[HISTORY: Adopted by the Board of Supervisors
of the Township of East Manchester as indicated in article histories.
Amendments noted where applicable.]
GENERAL REFERENCES
Northeastern Regional Police Department — See
Ch. 29.
[Adopted 9-11-1990 by Ord. No. 9-11-90[1] (Ch. 47, Art. I, of the 1988 Code)]
[1]
Editor's Note: The preamble of this ordinance
read as follows:
"The Township of East Manchester, York County,
Pennsylvania, acting pursuant to the Intergovernmental Cooperation
Act, Act of July 12, 1972, No. 180 (53 P.S. § 481 et seq.)
hereby enacts this ordinance adopting a Municipal Drug Task Force
Agreement (hereinafter referred to as the 'agreement') with the Office
of the Attorney General of the Commonwealth of Pennsylvania to enforce
narcotics and illegal drug laws and thereby to preserve the safety
and welfare of the community."
The text of said agreement is on file in the
Township offices.
The Township of East Manchester has evidenced
its intent to participate in the Municipal Drug Task Force activities
in cooperation with the Commonwealth's Office of Attorney General
designed to interdict the illegal use and trafficking of narcotics
and other illegal drugs within its municipal boundaries, as well as
within the boundaries of nearby communities.
This agreement[1] may include intergovernmental cooperative activities with
adjacent and nearby municipal governments as part of a regional effort
to interdict illegal drug activities.
[1]
Editor's Note: Said agreement is on file in
the Township offices.
The Township of East Manchester shall utilize
the services of its police force, both full-time as well as part-time,
under the conditions set forth in the agreement and in compliance
with the Municipal Police Jurisdiction Act, 42 Pa.C.S.A. § 8953.
The Township of East Manchester shall establish,
pursuant to the terms of the agreement, which is attached hereto and
incorporated as a part of this article,[1] appropriate procedures to comply with all relevant provisions
of the agreement and relevant regulations, direction and guidance
from the Office of the Attorney General.
[1]
Editor's Note: The text of said agreement
is on file in the Township offices.
The term of the agreement shall commence on
September 11, 1990, and may be terminated at any time upon 30 days'
written notice.
The purpose and objectives of the agreement
include region-wide coordination of municipal police activities in
an effort to combat illegal narcotics and drug trafficking.
The agreement shall be financed with the assistance
of funds supplied by the Office of the Attorney General of the Commonwealth
of Pennsylvania.
The organizational structure necessary to implement
the terms of this agreement shall be covered by directives, procedures
and guidance from the Office of the Attorney General and other area
police departments.
All property, real or personal, acquired, managed
or disposed of pursuant to this agreement shall be in accordance with
both the terms of the agreement as well as the directives, procedures
and guidance of the Office of the Attorney General.
The municipality shall retain responsibility
for the management, control and direction of its employees with assistance,
financial or otherwise, from the Office of the Attorney General.
[Adopted 2-11-2014 by Ord. No. 2014-1]
This article shall be known and may be cited as Ordinance No.
2014-1, the "East Manchester Township Drug Paraphernalia Ordinance."
This chapter is hereby declared to be a measure necessary for
the preservation of the public health, safety and welfare of the Township,
and for the further reason that sale and use of drug paraphernalia
is a presently existing and serious danger to youths and other residents
of the Township which requires regulation.
As used in this chapter, the following terms shall have the
meanings 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."
Any drug, substance or immediate precursor enumerated in
Section 4 of the Act of April 14, 1972, P.L. 233, No. 64, as amended,
35 P.S. § 780-104; being Section 4 of what is commonly known
as "The Controlled Substance, Drug, Device and Cosmetic Act of 1972,"
35 P.S. § 780-101, et seq., as amended, (the "Act").
All equipment, products and materials of any kind which are
used, intended for use or designed for use in planting, propagating,
cultivating, growing, harvesting, manufacturing, compounding, converting,
producing, processing, preparing, testing, analyzing, packaging, repackaging,
storing, containing, concealing, injecting, inhaling or otherwise
introducing into the human body a controlled substance or any physically
or mentally altering substance in violation of the Act. The term does
not include the possession, manufacture, delivery, or sale of hypodermic
needles or syringes. The term expressly includes without limitation:
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 shifters 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.
Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes,
or any other type of pipe, with or without screens, permanent screens,
hashish heads or punctured metal bowls. All such pipes shall be considered
drug paraphernalia under this article regardless of the fact that
such pipe may be used for tobacco purposes.
Objects used or designed for use in ingesting, inhaling, or
otherwise introducing controlled substances, including without limitation
marijuana, cocaine, hashish or hashish oil, into the human body, such
as:
Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes,
or any other type of pipe, including without limitation water pipes,
ice pipes and chillers, and carburetor pipes.
Carburetion tubes or 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 hand.
Miniature cocaine spoons and cocaine vials.
Bongs and water bongs.
Items that can be used to introduce substances into the human
body that may be used for a legitimate purpose in business, industry
or medicine but can be used to cause intoxication, inebriation, stupefaction
or cause other physical or mental impairment.
An individual, corporation, government or governmental subdivision
or agency, business trust, estate, trust, partnership or association.
Any museum, library, school or other similar public place
upon which business is not transacted for profit.
A business establishment and the structure of which it is
a part and facilities and appurtenances therein and grounds, areas
and facilities held out for the use of patrons.
A.Â
Sale, delivery or manufacturing prohibited. A person may not sell,
deliver, or possess with intent to sell or deliver, or manufacture
with intent to sell or deliver, drug paraphernalia.
B.Â
Advertisement. It shall be unlawful for any person to place in any
newspaper, magazine, handbill or other publication any advertisement,
knowing that the purpose of the advertisement, in whole or in part,
is to promote the sale or delivery of drug paraphernalia.
The prohibitions contained in this chapter shall not apply to
manufacturers, wholesalers, jobbers, licensed medical technicians,
paramedics, technologists, nurses, hospitals, research teaching institutions,
clinical laboratories, medical doctors, osteopathic physicians, dentists,
chiropodists, veterinarians, pharmacists or embalmers in the normal
lawful course of their respective businesses or professions, nor to
common carriers or warehousers or their employees engaged in the lawful
transportation of such paraphernalia, nor to public officers or employees
while engaged in the performance of their official duties, nor to
persons suffering from diabetes, asthma or any other medical condition
requiring self-injection which has been prescribed by a licensed medical
professional.
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding brought before a District
Justice under the Pennsylvania Rules of Criminal Procedure, be guilty
of a summary offense and shall be punishable by a fine of not more
than $1,000, plus costs of prosecution, including without limitation
filing fees, court costs, and attorney fees. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense. For purposes of this section, the Board
of Supervisors of East Manchester Township hereby appoints the Codes
Enforcement Officer as an authorized representative, whom may, in
addition to any police officer with jurisdiction within the Township,
commence and pursue enforcement proceedings pursuant to this section.
