[HISTORY: Adopted by the Borough Council of the Borough of Littlestown 3-22-1983 by Ord. No. 338 (Ch. 21 of the 1994 Code). Amendments noted where applicable.]
This chapter shall be known as the "Borough of Littlestown Controlled Substance Paraphernalia Prohibition Ordinance."
The people and citizens of the Borough of Littlestown and their duly elected government body are aware that businesses exist in our nation that market, advertise for sale and sell paraphernalia utilized by our residents in the introduction into their bodies of prohibited controlled substances, and that this business is not effectively controlled, regulated or prohibited. The people of Littlestown believe that this industry panders to our youth, encourages them to utilize controlled substances and, in this way, encourages such persons in the illegal use of the same. The people of Littlestown and its Council believe that such use of controlled substances is harmful to the user thereof and poses a clear, present and substantial danger to the health and welfare of the citizens who utilize such substances. Therefore, this chapter is adopted to promote the health, safety and public welfare of the citizens and inhabitants of the Borough of Littlestown.
This chapter and the objectives leading to its enactment are authorized by the following provisions of the Borough Code: 8 Pa.C.S.A. §§ 1006(4), 1202(4) and (5), and 1203.
As used in this chapter, the following terms shall have the meanings indicated:
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 the Controlled Substance Drug, Device and Cosmetic Act of the Commonwealth of Pennsylvania.[1] The term includes, but is not limited to:
A. 
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.
B. 
Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances.
C. 
Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance.
D. 
Testing equipment used, intended for use or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances.
E. 
Scales and balances used, intended for use or designed for use in weighing or measuring controlled substances.
F. 
Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use or designed for use in cutting controlled substances.
G. 
Separation grinders and sifters used, intended for use or designed for use in removing twigs and seeds from or otherwise in cleaning or refining marijuana.
H. 
Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding controlled substances.
I. 
Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances.
J. 
Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances.
K. 
Hypodermic syringes, needles and other objects used, intended for use or deigned for use in parenterally injecting controlled substances into the human body.
L. 
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:
(1) 
Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls.
(2) 
Water pipes.
(3) 
Carburetion tubes and devices.
(4) 
Smoking and carburetion masks.
(5) 
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.
(6) 
Miniature cocaine spoons and cocaine vials.
(7) 
Chamber pipes.
(8) 
Carburetor pipes.
(9) 
Electric pipes.
(10) 
Air-driven pipes.
(11) 
Chillums.
(12) 
Bongs.
(13) 
Ice pipes or chillers.
[1]
Editor's Note: See 35 P.S. § 780-101 et seq.
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:
A. 
Statements by an owner or by anyone in control of the object concerning its use.
B. 
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.
C. 
The proximity of the object, in time and space, to a direct violation of 35 P.S. § 780-101 or 780-144.
D. 
The proximity of the object to controlled substances.
E. 
The existence of any residue of controlled substances on the object.
F. 
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 or 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 or 780-144 shall not prevent a finding that the object is intended for use or designed for use as drug paraphernalia.
G. 
Instructions, oral or written, provided with the object concerning its use.
H. 
Descriptive materials accompanying the object which explain or depict its use.
I. 
National and local advertising concerning its use.
J. 
The manner in which the object is displayed for sale.
K. 
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.
L. 
Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise.
M. 
The existence and scope of legitimate uses for the object in the community.
N. 
Expert testimony concerning its use.
A. 
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 34 P.S. § 780-101 or 780-144.
B. 
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.
C. 
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 part, is to promote the sale of objects designed or intended for use as drug paraphernalia.
All drug paraphernalia, as defined by § 194-4 of this chapter, shall be subject to forfeiture to the municipality, and no property right shall exist therein.
Any person who shall violate this chapter shall be liable, upon summary conviction for a first offense and upon summary conviction for each subsequent offense, to a fine of not less than $100 nor more than $300, together with cost of prosecution, in each case. Each day that a violation shall continue shall be deemed to be a separate offense and shall be punishable as such. Fines and costs imposed under the provisions of this chapter shall be enforceable and recoverable in the manner and at the time provided by applicable law. Upon refusal of any persons convicted of a violation of this chapter to pay such fine and costs, such person shall be imprisoned in the jail of Adams County for a period not exceeding 30 days.