[HISTORY: Adopted by the City Council of the City of Marion
as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. 48 of the 2000 Code]
The purpose of this article is to prohibit the use, possession
with intent to use, manufacture and delivery of drug paraphernalia
as defined herein.
[Ord. No. 12-13]
As used in this article, the following terms shall have the
meanings indicated:
Has the same definition as the term "controlled substance"
is defined in the Uniform Controlled Substance Act, Chapter 124 of
the Code of Iowa, as it now exists or is hereafter amended and shall
also include simulated and counterfeit substances, salvia divinorum,
salvinorin A, as well as synthetic cathinones, synthetic cannabinoids
and their analogues or homologues.
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, concealing, containing, injecting, ingesting, inhaling or
otherwise introducing into the human body a controlled substance in
violation of the Uniform Controlled Substances Act, Chapter 124 of
the Code of Iowa. It includes, but is not limited to:
Growing kits. 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.
Processing kits. Kits used, intended for use or designed for
use in manufacturing, compounding, converting, producing, processing
or preparing controlled substances.
Isomerization devices. 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. Testing equipment used, intended for use
or designed for use in identifying or in analyzing the strength, effectiveness
or purity of controlled substances.
Scales. Scales and balances used, intended for use or designed
for use in weighing or measuring controlled substances.
Diluents and cutting agents. Diluents and adulterants, such
as quinine hydrochloride, inositol powder, dextrose, fentanyl or any
other powder, chemical or substance used to enhance or dilute the
potency or amount of any controlled substance.
Separators, sifters and filters. Separation, sifting or filtering
apparatus designed to assist in the manufacturing or refining of any
controlled substance or any component of a controlled substance.
Mixing devices. Blenders, bowls, containers, spoons and mixing
devices used, intended for use or designed for use in compounding
controlled substances.
Containers. Any container or other object used, intended for
use or designed for use in storing, packaging or concealing controlled
substances, to include but not be limited to capsules, plastic bags
and containers, envelopes, clothing and clothing accessories, manufactured
"false interior" objects or any other container or object where a
controlled substance is found.
Injecting devices. Hypodermic syringes, needles and other objects
used, intended for use or designed for use in parenterally injecting
controlled substances into the human body.
Ingesting-inhaling devices. Objects used, intended for use or
designed for use in ingesting, inhaling, snorting or otherwise introducing
any controlled substance into the human body, such as:
Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes,
with or without screens, permanent screens, filter and bowls;
Water, chamber, carburetor and air-driven pipes;
Smoking and carburetion masks;
Roach clips and similar objects, meaning objects used to hold
burning materials, such as marijuana cigarettes;
Spoons and stirrers or any other utensil used to hold or mix
controlled substances before, after or during their use;
Chillums, bongs, ice pipes and chillers;
Rolling papers or cigar wrappers used to contain any controlled
substance;
Tubes, whether plastic, paper, metal or otherwise, which are
used in snorting any controlled substance.
Huffing device. Pressurized containers used, but not intended
for such use, to ingest, inhale or otherwise introduce products, chemicals
or aerosols into the human body.
In determining whether an object is drug paraphernalia for the
purpose of enforcing this article, the following factors should be
considered in addition to all other logically relevant factors:
A.
Statements. Statements by an owner
or by anyone in control of the object concerning its use.
B.
Prior convictions. 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 substance.
C.
Proximity to violation. The proximity
of the object, in time and space, to a direct violation of the Uniform
Controlled Substances Act, Chapter 124 of the Code of Iowa.
D.
Proximity to substances. The proximity
of the object to controlled substances.
E.
Residue. The existence of any
residue of controlled substances on the object.
F.
Evidence of intent. Direct or
circumstantial evidence of the intent of an owner or of anyone in
control of the object to deliver it to persons whom they know, or
should reasonably know, intend to use the object to facilitate a violation
of the Uniform Controlled Substances Act, Chapter 124 of the Code
of Iowa.
[Amended 8-17-2023 by Ord. No. 23-21]
G.
Innocence of an owner. The innocence
of an owner, or of anyone in control of the object, as to a direct
violation of the Uniform Controlled Substances Act, Chapter 124 of
the Code of Iowa, should not prevent a finding that the object is
intended for use or designed for use as drug paraphernalia.
H.
Instructions. Instructions, oral
or written, provided with the object concerning its use.
I.
Descriptive materials. Descriptive
materials accompanying the object which explain or depict its use.
J.
Advertising. National and local
advertising concerning its use.
K.
Displayed. The manner in which
the object is displayed for sale.
L.
Licensed distributor or dealer.
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 of tobacco products.
M.
Sales ratios. Direct or circumstantial
evidence of the ratio of sales of the object(s) to the total sales
of the business enterprise.
N.
Legitimate uses. The existence
and scope of legitimate uses for the object in the community.
O.
Expert testimony. Expert testimony
concerning its use.
It is unlawful for any person to use, or to possess with intent
to use, drug paraphernalia 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 the Uniform Controlled Substances Act, Chapter 124 of the Code
of Iowa.
