Borough of Riverdale, NJ Drugs and Drug Paraphernalia

Includes but is not limited to the following: 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 dangerous substance as named in the provision of N.J.S.A. 24:21 et seq. It shall include but not be 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 dangerous substance or from which a controlled dangerous substance can be derived.

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

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

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

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

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

Containers and other objects used, intended for use or designed for use in parenterally injecting controlled dangerous substances into the human body.

Objects used, intended for use or designated for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body such as:

(1)

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

(2)

Water pipes.

(3)

Carburetion tubes and devices.

(4)

Smoking and carburetion masks.

(5)

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.

(6)

Miniature cocaine spoons and cocaine vials.

Chamber pipes.

Carburetor pipes.

Electric pipes.

Air-driven pipes.

Chillums.

Bongs.

Ice pipes or chillers.

VENDOR

One who sells or delivers.

§ 92-2 Sale or delivery of products.

It shall be unlawful for any person to sell or deliver any equipment, products or materials used, intended for use or designed for use, essentially, to produce, package, store, test or use illicit drugs.

§ 92-3 Presumption of sale.

It shall be presumed that the sale or delivery of drug paraphernalia is for an illegal purpose, unless it can be shown that when the property was delivered or sold:

Inquiries were made by the vendor sufficient to satisfy an ordinary prudent person that the property would not be used for an illegal purpose.

When selling or delivering the property to a minor under the age of 18, that the inquiries above mentioned were made in the presence of a parent or legal guardian.

That establishment of all the following facts by the vendor shall be a defense to selling to a minor out of the presence of a parent or guardian:

(1)

That the minor falsely represented in writing that he or she was 18 years of age or over.

(2)

That the appearance of the minor was such that an ordinary prudent person would believe him or her to be 18 years of age or over.

(3)

That the sale was made in good faith relying upon such written representation and appearance and in the reasonable belief that the minor was actually 18 years of age or over.

§ 92-4 Compliance.

Notwithstanding the aforesaid, no one shall be guilty of violating this article if § 92-3 has been complied with.

§ 92-5 Violations and penalties.

[Amended 9-21-1992 by Ord. No. 4-92]

A person violating any of the provisions of this article shall, upon conviction, be subject to either imprisonment for a term not exceeding 90 days, or by a fine not exceeding $1,000 or both.

Article II Drug-Free Zone Map

[Adopted 10-13-1988 by Ord. No. 18-88; amended in its entirety 8-7-2000 by Ord. No. 9-2000]

§ 92-6 Map approved and adopted.

In accordance with and pursuant to the authority of L. 1988, c. 44 (N.J.S.A. 2C:35-7), and L. 1997, c. 327 (N.J.S.A. 2C:35-7.1), the Drug-Free Zone Map produced on or about February 8, 1999, by Paul P. Darmofalski, Professional Engineer, is hereby approved and adopted as an official finding and record of the location and areas within the municipality of property which is used for school purposes and which is owned by or leased to any elementary or secondary school or school board and of the areas on or within 1,000 feet of such school property and public parks or public buildings or within 500 feet of such property.

§ 92-7 Map to constitute an official finding and record.

The Drug-Free Zone Map approved and adopted pursuant to § 92-6 of this article shall continue to constitute an official finding and record as to the location and boundaries of areas on or within 1,000 feet of property owned by or leased to any elementary or secondary school or school board which is used for school purposes and public parks or public buildings within 500 feet of such property until such time, if any, that this article shall be amended to reflect any additions or deletions with respect to the location and boundaries of applicable property and drug-free zones.

§ 92-8 Notification of changes in school properties.

The school board, or the chief administrative officer in the case of any private or parochial school, is hereby directed and shall have the continuing obligation to promptly notify the Municipal Engineer and the Municipal Attorney of any changes or contemplated changes in the location and boundaries of any property owned by or leased to any elementary or secondary school or school board and which is used for school purposes.

§ 92-9 Clerk to keep original map on file.

The Clerk of the municipality is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to § 92-6 of this article and to provide at a reasonable cost a true copy thereof to any person, agency or court which may from time to time request such a copy, along with a certification that such copy is a true copy of the map approved and adopted herein and kept on file. It is hereby further directed that a true copy of such map and of this article shall be provided without cost to the County Clerk and to the office of the Morris County Prosecutor.

§ 92-10 Additional determination.

The following additional matters are hereby determined, declared, recited and stated:

It is understood that the map approved and adopted pursuant to § 92-6 of this article was prepared and is intended to be used as evidence in prosecutions arising under the criminal laws of this state, and that pursuant to state law, such map shall constitute prima facie evidence of the following:

(1)

The location of elementary and secondary schools within the municipality.

(2)

The boundaries of the real property which is owned by or leased to such schools or a school board.

(3)

That such school property is and continues to be used for school purposes.

(4)

The location and boundaries of areas which are on or within 1,000 feet of such school property.

(5)

The location and boundaries of areas which are on or within 500 feet of real property comprising a public park or public building.

Except as is otherwise expressly noted on the face of the approved and adopted map, all of the property depicted on the map approved and adopted herein as school property was owned by or leased to a school or school board and was being used for school purposes as of July 9, 1987, that being the effective date of L. 1987, c. 101 (N.J.S.A. 2C:35-7).

Pursuant to the provisions of L. 1988, c. 44, a prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offense defined in that statute, including use of a map or diagram other than the one approved and adopted pursuant to § 92-6 of this article. The failure of the map approved herein to depict the location and boundaries of any property which is, in fact, used for school purposes and which is owned by or leased to any elementary or secondary school or school board, whether the absence of such depiction is the result of inadvertent omission or the result of any changes in the location and boundaries of such property which have not yet been incorporated into a revised approved map, shall not be deemed to be an official finding and record that such property is not owned by or leased to a school or school board or that such property is not used for school purposes.

All the requirements set forth in L. 1988, c. 44, concerning the preparation, approval and adoption of a Drug-Free Zone Map have been complied with, as well as the requirements set forth in L. 1997, c. 327, concerning parks and public buildings.