Westminster City Council
SUBJECT
Title
First Reading of an Ordinance Adding Chapter 9.78 to the Westminster Municipal Code to Restrict the Sale and Distribution of Nitrous Oxide.
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From: Christine Cordon, City Manager
Requested by: Vice Mayor Mark Nguyen, District 3
Prepared by: Ryan Salz, Senior Management Analyst
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RECOMMENDED ACTION
Recommendation
Consider and introduce for first reading an Ordinance entitled, “AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF WESTMINSTER, CALIFORNIA, ADDING CHAPTER 9.78 (PROHIBITION ON THE SALE OR DISTRIBUTION OF NITROUS OXIDE) TO TITLE 9 (PUBLIC PEACE, MORALS AND WELFARE) OF THE WESTMINSTER MUNICIPAL CODE RESTRICTING THE SALE AND DISTRIBUTION OF NITROUS OXIDE,” read by title only and waive further reading.
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BACKGROUND
On February 25, 2026, Vice Mayor Mark Nguyen requested an item on the agenda to discuss a draft ordinance banning the sale and distribution of nitrous oxide. At the following City Council meeting on March 11, 2026, the Mayor and City Council considered the Vice Mayor’s item and directed staff to draft an ordinance and present it to the City Council for consideration. The March 11, 2026 staff report is shown as Attachment 1. It provides detailed background about the health and safety issues associated with nitrous oxide that have become more prevalent in the local community. Additionally, it describes how the state and other municipalities have taken action to prevent the widespread sale and distribution of the substance for misuse.
The proposed Draft Ordinance (Attachment 2) would prohibit the sale and distribution of nitrous oxide, except in specific situations, to preserve and protect the health, safety, and welfare of the Westminster community and visitors. The exceptions to the prohibition are included to ensure businesses and consumers that intend to use nitrous oxide for a safe and legitimate application are still able to find and purchase it locally. These exceptions include applications related to food products, automotive vehicles, and medical care. Violation of the ordinance would be considered a public nuisance, charged as a misdemeanor, and subject to administrative citations.
The Draft Ordinance closely resembles ordinances that have already been enacted in other Orange County cities, including Santa Ana, Garden Grove, Fullerton, and Huntington Beach. Proceeding with adoption of the Draft Ordinance would align Westminster with neighboring jurisdictions that are implementing local solutions to address public safety concerns and control access to products frequently misused recreationally.
FISCAL IMPACT
There is no fiscal impact associated with this action.
LEGAL REVIEW
The City Attorney’s Office has reviewed as to form.
CONCLUSION
Staff recommend the Mayor and City Council consider and introduce for first reading a draft ordinance restricting the sale and distribution of nitrous oxide.
ATTACHMENTS
1. March 11, 2026 Staff Report
2. Draft Ordinance
REVIEWED BY
Erin Backs, Finance Director
City Attorney’s Office
Christine Cordon, City Manager