[Ord. No. 1246, 10/2/2024]
This Part is enacted to protect, preserve, and promote the health, safety, and welfare of the citizens of the Borough of Quakertown by prohibiting the sale, distribution, or delivery of drug paraphernalia. The Borough's investigative efforts have shown that establishments that sell drug paraphernalia facilitate the sale of the drugs themselves.
[Ord. No. 1246, 10/2/2024]
DRUG PARAPHERNALIA
All equipment, products, and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, 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 35 P.S. § 780-101 et seq. This term includes, but is not limited to:
A. 
Kits used, intended for use, or designed for use in planting, propagating, cultivating, or harvesting any species of plant which is a controlled substance or 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 substances.
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 cutting 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 marijuana.
H. 
Blenders, bowls, containers, spoons, and mixing devices used, 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.
L. 
Objects used, intended for use, or designed for use in injecting, inhaling, or otherwise introducing marijuana, 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 marijuana cigarettes, which have become too small or too 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/or
(13) 
Ice pipes or chillers.
LOGICALLY RELEVANT FACTORS
Factors considered when determining whether an object is drug paraphernalia that include, but are not limited to:
A. 
Statements by an owner or by anyone in control of the object concerning its use.
B. 
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 or should reasonably know intend to use the object to facilitate a violation of 35 P.S. § 780-101 et seq. and of the innocence of an owner or of anyone in control of the object as drug paraphernalia.
C. 
Instructions, oral or written, provided with the object concerning its use.
D. 
Descriptive materials accompanying the object which explain or depict its use.
E. 
National and local advertising concerning its use.
F. 
The way the object is displayed for sale.
G. 
Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise.
H. 
The existence and scope of legitimate uses for the object in the community.
I. 
Expert testimony concerning its use.
[Ord. No. 1246, 10/2/2024; Ord. No. 1252, 7/2/2025]
The sale of objects that are found to be drug paraphernalia, upon consideration of all listed or unlisted logically relevant factors by a court or other authority, is prohibited within Quakertown Borough. It is unlawful for any person, partnership, corporation, association, club, or other entity to sell, possess with intent to sell, deliver, or possess 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, and/or otherwise introduce into the human body a controlled substance in violation of 35 P.S. § 708-101 et seq.
[Ord. No. 1246, 10/2/2024; Ord. No. 1252, 7/2/2025]
Any person, partnership, corporation, association, club, or other entity who/which violates any provision of this Part shall, upon conviction before the Magisterial District Judge or other court of competent jurisdiction and in accordance with the procedures set forth in the Pennsylvania Borough Code (8 Pa.C.S.A. § 101 et seq.), be sentenced to pay a fine of not more than $1,000 plus the costs of prosecution, including, but not limited to, all court costs and reasonable attorney fees incurred by the Borough in enforcing the violation. Each day a violation continues shall constitute a separate offense, and each provision violated shall constitute a separate offense. These penalties are in addition to any other penalties provided by law. All fines collected for the violation of this Part shall be paid to the Borough of Quakertown.
[Ord. No. 1246, 10/2/2024]
In addition to or lieu of the penalties provided herein, the Borough may seek equitably relief from the Bucks County Court of Common Pleas concerning the enforcement of this Part, including, but not limited to, a temporary or permanent injunction restraining the continued violations of this Part.
[Ord. No. 1246, 10/2/2024]
Any person registered with the Secretary of the Commonwealth pursuant to 35 P.S. § 780-106 shall be exempt from this Part.