[HISTORY: Adopted by the Board of Supervisors
of Carroll Township 3-2-1983 by Ord. No. 23. Amendments noted where
applicable.]
This chapter shall be known and may be cited
as the "Controlled Substance Paraphernalia Prohibition Ordinance of
Carroll Township."
As used in this chapter, the following terms
shall have the meanings indicated:
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 substance in
violation of the Controlled Substance, Drug, Device and Cosmetic Act
of April 14, 1972, P.L. 233, No. 64 (35 P.S. § 780-101 et
seq.). The term "drug paraphernalia" includes, but is not limited
to, the following:
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;
Kits used, intended for use, or designed for
use in manufacturing, compounding, converting, producing, processing,
or preparing controlled substances;
Isomerization devices used, intended for use,
or designed for use in increasing the potency of any species of plant
which is a controlled substance;
Testing equipment used, intended for use, or
designed for use in identifying or in analyzing the strength effectiveness
or purity of controlled substances;
Scales and balances used, intended for use,
or designed for use in weighing or measuring controlled substances;
Diluents and adulterants, such as quinine hydrochloride,
mannitol, mannite, dextrose and lactose, used, intended for use, or
designed for use in cutting controlled substances;
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;
Blenders, bowls, containers, spoons and mixing
devices used, intended for use, or designed for use in compounding
controlled substances;
Capsules, balloons, envelopes and other containers
used, intended for use, or designed for use in packaging small quantities
of controlled substances;
Containers and other objects used, intended
for use, or designed for use in storing or concealing controlled substances;
Hypodermic syringes, needles and other objects
used, intended for use, or designed for use in parenterally injecting
controlled substances into the human body;
Objects used, intended for use, or designed
for use in ingesting, inhaling, or otherwise introducing marijuana,
cocaine, hashish, or hashish oil into the human body, such as:
Metal, wooden, acrylic, glass, stone plastic,
or ceramic pipes with or without screens, permanent screens, hashish
heads or punctured metal bowls;
Water pipes;
Carburetion tubes and devices;
Smoking and carburetion masks;
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;
Miniature cocaine spoons, and cocaine vials;
Chamber pipes;
Carburetor pipes;
Electric pipes;
Air-driven pipes;
Chillums;
Bongs; and
Ice pipes or chillers.
A.
It is a violation of this chapter for any person,
other than a licensed pharmacist, physician, dentist, hospital personnel
or medical personnel, all of whom are operating within the normal
course of their profession, to offer for sale, to deliver by sale
or gift, or to manufacture with intent to deliver by sale or gift,
drug paraphernalia, knowing, or under circumstances where one reasonably
should know, that said drug paraphernalia will be used to plant, propagate,
cultivate, 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 chapter.
B.
It is a violation of this chapter for any person,
other than a licensed pharmacist, physician, dentist, hospital personnel
or medical personnel, all of whom are operating within the normal
course of their profession, to place in any newspaper, magazine, handbill,
or other publication of general circulation in Carroll Township any
advertisement, knowing, or under circumstances where one reasonably
should know, 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 paraphernalia.
A.
Except as indicated in Subsection B below, any person who violates or permits a violation of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a District Justice, pay a fine of not less than $100 nor more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this chapter. No judgment shall be imposed until the date of the determination of the violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
B.
If enforcement of this chapter is regulated under
53 P.S. § 66601(c.1)(2) of the Second Class Township Code,
any person who violates or permits a violation of this chapter, shall,
upon conviction in a summary proceeding brought before a District
Justice under the Pennsylvania Rules of Criminal Procedure, be guilty
of a summary offense and shall be punishable by a fine of not less
than $100 nor more than $1,000, plus costs of prosecution. In default
of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this chapter that is violated
shall also constitute a separate offense.
