HomeMy WebLinkAbout1984-05-15; City Council; 7066-2; Drug Paraphernalia Stores.
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CIT~ OF CARLSBAD -AG END>-.. BILL
AB# 'Zf&t-#~ TITLE:
MTG. 5/15/84
DEPT. CA ----
REPEAL OF CHAPTER 5.18 -
DRUG PARAPHERNALIA STORES -
TO BE CONSISTENT WITH STATE LAW
DEPT. HD. __.
CITY ATTY V J-8
CITY MGR.~
RECOMMENDED ACTION:
Introduce Ordinance No. 62?~ repealing chapter 5.18 of the
Carlsbad Municipal Code.
ITEM EXPLANATION
Chapter 5.18 of the Carlsbad Municipal Code was added in 1982
to regulate the sale and display of drug paraphernalia in
Carlsbad. At the time sale of drug paraphernalia was legal in
the state and the City was authorized to regulate sale at the
1·ocal level. (Health and Safety Code §11364.5)
Later the state added section 11014.5 and 11364.7 to the
Heal th and Safety Code. These sections made it illegal to
sell, market or possess with the int:nt to sell or market any
drug paraphernalia anywhere in the state. Because these
sections impose a total ban on drug paraphernalia as a matter
of state law, any local ordinance which regulates sale is
probably preempted •
Although no court of appeal has yet ruled on the pi.eemption
issue Judge Dennis Adams of the San Diego Superior Court found
that the Imperia1 Beach Ordinance was preempted. The city was
required to pay attorneys fees of $2,500 to the plaintiff •
(Trippell v. City of Imperial Beach, et. al., (1984) San Diego
Superior Court No. 494116.)
To avoid a similar problem in Carlsbad it is recommended that
Council repeal Chapter 5.18. The Chief of Police concurs in
this recommendation.
Repeal will not hamper law enforcement because the police can
enforce the state imposed total ban.
FISCAL IMPACT
None
EXHIBITS
Ordinance No.
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ORDINANCE NO. 6075
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, ~ALIFORNIA AMENDING TITLE 5 OF THE
CARLSBAD MUNICIPAL CODE BY REPEALING CHAPTER 5.18
REGULATING DRUG PARAPHERNALIA.
WHEREAS, Health and Safety Code Section 11364.5 imposes
a total ban on the sale, marketing or possession for sale or
marketing drug paraphernalia1 and
WHEREAS, the provisions of state law make the provisions
of Chapter 5.18 unnecessary at thit time,
NOW, THEREFORE, the City Council of the City of
Carlsbad, California does ordain as follows:
SECTION 1: That title 5 of the Carlsbad Municipal Code
is amended by repealing Chapter 5.18.
EFFECTIVE DATE: This ordinance shall be effective .
thirty days after its adoption, and the City Clerk shall certify
to the adoption of this ordinance and cause it to be published
at least once in the Carlsbad Journal within fifteen days after
its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the 15th day of May , ---=-----
1984, and thereafter
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PASSED AND ADOPTED at a regular meeting of said City
Council held on the 5th day of Jur.e , 1984 by the -------
following vote, to wit:
ATTEST:
AY-ES; Council M3nbers Casler, Lewis, Kulchin, Chick and Prescott
NOES:
ABSENT:
10 ~ .;,, {2a.:;±;:;_f<Ae---,
ALETHA L. RAUTENKRANZ, City Clerk
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