HomeMy WebLinkAboutOrdinances - MC-16-1139 - 12/05/2016 - AMEND MC CHP 14 ARTICLE IV DRUG PARAPHERNALIAORDINANCE NO. MC-16-1139
AN ORDINANCE AMENDING CHAPTER 14, OFFENSES MISCELLANEOUS
OF THE CITY OF MCHENRY MUNICIPAL CODE
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 Village's home rule powers and functions as granted in the
Constitution of the State of Illinois; an
WHEREAS, Illinois Public Act 99-0697 has changed certain treatment of cannabis possession in
Illinois by decriminalizing the possession of drug paraphernalia in certain circumstances;
WHEREAS, the City of McHenry finds that it is necessary and desirable to prohibit the
possession drug paraphernalia in consistent with Illinois Public Act 99-0697;
NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF MCHENRY,
McHenry County, Illinois, as follows:
SECTION l: Section 14-75 Drug Paraphernalia (MC-94-621, MC-10-1011), is amended in its
entirety to read as follows with formatting to be coordinated by the City Administrator.
ARTICLE IV.
DRUG PARAPHERNALIA; POSSESSION OF CANNABIS
See. 14-75. Drug paraphernalia.
(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:
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
cannabis or from which a controlled substance or cannabis can be derived;
2. Kits used, intended for use or designed for use in manufacturing, compounding,
converting, producing, processing or preparing controlled substance or cannabis;
Isomerization devices used, intended for use or designed for use in increasing the
potency of any species of plant which is a controlled substance or cannabis;
4. Testing equipment used, intended for use or signed for use in identifying, or in
analyzing the strength effectiveness or purity of controlled substances or cannabis;
Scales and balances used, intended for use or designed for use in weighing or
measuring controlled sub stances or cannabis;
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
or cannabis;
7. 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;
8. Blenders, bowls, containers, spoons and mixing devices used, intended for use or
designed for use in compounding controlled substances or cannabis;
9. Capsules, balloons, envelopes and other containers used, intended for use or designed
for use in packaging small quantities of controlled substances or cannabis;
10. Containers and other objects used, intended for use or designed for use in storing or
concealing controlled substances or cannabis;
11. Hypodermic syringes, needles and other objects used, or intended for use, in
parenterally injecting cannabis or controlled substances into the human body;
12. Objects used, intended for use or designed for use in ingesting, inhalffig or otherwise
introducing marijuana, cocaine, 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. Carburization tubes and devices;
d. Smoking and carburization masks;
e. 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;
f. Chamber pipes;
g. Carburetor pipes;
h. Electric pipes;
i. Air -driven pipes;
j . Chillums;
k. Bongs; and
1. 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 object(s) 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 within the corporate limits of the Village.
(D) MEDICAL USE OF CANNABIS: Notwithstanding the foregoing, it shall not be unlawful for
any individual to possess drug paraphernalia consistent with the Compassionate Use of
Medical Cannabis Pilot Program Act (410 ILCS 130/1 et seq.), as amended.
(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 2: If any section, paragraph, subdivision, clause, sentence or provision of this
Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not
affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in
full force and effect.
SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the
extent of such conflict.
SECTION 4: This Ordinance shall be in full force and effect upon its passage, approval and
publication in pamphlet form (which publication is hereby authorized) as provided by law.
PASSED AND APPROVED THIS SDAY OF DECEMBER 2016.
Voting Aye: CONDON, PETERSON, CURRY, GLAB, SANTI
Voting Nay: NONE
Not Voting: NONE
Absent: SCHAEFER, WIMMER
Abstain: NONE
APPROVED:
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Mayor
ATTEST: tC.ss,. C�%
City CIe�
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