Ordinance No. 656ORDINANCE NO. 656
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CYPRESS ADDING SECTIONS
17 -33 THROUGH 17 -38 TO THE CODE OF
THE CITY OF CYPRESS RELATING TO THE
EXCLUSION OF MINORS FROM PLACES WHERE
DRUG DEVICES ARE DISPLAYED OR OFFERED
FOR SALE
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY DOES
ORDAIN AS FOLLOWS:
SECTION 1. Sections 17 -33 through 17 -38 hereby are
added to the Code of the City of Cypress to read as follows:
Sec. 17 -33. Regulation of Display of Drug Devices
to Minors - Intent and Purpose.
The City Council hereby finds and determines as follows:
(a) Minors entering local business establish-
ments have been and are being involuntarily exposed
to the display of devices, instruments, and con-
trivances whose suggested purpose is to aid in the
smoking, ingesting, or injecting of marijuana, hashish,
PCP, and other controlled substances within the mean-
ing of the Health and Safety Code of the State of
California;
(b) Because such minors often lack the judg-
ment and discernment of adults, they frequently find
it difficult to make the distinction between the un-
restricted display and sale of such items on the one
hand and the actual use of such items in an unlawful
manner on the other hand;
(c) Thus, the unrestricted display of such items
tends to convey to such minors the misimpression that
society condones and even endorses the use of such
items for unlawful purposes and thereby tends to
increase the use of illegal drugs by minors; and,
(d) In order to protect the health, safety, and
well -being of minors in the community, the City Council
hereby finds it necessary to regulate the time, place
and manner in which such items are displayed or
offered for sale.
Sec. 17 -34. Same - Definitions.
As used in Sections 17 -33 through 17 -38, the
following terms have the meanings ascribed to them
herein unless the context clearly otherwise requires:
(a) "Business" means any commercial enterprise
or establishment, whether ongoing or transient, and
whether occupying indoor or outdoor premises.
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(b) "Display" means to show or to have avail-
able for viewing.
(c) "Drug device" means any contrivance, instru-
ment or paraphernalia including, but not limited to
items commonly referred to as bongs, superchargers,
hash pipes, stones, roach clips, coke spoons, and
coke tubes and straws, whose advertised or other
suggested purposes include aiding in the smoking,
ingesting, or injecting of marijuana, hashish, PCP,
or other controlled substances within the meaning of
the Health and Safety Code of the State of California,
other than prescription drugs.
(d) "Minor" means any person under eighteen (18)
years of age.
(e) "Sell" means to transfer possession of, for
consideration or as a gratuity.
(f) "Suggested purposes" includes any and all
uses suggested for a particular item and shall be
ascertained by taking into consideration the follow-
ing factors:
(i) The design and construction of the
item;
(ii) Any instructions provided with the
item;
(iii) The packaging of the item;
(iv) Descriptive materials accompanying or
displayed in the vicinity of the item;
(v) National, regional, and local adver-
tising of the item;
(vi) The overall context in which the item
is sold, including but not limited to the suggest-
ed uses of other products displayed in close prox-
imity thereto; and
(vii) The uses commonly associated with the
item by members of the community generally and
by persons familiar with illicit drug use.
Sec. 17 -35. Same - Minors Excluded.
No owner, manager, proprietor, or other person
in charge or control of any place of business selling,
offering for sale, or displaying for the purpose of
sale any drug device shall allow or permit any minor to
be in, remain in, enter or visit the room or rooms
where such selling, offering for sale, or displaying
occurs unless such minor is accompanied by one of
either his or her parents or by his or her legal
guardian. This section shall not apply to any pharmacy
or other practitioner (within the meaning of the Health
and Safety Code) when engaged in the lawful distribu-
tion or use of devices for administration of a con-
trolled substance.
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Sec. 17 -36. Same - Minors Prohibited.
No minor shall be in, remain in, enter or visit
any room in any place of business used for the sale,
offering for sale, or displaying for sale of any
drug device, unless such minor is accompanied by
one of his or her parents or his or her legal guardian.
This section shall not apply to any pharmacy or other
practitioner (within the meaning of the Health and
Safety Code) when engaged in the lawful distribution
or use of devices for administration of a controlled
substance.
Sec. 17 -37. Same - Separate Room.
No person shall maintain in any place of business
to which the public is invited the display for sale
or the offering for sale of any drug device except
within a separate room or enclosure to which minors
not accompanied by parents or legal guardians are
excluded. This section shall not apply to any phar-
macy or other practitioner (within the meaning of the
Health and Safety Code) when engaged in the lawful dis-
tribution or use of devices for administration of a
controlled substance.
Sec. 17 -38. Same - Nuisance.
The possession of any drug device for the purpose
of sale, offering for sale, or display in any place of
business from which minors are not excluded as set
forth in sections 17 -35 through 17 -37, inclusive,
is hereby declared to be a public nuisance and may be
abated pursuant to the provisions of Section 731 of
the Code of Civil Procedure of the State of California.
SECTION 2. Severability. If any section, subsection,
subdivision, sentence, clause, phrase or portion of this
Ordinance, or the application thereof to any person or
place, is for any reason held to be invalid or unconstitu-
tional by the decision of any court of competent jurisdic-
tion, such decision shall not affect the validity of the
remaining portions of this Ordinance or its application to
other persons or places. The City Council hereby declares
that it would have adopted this Ordinance, and each section,
subsection, subdivision, sentence, clause, phrase or portion
thereof, irrespective of the fact that any one or more
sections, subsections, subdivisions, sentences, clauses,
phrases, or portions, or the application thereof to any
person or place, be declared invalid or unconstitutional.
SECTION 3. The City Clerk is hereby authorized and
directed to certify as to the passage of this ordinance and
to give notice thereof by causing copies of this ordinance
to be posted in three public places within the City.
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READ at a regular meeting of the City Council of said
City h •
he on the 25th day of February 1980, and finally adopted
and ordered posted at a regular meeting of said Council held on
the 10th day of March 1980.
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41 ileg4A0110111.
F THE CITY OF CYPRESS
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY
CERTIFY that the foregoing Ordinance was duly adopted at a regular
meeting of the said City Council held on the 10th day of March
1980; by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Evans, Hudson, Lacayo, MacLain and
NOES:
ABSENT: 0 COUNCIL MEMBERS: None
Rowan
0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
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