HomeMy WebLinkAboutOrdinances - MC-19-1205 - 10/07/2019 - Ch 14, Drug Paraphernalia, CannabisCITY OF MCHENRY
MCHENRY COUNTY
STATE OF ILLINOIS
ORDINANCE NO. MC-19-1205
An Ordinance Amending City of McHenry Municipal Code Chapter 14
Offenses -Miscellaneous Article IV. Drug Paraphernalia; Possession of
Cannabis
Adopted by the
Mayor and City Council
Of the
City of McHenry
McHenry County
State of Illinois
October 7, 2019
Published in pamphlet form by authority of the Mayor and City Council of the City
of McHenry, McHenry County, Illinois this 8th day of October, 2019.
ORDINANCE NO. MC-194205
An Ordinance Amending City of McHenry Municipal Code Chapter 14 Offenses=
Miscellaneous Article IV, Drug Paraphernalia, Possession of Cannabis
WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as
contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the
passage of this Ordinance constitutes an exercise of the City's home rule powers and functions
as granted in the Constitution of the State of Illinois.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY,
CHENRY COUNTY, AS FOLLOWS:
M
SECTION 1: That Chapter 14 Offenses -Miscellaneous Article IV Drug Paraphernalia of
the Municipal Code is hereby amended by deleting it in its entirety:
And replacing it with the following language:
"ARTICLE IV.
DRUG PARAPHERNALIA
Sec. 14-75 Drug Paraphernalia. (MC-94-621) (MC-10-1011),
(MC-16-1139)
(A) DEFINITIONS. For purposes of this Section, drug paraphernalia is defined as in 720 ILCS
600/2(d), as amended, and includes, but is not limited to:
1. 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;
2. Kits used, intended for use or designed for use in manufacturing, compounding, converting,
producing, processing or preparing controlled substance;
3. Isomerization devices used, intended for use or 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 signed for use in identifying, or in analyzing the
strength effectiveness or purity of controlled substances;
5. Scales and balances used, intended for use or designed for use in weighing or measuring
controlled sub stances;
6. Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and
lactose, used, intended for use or designed for use in cutting controlled substances;
7. Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed
for use in compounding controlled substances;
8. Capsules, balloons, envelopes and other containers used, intended for use or designed for
use in packaging small quantities of controlled substances;
9. Containers and other objects used, intended for use or designed for use in storing or
concealing controlled substances;
10. Hypodermic syringes, needles and other objects used, or intended for use, in parenterally
injecting controlled substances into the human body;
11. Objects used, intended for use or designed for use in ingesting, inhaling or otherwise
introducing, controlled substances 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. Carburization tubes and devices;
d. Smoking and carburization masks;
e. Chamber pipes;
f. Carburetor pipes;
g. Electric pipes;
h. Air -driven pipes;
i. Chillums; and
j. Ice pipes or chillers.
(B) 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.
1. Statements by an owner or by anyone in control of the object concerning its use,
2. 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 substances;
3. The proximity of the object, in time and space, to a direct violation of this Section;
4. The proximity of the object to controlled substances;
5. The existence of any residue of controlled substances on the object;
6. 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 this Section; the innocence of an owner, or of anyone in
control of the object, as to a direct violation of this Section, shall not prevent a finding that the
object is intended for use, or designed for use as drug paraphernalia;
7. Instructions, oral or written, provided with the object concerning its use;
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 sale;
11. 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;
12. Direct or circumstantial evidence of the ratio of sales of the objects) to the total sales of
the business enterprise;
13. The existence and scope of legitimate uses for the object in the community; and
14. Expert testimony concerning its "use."
(C) POSSESSION PROHIBITED: It shall be unlawful for any person to knowingly possess any drug
paraphernalia as it relates to controlled substances, within the corporate limits of the City.
(D) USE OF CANNABIS: Notwithstanding the foregoing, it shall not be unlawful for any individual
to possess drug paraphernalia consistent with the Recreational Use of Cannabis Law
Compassionate Use of Medical Cannabis Pilot Program Act (410 ILCS 130/1 et seq.), as
amended, and the Cannabis Regulation and Tax Act (Act)
(E) VIOLATION; PENALTY: Whoever violates any provision of this Section 14-75 shall be fined
not less than $100 and not more than $200 if the drug paraphernalia is seized during a violation
of Section 14-76, otherwise the fine shall be not less than $200 nor more than $500. Each day
that a violation continues shall be considered a separate offense."
SECTION 5: All Ordinances or parts thereof in conflict with the terms and provisions
hereof are hereby repealed to the extent of such conflict.
SECTION 6: This Ordinance shall be published in pamphlet form by and under the
authority of the corporate authorities of the City of McHenry, McHenry County, Illinois.
SECTION 7: This Ordinance shall be in full force and effect from and after its passage,
approval, and publication in pamphlet form as provided bylaw.
Passed this 7th day of October, 2019.
Alderwoman Baehne
Alderman Devine
Alderman Glab
Alderman Mihevc
Alderwoman Miller
Alderman Santi
Alderman Schaefer
%
Ayes Nays
X"
X
X
Absent Abstain
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