This chapter is enacted pursuant to the City's police powers to protect the public safety, health, and welfare. The express purpose of this chapter is to protect the public health and safety by eliminating retail access for recreational use of nitrous oxide, a very dangerous gas that is illicitly used as an intoxicant. This chapter does not prohibit lawful use of nitrous oxide in medical, dental, or commercial applications as permitted by law.
(Ord. 09-25, 6/24/2025)
"Device"
means any cartridge, compressed gas cylinder, apparatus, container, balloon, attachment, nozzle, or other object used to contain or dispense or administer nitrous oxide.
"Nitrous oxide"
means any of the following substances: N2O, dinitrogen monoxide, dinitrogen oxide, nitrogen oxide, or laughing gas, as defined in California Penal Code Section 381c(a) as may be amended from time to time. Nitrous oxide is a colorless nonflammable gas sometimes informally or colloquially referred to as "nitro," "NOX," "galaxy gas," "whippits," amongst other names.
"Wholesale capacity"
means to sell nitrous oxide or a device to dispense nitrous oxide to a person that will use said product in the performance of its service or the production of its goods.
(Ord. 09-25, 6/24/2025)
Except as otherwise allowed under this chapter, it is unlawful for any person to sell, offer, distribute, display for sale, or otherwise provide to any person nitrous oxide, a device to dispense or administer nitrous oxide, or any device that contains any quantity of nitrous oxide.
(Ord. 09-25, 6/24/2025)
A. 
This chapter does not apply to the sale, offer, distribution, display for sale, or any other manner of providing nitrous oxide, or a device containing any quantity of nitrous oxide, in the following circumstances:
1. 
If nitrous oxide is labeled and marketed as food-grade and is contained within a food product for use as a propellant or preservative, it must comply with City zoning laws under Title 17 when utilized in restaurants, food service establishments, retail convenience stores, grocery markets, or in houseware or grocery products.
2. 
If the nitrous oxide or device is being sold, offered, or distributed in a wholesale capacity. This exemption only applies provided the wholesaler does not know, nor should reasonably know, that the recipient intends to use the nitrous oxide or device in violation of Section 9.44.030.
3. 
If the nitrous oxide or device is specifically designed, marketed, and safety-labeled for industrial use exclusively for automotive purposes, it must be utilized at a licensed automotive facility that is approved by the California Bureau of Automotive Repair and in compliance with City zoning laws under Title 17.
4. 
If the nitrous oxide is being administered for the purposes of medical or dental care only when prescribed, directed, or supervised by a medical or dental practitioner licensed by the State of California. The administration must adhere to all applicable laws, regulations, and standards governing the lawful prescription, order, or administration of nitrous oxide to the patient.
5. 
If the nitrous oxide or device is being dispensed by a pharmacist, pharmacist intern, or pharmacy as defined by California Business and Professions Code Sections 4030, 4036, and 4037, as may be amended, in the course of their duties as a pharmacist or pharmacist intern, or wholesalers licensed by the Board of Pharmacy.
6. 
If the nitrous oxide or device is by a manufacturer classified under Code Number 325120 (industrial gas manufacturer) or 424690 (other chemical and allied products merchant wholesalers) by the North American Industry Classification System (NAICS) as part of a manufacturing process or industrial operation.
7. 
Any person that possesses or distributes nitrous oxide under an express exemption pursuant to the California Penal Code Section 381b through e as may be amended from time to time.
8. 
Or any other circumstances exempted under law.
(Ord. 09-25, 6/24/2025)
A. 
The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.
B. 
In addition to any other remedy, any person violating any provision of this chapter shall be guilty of a misdemeanor for each day such violation continues.
C. 
Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall constitute a violation.
D. 
Any violation of this chapter may be remedied by a civil action brought by the City Attorney. The City may recover reasonable attorneys' fees and costs of suit in any civil action brought by the City Attorney to remedy any violation of this chapter.
E. 
Violations of this chapter are hereby declared to be public nuisances subject to abatement by the City.
F. 
Nothing in this chapter shall limit the City from pursuing administrative, civil, or criminal citations or to abate public nuisances or violations of this chapter in accordance with Chapters 1.08 and 1.10 of the Orange Municipal Code.
(Ord. 09-25, 6/24/2025)