[HISTORY: Adopted by the Board of Trustees of the Village of Massapequa Park 6-25-1979 by L.L. No. 9-1979. Amendments noted where applicable.]
As used in this chapter, unless clearly stated otherwise, the following words and terms shall have the following meanings:
- CONTROLLED SUBSTANCE
- Has the same meaning as defined in § 3302 of the Public Health Law of the State of New York or any successor law.
- DRUG-RELATED PARAPHERNALIA
- Any machine, instrument, tool, equipment or device used or intended to be used for the following purpose: to introduce into the human body 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 flyer used in conjunction with drug-related paraphernalia which is primarily intended to disseminate information for one or more of the following purposes:
- A. 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. 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 and possession of such controlled substance in violation of the laws of the State of New York.
- C. To advertise, describe, explain, depict or display any drug-related paraphernalia.
- Any person under the age of 18.
It shall be unlawful for any person, firm or corporation to sell, offer for sale, promote and/or facilitate the sale, use or purchase of drug-related paraphernalia.
The simultaneous possession of drug-related paraphernalia and drug-related printed matter shall constitute a presumption that the person so possessing such paraphernalia and printed matter intended the paraphernalia to be used for the purpose listed in the definition of "drug-related paraphernalia" in § 122-1.
The Village of Massapequa Park may revoke the certificate of occupancy upon a finding pursuant to a hearing held in the Supreme Court or any other court of competent jurisdiction that such person, firm or corporation has sold or offered for sale drug-related paraphernalia or has permitted said sale within the premises for which such certificate has been granted.
The Mayor and/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 § 122-2 of this chapter.
Any person, firm or corporation who has sold or offered for sale any drug-related paraphernalia shall be subject to a fine and/or civil penalty.
[Amended 11-22-1993 by L.L. No. 18-1993]