SCC NO. 1611 AN ORDINANCE OF THE SACRAMENTO COUNTY CODE RESTRICTING THE RESALE AND POSSESSION OF BUTANE The Board of Supervisors of the County of Sacramento, State of California, ordains as follows: SECTION 1. Chapter 6.90, Sections 6.90.010 through 6.90.080, is added to Title 6 of the Sacramento County Code to read as follows: CHAPTER 6.90 BUTANE RESALE REGULATION 6.90.010 Authority, Title and Application. Under the authority granted in Article XI, Section 7 of the California Constitution and Government Code Section 25132, the County of Sacramento by and through its Board of Supervisors, does enact this chapter of the Sacramento County Code. This chapter shall apply to resale and possession of butane within the unincorporated area of Sacramento County. 6.90.020 Findings and Purpose. The Board of Supervisors finds as follows: A. Butane is used in the making of Butane Hash or "Honey Oil" (BHO) a form of concentrated cannabis (marijuana), the potency of which comes from chemically extracted tetrahydrocannabinol (THC). B. Butane is highly volatile and can easily explode when exposed to an ignition source. The extraction of THC through the use of refined butane causes flammable butane vapors to accumulate low to the ground near ignition sources such as oven and water heater pilot lights, and even electric static discharge from floor-covering friction. A study by the San Diego Hazardous Materials Division found that 99.5 percent of extracted THC butane mixture volatilizes in immediate areas making it highly susceptible to easy ignition. C. Butane has many legitimate uses, but such uses do not typically require the large quantities associated with BHO production. D. Media reports indicate that individuals making BHO have caused numerous explosions and fires throughout California. These incidents have resulted in considerable property damage, personal injury and even death to those participating in the manufacturing process. Additionally, innocent bystanders and public safety personnel, including law enforcement officers and fire fighters, have been placed at risk or incurred injury when responding to calls for service. E. It is a felony under California Health and Safety Code section 11379.6 to manufacture, produce, or process a controlled substance, including concentrated cannabis by chemical extraction. The Sacramento County District Attorney's Office prosecuted approximately 46 concentrated cannabis labs in 2015, and 38 in 2016. F. A BHO lab using butane as defined herein presents a serious hazard for first responders as the gas has no odor and can only be detected by a combustible gas
instrument. Such conditions present grave risk of loss where devices such as a TASER are capable of igniting the gas resulting in an explosion. G. The resale of refined butane occurs at levels sufficient to aid the manufacture of BHO. Such sales and possession of butane should therefore be regulated to prevent the use of such butane in the manufacture of BHO where such activity presents grave dangers to unincorporated County of Sacramento residents and first responders. H. Butane resale and possession is not currently regulated by state or federal law. 6.90.030 Definitions. For the purpose of this chapter the following definitions apply: A. "Butane" means iso-butane, n-butane, or refined butane of any power that uses the words "refined," "pure," "purified," "premium," or "filtered," to describe the butane, or which does not contain ethyl mercaptan or similar odorant. B. "Canister" means a single container in which butane is stored or collected or from which butane is dispensed. C. "Customer" means any person who is sold or acquires products from any reseller during a transaction. D, "Day" means calendar day. E. "Package" means butane offered for sale at quantities of two or more. F. "Person" means a corporation, partnership, or association as well as a natural person. G. "Reseller" means any business, company, corporation, person, employee or associate that sells, offers to sell, or distributes products to any customer. It does not include any wholesaler engaged in a wholesale transaction. H. "Sell" means to furnish, give away, exchange, transfer, deliver, surrender, distribute or supply, whether for monetary gain or other consideration. I. "Transaction" means a purchase, sale, trade, loan, pledge, investment, gift, transfer, transmission, delivery, deposit, withdrawal, payment, exchange of currency, extension of credit, purchase or sale of any monetary instrument, or an electronic, magnetic or manual transfer between accounts or any other acquisition or disposition of property by whatever means effected. J. "Wholesaler" means a person whose business is the selling of goods in gross to Resellers for purposes of resale. 6.90.040 Unlawful Sale, Purchase, and Possession of Butane. A. It is unlawful for any reseller or other person to sell, offer to sell, or distribute to a customer any number of butane canisters that exceed a combined total storage quantity of 600 ml of butane during any single transaction. B. It is unlawful for any customer to purchase or acquire any number of butane canisters that exceed a combined total storage quantity of 600 ml of butane, whether sold individually or by the package during any 30-day period. C. It is unlawful for any person who is not a reseller or wholesaler to have in their possession, custody or control any number of butane canisters that exceed a combined total storage quantity of 600 ml of butane at any one time. The limitation in this subsection shall not apply to the following: 2
