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Borough of Homestead, PA
Allegheny County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Homestead 6-10-1982 by Ord. No. 942. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
A. 
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 35 P.S. § 780-101 to 780-144 (The Controlled Substance Drug, Device and Cosmetic Act). 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 a controlled substance.
(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 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, premanent 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 to short to be held in the hand.
(f) 
Miniature cocaine spoons and cocaine vials.
(g) 
Carburetor pipes.
(h) 
Chamber pipes.
(i) 
Electric pipes.
(j) 
Chillums.
(k) 
Bongs.
(l) 
Ice pipes or chillers.
(13) 
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:
(a) 
Statements by an owner or by anyone in control of the object concerning its use.
(b) 
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 substances.
(c) 
The proximity of the object, in time and space, to a direct violation of 35 P.S. § 780-101 to 780-144.
(d) 
The proximity of the object to controlled substances.
(e) 
The existence of any residue of controlled substances on the object.
(f) 
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, or should reasonably know, intend to use the object to facilitate violation of 35 P.S. § 780-101 to 780-144; the innocence of an owner, or of anyone in control of the object, as to a direct violation of 35 P.S. § 780-101 to 780-144 shall not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia.
(g) 
Instructions, oral or written, provided with the object concerning its use.
(h) 
Descriptive materials accompanying the object which explain or depict its use.
(i) 
National and local advertising concerning its use.
(j) 
The manner in which the object is displayed for sale.
(k) 
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 to tobacco products.
(l) 
Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise.
(m) 
The existence and scope of legitimate uses for the object in the community.
(n) 
Expert testimony concerning its use.
For items, effect, paraphernalia, accessory or thing which is designed or marketed for use with illegal cannabis or drugs:
A. 
Paper: white paper or tobacco oriented paper, not necessarily designed for use with illegal cannabis or drugs may be displayed. Other paper of colorful design, names oriented for use with illegal cannabis or drugs and displayed are covered.
B. 
Roach clips: designed for use with illegal cannabis or drugs and therefore covered.
C. 
Pipes: if displayed away from the proximity of nonwhite paper or tobacco oriented paper and not displayed within the proximity of roach clips, or literature encouraging illegal use of cannabis are not covered, otherwise, covered.
D. 
Paraphernalia: if displayed with roach clips or literature encouraging illegal use of cannabis or illegal drugs is covered.
It shall be unlawful for any person or persons as principal clerk, agent or servant to sell any items, effect, paraphernalia, accessory or thing which is designed or marketed for use with illegal cannabis or drugs as defined by "The Controlled Substance, Drug, Device and Cosmetic Act," Act of April 14, 1972, P.L. 233, 64, § 1, and the amendments thereto, 35 P.S. § 780-101 through 780-144, without obtaining a license therefore. Such licenses shall be in addition to any or all other licenses held by applicant.
Application to sell any item, effect, paraphernalia, accessory or thing which is designed or marketed for use with illegal cannabis or drugs shall, in addition to requirements of other sections of this chapter, be accompanied by affidavits by applicant and each and every employee authorized to sell such items that such person has never been convicted of a drug-related offense.
It shall be unlawful to sell or give items as described in § 135-1 in any form, to any male or female child under the age of 18 years.
Every licensee must keep a record of every item, effect, paraphernalia, accessory or thing which is designed or marketed for use with illegal cannabis or drugs which is sold, and this record shall be open to the inspection of any police officer at any time during the hours of business. Such record shall contain the name and address of the purchaser, the name and quantity of the product, the date and time of the sale and the licensee or agent of the licensee's signature, each record shall be retained for not less than two years.
The applicant shall comply with all applicable regulations of the state and county health departments and the Borough of Homestead Police Department.
There is a fee for the sale of items designed or marketed for use with illegal cannabis or drugs in the amount of: $150, license fee per year payable no later than December 31 of the preceding year.
Any person who shall be convicted of violating or failing to comply with the provisions of this chapter before any District Justice or court of competent jurisdiction shall be sentenced to pay a fine not more than $300 for each offense and, in default of payment of said fine and costs, to be imprisoned in the Allegheny County Jail for a period not exceeding 90 days for each offense. In cases of persons, partnerships, associations, firms or corporations, the penalty may be imposed upon the parties or members thereof and in case of corporations, upon the officers thereof. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of a violation may be punished as provided above for each separate offense.