Ordinance - 1474ORDINANCE NO. 1474
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA ADDING ARTICLE VII TO CHAPTER 15
OF THE WEST COVINA MUNICIPAL CODE RELATING TO
THE DISPLAY AND SALE OF DRUG PARAPHERNALIA.
THE CITY COUNCIL OF THE CITY OF WEST COVINA DOES ORDAIN AS,FOLLOWS:
SECTION 1. The West Covina Municipal Code hereby is amended by adding
to Chapter 15 a new Article VII to read as follows:
"ARTICLE VII. .SALE AND DISPLAY OF DRUG PARAPHERNALIA.
SECTION 15-140. DISPLAY FOR SALE.
No person shall display for sale or offer for sale, in a place
of business open to the public, any drug paraphernalia.
SECTION 15-141. APPLICATION OF PROHIBITION
The prohibition set forth in Section 15-140 shall not apply
when drug paraphernalia are displayed for sale or offered for
sale in a room the entrance to which is posted by a conspicuous
sign clearly stating that drug paraphernalia are displayed for
sale or offered for sale therein and that minors may not enter
such room unless accompanied by their parent or legal guardian.
Where many customers are of a culture which has a primary
• language other than English, the sign shall be written in that
language as well as in English.
SECTION 15-142: MINORS.- PROHIBITION.
No person in control of any place of business open to the public
shall allow a. minor to enter or remain in a room at such place
of business in which drug paraphernalia are displayed for sale
or offered for sale.
SECTION-15-143. SALE TO MINORS.
P,lo_person at any place of -business open to the public shall sell
drug paraphernalia to a minor:
SECTION 15-144. PRESENCE OF MINORS.
No minor -shall, enter or remain in a room at a place of business
open to the public in which drug paraphernalia are displayed for
sale or offered for sale.
SECTION 15-145. PURCHASE BY MINORS.
No minor shall purchase drug paraphernalia at a place of business
open to the public.
• SECTION 15-146. PROHIBITION EXEMPTIONS.
The prohibitions set forth in Sections 15-142, 15-143, 15-144, and
15-145 shall not apply when a minor is accompanied by his or her
parent or legal guardian, or, with respect to Sections 15-142 and
15-143 alone, when a minor is accompanied by an adult who represents
himself or herself to be the parent or guardian of the minor and
whom the person, by the exercise of reasonable care, does not have
reason to know is not the parent or guardian of the minor.
SECTION 15-147. DEFINITIONS
As used in this article, the following terms shall have the
indicated meanings:
"Person" shall mean any individual, partnership, firm, associa-
tion, corporation, or other legal entity.
"Drug paraphernalia" shall mean:
(1) .Metal, wooden, acrylic, glass, stone, plastic or
ceramic pipes, with or without screens;
(2) Water pipes;
(3) Chamber pipes;
(4) Electric pipes;
(5) Air driven pipes;
(E) Ice.pipes or chillers;
(7) Chillums;
(8) Bongs;"
(9) Carburetion tubes and pipes;
(10) Carburetion and smoking masks;
(11) Roach clips; and
(12) Separation gins
which are designed or displayed in such a manner as would cause
an average person, applying contemporary standards, to conclude
that such objects are intended by the manufacturer or by the
retailer for use with the controlled substances marijuana, con-
centrated cannabis (hashish) or phencyclidine (PCP), including
any material, compound, mixture, or preparation containing such
substances, as the same are defined by the Health and Safety Code
of the State of California. Said conclusion may be based upon
consideration of such factors as the following: national and
local advertisements for the object; descriptive materials and
instructions, oral or written, provided with the object; the
manner in which the object is displayed for sale; whether the
retailer offers for sale tobacco products; the existence and
scope of other uses for the object in the community; expert
testimony concerning the object's use.
"Room" shall mean a space that is separated from the remaining
area occupied by the place of business by a partition which has
the effects of both setting off that space so as to indicate an
entrance thereto and obscuring from outside view any and all
drug paraphernalia contained therein.
• SECTION 15-148. PUBLIC NUISANCE.
The display for sale or possesion for sale of drug paraphernalia
in a place of business open to the public, except as set forth in
Section 15-141, is hereby declared to be a public nuisance and
may be abated pursuant to Section 731 of the Code of Civil Proce-
dure of the State of California."
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SECTION 2. Severability. If any phrase, clause, sentence, or sub-
section of this Ordinance or application thereof to any person or circumstance
is held invalid, such invalidity shall not affect any other phrase, clause,
sentence, subsection or application of this Ordinance which can be given effect
without the invalid phrase, clause, sentence, subsection or application, and to
this end the provisions of this Ordinance are declared to be severable.
SECTION 3. The City Clerk shall certify to the passage of this Ordinance
and cause the same to be published in the manner required by law.
ATTEST:
PASSED AND APPROVED this 24th day of
City Clerk
March
PASSED AND ADOPTED as an Ordinance of the City of West Covina at a
regular meeting thereof held on the 24th day of March 1980,
by the following vote:
AYES: Councilmen: Miller, Tice, Shearer, Browne, Chappell
NOES: Councilmen: None
ABSENT: Councilmen: None
APPROVED AS TO FORM:
City Attorney
City Clerk
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