[HISTORY: Adopted by the Board of Supervisors of the Township of East Manchester as indicated in article histories. Amendments noted where applicable.]
Northeastern Regional Police Department — See Ch. 29.
Article I Municipal Drug Task Force Agreement
Article II Drug Paraphernalia
[Adopted 9-11-1990 by Ord. No. 9-11-90 (Ch. 47, Art. I, of the 1988 Code)]
Editor's Note: The preamble of this ordinance read as follows:
"The Township of East Manchester, York County, Pennsylvania, acting pursuant to the Intergovernmental Cooperation Act, Act of July 12, 1972, No. 180 (53 P.S. § 481 et seq.) hereby enacts this ordinance adopting a Municipal Drug Task Force Agreement (hereinafter referred to as the 'agreement') with the Office of the Attorney General of the Commonwealth of Pennsylvania to enforce narcotics and illegal drug laws and thereby to preserve the safety and welfare of the community."
The text of said agreement is on file in the Township offices.
The Township of East Manchester has evidenced its intent to participate in the Municipal Drug Task Force activities in cooperation with the Commonwealth's Office of Attorney General designed to interdict the illegal use and trafficking of narcotics and other illegal drugs within its municipal boundaries, as well as within the boundaries of nearby communities.
This agreement may include intergovernmental cooperative activities with adjacent and nearby municipal governments as part of a regional effort to interdict illegal drug activities.
Editor's Note: Said agreement is on file in the Township offices.
The Township of East Manchester shall utilize the services of its police force, both full-time as well as part-time, under the conditions set forth in the agreement and in compliance with the Municipal Police Jurisdiction Act, 42 Pa.C.S.A. § 8953.
The Township of East Manchester shall establish, pursuant to the terms of the agreement, which is attached hereto and incorporated as a part of this article, appropriate procedures to comply with all relevant provisions of the agreement and relevant regulations, direction and guidance from the Office of the Attorney General.
Editor's Note: The text of said agreement is on file in the Township offices.
The term of the agreement shall commence on September 11, 1990, and may be terminated at any time upon 30 days' written notice.
The purpose and objectives of the agreement include region-wide coordination of municipal police activities in an effort to combat illegal narcotics and drug trafficking.
The agreement shall be financed with the assistance of funds supplied by the Office of the Attorney General of the Commonwealth of Pennsylvania.
The organizational structure necessary to implement the terms of this agreement shall be covered by directives, procedures and guidance from the Office of the Attorney General and other area police departments.
All property, real or personal, acquired, managed or disposed of pursuant to this agreement shall be in accordance with both the terms of the agreement as well as the directives, procedures and guidance of the Office of the Attorney General.
The municipality shall retain responsibility for the management, control and direction of its employees with assistance, financial or otherwise, from the Office of the Attorney General.
[Adopted 2-11-2014 by Ord. No. 2014-1]
This article shall be known and may be cited as Ordinance No. 2014-1, the "East Manchester Township Drug Paraphernalia Ordinance."
This chapter is hereby declared to be a measure necessary for the preservation of the public health, safety and welfare of the Township, 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 regulation.
As used in this chapter, the following terms shall have the meanings indicated:
- COCAINE SPOON
- 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."
- CONTROLLED SUBSTANCE
- 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," 35 P.S. § 780-101, et seq., as amended, (the "Act").
- PARAPHERNALIA or 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, inhaling or otherwise introducing into the human body a controlled substance or any physically or mentally altering substance in violation of the Act. The term does not include the possession, manufacture, delivery, or sale of hypodermic needles or syringes. The term expressly includes without limitation:
- A. 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.
- B. Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances.
- C. Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance.
- D. Testing equipment used, intended for use or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances.
- E. Scales and balances used, intended for use or designed for use in weighing or measuring controlled substances.
- F. Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use or designed for use in cutting controlled substances.
- G. Separation gins and shifters used, intended for use or designed for use in removing twigs and seeds from or in otherwise cleaning or refining marijuana.
- H. Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding controlled substances.
- I. Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances.
- J. Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances.
- K. Hypodermic syringes, needles and other objects used, intended for use or designed for use in parenterally injecting controlled substances into the human body.
- L. Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes, or any other type of pipe, with or without screens, permanent screens, hashish heads or punctured metal bowls. All such pipes shall be considered drug paraphernalia under this article regardless of the fact that such pipe may be used for tobacco purposes.
- M. Objects used or designed for use in ingesting, inhaling, or otherwise introducing controlled substances, including without limitation marijuana, cocaine, hashish or hashish oil, into the human body, such as:
- (1) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes, or any other type of pipe, including without limitation water pipes, ice pipes and chillers, and carburetor pipes.
- (2) Carburetion tubes or devices.
- (3) Smoking and carburetion masks.
- (4) 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 hand.
- (5) Miniature cocaine spoons and cocaine vials.
- (6) Bongs and water bongs.
- N. Items that can be used to introduce substances into the human body that may be used for a legitimate purpose in business, industry or medicine but can be used to cause intoxication, inebriation, stupefaction or cause other physical or mental impairment.
- An individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association.
- PLACE OF DISPLAY
- 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.
Sale, delivery or manufacturing prohibited. A person may not sell, deliver, or possess with intent to sell or deliver, or manufacture with intent to sell or deliver, drug paraphernalia.
Advertisement. It shall be 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 or delivery of drug paraphernalia.
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 which has been prescribed by a licensed medical professional.
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a District Justice 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, including without limitation filing fees, court costs, and attorney fees. 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. For purposes of this section, the Board of Supervisors of East Manchester Township hereby appoints the Codes Enforcement Officer as an authorized representative, whom may, in addition to any police officer with jurisdiction within the Township, commence and pursue enforcement proceedings pursuant to this section.