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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´┐Żature 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. -2- 11 -2 -79 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 -3- 11 -2 -79 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