Town of Wheatfield, NY
Niagara County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Wheatfield 5-17-1982 by L.L. No. 4-1982. Amendments noted where applicable.]
GENERAL REFERENCES
Obscene or lewd behavior — See Ch. 121.
Peddling and soliciting — See Ch. 127.
Zoning — See Ch. 200.

§ 86-1 Findings; ban on drug paraphernalia.

The Town Board of the Town of Wheatfield finds the growing and continued use of controlled substances and marijuana to be detrimental to the health, safety and welfare of the community. The Town Board further finds that shops and stores which openly display objects whose primary purposes are drug related facilitates the illegal use of controlled substances and marijuana. Therefore, the Town Board bans the possession, delivery, manufacture and sale of drug paraphernalia.

§ 86-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated;
COCAINE SPOON
A spoon with a bowl so small that the primary use for which it is reasonably adopted or designed is to hold or administer cocaine, and which is so small as to be unsuited for the typical, lawful uses of a spoon. A cocaine spoon may or may not be labeled as a "cocaine spoon" or "coke spoon."
CONTROLLED SUBSTANCE
Any controlled substance as defined by Subdivision 5 of § 220.00 of the New York State Penal Law.
DELIVER
To give or dispose of to another or to offer or agree to do the same.
DRUG PARAPHERNALIA
All equipment, products and materials of any kind which are used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance or marijuana as defined by § 220.00 (Subdivisions 5 and 6) of the New York Penal Law. The term "drug paraphernalia" as used herein does not include any item of substance of which knowing possession thereof would constitute a crime under § 220.50 of the Penal Law. It includes, but is not limited to:
A. 
Kits used, intended for use or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived.
B. 
Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances.
C. 
Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance.
D. 
Testing equipment used, intended for use or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances.
E. 
Scales and balances used, intended for use or designed for use in weighing or measuring controlled substances.
F. 
Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use or designed for use in cutting controlled substances.
G. 
Separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining marijuana.
H. 
Blending bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding controlled substances.
I. 
Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances.
J. 
Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances.
K. 
Hypodermic syringes, needles and other objects used, intended for use or designed for use in parenterally injecting controlled substances in the human body.
L. 
Objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:
(1) 
Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes, with or without screens, permanent screens, hashish heads or punctured metal bowls.
(2) 
Water pipes.
(3) 
Carburetion tubes and devices.
(4) 
Smoking and carburetion masks.
(5) 
Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand.
(6) 
Miniature cocaine spoons and cocaine vials.
(7) 
Chamber pipes.
(8) 
Carburetor pipes.
(9) 
Electric pipes.
(10) 
Air-driven pipes.
(11) 
Chillums.
(12) 
Bongs.
(13) 
Ice pipes or chillers.
MARIJUANA
Marijuana or concentrated cannabis as defined by Subdivision 6 of § 220.00 of the New York State Penal Law.
MARIJUANA OR HASHISH PIPE
A pipe characterized by a bowl which is so small that the primary use for which it is reasonably adopted or designed is the smoking of marijuana or hashish, rather than the lawful smoking of tobacco, and which may or may not be equipped with a screen.
MINOR
A person who has not attained the age of 18 years.
UNLAWFULLY
In violation of Article 33 of the Public Health Law.

§ 86-3 Unlawful acts; applicability.

A. 
Possession of drug paraphernalia. It shall be unlawful for any person to knowingly use or possess with intent to use drug paraphernalia under circumstances evincing an intent to use or under circumstances evincing knowledge that some person intends to use the equipment, products or materials to unlawfully manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance or marijuana.
B. 
Manufacture of drug paraphernalia. It shall be unlawful for any person to knowingly manufacture drug paraphernalia under circumstances evincing an intent to use or under circumstances evincing knowledge that some person intends to use the equipment, products or materials for purposes of unlawfully manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance or marijuana.
C. 
Delivery of drug paraphernalia. It shall be unlawful for any person to knowingly deliver drug paraphernalia to another under circumstances evincing an intent to use or under circumstances evincing knowledge that some person intends to use the equipment, products or materials for purposes of unlawfully manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance or marijuana.
D. 
Sale of drug paraphernalia. It shall be unlawful for any person to knowingly sell or possess with intent to sell or offer to sell drug paraphernalia under circumstances evincing an intent to use or under circumstances evincing knowledge that some person intends to use the equipment, products or materials for purposes of unlawfully manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance or marijuana.
E. 
This section does not apply to or govern any matter, act or omission controlled by Article 33 of the Public Health Law or Penal Law § 260.20. This section shall not be construed to prohibit any possession, manufacture or use of hypodermics made lawful by § 220.45 of the Penal Law.
F. 
Any drug paraphernalia used in violation of this section shall be seized by and forfeited to the agency enforcing this chapter in accordance with state law.
G. 
Whenever an employee of a business establishment, acting as an agent for the business establishment, is charged with a violation of this chapter, there shall be a rebuttable presumption that the owner, proprietor, operator or manager of the establishment had knowledge of the acts of the employee or agent and that said violation was permitted in contravention of this chapter by said owner, proprietor, operator or manager of the establishment.

