Subject: Re: Agenda Item Number 3
From:
To: [email protected]
Date Sent: Tuesday, July 15, 2025 2:52:32 PM GMT-07:00
Date Received: Tuesday, July 15, 2025 2:52:45 PM GMT-07:00 (Hi, may I please request that you replace my previous letter with this new and correct one, instead? Thank you, and I am sorry for the confusion.)
My name is Arielle, and I am a student, an IVEO Intern for Future Leaders of America, and an engaged member of our community. I am writing today to respectfully request your support for the adoption of an ordinance prohibiting the sale and misuse of nitrous oxide.
Nitrous oxide, commonly known as “laughing gas,” may sound harmless, but its misuse poses serious risks to public health and safety. The FDA recently issued a consumer advisory warning that recreational inhalation of Nitrous oxide can lead to neurological damage, oxygen deprivation, and even death. Communities across California, including Orange County, have already taken action to ban its sale due to the alarming rise in abuse, especially among youth.
In Oxnard, we’ve seen firsthand how easy access to Nitrous oxide canisters. Sold in smoke shops and convenience stores, it has contributed to substance misuse, loitering, and litter. These metal cartridges pollute our parks and sidewalks, creating hazards for children and pets and degrading our shared public spaces.
This ordinance is not about restricting legitimate medical or culinary uses, It’s about closing a dangerous loophole that allows recreational abuse to flourish. By banning the sale of Nitrous oxide for non-essential use, Oxnard can take a proactive step to protect our youth, safeguard our neighborhoods, and promote public health.
I urge you to vote yes on this ordinance and join other California cities in putting community safety first.
Thank you very much for your time and consideration.
Sincerely, Arielle
On Tue, Jul 15, 2025 at 2:45 PM AG wrote:
Evening, Honorable Mayor and Council members,
My name is Arielle, and I am both a student in Santa Barbara, an IVEO Intern for Future Leaders of America, and an engaged member of our community. I am writing today to respectfully request your support for the adoption of an ordinance prohibiting the sale and misuse of nitrous oxide.
Nitrous oxide, commonly known as “laughing gas,” may sound harmless, but its misuse poses serious risks to public health and safety. The FDA recently issued a consumer advisory warning that recreational inhalation of Nitrous oxide can lead to neurological damage, oxygen deprivation, and even death. Communities across California, including Orange County, have already taken action to ban its sale due to the alarming rise in abuse, especially among youth.
In Oxnard, we’ve seen firsthand how easy access to Nitrous oxide canisters. Sold in smoke shops and convenience stores, it has contributed to substance misuse, loitering, and litter. These metal cartridges pollute our parks and sidewalks, creating hazards for children and pets and degrading our shared public spaces.
This ordinance is not about restricting legitimate medical or culinary uses, It’s about closing a dangerous loophole that allows recreational abuse to flourish. By banning the sale of Nitrous oxide for non-essential use, Oxnard can take a proactive step to protect our youth, safeguard our neighborhoods, and promote public health.
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I urge you to vote yes on this ordinance and join other California cities in putting community safety first.
Thank you very much for your time and consideration.
Sincerely, Arielle.
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Subject: Fwd: Autism Society Ventura County Letter of Support From: "Lopez, Luly" <[email protected]>
To: Dee Lai <[email protected]>
Date Sent: Tuesday, July 15, 2025 3:41:28 PM GMT-07:00
Date Received: Tuesday, July 15, 2025 3:42:06 PM GMT-07:00 ---------- Forwarded message ---------
From: Brian Schumacher
Date: Mon, Jul 14, 2025 at 12:29 PM
Subject: Autism Society Ventura County Letter of Support To: [email protected]
Dear Oxnard City Council,
My name is Brian Schumacher
, and I am the Advocacy and Community Impact Manager for Autism Society Ventura County (ASVC). Our Advocacy Committee reviews city council, school board, and county supervisor agendas across Ventura County to ensure that people with disabilities have a voice in policy decisions that affect their lives.
We are writing in SUPPORT of the proposed ordinance to add Article XXVII to Chapter 7 of the Oxnard City Code, prohibiting the sale of nitrous oxide, as approved by the Community Services, Public Safety, Housing & Development Committee on June 24, 2025.
