The City Council finds that certain items designed or marketed for use with illegal drugs enhance the appeal of and contribute to the illegal use of controlled substances among its young people. It therefore desires to ban the sale and display of these items and to limit the distribution of illegal drug paraphernalia to individuals for the health, safety and welfare of the City and its residents.
(Ord. 2006-03 §2)
In determining whether an object is drug paraphernalia, a court of competent jurisdiction or other proper authority should consider, in addition to all other logically relevant factors, the following:
A. 
Statements by an owner or by anyone in control of the object concerning its use;
B. 
Prior convictions, if any, of an owner, or of anyone in control of the object, under any municipal, state, or federal law relating to any controlled substance;
C. 
The proximity of the object to controlled substances;
D. 
The existence of any residue of controlled substances on the object;
E. 
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 or she knows intend to use the object to facilitate a violation of municipal, state or federal law; the innocence of an owner, or of anyone in control of the object, as to a violation of this law or state law shall not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia;
F. 
Instructions, oral or written, provided with the object concerning its use;
G. 
Descriptive materials accompanying the object which explain or depict its use;
H. 
National and local advertising concerning its use;
I. 
The manner in which the object is displayed for sale;
J. 
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.
K. 
Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise;
L. 
The existence and scope of the legitimate uses for the object in the community; and
M. 
Expert testimony concerning its use.
(Ord. 2006-03 §2)
A. 
Possession of Drug Paraphernalia. 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.
B. 
Manufacture or Delivery of Drug Paraphernalia. It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver, 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.
(Ord. 2006-03 §2)
Medical practitioners and agents acting under their supervision in the course of a professional practice are exempt from the provisions of this chapter.
(Ord. 2006-03 §2)
A. 
Drug paraphernalia are declared to be public nuisances. Any peace officer may seize any such paraphernalia and it shall be held subject to the order of a court of competent jurisdiction as to its disposition.
B. 
Whenever it appears to such court that drug paraphernalia has been possessed in violation of this chapter, the court shall order the Chief of Police to destroy the paraphernalia.
(Ord. 2006-03 §2)