[HISTORY: Adopted by the Town Board of the
Town of Greece 6-17-1980 by L.L. No. 2-1980. Amendments noted where
applicable.]
[Amended 12-8-2022 by L.L. No. 1-2023]
The Town of Greece finds the continued use of
controlled substances and unlawful and unlicensed sale of marijuana
by some of the citizens of the Town of Greece 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 unlawful and unlicensed sale of 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 controlled substances and retail purchase of marijuana.
As used in this chapter, the following terms
shall have the meanings indicated:
Any substance or substances listed in Public Health Law § 3306
and 3302 of the State of New York.
To sell, give or dispose of to another, or to offer or agree
to do the same.
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:
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.
Kits used, intended for use or designed for
use in manufacturing, compounding, converting, producing, processing
or preparing controlled substances.
Isomerization devices used, intended for use
or designed for use in increasing the potency of any species of plant
which is a controlled substance.
Testing equipment used, intended for use or
designed for use in identifying, or in analyzing the strength, effectiveness
or purity of controlled substances.
Scales and balances used, intended for use,
or designed for use in weighing or measuring controlled substances.
Diluents and adulterants such as quinine, hydrochloride,
mannite, dextrose and lactose used, intended for use or designed for
use in cutting controlled substances.
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.
Blenders, bowls, containers, spoons and mixing
devices used, intended for use or designed for use in compounding
controlled substances.
Capsules, balloons, envelopes and other containers
used, intended for use or designed for use in packaging small quantities
of controlled substances.
Containers and other objects used, intended
for use or designed for use in storing or concealing controlled substances.
Hypodermic syringes, needles and other objects
used, intended for use or designed for use in parenterally injecting
controlled substances into the human body.
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:
Metal, wooden, acrylic, glass, stone, plastic
or ceramic pipes, with or without screens, permanent screens, hashish
heads or punctured metal bowls.
Water pipes.
Carburetion tubes and devices.
Smoking and carburetion masks.
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.
Miniature cocaine spoons and cocaine vials.
Chamber pipes.
Carburetor pipes.
Electric pipes.
Air-driven pipes.
Chillums.
Bongs.
Ice pipes or chillers.
Marijuana or concentrated cannabis, as defined by Public
Health Law § 3302 of the State of New York.
A person who has not attained the age of 18 years.
To sell, exchange, give or dispose of to another, or to offer
or agree to do the same.
[Amended 12-8-2022 by L.L. No. 1-2023]
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.
[Amended 12-8-2022 by L.L. No. 1-2023]
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 also be unlawful for any person to possess
with intent to sell 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.
[Amended 12-8-2022 by L.L. No. 1-2023]
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 paraphernalia
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.
[Amended 12-8-2022 by L.L. No. 1-2023]
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. It shall also be unlawful for any person to possess
with intent to sell 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.
[Amended 12-8-2022 by L.L. No. 1-2023]
Any drug paraphernalia used in violation of
this chapter and any controlled substance or marijuana possessed with
the intent to deliver or sell 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.
[Amended 12-8-2022 by L.L. No. 1-2023]
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, controlled
substances, and/or marijuana in violation of this chapter.
[Amended 3-17-1992 by L.L. No. 1-1992; 12-8-2022 by L.L. No. 1-2023]
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 $500. 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 $1,500. Any business
establishment deemed to be in violation of this chapter may have its
permit and/or certificate of occupancy or compliance revoked by the
Building Inspector.
[Amended 3-17-1992 by L.L. No. 1-1992; 12-8-2022 by L.L. No. 1-2023]
This chapter shall be jointly administered and
enforced by the Greece Department of Public Safety and the Building
Inspector.
