Borough of Lemoyne, PA
Cumberland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Lemoyne 9-4-1980 by Ord. No. 530 (Ch. 13, Part 4, of the 1984 Code of Ordinances). Amendments noted where applicable.]
This chapter shall be known as the "Lemoyne Controlled Substance Paraphernalia Prohibition Ordinance."
The people and citizens of the Borough of Lemoyne, and their duly elected governmental body, are aware of the existence of business that market, advertise and sell paraphernalia utilized in the illegal use of prohibited controlled substances, and are also aware that these businesses are not effectively controlled, regulated or prohibited. The aforesaid governmental body believes that the said industry panders to our youth and encourages them to illegally use controlled substances. The referred to governmental body believes that such use of controlled substances is harmful to the users and to the public, and poses a clear, present and substantial danger to the health and welfare of the public. Therefore, in response to the above, this chapter is passed to promote the health, safety and welfare of the citizens and inhabitants of the Borough of Lemoyne.
This chapter and the objectives leading to its enactment are authorized by the following provisions of the Borough Code, aforesaid:
A. 
Section 1006(3).[1]
[1]
Editor's Note: See 8 Pa.C.S.A. § 1006(3).
B. 
Section 1202(5).[2]
[2]
Editor's Note: See 8 Pa.C.S.A. § 1202(4).
C. 
Section 1202(6).[3]
[3]
Editor's Note: See 8 Pa.C.S.A. § 1202(5).
D. 
Section 1202(74).[4]
[4]
Editor's Note: See 8 Pa.C.S.A. § 1203.
The following words and phrases, as used in this chapter, shall have the meaning hereby ascribed thereto, unless the context clearly indicates a different meaning:
ADVERTISEMENT
Any representation, disseminated in any manner or by any means other than by labeling.
CONTROLLED SUBSTANCE
A drug, substance, or immediate precursor as defined in the Controlled Substance, Drug, Device, and Cosmetic Act of 1972, April 14, P.L. 233, 35 P.S. § 780-101 et seq., as amended from time to time.
DRUG PARAPHERNALIA
All equipment, products and materials of any kind which are used, intended for use, or designed for use, in the 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 1972, April 14, P.L. 233, P.S. § 780-101 et seq., as amended from time to time. 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 an balances used, intended for use, or designed for use in weighing or measuring controlled substances;
F. 
Dilutants 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 use, 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.
PERSON
Individual, corporation, business trust, estate, trust, partnership or association, or any other legal entity.
A. 
A physician, osteopath, dentist, veterinarian, pharmacist, podiatrist, nurse, scientific investigator, or other person licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to, or to administer a controlled substance, or other drug or device in the course of professional practice or research in the Commonwealth of Pennsylvania;
B. 
A pharmacy, hospital, clinic or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or to administer a controlled substance, other drug or device in the course of professional practice or research in the Commonwealth of Pennsylvania.
A. 
It is unlawful for any person to offer to sell or to deliver, by sale or gift, or manufacture with intent to deliver, by sale or gift, 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 this chapter.
B. 
It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement or to advertise by any other means or media, knowing, or under circumstances where one reasonable should know that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.
Any person who shall violate this chapter shall be liable, upon summary conviction before a Magisterial District Judge, for a first offense and upon summary conviction for each subsequent offense, to a fine of not more than $300, 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 chapter 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 chapter to pay such fine and costs, such person shall be imprisoned in the jail of Cumberland County for a period not exceeding 30 days.
This chapter shall not apply to practitioners as defined in this chapter who have complied with the provisions of the Controlled Substance, Drug, Device, and Cosmetic Act of 1972, April 14, P.L. 233, 35 P.S. § 780-101 et seq., as amended from time to time.
To the extent that any provision of this chapter or the application thereof to any person or circumstances is determined to be invalid, and such invalidity does not affect other provisions or applications of the chapter, the provisions of this chapter are severable.