The people and citizens of the Borough of Steelton, and their
duly elected government body, are aware that businesses exist in our
nation that market and advertise for sale and sell paraphernalia that
are 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 aforesaid government
body believes that this industry panders to our youth, encourages
them, physically, to utilize controlled substances and in this way,
encourages such person in the illegal use of controlled substances.
The referred to government body believes 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 persons who
utilize such substances. Therefore, in answer to these factors, this
article is passed to promote the health, safety and public welfare
of the citizens and inhabitants of the Borough of Steelton.
As used in this article, the following terms shall have the
meanings indicated:
DRUG PARAPHERNALIA
All equipment, products and material of any kind which are
used, intended for use, or designed for use in planting, propagating,
cultivating, growing, harvesting, manufacturing, compounding, concerting,
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,
Act of April 14, 1972, P.L. 233, No. 64 (35 P.S. § 780-101
et seq.). It 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 gins and sifters used, intended for use, or designed
for use in removing twigs and seeds from, or in otherwise 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 designed 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;
(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;
Any person who shall violate this article shall be liable, upon
summary conviction for a first offense and upon summary conviction
for each subsequent offense, to a fine not less than $100 nor more
than $600, 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 provision 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
fines and costs, such person shall be imprisoned in the jail of Dauphin
County for a period not exceeding 30 days.