As I’m sure City Council and staff are aware, nitrous oxide abuse can lead to serious health problems, including neurological damage, vitamin B12 deficiency, psychosis, and, in severe cases, even death.
Children and individuals with disabilities are disproportionately vulnerable to the targeted sales of these canisters, making this ordinance a vital step in protecting our community.
Autism Society Ventura County also recognizes the serious threat nitrous oxide misuse poses to public safety and community well-being. By prohibiting the sale of this dangerous substance, the City of Oxnard is taking a meaningful step toward protecting residents, creating safer neighborhoods and fostering an inclusive, thriving community for all. Your consideration of the well-being of our families is very much appreciated.
Thank you for your leadership and commitment to this proactive solution. For more information on our advocacy initiatives, please feel free to reach out at
Sincerely,
Brian Schumacher
Advocacy and Community Impact Manager
Autism Society Ventura County Advocacy Committee
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Subject: Support for Agenda Item M, Item 3 – Prohibition of Nitrous Oxide Ordinance From:
To: [email protected]
Date Sent: Thursday, July 10, 2025 11:11:43 AM GMT-07:00 Date Received: Thursday, July 10, 2025 11:11:59 AM GMT-07:00 Attachments: Agenda Report.cleaned.pdf
Dear Mayor and Members of the City of Oxnard Council,
My name is Yaderi Salazar Ortega, I am a constituent of the City of Oxnard.
I am writing in strong support of Agenda Item M, Reports : Item 3, regarding the proposed ordinance to prohibit the sale of nitrous oxide for recreational use within the City of Oxnard.
As a mother of three children under the age of 11, I am deeply concerned about the increasing misuse of nitrous oxide in our community. These canisters are being found in parks, near schools, and on our streets, locations where children and families should feel safe. Their growing presence sends the wrong message to our youth.
Even more concerning is how pre-teens are beginning to view nitrous oxide as a harmless or "fun" activity. I’ve personally had to speak with children in my family who had heard about it from peers. I explained the serious health risks and encouraged them not to give in to peer pressure.
Children go to school to learn, grow, and explore healthy opportunities, not to be exposed to or pressured into dangerous recreational substances that can have long-term effects on their health and development. Teachers and school staff are already burdened with addressing issues related to tobacco, vaping, and other substances. We should not be adding nitrous oxide to that list. It is unfair and unrealistic to expect educators to take on yet another public & mental health concern within our schools.
There is no legitimate reason for smoke shops to sell nitrous oxide for recreational use. Other cities in California have already passed ordinances to restrict its sale, with appropriate exceptions for medical, dental, and culinary use. It’s time for Oxnard to do the same.
Please act now to protect our children, families, and educators by supporting this ordinance. --
Respectfully,
Yaderi Salazar
Oxnard, Ca. 93033
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CITY COUNCIL AGENDA REPORT
REPORTS
AGENDA ITEM NO. M.3
DATE: July 15, 2025
TO: City Council
FROM: Stephen Fischer, City Attorney, (805) 385-7483, [email protected]
SUBJECT: Prohibition of Nitrous Oxide Ordinance. (10 minutes)
RECOMMENDATION
That the City Council approve the first reading by title only and waive further reading of the proposed ordinance titled:
“ORDINANCE OF THE CITY OF OXNARD, CALIFORNIA, ADDING ARTICLE XXVII TO CHAPTER 7 TO THE OXNARD CITY CODE PERTAINING TO THE PROHIBITION OF NITROUS OXIDE.”
(The Community Services, Public Safety, Housing & Development Committee approved 3-0 on June 24, 2025.)
Please click the following link to view the required Measure M pre-recorded presentation video:
https://youtu.be/C2gN_LLcl18
BACKGROUND
Nitrous Oxide is an odorless, colorless chemical that can be inhaled for legitimate purposes associated with medical or dental procedures in a clinical setting, and is legitimately used for industrial purposes and as a propellant for food products. While nitrous oxide has legitimate purposes in certain professional and controlled settings, the improper inhaling or ingesting as an intoxicant causes serious harm to those who misuse it recreationally. Nitrous Oxide is subject to recreational misuse and abuse, in part, because it is easy to purchase from retail vendors and relatively inexpensive.
