[HISTORY: Adopted by the Town Board of the Town of Wallkill 5-12-1983
by L.L. No. 7-1983. Amendments noted where applicable.]
It is hereby declared and found that the sale of items used to aid the
storage, use, concealment and test the strength or purity of illegal drugs
is a widespread and growing practice which is contrary to the public interest.
Many parent and teacher organizations, such as the New York State Congress
of Parents and Teachers, as well as local Parent-Teacher Association groups
have recognized the problems and have encouraged and endorsed legislation
that would prohibit the sale of drug-related paraphernalia. Therefore, public
safety, health, welfare and morals would be best served by discontinuing the
sale of such items.
As used in this chapter, the following terms shall have the meanings
indicated:
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, conveying, 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 laws of the State of
New York. It includes, but is not limited to:
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.
Kits used, intended for use or designed for use in manufacturing, compounding,
converting, producing, processing or preparing controlled substances.
Isomerization devices used, intended for use or designed for use in
increasing the potency of any species of plant which is a controlled substance.
Testing equipment used, intended for use or designed for use in identifying
or in analyzing the strength, effectiveness or purity of controlled substances.
Scales and balances used, intended for use or designed for use in weighing
or measuring controlled substances.
Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite,
dextrose and lactose, used, intended for use or designed for use in cutting
controlled substances.
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.
Blenders, bowls, containers, spoons and mixing devices used, intended
for use or designed for use in compounding controlled substances.
Capsules, balloons, envelopes and other containers used, intended for
use or designed for use in packaging small quantities of controlled substances.
Containers and other objects used, intended for use or designed for
use in storing or concealing controlled substances.
Hypodermic syringes, needles and other objects used, intended for use
or designed for use in parenterally injecting controlled substances into the
human body.
Objects used, intended for use or designed for use in ingesting or otherwise
introducing marijuana, cocaine or hashish into the human body, such as:
Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with
or without screens, permanent screens, hashish heads or punctured bowls.
Water pipes.
Carburetion tubes and devices.
Smoking and carburetion masks.
"Roach clips," meaning objects used to hold burning material, such as
marijuana cigarettes, that has become too small or too short to be held in
the hand.
Miniature cocaine spoons and cocaine vials.
Chamber pipes.
Carburetor pipes.
Electric pipes.
Air-driven pipes.
Chillums.
Bongs.
Ice pipes or chillers.
Cocaine spoon: a spoon with a bowl so small that the primary use for
which it is reasonably adopted or designed is to hold or administer cocaine,
and which is so small as to be unsuited for the typical, lawful uses of a
spoon. A cocaine spoon may or may not be labeled as a "cocaine spoon" or "coke
spoon."
Marijuana or hashish pipe: a pipe characterized by a bowl which is so
small that the primary use for which it is reasonably adopted or designed
is the smoking of marijuana or hashish, rather than lawful smoking of tobacco,
and which may or may not be equipped with a screen.
In determining whether an object is drug paraphernalia, a court or other
authority should consider, in addition to all other logically relevant factors,
the following:
Statements by an owner or by anyone in control of the object concerning
its use.
Prior convictions, if any, of an owner or of anyone in control of the
object, under any state or federal law relating to any controlled substance.
The proximity of the object, in time and space, to a direct violation
of this chapter.
The proximity of the object to controlled substances.
The existence of any residue of controlled substances on the object.
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 knows or should
reasonably know intend to use the object to facilitate violation of this chapter;
the innocence of an owner, or of anyone in control of the object, as the direct
violation of this chapter should not prevent a finding that the object is
intended for use or designed for use as drug paraphernalia.
Instructions, oral or written, provided with the object concerning its
use.
Descriptive materials accompanying the object which explain or depict
its use.
National and local advertising concerning its use.
The manner in which the object is displayed for sale.
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.
Direct or circumstantial evidence of the ratio of sales of the object(s)
to the total sales of the business enterprise.
The existence and scope of legitimate uses for the object in the community.
Expert testimony concerning its use.
It shall be a violation of this chapter for any merchant or other person
to knowingly sell, offer for sale or display any cocaine spoon, marijuana
pipe, hashish pipe or any other drug-related paraphernalia as defined herein.
Any person convicted of violating any provision of this chapter shall
be subject to a fine of up to $250 and/or a maximum of 10 days in jail. Each
continual day of violation after notice will be punishable by up to an additional
$100 per day.
