This chapter shall be known and may be cited as the "Paraphernalia Ordinance of the Township of North Whitehall."
[HISTORY: Adopted by the Board of Supervisors of the Township of North Whitehall 12-3-1980 by Ord. No. 1980-3. Amendments noted where applicable.]
The following words and phrases, when used in this chapter, shall, for the purposes of this chapter, have the meanings respectively ascribed to them in this section, except where the context clearly indicates a different meaning:
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 tobacco, and which may or may not be equipped with a screen.
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 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:
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 object 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.
An individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association.
Any museum, library, school or other similar public place upon which business is not transacted for profit.
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 except for a special place of display, by police or other police-sanctioned authorities, for educational or demonstrative use.
The prohibition contained in § 213-3 hereof shall not apply to manufacturers, wholesalers, jobbers, 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 5-21-1997 by Ord. No. 1997-1]
Violations of this chapter shall be punishable as a summary offense as set forth in § 1-16A of this Code.
If any provision of this chapter shall be declared unconstitutional or invalid, such decision shall not affect the remaining portions of this chapter. The Board of Supervisors hereby declares that this chapter would have been enacted and each article and subsection thereof irrespective of the fact that any one or more of the articles and subsections, clauses or phrases, may or might be found by court action or decision to be unconstitutional or otherwise invalid.
The section headings used in this chapter are for convenience only and are not a part of this chapter.