As used in this chapter, the following words, phrases and terms shall have the following meanings:
"Advertise"
means to verbally, literally or pictorially display, publicize or tell of an item or a quantum of merchandise that is offered for sale.
"Business"
means a fixed location, whether indoors or outdoors, at which merchandise is offered for sale.
"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, renumbered or added to in any way.
"Display"
means to show or have available for viewing.
"Drug paraphernalia"
means all equipment, products and materials of any kind which are used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repacking, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of any law of the state of California. "Drug paraphernalia" includes, but is not limited to, all of the following:
1. 
Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances;
2. 
Isomerization devises used, intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance;
3. 
Testing equipment used, intended for use or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances;
4. 
Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose used, intended for use or designed for use in cutting controlled substances;
5. 
Separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining marijuana;
6. 
Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding controlled substances;
7. 
Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances;
8. 
Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances;
9. 
Objects used, intended for use or designed for use in injecting, inhaling, or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:
a. 
Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls,
b. 
Water pipes,
c. 
Carburetion tubes and devices,
d. 
Smoking and carburetion masks;
10. 
Roach clips, meaning objects to hold burning materials, such as marijuana cigarette that has become too small or too short to be held in the hand;
11. 
Miniature cocaine spoons and cocaine vials;
12. 
Chamber pipes;
13. 
Carburetor pipes;
14. 
Air-driven pipes;
15. 
Bongs.
In determining whether an object is "drug paraphernalia", a court or other authority may consider to the extent authorized by law, 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. 
Prior convictions, if any, of an owner or of anyone if control of the object, under any state or federal law relating to any controlled substance;
c. 
The proximity of the object, in time and space, to a direct violation of this chapter;
d. 
The proximity of the object to controlled substances;
e. 
The existence of any residue of controlled substances on the object;
f. 
Direct or circumstantial evidence of the intent of an owner or of anyone in control of the object, to deliver to persons whom he or she knows intends to use the object to facilitate a violation of the laws of the state of California relating to controlled substances;
g. 
Descriptive materials or instructions, oral or written, accompanying the object which explain or depict its use;
h. 
National and local advertising concerning its use;
i. 
The manner in which the object is displayed for sale, including its proximity to other objects falling within the definition of drug paraphernalia;
j. 
Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise;
k. 
The existence and scope of legitimate uses for the object in the community; and
l. 
Expert testimony concerning its use.
"Enclosure"
means floor space, the physical access to which is restricted and the interior of which is not subject to view by a patrol from the outside.
"Minor"
means any person under eighteen years of age.
"Person"
means a natural person or any firm, partnership, association, corporation or cooperative association.
"Sell"
means any form of transfer of possession or delivery, whether with or without consideration.
(Ord. 81-1, 1981)
A. 
No person shall maintain or operate any place of business in which drug paraphernalia is kept, displayed or offered in any manner, sold, furnished, transferred or given away unless such drug paraphernalia are completely and wholly kept, displayed or offered within a separate room or enclosure from which persons under the age of eighteen who are not accompanied by a parent or legal guardian, are excluded.
B. 
No owner, manager, proprietor or other person in charge of any room or enclosure within any place of business in which drug paraphernalia is kept, displayed or offered in any manner, sold, furnished, transferred or given away shall permit or allow any person under the age of eighteen years to enter, be in, remain in, or visit such room or enclosure unless such minor is accompanied by one of his or her parents or his or her legal guardian.
C. 
No person under the age of eighteen years shall enter, be in, remain in, or visit any room or enclosure in any place of business which has been signposted in the manner prescribed by subsection A of this section, unless accompanied by one of his or her parents or by his or her legal guardian.
(Ord. 81-1, 1981)
The provisions of subsection A of Section 8.18.020 shall not apply to any person unless that person maintains or operates a place of business in which drug paraphernalia is kept, displayed or offered in any manner with intent to deliver, sell, furnish, transfer or give away, knowing or under circumstances where he or she should reasonably know 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 system a controlled substance in violation of any law of the state of California. The provisions of subsection B of Section 8.18.020 shall not apply to any owner, manager, proprietor or other person in charge of any room or enclosure within any place of business in which drug paraphernalia is kept, unless the drug paraphernalia is required by the provisions of subsection A of Section 8.18.020 to be kept, displayed or offered within such separate room or enclosure.
(Ord. 81-1, 1981)
No person shall deliver, sell, furnish, transfer or give away to a minor any drug paraphernalia, knowing or under circumstances where he or she reasonably should know 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 of California.
(Ord. 81-1, 1981)
No person shall advertise in any newspaper, handbill or other publication produced within the county of Stanislaus, knowing or under circumstances where he or she reasonably should know that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed for use or intended for use as drug paraphernalia.
(Ord. 81-1, 1981)
This chapter shall not apply to any of the following:
A. 
Any pharmacist or other authorized person who sells or furnishes drug paraphernalia upon the prescription of a physician, dentist, podiatrist or veterinarian;
B. 
Any physician, dentist, podiatrist or veterinarian who furnishes or prescribes drug paraphernalia to his or her patient;
C. 
Any manufacturer, wholesaler or retailer licensed by the California State Board of Pharmacy to sell or transfer drug paraphernalia;
D. 
No provision of this chapter shall be deemed, whether directly or indirectly, to authorize any use, possession or other act which is otherwise prohibited by any law of the state of California.
(Ord. 81-1, 1981)
A. 
Infraction. Violation of any provisions of this chapter is an infraction and shall be punishable by a fine not exceeding fifty dollars for a first violation; a fine not exceeding one hundred dollars for a second violation within one year; a fine not exceeding two hundred fifty dollars for each additional violation within one year. A person who violates Section 8.18.020(A) shall be guilty of a separate offense for each day, or portion thereof, during which the violation continues.
B. 
Public Nuisance. A violation of any provision of this chapter is declared to be a public nuisance subject to abatement pursuant to Section 731 of the Code of Civil Procedure.
C. 
Business License. A violation of any provision of this chapter shall be sufficient ground for the city manager to revoke, suspend or to refuse to renew the business license of the person or entity violating this chapter. A criminal conviction or adverse judgment in a nuisance action shall not be required in order to establish a violation of this chapter for purposes of revocation, suspension or refusal to renew a business license pursuant to this subsection.
Any person or entity aggrieved by the actions of the city manager in revoking, suspending or refusing to renew a business license pursuant to this subsection shall have the right to appeal to the city council by filing with the city clerk a written notice of appeal within ten days of receipt of written notice of the city council action. Upon receipt of the notice of appeal the city clerk shall transmit the notice to the city council.
(Ord. 81-1, 1981)
The city council declares that it would have passed the ordinance codified in this chapter sentence by sentence, paragraph by paragraph, and section by section and does declare that the provisions of this chapter are severable and if for any reason any sentence, paragraph or section of this chapter shall be held invalid, such decision shall not affect the validity of the remaining parts of this chapter.
(Ord. 81-1, 1981)