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Ordinance 758-81
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Ordinance 758-81
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7/5/2018 11:20:55 AM
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Ordinances
Ordinance Number
758-81
Date
2/4/1981
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• <br /> 1 c. Carburetion tubes and devices; <br /> 2 d. Smoking and carburetion masks; <br /> 3 e. Roach clips: meaning objects used to hold burning material, <br /> 4 such as a marijuana cigarette, that has become too small or too short to <br /> 5 be held in the hand; <br /> 6 f. Miniature cocaine spoons, and cocaine vials; <br /> 7 g. Chamber pipes; <br /> 8 h. Carburetor pipes; <br /> 9 i. Electric pipes; <br /> 10 j. Air-driven pipes; <br /> 11 k. Chillums; <br /> 12 1. Bongs; <br /> 13 m. Ice pipes or chillers. <br /> 14 <br /> In determining whether an object is drug paraphernalia, a court or other <br /> 15 <br /> authority should consider, in addition to all other logically relevant factors, the <br /> 16 <br /> following: <br /> 17 <br /> 1. Statements by an owner or by anyone in control of the object concerning <br /> 18 <br /> its use; <br /> 19 2. Prior convictions, if any, of an owner, or of anyone in control of the <br /> 20 object, under any state or federal law relating to any controlled substance; <br /> 21 3. The proximity of the object, in time and space, to a direct violation of <br /> 22 this Act; <br /> 23 4. The proximity of the object to controlled substances; <br /> 24 5. The existence of any residue of controlled substances on the object; <br /> 25 6. Direct or circumstantial evidence of the intent of an owner, or of anyone <br /> 26 in control of the object, to deliver it to persons whom he knows, or should reasonably <br /> 27 know, intend to use the object to facilitate a violation of this Act; the innocence of an <br /> 28 owner, or of anyone in control of the object, as to a direct violation of this Act shall <br /> 29 not prevent a finding that the object is intended for use, or designed for use as drug <br /> 30 paraphernalia; <br /> 31 7. Instructions, oral or written, provided with the object concerning its use; <br /> 32 <br /> -3- <br />
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