Access by those who improperly abuse Nitrous Oxide for recreational purposes can cause short-term dangers through intoxicating the brain, such as illogical thinking or irrational behaviors, permanent vitamin deficiencies in the blood, as well as causing long-term physical, neurological, and psychological damage, including paralysis and death in severe cases. This serious and growing problem of the abuse of nitrous oxide causes lasting negative impacts on individuals, their families, and our local communities.
The incidence of Nitrous Oxide recreational misuse and abuse has been on the rise both within the City and internationally over the past decade, with multiple medical studies noting significant increases in recreational misuse in the past five years, as well as a broader medical understanding of the long-term hematological and neurological impacts of Nitrous Oxide misuse and abuse. Nitrous Oxide recreational misuse and abuse has been associated with multiple traffic incidents and criminal incidents throughout the City in the past several years.
Penal Code section 381b specifically makes the following a misdemeanor: (1) possessing nitrous oxide, or any substance containing nitrous oxide, for the purpose of intoxication or (2) being under the influence of nitrous oxide or any material containing nitrous oxide. Within the past twenty-four months, the Oxnard Police 2 / 9
Department has issued 35 citations for violations of Penal Code section 381(b). Additionally, a citation for a violation of Penal Code section 381e was issued to one smoke shop for failing to record sales transactions for Nitrous Oxide as required under the Penal Code.
However, Penal Code section 381b does not prevent the sale of nitrous oxide; rather, it criminalizes the abuse of Nitrous Oxide. Currently, the City seeks to regulate the sale of Nitrous Oxide and finds and declares that, in the absence of City regulations, Nitrous Oxide creates a significant risk to the public through the sale of Nitrous Oxide to individuals who intend to misuse or abuse the product. The City desires to regulate the sale of Nitrous Oxide in order to preserve and protect the community from individuals that use the products for illegal purposes. This proposed Ordinance specifically prohibits the sale or distribution of regular and flavored nitrous oxide. The Ordinance was drafted to ensure there is no confusion that flavored nitrous oxide is also prohibited.
STRATEGIC PRIORITIES
This agenda item supports the Quality of Life strategy. The purpose of the Quality of Life strategy is to restore and increase quality services and programs that enrich Oxnard's diverse community, promotes safe neighborhoods, encourages community engagement, and supports our residents in their efforts to improve their quality of life.
This agenda item supports Public Safety strategy. The purpose of the Public Safety strategy is to restore and modernize the delivery of public safety services to provide for the safety of our neighborhoods and health of our community.
FINANCIAL IMPACT
There is no financial impact.
COMMITTEE OUTCOME
The Community Services, Public Safety, Housing & Development Committee approved 3-0 on June 24, 2025, to approve the staff recommendation and to forward the item for Council approval.
Prepared by: Michelle McCarron, Assistant City Attorney, Andrew Gonzalez, Deputy City Attorney
ATTACHMENTS
1. Nitrous Oxide Ordinance
2. Proposed Prohibition of Nitrous Oxide Ordinance Presentation Council
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Subject: PUBLIC COMMENT: AGENDA ITEM M3: PROHIBITION OF NITROUS OXIDE ORDINANCE From: " >
To: City Clerk <[email protected]>
Date Sent: Monday, July 14, 2025 11:32:31 AM GMT-07:00
Date Received: Monday, July 14, 2025 11:32:45 AM GMT-07:00 Good afternoon Mayor and City Council -
I'm writing today to encourage you to pass the proposed prohibition of nitrous oxide ordinance.
As the Measure M video clearly outlines, the deleterious public health impacts of not more stringently regulating nitrous oxide for retail sales are evident. The video does not even fully detail the significant and in many cases severe and permanent damage caused by long term nitrous oxide abuse. Neurological damage and death that can be caused by abuse of nitrous oxide. These, as well as other less serious impacts are on the rise, and present a burden on regional health and law enforcement institutions.
I am aware that some types of public health regulation are no longer palatable to the voting public; however, the intent and topic of this ordinance falls outside the scope of that public resistance. In fact, recent studies have indicated broader support for the regulation and criminalization of nitrous oxide for retail use/sales. It in no way prohibits medical and dental facilities from continuing to access it for legitimate, medical reasons. Regulation still remains today a powerful tool in managing a public health crisis. Use your authority to do so in the interest of the public good.
