The following words and phrases as used in this section are defined as follows:
A. 
Device.
"Device" means any cartridge, compressed gas cylinder, apparatus, container, or other object used to contain, dispense or administer nitrous oxide.
B. 
Nitrous Oxide.
"Nitrous oxide" means the colorless nonflammable gas (N20) sometimes used in aerosols and sometimes used as an anesthetic, which, when inhaled, produces loss of sensibility to pain, oftentimes preceded by exhilaration and laughter and used often as an anesthetic in dentistry. Nitrous oxide is also called "laughing gas."
C. 
Person.
"Person" refers to any individual or other entity howsoever organized or constituted.
(Ord. 2025-778 § 2)
It is unlawful for any person not excepted hereafter to sell or attempt to sell, offer, distribute, or otherwise provide to any person nitrous oxide, a device to dispense or administer nitrous oxide, or any device that contains a quantity of nitrous oxide.
(Ord. 2025-778 § 2)
This chapter does not apply to the sale, offer, distribution, or other manner of providing nitrous oxide, or a device that contains a quantity of nitrous oxide, in the following circumstances:
A. 
This chapter does not apply to the sale of nitrous oxide contained in food products for use as a propellant.
B. 
If the nitrous oxide is being administered 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.
C. 
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.
D. 
This chapter shall not apply to the sale or distribution of nitrous oxide by a wholesaler licensed by the Board of Pharmacy or manufacturer classified under Code Number 325120 or 424690 of the North American Industry Classification System (NAICS).
E. 
This chapter does not apply to the sale or distribution of nitrous oxide by a wholesale distributor of food supplies directly to the location of a food preparation facility located in the city of Fortuna, provided the transaction is documented by an invoice stating the date, time, quantity, and type of nitrous oxide product delivered and certified by the food preparation facility individual in charge on site that the product has been received by that facility solely for the purposes of food preparation. Each invoice must be retained by the food preparation facility and the wholesale distributor and is subject to inspection by the city for a period of three years from the date of transaction.
(Ord. 2025-778 § 2)
Any person violating this chapter is guilty of a misdemeanor and, upon conviction thereof, may be punished by a term in the county jail of up to six months or by a fine of $1,000, or both.
The city council further declares that any condition caused or permitted to exist in violation of any of the provisions of this chapter constitutes a public nuisance in accordance with FMC § 8.16.060 et seq. The city may require abatement of such nuisance and recover costs of abatement as provided by law.
The city may also impose administrative citations for violations of this chapter in accordance with the city's administrative citations code, Chapter 1.09 FMC.
(Ord. 2025-778 § 2)