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, 6. Letter Received Post Meeting

...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)