This chapter shall be known as the "Fairview Township Controlled
Substance Paraphernalia Prohibition Ordinance."
The people and citizens of Fairview Township and their duly
elected government body are aware that businesses exist which market,
advertise for sale and sell paraphernalia used in connection with
prohibited controlled substances, and that this business is not effectively
controlled, regulated or prohibited. These businesses encourage the
illegal use of controlled substances, which pose a clear, present
and substantial danger to the health and welfare of those who utilize
such substances, and to others. This chapter is established to remedy
this problem, and thereby to promote the health, safety and public
welfare of the citizens and inhabitants of Fairview Township. This
chapter is intended to be based upon the Model Drug Paraphernalia
Act drafted by the Drug Enforcement Agency of the United States Department
of Justice, and should be interpreted accordingly. Furthermore, it
is intended that the comment concerning the Model Drug Paraphernalia
Act appended to the Act by the Drug Enforcement Agency shall be extensively
utilized as an aid in the administration, enforcement and interpretation
of this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
DRUG PARAPHERNALIA
All equipment, products and materials of any kind which are
used, intended for use, or designed for use, in planting, propagating,
cultivating, growing, harvesting, manufacturing, compounding, producing,
processing, preparing, testing, analyzing, packaging, repackaging,
storing, containing, concealing, injecting, ingesting, inhaling or
otherwise introducing into the human body a controlled substance in
violation of the Controlled Substance, Drug Device and Cosmetic Act.
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 devised, 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.
Blenders, 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 into 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;
In determining whether an object is drug paraphernalia, a court
or other authority should consider, in addition to all other logically
relevant factors, the following:
A. Statements by an owner or by anyone in control of the objects concerning
its use;
B. Prior convictions, if any, of any owner, or of anyone in control
of the object, under any state or federal law relating to any controlled
substance;
C. The proximity of the object, in time and space, to a direct violation
of this chapter;
D. The proximity of the object to controlled substances;
E. The existence of any residue of controlled substances on the object;
F. Direct or circumstantial evidence of the intent of the owner, or
of anyone in control of the object, to deliver it to persons whom
he knows, or should reasonably know, intend to use the object to facilitate
a violation of this Act; the innocence of an owner, or of anyone in
control of the object, as to a direct violation of this Act shall
not prevent a finding that the object is intended for use, or designed
for use as drug paraphernalia;
G. Instructions, oral or written, provided with the object concerning
its use;
H. Descriptive materials accompanying the object which explain or depict
its use;
I. National and local advertising concerning its use;
J. The manner in which the subject is displayed for sale;
K. Direct or circumstantial evidence of the ratio of sales of the object(s)
to the total sales of the business enterprises;
L. The existence and scope of legitimate uses for the object in the
community;
M. Expert testimony concerning its use.
[Amended 4-26-1989 by Ord. No. 89-3; 5-14-1991 by Ord. No. 91-2; 8-13-1996 by Ord. No. 96-5; 3-27-1997 by Ord. No. 97-2]
Any person, firm or corporation who is found to be in violation
of any provision of this chapter shall, upon conviction thereof, be
sentenced to pay a fine of not more than $1,000 and/or undergo imprisonment
for a term not to exceed 90 days. Each and every day a violation of
this chapter continues shall constitute a separate offense.