HomeMy WebLinkAbout1981-17ORDINANCE NO. 81-17
AN ORDINANCE AMENDING CHAPTER 17 of THE CODE OF
ORDINANCES OF INDIAN RIVER COUNTY, FLORIDA, EN-
TITLED "OFFENSES AND MISCELLANEOUS PROVISIONS",
BY ADDING A NEW SECTION TO BE NUMBERED 17-3
RELATED TO DRUG ABUSE PREVENTION AND CONTROL
DEFINING THE TERM "DRUG PARAPHERNALIA; PRO-
VIDING A PROCEDURE FOR DETERMINING WHETHER OR NOT
AN OBJECT IS DRUG PARAPHERNALIA; PROHIBITING THE
POSSESSION, MANUFACTURE, DELIVERY OR ADVERTISEMENT
OF DRUG PARAPHERNALIA; ESTABLISHING PENALTIES; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA:
SECTION I
That Chapter 17 of the Indian River County, Florida Code of
Ordinances is hereby amended by adding thereto a new Section to
be numbered Section 17-3, which shall read as follows:
Section 17-3. Defininq term "Drug Paraoliernalia".
procedure for determining; prohibiting
ion, manufacture, deli_
00;SHMsement; prohibiting man!Hc2tEr.
or delivery; establish� penalties.
A. The term "drug paraphernalia" means all equipment, products,
and materials of any kind which are used, intended for use, or
designed 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 body a controlled sub-
stance in violation of the Controlled Substance Act of this
State. It 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 substances;
(3) Isomerization devises 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 designed
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 substances;
(6) Diluents or adulterants, such as quinine hydrochloride,
mannitol, mannite, dextrose and lactose, used, intended for use,
or designed for use in cutting controlled substances;
(7) Separation gins and sifters used, intended for use,
or designed for.use in removing twigs and seeds from, or in
otherwise cleaninq or refining marihuana;
(H) Blenders, bowls, containers, spoons and mixing devices
used. intended for use, or designed for use in compounding
controlled substances;
(9) Capsules, balloons, envelopes, and other containers used,
intended for use, or designed for use in packaging small quan-
tities of controlled substances;
(10) Containers and other objects used, intended for use,
or designed for use in storing or concealing controlled sub-
stances;
(11) Hypodermic syringes, needles and other objects used,
intended for use, or designed for use in parenterally injected
controlled substances into the human body;
(12) Objects used, intended for use, or designed for use in
ingesting, inhaling, or otherwise introducing marihuana, cocaine,
hashish, or hashish oil into the human body, such as:
(a) Metal, wooded, 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 usel to holo burning
material; such as a marihuana cigarette, that has become
too small or too short to be held in the hand;
(f) Miniature cocaine spoons and cocaine vials;
(g) Chamber pipes;
(h) Carburetor pipes;
(j) Air -driven pipes;
(k) Chillums;
(1) Bongs;
(m) 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:
(1) Statements by an owner or by anyone in control of the
object concerning its use;
(2) The proximity of the object, in time and space, to a
direct violation of this Act;
(3) The proximity of the object to controlled substances;
(4) The existence of any residue of controlled substances
on the object;
Evc
In
(5) 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 intend to use to object Lo facili-
tate a violation of this Act; the innocence of an owner, or of
anyone in control of the object, as to a direct violation of
this Act should not prevent a finding that the object is
intended for use, or designed for use as drug paraphernalia;
(6) Instructions, oral or written, provided with the
object concerning its use;
(7) Descriptive materials accompanying the object which
explain or depict its use;
(8) National and local advertising concerning its use;
(9) The manner in which the object is displayed for sale;
(10) 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;
(11) Direct or circumstantial evidence of the ratio of
sales of the object(s) to the total sales of the business
enterprise;
(12) The existence and scope of legitimate uses for the
objects in the community;
(13) Expert testimony concerning its use.
B. Possession of Drug Paraphr.nalia. It is unlawful for any
person to use, or to possess with intent to use, drug parapher-
nalia to plant, propagate, cultivate, grow, harvest, manu-
facture, compound, convert, produce, possess, prepare, test,
analyze, pack, repack, store, contain, conjeal, inject, ingest,
inhale or otherwise introduce into the human body a controlled
substance in violation of this Act. Any person who violates
this Section is guilty of an offen:^ and upon conviction may be
penalized as provided in Section I.4 of this Ordinance.
C. Manufacture or Delivery of Drug_Paraphernalia. It is
unlawful for any person to deliver, possess�t, intent to
deliver, or manufacture with intent to deliver, drug parapher-
nalia, knowing that it will be used to plant, propagate, culti-
vate, 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 substance in violation of this Act.
Any person who violates this Section is guilty of an offense
and upon conviction may be penalized as provided in Section I -F
of this Ordinance.
D. Advertisement of Drug Paraphernalia. It is unlawful for
any person to place in any newspaper, magazine, handbill, or
other publication any advertisement, knowing that the purpose
of the advertisement, in whole or in part, is to promote the
sale of objects designed or intended for use as drug parapher-
nalia. Any person who violates this Section is guilty of an
offense and upon conviction may be penalized as provided in
Section I -F of this Ordinance.
E. Severability. If any provision of this Ordinance or the
application thereof to any person or circumstance is held
invalid, the invalidity does not affect other provisions or
applications of the ordinance which can be given effect without
the invalid provision or application, and to this end the pro-
visions of this Ordinance are severable.
-3-
F. Penalties. Any person violating any of the provisions
of this Ordinance shall, upon conviction, be punished as pre-
scribed by law for violations of County Ordinances. Each day
or fraction thereof that a violation of this Ordinance continues
shall be deemed a separate violation.
SECTION II
This Ordinance shall become effective according to law.
STATE OF FLORIDA
INDIAN RIVER COUNTY
THIS IS TO CERTIFY THAT THIS IS
A TRUE AND CORRECT COPY OF
THE ORIGINAL ON FILE IN THIS
OFFICE.
FREDA WRIGHT, CLERK
BY,912MY]4��I�D-C-
Dk4E IT- -) - QP/
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