It is unlawful for any person to deliver, possess with intent
to deliver, manufacture with intent to deliver or offer for sale drug
paraphernalia, intending that the drug paraphernalia will be used,
or knowing, or under circumstances where one reasonably should know
that it will be used, or knowing that it is designed for use 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 the Uniform Controlled
Substances Act, Chapter 124 of the Code of Iowa.
[Amended 3-23-2023 by Ord. No. 23-02]
It is unlawful for any person under the age of 18 to use, or
to possess with intent to use, drug paraphernalia 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 the Uniform Controlled Substances
Act, Chapter 124 of the Code of Iowa. It is also unlawful for any
person under the age of 18 to deliver, possess with intent to deliver,
or manufacture with intent to deliver, drug paraphernalia, intending
that the drug paraphernalia will be used or knowing, or under circumstances
where one reasonably should know, that it will be used or knowing
that it is designed for use 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 the Uniform Controlled Substances Act, Chapter 124
of the Code of Iowa.
[Adopted by Ord. No. 13-13 (Ch. 49A of the 2000 Code)]
As used in this article, unless the context clearly requires
otherwise, the following terms shall have the meanings indicated:
Includes apartments, one-unit homes, garages, hotel/motel
rooms, mobile homes, rooms for rent, duplex dwellings or any other
building or structure.
[Amended 3-23-2023 by Ord. No. 23-02]
A location and operation, past or present, including but
not limited to buildings or vehicles, equipped with hardware, containers,
lighting, heating devices, humidity control devices, and fertilizers,
precursors or related reagents and solvents needed to unlawfully prepare
or manufacture controlled substances as defined in Chapter 124 of
the Iowa Code. The mere presence of precursor materials in the original
sealed containers and absence of additional evidence of illegal use
or intentions is not evidence by itself of a clandestine laboratory/grow
operation as defined solely within this article.
Actions necessary to contain, collect, control, identify,
analyze, disassemble, treat, remove or otherwise disperse all substances
and materials, including but not limited to those found to be hazardous
waste as defined in § 455B.411 of the Iowa Code and controlled
substances defined in Chapter 124 of the Iowa Code, including contamination
caused by or as a by-product of the manufacturing or growing process,
or being caused by the chemicals or substances associated with the
manufacturing or growing process.
Any building or structure which has any or all of the conditions
or defects hereinafter described, provided that such conditions or
defects exist to the extent that the life, health, property or safety
of the public or its occupants is endangered.
Any vehicle which has any or all of the conditions or defects
hereinafter described, provided that such conditions or defects exist
to the extent that the life, health, property or safety of the public
or its occupants is endangered.
Any substance or mixture of substances that presents a danger
to the public health or safety and includes, but is not limited to,
chemicals, chemical residues, mold, fungus and/or other toxins and
controlled substances as defined in Chapter 124 of the Iowa Code.
A.
Whenever any portion of a building, structure or vehicle has been used as part of a clandestine laboratory/grow operation as in the making, manufacturing or "cooking" of methamphetamine or any other controlled substance as defined within Iowa Code Chapter 124, as determined by the Marion Police Department, other law enforcement agency and/or certified peace officer having jurisdiction within the Marion City limits, the building(s), structure(s) or vehicle shall be deemed a nuisance in a state of emergency per Chapter 223, Nuisance Abatement, § 223-9, of the Code of Ordinances, dangerous building or a dangerous vehicle and shall be placard, vacated and remain abandoned and unsafe until the following conditions are met:
(1)
Any owner or landlord that has a building or structure meeting the above criteria as defined in Subsection A above shall provide certification, at the owner's or landlord's expense, from an American Board of Industrial Hygiene (ABIH) certified industrial hygienist that the known hazardous substance associated with a clandestine laboratory/grow operation process (including, but not limited to, chemicals, chemical residues, mold, fungus and/or other toxins) has been reduced or eliminated to the point that it is again safe to occupy the structure prior to the issuance of a new certificate of occupancy.
(2)
Any identified dangerous vehicle
shall be vacated and impounded at the owner's expense, leaving the
contents of the vehicle intact except for items collected as evidence,
or items identified by law enforcement as being a hazardous substance
in need of immediate removal.
(3)
Any owner of a vehicle meeting the above criteria as defined in Subsection A shall provide certification, at the owner's expense, from an American Board of Industrial Hygiene (ABIH) certified industrial hygienist that the known hazards associated with a clandestine laboratory/grow operation process (including, but not limited to, chemicals, chemical residues, mold, fungus and/or other toxins) have been reduced or eliminated to the point that it is again safe to occupy the vehicle prior to the release of the vehicle from impound.
B.
The amount of methamphetamine residue (for purposes of this Subsection B, "methamphetamine residue" includes chemicals used in the making of the drug known as "meth") present in the vehicle, building or structure shall be no more than 0.1 microgram per 100 square centimeters or less prior to the issuance of a new certificate of occupancy.
