Township of Pocono, PA Chapter 164 Drug Paraphernalia

[HISTORY: Adopted by the Board of Supervisors (now Board of Commissioners) of the Township of Pocono 5-5-1981 by Ord. No. 35. Amendments noted where applicable.]

GENERAL REFERENCES

Smoking — See Ch. 349.

Zoning — See Ch. 470.

§ 164-1 Findings and purposes.

A. Findings. The Board of Commissioners of Pocono Township hereby finds and declares that:

(1) The unlawful use of controlled substances exists throughout the Commonwealth of Pennsylvania generally, and the Township of Pocono in particular, and is injurious to the public health, safety, convenience, morals and general welfare; and

(2) Certain paraphernalia are designed to facilitate the unlawful use or administration of controlled substances.

B. Purposes. Therefore, it is hereby declared to be the policy of the Board of Commissioners of Pocono Township to deter and prevent the sale, dispensing, giving away or display of certain paraphernalia hereinafter defined.

§ 164-2 Definitions.

Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings indicated in this section:

COCAINE SPOON

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."

CONTROLLED SUBSTANCE

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").

MARIJUANA OR HASHISH PIPE

A pipe characterized by a bowl which is so small that the primary use for which it is reasonably adapted or designed is the smoking of marijuana or hashish, rather than lawful smoking of tobacco, and which may or may not be equipped with a screen.

PARAPHERNALIA

Containers and other objects primarily adapted or designed for use in storing or concealing controlled substances; objects primarily adapted or designed for use in injecting, ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish oil into the human body, such as:

A. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with screens, permanent screen, 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 materials, 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. Air-driven pipes;

K. Chillums;

L. Bongs;

M. Ice pipes or chillers.

PERSON

An individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association.

PREMISES

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.

§ 164-3 Unlawful acts.

It shall be unlawful for any person to sell, offer for sale, dispense, give away or display any cocaine spoon, marijuana pipe, hashish pipe or any other paraphernalia, as herein defined, in or upon any premises.

§ 164-4 Applicability; exceptions.

The prohibition contained in § 164-3 hereof shall not apply to 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.

§ 164-5 Violations and penalties.

[Amended 7-3-2000 by Ord. No. 93[1]]

This chapter shall be enforced by action brought before a Magisterial District Judge in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Any person, partnership, corporation or other entity who or which violates or permits a violation of the provisions of this chapter shall, upon conviction in a summary proceeding, pay a fine of not more than $1,000, plus the costs of prosecution, and, in default of the payment of the fine and costs of prosecution, shall be imprisoned for a period not exceeding 30 days. All fines, penalties, costs and reasonable attorney's fees collected for the violation of this chapter shall be paid to Pocono Township for its general use.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).