[Adopted 2-2-1987 by Ord. No. 86-020]
[Amended 9-16-1991 by Ord. No. 91-027]
As used in this article, the following terms
shall have the meaning indicated:
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.
Shall be defined as it is in the Controlled Substances Act
of the State of Michigan, MCLA § 333.7101 et seq., as amended.
Any item which is used or intended for use with a controlled
substance. "Used or intended for use with a controlled substance"
means that:
The item was primarily designed or adapted,
because of its objective physical features, for use with a controlled
substance;
The item was intended by an individual for use
with a controlled substance;
An individual would know, or should have known,
that the item was intended for use with a controlled substance.
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.
Any person who possesses or has any legal and/or equitable
interest in property.
Any structure, house, building or premises or any part thereof.
A.
Unlawful activity. No person shall sell, offer for
sale, display, furnish, supply, possess or give away any empty gelatin
capsule, hypodermic syringe or needle, cocaine spoon, marijuana pipe,
hashish pipe or any other instrument, implement or device which is
primarily adapted, implemented, utilized, used or designed for the
administration or use of any controlled substance.
[Amended 8-12-1996 by Ord. No. 96-018]
B.
Exceptions. The prohibitions and restrictions set forth in Subsection A hereof regarding hypodermic syringes or needles shall not apply to manufacturers, wholesalers, jobbers, licensed medical technicians, technologists, nurses, hospitals, licensed medical doctors or osteopathic physicians, clinical laboratories or embalmers, in the normal lawful course of their respective businesses or professions, nor to persons suffering from diabetes, asthma or any other medical conditions requiring self-injection.
