[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:
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:
Any representation, disseminated in any manner or by any
means other than by labeling.
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.
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:
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;
Kits used, intended for use, or designed for use in manufacturing,
compounding, converting, producing, processing, or preparing controlled
substances;
Isomerization devices used, intended for use, or designed for
use in increasing the potency of any species of plant which is a controlled
substance;
Testing equipment used, intended for use, or designed for use
in identifying, or in analyzing the strength, effectiveness or purity
of controlled substances;
Scales an balances used, intended for use, or designed for use
in weighing or measuring controlled substances;
Dilutants and adulterants, such as quinine, hydrochloride, mannitol,
mannite, dextrose and lactose, used, intended for use, or designed
for use in cutting controlled substances;
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;
Blenders, bowls, containers, spoons and mixing devices used,
intended for use, or designed for use in compounding controlled substances;
Capsules, balloons, envelopes and other containers used, intended
for use, or designed for use in packaging small quantities of controlled
substances;
Containers and other objects used, intended for use, or designed
for use in storing or concealing controlled substances;
Hypodermic syringes, needles and other objects used, intended
for use, or designed for use in parenterally injecting controlled
substances into the human body;
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:
Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes
with or without screens, permanent screens, hashish heads or punctured
metal bowls;
Water pipes;
Carburetion tubes and devices;
Smoking and carburetion masks;
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;
Miniature cocaine spoons and cocaine vials;
Chamber pipes;
Carburetor pipes;
Electric pipes;
Air-driven pipes;
Chillums;
Bongs;
Ice pipes or chillers.
Individual, corporation, business trust, estate, trust, partnership
or association, or any other legal entity.
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;
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.
