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File #: 25-0277    Version: 2
Type: Ordinance Status: Agenda Ready
File created: 5/6/2025 In control: City Council
On agenda: 6/10/2025 Final action:
Title: Introduction and First Reading of Ordinance No. 09-25, adding Chapter 9.44 to the Orange Municipal Code regulating the retail sale and distribution of nitrous oxide.
Attachments: 1. Staff Report, 2. Ordinance No. 09-25
TO: Honorable Mayor and Members of the City Council

THRU: Tom Kisela, City Manager

FROM: Russell Bunim, Community Development Director


1. SUBJECT
title
Introduction and First Reading of Ordinance No. 09-25, adding Chapter 9.44 to the Orange Municipal Code regulating the retail sale and distribution of nitrous oxide.
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2. SUMMARY
The proposed Ordinance establishes regulations prohibiting the sale and/or distribution of nitrous oxide by any person or retail establishment within the City limits. Currently, the Orange Municipal Code does not have any regulations related to nitrous oxide, yet the substance has proved to be a factor in traffic accidents, arrests for misuse and illegally sold for recreational use by local tobacco retailers.
3. RECOMMENDED ACTION
recommendation
Introduce and conduct First Reading of Ordinance No. 09-25: An Ordinance of the City Council of the City of Orange adding Chapter 9.44 of the Orange Municipal Code regulating nitrous oxide.

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4. FISCAL IMPACT
None.
5. STRATEGIC PLAN GOALS
Goal 1: Maintain Strong Emergency and Safety Services

6. DISCUSSION AND BACKGROUND
Nitrous oxide, commonly known as laughing gas, is a colorless, non-flammable gas widely used by healthcare professionals for medical and dental anesthesia. Nitrous oxide takes effect rapidly and dissipates from the human body, making it a primary choice for effective pain relief and minor medical procedures. When administered under the supervision of a licensed healthcare provider, nitrous oxide is considered safe and effective.
Beyond medical applications, nitrous oxide has various industrial and commercial uses. It can be utilized to enhance engine performance in the automotive industry and serve as a food preservative or propellant for dispensing and preserving whipped cream, as well as producing other aerated foods, desserts, or beverages. It is also frequently sold at tobacco-related establishments, including vape shops, cigar shops, smoke shops, an...

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