1. Butane canisters possessed by wholesalers or resellers solely for the purposes of resale; or 2. Butane canisters possessed by persons solely for the purposes of furthering their ongoing, lawful, and County-licensed commercial operations which require butane quantities greater than 600 ml; or 3. Butane canisters containing a sulfer-containing odorant, such as ethyl mercaptan. 6.90.050 Tracking of Butane Sales. A. For every sale of butane, every Reseller shall prepare a bill of sale that identifies the date of sale, quantity of butane purchased, and the customer's identification, including date of birth. No sales shall be made to any person under the age of 18. The customer's identification as used herein shall mean a person's first and last name as verified from a valid driver's license or other official and valid state-issued identification that contains a photograph of the customer and a residential or mailing address. Reseller shall retain a copy of the bill of sale in readable form for a period of two years. B. It shall be unlawful for any reseller to sell butane to any customer without complying with Section 6.90.050(A) of this code. 6.90.060 Penalties, Strict Liability, and Nuisance. A. Any violation of this chapter is a misdemeanor and subject to a one thousand dollar ($1,000.00) penalty and/or six (6) months in the county jail; provided, however, the County shall have the discretion to reduce the misdemeanor to an infraction. B. A violation of any provision of this chapter constitutes a public nuisance. C. A separate offense shall exist for every single violation of this chapter. D. This chapter is a regulatory provision necessary for the protection of the public health, welfare and safety. In any criminal prosecution for a violation of this chapter, it is not necessary to prove knowledge or criminal intent. E. The criminal prosecution of any violation of this chapter does not preclude the County from further initiation of any other civil or administrative proceeding which may be available as a remedy for such violation in accordance with this code. F. Compliance with this section shall in no way relieve a vendor of the responsibility to comply with any other applicable County, state or federal law. 6.90.070 Cumulative Remedy. This chapter is cumulative to all other remedies and nothing herein is intended to limit the County from pursuing any other remedy available at law or in equity against any person or entity maintaining, committing, or causing a public nuisance or any other violation of this code or state or federal law. 6.90.080 Severability and Validity. The provisions of this chapter are declared to be separate and severable. The invalidity of any clause, phrase, sentence, paragraph, subdivision, section or portion of this chapter, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this chapter, or the validity of its application to other persons or circumstances. 3-
SECTION 2. Section 16.18.401 of Chapter 16.18, Title 16, of the Sacramento County Code is amended to read as follows: 16.18.401 Generally. It is hereby declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises in this County to maintain such premises in such a manner that any one or more of the conditions or activities described in the following subsections are found to exist: A. The keeping, storage, depositing, or accumulation on the premises of any personal property, including, but not limited to, abandoned, neglected or broken equipment or machinery, abandoned, wrecked, dismantled or inoperative vehicles, automotive parts and equipment, appliances, furniture, containers, packing materials, scrap metal, wood, building materials, junk, rubbish, and debris, which is within the view of persons on adjacent or nearby real property or the public right-of-way and which constitutes visual blight or reduces the aesthetic appearance of the neighborhood or is offensive to the senses or is detrimental to nearby property or property values; provided, however, that wood and building materials being used or to be used for a project of repair or renovation for which a building permit has been obtained may be stored for such a period of time as is necessary to expeditiously complete the project; B. The keeping, storage, depositing or accumulation of dirt, sand, gravel, concrete or other similar materials, which constitutes blight or reduces the aesthetic appearance of the neighborhood or is offensive to the senses or is detrimental to nearby property or property values; C. Landscaping, or the lack thereof, that is detrimental to aesthetic and property values in the neighborhood or otherwise detrimental to the public welfare as evidenced by any one or more of the following conditions: 1. The accumulation of weeds, trees, debris or other vegetation that is overgrown onto a public right-of-way at least twelve (12) inches, or is completely dead, over twelve (12) inches in height, and covers more than fifty (50) percent of the front or side yard visible from any street; or 2. The failure to regularly maintain plant materials, including, but not limited to, irrigating, mowing, and trimming in a manner consistent with applicable Sacramento County Code requirements; or 3. The failure to remove and/or replace any overgrown, damaged, dead, diseased, or decaying plant materials likely to harbor vectors; or 4. The failure to keep irrigation systems in proper working order to provide water and coverage that is consistent with applicable Sacramento County Code requirements; or 5. The failure to comply with applicable County landscape design plan and permit requirements and development permit requirements for landscaping. D. The operation of a junkyard or automobile dismantling yard, except in an industrial zone pursuant to a special use permit; E. Any abandoned drive-in enterprise; F. Any dangerous, unsightly, or blighted condition which is detrimental to the health, safety or welfare of the public; 4
