Ord 1448 - DECLARING COMMERCIAL DISPLAY TO MINORS OR SALES TO MINORS OF EQUIPMENT FOR ILLEGAL USE OF DRUGS TO BE A NUISANCEORDINANCE NO. 1448
ORDINANCE OF THE TOWN OF LOS GATOS
DECLARING COMMERCIAL DISPLAY TO MINORS
OR SALES TO MINORS OF EQUIPMENT FOR
ILLEGAL USE OF DRUGS TO BE A NUISANCE
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN
AS FOLLOWS:
SECTION 1.
The Town Council finds:
There are retail stores in the Town where equipment for
the unlawful use of drugs offered for sale, either as a sideline
or as the main item of trade. Some of the equipment offered,
such as cigarette papers and small containers, may be useful for
either licit or illicit purposes. Some, such as mir�ature pipes
and water pipes, are more likely than not intended for illicit
use. Some, such as silver straws and miniature spoons, have no
practical use except as devices for the unlawful administration
of drugs. Although the degree of intrinsic ambiguity of the
equipment varies, it often is displayed in a manner obviously
indicating the drug - related purpose for which it is intended to
be used. (In these findings, stores that have such displays are
called head shops.)
The majority of the customers of head shops are young persons
and many are minors. Commercial sales of equipment for illegal
administration of drugs lends an air of legitimacy to drug
trafficking, and encourages drug use and the establishment of a
drug culture. Minors are particularly susceptible to the
suggestion that use of illegal drugs is not harmful.
SECTION 2.
Chapter 22 is added to the Code of the Town of Los Gatos,
to read:
ITEM X.D. 11_2 -79
PWH /j
Chapter 22
NUISANCES
Section 22.001 Definition of Head Shop
A head shop is a building or place where merchandise is
displayed for the purpose of sale or for the purpose of promoting
sales, where:
(1) the nature of the merchandise, or
(2) the nature of some of the merchandise
in the context in which it is displayed
would indicate to a, reasonable, well- informed person that some of
the merchandise is equipment intended to be used for unlawful
administration of drugs.
Section 22.002 Head Shops as Nuisance
Any head shop where:
(1) minors are allowed to enter, or
(2) equipment which may be used for the
unlawful administration of drugs is
(a) displayed to minors who are
either on the premises,. -or
(b) (as may happen with displays
in shop windows) displayed to
minors who are off the premises
under circumstances reasonably indicating
that the equipment is intended to be used
for unlawful administration of drugs, or
(3) equipment which ma,y be used for unlawful
administration of drugs is sold or given to
minors,
is a nuisance which shall be enjoined abated and prevented,
whether it is a public or private nuisance.
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Section 22.003 Abatement of Head Shop Nuisances
Whenever there is reason to believe that a, nuisance as
defined in sections 22.001 and 22.002 is kept, maintained or
exists in the Town, the Town Attorney, in the name of the
People of the State of California must, or any citizen of the
State residing in the Town, in his own name may, maintain an
action in equity to abate and prevent the nuisance and to enjoin
perpetually the person or persons conducting or maintaining it,
and the owner, lessee or agent of the building or place in or
upon which the nuisance exists, from directly or indirectly
maintaining or permitting it.
Section 22.004 Judgments
If the existence of a nuisance is established in an action
as provided by section 22.003, an order of abatement shall be
entered as part of the judgment in the case. If it is shown
that the owner of the premises or his agent had knowledge of
the character of the business which gave rise to the cause of
action and did not take all reasonable measures to terminate the
nuisance, the plaintiff's costs, expenses of litigation and
attorney's fees in the action are a lien on the building and
place, enforceable and collectible by execution issued by order
of the court.
SECTION 3®
The Town Council intends in ordaining these sections 22.001
through 22.004 that if any sections, section, part or provision
of any section is judicially determined invalid, the, Council never-
theless would have ordained the remaining portions, intending
them to be effective and enforced.
SECTION 4.
This ordinance takes effect 30 days after the date it is
adopted. Within 15 days after this ordinance is adopted the Town
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Clerk shall cause it to be published once in a newspaper of
general circulation published and circulated in the Town.
This ordinance was introduced at a regular meeting of the
Town Council of the Town of Los Gatos on November 5 , 19 79
and adopted by the following vote as an ordinance of the Town of
Los Gatos at a, regular meeting of the Town Council on November 19
19 .
AYES: COUNCILMEMBERS Ruth Cannon, Thomas J. Ferrito,
Mardi Gualtieri, Peter W. Siemens and John B. Lochner
NOES: COUNCILMEMBERS None
ABSTAIN: COUNCILMEMBERS None
ABSENT: COUNCILMEMBERS None
SIGNED
f M or o ' the Town o Los Gatos
V
ATTEST:
Clerk of the Town of s Gatos
11 ®2-79