Finally, I am quite frankly tired of having to explain to my 8 year old son what the canisters in the street gutters by our house, or as we saw just yesterday, lined up on the ledge outside Petsmart, are. It's called "hippy crack" for a reason. Pass the ordinance for the health and safety of our community.
Respectfully -
Heather Schmidt
--
Heather Schmidt, MPA
Public Policy Advisor
Heather Schmidt Consulting Services
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Subject: Public Comment - Item M.3
From:
To: "[email protected]" <[email protected]>
Date Sent: Tuesday, July 15, 2025 1:22:41 PM GMT-07:00
Date Received: Tuesday, July 15, 2025 1:22:45 PM GMT-07:00 Good evening, Mayor McArthur, Mayor Pro Tem Teran and Council Members.
My name is Esperanza Gómez, and I live in Oxnard’s District 2. I would like to make a comment on item M number 3, the prohibition of nitrous oxide. No too long ago, driving through the city, I spotted a canister in the gutter, and I pointed it out to my husband. My kids then asked what it was, and I explained it is the gas that dentist use sometimes during procedures. They then asked why it was in the street? I didn’t have an answer. For us to be able to see it from a moving vehicle in the street, it had to be of a significant siz e. On another occasion
we were walking into downtown for an errand, and I saw another canister along the road. This is a problem. Not only is it an environmental hazard but, because of my occupation, I know that this is not being used to whip cream for someone’s coffee or assist in the extr
action of a tooth. This has become a health issue for our community since it is being sold in stores that have no business selling them and it is being sold to be used inappropriately, as a means to get intoxicated. I do not believe there is any need for items like this, of any size, to be sold in any community retail store. For the safety and health of our youth and our community, I write this in support of the ordinance of prohibiting the sale of nitrous oxide in our city.
Thank you for addressing this and for your time.
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Subject: Item M-3: Nitrous Oxide Ordinance
From:
To: [email protected],"[email protected]" <[email protected]>,"[email protected]" <[email protected]>,"[email protected]" <[email protected]>,"[email protected]" <[email protected]>,[email protected],"[email protected]" <[email protected]>,"[email protected]" <[email protected]> Date Sent: Tuesday, July 15, 2025 1:53:31 PM GMT-07:00
Date Received: Tuesday, July 15, 2025 1:53:49 PM GMT-07:00 Dear Mayor McArthur and Council Members,
My name is Vicky Gonzales, and I am a lifelong resident of the City of Oxnard. I live in District Three in the Rio Lindo neighborhood, represented by Council Member Starr.
I am writing to express my strong support for the proposed nitrous oxide ordinance you will consider this evening. This is a crucial step in addressing a pressing issue in our community.
While nitrous oxide has legitimate uses in certain professional and controlled environments, the recreational inhalation or ingestion of it can lead to serious harm.
According to the 2023 National Survey on Drug Use and Health, published by the Substance Abuse and Mental Health Services Administration (SAMHSA), more than 13 million Americans have misused nitrous oxide at some point in their lives. Additionally, the United States Food and Drug Administration (FDA) issued a warning against inhaling nitrous products in March 2025, highlighting the urgent need for action.
The improper sale and distribution of nitrous oxide by businesses is concerning.
California law currently only prohibits sales for improper use, meaning it is legal if the seller believes the intended purpose is innocuous, such as for making whipped cream.
This loophole makes nitrous oxide relatively easy for individuals to acquire and misuse.
Nitrous oxide for recreational purposes can lead to short-term effects, such as impaired thinking and irrational behavior, as well as long-term physical and psychological harm, including the risk of death in severe cases. Others can also be harmed by nitrous oxide
users becoming impaired drivers, as stated in the staff report.
These products are readily available at smoke shops and come in various flavors, such as mango and "bomb pop." Some canisters are as large as a fire extinguisher, and many are discarded in Oxnard's parks and gutters, often still containing gas.
The growing problem of nitrous oxide abuse has lasting negative impacts on individuals, families, and our local communities. The passage of this ordinance will protect individuals and help our communities by implementing stronger regulations on businesses that sell or distribute nitrous oxide. This will limit access to those seeking the product for recreational use.
I commend the City of Oxnard for its leadership on this important issue, and I want to reiterate my strong support for this ordinance.
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Warmest regards,
Vicky Gonzales
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