[HISTORY: Adopted by the City Council of the City of Roseville 9-12-2000
by Ord. No. 1142. Amendments noted where applicable.]
This chapter shall be known as the "Nitrous Oxide Use, Possession and
Sale Ordinance."
The City of Roseville finds that authoritative studies have linked the
recreational use of nitrous oxide to serious health problems in human beings,
and the sale, distribution and use and possession of nitrous oxide for recreational
purposes can be harmful to public health, safety and welfare. Prohibiting
the recreational use, sale and possession of nitrous oxide will reduce the
number of persons possessing, using and selling nitrous oxide for recreational
uses and will promote public health, safety and welfare.
As used in this chapter, the following terms are defined:
Any cartridge, compressed gas cylinder, apparatus, container, or
other object used to contain or dispense or administer nitrous oxide.
A colorless, nonflammable gas, N2O, sometimes
used in aerosols and sometimes used as an anaesthetic, which, when inhaled,
produces loss of sensibility to pain, oftentimes preceded by exhilaration
and laughter and used often as an anaesthetic in dentistry. Nitrous oxide
is oftentimes called, "laughing gas."
Any individual or other entity, howsoever organized or constituted.
Use for the purpose of causing a condition of loss of sensibility
to pain, or intoxication, or euphoria, or excitement, or exhilaration, or
sexual enhancement, or dulling of the senses or nervous system, or stupefaction
or any single or combination of such effects. Recreational use shall not include
use as exempted pursuant to this chapter.
A.
It shall be unlawful for any person in the City of Roseville
to attempt or to sell, offer or distribute or otherwise provide to any person
nitrous oxide for recreational purposes, a device to dispense or administer
nitrous oxide for recreational purposes or any device that contains a quantity
of nitrous oxide for recreational purposes.
B.
It shall be unlawful for any person in the City of Roseville
to use or possess nitrous oxide for recreational purposes, a device that contains
any quantity of nitrous oxide for recreational purposes or a device to dispense
or administer nitrous oxide for recreational purposes.
Prohibitions in this chapter shall not apply to the following:
A.
Persons licensed under the Food Processing Act of 1977, as amended; 1978 P.A. 328, as amended; MCL §§ 289.801 to 289.810; or Chapter 7 of the Food Law of 2000, 2000 P.A. 92; MCL §§ 289.7101 to 289.7137, who sell or otherwise distribute the device as a grocery product.
B.
Any person engaged in the business of selling or distributing
compressed gases for industrial or medical use, who sells or otherwise distributes
the device for such purpose and in the course of that purpose, without knowledge
or intent that the use or possession would be for recreational use.
C.
The health care professional who possesses or dispenses
nitrous oxide in the course of medical or dental treatment for necessary and
reasonable medical and dental treatment and not for recreational purposes.
D.
The pharmacist or pharmacist-intern or pharmacy as defined
in Section 17707 of the Public Health Code of 1978; P.A. 368, as amended;
MCL § 333.17707; who dispenses the device in the course of his or
her duties as a pharmacist or pharmacist-intern without the intent or knowledge
that such possession or use would be for recreational use.
Any violation of this chapter shall be a misdemeanor and, upon conviction
thereof, punishable by a sentence of not more than 93 days or by a fine of
not more than $500, or both.
In addition to other enforcement, an appearance ticket may be issued
pursuant to § 9A to 9G of Chapter 4 of the Code of Criminal Procedure,
1927 P.A. 175, as amended; MCL §§ 764.9A to 764.9G.
Any ordinance in conflict or inconsistent with the terms of this chapter
is repealed only to the extent as to give full effect to this chapter.
If any word, sentence, phrase or clause of this chapter is deemed to
be invalid pursuant to a court of competent jurisdiction, the balance of this
chapter shall remain in full force and effect, this chapter being deemed as
severable.
This chapter is deemed to be an emergency ordinance and shall become
effective immediately upon adoption and publication.
