[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.]
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.
Unless otherwise expressly stated, the following terms shall,
for the purpose of this chapter, have the meanings indicated in this
section:
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").
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.
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:
Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes
with screens, permanent screen, hashish heads or punctured metal bowls;
Water pipes;
Carburetion tubes and devices;
Smoking and carburetion masks;
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;
Miniature cocaine spoons and cocaine vials;
Chamber pipes;
Carburetor pipes;
Electric pipes;
Air-driven pipes;
Chillums;
Bongs;
Ice pipes or chillers.
An individual, corporation, government or governmental subdivision
or agency, business trust, estate, trust, partnership or association.
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.
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.
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.
[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.
