(A) Any person who keeps for sale, offers for sale, sells, or delivers for any commercial consideration any item which that person knows, or under all of the circumstances reasonably should have known, to be drug paraphernalia, commits a business offense.
(B) Any store, place, or premises from which or in which any item of drug paraphernalia is kept for sale, offered for sale, sold, or delivered for any commercial consideration is declared to be a public nuisance.
The city attorney may commence an action in the circuit court, in the name of the city, to abate a public nuisance as described in this subsection.
Upon being satisfied by affidavits or other sworn evidence that an alleged public nuisance exists the court may, without bond, enter a temporary restraining order to enjoin any defendant from maintaining such nuisance and may, without bond, enter a preliminary injunction restraining any defendant from removing or interfering with any property used in connection with the public nuisance.
If during the proceedings and hearings upon the merits, the existence of the nuisance is established, and it is established that such nuisance was maintained with the intentional, knowing or reckless permission of the owner, or an agent of the owner managing the premises, the court shall enter an order restraining all persons from maintaining or permitting such nuisance and from using the premises for a period of one year thereafter. However an owner, lessee, or other occupant thereof may use such premises if the owner gives bond with sufficient security or surety, in an amount between five thousand dollars ($5,000.00) and ten thousand dollars ($10,000.00) approved by the court, payable to the city. Such bond shall include a condition that no offense specified in this section 7-1-4 shall be committed at, in, or upon the property described, and a condition that the principal obligor and surety assume responsibility for any fine, costs, or damages incurred by any person resulting from such an offense. (Ord. 1194, 5-3-1988)