NS-3079 - ADDING ARTICLE XIV TO CHAPTER 10 OF THE

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WHEREAS, the City Council desires that the City initiate a public health campaign to raise community awareness regarding the health dangers of Nitrous Oxide abuse, its appearance and common delivery methods for identification purposes, and to educate the public of the prohibitions, requirements, and penalties set forth in this ordinance. WHEREAS, the City Council desires that the City collect and record all citation and arrest data pursuant to this article in an effort to monitor disparities, if any, in the enforcement of this ordinance. THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: Section 1. New Article XIV is hereby added to Chapter 10 of the Santa Ana Municipal Code (CRIMES AND MISCELLANEOUS LAW ENFORCEMENT PROVISIONS) to read in full as follows: ARTICLE XIV. - PROHIBITION ON SALE OR DISTRIBUTION OF NITROUS OXIDE Sec. 10-900. - Authority and Purpose. This article is enacted pursuant to the City's plenary police powers to protect the public safety, health and welfare. The express purpose of this article is to protect the public health and safety by eliminating retail access for recreational use of nitrous oxide, which is a dangerous gas that may be illicitly used as an intoxicant. Sec. 10-901 - Definitions. For purposes of this article, the following definitions apply. (a) "Device" means any cartridge, compressed gas cylinder, apparatus, container, balloon, attachment, nozzle, or other object used to contain, dispense or administer nitrous oxide. (b) "Nitrous oxide" means the colorless nonflammable gas sometimes identified as N20, which is sometimes used in aerosols and sometimes used as an anesthetic, and which, when inhaled, produces loss of sensibility to pain, often preceded by exhilaration and laughter and often used as an anesthetic in dentistry. Nitrous oxide is often informally or colloquially referred to as"laughing gas,""NOX," "galaxy gas," "whippits," amongst others. (c) "Person" means any individual or legal entity however constituted or organized. (d) "Wholesale capacity" means sale of or distribution of nitrous oxide or a device to dispense nitrous oxide to a person that will use nitrous oxide or the device in service or products for resale. Examples include, but are not limited to, commercial sale of dentistry supplies to dentists or dentistry offices, commercial sale of devices Ordinance No. NS-3079 Page 2 of 5