[HISTORY: Adopted by the Board of Commissioners
of the Township of Swatara 5-14-1980 by Ord. No. 1980-7 (Ch. 10, Part 6, of the 1990 Code).
Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 100.
The people and citizens of the Township of Swatara,
and their duly elected government body, are aware that businesses
exist in our nation that market and advertise for sale and sell paraphernalia
that are utilized by our residents in the introduction into their
bodies of prohibited controlled substances and that this business
is not effectively controlled, regulated or prohibited. The aforesaid
government body believes that this industry panders to our youth,
encourages them, physically, to utilize controlled substances and
in this way, encourages such person in the illegal use of controlled
substances. The referred to government body believes that such use
of controlled substances is harmful to the user thereof and poses
a clear, present and substantial danger to the health and welfare
of the persons who utilize such substances. Therefore, in answer to
these factors, this chapter is passed to promote the health, safety
and public welfare of the citizens and inhabitants of the Township
of Swatara.
This chapter and the objectives leading to its
enactment are authorized by the following provisions of the First
Class Township Code, aforesaid:
As used in this chapter, the following terms
shall have the meanings indicated:
All equipment, products and material of any kind which are
used, intended for use, or designed for use in planting, propagating,
cultivating, growing, harvesting, manufacturing, compounding, concerting,
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 the Controlled Substance, Drug, Device and Cosmetic Act,
Act of April 14, 1972, P.L. 233, No. 64 (35 P.S. § 780-101
et seq.). 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;
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, 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.
A.
It is a violation of this chapter for any person to
deliver, by sale or gift, or manufacture with intent to deliver, by
sale or gift, drug paraphernalia, knowing, or under circumstances
where one reasonably should know, that it will be used to plant, propagate,
cultivate, grow, harvest, 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 in violation of this chapter.
B.
It is unlawful for any person to place in any newspaper,
magazine, handbill, or other publication any advertisement, knowing,
or under circumstances where one reasonably 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.
[Amended 4-11-1990 by Ord. No. 1990-1]
Any person who shall violate this chapter shall
be liable, upon summary conviction for a first offense and upon summary
conviction for each subsequent offense, to a fine not less than $100
nor more than $600, together with costs of prosecution, in each case.
Each day that a violation shall continue shall be deemed to be a separate
offense and shall be punishable as such. Fines and costs imposed under
the provision of this chapter shall be enforceable and recoverable
in the manner and at the time provided by applicable law. Upon refusal
of any person convicted of a violation of this chapter to pay such
fines and costs, such person shall be imprisoned in the jail of Dauphin
County for a period not exceeding 30 days.
