Zoning — See Ch. 260.
§ 138-1Location of head shops restricted.
§ 138-3Violations and penalties.
It shall be unlawful to establish or maintain any head shop within 500 feet of any area zoned for residential use.
As used in this chapter, the following terms shall have the meanings indicated:
- HEAD SHOP
- An establishment which includes in its stock-in-trade, with intent
to deliver or sell for use with drugs or controlled substances, or advertises
paraphernalia for use with drugs, such as scales, small spoons, sieves, gelatin
capsules, hashish heads or punctured metal bowls, water pipes designed for
or intended for use with marijuana, hashish, hashish oil or cocaine, carburetion
tubes and devices, roach clips, smoking and carburetion masks, separation
pins designed for use or intended for use in cleaning marijuana, cocaine vials,
chamber pipes, carburetor pipes, electric pipes, air-driven pipes, chillums,
bongs, ice pipes, hypodermic syringes and needles or metal, wooden, acrylic,
glass, stone, plastic or ceramic marijuana or hashish pipes with or without
screens, or any other drug paraphernalia as such term is defined in 35 P.S. § 780-102.[Amended 4-6-1987 by Ord. No. 943, approved 4-6-1987]
When written notice has been served by the Mayor, acting through a Borough policeman, of a violation of this chapter, upon the person in charge of such head shop and/or upon the owner, lessee or occupant of the establishment, premises, place or location, or agent thereof, such violation shall be discontinued immediately to protect the compelling public interest in the preservation of residential neighborhoods, to prevent economic blight and to minimize opportunities for exposing minors, schoolchildren and other susceptible persons to the deleterious effects of drugs with accompanying adverse consequences to the community.
Any owner, lessee or occupant of such head shop in which such violation exists and any person who knowingly commits, participates in or permits any such violation shall, upon conviction before the District Justice in a summary proceeding, be sentenced to pay a fine not exceeding $1,000 for each such violation (each day of continuance thereof after such written notice constituting a separate violation) and also the costs of prosecution and, upon refusal to pay such fine and costs, to be imprisoned in the jail of Dauphin County for a period not exceeding 30 days.