(1)
Inspection and testing shall
be done in each room of a single dwelling unit and shall include basement,
attic areas, attached garage and heat and cooling duct systems.
(2)
Inspection and testing shall
be done in the passenger compartment, enclosed trunk area and heat
and cooling duct system of vehicles.
(3)
Inspection and testing of
structures other than dwelling units and exterior property areas shall
be determined case-by-case based on the locations of hazardous substance
storage, use or disposal.
(4)
Test sampling shall be performed
in accordance with EPA Standard Operating Procedures 2001 and 2011.
(5)
Cleanup and disposal of properties,
items, materials or chemicals shall be done in compliance with all
applicable state and federal standards and procedures, including personnel
safety procedures.
C.
Any time a garage that is attached to and/or shares a common access point to the living quarters is used for a clandestine laboratory/grow operation, the making, manufacturing or cooking of methamphetamine or any other controlled substance as defined within Iowa Code Chapter 124, the garage and living quarters will be deemed abandoned and unsafe until such time as the requirements of Subsection A(1) are met.
D.
Any time a motel/hotel room is used for a clandestine laboratory/grow operation or the making, manufacturing or cooking of methamphetamine or any other controlled substance as defined within Iowa Code Chapter 124, that room will be considered abandoned and unsafe and will not be allowed to be occupied until such time as the requirements of Subsection A(1) are met.
E.
Any time a clandestine laboratory/grow
operation is found in a multi-unit building or structure, including
a motel/hotel, inspection and testing shall take place in the adjacent
unit(s) surrounding the dangerous building that shares a common wall
or floor/ceiling. Additionally, testing will take place in any/all
unit/units sharing a common heating or cooling system with the dangerous
building. Testing shall be completed within 60 days of the posting
of the original dangerous building.
(1)
Inspection and testing of adjacent units will be confined to rooms sharing the common wall or floor/ceiling unless test results show the presence of a hazardous substance. Inspection and testing will continue to expand to adjacent rooms, buildings or structures until such time that adjacent building(s) and structure(s) are in compliance with Subsection A(1).
(2)
If the inspection and test
results indicate that an adjacent unit(s) meets the definition of
a "hazardous building," it too shall be placard for occupancy until
it can be brought into compliance.
F.
A placard shall contain a nuisance abatement notice directed to the owner of the dangerous building or dangerous vehicle to which it is attached. The notice shall be as required by Chapter 223, Nuisance Abatement, § 223-6, of the Code of Ordinances. Sections 223-9 through 223-13 of the Code of Ordinances are applicable to nuisances under this article. The costs of inspection and testing are a part of the costs of abatement and shall be charged to and collected from the owner of the dangerous building or dangerous vehicle that is the subject of a nuisance abatement notice.
A.
All dangerous buildings as defined
shall remain placarded for no occupancy until such time as test results
are provided to the Marion Police Department showing compliance with
the standards set forth in § 147-10A(1) and any applicable
subsections and all the costs of nuisance abatement have been paid.
B.
All dangerous vehicles shall remain
placarded for no occupancy and shall remain impounded at the owner's
expense until such time that test results are provided to the Marion
Police Department showing compliance with the standards as set forth
in § 147-10A(3) and any applicable subsections and all the
costs of nuisance abatement have been paid.
C.
Placarding and the prohibition
of entrance into a dangerous building or dangerous vehicle does not
apply to law enforcement, fire fighters, members of the Building Division,
members of the Health Department or those actively involved in the
cleanup of the building(s), structure(s) or vehicle.
[Amended 3-23-2023 by Ord. No. 23-02]
A.
All property owners shall disclose
the past presence of a clandestine lab or clandestine growing operation
prior to the sale, occupancy or rental of any building(s), structure(s)
and vehicle that was deemed a "dangerous building" or "dangerous vehicle,"
unless initial testing prior to cleaning shows otherwise, for three
years after being certified as safe to occupy, or in the case of methamphetamine
manufacturing, below 0.1 microgram per 100 square centimeters.
B.
The Police Department shall maintain
a list, as a public record available for inspection by the public,
of the location of all buildings, structures and vehicles that have
been deemed a "dangerous building" or "dangerous vehicle." Properties
and vehicles shall remain on this list for not less than three years
after being certified as safe to occupy, or in the case of methamphetamine
manufacturing, below 0.1 microgram per 100 square centimeters.
A.
If the circumstances reasonably
so require, the law enforcement officer or an authorized representative
may:
(1)
Placard a building(s) and/or
structure(s) deemed to be a "dangerous building" as defined.
(2)
Placard and impound a vehicle
deemed to be a "dangerous vehicle" as defined.
(3)
Evacuate persons from their
homes to areas away from the site of a clandestine laboratory/grow
operation.
(4)
Establish perimeters or other
boundaries at or near the site of a clandestine laboratory/grow operation
and limit access to cleanup personnel.
B.
No person shall disobey an order
of any law enforcement officer issued under this section.
