[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:
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.
