[HISTORY: Adopted by the Town Board of the Town of Saugerties as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 66.
Smoking — See Ch. 200.
[Adopted 4-11-2012 by L.L. No. 1-2012]
A. 
The purpose of this article is to protect the public interest, welfare, health and safety of citizens within the Town of Saugerties by prohibiting the sale and distribution of synthetic drugs and synthetic marijuana in local retail shops, and prohibiting the purchase of synthetic marijuana and synthetic drugs via Internet and mail order, and prohibiting the possession of synthetic marijuana and synthetic drugs.
B. 
The medical experts at America's 57 poison control centers first raised the alarm about synthetic marijuana in 2009 and bath salts in 2010 after they started receiving calls about people having serious, life-threatening reactions to the substances. In 2010, poison centers nationwide responded to 3,200 calls related to synthetic drugs. In 2011, that number jumped to more than 13,000 calls. Sixty percent of the cases involved patients 25 and younger.
C. 
It has come to the attention of the Town Board that these products are being openly sold and marketed throughout the Town. According to an investigation by the Town Supervisor, several shops in Saugerties are in fact selling these products at local convenience stores. Unlike cigarettes, there is no age restriction placed on the sale of these substances. Reports by concerned citizens have confirmed that local stores are currently selling these substances to minors.
D. 
These synthetically produced substances are sometimes sold and sometimes purchased under the common brand names (including but not limited to): herbal incense, K2, Spice, Spice Gold, Hayze, Spike 99, Zohan, Genie, Yucatan Fire, Funky Monkey, California Dreams, Train Wreck, and herbal smoking blends, incense blends, Barely Legal potpourri, Zohai, King Cobra, Stimulus, Black Mamba, Armageddon, Outer Limits herbal incense, salts and bath salts and other combinations of synthetic and herbal blends.
E. 
The Saugerties Town Board further finds that the continued sale of these substances poses a significant risk to those who use it by producing a drug-like high with dangerous side effects including hallucinations, erratic behavior, psychotic episodes (sometimes prolonged), anxiety, vomiting, increased heart rate and elevated blood pressure, convulsions, heart attacks, and death. Using these substances has resulted in recent ambulance calls and hospitalizations for local youth.
A. 
For the purposes of this article, "synthetic cannabinoid" and "synthetic drug" shall mean any of the following chemical compounds:
Trade or Other Name
Chemical Compound
A-834,735
1-(tetrahydropyran-4-ylmethyl)-1H-indol-3-yl]-(2,2,3,3-tetramethylcyclopropyl)methanone
AB-001
1-pentyl-3-(1-adamantoyl)indole
AM-694
1-(5-fluoropenty1)-3-(2-iodobenzoyl)indole; OR 1-[(5-fluoropentyl)-1H-indol-3-y1]-(2-iodophenyl)methanone
AM-1220
