HomeMy WebLinkAboutOrdinance #2372 ORDINANCE NO. 2372
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE
BY ADDING THERETO CHAPTER 9. 86 ENTITLED "NARCOTIC
PARAPHERNALIA" TO REQUIRE BUSINESS PROPRIETORS
TO EXCLUDE MINORS FROM ANY ROOM OR PLACE WHERE
NARCOTIC PARAPHERNALIA ARE DISPLAYED OR SOLD
The City Council of the City of Huntington Beach does
ordain as follows :
SECTION 1. Title 9 of the Huntington Beach Municipal
Code pertaining to Public Peace, Morals and Welfare is hereby
amended by adding new Chapter 9. 86 entitled "Narcotic Para-
phernalia" , to read as follows :
Chapter 9. 86
NARCOTIC PARAPHERNALIA
9. 86. 010 Definitions .
(a) Narcotic paraphernalia. As used in this chapter,
the phrase "narcotic paraphernalia" shall include any instru-
ment or device used, designed for use, or intended for use or
preparation of any controlled substance, as defined in the Cali-
fornia Health and Safety Code, excluding devices designed and
sold for the legal injection of prescription drugs .
(b) Minor. As used in this chapter, the word "minor"
shall include all persons under the age of eighteen (18 ) years .
9.86. 020 Display and sale of paraphernalia. It shall be
unlawful for any person to display or sell narcotic paraphernalia
to a minor unaccompanied by his parent or legal guardian. The
display and sale of such paraphernalia shall otherwise be in
accordance with this chapter.
9. 86. 030 Minors excluded. Sale or display of narcotic
paraphernalia shall be limited to a separate room or enclosure
from which minor persons, not accompanied by parents or legal
guardians , shall be excluded.
9.86. 040 Entrance posted . Each entrance to such room or
enclosure shall be posted with a sign in reasonably visible and
legible words to the effect that narcotic paraphernalia are
being offered for sale in such room and minors unless accom-
panied by their parents or legal guardians are excluded.
ADL:ps
4/25/79
1.
9.86. 050 Accompanied by parent . It shall be unlawful for
a minor to enter or remain in any place used for the sale or dis-
play for sale of narcotic paraphernalia unless such minor is
accompanied by and under the care at all times of his parent
or legal guardian.
9.86. 060 Public nuisance. The sale or display of narcotic
paraphernalia in any place of business from which minors are not
excluded as set forth in this chapter is hereby declared to be a
public nuisance and may be abated pursuant to the provisions of
Section 731 of the California Code of Civil Procedure. This remedy
is in addition to any other remedy provided by law, including the
penalty provisions applicable for violation of the terms and pro-
visions of this code.
SECTION 2. The City Council hereby declares that it would
have passed this ordinance sentence by sentence, paragraph by
paragraph, and section by section, and does hereby declare that
the provisions of this ordinance are severable and, if for any
reason, any sentence, paragraph, or section of this ordinance
shall be held invalid, such decision shall not affect the validity
of the remainingr f parts o this ordinance.
SECTION 3. This ordinance shall take effect thirty days
after adoption. The City Clerk shall certify to the passage of
this ordinance and cause same to be published within fifteen (15)
days after adoption in the Huntington Beach Independent, a news-
paper of general circulation.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the2lst
day of May 1979.
Mayor
ATTEST: APPROV D AS TO FORM:
Alicia M. Wentworth
City Clerk
Deputy City Clerk City Attorney
REVIEWED AND APPROVED:
C ty Administrator
2.
Ord. No. 2372
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach and ex-officio Clerk of the
City Council of the said City, do hereby certify that the whole number
of members of the City Council of the City of Huntington Beach is seven;
that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 7th day of May
1979 , and was again read to said City Council at a regular
meeting thereof held on the 21st day of May , 19 79 and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council.
AYES: Councilmen:
Pattinson, Thomas, Mandic, MacAllister, Bailey, Yoder, Finley
NOES: Councilmen:
None
ABSENT: Councilmen:
None
At1O➢A M. WEN WO'R'TH
City Clerk and ex-o£ficio Clerk
of the City Council of the City
of Huntington Beach, California
By:
_ S�'
Deputy
I, Alicia mt. VJentworth CITY CLERK of the City of
Huntington Beach and ex•officio Clerk of the City
Gourd:, di he.-et)y certify that a synopsis of this
ordinance has been published in the Huntington
Bea.. � c;
-nr+' nt n
-? , 197 *
_ ......... ................
In accor4aic4 trill: Vie City hater of said City.
_..ALICIA.M..WENTWARTR.:............................... .
City Clerk
a`
Deputy City Clerk