HomeMy WebLinkAboutOrdinance 20-034-CCBOARD OF COUNTY COMMISSIONERS
Grant County, Washington
ORDINANCE CREATING CH. 6.42 OF ORDINANCE No. 20- 3y -CC
THE GRANT COUNTY CODE TITLED
"NITROUS OXIDE", BANNING
RECREATIONAL USE OF NITROUS
OXIDE AND ENACTING PENALTIES
WHEREAS, Grant County has observed an increasing problem with abuse of nitrous
oxide, and
WHEREAS, the health and safety of Grant County Citizens and visitors is the
preeminent concern of the County; and
WHEREAS, Nitrous Oxide has legitimate medical and non-medical uses; and
WHEREAS, the Board of County Commissioners has determined that a ban on
recreational use of nitrous oxide should be imposed; and
WHEREAS, the inhalation of nitrous oxide outside of a clinical setting may have
dangerous health effects.
NOW, THEREFORE, BE IT ORDAINED, by the Board of Grant County
Commissioners, ADOPTS AND HEREBY ADDS A NEW CHAPTER, 6.42, TO TITLE 6 OF
THE GRANT COUNTY CODE TITLED NITROUS OXIDE AND TO READ AS FOLLOWS:
Chapter 6.42- NITROUS OXIDE.
Sections:
6.42.010 Definitions
1. Nitrous Oxide refers to any of the following substances: a gas with the chemical formula of
N20, dinitrogen monoxide, dinitrogen oxide, nitrogen oxide, or laughing gas.
2. Nitrous Oxide paraphernalia means:
(a) all equipment, products, and materials of any kind which are used, intended for use, or
designed for use in manufacturing, compounding, converting, producing, processing, preparing,
testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting,
inhaling, or otherwise introducing into the human body nitrous oxide.
It includes, but is not limited to:
(1) Kits used, intended for use, or designed for use in manufacturing, compounding,
converting, producing, processing, or preparing nitrous oxide;
(2) Testing equipment used, intended for use, or designed for use in identifying or in
analyzing the strength, effectiveness, or purity of nitrous oxide;
(3) Scales, balances or other equipment used, intended for use, or designed for use in
weighing or measuring nitrous;
Ordinance SHB 1406 1 ofq
(4) Diluents and adulterants, used, intended for use, or designed for use in cutting nitrous
oxides;
(5) Cylinders, balloons, and other containers used, intended for use, or designed for use
in packaging nitrous oxide;
(6) Containers and other objects used, intended for use, or designed for use in storing or
concealing nitrous oxide;
(7) Objects used, intended for use, or designed for use in ingesting, inhaling, or
otherwise introducing nitrous oxide into the human body.
(b) In determining whether an object is drug paraphernalia under this section, a court or
other authority should consider, in addition to all other logically relevant factors, the following:
(1) Statements by an owner or by anyone in control of the object concerning its use;
(2) Prior convictions, if any, of an owner, or of anyone in control of the object, under any
state or federal law relating to any controlled substance;
(3) The proximity of the object, in time and space, to a direct violation of this chapter;
(4) The proximity of the object to controlled substances;
(5) The existence of any residue of nitrous oxide on the object;
(6) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of
the object, to deliver it to persons whom he or she knows, or should reasonably know, intend to
use the object to facilitate a violation of this chapter; the innocence of an owner, or of anyone in
control of the object, as to a direct violation of this chapter shall not prevent a finding that the
object is intended or designed for use as nitrous oxide paraphernalia;
(7) Instructions, oral or written, provided with the object concerning its use;
(8) Descriptive materials accompanying the object which explain or depict its use;
(9) National and local advertising concerning its use;
(10) The manner in which the object is displayed for sale;
(11) Whether the owner, or anyone in control of the object, is a legitimate supplier of like
or related items to the community, such as a licensed distributor or dealer of nitrous oxide;
(12) Direct or circumstantial evidence of the ratio of sales of the object(s) to the total
sales of the business enterprise;
(13) The existence and scope of legitimate uses for the object in the community; and
(14) Expert testimony concerning its use.
6.42.020. Possession of nitrous oxide for recreational consumption prohibited
It is unlawful for any person to possess nitrous oxide or any substance containing nitrous
oxide, with the intent to breathe, inhale, or ingest for the purpose of causing a condition of
intoxication, elation, euphoria, dizziness, stupefaction, or dulling of the senses or for the purpose
of, in any manner, changing, distorting, or disturbing the audio, visual, or mental processes, or
knowingly and with the intent to do so be under the influence of nitrous oxide or any material
containing nitrous oxide.
This section shall not apply to any person who is under the influence of nitrous oxide or
any material containing nitrous oxide pursuant to an administration for the purpose of medical,
surgical, or dental care by a person duly licensed or permitted by law to administer such an
agent.
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6.42.030 Use or delivery of nitrous oxide paraphernalia prohibited
(1) It is unlawful for any person to use nitrous oxide paraphernalia to manufacture,
compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain,
conceal, inject, ingest, inhale, or otherwise introduce into the human body nitrous oxide.
(2) It is unlawful for any person to deliver, possess with intent to deliver, or manufacture
with intent to deliver drug paraphernalia, knowing, or under circumstances where one reasonably
should know, that it will be used to manufacture, compound, convert, produce, process, prepare,
test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce
into the human body nitrous oxide.
(3) This section shall not apply to any person who possesses, uses, delivers, possesses
with the intent to deliver or manufactures with intent to deliver nitrous oxide paraphernalia
pursuant to an administration for the purpose of medical, surgical, or dental care by a person duly
licensed or permitted by law to administer such an agent.
6.42.040 Delivery of nitrox oxide for recreational consumption prohibited
It is unlawful for any person to manufacture, deliver, or possess with intent to
manufacture or deliver, nitrous oxide or any material containing nitrous oxide with the intent that
it be used to breathe, inhale, or ingest for the purpose of causing a condition of intoxication,
elation, euphoria, dizziness, stupefaction, or dulling of the senses or for the purpose of, in any
manner, changing, distorting, or disturbing the audio, visual, or mental processes.
This section shall not apply to any person who manufactures, delivers or possess with the
intent to manufacture or deliver nitrous oxide or any material containing nitrous oxide pursuant
to an administration for the purpose of medical, surgical, or dental care by a person duly licensed
or permitted by law to administer such an agent.
6.42.050 Violation -Penalties
Any violation of sections .020 or .030 of this chapter is a misdemeanor, punishable by not
more than 90 days in jail and a fine of not more than $1,000.00. Any violation of section .040 of
this chapter is a gross misdemeanor, punishable by not more than 364 days in jail and a fine of
not more than $5,000.00.
6.42.060 Effective Date
This ordinance is effective the date of signing.
6.42.070 Severability
If any provision of this ordinance or its application to any person or circumstance is held
invalid, the remainder of this ordinance or the application of the provisions to other person or
circumstances is not affected.
6.42.080 - Chapter cumulative.
The provisions of this chapter are not intended to repeal any other ordinance or statute
involving the same subject matter.
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PASSED AND ADOPTED thiszday of , 2020.
ATTEST:
BOARD OF COUNTY
COMMISSIONER
Yea Nay AbstainnhCOA UN , SHINGTON
Cin y arte Chair
❑ ❑
Tom Taylor, Vice Chair
❑ ❑ ❑ e9 &J5 G
Richard Stevens, Member
Ordinance SHB 1406 4 ofy