[HISTORY: Adopted by the Borough Council of the Borough of Middletown 2-18-1980 by Ord. No. 770, approved 2-18-1980. Amendments noted where applicable.]
Zoning — See Ch. 260.
[Amended 4-4-2017 by Ord. No. 1338, approved 4-21-2017]
This Chapter 138 shall not apply to the sale of electric cigarettes or "e-cigarettes" intended for smoking tobacco, an act commonly referred to as "vaping." It shall be unlawful to establish or maintain any head shop within 500 feet of any area zoned for residential use.
[Amended 4-6-1987 by Ord. No. 943, approved 4-6-1987; 4-4-2017 by Ord. No. 1338, approved 4-21-2017]
As used in this Chapter 138, the following terms shall have the meanings indicated:
- HEAD SHOP
- An establishment which includes in its stock-in-trade, with intent to deliver or sell for use with drugs or controlled substances, or advertises drug paraphernalia intended for use with drugs, such as scales; small spoons; sieves; gelatin capsules; hashish heads; water pipes intended for use with marijuana, hashish, hashish oil or cocaine; roach clips; smoking and carburetion masks; separating pins for use or intended for use in cleaning marijuana pipes, cocaine vials, hypodermic syringes and needles; or any other drug paraphernalia as such term is defined in 35 P.S. § 780-12. Notwithstanding the foregoing, a retail shop selling or advertising the sale of electric cigarettes or "e-cigarettes" intended for smoking tobacco, an act commonly referred to as "vaping," shall not be a "head shop" merely because of such sales or advertisements.
Editor's Note: See now 35 P.S. § 780-102.
When written notice has been served by the Mayor, acting through a Borough policeman, of a violation of this chapter, upon the person in charge of such head shop and/or upon the owner, lessee or occupant of the establishment, premises, place or location, or agent thereof, such violation shall be discontinued immediately to protect the compelling public interest in the preservation of residential neighborhoods, to prevent economic blight and to minimize opportunities for exposing minors, schoolchildren and other susceptible persons to the deleterious effects of drugs with accompanying adverse consequences to the community.
Any owner, lessee or occupant of such head shop in which such violation exists and any person who knowingly commits, participates in or permits any such violation shall, upon conviction before the District Justice in a summary proceeding, be sentenced to pay a fine not exceeding $1,000 for each such violation (each day of continuance thereof after such written notice constituting a separate violation) and also the costs of prosecution and, upon refusal to pay such fine and costs, to be imprisoned in the jail of Dauphin County for a period not exceeding 30 days.
[Amended 4-6-1987 by Ord. No. 943, approved 4-6-1987; 7-11-1988 by Ord. No. 972, approved 7-11-1988]