(R)-(1-((1-methylpiperidin-2-yl)methyl)-1H-indol-3-yl)(naphthalen-l-yl)methanone; OR 1-((N-methylpiperidin-2-yl)methyl)-3-(1-naphthoyl)indole; OR 1-[(N-methylpiperidin-2-yl)methyl]-3-(1-naphthoyl)indole
AM-1241
1-(methylpiperidin-2-ylmethyl)-3-(2-iodo-5-nitrobenzoyl)indole
AM-1248
1-[(N-methylpiperidin-2-yl)methyl]-3-(adamant-1-oyl)indole
AM-2201
1-(5-fluoropentyl)-3-(1-naphthoyl)indole
AM-2233
1-[(N-methylpiperidin-2-yl)methyl]-3-(2-iodobenzoyl)indole
BAY 38-7271
(-)-(R)-3-(2-Hydroxymethylindanyl-4-oxy)phenyl-4,4,4-trifluorobutyl- l -sulfonate
CB-13, SAB-378
Naphthalen-1-yl-(4-pentyloxynaphthalen-1-yl)methanone
CP 47,497
5-(1, 1-dimethylheptyl)-2-[(1 R,3S)-3-hydroxycyclohexyl]-phenol; OR 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol; OR [2-(3-hydroxycyclohexyl)-5-(2-methyloctan-2-yl)phenol; OR 5-(1,1-dimethylheptyl)-2-[3-hydroxycyclohexyl]-phenol; OR 2-(3-hydroxycyclohexyl)-5-(2-methyloctan-2-yl)phenol
Cannabicyclohexanol, C8 homologue of CP 47,497
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol; OR 5-(1,1-dimethyloctyl)-2-(3-hydroxycyclohexyl)-phenol
CP 47,497 homologues
Known as the C6, C7, C8 or C9 homologues and also the dimethylhexyl, dimethyloctyl or dimethylnonyl homologues
CP 50,556-1, Levonantradol
9-hydroxy-6-methyl-3-[5-phenylpentan-2-yl] oxy-5,6,6a,7,8,9,10,10a-octahydrophenanthridin-1-yl]acetate; OR [(6S,6aR,9R,10aR)-9-hydroxy-6-methyl-3-[(2R)-5-ph enylpentan-2-yl]oxy-5,6,6a,7,8,9,10,10a-octahydrophenanthridin-1-yl) acetate; OR [9-hydroxy-6-methyl-3-[5-phenylpentan-2-yl]oxy-5,6,6a,7,8,9, 10, 10-aoctahydrophenanthridin-l-yl]acetate
CP 55,940
2-[(1 R,2R,5R)-5-hydroxy-2-(3-hydroxypropyl) cyclohexyl]-5-(2-methyloctan-2-yl)phenol
HU-210
(6aR, 10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10, 10a-tetrahydrobenzo[c] chromen-1-ol; OR (6aR,10aR)-9-(hy droxymethyl)-6,6-dimethyl-3-(2-methyl octan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol; OR 1,1-Dimethylheptyl- 11-hydroxytetrahydrocannabinol
HU-211, Dexanabinol
(6aS, 10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10-atetrahydrobenzo[c]chromen-1-ol; OR (6aS, 10aS)-9-(hydroxymethyl)-6,6-dimethyl- 3-(2-methyloctan-2-yl)-6a,7,10,10-atetrahydrobenzo[c]chromen-1-ol
HU-243
3-dimethylheptyl-11-hydroxyhexahydrocannabinol
HU-308
[(91 R,2R,5R)-2-[2,6-dimethoxy-4-(2-methyloctan-2-yl)phenyl]-7, 7-dimethyl-4-bicyclo[3.1.1]hept-3-enyl]methanol
HU-331
3-hydroxy-2-[(1R,6R)-3-methyl-6-(1-methylethenyl)-2-cyclohexen-l-yl]-5-pentyl-2,5-cyclohexadiene- 1,4-dione
JTE-907
N-(benzol[1,3]dioxol-5-ylmethyl)-7-methoxy-2-oxo-8-pentyloxy-1,2-dihydroquinoline-3-carboxamide
JWH-007
1-pentyl-2-methyl-3-(1-naphthoyl)indole
JWH-015
(2-methyl-1 -propyl-lH-indol-3-yl)-1-naphthalenylmethanone; OR 1-propyl-2-methyl-3-(1-naphthoyl)indole; OR (2-methyl-l-propyl-1H-indol-3-yl)-1-naphthalenylmethanone
JWH-016
(1-butyl-2-methyl- lH-indol-3-yl)-1-naphthalenyl-methanone
JWH018, AM-678
1-pentyl-3-(1-naphthoyl)indole; OR naphthalen-1-yl-(1-pentylindol-3-yl)methanone; OR 1-pentyl-3-(naphthoyl)indole
JWH-019
