As used in this chapter, unless stated otherwise, the following words
or terms shall have the following meanings:
CONTROLLED SUBSTANCE
The same meaning as deed in § 3302 of the Public Health
Law of the State of New York.
DRUG-RELATED PARAPHERNALIA
Any machine, instrument, tool, equipment or device used or intended
to be used for one or more of the following purposes:
A.Â
To introduce into the human body any controlled substance under circumstances
in violation of the laws of the State of New York.
B.Â
To enhance the effect on the human body of any controlled substance
under circumstances in violation of the laws of the State of New York.
C.Â
To conceal any quantity of any controlled substance under circumstances
in violation of the laws of the State of New York.
D.Â
To test the strength, effectiveness or purity of any controlled substance
under circumstances in violation of the laws of the State of New York.
DRUG-RELATED PRINTED MATTER
Any book, magazine, pamphlet, periodical, card or flier used in conjunction
with drug-related paraphernalia which is primarily intended to disseminate
information for one or more of the following purposes:
A.Â
To advocate or recommend the use or possession of a controlled substance
when such use or possession is in violation of the laws of the State of New
York.
B.Â
To advertise, describe, explain, depict or display any method by which
a controlled substance may be obtained or produced when such method could
reasonably be expected to lead to the use or possession of such controlled
substance in violation of the laws of the State of New York.
C.Â
To advertise, describe, explain, depict or display any drug-related
paraphernalia.
The Mayor or such village official as he may designate may institute an action in the Supreme Court or any other court of competent jurisdiction to enjoin any action prohibited pursuant to §Â
33-2 of this chapter.
Any person violating any provision of this chapter shall be liable for and forfeit and pay a penalty not exceeding $250. Said violation shall constitute and is hereby declared to be disorderly conduct, and any person violating this chapter or any provision thereof shall be and hereby is declared a disorderly person as provided in §Â
32-1 of Chapter
32 hereof. Each day upon which such violation continues shall constitute a separate offense.
Nothing herein contained shall prohibit the lawful sale of drugs and
pharmaceutical devices by duly licensed pharmacies.
If any section, sentence or clause of this chapter, in whole or in part,
shall be adjudged null and void and of no effect by a court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions thereof.
This chapter shall take effect immediately.