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 ..