[HISTORY: Adopted by the City of Council of the City of Chester 12-15-1994 by Ord. No. 32-1994 (Art. 712 of the 1978 Codified Ordinances). Amendments noted where applicable.]
Certain words as used in this chapter are defined as follows:
DRUG PARAPHERNALIA
Includes 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. The term includes but is not limited to:
A. 
Kits for use in the planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or that from which a controlled substance can be derived;
B. 
Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substance;
C. 
Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance;
D. 
Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness, or purity of, controlled substances;
E. 
Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;
F. 
Diluents and adulterants, such as quinine, hydrochloride, mannitol, mannite, dextrose, and lactose used, intended for use, or designed for use in diluting, mixing and/or preparing controlled substances;
G. 
Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining cannabis;
H. 
Containers intended for use, or designed for use in compounding controlled substances;
I. 
Capsules, balloons, envelopes, and other containers used, intended for use or designed for use in packaging small quantities of controlled substances;
J. 
Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances;
K. 
Hypodermic syringes, needles, and other objects used, intended for use or designed for use in parenterally injecting controlled substances into the human body; and
L. 
Objects including, but not limited to rolling papers, used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing cannabis, cocaine, hashish or hashish oil into the human body, such as:
(1) 
Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes, with or without screens, permanent screens, hashish heads, or punctured metal bowls;
(2) 
Water pipes;
(3) 
Carburetion tubes and devices;
(4) 
Smoking and carburetion masks;
(5) 
Roach clips, meaning objects used to hold burning materials such as a cannabis cigarette that has become too small or short to be held in the hand;
(6) 
Miniature cocaine spoons and cocaine vials;
(7) 
Chamber pipes;
(8) 
Carburetor pipes;
(9) 
Electric pipes;
(10) 
Air-driven pipes;
(11) 
Chillums;
(12) 
Bongs; and
(13) 
Ice pipes or chillers.
PERSON
Includes an individual, firm, company, partnership, corporation or other entity.
In determining whether an object is drug paraphernalia, a court or other authority or jury shall 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. 
The proximity of the object, in time and space, to conduct or other objects which indicates a violation of the provisions of this chapter.
C. 
The proximity of the object to controlled substances.
D. 
The existence of any residue of controlled substance 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 who he/she knows, or should reasonably know, intend to use the object to facilitate a violation of this chapter. The innocence of an owner, or of anyone in control of the object, as to a direct violation of this chapter 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. 
Any 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 or objects to the total sales of the business enterprise.
L. 
The existence and scope of legitimate uses for the object in the community.
M. 
Expert testimony concerning its use.
Use, possession, sale, manufacture, distribution, delivery, purchase and advertisement of drug paraphernalia.
A. 
It shall be unlawful for any person in the City to use, possess with intent to use, drug paraphernalia for one or more purposes stated in this chapter.
B. 
It shall be unlawful for any person, firm, or corporation to deliver, furnish or transfer or possess with intent to deliver, furnish or transfer, manufacture with intent to deliver, furnish or transfer, drug paraphernalia, knowing or under circumstances where one reasonably should know, that it will be used for one or more purposes stated in this chapter.
C. 
It shall be unlawful for any person, firm or corporation to sell, offer for sale, or possess with intent to sell or offer for sale, or purchase, drug paraphernalia knowing, or under circumstances where one reasonably should know that the paraphernalia is possessed, sold or offered for sale or purchased for one or more purposes stated in this chapter.
D. 
It shall be unlawful for any person to place in any newspaper, magazine, handbill or other publication any advertisement knowing, or under circumstances where one reasonably should know, 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.
E. 
Any person, 18 years of age or over, who violates this chapter by delivering, furnishing, or transferring drug paraphernalia to a person under 18 years of age is subject to punishment as provided for in § 227-4.
F. 
In addition to the penalties provided for, the violation or the causing or the permitting of a violation of this chapter by the holder of a business, liquor or other license, shall be grounds for revocation or suspension of such license or licenses.
That any person who violates any provision of this chapter shall, upon conviction in a summary proceeding, be fined not more than $1,000 and costs and, in default thereof, shall be imprisoned for not more than 90 days.