Village of Port Chester, NY Drug Paraphernalia

[1]

Editor's Note: Former Ch. 169, Dry-Cleaning Establishments and Laundromats, was comprised as follows: Art. I, General Provisions, adopted 12-3-1962, was repealed 11-3-1997 by L.L. No. 17-1997. Art. II, Laundromats, adopted 10-5-1964, was renumbered as Ch. 204, 11-3-1997 by L.L. No. 17-1997.

As used in this chapter, the following terms shall the meanings indicated:

CONTROLLED SUBSTANCE

Includes any drug or other substance, or immediate precursor as defined in the Controlled Substance Act (see 21 U.S.C. § 802) or as defined in the New York State Controlled Substances Act.[1]

DRUG PARAPHERNALIA

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 laws of the State of New York. It includes, but is not limited to:

(1)

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;

(2)

Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances;

(3)

Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance;

(4)

Testing equipment used, intended for use, or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances;

(5)

Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;

(6)

Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting controlled substances;

(7)

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;

(8)

Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances;

(9)

Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances;

(10)

Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances;

(11)

Hypodermic syringes, needles and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body;

(12)

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:

(a)

Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls;

(b)

Water pipes;

(c)

Carburetion tubes and devices;

(d)

Smoking and carburetion masks;

(e)

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;

(f)

Miniature cocaine spoons; cocaine vials;

Chamber pipes;

Carburetor pipes;

Electric pipes;

Air-driven pipes;

Chillums;

Bongs;

Ice pipes or chillers;

(13)

Cocaine spoon: a spoon with a bowl so small that the primary use for which it is reasonably adopted 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 labeled as a "cocaine" spoon or "coke" spoon;

(14)

Marijuana or hashish pipe: a pipe characterized by a bowl which is so small that the primary use for which it is reasonably adopted 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.

In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following:

(1)

Statements by an owner or by anyone in control of the object concerning its use;

(2)

Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance;

(3)

The proximity of the object, in time and space, to a direct violation of this chapter;

(4)

The proximity of the object to controlled substances;

(5)

The existence of any residue of controlled substance on the object;

(6)

Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons who he knows, or should reasonably know, 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, of a direct violation of this chapter should not prevent a finding that the object is intended for use or designed for use as drug paraphernalia;

(7)

Instructions, oral or written, provided with the object concerning its use;

(8)

Descriptive materials accompanying the object which explain or depict its use;

(9)

National and local advertising concerning its use;

(10)

The manner in which the object is displayed for sale;

(11)

Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;

(12)

Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise;

(13)

The existence and scope of legitimate uses for the object in the community;

(14)

Expert testimony concerning its use.

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Editor's Note: See Public Health Law § 3300.

Each and every day a violation of this chapter exists shall constitute a separate and distinct offense.

Persons found guilty of a first offense shall be subject to a fine not exceeding $700 for each violation and/or imprisonment up to 15 days, and each such violation shall constitute a violation.

Persons found guilty of a second offense, both of which were committed within a period of 10 years, shall be subject to a fine of not less than $700 nor more than $1,400 and/or imprisonment up to one year, and each such violation shall constitute a misdemeanor.

Upon conviction of a third or subsequent offense, all of which were committed within a period of 10 years, violators shall be subject to a fine not less than $1,400 nor more than $2,000 and/or imprisonment up to one year, and each such violation shall constitute a misdemeanor.

In addition to those penalties prescribed above, any person who violates any provision of this chapter shall be liable to a civil penalty in a minimum amount of $250 not to exceed $1,000.

Each day of such violation shall constitute a separate and distinct offense.

The Village may prosecute a violation through the commencement of a civil action or injunction proceeding by the Village Attorney in a court of competent jurisdiction.