Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Public Safety Nitrous Oxide topic
No spam. Unsubscribe anytime.
City council introduces, on first reading, an ordinance to ban sale of nitrous oxide at tobacco retailers
Summary
Council introduced an ordinance to add a city code subsection banning sale of nitrous oxide products at tobacco retailers, following police reports of widespread use and community complaints; council unanimously gave first reading and waived further reading.
The Port Hueneme City Council on Tuesday introduced an ordinance to ban sales of nitrous oxide products at tobacco retailers following police reports that the small pressurized canisters and balloon-assisted inhalation are increasingly common and pose public-safety and health risks.
Police and code-enforcement staff told the council that every smoke shop they surveyed in town offered nitrous oxide chargers and that officers have responded to repeated calls involving people using balloons and canisters in alleys and near vehicles. Officer statements included a description of an incident in which a driver admitted inhaling nitrous oxide before a crash and then lost consciousness; officers also described frequent calls about people using canisters on sidewalks and at the beach.
Staff said the proposed ordinance would add a subsection to municipal code section 10.292 to prohibit sales of nitrous oxide at tobacco retailers; the ordinance is designed to align with actions already taken in some nearby cities. The city attorney and police staff told council that the enforcement approach would start with education and notice, then escalate to confiscation of product and citations for repeat violators. Council members asked about penalties, and staff said violations would include confiscation and monetary fines per the municipal code.
Why this matters: Council and police members said nitrous oxide use is widespread and sometimes dangerously impairing — including at public places and events — and that retail availability, packaging and flavored marketing are making it easy for young people to access the gas and related paraphernalia.
Council action: Council introduced the ordinance for first reading, waived further reading and found the project categorically exempt from CEQA; the vote was unanimous. Staff said they would notify all retailers and begin compliance visits and enforcement as the ordinance is finalized.
What happens next: The ordinance will come back for a second reading and a final adoption vote at a future meeting; in the meantime staff will proceed with outreach to tobacco retailers and an educational enforcement approach. If adopted, officers said they would begin confiscating nitrous oxide products sold in violation of the ordinance and commence the citation process for repeat offenders.
Ending: Council members called the proposal a public-safety measure to restrict local retail access while preserving options for legitimate industrial or medical purchases outside the tobacco-retailer context.
