HomeMy WebLinkAbout1220 - Restricting Retail Sales of Nitrous Oxide ORDINANCE NO. 1220
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING ARTICLE 7.1 TO
DIVISION 2, CHAPTER 2 OF THE CITY CODE TO RESTRICT RETAIL SALES OF NITROUS OXIDE.
The City Council of the City of Ukiah hereby ordains as follows:
SECTION ONE. FINDINGS
1. The misuse of nitrous oxide causes death and disease and continues to be an urgent public health
challenge.
2. Medical authorities have linked the recreational use of nitrous oxide to serious health problems,
which can cause physical illness, mental illness, injury, and/or even death.
3. Restricting the sales and distribution of nitrous oxide in the City of Ukiah will reduce the number of
persons in possession and who use nitrous oxide as an intoxicating drug and will promote public
health, safety and welfare.
4. The recreational use of nitrous oxide continues to gain popularity at an alarming rate, especially
among college aged, high school aged, and middle school aged children.
5. Nitrous oxide has legitimate purposes, including its use for medical and dental procedures, in
cooking and cake decorating, and is commonly known to boost performance in automobiles.
However, nitrous oxide has found its way to illegitimate purposes as an intoxicating drug.
6. The City of Ukiah exercises its local police powers to protect the health, safety, and welfare of all
its citizens and takes nitrous oxide abuse seriously.
SECTION TWO.
Article 7.1 is hereby added to Division 2, Chapter 2, Article 11 of the Ukiah City Code and shall read
as follows:
ARTICLE 7.1. NITROUS OXIDE
§2370 DEFINITIONS
The following words and phrases, whenever used in this article, shall have the meanings provided in
this section unless the context clearly requires otherwise:
DEVICE: Any cartridge, compressed gas cylinder, apparatus, container, or other object used to
contain or dispense or administer nitrous oxide.
NITROUS OXIDE: A 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 known
as "laughing gas."
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PERSON: Any individual or entity howsoever organized or constituted.
TOBACCO RETAILER: Any person who sells, offers for sale, or does or offers to exchange for any
form of consideration, tobacco or tobacco products. "Tobacco retailing" shall mean the doing of any of
these things. This definition is without regard to the quantity of tobacco or tobacco products sold,
offered for sale, exchanged, or offered for exchange.
12371 SALE OR DISTRIBUTION OF NITROUS OXIDE ..........__
It shall be unlawful for any tobacco retailer in the City to attempt to sell, offer, distribute, or otherwise
provide to any person Nitrous Oxide or a Device.
§2372„EXCEPTIONS
Prohibitions in this chapter shall not apply to any person or retailer that possesses or distributes
Nitrous Oxide under an express exemption pursuant to Penal Code § 381 b-e.
§2373„ENFORCEMENT
Any violation of this Article may be subject to a civil penalty of one thousand dollars. Notice of the
violation and fine will be given in accordance with Section 2358.A of this Code. Any person wishing to
appeal the imposition of the civil penalty may file a request for a hearing pursuant to Section 2360 of
this Code. If no request for a hearing is timely received, the determination of the City Manager or the
duly authorized designee of the City Manager on the violation and the imposition of a fine shall be final
and payment shall be made within thirty (30) days after notice of the fine was served.
In addition to any other penalty authorized by law, a tobacco retailer's license issued pursuant to
Article 7 of this Chapter may be suspended or revoked if the City Manager or the duly authorized
designee of the City Manager determines that the person or his or her agents or employees have
violated this Article. In the event that a tobacco retailer's license is suspended or revoked for violation
of this Article, the requirements of Section 2358.A and Section 2360 of this Code shall apply.
SECTION THREE.
1. Publication: Within fifteen (15) days after its adoption, this Ordinance shall be published once in a
newspaper of general circulation in the City of Ukiah. In lieu of publishing the full text of the
Ordinance, the City may publish a summary of the Ordinance once 5 days prior to its adoption and
again within fifteen (15)days after its adoption.
2. Effective Date: The ordinance shall become effective thirty (30) days after its adoption.
Introduced by title only on February 2, 2022, by the following roll call vote:
AYES: Councilmembers Orozco, Crane, Rodin, Duenas, and Mayor Brown
NOES: None
ABSENT: None
ABSTAIN: None
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Adopted on February 16, 2022, by the following roll call vote:
AYES: Councilmembers Orozco, Crane, Rodin, Duehas, and Mayor Brown
NOES: None
ABSENT: None
ABSTAIN: None
Jim Brown, Mayor
EST:
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Kristine Lawler, City Clerk
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