HomeMy WebLinkAboutOrdinance 21-059-CCBOARD OF COUNTY COMMISSIONERS
Grant County, Washington
ORDINANCE AMENDING CH. 6.42 OF ORDINANCE No. 21- 05% -CC
THE GRANT COUNTY CODE TITLED
"NITROUS OXIDE", BANNING
RECREATIONAL USE OF NITROUS
OXIDE AND AMENDING SECTION
1.32.020 OF THE GRANT COUNTY
CODE TITLED "CODE
ENFORCEMENT AND PENALITES"
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.
WHEREAS, illicit trade in nitrous oxide for recreational use has led to violence in Grant
County,
WHEREAS, Grant County only has authority, pursuant to RCW 36.32.120 to create
simple misdemeanors,
WHEREAS, Grant County intends that any law enforcement officer be able to enforce
County police ordinances where appropriate,
NOW, THEREFORE, BE IT ORDAINED, by the Board of Grant County
Commissioners, AMENDS CHAPTER, 6.42, THE GRANT COUNTY CODE TITLED
NITROUS OXIDE AND CHAPTER 1.32.020 TITLED CODE ENFORCEMENT AND
PENALITES 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.
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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;
(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 obj ect, 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 obj ect(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.
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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.
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 S Q"+' ^1 . n2 n %AJlr-. A.301 „ f this chapter is a misdemeanor, punishable by not
more than 90 days in jail and a fine of not more than $1,000.00. .04 n „-�
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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.
Chapter 1.32 — CODE ENFORCEMENT AND PENALTIES
Section 1.32.020 is amended as follows:
This title shall apply to the enforcement of Grant County ordinances and codes,
including those related to building, zoning, environmental health and safety, and quality of life.
Violations include but are not limited to:
(1) Failure to obtain required .permits or authorizations within the administrative
jurisdiction of the applicable department;
(2) Fall -tire to comply with the terms or conditions of a pen -nit or authorization issued by
the applicable department;
(3) Failure to comply with any county code provision within the administrative jurisdiction
of the applicable department;
(4) Failure to comply with rules or regulations adopted:pursuant to the administrative
authority of the applicable department;
(5) Removal without authorization or defacing any sign, notice or order posted pursuant to
the administrative authority of the applicable department; and
(6) Failure to comply with a stop work or emergency order issued under this chapter.
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Violations of the applicable code shall be corrected -under the provisions of this title, in
coordination with existing ordinance and code provisions.
.Enfbrcement. Only an authorized official may enforce the provisions of this title. For
purposes of this title, an authorized official is defined as any one of the following:
(1) The Grant County Sheriff and his or her authorized representatives (primary);
(2) The Grant County Director of Public Works and his or her authorized
representatives;
(3) The Grant County Director of Development Services and his or her authorized
representatives;
(4) The Grant County Prosecuting Attorney may, in addition to any enforcement
provisions hereunder, have authority to institute any legal proceedings necessary to
enforce this title; and
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