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HomeMy WebLinkAboutORD NO 2545ORDINANCE NO. 2545 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING CHAPTER 7.80 TO TITLE 7 OF THE MUNICIPAL CODE OF THE CITY OF BAKERSFIELD RELATIVE TO THE DISPLAY OF NARCOTIC AND DRUG PARAPHERNALIA. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. That Chapter 7.80 is added to Title 7 of the Municipal Code of the City of Bakersfield to read as follows: Chapter 7.80 DISPLAY OF NARCOTIC AND DRUG PARAPHERNALIA Sections: 7.80 7.80 7.80 7.80 7.80 7.80 010 Definitions 020 Sale and Display Rooms 030 Prohibition of Minors 040 Violation of Chapter--Penalty 050 Nuisance 060 Severability 7.80.010 Definitions A. "Narcotic and/or drug paraphernalia" is defined as any device, contrivance, instrument or apparatus designed 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 of California, including roach clips and cigarette papers and rollers designed for the smoking of the foregoing. Narcotic and drug paraphernalia, as used herein, does not include prescription drugs and devices to ingest or inject prescription drugs. B. "Minor" is defined as a person under the age of 18 years. 7.80.020 Sale and Display Rooms. No owner, manager, proprietor or other person shall maintain in any place of business to which the public is invited, the display for sale, or the offering to sell of any narcotic and/or drug paraphernalia unless within a separate room or enclosure to which minors not accompained by a parent of the minor or legal guardian of the minor are excluded. Each entrance to such a room shall be sign posted in reasonably visible and legible words to the effect that narcotic and/or drug paraphernalia are being offered for sale in such a room, and minors unless accompanied by their parent or their legal guardian are prohibited. 7.80.030 Prohibition of Minors. A. No owner, manager, proprietor or other person in charge of any room in any place of business which sells or displays for the purpose of sale, any narcotic and/or drug paraphernalia, shall allow or permit any minor to be, remain in, enter or visit such room unless such minor person is accompanied by one of his or her parents, or by his or her legal guardian. B. Unless accompanied by one of his or her parents or his or her legal guardian, a minor shall not be, remain in, enter or visit any room in any place used for the sale, or display for sale of any narcotic and/or drug paraphernalia. 7.80.040 Violation of Chapter--Penalty. Any person, firm or corporation who violates any provision of this chapter shall be punished by a fine of not more than five hundred dollars ($500), or by imprisonment in the County Jail for a period of not more than six (6) months, or by both such fine and imprisonment. 7.80.050 Nuisance. In addition to any other remedy provided by law, including the penalty provisions of this chapter, the selling, exhibition for sale or display for sale of narcotic and/or drug paraphernalia in any place of business from which minors are not excluded pursuant to this chapter 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. This remedy is in addition to any other remedy by law, including the penalty provisions applicable for violation of the provisions of this chapter. 7.80.060 Severability. It is the intention of the City Council that this chapter, and every provision thereof, shall be considered separable; and the invalidity of any section, clause, provision or part or portion of any section, clause or provision of this chapter shall not affect the validity of any other portion of this chapter. SECTION 2. 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 its passage. .......... 000 .......... I HEREBY CERTIFY that the and adopted by the Council of the meeting thereof held on the 30th the following vote: foregoing Ordinance was passed City of Bakersfield at a regular day of January , 19~0, by CIT ficio Clerk of the Council of theYCity of Bakersfield APPROVED this 30th d~/y of January MAYC~'f ~he~ity of Bakersfield , 1980 APPROVED as to form: CITY ATTORNEY of akersfield Affibaat! of os ing r inan es STATE OF CALIFORNIA, } County of Kern ss. H. E. BERGEN, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on ......................................J..a.n.P~,.r.y.....3.1 .....................................................19.....~..Q. 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 ....... ..J.....a..~.~.~.~y_...~..(~..,. ..............................., 19_~..Q.., which ordinance was numberec[ ....... 25.45. ...............New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING CHAPTER 7.80 TO TITLE 7 OF THE MUNICIPAL CODE OF THE CITY OF BAKERSFIELD RELATIVE TO THE DISPLAY OF NARCOTIC AND DRUG PARAPHERNALIA. ~ erk Subscribed and sworn to before me this ~.~. day of Fe.~ru~.r~ .............. , 19.~.0 ..