§ 10-12. Possessions of drug paraphernalia.

(a)

Definition: "Paraphernalia" means an instrument, device, article or contrivance used, designed for use or intent for use in ingesting, smoking, administering or preparing marijuana, hashish, hashish oil, cocaine, crack cocaine, heroin, morphine, amphetamines, methamphetamines or any other controlled substance and shall not include cigarette papers and tobacco pipes unless in proximity or in direct location of drugs, but shall include, but not be limited to, the following:

(1)

Metal, wooded, acrylic, glass, stone, plastic or ceramic, crack, marijuana, or hashish pipes with or without screens, hashish heads or punctured metal bowls.

(2)

Water pipes designed for the use or intended for use with marijuana, hashish, hashish oil, heroin, crack cocaine or cocaine.

(3)

Carburetion tubes and devices.

(4)

Smoking and carburetion mask.

(5)

Roach clips.

(6)

Separation gins designed for use or intended for use in cleaning marijuana.

(7)

Cocaine spoons and vials.

(8)

Chamber pipes.

(9)

Crack vials.

(10)

Carburetor pipes.

(11)

Electric pipes.

(12)

Air driven pipes.

(13)

Chillums.

(14)

Bongs.

(15)

Ice pipes or chillers.

(16)

Scales designed for use or intended for use in weighing controlled substances.

(17)

Any part of a hypodermic needle or syringe except as may be authorized by the laws of the state.

(18)

Plastic bottles with carburetion holes and/or punctured metal or foil bowls.

(19)

Small plastic bag used for sale and distribution of controlled substances.

(b)

Prohibition.

(1)

It shall be unlawful for any person to advertise for sale, manufacture, possess, sell or deliver, or to possess with intent to deliver, or sell paraphernalia.

(2)

In determining whether an object is paraphernalia, a court or other authority shall consider, in addition to all other logically relevant factors, the following:

a.

Statements by an owner or by anyone in control of the object concerning its use.

b.

The proximity of the object to controlled substances;

c.

The existence of any residue of controlled substances on the object;

d.

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 a violation of the law; the innocence of an owner or anyone in control of the object as to a direct violation of law shall not prevent a finding that the object is intended for use or designed for use as drug paraphernalia;

e.

Instructions, oral or written, provided with an object, which explain, or depict its use;

f.

Descriptive materials accompanying the object, which explain or depict its use;

g.

National and local advertising concerning its use;

h.

The manner in which the object is displayed for sale;

i.

Whether the owner or anyone in control of the object is a legitimate supplier of related items to the community, such as a licensed distributor or dealer of tobacco products;

j.

Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;

k.

The existence and scope of legitimate use for the object in the community;

l.

Expert testimony concerning its use.

(Ord. No. 2006-06, not available)