San Jose Ca.Gov
File #: 25-1165    Version: 1
Type: Neighborhood Services Status: Agenda Ready
File created: 10/21/2025 In control: City Council
On agenda: 11/4/2025 Final action:
Title: Amendment to the San José Municipal Code to Prohibit the Sale and Distribution of Nitrous Oxide.
Attachments: 1. Memorandum, 2. Memorandum from Tordillos, Cohen, Ortiz & Mulcahy, 10/31/25, 3. Ordinance, 4. Presentation - est. 10 minutes, 5. Letters from the Public

...Title

Amendment to the San José Municipal Code to Prohibit the Sale and Distribution of Nitrous Oxide.

...Recommendations

Adopt an urgency ordinance:

(a) Amending Title 6 of the San José Municipal Code to add a new Chapter 6.89 prohibiting the sale and distribution of nitrous oxide by smoke shops and other similar retail establishments marketing products for recreational use; and

(b) Repealing Section 1.13.170 of Title 1 of the San José Municipal Code relating to limits on property owner responsibility for public nuisance. 

PLEASE NOTE: APPROVAL OF THIS URGENCY ORDINANCE REQUIRES 8 OR MORE AFFIRMATIVE VOTES. City Charter Section 605(d).

CEQA: Not a Project, File No. PP17-008, General Procedure and Policy Making resulting in no changes to the physical environment. (Planning, Building, and Code Enforcement)