napthanlen- l -yl-(l-pentylindol-3 -yl)methanone; OR 1-hexyl-3-(1-naphthoyl)indole; OR 1-hexyl-3-(naphthoyl)indole; OR 1-hexyl-3-(naphthalen-1-oyl)indole
JWH-073
1-butyl-3-(1-naphthoyl)indole; OR naphthalene-1-yl-(1-butylindol-3-yl)methanone; OR 1-butyl-3-(naphthoyl)indole
JWH-081
4-methoxynapthalen- l -yl-(1-pentylindol-3-yl)methanone; OR 1 -pentyl-3 -(4-methoxy- l - naphthoyl)indole; OR 4-methoxynaphthalen-1-yl-(1-pentylindole-3-yl) methanone; OR 1-pentyl-3-[ 1-(4-methoxynaphthoy)] indole
JWH-098
1-pentyl-2-methyl-3-(4-methoxy-lnaphthoyl)indole; OR 4-methoxynaphthalen-1-yl-(1-pentyl-2-methylindol-3-yl)methanone
JWH-122
1-pentyl-3-(4-methyl-l-naphthoyl)indole; OR (4-methyl-1 -naphthalenyl)(1-pentyl-lH-indol-3-yl)-methanone
JWH-164
1-pentyl-3-(7-methoxy-l-naphthoyl)indole; OR 7-methoxynaphthalen-l-yl-(1-pentylindol-3-yl)methanone
JWH-167
1-pentyl-3-(phenylacetyl)indole
JWH-175
3-(napthalen-l-ylmethyl)-1-pentyl-1H-indole; OR 1-Pentyl-lH-indol-3-yl-(1-naphthyl)methane
JWH-176
E-1-[1-(1-Naphthalenylmethylene)-1H-inden-3-yl]pentane
JWH-184
1-Pentyl-1H-indol-3 -yl-(4-methyl-l-naphthyl)methane
JWH-199
JWH-200
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole; OR (1-(2-morpholin-4-ylethyl)indol-3-yl)-naphthalen-l-ylmethanone; OR [1-[2-(4-morpholiny])ethyl]-1H-indol-3-yl]-1-naphthalenyl-methanone; OR 1-(244-(morpholinyl)ethyl))-3-(1-naphthoyl)indole
JWH-201
1-pentyl-3-(4-methocyphenylacetyl)indole; OR 1-pentyl-3-(4-methoxyphenylacetyl)indole
JWH-203
2-(2-chlorophenyl)-1-(1-pentylindol-3-yl)ethanone; OR 1-pentyl-3-(2-chlorophenylacetyl)indole
JWH-210
4-ethylnaphthalen-l-yl-(1-pentylindol-3-yl)methanone; OR 1-pentyl-3-(4-ethyl-1-naphthoyl)indole
JWH-250
2-(2-methoxyphenyl)-1-(1-pentylindol-3-yl)ethanone; OR 1-pentyl-3-(2-methoxyphenylacetyl)indole; OR 1-pentyl-3-(methoxyphenylacetyl)indole; OR 1-(1-pentyl-1H-indol-3-yl)-2-(2-methoxyphenyl)-ethanone
JWH-251
2-(2-methylphenyl)-1-(1-pentyl-1H-indol-3-yl)ethanone; OR 1-pentyl-3-(2-methylphenylacetyl)indole
JWH-307
(5-(2-fluorophenyl)-1-pent ylpyrrol-3-yl)-naphthalen-l-ylmethanone
JWH-398
1-pentyl-3-(4-chloro-l-naphthoyl)indole
MAM-2201
4-methyl-1-naphthalenyl(l -fluoropentyl- lH-indol-3-yl)methanone
RCS-4, SR-19
[(4-methoxyphenyl)(1-pentyl-lH-indol-3-yl)methanone]; OR 1-pentyl-3-[(4-methoxy)-benzoyl]indole; OR 1-pentyl-3-(4-methoxybenzoyl)indole; OR (4-methoxyphenyl)(1-pentyl-lH-indol-3-yl)methanone
RCS-8
1-(2-(2-cyclohexylethyl)-1H-indol-3-yl)-2-(2-methyoxyphenylethanone); OR 1-[2-(2-cyclohexylethyl)-1H-indol-3-yl]-2-methoxyphenylethanone; OR 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole
URB597
[3-(3-carbamoylphenyl)phenyl]-N-cyclohexylcarbamate
WIN 48,098, Pravadoline
(4-Methoxyphenyl)- [2-methy 1-1-(2-(4-morpholinyl)ethyl)indol-3-yl]methanone; OR (4-methoxyphenyl)-[2-methyl- l-(2-morpholin-4-ylethyl)indol-3-yl]methanone
WIN 55,212-2
(R)-(+)-[2,3-dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[ 1,2,3-de]-1,4-benzoxazin-6-yl]-l-napthalenylmethanone; OR [2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[(1,2,3-de)-1,4-benzoxazin-6-yl]-1-napthalenyhnethanone
B. 
