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AN ORDINANCE ESTABLISHING A NEW CHAPTER 25.5 (PROHIBITION OF THE SALE, POSSESSION, AND USE OF NITROUS OXIDE FOR RECREATIONAL PURPOSES), OF TITLE 7 (BUSINESS AND LICENSE), OF THE ORLAND PARK VILLAGE CODE
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WHEREAS, the Village of Orland Park has previously enacted ordinances restricting the sale of synthetic cannabis, Kratom, Tianeptine, and other novel psychoactive substances to protect public health, safety, and welfare; and
WHEREAS, the Village has received reports regarding the misuse of nitrous oxide (“N2O”), also known as “laughing gas,” “whippets,” or “hippy crack,” which is being sold at certain local businesses and used for recreational intoxicating effects; and
WHEREAS, recreational inhalation of nitrous oxide poses significant health and safety risks, including loss of motor control, impaired judgment, neurological harm, and danger to the public; and
WHEREAS, the Illinois Compiled Statutes prohibit certain unlawful uses of nitrous oxide, but a loophole currently permits retail sale of nitrous oxide under the guise of “food-grade” or “whipped-cream chargers,” thereby facilitating recreational misuse; and
WHEREAS, the Village finds it necessary and appropriate to enact a local prohibition on the retail sale, distribution, possession, and use of nitrous oxide for recreational purposes, while preserving legitimate commercial and industrial uses by properly licensed businesses, medical providers, and food-service establishments;
BE IT ORDAINED by the Village President and Board of Trustees of the Village of Orland Park, Cook and Will Counties, Illinois, as follows:
SECTION 1
The facts and statements contained in the preamble to this Ordinance are found to be true and correct and are hereby adopted as part of this Ordinance.
SECTION 2
Title 7 (Business and License) of the Orland Park Village Code, Chapter 25.5 (PROHIBITION OF THE SALE, POSSESSION, AND USE OF NITROUS OXIDE FOR RECREATIONAL PURPOSES) shall be created that will read as follows:
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