Except where the context otherwise requires, the following definitions shall govern the construction of this Chapter:
(a) 
"Business"
means a fixed location, whether indoors or outdoors, at which merchandise is offered for sale at retail.
(b) 
"Display"
means to show to a patron or place in a manner so as to be available for viewing or inspection by a patron.
(c) 
"Patron"
means a person who enters a business for the purpose of purchasing or viewing as a shopper merchandise offered for sale at the business.
(d) 
"Distribute"
means to transfer ownership or possessory interest to another, whether for consideration or as a gratuity, and includes both sales and gifts.
(e) 
"Controlled substance"
means those controlled substances set forth in Health and Safety Code sections 11054, 11055, 11056, 11057 and 11058, identified as Schedules I through V inclusive, as these sections now exist or may hereafter be amended.
(f) 
"Drug paraphernalia"
means all equipment, products, and materials of any kind which are intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, 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, and includes, but is not limited to, all of the following:
(1) 
Kits intended 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 intended for use in manufacturing, compounding, converting, producing or preparing controlled substances.
(3) 
Isomerization devices intended for use in increasing the potency of any species of plant which is a controlled substance.
(4) 
Testing equipment intended for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances.
(5) 
Scales and balances intended for use in weighing or measuring controlled substances.
(6) 
Dilutants and adulterants, such as quinine, hydrochloride, mannitol, mannite, dextrose, and lactose, intended for use in cutting controlled substances.
(7) 
Separation gins and sifters intended for use in removing twigs and seeds from or in other-wise cleaning or refining marijuana.
(8) 
Blenders, bowls, containers, spoons, and mixing devices intended for use in compounding controlled substances.
(9) 
Capsules, balloons, envelopes, and other containers intended for use in packaging small quantities of controlled substances.
(10) 
Containers and other objects intended for use in storing or concealing controlled substances.
(11) 
Objects intended 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 pipes, tubes and devices.
(D) 
Smoking and carburetion masks.
(E) 
Roach clips, meaning objects used to hold burning controlled substances, such as marijuana, encased in a cigarette that has become too small or short to be held with the fingers.
(F) 
Miniature cocaine spoons and cocaine vials.
(G) 
Chamber pipes.
(H) 
Air driven pipes.
(I) 
Electric pipes.
(J) 
Bongs.
(K) 
Chillums.
(L) 
Ice pipes or chillers.
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:
(1)
Statements by an owner or by anyone in control of the object concerning its use.
(2)
The proximity of the object to controlled substances.
(3)
The existence of any residue of controlled substances on the object.
(4)
Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver the object to persons whom the owner knows intend to use the object to facilitate a violation of the laws of the State of California relating to controlled substances.
(5)
Instructions, oral or written, provided with the object concerning its use.
(6)
Descriptive materials accompanying the object which explain or depict its use.
(7)
National and local advertising concerning use of the object.
(8)
The manner in which the object is displayed for sale.
(9)
Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise.
(10)
The existence and scope of legitimate uses for the object in the community.
(11)
Expert testimony concerning its use.
(g) 
"Person"
means a natural person or any firm, partnership, association, corporation, or cooperative association.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)
Except as otherwise authorized by law:
(a) 
It shall be unlawful for any person to willfully maintain or operate any business in the unincorporated area of the County knowing, or under circumstances where a reasonable person would know, that drug paraphernalia is displayed at such business to or in the presence of any person.
(b) 
It shall be unlawful for any person who is the owner of a business, an employee thereof, or who works at such business as an agent of the owner to willfully display drug paraphernalia at such a business within the unincorporated area of the County, to or in the presence of any person.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)
Except as otherwise authorized by law:
(a) 
It shall be unlawful for any person to willfully distribute within the unincorporated area of the County to any person any drug paraphernalia knowing, or under circumstances where a reasonable person would 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.
(b) 
It shall be unlawful for any person to buy, receive, or accept within the unincorporated area of the County any drug paraphernalia with the intent 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.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)
This chapter shall not apply to any of the following:
(a) 
Any pharmacist or otherwise 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 patients for use with those controlled substances which he or she is authorized by the law of the State of California to furnish or prescribe to his or her patients.
(c) 
Any manufacturer, wholesaler or retailer licensed by the California State Board of Pharmacy to sell or transfer drug paraphernalia.
(Added by Ord. No. 3390, effective 8-20-09)
Any person who violates the provisions of subdivision (a) or (b) of section 6-13-1010, or section 6-13-1020 of this Chapter, shall be guilty of a misdemeanor and shall be punishable as provided in section 125 of this Ordinance Code. A person who violates the provisions of section 6-13-1010 shall be deemed to be guilty of a separate offense for each day, or portion thereof, during which the violation continues. A person who violates the provisions of section 6-13-1020 of this Chapter shall be guilty of a separate offense for each item of drug paraphernalia which is distributed, purchased, received or accepted in violation of said section.
(Added by Ord. No. 3390, effective 8-20-09)
Any business located within the unincorporated area of the County in which three or more violations of subdivisions (a) or (b) of section 6-13-1010 of this Chapter or subdivision (a) of section 6-13-1020 of this Chapter or any combination thereof occur within any period of three months or less, is hereby declared to be a public nuisance, and may be abated pursuant to the provisions of Code of Civil Procedure section 731. This remedy is in addition to any other remedy provided by law, including the penalty provisions of section 6-13-1040 of this Chapter.
(Added by Ord. No. 3390, effective 8-20-09; amended by Ord. No. 3490, effective 2-25-16)
If any provision of this Chapter or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this Chapter which can be given effect without the invalid provision or application, and to this end the provisions of this Chapter are severable.
(Added by Ord. No. 3390, effective 8-20-09)