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<br />Ordinance No. NS-XXX <br />Page 2 of 5 <br /> <br />WHEREAS, the City Council desires that the City initiate a public health campaign <br />to raise community awareness regarding the health dangers of Nitrous Oxide abuse, its <br />appearance and common delivery methods for identification purposes, and to educate <br />the public of the prohibitions, requirements, and penalties set forth in this ordinance. <br /> <br />WHEREAS, the City Council desires that the City collect and record all citation and <br />arrest data pursuant to this article in an effort to monitor disparities, if any, in the <br />enforcement of this ordinance. <br /> <br />THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS <br />FOLLOWS: <br /> <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 /> <br />ARTICLE XIV. - PROHIBITION ON SALE OR DISTRIBUTION OF NITROUS OXIDE <br /> <br />Sec. 10-900. - Authority and Purpose. <br /> <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 /> <br />Sec. 10-901 - Definitions. <br /> <br />For purposes of this article, the following definitions apply. <br /> <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 /> <br />(b) “Nitrous oxide” means the colorless nonflammable gas sometimes identified as <br />N2O, 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 /> <br />(c) “Person” means any individual or legal entity however constituted or organized. <br /> <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 />  <br />  <br />City Council 24 – 4 5/20/2025