Generic language 1. The term "cannabimimetic agents" means, collectively, the chemicals that meet the criteria of any one or more of Subsection B(1) through (5). Any substance within the structural classes identified below that is a cannabinoid receptor type 1 (CB1 receptor) agonist as demonstrated by binding studies and functional assays:
(1) 
2-(3-hydroxycyclohexyl)phenol with substitution at-the 5-position of the phenolic ring by alkyl or alkenyl, whether or not substituted on the cyclohexyl ring to any extent.
(2) 
3-(1-naphthoyl)indole or 3-(1-naphthyl)indole by substitution at the nitrogen atom of the indole ring, whether or not further substituted on the indole ring to any extent, whether or not substituted on the naphthoyl or naphthyl ring to any extent.
(3) 
3-(1-naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole ring, whether or not further substituted in the indole ring to any extent, whether or not substituted on the naphthoyl ring to any extent.
(4) 
1-(1-naphthylmethyl)indene by substitution of the 3-position of the indene ring, whether or not further substituted in the indene ring to any extent, whether or not substituted on the naphthyl ring to any extent.
(5) 
3-phenylacetylindole or 3-benzoylindole by substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent, whether or not substituted on the phenyl ring to any extent.
C. 
Terms defined.
BUPHEDRONE
2-(methylamino)-l-phenylbutan-l-one, also known as "methylamino-butyrophenone."
CATHINONE DERIVATIVES
Any other cathinone substitutes defined as structural derivatives of cathinone.
ETHCATHINONE
(RS)-2-ethylamino-l-phenyl-propan-1-one, also known as "ethylpropion."
4-FMC
(RS)-1-(4-fluorophenyl)-2-methylaminopropan-l-one, also known as "4-fluoromethcathinone," "Flephedrone."
MDPV
(RS)-1-(Benzo[1,3]dioxol-5-yl)-2-(pyrrolidin-l-yl)pentan-l-one, also known as Methylenedioxypyrovalerone.
MEPHEDRONE
(RS)-2-methylamino-l-(4-methylphenyl)propan-l-one, also known as "4-methylmethcathinone (4-MMC)," or "4-methylephedrone."
METHYLONE
(+/-)-2-methylamino-1-(3,4-methylenedioxyphenyl)propan-l-one, also known as "M1 ," "3,4-methylenedioxy-N-methylcathinone," "bk-MDMA," "MDMC."
3-FMC
(RS)-1 -(3-fluorophenyl)-2-methylaminopropan-1-one, also known as "3-Fluoromethcathinone."
A. 
No person, or entity, firm, corporation, partnership, association, limited liability company or other entity shall sell, offer to sell or give away, as either a retail or wholesale promotion, or possess, any product, which contains a synthetic cannabinoid or synthetic drug, which may also be referred to as street names and brand names (listed in § 101-1) except as authorized by Subsection B of this section.
B. 
Nothing in this section shall apply to nonprescription over-the-counter drugs approved or regulated by the federal Food and Drug Administration.
C. 
It shall not be a defense that any person, or entity, firm, corporation, partnership, association, limited liability company or other entity that sold, offered for sale or gave away as either a retail or wholesale promotion synthetic cannabinoid or synthetic drugs under the guise of mislabeling such products as tobacco, incense, herbal blend, external use only, not for human consumption, lab certified, does not contain prohibited ingredients, or other such disclaimers.
D. 
