[Ord. 50-1980, 81 § 2, passed 10-13-1980]
(a)
"Drug paraphernalia" means all equipment, products and materials
of any kind which are used, intended for use or designed for use,
in injecting, ingesting, inhaling or otherwise introducing into the
human body a controlled substance in violation of the Controlled Substance,
Drug Device and Cosmetic Act. It includes, but is not limited to:
(1)
Hypodermic syringes, needles and other objects used, intended
for use or designed for use in parenterally injecting controlled substances
into the human body; and
(2)
Objects used, intended for use or designed for use in ingesting,
inhaling or otherwise introducing marihuana, 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 marihuana 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.
(b)
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 City, State or federal law relating to any
controlled substance;
(3)
The proximity of the object, in time and space, to a direct
violation of this article;
(4)
The proximity of the object to controlled substances;
(5)
The existence of any residue of controlled substances on the
object;
(6)
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 this article. The innocence of an owner or of anyone
in control of the object, as to a direct violation of this article
shall not prevent a finding that the object is intended for use, or
designed for use as "drug paraphernalia";
(7)
Instructions, oral or written, provided with the object concerning
its use;
(8)
Descriptive materials accompanying the object which explain
or depict its use;
(9)
National and local advertising concerning its use;
(10)
The manner in which the object is displayed for sale; and
(11)
Expert testimony concerning its use.
[Ord. 50-1980, 81 § 2, passed 10-13-1980]
(a)
It is unlawful for any person to use, or to possess with intent to
use, drug paraphernalia to inject, ingest, inhale or otherwise introduce
into the human body a controlled substance in violation of this article.
(b)
It is unlawful for any person to deliver, sell, possess with intent
to deliver or sell, or manufacture with intent to deliver or sell,
drug paraphernalia, knowing, or under circumstances where one reasonably
should know, that it shall be used to inject, ingest, inhale or otherwise
introduce into the human body a controlled substance in violation
of this article.
(c)
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 intended for use as drug paraphernalia.
(d)
Any person 18 years of age or over who violates subsection (b) hereof by delivering drug paraphernalia to a person under 18 years of age who is at least three years his junior is guilty of a special offense.
(e)
This section does not apply to manufacturers, practitioners, pharmacists
and owners of pharmacies whose conduct is in accordance with State
law. This section shall not be construed to prohibit any lawful possession,
manufacture or use of hypodermics.
(f)
Any drug paraphernalia used in violation of this section shall be
seized and forfeited to the City.
[Ord. 50-1980, 81 § 4, passed 10-13-1980]
Whoever violates any provision of this article 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 $300 nor more
than $500 together with costs 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 article shall be enforceable and recoverable in
the manner and at the time provided by applicable law. Upon refusal
of any person convicted of a violation of this article to pay such
fine and costs, such person shall be imprisoned in the Lebanon County
Correctional Facility for a period not exceeding 90 days.