§ 86-4 Determination of objects as drug paraphernalia.

In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the presence of any of the following:
A. 
Statements by an owner or by anyone in control of the object concerning its use.
B. 
The proximity of the object, in time and space, to a direct violation of this chapter.
C. 
The proximity of the object to controlled substances.
D. 
The existence of any residue of controlled substances on the object.
E. 
Direct or circumstantial evidence of the intent of an owner or of anyone in control of the object to deliver it to persons whom he or she knows or should reasonably know intend to use the object to facilitate a violation of this chapter; the innocence of an owner or of anyone in control of the object as to a direct violation of this chapter shall not prevent a finding that the object is intended for the use or designed for use as drug paraphernalia.
F. 
Instructions, oral or written, provided with the object or depicting its use.
G. 
Descriptive materials accompanying the object which explain or depict its use.
H. 
National and local advertising concerning its use.
I. 
The manner in which the object is displayed for sale.
J. 
Whether the owner or anyone in control of the object is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products.
K. 
Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise.
L. 
The existence and scope of legitimate uses for the object in the community.
M. 
Expert testimony concerning its use.

§ 86-5 Sale of smoking accessories to minors.

A. 
It shall be unlawful to sell, barter, exchange, deliver or give away or cause or permit or procure to be sold, bartered, exchanged, delivered or given away smoking accessories to any person under 18 years of age.
B. 
It shall be unlawful to sell, barter, exchange, deliver or give away or cause or permit or procure to be sold, bartered, exchanged, delivered or given away smoking herbs to any person under 18 years of age.
C. 
Any person under the age of 18 who presents or offers to any vendor or to the agent or employee of such vendor any written evidence of age which is false, fraudulent or not actually his or her own for the purpose of purchasing or attempting to purchase any smoking accessory or herb shall be guilty of a violation of this chapter.
D. 
Warning to minors. Any person, firm, partnership, company or corporation operating a place of business wherein smoking accessories and smoking herbs are sold or offered for sale shall post in a conspicuous place upon the premises a sign upon which there shall be imprinted the following statement: "SALE OF SMOKING ACCESSORIES AND SMOKING HERBS TO PERSONS UNDER 18 YEARS OF AGE IS PROHIBITED BY LAW. THE MISREPRESENTATION OF AGE TO PROCURE SUCH A SALE IS PROHIBITED BY LAW." Such a sign shall be printed on a white card in red letters at least 1/2 inch in height.
E. 
The sale of smoking accessories or of drug paraphernalia to a minor shall constitute presumptive evidence that such sale was permitted in contravention of this chapter by the person exercising dominion or control over the business premises in which the sale was made.

§ 86-6 Advertising drug paraphernalia.

It shall be unlawful for any person to place in any newspaper, magazine, handbill or other publication any advertisement knowing or under circumstances where one reasonable should know that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.

§ 86-7 Applicability of provisions. [1]

The provisions of this chapter shall be in addition to and/or supplemental to any applicable general state laws.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 86-8 Penalties for offenses.

A person who shall violate any provision of this chapter shall, upon conviction, be subject to a fine of not less than $150 and not more than $250 for each such violation, and every violation of this chapter shall constitute disorderly conduct, and every person violating or aiding and abetting a violation of this chapter shall be a disorderly person and shall, upon conviction, be subject to the aforesaid fine and imprisonment for not more than 15 days, or to both such fine and imprisonment for each such violation. Each day that a violation of this chapter shall continue shall constitute a separate violation hereof.