Ord 119ORDINANCE NO. 119
AN ORDINANCE OF THE CITY (IF POWAY, CAf,TFORNT_A
PERTAINING TO R~GUIATION C~ ITEMS DESIGNED
OR MARKETED FOR USE WITH If.T.WGAL DRUGS
AND RESCII~DING ORDINANCE NO. 66
WHEREAS, certain items designed or marketed for use with illegal drugs are
being displayed within the City of Poway, California; and
WHEREAS, it is recognized that such items may be legal retail items and that
as such, their sale or display cannot be banned; and
~{EREAS, there is also evidence that these items are designed or marketed
for use with illegal drugs and it is in the best interests of the health, safety
and welfare of the citizens of the City of Pow-ay to regulate within the City the
display of items designed or ~mrketed for use with illegal drugs.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN that the
City of Po~ay Regulatory Ordinances be amended as follows:
Section 1. Items Designed Or Marketed For Use With Illegal Drugs - Display.
ao
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License Required. It shall be unlawful for any person or persons as
principal, clerk, agent or servant to display any items, effect, para-
phernalia, accessory or thing which is designed or marketed for use
with illegal drugs, as defined by the laws of the State of California,
without obtaining a license therefor. Such licenses shall be in addi-
tion to any or all other licenses held by applicant.
Application. An application to display any item, effect, parapher-
nalia, accessory or thing which is designed or zmrketed for use with
illegal drugs shall, in addition to the requirements of this section,
be acc~%~anied by affidavits by applicant and each and every employee
or agent authorized to display such items that such person or persons
b~ve never been convicted of a drug-related offense.
Minors. It shall be unlawful to display, sell, or give items as
described in Subsection (A) in any form to any person under eighteen
years of age.
Records. Every licensee must keep a record of every item, effect,
paraphernalia accessory or thing which is designed or marketed for use
with illegal drugs which is displayed. This record shall be open to
the inspection of any police officer at any time during the hours of
business. Falsification of this record or any portion thereof, shall
be a violation of this ordinance.
Eo
Regulations. The applicant shall cc~-~ly with all applicable regula-
tions of the Police Department (San Diego County Sheriff) of the City
of Poway.
F. Fee. The fee for the license referred to in Subsection (A) shall be
$250 per year.
Ordinance No. 119
Page 2
Ge
Penalty. Any person violating any provision of this section shall be
guilty of a misdem~nor and shall be punished by a fine not less tb~n
fifty dollars ($50.00) nor more tb~n five hundred dollars ($500.00) or
imprisonment not exceeding six (6) months, or beth such fine and
imprisonment for each such offense. Each day of the continued viola-
tion shall be deemed a separate and distinct offense.
Public Nuisance. A violation of any provision of this ordinance is
declared to be a public nuisance subject to abatement pursuant to the
general laws of the State of California and the City of Pow-ay.
Preenlotion. No provision of this ordinance shall be deemed, whether
directly or indirectly, to authorize any act which is otherwise prohi-
bited by any law of the State of California or to require any act which
is otherwise prohibited by any law of the State of California. NO pro-
vision of this ordinance is intended to or shall be interpreted to,
either directly or indirectly, prohibit any act or acts which are pro-
hibited by any law of the State of California.
Severabilit¥. The City Council hereby declares that it would have
passed this ordinance, provision by provision, and does hereby declare
that the provisions of this are severable and if for any reason any
sentence, paragraph or section of this ordinance sbmll be held invalid,
such decision shall not affect the validity of the re~aining provisions
of this ordinance.
Section 2. That all ordinances, or parts of ordinances, in conflict herewith
are hereby repealed, in particular Ordinance NO. 66.
Section 3. This ordinance shall take effect and be in force thirty (30) days
after the date of its passage; and before the expiration of fifteen (15) days
after its passage, it shall be published once with the names and members voting
for and against the same in the Poway News Chieftain, a newspaper of general
circulation published in the City of P~ay.
Introduced and first read at a regular meeting of the City Council of the
City of Pow~y held the 3rd day of January, 1984, and thereafter PASSED AhD
ADOPTED at a regular ~m~cting of said City Council held the 10th day of January,
1984, by the following roll call vote:
AYES: CDUNCIIA~MR~.RS: ~94ERY, KRUSE, SHEPARDSON, TARZY, ORAVEC
Marjor~e K. ~ahlsten, City Clerk
Linda Oravec, Mayor