[HISTORY: Adopted by the Town Board of the
Town of Wheatfield 5-17-1982 by L.L. No. 4-1982. Amendments noted where
applicable.]
The Town Board of the Town of Wheatfield finds
the growing and continued use of controlled substances and marijuana
to be detrimental to the health, safety and welfare of the community.
The Town Board further finds that shops and stores which openly display
objects whose primary purposes are drug related facilitates the illegal
use of controlled substances and marijuana. Therefore, the Town Board
bans the possession, delivery, manufacture and sale of drug paraphernalia.
As used in this chapter, the following terms
shall have the meanings indicated;
A spoon with a bowl so small that the primary use for which
it is reasonably adopted or designed is to hold or administer cocaine,
and which is so small as to be unsuited for the typical, lawful uses
of a spoon. A cocaine spoon may or may not be labeled as a "cocaine
spoon" or "coke spoon."
Any controlled substance as defined by Subdivision 5 of § 220.00
of the New York State Penal Law.
To 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 for use in 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 or marijuana as defined by § 220.00
(Subdivisions 5 and 6) of the New York Penal Law. The term "drug paraphernalia"
as used herein does not include any item of substance of which knowing
possession thereof would constitute a crime under § 220.50
of the 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,
mannitol, 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.
Blending 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 in 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, that 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 Subdivision
6 of § 220.00 of the New York State Penal Law.
A pipe characterized by a bowl which is so small that the
primary use for which it is reasonably adopted or designed is the
smoking of marijuana or hashish, rather than the lawful smoking of
tobacco, and which may or may not be equipped with a screen.
A person who has not attained the age of 18 years.
In violation of Article 33 of the Public Health Law.
A.
Possession of drug paraphernalia. It shall be unlawful
for any person to knowingly use or possess with intent to use 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 to unlawfully manufacture, 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.
B.
Manufacture of drug paraphernalia. 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, ingesting, inhaling or otherwise introducing
into the human body a controlled substance or marijuana.
C.
Delivery of drug paraphernalia. It shall be unlawful
for any person to knowingly deliver drug paraphernalia to another
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, ingesting, inhaling
or otherwise introducing into the human body a controlled substance
or marijuana.
D.
Sale of drug paraphernalia. It shall be unlawful for
any person to knowingly sell or possess 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 equipment, products or materials for purposes of
unlawfully manufacturing, compounding, converting, producing, processing,
preparing, testing, analyzing, packaging, containing, concealing,
injecting, ingesting, inhaling or otherwise introducing into the human
body a controlled substance or marijuana.
E.
This section 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. This section shall not be construed
to prohibit any possession, manufacture or use of hypodermics made
lawful by § 220.45 of the Penal Law.
F.
Any drug paraphernalia used in violation of this section
shall be seized by and forfeited to the agency enforcing this chapter
in accordance with state law.
G.
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.
In determining whether an object is drug paraphernalia,
a court or other authority should consider, in addition to all other
logically relevant factors, the presence of any of 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 or she knows or should reasonably know intend 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 the use or designed for use as drug paraphernalia.
F.
Instructions, oral or written, provided with the object
or depicting its use.
G.
Descriptive materials accompanying the object which
explain or depict its use.
H.
National and local 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 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.
A.
It shall be unlawful to sell, barter, exchange, deliver
or give away or cause or permit or procure to be sold, bartered, exchanged,
delivered or given away smoking accessories to any person under 18
years of age.
B.
It shall be unlawful to sell, barter, exchange, deliver
or give away or cause or permit or procure to be sold, bartered, exchanged,
delivered or given away smoking herbs to any person under 18 years
of age.
C.
Any person under the age of 18 who presents or offers
to any vendor or to the agent or employee of such vendor any written
evidence of age which is false, fraudulent or not actually his or
her own for the purpose of purchasing or attempting to purchase any
smoking accessory or herb shall be guilty of a violation of this chapter.
D.
Warning to minors. Any person, firm, partnership,
company or corporation operating a place of business wherein smoking
accessories and smoking herbs are sold or offered for sale shall post
in a conspicuous place upon the premises a sign upon which there shall
be imprinted the following statement: "SALE OF SMOKING ACCESSORIES
AND SMOKING HERBS TO PERSONS UNDER 18 YEARS OF AGE IS PROHIBITED BY
LAW. THE MISREPRESENTATION OF AGE TO PROCURE SUCH A SALE IS PROHIBITED
BY LAW." Such a sign shall be printed on a white card in red letters
at least 1/2 inch in height.
E.
The sale of smoking accessories or of drug paraphernalia
to a minor shall constitute presumptive evidence that such sale was
permitted in contravention of this chapter by the person exercising
dominion or control over the business premises in which the sale was
made.
It shall be unlawful for any person to place
in any newspaper, magazine, handbill or other publication any advertisement
knowing or under circumstances where one reasonable should know that
the purpose of the advertisement, in whole or in part, is to promote
the sale of objects designed or intended for use as drug paraphernalia.
The provisions of this chapter shall be in addition
to and/or supplemental to any applicable general state laws.
A person who shall violate any provision of
this chapter shall, upon conviction, be subject to a fine of not less
than $150 and not more than $250 for each such violation, and every
violation of this chapter shall constitute disorderly conduct, and
every person violating or aiding and abetting a violation of this
chapter shall be a disorderly person and shall, upon conviction, be
subject to the aforesaid fine and imprisonment for not more than 15
days, or to both such fine and imprisonment for each such violation.
Each day that a violation of this chapter shall continue shall constitute
a separate violation hereof.
