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HomeMy WebLinkAboutOrdinances - MC-80-188 - 08/04/1980 - Ch 14 Drug ParaphernaliaMC-80-188 AN ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY, McHENRY COUNTY, ILLINOIS, as follows: SECTION 1. Chapter 14 of the Municipal Code, City of McHenry, Illinois, be and the same is hereby amended by adding thereto the following, as and for Sections 14-75 and 14-76 of Article IV thereof: ARTICLE IV DRUG PARAPHERNALIA SECTION 14-75. Definitions. The following words and phrases when used in this Ordinance shall, for the purposes of this Ordinance, have the mean- ings respectively ascribed to them in this Section, except where the context clearly indicates a different meaning: (1) "Cocaine spoon": A spoon with a bowl so small that the primary use for which it is reasonably adapted 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. (2) "Controlled Substance": Any drug, substance, or immediate precursor enumerated in Schedules 1-5, Chapter 56-1/2, PA 79-454 of the Illinois Revised Statutes, as amended (commonly known as the Controlled Substances Act). (3) "Cannabis": As defined in Section 703 of Chapter 56-1/2, PA 79-1465 of the Illinois Revised Statues, as amended. (4) "Marijuana or hashish pipe": A pipe charac- terized by a bowl which is so small that the primary use for which it is reasonably adapted or designed is the smoking of marijuana or hashish, rather than lawful smoking tobacco, and which may or may not be equipped with a screen. (5) The term "Drug Paraphernalia" means all equip- ment, products and materials of any kind which are used, intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufac- turing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance as defined in Schedules 1-5, Chapter 56-1/2, PA 79-454 of the Illinois Revised Statutes, as amended or cannabis as defined in Section 703 of Chapter 56-1/2, PA 79-1465 of the Illinois Revised Statues, as amended. It includes, but is not limited to: (a) Kits used, intended for use, or designed for use in planting, propagating, cultivating, grow- ing or harvesting of any species of plant which is a controlled substance or cannabis or from which a controlled substance or cannabis can be derived. (b) Kits used, intended for use, or de- signed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substance or cannabis; (c) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a con- trolled substance or cannabis; (d) Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances or cannabis; (e) Scales and balances used, intended for use, or designed for use in weighing or measured controlled substances or cannabis; (f) Diluents and adulterant_, such as quinine hydrochloride, manitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting controlled substances or cannabis; (g) 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; (h) Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances or cannabis; (i) Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances or cannabis; (j) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances or cannabis; (k) Objects used, intended for use, or designed for use in ingesting, inhaling, or other- wise introducing marijuana, cocaine, hashish oil into the human body, such as: (1) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls; (2) Water pipes; (3) Carburetion tubes and devices; (4) Smoking and carburetion masks; (5) Roach clips: meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand; -2- (6) Chamber pipes; (7) Carburetor pipes; (8) Electric pipes; (9) Air -driven pipes; (10) Chillums; (11) Bongs; (12) Ice pipes or chillers; In determining whether an object is Drug parapher- nalia, 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 and space, to a direct violation of this Act; (d) The proximity of the object to controlled substances; (e) The existence of any residue of controlled substances on the object; (f) Diluents and adulterants, such as quinine hydrochloride, manitol, mannite, dextrose and lac- tose, used, intended for use, or designed for use in cutting controlled substances or cannabis; (g) 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; (h) Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances or cannabis; (i) Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances or cannabis; (j) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances or cannabis; (k) objects used, intended for use, or de- signed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish oil into the human body, such as: (1) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls; -3- (2) Water pipes; (3) Carburetion tubes and devices; (4) Smoking and carburetion masks; (5) Roach clips: meaning objects used to hold burning material, such as a marijuana cigarette that has become too small or too :short to be held in the hand; (6) Chamber pipes; (7) Carburetor pipes; (8) Electric pipes; (9) Air -driven pipes; (10) Chillums; (11) Bongs; (12) Ice pipes or chillers; 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: (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 and space, to a direct violation of this Act; (d) The proximity of the object to con- trolled substances; (e) The existence of any residue of con- trolled substances on the object; (f) 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 Act; the innocence of an owner, or of anyone in con- trol of the object, as to a direct violation of this Act shall not prevent a finding that the object is intended for use, or designed for use as Drug paraphernalia; (g) Instructions, oral or written, provided with the object concerning its use; (h) Descriptive materials accompanying the object which explain or depict its use; (i) National and local advertising concern- ing its use; (j) The manner in which the object is displayed for sale; -4- (k) 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; (1) Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise; (m) The existence and scope of legitimate uses for the object in the community; (n) Expert testimony concerning its "use". (6) "Person": An individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association. Section 14-76. It shall be unlawful for any person to Sell, offer for sale, display, furnish, supply or give away any cocaine spoon, marijuana pipe, hashish pipe, or any drug paraphernalia. The prohibition contained inthis section shall not apply to manufacturers, wholesalers, jobber;, licenced medical technicians, technologists, nurses, hospitals, research teaching institutions, clinical laboratories, medical doctors, osteopathic physicians, dentists, chiropodists, veterinarians, pharmacists, or embalmers in the normal lawful course of their respective businesses or professions, nor to common carriers or warehousers or their employees engaged in the lawful transportation of such paraphernalia, nor to public officers or employees while engaged in the performance of their official duties, nor to persons suffering from diabetes, asthma, or any other medical condition requiring self injection. Section 2. Penalties. A person who violates any provi- sion or provisions of this Ordinance, upon conviction, shall be punished with a fine not exceeding Five Hundred ($500.00) Dollars and not less than Twenty Five ($25.00) Dollars. Each day of the violation shall be considered a separate offense. Section 3. Construction; Severability. It is the legis- lative intent that all provisions and sections, clauses and sentences of the Ordinance be liberally construed, and should any provision, section, clause or sentence be held unconstitutional or invalid, such holding shall not be construed as affecting the validity of any of the remaining provisions, sections, clauses, or sentences, it: being the intent that this Ordinance shall stand notwith- standing of the validity of any provision, section, clause or sentence. Section 4. This Ordinance shall be published in pamphlet form by and under the authority of the corporate authori- ties of the City of McHenry, Illinois. Section 5. This Ordinance shall be in full force and effect after its passage, approval and publication in pamphlet form. -5- Passed this 4th day of August , 1980. AYES: Nolan, Pepping, Datz, Harker, Adams, Wieser, Schooley, Meurer NAYS: None ABSTAIN: None ABSENT: None Approved this 4th day of August 1980. ATTEST: CITY CLERK MAYOR I=