HomeMy WebLinkAbout38.99 'ORDINANCE NO. '38.99
AN ORDINANCE OF THE CITY OF SARATOGA A~,tNDING CHAPTER'10
OF THE SARATOGA CITY CODE, ~ICH CHAPTER IS CAPTIONED
"OFFENSES - MISdELLANEOUS" BY ADDING PAP~GHAPHS RELATING
TO EXHIBITION OF DRUG PARAPHERNALIA TO MINORS, AND
FINDING AND DECLARING THE PUBLIC NUISANCE
The City Council. of the City of.~aratoga does hereby ordain
a~ follows~: . .-. "- "
SECTION 1: The City of Saratoga 'like other cities in
Santa Clara County might be faced ~i~h__p]aces
f
o business operaked' and' maint~i~d~.yitl{f~?the'citX limits of t~e
City of Sa~f~ga, de~oted in su~s~an~'~'[~6'~[h~='~x~'i~{~'ion, -
display, and offering ~or..sale.~f.various hand-crafted and manu-
factured implements exclusively adapted ~or use in conjunction
with or as a means of using narcotic or hallucinogenic drugs.
The production and markelting of the~e implements of paraphernalia
has expanded from hand-made, simple tools ciTculated clahdestinely
amonga tiny su5culture, to mass-produ ced, sophisticated devices
marketed by means of brand names through."head" shops which openly
associate their wares with'the consumption of drugs controlled and
regulated by criminal provisions of the California Health and
Safe~y Code.
Some places of business market such produhts almost exclusively,
others do so as a'seemingly innocent sideline to the sale of record
albums, clothes, costume jeWelrX, and other products offered to a
primarily youthful clientele.
The City Council finds that the commercial display and exhibi[ion of
such paraphernalia contributes directly to experimentation with and
presumably "fashionable" abuse of controlled and dangerous drugs
among minors, who are'particularly susceptible to such influences
In making such a finding, it is noted that in'many other small
suburban communities' like Sa.ratoga, the proliferation-of drug-related
paraphernalia and the atmosphere of acceptability, and safety regarding
the use of'dangerous drugs among minors, has been fostered in large
part by the disingenuous commercialiZation of drug paraphernalia
and its undisguised availability~ The purpose of this ordinance and
future'enforcement measure~ is ~o isolate, to a degree consistent
.with. the legitimate'aims of affected buSinesses,.the exhibition of
drug paraphernalia from a segment of the ~opulati.on which otherwise
would be harmed by it.
SECTION 2: Section 10-22 is hereby added to Chanter 10 of qthe Saratoga City Code to read as follows:
.SECTION 10-22 ~ Para~hernalil~'EXh'ibition Ro~ms. It is
place of business to which the public is invited, to
exhibit, ~isplay or offer'for sale any device, contrivance,
instrument or Raraphernalia designed, modified or altered
for the purposes of smoking, ingesting or consLiming -'
maraj'uana, hashish, PCP, or any controlled substance as
defined in the California Health and Safety Code, Divisions
10-10.9, as amended, other 'than pre'scription drugs and
devices to inges't or.iDject.prescription. drug~, unless
so exhibi.ted within a s'eparate room.or room-like
enclosure from which minors not accompanied by a parent
or legal guardian are excluded. Said room shall be
designed.so that its: contents are not~visible' to persons
butside it, and shall have posted at every entrance
thereto a sign stating in-reasonably visible and legible
words that m~nors, unless accompanied by a parent or
legal guardian, shall not be admitted. For purposes'of
enforcement of the foregoing.provisions, all advertise-
ments, statements, contextual arrangements of merchandise
and other factors manifested to the pdb'lic shall be
considered relevant to a determination of the character
and intended use of the paraphernalia described in this
Chapter. It is found and declared to be an act in
furtherance 6f the above-described publfc nuisance for
any owner, manager, proprietor or other persQn in charge
of any place of business above-described, to invite, allow
or permit any person under the age of eighteen (18) years,
to enter, visit or remain in such a separate room as
described.above, or in any other place where the above-
described paraphernalia are exhibited unless such minor is
accompanied by a parent or legal guardian. The provisions
Of this Chapter shall be enforceable pursuant to the
p~ovisions of'Section 731, et seq. of the Code of Civ{1
Procedure:
SECTION 3: .If any section, sub-sectioh, sentence, clause or
phrase of this ordinance is for any reason held by
a court of competent'jurisdic.tion to be'invalid, such decision shall
not affect the.validityof the remaihing'portions of this ordinance.
The'City Council of the City of saratoga hereby declares that it
would have passed this ordinanc~ and.each section, sub-section,
sentence, clause and phras~ thereof, irrespective of the fact that
any one or morE'sectionS, sub-Sections, sentences, clauses
phrases be held invalid or unconstitutional.
SECTION 4.: This ordinance shall take effect and be in full
force and effect 'thirty (30) days ..after date of
its passage and adoption~
The abo~e and foregoing ordinance was .regularly introduced and
after the' waiting time required by law, was thereafter passed ands-
adopted this 19th -day. of D~cember , r979, by t~e
fol.lowing vote:" .
AYES: Councilmen Kraus Corr, Callon and ~Matteoni
NOES: ! None
' ~ ' copy c40rdjr~ance ~ which ha~ b~
~ ~ publisi~e~ accdrding tO law.
, .
/ Deputy City C erk ' Dire