This chapter shall be known as the "Borough of Littlestown Controlled
Substance Paraphernalia Prohibition Ordinance."
The people and citizens of the Borough of Littlestown and their
duly elected government body are aware that businesses exist in our
nation that market, advertise for sale and sell paraphernalia utilized
by our residents in the introduction into their bodies of prohibited
controlled substances, and that this business is not effectively controlled,
regulated or prohibited. The people of Littlestown believe that this
industry panders to our youth, encourages them to utilize controlled
substances and, in this way, encourages such persons in the illegal
use of the same. The people of Littlestown and its Council believe
that such use of controlled substances is harmful to the user thereof
and poses a clear, present and substantial danger to the health and
welfare of the citizens who utilize such substances. Therefore, this
chapter is adopted to promote the health, safety and public welfare
of the citizens and inhabitants of the Borough of Littlestown.
This chapter and the objectives leading to its enactment are
authorized by the following provisions of the Borough Code: 8 Pa.C.S.A.
§§ 1006(4), 1202(4) and (5), and 1203.
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, converting,
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
of the Commonwealth of Pennsylvania. The term 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 grinders and sifters used, intended for use or designed
for use in removing twigs and seeds from or otherwise in 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 deigned 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 object concerning
its use.
B. Prior convictions, if any, of an 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 35 P.S. § 780-101 or 780-144.
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 an 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 35 P.S. § 780-101 or 780-144. The innocence
of an owner or of anyone in control of the object as to a direct violation
of 35 P.S. § 780-101 or 780-144 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 object is displayed for sale.
K. 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.
L. Direct or circumstantial evidence of the ratio of sales of the object
to the total sales of the business enterprise.
M. The existence and scope of legitimate uses for the object in the
community.
N. Expert testimony concerning its use.
All drug paraphernalia, as defined by §
194-4 of this chapter, shall be subject to forfeiture to the municipality, and no property right shall exist therein.
Any person who shall violate this chapter shall be liable, upon
summary conviction for a first offense and upon summary conviction
for each subsequent offense, to a fine of not less than $100 nor more
than $300, together with cost of prosecution, in each case. Each day
that a violation shall continue shall be deemed to be a separate offense
and shall be punishable as such. Fines and costs imposed under the
provisions of this chapter shall be enforceable and recoverable in
the manner and at the time provided by applicable law. Upon refusal
of any persons convicted of a violation of this chapter to pay such
fine and costs, such person shall be imprisoned in the jail of Adams
County for a period not exceeding 30 days.