Municipality of Bethel Park, PA
Allegheny County
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Table of Contents
Table of Contents
[Adopted by Ord. No. 11-10-80B]
32.1.1. 
As used in this ordinance, the following terms shall have the meanings indicated:
32.1.2. 
DRUG PARAPHERNALIA — 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, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of 35 P.S. 780-101 to 780-144, the Controlled Substance, Drug, Device and Cosmetic Act. It includes but is not limited to:
1. 
Kits used, intended for use or designed for use in planting, propagating, cultivating, growing or harvesting any species of plant which is a controlled substance or from which a controlled substance can be derived.
2. 
Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances.
3. 
Isomerization devices used, 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, 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, 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, intended for use or designed for use in cutting controlled substances.
7. 
Separation gins and sifters used, 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, intended for use or designed for use in compounding controlled substances.
9. 
Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances.
10. 
Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances.
11. 
Hypodermic syringes, needles and other objects used, intended for use or designed for use in parenterally injecting controlled substances into the human body.
12. 
Objects used, 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 with or without 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. 
Chillums.
k. 
Bongs.
l. 
Ice pipes or chillers.
32.1.3. 
In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following:
1. 
Statements by an owner or by anyone in control of the object concerning its use.
2. 
Prior convictions, if any, of an owner or of anyone in control of the object under any state or federal law relating to any controlled substance.
32.1.4. 
The proximity of the object, in time and space, to a direct violation of 35 P.S. 780-101 to 780-144.
32.1.5. 
The proximity of the object to controlled substances.
32.1.6. 
The existence of any residue of controlled substances on the object.
32.1.7. 
Direct or circumstantial evidence of the intent of an owner or of anyone in control of the object to deliver it to persons whom he knows or should reasonably know intend to use the object to facilitate a violation of 35 P.S. 780-101 to 780-144. The innocence of an owner, or of anyone in control of the object, as to a direct violation of 35 P.S. 780-101 to 780-144, shall not prevent a finding that the object is intended for use or designed for use as drug paraphernalia.
32.1.8. 
Instructions, oral or written, provided with the object concerning its use.
32.1.9. 
Descriptive materials accompanying the object which explain or depict its use.
1. 
National and local advertising concerning its use.
2. 
The manner in which the object is displayed for sale.
3. 
Whether the owner or anyone in control of the object is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products.
4. 
Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise.
5. 
The existence and scope of legitimate uses for the object in the community.
6. 
Expert testimony concerning its use.
32.2.1. 
Possession of drug paraphernalia. It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of 35 P.S. 780-101 to 780-144.
32.2.2. 
Manufacture or delivery of drug paraphernalia. It is unlawful for any person to deliver, possess with intent to deliver or manufacture with intent to deliver drug paraphernalia, knowing or under circumstances where one reasonably should know that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of 35 P.S. 780-101 to 780-144.
32.2.3. 
Advertisement of drug paraphernalia. 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.
32.3.1. 
All drug paraphernalia as defined by 32.1 of this ordinance shall be subject to forfeiture to the municipality, and no property right shall exist in them.
32.4.1. 
If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable.
32.5.1. 
Any ordinance or part of an ordinance conflicting with the provisions of this ordinance be and the same is hereby repealed to the extent of such conflict.