[HISTORY: Adopted by the Borough Council of the Borough of
Hellertown 9-7-1982 by Ord. No. 513. Amendments noted where applicable.]
This chapter shall be known as the "Borough of Hellertown Controlled
Substance Paraphernalia Prohibition Ordinance."
As used in this chapter, the following terms shall have the
meanings indicated:
All equipment, products and materials of any kind which are
used, intended for use, or designed for use in injecting, ingesting,
inhaling or otherwise introducing into the human body a controlled
substance in violation of the Controlled Substance, Drug Device and
Cosmetic Act. It includes, but is not limited to:
Hypodermic syringes, needles and other objects used, intended
for use, or designed for use in parenterally injecting controlled
substances into the human body.
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:
Metal, wood, acrylic, glass, stone, plastic or ceramic pipes
with or without screens, permanent screens, hashish heads or punctured
metal bowls.
Water pipes.
Carburetion tubes and devices.
Smoking and carburetion masks.
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.
Miniature cocaine spoons and cocaine vials.
Chamber pipes.
Carburetor pipes.
Electric pipes.
Air-driven pipes.
Chillums.
Bongs.
Ice pipes or chillers.
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:
Statement by an owner or by anyone in control of the object
concerning its use.
Prior convictions, if any, of an owner, or of anyone in control
of the object, under any municipal, state, or federal law relating
to any controlled substance.
The proximity of the object, in time and space, to a direct
violation of this chapter.
The proximity of the object to controlled substances.
The existence of any residue of controlled substances on the
object.
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
a violation of this chapter, the innocence of an owner or of anyone
in control of the object as to a direct violation of this chapter
shall not prevent a finding that the object is intended for use or
designed for use as "drug paraphernalia."
Instructions, oral or written, provided with the object concerning
its use.
Descriptive materials accompanying the object which explain
or depict its use.
National and local advertising concerning its use.
The manner in which the object is displayed for sale.
Expert testimony concerning its use.
A.
It is unlawful for any person to use, or to possess with intent to
use, drug paraphernalia to inject, ingest, inhale or otherwise introduce
into the human body a controlled substance in violation of this chapter.
B.
It is unlawful for any person to deliver, give, sell, possess with
intent to deliver or sell, or manufacture with intent to deliver or
to sell drug paraphernalia, knowing, or under circumstances where
one reasonably should know, that it will be used to inject, ingest,
inhale or otherwise introduce into the human body a controlled substance
in violation of this chapter.
C.
It is unlawful for any person to place in any newspaper, magazine,
handbill, or other publication any advertisement, knowing, or under
circumstances where one reasonably should know, that the purpose of
the advertisement, in whole or in part, is to promote the sale of
objects intended for use as drug paraphernalia.
D.
Any person 18 years of age or over who violates Subsection C above by delivering drug paraphernalia to a person under 18 years of age who is at least three years his junior is guilty of a special offense.
E.
Any drug paraphernalia used in violation of this section shall be
seized and forfeited to the Borough.
Any person, firm or corporation who shall violate any provision
of this chapter shall, upon conviction thereof, be sentenced to pay
a fine of not less than $300 nor more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 30 days. Each day that a violation of this chapter continues
or each section of this chapter which shall be found to have been
violated shall constitute a separate offense.
