(A) Violation for possession of drug paraphernalia. No person shall knowingly possess any item of drug paraphernalia, as defined in § 130.15, where it is evident the purpose is for unlawfully ingesting, inhaling, or otherwise introducing a controlled substance into the human body, or in preparing a controlled substance for that use within the corporate limits of the Village of Chatham. In determining evidence or intent of an unlawful purpose, the frier of fact may take into consideration the proximity of the controlled substances to the drug paraphernalia or the presence of a controlled substance on the drug paraphernalia.
(B) Penalty. Any person who pleads guilty or liable or is found guilty or liable by a court of law or administrative tribunal shall be punished by a fine of $250.
(C) Forfeiture. DRUG PARAPHERNALIA as defined in § 130.15 seized by police officers pursuant to an arrest or issuance of a notice to appear for a violation of this section, shall be forfeited to the village upon a plea of guilty or liability, a finding of guilt or liable and/or a disposition of court supervision or probation by a court of law or upon the individual utilizing any administrative remedy allowed by the Village without further order of the court. Any other items which may be seized or forfeited pursuant to 720 ILCS 600/5, may be forfeited in the same manner as described therein for a violation of this section.
(D) Exemptions. This section does not apply to:
(1) Items used in the preparation, compounding, packaging, labeling, or other use of a controlled substance as an incident to lawful sale, use, research, teaching or chemical analysis and not for sale.
(2) Items historically and customarily used in connection with the planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, or inhaling of tobacco or any other lawful substance unless such item has the presence of a controlled substance. Items exempt under this subsection include, but are not limited to, garden hoes, rakes, sickles, baggies, tobacco pipes, and cigarette rolling papers.
(3) Items listed in the definition of DRUG PARAPHERNALIA in § 130.15 if said items are used solely for decorative purposes, when such items have been rendered completely inoperable or incapable of being used for any illicit purposes prohibited by this chapter.
(4) A person who is legally authorized to possess hypodermic syringes or needles under the Hypodermic Syringes and Needles Act, 720 ILCS 635/0.01 et seq.
(E) Relationship to state laws. Except as provided herein, violations of this section shall be considered civil in nature and prosecuted as local ordinance violations. The village may however, in its discretion, refer violations involving the possession or use of drug paraphernalia under the Drug Paraphernalia Control Act, or other applicable law, to the State's Attorney for charges instead of bringing charges pursuant to this section, but no person shall be charged both pursuant to this chapter and State law for the same offense. If the law requires a charge involving drug paraphernalia to be referred to the State's Attorney to be charged criminally pursuant to state law, the village shall make such a referral and shall not prosecute the violation as a local ordinance violation.
(Ord. 19-39, passed 12-23-19)