Ordinance 951 . • ~
ORDINANCE N0. 951
, API ORDINANCE OF THE CITY OF CUPERTINO ADDING CHAPTER
10.70 TO TITLE 10 OF TI{E C~'PERTINO ML'TtICIPAL CODE
CONCER*IING EXHIBITION OF DRUG PARAPHERNALIA TO
~ MINORS, A:`ID FINDItiG A:TD DECLARING THE PUBLIC NUIS-
ANCE THEREOF
TfIE CITY COIINCIL OF THG CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
Section 1. Public Necessitv: There are presencly operated and maiatalned
within the city limits of the City of Cupertino, several places of buaineee
~ devoced in substantial part to the exhibition, display, and offering for sale
of various hand-crafted and manufactured implemencs eaclusively adapted for
use in conjuaction with or as a means of using narcotic or hallucinogenic
drugs. The production and marketing of theae implements or paraphernalia
has expanded from hand-made, simple tools circulated clandestinely among
a tiny subculture, to mass-produced, sophisticated devlces marketed by means
of brand names through "head" shoNs which openly asaociate their wares with
the consumption of drugs con[rolled and regulated by criminal provisions
of the California Health and Safety Code.
Some places of business within Cupertino City limits market such products
almost exclusively, others do so as a seemingly innocent sideline to the sale
oE record albums, clothes, coatume jewelry, and other products offered to a
primarily youthful clientele.
The City Council finds that the co~ercial display and e~chihition of
such paraphernalia contributes directly to experimentation with and pre-
sumably "fashionable" abuse of controlled and dangerous drugs among minors,
who are particularly susceptible to such influences. Zn making such a finding,
it is noted that 1n many other small suburban communities like Cupertino,
che proliferation of drug-related paraphernalia and the atmosphere of accept-
ability and safety regarding the use of dangerous dzugs among minors, has
been fostered in large part by the disingenuous coffiercialization of drug
oaraphernalia and its undisguised availability. The purpose of this ordinance
and fu~ure enforcement measures is to isolate, to a degree conaistent with
the legitimate aims of affected businesses, the exhibition of drug paraphernalia
irom a segment of the population which otherwise would be harmed by it.
Section 2. Amendment: Chapter 10.70 is hereby added to Title 10 of the
Cupertino *funicipal Code, to read as follows:
Chapter 10.70
Exhibition of Drug Paraphernalia to Minors: '
Public Nuieance
Sections: 10.70.010 Paraphernalia Exhibition Rooms.
10.70.020 Severability of Provisions.
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10 70 O10 Paravhernal.ia E:chibition Rooms. It is hereby faund and declared
to be a public nulsaace for any place of husiness to vhich the public is
' Lzviced, to exhibit, display or offer Eor sala any device, contrivanca, in-
strument or paraphernalia dasigned, modified or alcered for the purposes oi
, saoking, ingestiag or consumiag marijuaaa, hashish, PCP, or any coacrnlled
substance as defiaed in the California Health and Safety Code, Divisions
:0-10.9, as amended, other chan prescripcion drugs and devices to iagest or
±njecc prescription drugs, unless so exhibicad wichin a separate room or
room-like eaclosure irom vhic.h miaors noc accompanied by a parenc or legal
guardian are excluded. Said room shall be designed so that ics coateatg
arz not visible to persons outside it, and shall have posted at ever,~ aaczance
c::ereto a sign stat+rng ia reasonablq visible and lagible Worda that ainors.
un~ess accompanied by a pareat or legal guardian, shall noc be admictsd.
cor pun,oses of eafor:emeat of the ioregoing provisions, all adverti3emeats,
sta;eaents, conte.-ctual arraagemeats of inerchandise and ocher factors aanisesced
:he public shall be considered relevaac to a de~eraiaacioa of the character
a:d inteaded use oz che parapnernalia described ia this Chaptez. Ic :s
'ound and declared to be aa act in Lartherance oi che above-described public
zuisance ior any owner, maaager, proprietor or ot?ser ~erson ia char3_ ot
an~ ~lace of busiaess abcve-described, to iavice, alluw ar pecait any person
•inder the age of eighteea (18) yeazs, to enter, visit or r~sin in SLLC1 a
~eparace room as described above, or in any other place where the abova-des-
c:ibed paraphernalia are z.~:zibited unless 9IIC.1 ainor is accompanied by a?a:znt
legal guardian. The provisions of this Chapcer shall be enforceable ou:-
suanc co che provisians oi Sectioa 731, et seq. of the Code of Civil °rocedure.
i0.10.020 Severabilito a~ Provisians. I: any sentence, clause or ~hrase
oi ~his ordiaance is for any reason held to be uaconscitutional, such
~ecision shall not affecc c'~e validicq of the ocher remaining portions oi
c5is ordiaance. The Citp Council hereby declares that ic would have passe3
_nis ordinance and each section. sentence, clause or phrase thereof, ir:especcive
oi the fact chat any one or cwre sentences, clauses, or phrases be declared
snconstitucional.
I:7TRODUCED at a regula: aeeting oi the C1tp Council of the Ci~ ~z Caper-
:ino this 21st day ot ~,t~~y~_. 1979, and 'e:IaCTID at a regular aeeting oi
_he City Council oi the City oi Cupertino this ieh day oi ~gu,~,~,~r ~
:9~9, Sy the followiag vote:
.ace :tembers of tae Cirr Council
?~`i=5: Jackson, ~ogers, Spar'RS, 0'Reefe
`70 ES : :tone
i.3SLIT: ~leyers .
~S.:~IV: ,Ione
aPP OVED:
.~._:'=:S~: .
~.a or; ity or Cuperti
Pro Tee~pore
c'u.*`! , / ShG'~ t-t~-~
.l ` Lr'" ( t _
Ci.;~ Clerk
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