The Fortuna City Council on November 17 introduced Ordinance 2025-778, a first reading to add chapter 8.45 to the city code that would make it unlawful to sell, offer, distribute or provide nitrous oxide within city limits. The ordinance, as introduced by staff, includes exemptions for prepackaged food products, legitimate medical or dental uses, and licensed pharmacies and wholesalers.

City staff said Humboldt County Public Health presented evidence to the city earlier this year and that local data show youth inhalant use is a concern: staff cited a figure that “11 percent of seventh and eighth graders reported inhalant use initiation as early as fifth grade.” Staff described health risks associated with misuse — including nerve damage, cognitive impairment, psychosis and, in rare cases, death — and characterized the ordinance as closing legal loopholes that limit local enforcement.

Councilmember Stevens spoke against a blanket ban on philosophical and practical grounds, saying he is "generally kind of opposed to unnecessary rules and regulations" and raising concerns about effects on local food businesses that use nitrous for whipped cream and on automotive or performance uses. He asked whether coffee shops and wholesalers would retain the ability to obtain nitrous oxide for food-preparation purposes.

Fortuna Police Chief Eberhard argued the ordinance would give local law enforcement tools to address marketing and sales that appear targeted at youth. "They're making a profit, but it's at the expense of our youth and our community," he said, adding officers have encountered people under the influence and that product marketing has become more youth-oriented.

Supervisor Michelle Bushnell (Humboldt County), participating by Zoom, urged the council to "please consider the highest demand that you could, just to follow suit with the other ordinance jurisdictions and with Humboldt County," saying the nuisance of spent canisters is visible along trails and at streams and creates waste-management headaches.

Councilmember Connolly moved — and Mayor Pro Tem Trent seconded — an amendment to permit wholesale distributors to directly deliver nitrous oxide to food-preparation facilities; councilmembers voted to adopt that amendment. The council then introduced Ordinance 2025-778 as amended; the first-reading introduction passed 4–1, with Councilmember Stevens the lone dissenting vote.

The ordinance will return for a second reading and further council consideration; staff noted the policy aligns Fortuna with neighboring jurisdictions including Humboldt County, Arcata, Rio Dell, Ferndale and Eureka.