It shall not be a defense that any person, or entity, firm, corporation, partnership, association, limited liability company or other entity that sold, offered for sale or gave away as either a retail or wholesale promotion of synthetic cannabinoid or synthetic drugs without knowledge that it was a product containing a synthetic cannabinoid or synthetic drug, if such knowledge was reasonably discoverable.
A violation of § 101-3 of this article shall be punishable as follows:
A. 
First offense: Any person who violates § 101-3 of this article shall be guilty of a violation punishable by a fine not to exceed $250, where such violation constitutes the person's first offense.
B. 
Second offense: Any person who violates § 101-3 of this article shall be guilty of a violation punishable by a fine of not less than $500, where such violation constitutes the person's second offense.
C. 
Third and subsequent offenses: Any person who violates § 101-3 of this article shall be guilty of an unclassified misdemeanor punishable by a fine not to exceed $1,000 and a term of imprisonment not to exceed one year, or both.
The provision of § 101-3 of this article shall not in any way affect the application of any other law, where appropriate, including, but not limited to, New York Penal Law Section 260.10, Endangering the Welfare of a Minor, and Section 260.20(2), Unlawfully Dealing with a Child.
this article shall apply to all actions occurring on or after the effective date of this article.
A. 
If any part or provision of this section is inconsistent with any federal or state statute, law, rule or regulation, then such statute, law, rule or regulation shall prevail.
B. 
If any part or provision of this section or the application thereof to any person or circumstance be adjudged invalid by a court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision of or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this section, or the application thereof to other persons or circumstances.
this article shall be null and void on the day that statewide or federal legislation goes into effect incorporating either the same or substantially similar provisions as are contained in this law, or in the event that a pertinent state or federal administrative agency issues and promulgates regulations preempting such action by the Town of Saugerties. The Saugerties Town Board may determine via resolution whether or not identical or substantially similar statewide legislation has been enacted for the purposes of triggering the provisions of this section.
[Adopted 5-16-2012 by L.L. No.2-2012]
A. 
Public health and safety. The purpose of this article is to protect the public interest, welfare, health and safety of citizens within the Town of Saugerties by prohibiting the sale, purchase, possession and distribution of paraphernalia used to consume illegal drugs.
B. 
It has come to the attention of the Town Board that these products are being openly sold and marketed throughout the Town. According to an investigation by the Town Supervisor of Saugerties, these items are regularly being sold at local convenience stores and gas stations and places that sell tobacco and alcohol. There is no age restriction placed on the sale of these objects, and reports by concerned citizens have confirmed that local stores are currently selling this paraphernalia to minors.
C. 
The vessels observed to be most readily available for sale in local convenience stores are glass pipes, metal pipes, water pipes, and small metal screens used for smoking marijuana, crack cocaine, synthetic marijuana, hashish, and other illegal and synthetic drugs.
D. 
The Saugerties Town Board further finds that the continued sale of these devices poses a significant risk to those who use them by producing a dangerous, drug-induced state, and altered health, altered productivity, and decreased ability to be contributing members of society. Smoking illegal substances and consuming illegal drugs has resulted in ambulance calls and hospitalizations for local citizens, with symptoms including dangerous side effects, hallucinations, erratic behavior, psychotic episodes (sometimes prolonged), anxiety, aggression, vomiting, increased heart rate and elevated blood pressure, convulsions, heart attacks, and death.
As used in this article, the following terms shall have the meanings indicated:
DRUG PARAPHERNALIA
A. 
Includes all equipment, products, devices and materials of any kind which are primarily intended or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, ingesting, inhaling, injecting, or otherwise introducing into the human body a controlled substance in violation of laws governing controlled substances.
B. 
