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(5) Direct or circumstantial evidence of the intent of
<br />an owner, or of anyone in control of the object, to deliver
<br />it to persons who he knows intend to use to object Lo facili-
<br />tate a violation of this Act; the innocence of an owner, or of
<br />anyone in control of the object, as to a direct violation of
<br />this Act should not prevent a finding that the object is
<br />intended for use, or designed for use as drug paraphernalia;
<br />(6) Instructions, oral or written, provided with the
<br />object concerning its use;
<br />(7) Descriptive materials accompanying the object which
<br />explain or depict its use;
<br />(8) National and local advertising concerning its use;
<br />(9) The manner in which the object is displayed for sale;
<br />(10) Whether the owner, or anyone in control of the object,
<br />is a legitimate supplier of like or related items to the
<br />community, such as a licensed distributor or dealer of tobacco
<br />products;
<br />(11) Direct or circumstantial evidence of the ratio of
<br />sales of the object(s) to the total sales of the business
<br />enterprise;
<br />(12) The existence and scope of legitimate uses for the
<br />objects in the community;
<br />(13) Expert testimony concerning its use.
<br />B. Possession of Drug Paraphr.nalia. It is unlawful for any
<br />person to use, or to possess with intent to use, drug parapher-
<br />nalia to plant, propagate, cultivate, grow, harvest, manu-
<br />facture, compound, convert, produce, possess, prepare, test,
<br />analyze, pack, repack, store, contain, conjeal, inject, ingest,
<br />inhale or otherwise introduce into the human body a controlled
<br />substance in violation of this Act. Any person who violates
<br />this Section is guilty of an offen:^ and upon conviction may be
<br />penalized as provided in Section I.4 of this Ordinance.
<br />C. Manufacture or Delivery of Drug_Paraphernalia. It is
<br />unlawful for any person to deliver, possess�t, intent to
<br />deliver, or manufacture with intent to deliver, drug parapher-
<br />nalia, knowing that it will be used to plant, propagate, culti-
<br />vate, grow, harvest, manufacture, compound, convert, produce,
<br />process, prepare, test, analyze, pack, repack, store, contain,
<br />conceal, inject, ingest, inhale, or otherwise introduce into
<br />the human body a controlled substance in violation of this Act.
<br />Any person who violates this Section is guilty of an offense
<br />and upon conviction may be penalized as provided in Section I -F
<br />of this Ordinance.
<br />D. Advertisement of Drug Paraphernalia. It is unlawful for
<br />any person to place in any newspaper, magazine, handbill, or
<br />other publication any advertisement, knowing that the purpose
<br />of the advertisement, in whole or in part, is to promote the
<br />sale of objects designed or intended for use as drug parapher-
<br />nalia. Any person who violates this Section is guilty of an
<br />offense and upon conviction may be penalized as provided in
<br />Section I -F of this Ordinance.
<br />E. Severability. If any provision of this Ordinance or the
<br />application thereof to any person or circumstance is held
<br />invalid, the invalidity does not affect other provisions or
<br />applications of the ordinance which can be given effect without
<br />the invalid provision or application, and to this end the pro-
<br />visions of this Ordinance are severable.
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