Laserfiche WebLink
4 <br /> 12.Objects used, intended for use, or designed for use in ingesting,inhaling,or <br /> otherwise introducing cocaine into the human body, such as: <br /> a. Metal,wooden,acrylic,glass,stone,plastic, or ceramic pipes with or <br /> without screens,permanent screens,hashish heads, or punctured metal <br /> bowls; <br /> b. Water pipes; <br /> c. Carburetion tubes and devices; <br /> d. Smoking and carburetion masks; <br /> e. Miniature cocaine spoons,and cocaine vials; <br /> f. Chamber pipes; <br /> g. Carburetor pipes; <br /> h. Electric pipes; <br /> i. Air-driven pipes;and <br /> j. Ice pipes or chillers. <br /> B. In determining whether an object is drug paraphernalia under this section,a court or <br /> other authority should consider, in addition to all other logically relevant factors,the <br /> following: <br /> 1. Statements by an owner or by anyone in control of the object concerning its use; <br /> 2. Prior convictions,if any, of an owner, or of anyone in control of the object,under <br /> any state or federal law relating to any controlled substance; <br /> 3. The proximity of the object,in time and space,to a direct violation of this <br /> chapter; <br /> 4. The proximity of the object to controlled substances; <br /> 5. The existence of any residue of controlled substances on the object; <br /> 6. Direct or circumstantial evidence of the intent of an owner,or of anyone in <br /> control of the object,to deliver it to persons whom he or she knows,or should <br /> reasonably know,intend to use the object to facilitate a violation of this chapter; <br /> the innocence of an owner, or of anyone in control of the object, as to a direct <br /> violation of this chapter shall not prevent a finding that the object is intended or <br /> designed for use as drug paraphernalia; <br /> 7. Instructions,oral or written,provided with the object concerning its use; <br /> 8. Descriptive materials accompanying the object which explain or depict its use; <br /> 9. National and local advertising concerning its use; <br /> 10. The manner in which the object is displayed for sale; <br /> 11. Whether the owner,or anyone in control of the object,is a legitimate supplier of <br /> like or related items to the community,such as a licensed distributor or dealer of <br /> tobacco products; <br /> 12.Direct or circumstantial evidence of the ratio of sales of the object(s)to the total <br /> sales of the business enterprise; <br /> 13. The existence and scope of legitimate uses for the object in the community; and <br /> 14.Expert testimony concerning its use. <br /> Section 6: Ordinance 1145-85 §14(part)(Chapter 10.02 EMC)is amended by the addition of <br /> the following section: <br /> 3 <br /> 22 <br />