[HISTORY: Adopted by the Board of Commissioners
of the Township of South Whitehall 7-14-1980 by Ord. No. 311. Amendments
noted where applicable.]
This chapter shall be known and may be cited
as the "Paraphernalia Ordinance of the Township of South Whitehall."
The following words and phrases when used in
this chapter shall, for the purposes of this chapter, have the meanings
respectively ascribed to them in this section, except where the context
clearly indicated a different meaning:
A spoon with a bowl so small that the primary use for which
it is reasonably adapted or designed is to hold or administer cocaine,
and which is so small as to be unsuited for the typical, lawful use
of a spoon as an eating device. A cocaine spoon may or may not be
merchandised on a chain and may or may not be labeled as a "cocaine"
spoon or "coke" spoon.
Any drug, substance or immediate precursor, enumerated in
§ 4 of the Act of April 14, 1972, P.L. 233, No. 64, as amended
(35 P.S. §§ 78-104) (being § 4 of what is
commonly known as the "Controlled Substance, Drug, Device and Cosmetic
Act of 1972").
A pipe characterized by a bowl which is so small that the
primary use for which it is reasonable adapted or designed is the
smoking of marijuana or hashish, rather than the lawful smoking of
tobacco, and which may or may not be equipped with a screen.
Containers and other objects used, intended for use or designed
for use in storing or concealing controlled substances, hypodermic
syringes and needles; and other 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.
Chillums.
Bongs.
Ice pipes or chillers.
An individual or corporation, government or governmental
subdivision or agency, business trust, estate, trust partnership or
association.
Any museum, library, school or other similar public place
upon which business is not transacted for profit.
A business establishment and the structure of which it is
a part and facilities and appurtenances therein and grounds, areas
and facilities held out for the use of patrons.
It shall be unlawful for any person to sell,
offer for sale, dispense, give away or display any cocaine spoon,
marijuana pipe, hashish pipe or any other paraphernalia as herein
defined in or upon any premises except for a special place of display
by police or other police sanctioned authorities for educational or
demonstrative use.
The prohibition contained in § 155-3 hereof shall not apply to manufacturers, wholesalers, jobbers, licensed medical technicians, paramedics, technologist, nurses, hospitals, research teaching institutions, clinical laboratories, medical doctors, osteopathic physicians, dentists, chiropodists, veterinarians, pharmacists, or embalmers in the normal lawful course of their respective businesses or professions, nor to common carriers or warehouses or their employees while engaged in lawful transportation of such paraphernalia, nor to public officers or employees while engaged in the performance of their official duties, nor to persons suffering from diabetes, asthma or any other medical condition requiring self injection.
[Amended 2-7-1989 by Ord. No. 449[1]]
Any person, firm or corporation who shall violate
any provision of this chapter shall, upon conviction thereof, be sentenced
to pay a fine not to exceed $1,000 plus costs and, in default of payment
of said fine and costs, to imprisonment for a term not to exceed 30
days. Each day that a violation of this chapter continues shall constitute
a separate offense.
