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.
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.
(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.
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.
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.
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.
The provisions of this chapter shall be in addition
to and/or supplemental to any applicable general state laws.
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.