HomeMy WebLinkAboutORD NO 2724ORDINANCE NO. 2724
NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AMENDING SECTION 9.18.010 B. AND
ADDING SECTIONS 9.18.035 AND 9.18.050 TO THE
MUNICIPAL CODE OF THE CITY OF BAKERSFIELD
RELATING TO RECORDING SALES OF NARCOTIC AND
DRUG PARAPHERNALIA.
BE
as follows:
IT ORDAINED by the Council of the City of Bakersfield
That Section
City of Bakersfield is
SECTION 1.
9.18.010 B. of the Municipal Code of the
hereby amended to read as follows:
9.18.010 Definitions.
B. "Narcotic and/or drug paraphernalia" is defined as any
device, contrivance, instrument or apparatus designed or marketed
for the use for smoking or injecting, ingesting or consuming
marijuana, hashish, PCP or any controlled substance, as defined
in the Health and Safety Code of the State, including roach clips
and cigarette papers and rollers designed or marketed for the
smoking of the foregoing. Narcotic and drug paraphernalia, as
used in this Chapter, does not include prescription drugs and
devices to ingest or inject prescription drugs.
SECTION 2.
That Section 9.18.035 is hereby added to Chapter 9.18
of the Municipal Code of the City of Bakersfield to read as
follows:
9.18.035 Record of Sales.
Any person who owns, manages, operates or otherwise is in
charge of or engaged in the sale of any narcotic and/or drug
paraphernalia shall keep a record of all sales of such para-
phernalia. Such record shall contain the name and address of the
person making the purchase and shall contain a description of the
item(s) purchased. Such records shall be available for inspection
by a police officer during the regular operating hours of the
establishment. Records compiled pursuant to this Section shall
be retained at the business location for one (1) year by said
owner, manager, operator or proprietor.
SECTION 2.
That Section 9.18.050 is hereby added to Chapter 9.18
of the Municipal Code of the City of Bakersfield to read as
follows:
9.18.050 Severability.
If any section, subsection, sentence, clause or phrase of
this Chapter is for any reason held to be invalid or unconstitu-
tional by the decision of a court of competent jurisdiction, such
invalidity shall not affect the remaining portions of this Chapter.
SECTION 3.
This ordinance shall be posted in accordance with the
City Charter provisions and shall become effective thirty (30)
days from and after the date of ~ts passage.
......... o0o .........
I HEREBY CERTIFY that the foregoing Ordinance was passed
and adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on the 31s% day of Mmrch , 1982, by
the following w~te:
AYES: COUNCILMEN; BARTON, CHRISTENSEN, MEANS, PAYNE, RA'rTY, ROCKOFF B1RONG
CITY CLERK and /Ex Officio Clerk of the
Council of the City of Bakersfield
APPRO~V~D this 31st day of Mmrch
the {ity of Bakersfield
, 1982
APPROVED as to form:
CITY ATTORN~L~Y of the i y of Bakersfield
RJO:mm 3.
Affidavit of Ios tng r tnatt es
STATE OF CALIFORNIA, t
County of Kern ss.
PHILIP KELMAR, being duly sworn, deposes and says:
That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and
that om .......................................A.l~.~...i..l_...5.. ...............................................................,19...8...~._. he posted on the Bulletin Board
at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City
at a meeting thereof duly held on .............I~.~.~.~..h.......~.~..~. ....................................................., 19....~.~., which ordinance
was numbere~ ...........~..?..~.~ .................New Series, and entitled:
An Ordinance of the Council of the City of
Bakersfield amending Section 9.18.010 ~. and
adding Sections 9.18.035 and 9.18.050 to the
Municipal Code of the City of Bakersfield
relating to recording sales of Narcotic and
Drug Paraphernalia.
City Clerk
Subscribed and sworn to before me this
6th day of Ap~:i_~ , 19 82