§ 12.63  EVIDENCE.
   In determining whether an object is , a court or other authority should consider, in addition to all other logically relevant factors, the following:
   (1)   Statements by an owner or by anyone in control of the object concerning its use;
   (2)   Prior convictions, if any, of an owner or anyone in control of the object under state or federal law relating to any controlled substance;
   (3)   The proximity of the object, in time and space, to a direct violation of this code;
   (4)   The proximity of the object to controlled substances;
   (5)   The existence of any residue of controlled substances on the object;
   (6)   Direct or circumstantial evidence of the intent of an owner or anyone in control of the object to deliver it to persons who he or she knows, or should reasonably know, intend to use the object to facilitate a violation of this code; the innocence of an owner or anyone in control of the object as to a direct violation of this code should not prevent a finding that the object is intended for use or designed for use as ;
   (7)   Instructions, oral or written, provided with the object concerning its use;
   (8)   Descriptive materials accompanying the object which explain or depict its use;
   (9)   National and local advertising concerning its use;
   (10)   The manner in which the object is displayed for sale;
   (11)   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-related products;
   (12)   Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise;
   (13)   The existence and scope of legitimate uses for the object in the community; and
   (14)   Expert testimony concerning its use.
(1958 Code, § 201.02)  (Ord. 186, passed 4-23-1959; Ord. 91-57, passed 9-9-1991; recodified by Ord. 98-53, passed 11-16-1998; Ord. 2017-37, passed 11-6-2017)