[Adopted 6-10-1982 by Ord. No. 942 (Ch.
135 of the 1999 Code)]
As used in this Part, the following terms shall
have the meanings indicated:
All equipment, products and materials of any
kind which are used, intended for use or designed for use, in 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 35 P.S. § 780-101 to
780-144 (The Controlled Substance Drug, Device and Cosmetic Act).
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 a controlled substance.
Scales and balances used, intended for use or
designed for use in weighing or measuring controlled substances.
Diluents 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 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 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 objects used to hold
burning material, such as a marijuana cigarette, that has become too
small or to short to be held in the hand.
Miniature cocaine spoons and cocaine vials.
Carburetor pipes.
Chamber pipes.
Electric pipes.
Chillums.
Bongs.
Ice pipes or chillers.
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:
Statements by an owner or by anyone in control
of the object concerning its use.
Prior convictions, if any, of an owner, or of
anyone in control of the object, under any state or federal law relating
to any controlled substances.
The proximity of the object, in time and space,
to a direct violation of 35 P.S. § 780-101 to 780-144.
The proximity of the object to controlled substances.
The existence of any residue of controlled substances
on the object.
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 violation of 35 P.S. § 780-101
to 780-144; the innocence of an owner, or of anyone in control of
the object, as to a direct violation of 35 P.S. § 780-101
to 780-144 shall not prevent a finding that the object is intended
for use, or designed for use as drug paraphernalia.
Instructions, oral or written, provided with
the object concerning its use.
Descriptive materials accompanying the object
which explain or depict its use.
National and local advertising concerning its
use.
The manner in which the object is displayed
for sale.
Whether the owner, or anyone in control of the
object, is a legitimate supplier of like or related items to the community,
such as a licensed distributor or dealer to tobacco products.
Direct or circumstantial evidence of the ratio
of sales of the object(s) to the total sales of the business enterprise.
The existence and scope of legitimate uses for
the object in the community.
Expert testimony concerning its use.
For items, effect, paraphernalia, accessory
or thing which is designed or marketed for use with illegal cannabis
or drugs:
1.
Paper: white paper
or tobacco oriented paper, not necessarily designed for use with illegal
cannabis or drugs may be displayed. Other paper of colorful design,
names oriented for use with illegal cannabis or drugs and displayed
are covered.
2.
Roach clips: designed
for use with illegal cannabis or drugs and therefore covered.
3.
Pipes: if displayed
away from the proximity of nonwhite paper or tobacco oriented paper
and not displayed within the proximity of roach clips, or literature
encouraging illegal use of cannabis are not covered, otherwise, covered.
4.
Paraphernalia:
if displayed with roach clips or literature encouraging illegal use
of cannabis or illegal drugs is covered.
It shall be unlawful for any person or persons as principal clerk, agent or servant to sell any items, effect, paraphernalia, accessory or thing which is designed or marketed for use with illegal cannabis or drugs as defined by "The Controlled Substance, Drug, Device and Cosmetic Act," Act of April 14, 1972, P.L. 233, 64, § 1, and the amendments thereto, 35 P.S. § 780-101 through 780-144, without obtaining a license therefor. Such licenses shall be in addition to any or all other licenses held by applicant.
Application to sell any item, effect, paraphernalia,
accessory or thing which is designed or marketed for use with illegal
cannabis or drugs shall, in addition to requirements of other sections
of this Part, be accompanied by affidavits by applicant and each
and every employee authorized to sell such items that such person
has never been convicted of a drug-related offense.
It shall be unlawful to sell or give items as described in § 6-501 in any form, to any male or female child under the age of 18 years.
Every licensee must keep a record of every item,
effect, paraphernalia, accessory or thing which is designed or marketed
for use with illegal cannabis or drugs which is sold, and this record
shall be open to the inspection of any police officer at any time
during the hours of business. Such record shall contain the name and
address of the purchaser, the name and quantity of the product, the
date and time of the sale and the licensee or agent of the licensee's
signature, each record shall be retained for not less than two years.
The applicant shall comply with all applicable
regulations of the state and county health departments and the Borough
of Homestead Police Department.
[Amended at time of adoption of Code (see AO)]
There is an annual license fee for the sale
of items designed or marketed for use with illegal cannabis or drugs
in an amount as set from time to time by the Borough Council, payable
no later than December 31 of the preceding year.
[Amended at time of adoption of Code (see AO)]
Any person who violates or permits a violation
of this Part shall, upon conviction in a summary proceeding under
the Pennsylvania Rules of Criminal Procedure, be guilty of a summary
offense and shall be punishable by a fine of not more than $1,000,
plus court costs and reasonable attorneys 'fees incurred by the Borough
in the enforcement proceedings. Upon judgment against any person by
summary conviction, or by proceedings by summons on default of the
payment of the fine or penalty imposed and the costs, the defendant
may be sentenced and committed to the county correctional facility
for a period not exceeding 30 days. Each day that such violation exists
shall constitute a separate offense, and each section of this Part
that is violated shall also constitute a separate offense. In addition
to or in lieu of enforcement under this section, the Borough may enforce
this Part in equity in the Court of Common Pleas of Allegheny County.
