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HomeMy WebLinkAboutItem 8.3 Drug Paraphernalia Ord (2) . ' e. . e THE CITY OF DUBLIN P.O. Box 2340 Dublin. CA 94566 /'i- 01 J MEMORANDUM 5/2o//198~ c.e~nl1t:. TO: City Council FROM: City Manager DATE: May 19, 1982 !:J &O~8D (415) 829-~ 4600 SUBJECT: Drug Paraphernalia Ordinance At the City Council meeting Of~' 1982 an ordinance prohibiting the distribution and display of drug paraphernalia was introduced. An ordinance incorporating the revisions made by the City Council has been prepared, and is attached for second reading. e e May 6, 1982 Dublin Wy Council 6500 Vublin Blvd. Vublin, CaUnof1.rU.a 94566 VeM CouncitMemb~, The new.6papeJt6 have f1.ec.evitly f1.epoftted :tha-t you Me c.oVL6idvUng pfucing a. ban on the .6 ale On Vf1.ug' PMapheJr.nalia in the City 06 Dublin. Iwoutd like to WLge you to do th,[.6 a.6 .6oon a.6 pOMib-l'.e, be.6pec.i6ic. on what you Me labeling pMapheJr.nalia and then make .6Uf1.e that the. nec.eMMY ennOf1.c.ement mea.6 Uf1.Uaf1.e taken to &uJJ..y bac.k up the. ban. We do the veJr.y but job we c.an at the High Sc.hool ;to monitof1. (vwg ac.tivity oveJr. heJr.e but .6imply don't have :the time. Of1. the manpowe.f1. to do what need..6 to be done at a.e..e. timu to pf1.ec..e.ude ail Mug f1.etated _ ac.tivity. WhetheJr. Of1. not you c.outd .6ay that we have a cfJtug pf1.oblem n.eJr.e at Vublin High Sc.hool 1.6 debatable in a.6 muc.h a.6 we f1.eaUy don't have. a way to deteJr.rrU.J1e U ac.c.Uf1.ate.ly. I do know" howeveJr., that ac.tiviliu and behaviof1. do go on heJr.e, a.6 in any high .6c.hool, that we. don't c.ondone, and a ban .6uc.h a.6 ha.6 been pf1.op0.6ed would defl,[nitety be. a .6:te.p in :the. Jr.igh:t dAAe.~on :tOWMM he.iping M and :the. c.ommuni-ty .in ge.nef1.al in eflf..oJr.:t.6 :to c.Uf1.b :the. pf1.ohte.m. Sivic.eJr.ely YOUJt6, 'M 't 1/ , , :\ iJV iv\.. '-0t~/~ Joan King, P~h~pal IJ e old in heritage - new in ideas .,. u; tn Chamber of Commerce e Ivlay 10, 1982 Dublin City Council 6500 Dublin Boulevard #218 Dublin, CA 94566 Members of the City Council, It has come to the attention of the Dublin Chamber of Commerce that a proposal has been made to the Duolin City Council to ban the sale of dru8paraphernall~ in the City of Dublin. The Dublin Chamber of Commerce would STRONGLY SUPPORT the Dublin City Council on the initiative of the ban of the sale of drug paraphernalia. l'ihile such a b3.n certainly would not eliminate all of the problems surrounding this issue, we feel that it would discourage the possibility of related businesses from becoming a part of this community. The Dublin Chamber of Commerce sees no realistic harm coming to our community over the adoption of such a ban, but we can see many positives resulting from it. Yours Very Truly, ,>/ ' ~~dC~~ ~..;,o/-z;:'-C -";:7 . , ~ina Edgecomb, President Dublin Chamber of Commerce cc: Valley Times Tri-Valley Herald & News 6500-E Dublin Boulevard Dublin, California 94566 (415) 828-6200 e e ORDINANCE NO. AN ORDINANCE PROHIBITING THE DISTRIBUTION AND DISPLAY OF DRUG PARAPHERNALIA The City Council of the City of Dublin does ordain as follows: Section 1. DEFINITIONS As used in this chapter, the following terms shall be ascribed the following meanings: (a) "Business" -- means a fixed location, whether indoors or outdoors, at which merchandise is offered for sale at retail. (b) "Display" -- means to show to a patron or place in a manner so as to beavai1able for viewing or inspection by a patron. (c) "Patron" -- means a person who enters a business for the purpose of purchasing or viewing as a shopper merchandise offered for sale at the business. (d) "Distribute" -- means to transfer ownership or a possessory interest to another, whether for consideration or as a gratuity. "Distribute" includes both sales and gifts. (e) "Controlled substance" -- means those controlled substances set forth in Sections 11054, 11055, 11056, 11057 and 11058 of the California Health and Safety Code, identified as Schedules I through v, inclusive, as said sections now exist or may hereafter be amended. Section 2. DEFINITION: DRUGPARAPHERNALIA As used herein, "drug paraphernalia" means any of the following when displayed, grouped, advertised or promoted for sale: (a) Any item whether useful for non-drug related purposes or not, which is displayed, grouped with other items, e e advertised, or promoted in a manner to reasonably suggest its usefulness in the growing, harvesting, processing, manufacturing, preserving, inhaling, injecting or