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THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS <br />FOLLOWS: <br />Section 1. New Article XIV is hereby added to Chapter 10 of the Santa Ana <br />Municipal Code (CRIMES AND MISCELLANEOUS LAW ENFORCEMENT <br />PROVISIONS) to read in full as follows: <br />ARTICLE XIV. - PROHIBITION ON SALE OR DISTRIBUTION OF NITROUS OXIDE <br />Sec. 10-900. - Authority and Purpose. <br />This article is enacted pursuant to the City's plenary police powers to protect the public <br />safety, health and welfare. The express purpose of this article is to protect the public <br />health and safety by eliminating retail access for recreational use of nitrous oxide, which <br />is a dangerous gas that may be illicitly used as an intoxicant. <br />Sec. 10-901 - Definitions. <br />For purposes of this article, the following definitions apply. <br />(a) "Device" means any cartridge, compressed gas cylinder, apparatus, container, <br />balloon, attachment, nozzle, or other object used to contain, dispense or <br />administer nitrous oxide. <br />(b) "Nitrous oxide" means the colorless nonflammable gas sometimes identified as <br />N20, which is sometimes used in aerosols and sometimes used as an anesthetic, <br />and which, when inhaled, produces loss of sensibility to pain, often preceded by <br />exhilaration and laughter and often used as an anesthetic in dentistry. Nitrous <br />oxide is often informally or colloquially referred to as "laughing gas," "NOX," "galaxy <br />gas," "whippits," amongst others. <br />(c) "Person" means any individual or legal entity however constituted or organized. <br />(d) "Wholesale capacity" means sale of or distribution of nitrous oxide or a device to <br />dispense nitrous oxide to a person that will use nitrous oxide or the device in <br />service or products for resale. Examples include, but are not limited to, commercial <br />sale of dentistry supplies to dentists or dentistry offices, commercial sale of devices <br />for the use in food production or in a commercial kitchen, and/or commercial sale <br />of nitrous oxide for the purpose of producing food products for commercial sale <br />(e.g., whipped cream canisters). <br />Sec. 10-902 - Prohibition on Sale or Distribution of Nitrous Oxide. <br />Except as otherwise explicitly authorized by law or allowed under this article, it is unlawful <br />for any person to sell, attempt to sell, offer, distribute or otherwise provide to any person <br />Ordinance No. NS-XXX <br />Page 2 of 5 <br />