This chapter shall be known as the "Paraphernalia Ordinance of the Township
of Middlesex."
The following words and phrases when used in this chapter shall, for
the purposes of this chapter, have the meanings respectively ascribed to them
in this section, except where the context clearly indicates a different meaning:
COCAINE SPOON
A spoon with a bowl so small that the primary use for which it is
reasonably adapted 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 merchandised on a chain and may or may not be labeled
as a "cocaine spoon" or "coke spoon."
CONTROLLED SUBSTANCE
Any drug, substance or immediate precursor enumerated in Section
4 of the Act of April 14, 1972, P.L. 233, No. 64, as amended, 35 P.S. §
780-104; being Section 4 of what is commonly known as "The Controlled Substance,
Drug, Device and Cosmetic Act" of 1972.
MARIJUANA OR HASHISH PIPE
A pipe characterized by a bowl which is so small that the primary
use for which it is reasonably adapted or designed is the smoking of marijuana
or hashish, rather than lawful smoking tobacco, and which may or may not be
equipped with a screen.
PARAPHERNALIA or DRUG PARAPHERNALIA
A.
All equipment, products and materials of any kind which are used, intended
for use or designed for use in planting, propagating, cultivating, growing,
harvesting, 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 in violation of this chapter. It includes,
but is not limited to:
(1)
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.
(2)
Kits used, intended for use or designed for use in manufacturing, compounding,
converting, producing, processing or preparing controlled substances.
(3)
Isomerization devices used, intended for use or designed for use in
increasing the potency of any species of plant which is a controlled substance.
(4)
Testing equipment used, intended for use or designed for use in identifying
or in analyzing the strength, effectiveness or purity of controlled substances.
(5)
Scales and balances used, intended for use or designed for use in weighing
or measuring controlled substances.
(6)
Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite,
dextrose and lactose, used, intended for use or designed for use in cutting
controlled substances.
(7)
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.
(8)
Blenders, bowls, containers, spoons and mixing devices used, intended
for use or designed for use in compounding controlled substances.
(9)
Capsules, balloons, envelopes or other containers used, intended for
use or designed for use in packaging small quantities of controlled substances.
(10)
Containers and other objects used, intended for use or designed for
use in storing or concealing controlled substances.
(11)
Hypodermic syringes, needles and other objects used, intended for use
or designed for use in parenterally injecting controlled substances into the
human body.
(12)
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:
(a)
Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with
or without screens, permanent screens, hashish heads, or punctured metal bowls.
(c)
Carburetion tubes and devices.
(d)
Smoking and carburetion masks.
(e)
Roach clips: 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.
(f)
Miniature cocaine spoons and cocaine vials.
B.
In determining whether an object is paraphernalia or drug paraphernalia,
a court or other authority should consider, in addition to all other logically
relevant factors, the following:
(1)
Statements by an owner or by anyone in control of the object concerning
its use.
(2)
Prior convictions, if any, of an owner or of anyone in control of the
object under any Township ordinance, state or federal law relating to any
controlled substance.
(3)
The proximity of the object, in time and space, to a direct violation
of this chapter.
(4)
The proximity of the object to controlled substances.
(5)
The existence of any residue of controlled substances on the object.
(6)
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 knows 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
use or designed for use as drug paraphernalia or paraphernalia.
(7)
Instructions, oral or written, provided with the object concerning its
use.
(8)
Descriptive materials accompanying the object which explain or depict
its use.
(9)
National and local advertising concerning its use.
(10)
The manner in which the object is displayed for sale.
(11)
Direct or circumstantial evidence of the ratio of sales of the object(s)
to the total sales of the business enterprise.
(12)
The existence and scope of legitimate uses for the object in the community.
(13)
Expert testimony concerning its use.
PERSON
An individual, corporation, government or governmental subdivision
or agency, business trust, estate, trust, partnership or association.
PLACE OF DISPLAY
Any museum, library, school or other similar public place upon which
business is not transacted for profit.
PREMISES
A business establishment and the structure of which it is a part
and facilities and appurtenances therein and grounds, areas and facilities
held out for the use of patrons.
This chapter shall not be construed to prohibit the display by police
or other police-sanctioned authorities of drug paraphernalia or paraphernalia
for educational or demonstrative use.
The prohibitions contained in this chapter shall not apply to manufacturers,
wholesalers, jobbers, licensed medical technicians, paramedics, technologists,
nurses, hospitals, research teaching institutions, clinical laboratories,
medical doctors, osteopathic physicians, dentists, chiropodists, veterinarians,
pharmacists or embalmers in the normal lawful course of their respective businesses
or professions, nor to common carriers or warehousers or their employees engaged
in the lawful transportation of such paraphernalia, nor to public officers
or employees while engaged in the performance of their official duties, nor
to persons suffering from diabetes, asthma or any other medical condition
requiring self injection.
This chapter is hereby declared to be an emergency measure necessary
for the immediate preservation of the public health, safety and welfare of
the Township of Middlesex, and for the further reason that sale and use of
drug paraphernalia is a presently existing and serious danger to youths and
other residents of the Township which requires immediate regulation.
Any person who violates or permits a violation of this chapter shall,
upon conviction in a summary proceeding brought before a District Justice
under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary
offense and shall be punishable by a fine of not more than $1,000, plus costs
of prosecution. In default of payment thereof, the defendant may be sentenced
to imprisonment for a term not exceeding 90 days. Each day or portion thereof
that such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this chapter that is violated shall
also constitute a separate offense.