The Fortuna City Council on November 17 introduced an ordinance to make it unlawful to sell, offer, distribute or provide nitrous oxide within city limits, citing local public-health concerns and measures adopted in neighboring jurisdictions.

Staff said the proposed Ordinance 2025-778 (adding chapter 8.45 to Title 8) responds to presentations from Humboldt County Public Health and local data indicating youth access and misuse. According to staff, public-health presenters reported that about 11% of seventh- and eighth-graders had reported inhalant initiation as early as fifth grade, and staff said larger, colorful canisters marketed toward youth are increasingly seen in the community.

Chief Eberhard, speaking for the police department, said officers have encountered nitrous canisters in public spaces and described an escalation from small "whippets" to larger canisters marketed toward youth: "We've dealt with individuals that are under the influence of it...they're clearly marketed for youth and to attract young people to purchase them," he said, adding the ordinance would close legal loopholes and give police enforcement tools.

During council debate, one council member expressed philosophical and practical concerns about broad restrictions on consumer choice and possible impacts on local businesses that use nitrous for food preparation. The council member said he had contacted local restaurants and found some use nitrous oxide for whipped cream and worried about online sales remaining accessible. "People should be free to make their own choices," the council member said, but acknowledged concern for youth use.

Staff and the council discussed how other cities have handled exemptions. The city manager noted the council can amend the ordinance to allow wholesale distributors to deliver nitrous oxide directly to food-preparation facilities; staff offered language used by the City of Eureka. The council unanimously approved an amendment to permit delivery by a food-supply wholesaler directly to a food-preparation location.

Supervisor Michelle Bushnell, participating by Zoom, urged the council to adopt a strong ban, saying the problem is "a huge problem throughout Humboldt County" and that canisters are commonly found along trails and creeks.

After the amendment, the council introduced and took the first reading of Ordinance 2025-778 as amended. Roll call on the introduction showed Connolly Aye, Diaz Yes, Stevens No, Mayor Pro Tem Trent Yes and Mayor Johnson Yes. The measure passed first reading 4–1. The ordinance, as presented, exempts prepackaged food products and legitimate medical or dental uses and contemplates enforcement fines and misdemeanor penalties.

The council did not adopt final ordinance language at second reading on Nov. 17; staff said the amendment language will be included for the next reading. The first-reading approval starts the formal ordinance process; final adoption will require a subsequent council hearing.