[HISTORY: Adopted Orangetown Town Board 12-28-1981 as Local Law
No. 12, 1981. Amendments noted where applicable.]
Be it enacted by the Town Board of the Town of Orangetown as
follows:
It is hereby declared and found that the sale of items used
to aid the storage, use, concealment and test the strength or purity
of illegal drugs is a widespread and growing practice which is contrary
to the public interest. Many parent and teacher organizations, such
as the New York State Congress of Parents and Teachers, as well as
local residents have recognized the problem and have encouraged and
endorsed legislation that would prohibit the sale of drug-related
paraphernalia. Therefore, public safety, health, welfare and morals
would be best served by discontinuing the sale of such items.
As used in this local law, 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 planting, propagating,
cultivating, growing, harvesting, manufacturing, compounding, conveying,
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:
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.
Kits used, intended for use or designed for use in
manufacturing, compounding, converting, producing, processing or preparing
controlled substances.
Isomerization devices used, intended for use or designed
for use in increasing the potency of any species of plant which is
a controlled substance.
Testing equipment used, intended for use or designed
for use in identifying or in analyzing the strength, effectiveness
or purity of controlled substances.
Scales and balances used, intended for use or designed
for use in weighing or measuring controlled substances.
Diluents and adulterants, such as quinine, hydrochloride,
mannitol, mannite, dextrose and lactose, used, intended for use or
designed for use in cutting controlled 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
substances.
Capsules, balloons, envelopes and other containers
used, intended for use or designed for use in packaging small quantities
of controlled substances.
Containers and other objects used, intended for use
or designed for use in storing or concealing controlled substances.
Hypodermic syringes, needles and other objects used,
intended for or designed for use in parentarally injecting controlled
substances into the human body.
Objects used, intended for use or designed for use
in ingesting or otherwise introducing marijuana, cocaine, hashish
or hashish oil into the human body, such as:
Metal, wooden, acrylic, glass, stone, plastic or
ceramic pipes with or without screens, permanent screens, hashish
heads or punctured 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.
"Cocaine spoons," spoons with a bowl so small that
the primary use for which they are reasonably adopted or designed
is to hold or administer cocaine, and which are 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.
"Marijuana or hashish pipes," pipes characterized
by a bowl which is so small that the primary use for which they are
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:
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 a state or federal law relating to any
controlled substance.
C.
The proximity of the object in time and space to a direct
violation of this local law.
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,
of anyone in control of the object, to deliver it to persons who he
knows, or should reasonably know, intends to use the object to facilitate
violation of this local law; the innocence of an owner or of anyone
in control of the object as to the direct violation of this local
law should 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 of 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.
It shall be a violation of this Code for any merchant or other
person to knowingly sell, offer for sale or display any cocaine spoon,
marijuana pipe, hashish pipe or any other drug-related paraphernalia.
[Amended 10-16-1995 by L.L. No. 16, 1995]
Any person committing an offense against any provision of this
local law shall be guilty of a violation, punishable by a fine not
to exceed $500 or by imprisonment for a term not to exceed 15 days,
or by both such fine and imprisonment. The continuance of an offense
against the provisions of this local law shall constitute, for each
day the offense is continued, a separate and distinct offense hereunder.
This local law shall be enforced by the Orangetown Police Department.
If any clause, sentence, paragraph or part of this local law
shall be adjudged by any court of competent jurisdiction to be invalid,
such judgment shall not affect, impair or invalidate the remainder
thereof, but shall be confined in its operation to the clause, sentence,
paragraph or part thereof directly involved in the controversy and
in which such judgment shall have been rendered.
This local law shall take effect immediately upon filing with
the Secretary of State.