It includes, but is not limited to:
(1) 
Kits used, primarily 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, primarily intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances;
(3) 
Isomerization devices used, primarily 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, primarily 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, primarily 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, primarily intended for use or designed for use in cutting controlled substances;
(7) 
Separation gins and sifters used, primarily 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, primarily intended for use or designed for use in compounding controlled substances;
(9) 
Capsules, balloons, envelopes and other containers used, primarily intended for use or designed for use in packaging small and large quantities of controlled substances;
(10) 
Containers and other objects used, primarily intended for use or designed for use in storing or concealing controlled substances;
(11) 
Long and short glass pipes with shallow bowls; and
(12) 
Objects used, primarily 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, which pipes may or may not have screens, permanent screens, hashish heads or punctured metal bowls;
(b) 
Water pipes;
(c) 
Carburetion tubes and devices;
(d) 
Smoking and carburetion masks;
(e) 
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;
(f) 
Miniature cocaine spoons and cocaine vials;
(g) 
Chamber pipes;
(h) 
Carburetor pipes;
(i) 
Electric pipes;
(j) 
Air-driven pipes;
(k) 
Chillums;
(l) 
Bongs;
(m) 
Ice pipes or chillers;
(n) 
Wired cigarette papers;
(o) 
Cocaine freebase kits.
(p) 
Containers disguised as ordinary items that contain secret compartments to hide or conceal drugs (belt buckles, soda cans, wrist watches, etc.);
(q) 
Other homemade devices assembled for the purpose of consuming illegal drugs.
(r) 
The above paraphernalia items need not have drug residue on them for them to be considered illegal.
C. 
For purposes of this definition, the phrase "primarily intended for use" shall mean the likely use which may be ascribed to an item by a reasonable person.
D. 
For purposes of this definition, the phrase "designed for use" shall mean the use a reasonable person would ascribe to an item based on the design and features of said item.
TOWN ATTORNEY
The Attorney for the Town of Saugerties.
TOWN BOARD
The Town Board (Town Council) of the Town of Saugerties.
A. 
No person shall possess any glass-type smoking device, or any smoking device, used for the consumption of illicit dangerous drugs.
B. 
No person shall carry a glass- or plastic-type smoking device, or any smoking device, used for the consumption of illicit dangerous drugs.
C. 
No person shall carry a glass- or plastic-type smoking device, or any smoking device, used for the consumption of illicit dangerous drugs into any public building, school or other public facility.
D. 
No person shall possess drug paraphernalia, as defined in § 101-10 of this article.
E. 
No person, firm, corporation, partnership, association, limited liability company or other entity shall sell, offer to sell or give away, as either a retail or wholesale promotion, or possess, any product which is designed to be used in the consumption of illegal drugs.
F. 
Nothing in this section prohibits the sale of typical traditional tobacco pipes with deep bowls, without screens, made out of wood or resin, used to smoke legal tobacco.
G. 
It shall not be a defense that any person, firm, corporation, partnership, association, limited liability company or other entity that sold, offered for sale or gave away as either a retail or wholesale promotion, drug paraphernalia, under the false guise of mislabeling such products to be used for tobacco, incense, potpourri, herbal blends or other legal purposes.
H. 
It shall not be a defense that any person, firm, corporation, partnership, association, limited liability company or other entity that sold, offered for sale or gave away as either a retail or wholesale promotion drug paraphernalia without knowledge that it was a product used for smoking or ingesting illegal drugs, if such knowledge was reasonably discoverable.
I. 
It shall not be a defense that any person, firm, corporation, partnership, association, limited liability company or other entity that sold, offered for sale or gave away as either a retail or wholesale promotion drug paraphernalia that was considered clean and without residue.
A. 
Any person who violates this article shall be guilty of an unclassified misdemeanor punishable by a fine of not less than $100 nor more than $500, or imprisonment for not more than six months, or both.
B. 
Second and subsequent offenses. Any person who violates § 101-11 of this article shall be guilty of an unclassified misdemeanor punishable by a fine not to exceed $1,000 and a term of imprisonment not to exceed one year, or both.
The provision of § 101-11 of this article, shall not in any way affect the application of any other law, where appropriate, including, but not limited to, New York Penal Law § 260.10, Endangering the Welfare of a Minor, and § 260.20(2), Unlawfully Dealing with a Child.
No officer, agent or employee of Saugerties, New York, shall be personally liable for any damage resulting from any official determination, order or action required or permitted in the discharge of his duties under this article.