"Controlled substance"
means a drug or its immediate precursor classified in Schedules I through V under the Federal Controlled Substances Act, 21 U.S.C., Sections 811 to 812, as modified under ORS 475.035.
"Deliver" or "delivery"
means the actual constructive, or attempted transfer, other than by administering or dispensing from one person or another of a controlled substance, whether or not there is an agency relationship.
"Drug paraphernalia"
means 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 the Controlled Substances Act of this State. It includes, but is not limited to:
(1) 
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;
(2) 
Kits used, intended for use, or designed for use, in manufacturing, compounding, converting, producing, processing, or preparing controlled substances;
(3) 
Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance;
(4) 
Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances;
(5) 
Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;
(6) 
Diluents and adulterants, such as quinine, hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting controlled substances;
(7) 
Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;
(8) 
Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances;
(9) 
Capsules balloons, envelopes and other containers used intended for use or designed for use in packaging small quantities of controlled substances;
(10) 
Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances;
(11) 
Hypodermic syringes, needles and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body;
(12) 
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:
(a) 
Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls,
(b) 
Water pipes,
(c) 
Carburetion tubes and devices,
(d) 
Smoking and carburetion masks,
(e) 
Roach clips: meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand,
(f) 
Miniature cocaine spoons, and cocaine vials,
(g) 
Chamber pipes,
(h) 
Carburetor pipes,
(i) 
Electric pipes,
(j) 
Air driven pipes,
(k) 
Chillums,
(l) 
Bongs,
(m) 
Ice pipes or chillers.
"Marijuana"
means all parts of the plant Cannabis family Moraceae, whether growing or not, the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.
(Ord. 391 §1, 1989; Ord. 430 §1, 1998)
In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logical 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 any one in control of the object, under any municipal, State, or Federal law relating to any controlled substance;
(C) 
The proximity of the object in time and space, to a direct violation of this chapter or the State Uniform Controlled Substance Act;
(D) 
The proximity of the object to controlled substances;
(E) 
The existence of any residue of controlled substances to the object;
(F) 
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/she knows intend to use the object to facilitate a violation of municipal or State 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;
(G) 
Instructions, oral or written, provided with the object concerning its use;
(H) 
Descriptive materials accompanying the object which explain or depict its use;
(I) 
National and local advertising concerning its use;
(J) 
The manner in which the object is displayed for sale;
(K) 
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;
(L) 
Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise;
(M) 
The existence and scope of legitimate uses for the object in the community;
(N) 
Expert testimony concerning its use.
(Ord. 391 §2, 1989; Ord. 430 §1, 1998)
(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. Any person who violates this chapter is guilty of an infraction and upon conviction may be fined in accordance with Chapter 1.36 of this code.
(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 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. Any person who violates this chapter is guilty of an infraction and upon conviction may be fined in accordance with Chapter 1.36 of this code.
(C) 
Delivery of Drug Paraphernalia to a Minor. Any person 18 years of age or over who violates subsection (B) of this section by delivering drug paraphernalia to a person under 18 years of age who is at least three years his/her junior, is guilty of a misdemeanor offense and upon conviction may be imprisoned for not more than one year, fined in accordance with Chapter 1.36 of this code, or both.
(D) 
Advertisement of Drug Paraphernalia. It is unlawful for any person to place in any newspaper, magazine, handbill or other publication any advertisement, knowing that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia. Any person who violates this chapter is guilty of an infraction and upon conviction may be fined in accordance with Chapter 1.36 of this code.
(Ord. 391 §3, 1989; Ord. 430 §1, 1998; Ord. 445 §16, 1998)
(A) 
Drug paraphernalia are public nuisances. Any peace officer shall summarily seize any such paraphernalia and shall deliver it to the Chief of Police, who shall hold it subject to the order of the Municipal Court.
(B) 
Whenever it appears to the 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. 391 §4, 1989; Ord. 430 §1, 1998)
It shall be an affirmative defense to the prosecution of an offense under Section 5.16.030(A) that the using or possessing of drug paraphernalia by such person is authorized by virtue of an existing, current and valid registration by such person pursuant to the Oregon Medical Marijuana Act of 1998 and any amendments thereto then in effect. No affirmative defense is available under this chapter if the person is engaged in the prohibited conduct in a public place as the term is defined in ORS 161.015(10), or in public view. When an affirmative defense is raised at trial, the defendant has the burden of proving the defense by a preponderance of the evidence.
(Ord. 491 §5, 2011)
If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
(Ord. 391 §6, 1989; Ord. 430 §1, 1998)