G. Any devices, signs, decorations, designs, and/or fences which are visible from the public right-of-way or neighboring properties that are in a state of disrepair and/or create a health or safety hazard; H. Any condition in violation of Title 4 of the Sacramento County Code (Business License); Any condition in violation of Chapter 6.120 of the Sacramento County Code (Graffiti); J. Any condition in violation of Chapter 6.20 of the Sacramento County Code (Solid Waste); K. Any condition in violation of Chapter 6.68 of the Sacramento County Code (Noise); L. Any condition in violation of Chapter 6.96 or 6.98 of the Sacramento County Code (Hazardous Materials); M. Any condition in violation of Title 8 of the Sacramento County Code (Animal Control Law); N. Any condition in violation of Chapter 16.02, 16.04, 16.20 or 16.22 of the Sacramento County Code (Building Code), including, but not limited to, buildings or structures which are abandoned, partially destroyed, or permitted to remain in a state of partial construction or partial demolition; and unpainted buildings causing dry rot, warping and lack of weather protection; 0. Any condition in violation of Chapters 17.04 and 17.12 of the Sacramento County Code (Fire Protection); P. Any condition in violation of Chapter 6.28 of the Sacramento County Code (Wells and Pumps); Q. Any condition in violation of Chapter 6.32 of the Sacramento County Code (Sanitary Sewage Systems); R. Any condition in violation of Health and Safety Code Section 115700, including abandoned excavations, septic tanks and swimming pools; S. Any condition in violation of the Sacramento County Zoning Code (Zoning Code); T. Any condition in violation of Chapter 16.36 of the Sacramento County Code (Swimming Pools); U. Any condition in violation of Chapter 16.38 of the Sacramento County Code (Sign Code); V. Any condition in violation of Chapter 16.44 of the Sacramento County Code (Land Grading and Erosion Control); W. Any condition in violation of Chapter 17.12 of the Sacramento County Code (Weed Control) including, but not limited to, overgrown, dead, dry, decayed, diseased or hazardous trees, weeds, and other vegetation, brush or weeds likely to cause a fire hazard to adjacent or nearby improved property or to the public, or which are noxious, dangerous or which cause a health hazard; X. Any condition recognized in law or in equity as constituting a public nuisance; Y. The failure to maintain and monitor any vacant building or property so as to constitute a condition detrimental to property values in the neighborhood or otherwise detrimental to the public welfare. 5
The existence of any one or more of the following property conditions constitutes a violation of this subsection: 1. The property contains overgrown, diseased, dead or decayed trees, weeds or other vegetation that: Constitutes a fire hazard or other condition that is dangerous to the public health, safety, welfare, or Creates the potential for the harboring of rats, vermin, vector, or other similar nuisances, or iii. Substantially detracts from the aesthetic and property values of neighboring properties, or iv. Is overgrown onto a public right-of-way at least twelve (12) inches, or v. Is completely dead, over twelve (12) inches in height, and covers more than fifty (50) percent of the front or side yard visible from any street, 2. The property fails to comply with applicable development permit requirements with respect to any landscaping requirements, 3. The property contains exterior trash, debris, junk, or graffiti not regularly removed, 4. The property and all building entry points including doorways, windows or other openings are not closed, maintained or secured to prevent entry into the property and building by persons or animals, 5. Criminal activity is occurring on the premises, including, but not limited to, use and sale of controlled substances, prostitution, criminal street gang activity, loitering or trespassing. Z. Any unimproved real property which has become a dumping ground for litter, garbage, junk, debris, or discarded vehicles, vehicle parts and/or vehicle hulks, and which real property has been subject to abatement on one or more occasions by the County; AA. Any conditions in violation of Chapter 15.12 (Stormwater Management and Discharge Control). Once proceedings have been commenced pursuant to this chapter to declare a property to be a public nuisance under this subsection, no such property shall be deemed to be in compliance with this chapter solely because such property thereafter becomes occupied; BB. Any condition in violation of Chapter 6.88 of the Sacramento County Code (Marijuana Cultivation); CC. Any condition in violation of Chapter 6.130 of the Sacramento County Code (Reduction of Single Use Plastic and Paper Bags). DD. Any condition in violation of Chapter 6.90 of the Sacramento County Code (Butane Resale Regulation). SECTION 3. The Board of Supervisors finds that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15060(c)(3), because the ordinance does not meet the definition of a project as defined in section 15378. 6
SECTION 4. This ordinance was introduced and the title thereof read at the regular meeting of the Board of Supervisors on May 9, 2017 and on May 23, 2017, further reading was waived by the unanimous vote of the Supervisors present. This ordinance shall take effect and be in full force on and after thirty (30) days from the date of its passage, and before the expiration of fifteen (15) days from the date of its passage it shall be published once with the names of the members of the Board of Supervisors voting for and against the same, said publication to be made in a newspaper of general circulation published in the County of Sacramento. On a motion by Supervisor Serna, seconded by Supervisor Nottoli, the foregoing ordinance was passed and adopted by the Board of Supervisors of the County of Sacramento, State of California, this 23rd day of May 2017, by the following vote: AYES: NOES: Supervisors, Frost, Peters, Serna, Nottoli None ABSENT: Kennedy ABSTAIN: None RECUSAL: None (PER POLITICAL REFORM ACT ( 18702.5.)) Chair of the Board of Supervisors of Sacramento CountV, California k, Board of Supervisors Insccordance with Section 25103 of the Government Code of the State of California a copy of the document has been &towed te the Chair. of the Baird of SWIMSOr& County of Sorramento Deputy Clerk, Board otsupervisurs -7