ingesting of marijuana, hashish, cocaine, or any controlled substance as defined in the Health and Safety Code of the State of California. (b) Any item, whether useful for non~drug related purposes or not, which is designed, decorated or adorned in a manner to reasonably suggest its use- fulness in the growing, harvesting, processing, inhaling, injecting, or ingesting of marijuana, hashish, cocaine, or any controlled substance as defined in the Health and Safety Code of the State of California. (c) Any item defined by any statute of the Stat~ of California as drug paraphernalia. Section 3. DISPLAY OF DRUG PARAPHERNALIA (a) Except as authorized by law, it shall be unlawful for any person to willfully maintain or operate any business knowing, or under circumstances where one reasonably should know, that drug paraphernalia is displayed at such business. (b) Except as authorized by law, it shall be unlawful for any person who is the owner of a business, an employee thereof or who works at such business as an agent of the owner, to willfully display drug paraphernalia at such business. Section 4. DISTRIBUTION OF DRUG PARAPHERNALIA Except as authorized by law, it shall be unlawful for any person to willfully distribute to another person drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of any law of the State of California. 2. e e Section 5. EXCEPTIONS No provision of this Ordinance shall be deemed, whether directly or indirectly, to authorize any act which is otherwise prohibited by any law of the State of California or require any act which is otherwise prohibited by any law of the State of California. Nor shall any provision of this Ordinance be deemed, whether directly or indirectly, to prohibit any act or acts which are prohibited by any law of the State of California. Section 6. SEVERABILITY If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this Ordinance which can be givin effect without the invalid provision or application, and to this end the provisions of this act are severable. Section 7. REVOCATION OF BUSINESS LICENSE Violation of the provisions of this Ordinance ,shall constitute grounds for revocation of any business license issued by the City of Dublin to a business upon the premises of which the violation has occurred. Revocation of a business license shall be pursuant to procedures adopted by the City of Dublin'. Section 8. ,FINDING: HAZARDOUS TO'HEALTH, SAFETY AND WELFARE The illegal use of controlled substances within the City of Dublin creates serious social, medical and law enforce- ment problems, and constitutes a nuisance hazardous to the health, and welfare of the citizens of the City of Dublin. Section 9. INTENT The display of drug paraphernalia in retail stores within the city, and the distribution of such paraphernalia intensifies artdotherwise compounds the problem of illegal use of controlled substances within this community. A ban only upon the display and distribution of drug paraphernalia to persons under 18 years of age would not be practical. A person who displays or distributes would have difficulty determining who could lawfully view or receive drug paraphernalia. 3. . " e e .' Law enforcement agencies would be subjected to added enforcement burdens by adding age of a person who views or receives parapherna- lia as an element of a prohibition upon display and distribution. A significant number of high school students are 18 years of age or older. It would be lawful to distribute paraphernalia to some students attending the same school in which the distribution to other students would be prohibited. Permitted display and distribution to adults within the community would symbolize a public tolerance of illegal drug use, making it difficult to explain the rationale of programs directed against similar abuse by youth. The problem of illegal consumption of controlled substances within this community is significant and substantial, necessitating a cessation of the encouragement to drug abuse which the display and distribution o~ drug paraphernalia create. This Ordinance is a measure which is necessary in order to discourage the illegal use of controlled substances within the community. Section 10. MISDEMEANOR Violation of this Ordinance shall be a misdemeanor punishable by either a $500.00 fine or six (6) months in the 'county jail, or both. PASSED AND ADOPTED by the City Council of the City of Dublin on this day of , 1982, by the following Vote: AYES: COUNCILMEMBERS NOES: None ABSENT: None Mayor Attest: By Clerk 4.