[1961 Code, § 15.54; Ord. 836]
(A) 
For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
DRUG PARAPHERNALIA
All equipment, products and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance. "Drug paraphernalia includes, but is not limited to, all of the following:
(1) 
Kits used, intended for use, or designed for use in 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;
(2) 
Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances;
(3) 
Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance;
(4) 
Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances;
(5) 
Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;
(6) 
Diluents or adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose, wed, intended for use, or designed for use in cutting controlled substances;
(7) 
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;
(8) 
Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances;
(9) 
Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances;
(10) 
Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances;
(11) 
Hypodermic syringes, needles and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body;
(12) 
Objects used, intended for use, or designed for use in ingesting, 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;
(e) 
Roach clips, meaning objects used to hold burning materials, such as a marijuana cigarette that has become too small or too short to be held in the hand;
(f) 
Miniature cocaine spoons and cocaine vials;
(g) 
Chamber pipes;
(h) 
Carburetor pipes;
(i) 
Electric pipes;
(j) 
Air-driven pipes;
(k) 
Chillums;
(l) 
Bongs;
(m) 
Ice pipes or chillers.
[1961 Code, § 15.50; Ord. 836]
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 to which persons under the age of 18 not accompanied by a parent or legal guardian are excluded. Each entrance to such a room or enclosure shall be sign-posted in reasonably visible and legible words to the effect that drug paraphernalia are kept, displayed or offered in such room or enclosure and that minors, unless accompanied by parent or legal guardian, are excluded.
[1961 Code, § 15.51; Ord. 836]
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 18 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 by his or her legal guardian.
[1961 Code, § 15.52; Ord. 836]
No person under the age of 18 years shall enter, be in, remain in or visit any room or enclosure in any place of business in which drug paraphernalia are kept, displayed or offered in any manner, sold, furnished, transferred or given away unless accompanied by one of his or her parents or by his or her legal guardian.
[1961 Code, § 15.53; Ord. 836]
No person who maintains or operates any place of business in which drug paraphernalia is kept, displayed or offered in any manner shall sell, furnish, transfer or give any drug paraphernalia to any person under the age of 18 years.
[1961 Code, § 15.55; Ord. 836]
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) 
Prior convictions, if any, of any owner, or of anyone in 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 subchapter;
(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 it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of this subchapter. The innocence of an owner, or of anyone in control of the object, as to a direct violation of this subchapter shall not prevent a finding that the object is intended for use, or designed for use, as drug paraphernalia;
(G) 
Instructions, oral or written, provided with the object concerning its use;
(H) 
Descriptive materials, accompanying the object which explain or depict its use;
(I) 
National and local advertising concerning its use;
(J) 
The manner in which the object is displayed for sale;
(K) 
Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
(L) 
Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise;
(M) 
The existence and scope of legitimate uses for the object in the community;
(N) 
Expert testimony concerning its use.
[1961 Code, § 15.56; Ord. 836]
This subchapter shall not apply to any of the following:
(A) 
Any pharmacist or other authorized person who sells or furnishes drug paraphernalia described in § 130.054 upon the prescription of a physician, dentist, podiatrist or veterinarian;
(B) 
Any physician, dentist, podiatrist or veterinarian who furnishes or prescribes drug paraphernalia as described in § 130.054 to his or her patients;
(C) 
Any manufacturer, wholesaler or retailer licensed by the Board of Pharmacy to sell or transfer drug paraphernalia described in § 130.054.
[1961 Code, § 15.58; Ord. 836, § 1]
The distribution or possession for the purpose of sale, the exhibition, or the display of any drug paraphernalia as defined in § 130.054 in any place of business from which minors are not excluded as set forth in this subchapter is hereby declared to be a public nuisance, and may be abated pursuant to the provisions of Cal. Civ. Proc. § 731. This remedy is in addition to any other remedy provided by law, including but not limited to the misdemeanor penalty provisions applicable for violation of the terms and provisions of this subchapter.