[R.O. 2011 § 215.1390; R.O. 2009
§ 135.22; CC 1981 § 20-134; Ord. No. 82-14, 3-17-1982]
Any person eighteen (18) years of age or over who violates Section
215.1305 by delivering drug paraphernalia to a person under eighteen (18) years of age who is at least three (3) years his/her junior is guilty of a separate and special offense and upon conviction shall be subject to the penalty set forth in Section
215.1405.
[R.O. 2011 § 215.1395; R.O. 2009
§ 135.23; CC 1981 § 20-135; Ord. No. 82-14, 3-17-1982]
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.
[R.O. 2011 § 215.1400; Ord. No. 11-77 § 1, 4-20-2011]
A. For purposes of this Section, the following
words mean:
DELIVER
The actual, constructive, or attempted transfer from one
person to another of MDPV, whether or not there is an agency relationship,
and includes a sale.
DISTRIBUTE
To deliver other than by administering or dispensing MDPV.
MDPV
Includes any material, compound, mixture or preparation containing
any quantity of the following substances having a stimulant effect
on the central nervous system, including their salts, isomers and
salts of isomers of 3.4 Methylenedioxyprovalerone, Methylone, Mephedrone,
4-methoxymethcathinone, 4-Fluoromethcathinine, and 3-Fluoromethcathinone.
POSSESS
With the knowledge of the presence and nature of a substance,
either actually or constructively in control of a substance. A person
has actual possession if he/she has the substance on his/her person
or within easy reach and convenient control. A person who, although
not in actual possession, has the power and intention at a given time
to exercise dominion or control over the substance either directly
or through another person or persons is in constructive possession
of it.
B. It shall be unlawful for any person to
possession, distribute or deliver any substance containing MDPV.
C. The penalty for violation of this Section is set forth in Section
100.150 of the Code of Ordinances.
[R.O. 2011 § 215.1405; R.O. 2009
§ 135.99; CC 1981 §§ 20-131, 20-134, 20-136; Ord. No. 75-73, 12-10-1975; Ord. No. 82-14, 3-17-1982; Ord. No. 10-62 § 2, 4-13-2010]
A. Any person who violates the provisions of Section
215.1355,
215.1360 or
215.1390 shall be confined in the City jail for a term of not more than one (1) year or be fined not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000.00), or be punished by both such confinement and fine.
B. Any person who shall violate Section
215.1395 and no penalty is otherwise provided, shall pay a civil penalty as follows:
Section
|
Offense
|
First Offense
|
Second Offense
|
Third and Subsequent Offenses
|
---|
215.1395
|
Advertisement of drug paraphernalia
|
$100.00
|
$300.00
|
$500.00
|