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HomeMy Public PortalAboutOrdinance 79-485ORDINANCE NO. 79 -485 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING THE MUNICIPAL CODE TO RE- QUIRE BUSINESS PROPRIETORS TO EXCLUDE MINORS FROM ANY ROOM OR PLACE WHERE DEVICES, CONTRIVANCES, INSTRUMENTS OR PARAPHERNALIA FOR THE SMOKING OR INJECTION OF MARIJUANA, HASHISH, PCP, OR ANY CON- TROLLED SUBSTANCE IS DISPLAYED OR OFFERED FOR SALE, AND PROHIBITING THE GIFT, SALE OR DELIVERY OF SUCH DEVICES TO MINORS THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 1 of Article IV of the Temple City Municipal Code, pertaining to unlawful conduct, is hereby amended as provided in this ordinance. SECTION 2. Chapter 1 of Article IV of the Temple City Municipal Code pertaining to Unlawful Activities is hereby amended by adding thereto the following: 4159. SALE AND DISPLAY OF NARCOTIC AND OTHER PARAPHERNALIA. "A. Minors. No owner, manager, proprietor of other person in charge of any room in-any place of business selling, or . displaying for the purpose of sale, any device, contrivance, instrument or paraphernalia for smoking or injecting, or con- suming marijuana, hashish, PCP, or any controlled substance, as defined in the Health and Safety Code of the State of California, other than prescription drugs and devices to ingest or inject prescription drugs, as well as roach clips, and cigarette papers and rollers designed for the smoking of the foregoing, shall allow or permit any person under the age of eighteen (18) years to be, remain in, enter or visit such room unless such minor person is accompanied by one of his or her parents, or by his or her legal guardian. Bo Minors - Excluded A person under the age of eighteen (18) years shall not be, remain in, enter or visit any room in any place used for the sale, or displaying for sale, devices, contrivances, instruments or paraphernalia for smoking or injecting marijuana, hashish, PCP, or any controlled substance, other than prescription drugs and devices to ingest or inject prescription drugs, including roach clips, and cigarette papers and rollers designed and used for smoking the foregoing, unless such person is accompanied by one of his or her parents, or his or her legal guardian. C. Sale and Display Rooms. A person shall not maintain in any place of business to which the public is invited the display for sale, or the offering to sell, of devices, con- trivances, instruments or paraphernalia for smoking or in- jecting marijuana, hashish, PCP, or any controlled substance, other than prescription drugs and devices to ingest or inject prescription drugs, including roach clips, and cigarette papers and roller designed and used for smoking the foregoing, unless within a separate room or enclosure to which minors not accompanied by a parent or legal guardian are excluded. Each entrance to such a room shall be sign posted in reasonably visible and legible words to the effect that narcotic para- phernalia are being offered for sale in such a room, and minors unless accompanied by a parent or legal guardian are excluded. D, Same; Nuisance. The distribution or possession for the purpose o sa e, exhibition, or display in any place of business from which minors are not excluded as set forth in Ordinance No. 79 -485 - Page 2 this section, and where devices, contrivances, instruments or paraphernalia for smoking or injecting marijuana, hashish, PCP, or any controlled substance, other than prescription drugs or devices to ingest or inject prescription drugs, including roach clips, and cigarette papers and rollers de- signed and used for smoking the foregoing, is hereby declared to be a public nuisance, and may be abated pursuant to the provisions of Section 731 of the Code of Civil Procedure of the State of California. This remedy is in addition to any other remedy provided by law, including the penalty provisions applicable for violation of the terms and provisions of this Code." SECTION 3. The City Council hereby declares that it would have passed this ordinance sentence by sentence, paragraph by paragraph, and section by section, and does hereby declare that the provisions of this ordinance are severable and, if for any reason any sentence, paragraph, or section of this ordinance shall be held invalid, such decision shall not affect the validity of the remaining parts of this ordinance. SECTION 4. The City Clerk shall certify to the adoption of this ordinance, and to its approval by the Mayor and shall cause the same .to :be published in the Temple City Times, a newspaper of general circulation, printed, published and circulated in the City of Temple City. APPROVED and ADOPTED this 16th day of October, 1979. ATTEST: leukzryttu, lam. Ch�e Deputy City C1er I, Chief Deputy City Clerk, do hereby certify that the foregoing Ordinance, being Ordinance No. 79 -485, was introduced at a regular meeting of the City Council of the City of Temple City, held on the 2nd day of October, 1979, and was duly passed, approved and adopted by said City Council, approved and signed by the Mayor and attested by the City Clerk by the following vote of the Council: AYES: Councilmen- Atkins, Gillanders, Merritt, Tyrell, Dennis NOES: Councilmen -None ABSENT: Councilmen -None YL6f„z,. Chief Deputy City Clerk 1 1 1