HomeMy WebLinkAbout6/18/2003 - STAFF REPORTS (28) DATE: JUNE 18, 2003
TO: CITY COUNCIL
FROM: GARY JEANDRON, CHIEF OF POLICE
REPEALING CHAPTER 11.92 OF THE PALM SPRINGS MUNICIPAL CODE
RELATING TO THE DISPLAY AND SALE OF DRUG PARAPHERNALIA
RECOMMENDATION:
It is recommended that the City Council repeal Chapter 11.92 of the Palm
Springs Municipal Code relating to the display and sale of drug paraphernalia.
SUMMARY:
The current Palm Springs Municipal Code, §11.92.010 et seq., regulates the
display and sale of drug paraphernalia. After a review of the municipal code,
Lexis Nexis informed the City that it had determined that Palm Springs Municipal
Code §11.92.010 et seq. should be repealed because regulation of drug
paraphernalia has been preempted by the law of the State of California. After
review by the City Attorney, it was deemed that the Palm Springs Municipal Code
§ 11.92.010 et seq. should be repealed.
BACKGROUND:
Currently, Palm Springs Municipal Code §11.92.010 et seq. regulates the display
and sale of drug paraphernalia. After a review of the municipal code, Lexis Nexis
informed the City that it had determined that Palm Springs Municipal Code
§11.92.010 et seq. should be repealed because regulation of drug paraphernalia
has been preempted by the law of the State of California.
The State of California has enacted several statutes that also regulate Drug
Paraphernalia including, but not limited to, Health & Safety Code § 11014.5,
11364.7 and Penal Code § 308. Based on these facts and recent court rulings, the
City Attorney has rendered the opinion that the City is barred from regulating the
sale of drug paraphernalia and should repeal Palm Springs Municipal Code §
11.92.010 et seq.
APPROVED: =
Garyrd � on, Chief o police David Ready, i y Majager
Attachment: Ordinance
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, REPEALING CHAPTER 11.92 OF
THE PALM SPRINGS MUNICIPAL CODE RELATING
TO THE DISPLAY AND SALE OF DRUG
PARAPHERNALIA
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES
ORDAIN AS FOLLOWS:
SECTION 1: Chapter 11.92 of the Palm Springs Municipal Code is hereby
repealed in its entirety.
SECTION 2: The Clerk shall certify to the passage of this ordinance and
cause the same to be published as required by law, and the same shall take
effect as provided by law.
APPROVED, ADOPTED AND SIGNED this day of
2003.
ATTEST: CITY OF PALM SPRINGS,
CALIFORNIA
By
City Clerk Mayor
REVIEWED & APPROVED: