[HISTORY: Adopted by the City Council of the City of Allentown as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-18-1980 by Ord. No. 12419 (Article 735 of the 1962 Codified Ordinances)]
The following words and phrases when used in this article shall, for the purpose of this article, 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 Pa.C.S.A. § 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.
Any containers and other objects primarily adapted or designed for use in storing or concealing controlled substances; objects primarily adapted or designed for use in injecting, ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish oil into the human body, such as:
Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with 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 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.
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.
The prohibition contained in § 250-2 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.
If any provisions of this article shall be declared unconstitutional or invalid, such decision shall not affect the remaining portions of this article. The City Council hereby declares that the said article 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.
[Amended 3-6-1991 by Ord. No. 13034; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates any provision or provisions of this article or who shall fail to comply with any requirements thereof shall be guilty of a violation and, for each and every such violation, upon summary conviction thereof, shall be sentenced to pay a fine of not more than $1,000 and costs of prosecution and, in default of payment of such fine and costs, to imprisonment for not more than 90 days; provided, each day that a violation continues shall be deemed a separate offense.
[Adopted 5-16-2018 by Ord. No. 15446 (Article 736 of the 1962 Codified Ordinances)]
As used in this article, the following terms shall have the meanings indicated:
All forms or varieties of the genus Cannabis, whether growing or not, as defined by Pennsylvania's "Controlled Substance, Drug, Device and Cosmetic Act" as set forth at 35 Pa.C.S.A. § 780-101 et seq.
Any device, instrument, apparatus or object used, intended to be used, or designed to be used for introducing marijuana into the human body or for storing, containing, concealing, or transporting marijuana.
Actual physical custody of or the ability to exercise control over or have access to, for the sole purpose of one's own personal use. This does not include possession with intent to deliver, distribute, transfer, or sell.
Introducing marijuana into one's own body, which includes smoking, inhaling, exhaling, vaporizing, or burning any lighted cigar, cigarette, pipe or other such device which contains marijuana or marijuana extracts.
Thirty grams or less of marijuana or eight grams or less of hashish as set forth in 35 Pa.C.S.A. § 780-113(a)(31).
A.
Personal possession or personal use of small amounts of marijuana.
(1)
So long as marijuana shall be listed as a controlled substance in the "Controlled Substance, Drug, Device and Cosmetic Act," 1972, April 14, P.L. 233, No. 64, Section 1 et seq., 35 P.S. § 780-101 et seq., no person shall be in possession of a small amount of marijuana.
B.
Personal possession of marijuana paraphernalia.
(1)
So long as drug paraphernalia includes objects used in connection with marijuana possession or use in the "Controlled Substance, Drug, Device and Cosmetic Act," 1972, April 14, P.L. 233, No. 64, Section 1 et seq., 35 P.S. § 780-101 et seq., no person shall be in possession of marijuana paraphernalia.
(2)
It shall be a summary offense violation of this section to be in personal possession of marijuana paraphernalia.
To the extent permitted by law, it is the intent that any revenue collected pursuant to this article be evenly allocated to Allentown's Parks and Recreation Department for the various youth sports programs and to the City of Allentown's Police Department for any community engagement projects or events.
A.
Personal possession.
(1)
The penalty for a first violation in one calendar year of personal possession of a small amount of marijuana shall be a fine of $25.
(2)
The penalty for a second violation in one calendar year of personal possession of a small amount of marijuana shall be a fine of $50.
(3)
The penalty for a third violation in one calendar year of personal possession of a small amount of marijuana shall be a fine of $100.
(4)
The penalty for a fourth violation, or subsequent violations, in one calendar year of personal possession of a small amount of marijuana shall be a fine of $150 or the court may, in its discretion, suspend the fine imposed under this section if the person found guilty agrees to and does in fact perform such community service as the court deems appropriate, up to eight hours.
B.
Personal use.
(1)
The penalty for a first violation in one calendar year for personal use of marijuana shall be a fine of $25.
(2)
The penalty for a second violation in one calendar year for personal marijuana shall be a fine of $50.
(3)
The penalty for a third violation in one calendar year for personal use marijuana shall be a fine of $100.
(4)
The penalty for a fourth violation, or subsequent violations, in one calendar year for personal use of marijuana shall be a fine of $150 or the court may, in its discretion, suspend the fine imposed under this section if the person found guilty agrees to and does in fact perform such community service as the court deems appropriate, up to eight hours.
C.
Personal possession of marijuana paraphernalia.
(1)
The penalty for a first violation in one calendar year of personal possession of marijuana paraphernalia shall be a fine of $25.
(2)
The penalty for a second violation in one calendar year of personal possession of marijuana paraphernalia shall be a fine of $50.
(3)
The penalty for a third violation in one calendar year of personal possession of marijuana paraphernalia shall be a fine of $100.
(4)
The penalty for a fourth violation, or subsequent violations, in one calendar year of personal possession of marijuana paraphernalia shall be a fine of $150 Or the court may, in its discretion, suspend the fine imposed under this section if the person found guilty agrees to and does in fact perform such community service as the court deems appropriate, up to eight hours.
