Village of Bellerose, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Incorporated Village of Bellerose 1-28-1980 by L.L. No. 1-1980.[1] Amendments noted where applicable.]
[1]
Editor's Note: Pursuant to L.L. No. 1-1976 which established the Code, the provisions of this chapter were originally designated as Ch. 42.
As used in this chapter, unless stated otherwise, the following words or terms shall have the following meanings:
CONTROLLED SUBSTANCE
The same meaning as defined in § 3302 of the Public Health Law of the State of New York.
DRUG-RELATED PARAPHERNALIA
Any machine, instrument, tool, equipment or device used or intended to be used for one or more of the following purposes:
A. 
To introduce into the human body any controlled substance under circumstances in violation of the laws of the State of New York.
B. 
To enhance the effect on the human body of any controlled substance under circumstances in violation of the laws of the State of New York.
C. 
To conceal any quantity of any controlled substance under circumstances in violation of the laws of the State of New York.
D. 
To test the strength, effectiveness or purity of any controlled substance under circumstances in violation of the laws of the State of New York.
DRUG-RELATED PRINTED MATTER
Any book, magazine, pamphlet, periodical, card or flier used in conjunction with drug-related paraphernalia, which is primarily intended to disseminate information for one or more of the following purposes:
A. 
To advocate or recommend the use or possession of a controlled substance when such use or possession is in violation of the laws of the State of New York.
B. 
To advertise, describe, explain, depict or display any method by which a controlled substance may be obtained or produced when such method could reasonably be expected to lead to the use or possession of such controlled substance in violation of the laws of the State of New York.
C. 
To advertise, describe, explain, depict or display any drug related paraphernalia.
A. 
It shall be unlawful for any person, firm or corporation to sell, offer for sale, display for sale or facilitate the sale, use or purchase of drug-related paraphernalia.
B. 
The simultaneous possession of drug-related paraphernalia and drug-related printed matter shall constitute a presumption that the person so possessing such paraphernalia and printed matter intended the paraphernalia to be used for one or more of the purposes listed in the definition of "drug-related paraphernalia" in § 91-1.
The Mayor or such Village official as he may designate may institute an action in the Supreme Court or any other court of competent jurisdiction to enjoin any action prohibited pursuant to § 91-2 of this chapter.
Any person violating any provision of this chapter shall be liable for and forfeit and pay a penalty not exceeding $250. Said violation shall constitute and is hereby declared to be disorderly conduct, and any person violating this chapter or any provision thereof shall be and hereby is declared a disorderly person. Each day upon which such violation continues shall constitute a separate offense.
Nothing herein contained shall prohibit the lawful sale of drugs and pharmaceutical devices by duly licensed pharmacies.