This chapter is enacted pursuant to the city's plenary police powers to protect the public safety, health and welfare. The express purpose of this article is to protect the public health and safety by eliminating retail access for recreational use of nitrous oxide, a dangerous gas that is illicitly used as an intoxicant.
(Ord. 1762, 12/12/2025)
For purposes of this chapter, the following definitions apply.
"Nitrous oxide"
means the colorless nonflammable gas sometimes identified as N2O, dinitrogen monoxide, dinitrogen oxide, or nitrogen oxide, or sometimes informally as laughing gas, NOX, or galaxy gas, amongst others. For purposes of this chapter, nitrous oxide includes any substance containing nitrous oxide.
"Nitrous oxide device"
means any cartridge, compressed gas cylinder, apparatus, container, balloon, attachment, nozzle, or any other object used to contain, dispense, inhale, ingest, or administer nitrous oxide. A nitrous oxide device may at times be informally or colloquially referred to as a whippet, nang, nos canister, cannies, dusters, laughing gas canister, amongst others.
"Person"
means any individual, business, or legal entity however constituted or organized.
"Wholesale capacity"
means sale of or distribution of nitrous oxide or a nitrous oxide device to a person that will use it in service or products for resale. Examples include, but are not limited to, commercial sale of dentistry supplies to dentists or dentistry offices, commercial sale of nitrous oxide or nitrous oxide devices for use in food production or commercial kitchens (e.g., whipped cream canisters).
(Ord. 1762, 12/12/2025)
This chapter does not apply to the sale, attempt to sell, offering for sale, distribution, or other manner of providing nitrous oxide or a nitrous oxide device in the following circumstances:
A. 
If the nitrous oxide is contained in a food product for use as a propellant.
B. 
If the nitrous oxide or nitrous oxide device is being sold, attempted to be sold, offered for sale, or distributed to a person in a wholesale capacity for uses similar to those described in Section 8.24.020. This exemption only applies if the wholesaler does not know or have reason to know that person intends to use the nitrous oxide or nitrous oxide device in violation of Section 8.54.030.
C. 
If the nitrous oxide or nitrous oxide device that is being sold, attempted to be sold, offered for sale, or distributed is specifically designed for use in a vehicle to enhance the performance of the vehicle.
D. 
If the nitrous oxide is being sold, attempted to be sold, offer for sale, or distributed specifically for the purpose of providing medical or dental care, by or at the direction and under the supervision of, a medical or dental practitioner licensed by the state of California and in accordance with all applicable rules and regulations.
E. 
If the nitrous oxide or nitrous oxide device is being sold, attempted to be sold, offered for sale, distributed, or dispensed by a pharmacist, pharmacist intern, or pharmacy in the course of their duties as a pharmacist or pharmacist intern, or wholesalers licensed by the California State Board of Pharmacy. The terms pharmacist, pharmacist intern, and pharmacy shall have meaning set forth in California Business and Professions Code Sections 4030, 4036, and 4037, as the same may be amended from time to time.
F. 
Or any other circumstances exempted under law.
(Ord. 1762, 12/12/2025)
Any person who violates this chapter is guilty of a misdemeanor offense and upon conviction thereof may be fined up to $1,000 and sentenced up to six months in the County Jail. Additionally, any person who violates this chapter is subject to administrative citation in accordance with Chapter 1.04 of this Municipal Code. This section shall be in addition to any other legal remedies or actions that the city may have to address violations of this chapter.
(Ord. 1762, 12/12/2025)