As used in this chapter, the following terms shall have the meanings
indicated:
CONTROLLED SUBSTANCE
A drug, substance or immediate precursor as defined in Schedules
1 through 5 of the Pennsylvania Controlled Substance, Drug, Device and Cosmetic
Act, 35 P.S. § 780-104, or any amendments thereto.
DRUG PARAPHERNALIA
Any objects, devices, instruments, apparatus or contrivances, whose
primary and traditionally exclusive use is involved with the illegal use of
any and all controlled substances under the laws of Pennsylvania.
HEAD SHOP
Any business, the operation of which involves the sale, lease, trade,
gift or display for sale of any and all types of drug paraphernalia.
IMMEDIATE PRECURSOR
A substance which, under the regulations of the Pennsylvania Department
of Health, is a principal compound commonly used or produced primarily for
use, and which is an immediate chemical intermediary used or likely to be
used in the manufacture of a controlled substance.
PERSON
Any individual, partnership, firm, association, corporation or other
legal entity.
PLACE
Includes but is not limited to any building, structure or space or
any separate part or portion thereof, whether permanent or not, or the ground
itself.
TRADITIONALLY EXCLUSIVE USE
A use which is primary and inherent as opposed to secondary and incidental,
and is associated with certain knowledge or beliefs derived from statements
of contemporary persons and handed down through a considerable period of time.
Upon a specific finding that a public nuisance, as defined in §
93-2 of this chapter, exists in Adams Township, the Police Department in applying the provisions of this chapter to such nuisance shall:
A. Declare the fact that such nuisance exists.
B. Set forth the description or legal description and street
address of the place which constitutes the nuisance.
C. Set forth the evidentiary facts considered by the Police
Department in arriving at its factual determination.
(1) In the case of drug paraphernalia, such facts shall include
a recitation of the particular drug paraphernalia or types of drug paraphernalia
considered by the Police Department, and those which the Police Department
finds to be patently offensive. The basis for the finding by the Police Department
that such drug paraphernalia is displayed, sold or held for sale at any place
found by the Police Department to be a public nuisance and the basis of the
finding by the Police Department that such drug paraphernalia constitutes
a part of the stock in trade of such place of business or other place.
D. Order all persons described in §
93-3A hereof to summarily abate such public nuisance within 24 hours of service of such order on any such subject matter or to cease to use the place where the nuisance is declared to exist or to terminate the use of said premises or to cause the same to be terminated.
E. Order the Solicitor to proceed to do all things necessary to abate such public nuisance through judicial proceedings and to conclude such proceedings as expeditiously as is permissible under the law, including requesting the court to advance such proceedings on the calendar of the court as provided for under §
93-6 hereof.
F. Inform and give notice to persons designated in §
93-3A that:
(1) The Police Department has determined that a public nuisance presently exists at such place and address and that, under §
93-3A of this chapter, they are deemed to have knowledge thereof and are responsible therefor.
(2) In the event that the order of Adams Township has not been complied with within 24 hours, the Police Department has ordered the Solicitor, as provided for under §
93-6 hereof, to commence necessary legal proceedings naming such persons as defendants in a civil action to abate the same judicially under §
93-4 of this chapter and, under § 96-3A and B of this chapter, the costs of abatement of such civil abatement action filed, including investigative costs, court costs, attorneys' fees and other expenses, are made a special assessment against the parcel of land upon which such nuisance is being maintained and, upon their determination in such court action, will be a separate legal procedure and will be made a lien against such property and a personal obligation against any person, persons, firm, association, partnership, corporation or other entity deemed to be in violation of this chapter.
(3) All drug paraphernalia being used in conducting and maintaining
such public nuisance are contraband and the subject of forfeiture.
(4) From and after service on the place or its manager or
acting manager or person then in charge of such place, of a true and correct
copy of this chapter, any and all valuable consideration received for the
sale of drug paraphernalia is a public nuisance as personal property used
in conducting and maintaining such nuisance and, as such, is the subject of
forfeiture.
G. Order that a true and correct copy of this chapter be
delivered forthwith in any manner normally used to effectuate personal service
of process to all persons of record having any legal or equitable interest
in the real property and to the regular or acting manager or persons in charge
of the place therein declared a public nuisance.
Upon a specific finding by the Police Department of the fact that a
public nuisance exists at a particular location, the Solicitor, with the approval
of the Board of Supervisors, is authorized to take whatever action is appropriate.
Approval of the Board of Supervisors may be by formal resolution or informally
followed by formal ratification.