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Home My WebLink About39-82 Ordinance , . , VILLAGE OF DUBLIN, OHIO ORDINANCE NO. .39- 82 AN ORDINANCE PROHIBITING THE SALE OF DRUG RELATED PARAPHERNALIA OR POSSESSION OF DRUG RELATED PARAPHERNALIA WITHIN THE VILLAGE. I WHEREAS, this Council is aware of and is concerned over the general proliferation of retail establishments engaged in the sale of paraphernalia associated with drug use; and WHEREAS, this Council finds tha~ such establishments serve to entice young people to abuse unlawful substances wh.ich are known to be harmful and unsafe for human consumption; and WHEREAS, this Council finds that this situation has created a problem of such a large proportion as to necessitate further legislation on the subject; and WHEREAS, this Council has examined and approves of the Mode Drug Paraphernalia Act as developed by the Drug Enforcement Administration, United States Department of Justice; now, I therefore BE IT ORDAINED by the Council of the Village of Dublin that SECTION 1. DEFINITIONS' OF DRUG PARAPHERNAL"LA. (A) "Drug Paraphernalia" means all equipmerit, products and materials of any kind, which are used, intended for use, or designed for use, in planting, propagating, cultivating, growing, I harvesting, manufacturing, compounding, converting, producing, I processing, preparing, testing, analyzing, packattng, repackagin , storing, containing, concealing, injecting, ingesting, inhaling, I enhancing the effect of, or otherwise introducing into the human body a controlled substance, as defined in Chapter 3719 of the Ohio Revised Code. It includes, but not limited to: (1) Kits used, intended for use, or designed for use :1 in planting, propagating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance ca be derived; (2) Kits used, intended for use, or designed for use in manufacturing, compounding, converting, pro- ducing, processing, or preparing controlled sub- stances; . . ORDINANCE NO. 39-82 Page Two (3) Isomerization devices used, intended for use, or 'I designed for use in increasing the potency of any species of plant which is a controlled substance; (4) Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness or purity of contro11 d substances; (5) Scales and balances used, intended for use, or designed for use in weighing or measuring control ed substances; (6) Di1uents and adulterants, such as quinine hydro- chloride, mannitol, mannite, dextrose and lactase, used, intended for use, or designed for use in cutting controlled substances; I I (7) Separation, gins and sifters used, intended for I use, or designed for use in removing twigs and I seeds from, or in otherwise cleaning or refining, marihuana; (8) Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances; (9) Capsules, balloons, envelopes and other container used, intended for use, or designed for use in packaging small quantities of controlled substanc s; (10) Containers and other objects used, intended for use or designed for use in storing or concealing I controlled substances; (11) Hypodermic syringes, needles and other objects used, intending for use, or designed for use in I parantera11y injecting controlled substances into the human body; (12) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise intro- . . ORDINANCE NO. 3,9--82 Page Three ducing marihuana, cocaine, hashish, or hashish I oil into the 'human body, such as: i (a) Metal, wooden, acrylic, glass, stone, Plastil' ceramic pipes with or without a screen, permanent screens, hashish heads, or punctur d metal bowls; (b) Water pipes; (c) Carburetion tubes and devices; (d) Smoking and carburetion masks; (e) Roach clips: meaning obJ.ects used to hold burning material, such asa marihuana cigarette that has become too small or too short to beheld in the hand; (f) Miniature cocaine spoons, and cocaine vials; I (g) Chamber pipes; (h) Carburetor pipes; (i) Electric pipes; (j) Air-driven pipes; (k) Chi11ums; (1) Bongs; (m) Ice pipes or chillers; (n) Rolling paper and rolling machines. (B) In determining whethe,r an object is "Drug Parapherna1i " , , a court or other authority should consider,in addition to all other logically relevant factors, the following: (1) Statements by an owner, or by any person in control I of the object concerning its use; (2) Prior convictions, if any, of an owner, or of any person in control, of the object, under any City, State, or Federal law, statute or ordinance, re- lating to any controlled substance; (3) The proximity of the object, in time and space, to a direct violation of this Chapter; ~ . . . . , . . . . . ORDINANCE NO. .~1j9 -82 Page Four (4) Theproxlmity of the object to controlled substance ; I I (5) The existence of any residue of controlled substanc s I on the object; (6) Direct or circumstancialevidenceof the int,ent of an owner, or of any person in control, of the objec to deliver it to persons whom he knows intend to use the object to facilitate a violat:l.on of this Chapter; the innocence of an owner, or of any person in control, of the object, as to a direct violation of this Chapter shall not prevent a findi that the object is intended for use as "Drug Paraphernalia"; (7) Instructions, written or oral, provided with the object concerning its use; I I (8) Descriptive materials accompanying the object which explain or depict its use; (9) National and local advertising concerning its use; (10) The manner in which the object is displayed for sal ; (11) The existence and scope of legitimate uses for the object in the community; (12) Expert testimony concerning its use. SECTION 2. ,. POSSESSION ANDIOR SALE OF. DRUG PARAPHERNALIA PROHIBITED. (A) It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, I inject, ingest, inhale, or otherwise introduce into the human ,bod I a controlled substance in violation of this Chapter. (B) It is unlawful for any person to deliver, sell, or possess with intent to deliver or sell, drug paraphernalia, know in that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, tes~ , ' . . . . . . . . . ORDINANCE NO. dg-J72 Page Five analyze, pack, repack, store, contain, conceal, inject, ingest, I inhale, or otherwise introduce into the human body a controlled substance in violation of this Chapter. (C) It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowin that the purpose of the advertisement, in whole or in part, is to I promote the sale of an object designed or intended for use as drug paraphernalia. (D) This section does not apply to manufacturers, practitionrrsl pharmacists, owners of pharmacies and other persons whose conduct I was in accordance with the Ohio Revised Code Chapters 3719, 4715, 1 I 4729, 4731 and 4741. (E) Any drug paraphernalia used in violation of this section shall be seized and forfeited to the Municipality. I (F) If any provision of this section or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the section which can be given effect without the invalid provision or application, and to this end the provisions of this section are severable. (G) Whoever violates any of the provisions of Paragraphs (A) (B) , (C) is guilty of a misdemeanor of the third degree. If the offender has previously been convicted of any violation of Para- , graphs (A) , (B), (C), any subsequent violation of either Paragraph . (A), (B), (C), is a misdemeanor of the first degree. Any person Iwho violates Paragraph (B) by delivering or selling drug parapher- I nalia to any person under 18 years of age is guilty of a misdemean~r of the first degree. SECTION 3. This Ordinance shall be in full force and effe t from and after the earliest Att~r .., ~ Cler ~2111 Approved as ~~ Passed this 2nd day of August, 1982. , , hereby certify that copies of this uramancelKesolutlon were posted in F,; " ,,' f' ;':';:l in accordance with Law S6c~ion 731 n~ n,,;.. ;, ~ :". :'\j;:" l.. .to L~ -'i;/'--~ _. . . _ '. ~ .iO;