Town of Greece, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Greece 6-17-1980 by L.L. No. 2-1980. Amendments noted where applicable.]
The Town of Greece finds the growing and continued use of controlled substances and marijuana by some of the citizens of the Town of Greece, especially minors, to be detrimental to the health, safety and welfare of the community. Moreover, the growing development of shops and stores which openly display objects whose primary purposes are drug-related facilitates the illegal use of controlled substances and marijuana. These shops and displays, by providing ready access to objects which can be used in drug-related ways, impute a false sense of legality to the use of both controlled substances and marijuana.
As used in this chapter, the following terms shall have the meanings indicated:
CONTROLLED SUBSTANCE
Any substance or substances listed in Public Health Law § 3306 and 3302 of the State of New York.
DELIVER
To sell, 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 or adapted for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, mixing, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance and marijuana as defined by Subdivisions 5 and 6 of § 220.00 of the New York 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, 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.
(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 which 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 Public Health Law § 3302 of the State of New York.
MINOR
A person who has not attained the age of 18 years.
SELL
To sell, exchange, give or dispose of to another, or to offer or agree to do the same.
UNLAWFULLY
In violation of Article 33 of the Public Health Law of the State of New York.
In determining whether an object is drug paraphernalia, a court or other authority should consider, when properly introduced into evidence, 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. 
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/she knows, intending 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 use or designed for use as drug paraphernalia.
F. 
Instructions, oral or written, provided with the object concerning its use.
G. 
Descriptive materials accompanying the object which explain or depict its use.
H. 
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(s) 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.
N. 
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.
It shall be unlawful for any person to use or to possess with intent to use under circumstances evincing an intent to use such drug paraphernalia, to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, ingest, inject, inhale or otherwise introduce into the human body a controlled substance or marijuana.
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, planting, propagating, cultivating, growing, harvesting, ingesting, inhaling or otherwise introducing into the human body a controlled substance or marijuana.
It shall be unlawful for any person to deliver to another any drug paraphernalia, knowingly or under circumstances evincing knowledge that some person intends to use the drug for purposes of unlawfully manufacturing, compounding, converting, producing, planting, propagating, cultivating, growing, harvesting, processing, preparing, testing, analyzing, packaging, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance or marijuana.
It shall be unlawful for any person to sell or 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 same to manufacture, plant, propagate, cultivate, grow, harvest, 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.
This chapter 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, Subdivision 5,[1] of the State of New York. This chapter shall not be construed to prohibit any possession, manufacture or use of hypodermics as drug paraphernalia which is covered by § 220.45 and 220.50 of the Penal Law of the State of New York.
[1]
Editor's Note: Subdivision 5 of § 260.20 of the Penal Law was repealed by L. 1992, c. 362.
Any drug paraphernalia used in violation of this section shall be seized by and forfeited to the agency enforcing this chapter.
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.
A. 
Sale of drug paraphernalia to minors. It is unlawful for any person to sell drug paraphernalia to or to promote the use of or the sale of drug paraphernalia to any person under the age of 18 years except as permitted under Article 33 of the Public Health Law.
B. 
Delivery of drug paraphernalia to a minor. Any person 18 years of age or over who violates this chapter by delivering drug paraphernalia to a person under 18 years of age is guilty of a special offense and, upon conviction, may be imprisoned for not more than one year and fined not more than $1,000, or both.
It is unlawful for any person to place a sign on property within the Town of Greece or in a window or on a building or to issue handbills or other such publications knowing that the purpose of the advertisement, in whole or in part, is to promote the sale, possession, manufacture or use of drug paraphernalia in violation of this chapter.
[Amended 3-17-1992 by L.L. No. 1-1992]
Any person found guilty of a violation of any provision of this chapter shall, for the first offense, be guilty of a misdemeanor and shall be subject to a fine fixed by the court not exceeding $250 and/or a term of imprisonment not exceeding 15 days or both. For each succeeding violation of this chapter, such person shall be guilty of a Class A misdemeanor and shall be subject to a fine fixed by the court not exceeding $1,000 and/or a term of imprisonment not exceeding one year.
[Amended 3-17-1992 by L.L. No. 1-1992]
This chapter shall be administered and enforced by the Greece Department of Public Safety.