[HISTORY: Adopted by the Board of Supervisors of the Township
of Connoquenessing at time of adoption of Code (see Ch. 1, General
Provisions, Art. I). Amendments noted where applicable.]
This chapter shall be known as the "Paraphernalia Ordinance
of the Township of Connoquenessing."
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 indicates
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 uses
of a spoon. 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
Section 4 of the Act of April 14, 1972, P.L. 233, No. 64, as amended,
35 P.S. § 780-104; being Section 4 of what is commonly known
as "The Controlled Substance, Drug, Device and Cosmetic Act" of 1972.[1]
A pipe characterized by a bowl which is so small that the
primary use for which it is reasonably adapted or designed is the
smoking of marijuana or hashish, rather than lawful smoking tobacco,
and which may or may not be equipped with a screen.
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 this chapter. It includes, but is not limited to:
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 or 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: 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.
Ice pipes or chillers.
In determining whether an object is paraphernalia or drug paraphernalia,
a court or other authority should consider, in addition to all other
logically relevant factors, the following:
Statements by an owner or by anyone in control of the object
concerning its use.
Prior convictions, if any, of an owner or of anyone in control
of the object under any Township ordinance, state or federal law relating
to any controlled substance.
The proximity of the object, in time and space, to a direct
violation of this chapter.
The proximity of the object to controlled substances.
The existence of any residue of controlled substances on the
object.
Direct or circumstantial evidence of the intent of an owner
or of anyone in control of the object to deliver it to persons whom
he knows intend to use the object to facilitate a violation of this
chapter; the innocence of an owner or of anyone in control of the
object, as to a direct violation of this chapter, shall not prevent
a finding that the object is intended for use or designed for use
as drug paraphernalia or paraphernalia.
Instructions, oral or written, provided with the object concerning
its use.
Descriptive materials accompanying the object which explain
or depict its use.
National and local advertising concerning its use.
The manner in which the object is displayed for sale.
Direct or circumstantial evidence of the ratio of sales of the
object(s) to the total sales of the business enterprise.
The existence and scope of legitimate uses for the object in
the community.
Expert testimony concerning its use.
An individual, 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.
[1]
. Editor's Note: See 35 P.S. § 780-101 et seq.
A.
It is unlawful for any person to use or to possess with intent to
use drug paraphernalia 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 unlawful for any person to deliver, sell, possess with intent
to deliver or sell or manufacture with intent to deliver or sell drug
paraphernalia, knowing that it 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.
C.
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 paraphernalia.
This chapter shall not be construed to prohibit the display
by police or other police-sanctioned authorities of drug paraphernalia
or paraphernalia for educational or demonstrative use.
The prohibitions contained in this chapter shall not apply to
manufacturers, wholesalers, jobbers, licensed medical technicians,
paramedics, technologists, 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 warehousers or their employees engaged in the 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.
This chapter is hereby declared to be an emergency measure necessary
for the immediate preservation of the public health, safety and welfare
of the Township of Connoquenessing, and for the further reason that
sale and use of drug paraphernalia is a presently existing and serious
danger to youths and other residents of the Township which requires
immediate regulation.
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not 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.
