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File #: 25-379    Version: 1
Type: Ordinance Status: Agenda Ready
File created: 7/2/2025 In control: REGULAR CITY COUNCIL AND HOUSING AUTHORITY*
On agenda: 9/2/2025 Final action:
Title: INTRODUCTION OF AN ORDINANCE ADDING CHAPTER XVI (PROHIBITION ON SALE OR DISTRIBUTION OF NITROUS OXIDE) TO TITLE 11 (OFFENSES-MISCELLANEOUS) OF THE COSTA MESA MUNICIPAL CODE TO ESTABLISH REGULATIONS PROHIBITING THE UNLAWFUL SALE OR DISTRIBUTION OF NITROUS OXIDE IN THE CITY
Attachments: 1. Agenda Report, 2. 1. Draft Ordinance
TITLE:
title
INTRODUCTION OF AN ORDINANCE ADDING CHAPTER XVI (PROHIBITION ON SALE OR DISTRIBUTION OF NITROUS OXIDE) TO TITLE 11 (OFFENSES-MISCELLANEOUS) OF THE COSTA MESA MUNICIPAL CODE TO ESTABLISH REGULATIONS PROHIBITING THE UNLAWFUL SALE OR DISTRIBUTION OF NITROUS OXIDE IN THE CITY
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DEPARTMENT: POLICE DEPARTMENT
PRESENTED BY: JASON CHAMNESS, CAPTAIN
CONTACT INFORMATION: JASON CHAMNESS, CAPTAIN, (714) 754-5272

RECOMMENDATION:
recommendation
Staff recommends the City Council introduce for first reading, by title only, Ordinance No. 2025-xx, adding Chapter XVI (Prohibition on Sale or Distribution of Nitrous Oxide) to Title 11 (Offenses-Miscellaneous) of the Costa Mesa Municipal Code to establish regulations prohibiting the unlawful sale or distribution of nitrous oxide in the City.
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BACKGROUND:
From January 2020 through May 2025, Costa Mesa has seen a concerning rise in nitrous oxide-related activity, posing increasing risks to public safety. Incident reports involving nitrous oxide (found property, possession, or use) have steadily increased, with a 100% rise from 2023 to 2024. Calls for service related to nitrous oxide similarly increased by 125% during the same period. Arrests associated with nitrous oxide offenses also grew by 125% from 2023 to 2024, reflecting enhanced enforcement efforts alongside the growing prevalence of abuse. Additionally, the report noted a slight increase of nitrous oxide involvement in traffic collisions and overdose cases. Since 2020, there has been two overdose deaths likely associated to nitrous oxide. The continued escalation of these incidents underscores the need for targeted prevention, and enforcement at the point of sale, to address the public health and safety impacts of nitrous oxide abuse in Costa Mesa.
This ordinance is being brought forward in response to concerns raised by City Council members, community, and law enforcement professionals about the escalating misuse of nitrous oxide for intoxication...

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