Loading...
HomeMy WebLinkAbout81-2-205210 ORDINANCE NO. 81-2-2052 AN ORDINANCE RELATING TO DRUGS, DEFINING CERTAIN TERMS RELATING THERETO AND REGULATING THE SALE OF INSTRUMENTS USED FOR INHALING OR INGESTING CERTAIN CONTROLLED SUBSTANCES AND REGULATING THE SALE OF SIMULATED DRUGS AND SIMULATED CONTROLLED SUBSTANCES, AND CREATING ARTICLE VI, DRUG PARAPHERNALIA CONTROLLED, OF CHAPTER 19 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH WHEREAS, the Board of Commissioners of the City of Paducah has determined and hereby finds that a problem exist within its territorial limits involving the exposure of its citizens to the use of drugs and controlled sub- stances other then is authorized by law; and WHEREAS, the Board of Commissioners of the City of Paducah, Ken- tucky, has determined and hereby finds that the display and availability for sale of certain instruments hereinafter innumerated and simulated drugs and simulated controlled substances hereinafter defined, contribute to the usage of drugs and controlled substances by members of the community by creating an atmosphere of apparant condonation by the community; and WHEREAS, the promotion and sale of products containing substances which may be harmless and inert in themselves, but which are packaged or designed to simulate controlled substances or drugs, are harmful in that they promote and encourage entry into the drug culture and foster respectability for drug use and abuse; and WHEREAS, the Board of Commissioners of the City of Paducah, Ken- tucky, deems it to be in the best interest of the health, safety, and welfare of its citizens to make the use and abuse of drugs and controlled substances difficult by limiting the availability of necessary instruments within the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH AS FOLLOWS: SECTION 1. That Section 19-125 of the Code of Ordinances is hereby created to read as follows: A. The term drug paraphernalia means all equipment, products and materials of any kind which are used, or intended for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human 11 body a controlled substance in violation of the Controlled Substances Act of the Com- monwealth of Kentucky (KRS Chapter 218-A) . It includes, but is not limited to: (1) Kits used, or intended 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; (2) Kits used, or intended for use, in manufacturing, compounding, converting, producing, processing, or preparing controlled substances; (3) Isomerization devices "used, or 'intended for use, in increas- ing the potency of any species of plant which is a controlled substance; (4) Testing equipment used, or inten.def for use, indentifying or in analyzing the strength,^ effectiveness or purity of controlled substances; (5) Scales and balances used, or intended for use, in weighing or measuring controlled substances; (6) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose''and lactose; used, or intended "for use, in cutting controlled substances-- (7) ubstances; (7) Separation gins and sifters -used, or intended for use, in re- moving twigs and seeds- from; "or in otherwise cleaning or refining marihuana; . (8) Blenders, bowls, containers';,spoons and mixing devices used, or intended for use, in compounding controlled substances; (9) Capsules, balloons, envelopes and other containers used, or intended for use, in packaging small quantities of controlled substances; (10) Containers and other objects used, or intended for use, in storing or concealing controlled substances; (11) Hypodermic syringes, needles and other objects used, or intended for use, in parenterally injected controlled sub- ... - -- - stances into the human 'body; " (12) Objects used, or intended for use, -in' ingesting, inhaling, or otherwise introducing marihuana, cocaine, hashish, or hashish oil into the human body, such as: (a) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls; (b) Water pipes; (c) Carburetion tubes and devices; (d) Smoking and carburetion masks; (e) Roach clips: meaning objects used to hold burning material','"' such - as a marihuana -'cigarette,- that has become too small or too short to be held in the hand; (f) Cocaine spoons and cocaine vials; (g) Chamber pipes; (h) Carburetor pipes; (i) Electric pipes; (j) Air -driven pipes; 12 (k) Chillums; (1) Bongs; (m) Ice pipes or" chillers; - (13). -In determing whether an object is , drug paraphernalia, a court or other authority should 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) 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; - (c) The proximity of the object, in- time and7 space, to a direct violation! of 'KRS Chapter 218-A; 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 who he knows intends to use the object to -facilitate a violation- of ' KRS Chapter 218-A; the innocence of an owner•, or of anyone in-. control of--`the-object, as to a direct violation of KR -S --Chapter 218-A should not prevent a finding that the object is intended for use as a 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; 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: That Section 19-126, Offenses and Penalties of the Code of Ordinances of the City of Paducah is hereby created to read as follows: A. Possession of Drug Paraphernalia. It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant," -propagate, -cultivate, grove, -harvest, manufacture, compound, convert, produce, process, perpare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of KRS Chapter 218-A. Any person who violates this section is guilty of a crime which shall be a class "A" misdemeanor. 13 B. Manufacture or Delivery of Drug Paraphernalia. It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing that it will be used to plant, propagate, cultivate, grow, harvest,' manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest', inhale, or otherwise' introduce into the human body a controlled sub- stance in violation of KRS Chapter '218-A. Any person who violates this section is guilty of a crime which shall be a Class "A" misdemeanor. C Advertisement of Drug Paraphernalia. It is unlawful for any person to place in any newspaper, magazine, hand- bill, or other publication, published within the City of Paducah, any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement is to promote the unlawful sale of objects within the City of Paducah designed or intended for use as drug paraphernalia. Any person who violates this, section is guilty of a crime which shall be a Class "A" -misdemeanor. SECTION 3. That Section 19-127, Civil Forfeiture of the Code of Ordinances of the City of Paducah is- hereby created to react as follows: (1) The following are subject to forfeiture: All drug paraphernalia as defined by Section 19-125 of the Code of Ordinances of the City of Paducah. (2) Property subject to forfeiture under this ordinance may be seized by any law enforcement agency upon process issued by any Court having jurisdiction over the property. Seizure without process may be made if: (a) The seizure is incident to an arrest or search under a search warrant; (b) The property subject to seizure has been the subject of a prior judgment in favor of the City of Paducah or the Commonwealth of Kentucky, in a criminal injunction or forfeiture proceeding based upon this ordinance or KRS Chapter 218-A. (c) The law enforcement agency has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or (d) The law enforcement agency has probable cause to believe that the property was used or intended to be used in violation of this ordinance. (3) Property taken or detained under this section shall not be subject to replevin, but is deemed to be in the custody of the law enforcement agency subject only to the orders and decrees of the court having jurisdiction over the forfeiture proceedings. When the property is seized under this ordinance the law en- forcement agency may: (a) Retain it for official use; (b) Sell that which is not required to be destroyed by the law and which is not harmful to the public. The proceeds shall be used for payment of all proper 14 expenses of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of custody, advertising and court costs. The balance shall be paid to the city treasurer for deposit into the general fund.;. SECTION 4. Severability. If any provision of this ordinance or the application thereof to any person o -r circumstance is held invalid, the invalidity does not affect -other pro- visions, or application, -and to this end the provisions of this ordinance are severable. SECTION 5. This ordinance shall° be read on two .:separate days and will -be effective upon publication in full: Mayor J Introduced by the Board - of Commissioners January 27, 1881 Passed by the Board of -Coriimissioners February 10, 1981 Recorded by Louise McKinney, -.City Clerk, February 10, 1981 Published by The Paducah Sun February 16, -1981.