City Council

22.\nSECOND READING AND ADOPTION OF AN ORDINANCE PROHIBITING THE SALE\nAND DISTRIBUTION OF NITROUS OXIDE AND DETERMINATION THAT THE\nORDINANCE IS EXEMPT FROM CEQA – F2M25-7, O2M26-4856\nStaff is requesting that the City Council consider second reading and adoption of an\nordinance amending Title IX (Public Peace and Safety) of the Alhambra Municipal Code\nto include Chapter 9.19 (Prohibition on Sale or Distribution of Nitrous Oxide) and\ndetermining adoption of this Ordinance is exempt from CEQA. Nitrous oxide, commonly\nknown as “laughing gas” or “whippets,” has become a growing public health and safety\nconcern in Alhambra and throughout California. The APD, along with communities across\nthe nation, have seen an increase in arrests and incidents related to the sale of nitrous\noxide. Currently, there are 5 authorized smoke shops in the City of Alhambra, of those,\none is not open to the public and APD has found the 4 remaining sell nitrous oxide,\npresumably for recreational use. California Penal Code § 381b prohibits possession or\nuse of nitrous oxide for intoxication, and the recreational sale of nitrous oxide is not\nharmless. Short-term effects include disorientation, nausea, blackouts, and impaired\nmotor control-creating immediate risk to users and the public, particularly when combined\nwith driving. Chronic misuse poses even more serious consequences including brain\ndamage, irreversible nerve damage, paralysis, cognitive impairment, and even death. Due\nto the public safety risk, there has been an increase in Southern California jurisdictions\nadopting ordinances prohibiting the sale, distribution and recreational use of nitrous oxide,\nincluding the cities of; Rialto, Bell, Huntington Beach, Santa Ana, Costa Mesa, Newport\nBeach, Fullerton and County of Orange. The proposed ordinance was given first reading\nat the January 12, 2026 City Council meeting.\n\nRecommended Action:\nCity Council declare introduced for its second reading and\nadopt the following ordinance entitled:\nOrdinance No. O2M26-4856: An Ordinance of the City Council of the City of\nAlhambra, California, amending Title IX (Public Peace and Safety) of the\nAlhambra Municipal Code to include Chapter 9.19 (Prohibition on Sale or\nDistribution of Nitrous Oxide) and determining adoption of this Ordinance is\nexempt from CEQA