Fortuna council adopts ordinance banning sale and distribution of nitrous oxide

The Fortuna City Council adopted Ordinance 2025-778 on Dec. 1, making it unlawful for any person in the city to sell, offer, distribute or provide nitrous oxide.

City staff opened the second reading and explained this was the fourth time the topic had come before the council. Staff noted that the council previously amended the draft ordinance to allow the sale or distribution of nitrous oxide by a wholesale distributor of food supplies directly to the location of a food-preparation facility located in the city. "That amendment is contained in the ordinance," staff said.

There was no public comment on the ordinance at the meeting. The council conducted a roll-call vote: recorded responses in the roll call reflected four votes in favor and one against, and the ordinance passed.

What this means: selling or providing nitrous oxide in Fortuna will be unlawful under the municipal code change; the ordinance adds chapter 8.45 to Title 8 of the Fortuna Municipal Code. The council's action followed staff presentation and a brief opportunity for questions; police staff were present for additional background but did not offer public testimony.

The ordinance takes effect following any applicable posting or publication requirements set forth in the municipal code.