The council finds as follows:
A. Display and Distribution of Drug Paraphernalia
is a Serious Problem. The illegal use of controlled substances within
the city creates serious social, medical, and law enforcement problems.
The illegal use of such substances by persons under 18 years of age
causes serious physical and psychological damage to the youth of this
community, impairs educational achievement and the efficiency of the
educational system, and increases non-drug-related crime, all to the
detriment of the health, safety, and welfare of the citizens of the
city.
The proliferation of the display
of drug paraphernalia within the city, and the distribution of such
paraphernalia, intensifies and compounds the problem of illegal use
of controlled substances.
B. An Age-Related Prohibition is Impractical.
A ban only upon the display and distribution of drug paraphernalia
to persons under 18 years of age would not be practical. The person
who displays or distributes such matter would have difficulty determining
who could lawfully view or receive drug paraphernalia. The police
department would be subjected to an intolerable enforcement burden
by adding age as an element of a prohibition upon display and distribution.
A significant number of high school students are 18 years of age or
older. With an age-related prohibition, it would be lawful to distribute
paraphernalia to some students attending the same school in which
the distribution to other students would be prohibited. Permitted
display and distribution to adults within the community would symbolize
a public tolerance of illegal drug use, making it difficult to explain
the rationale of programs directed against similar abuse by youth.
The problem of illegal consumption of controlled substances by adults
within this community is significant and substantial, necessitating
a cessation of the encouragement to drug abuse which the display and
distribution of drug paraphernalia create.
This chapter is necessary in order
to discourage the illegal use of controlled substances within the
city.
(Ord. 1963 §
1, 1986)
As used in this chapter, the following
terms shall be ascribed the following meanings:
“Business”
means a fixed location, whether indoors or outdoors, at which
merchandise is offered for sale at retail.
“Controlled substance”
means those controlled substances set forth in Sections 11054,
11055, 11056, 11057, and 11058 of the California Health and Safety
Code, identified as Schedules I through V, inclusive, as said sections
now exist or may hereafter be amended.
“Display”
means to show to a patron or place in a manner so as to be
available for viewing or inspection by a patron.
“Distribute”
means to transfer ownership or a possessory interest to another,
whether for consideration or as a gratuity. “Distribute”
includes both sales and gifts.
“Drug paraphernalia”
means:
1.
All equipment, products, and materials
of any kind which are intended by a person charged with a violation
of this chapter for use in planting, propagating, cultivating, growing,
harvesting, manufacturing, compounding, converting, producing, processing,
preparing, testing, analyzing, packaging, storing, containing, concealing,
injecting, ingesting, inhaling, or otherwise introducing into the
human body a controlled substance in violation of any law of the state.
“Drug paraphernalia” includes, but is not limited to,
all of the following:
a.
Kits intended for use in the planting,
propagating, cultivating, growing, or harvesting of any species of
plant which is a controlled substance or from which a controlled substance
can be derived;
b.
Kits intended for use in manufacturing,
compounding, converting, producing, processing, or preparing controlled
substances;
c.
Isomerization devices intended for
use in increasing the potency of any species of plant which is a controlled
substance;
d.
Testing equipment intended for use
in identifying, or in analyzing the strength, effectiveness or purity
of, controlled substances;
e.
Scales and balances intended for
use in weighing or measuring controlled substances;
f.
Dilutants and adulterants, such as
quinine hydrochloride, mannitol, mannite, dextrose, and lactose, intended
for use in cutting controlled substances;
g.
Separation gins and sifters intended
for use in removing twigs and seeds from, or in otherwise cleaning
or refining, marijuana;
h.
Blenders, bowls, containers, spoons
and mixing devices intended for use in compounding controlled substances;
i.
Capsules, balloons, envelopes, and
other containers intended for use in packaging small quantities of
controlled substances;
j.
Containers and other objects intended
for use in storing or concealing controlled substances; and
k.
Objects intended for use of injecting,
inhaling or otherwise introducing marijuana, cocaine, hashish, or
hashish oil into the human body, such as:
i.
Metal, wooden, acrylic, glass, stone,
plastic, or ceramic pipes with or without screens, permanent screens,
hashish heads, or punctured metal bowls,
iii.
Carburetion tubes and devices,
iv.
Smoking and carburetion masks,
v.
Roach clips, meaning objects used
to hold burning material, such as a marijuana cigarette that has become
too small or too short to be held in the hand,
vi.
Miniature cocaine spoons, and cocaine
vials,
2.
In determining whether an object
is “drug paraphernalia,” a court or other authority may
consider, in addition to all other logically relevant factors, the
following:
a.
Statements by an owner or by anyone
in control of the object concerning its use;
b.
The proximity of the object to controlled
substances;
c.
The existence of any residue of controlled
substances on the object;
d.
Direct or circumstantial evidence
of the intent of an owner, or of anyone in control of the object,
to deliver to persons who he knows intend to use the object to facilitate
a violation of the laws of the State of California relating to controlled
substances;
e.
Instructions, oral or written, provided
with the object concerning its use;
f.
Descriptive materials accompanying
the object which explain or depict its use;
g.
National and local advertising concerning
its use;
h.
The manner in which the object is
displayed for sale;
i.
Direct or circumstantial evidence
of the ratio of sales of the object or objects to the total sales
of the business enterprise;
j.
The existence of scope of legitimate
uses for the object in the community; and
k.
Expert testimony concerning its use.
“Patron”
means a person who enters a business for the purpose of purchasing
or viewing as a shopper merchandise offered for sale at the business.
“Person”
means a natural person or any firm, partnership, association,
corporation, or cooperative association.
(Ord. 1963 §
1, 1986)
Except as authorized by law, it is
unlawful for any person to wilfully distribute to another person drug
paraphernalia, knowing that it will be used to plant, propagate, cultivate,
grow, harvest, manufacture, compound, convert, produce, process, prepare,
test, analyze, pack, repack, store, contain, conceal, inject, ingest,
inhale, or otherwise introduce into the human body a controlled substance
in violation of any law of the state.
(Ord. 1963 §
1, 1986)
No provision of this chapter shall
be deemed, whether directly or indirectly, to authorize any act which
is otherwise prohibited by any law of the state, or require any act
which is otherwise prohibited by any law of the state. Nor shall any
provision of this chapter be deemed, whether directly or indirectly,
to prohibit any act or acts which are prohibited by any law of the
state.
(Ord. 1963 §
1, 1986)
Any person who violates any provision
of this chapter is guilty of an infraction.
Any person who violates the provisions of Section
10.32.030 shall be deemed to be guilty of a separate offense for each day, or portion thereof, during which the violation continues. A person who violates the provisions of Section
10.32.040 shall be guilty of a separate offense for each item of drug paraphernalia which is distributed.
(Ord. 1963 §
1, 1986)
The use of any building or structure in violation of this chapter constitutes a public nuisance. If at any time the provisions of this chapter are violated, the city attorney may, in his discretion, commence proceedings to restrain and enjoin such violation as a public nuisance and abate the nuisance by full or partial closure of the building or structure, as provided in the Zoning Ordinance of the City of Roseville. A proceeding hereunder shall be a nonexclusive remedy that may be brought in addition to or as an alternative to prosecution pursuant to Section
10.32.060.
(Ord. 1963 §
1, 1986)