(a) Drug Paraphernalia Defined.
(1) "Drug paraphernalia" means any equipment, product, material, or combination of equipment, products, or materials, which is specifically designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producting, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body, a controlled substance, including, but not limited to, all of the following:
A. An isomerization device specifically designed for use in increasing the potentcy of any species of plant, which plant is a controlled substance.
B. Testing equipment specifically designed for use in identifying or in analyzing the strength, effectiveness, or purity of a controlled substance.
C. A weight scale or balance specifically designed for use in weighing or measuring a controlled substance.
D. A diluent or adulterant, including, but not limited to, quinine hydrochloride, mannitol, mannite, dextrose, and lactose, specifically designed for use with a controlled substance.
E. A separation gin or sifter specifically designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana.
F. An object specifically designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, hashish oil into the human body.
G. A kit specifically designed for use in planting, propagating, cultivating, growing, or harvesting any species of plant which is a controlled substance or from which a controlled substance can be derived.
H. A kit specifically designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances.
I. A device, commonly known as a cocaine kit, that is specifically designed for use in ingesting, inhaling, or otherwise introducing controlled substances into the human body, and which consists of at least a razor blade and a mirror.
J. A device, commonly known as a bullet, that is specifically designed to deliver a measured amount of controlled substances to the user.
K. A device, commonly known as a snorter, that is specifically designed to carry a small amount of controlled substances to the user's nose.
L. A device, commonly known as an automotive safe, that is specifically designed to carry and conceal a controlled substance in an automobile, including, but not limited to, a can used for brake fluid, oil, or carburetor cleaner which contains a compartment for carrying and concealinig controlled substances.
M. A spoon, with or without a chain attached, that has a small diameter bowl and that is specifically designed for use in ingesting, inhaling or otherwise introducing controlled substances into the human body.
(Ord. Unno. Passed 11-24-97.)
(b) Possession. No person shall use, or possess with intent to use, any drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, re-pack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of State or local law.
(Ord. 227-A-7. Passed 10-28-86.)
(c) Manufacture, Delivery or Sale. No person shall sell or offer for sale drug paraphernalia, knowing that the drug paraphernalia will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, product, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body, a controlled substance.
(1) Before a person is arrested for a violation of this subsection, the Chief of Police, or his or her authorized agent, shall notify the person in writing not less than two business days before the person is to be arrested, that the person is in possession of specific, defined material that has been determined by the Chief of Police, or his or her authorized agent, to be drug paraphernalia. The notice shall also request that the person refrain from selling or offering for sale the material and shall state that if the person complies with the notice, no arrest will be made for a violation of this subsection.
(2) If a person complies with the notice defined above in paragraph (c)(1) hereof, such compliance is a complete defense for a person against prosecution for the sale of, or an offer to sell, drug paraphernalia, as long as the compliance continues.
(3) A person who has received notice as provided in paragraph (c)(1) hereof may commence an action for a declaratory judgment to obtain an adjudication of the legality of the intended sale or offer to sell. The Chief of Police, or his or her designated agent, who sent the notice under paragraph (c)(1) hereof shall be made the defendant to an action commending for declaratory judgment.
(4) If a declaratory judgment has been issued pursuant to paragraph (c)(3) hereof, stating that the sale or offer to sell specified materials does not violate this subsection, the declaratory judgment is a complete defense for the person obtaining such a judgment against a prosecution under this subsection.
(Ord. Unno. Passed 11-24-97.)
(d) Advertisement. No person shall place in any newspaper, magazine, handbill, sign, poster or other publication, any advertisement knowing that the purpose of the advertisement in whole or in part is to promote the sale of objects designed or intended for use as drug paraphernalia.
(e) Exceptions. This section shall not apply to manufacturers, wholesalers, jobbers, licensed medical technicians, technologists, nurses, hospitals, research teaching institutions, clinical laboratories, medical doctors, osteopathic physicians, dentists, chiropodists, veterinarians, pharmacists and embalmers, in the normal legal course of their respective business or profession, nor to persons suffering from diabetes, asthma or any other medical condition requiring self-injection as prescribed by a licensed physician.
(f) Civil Forfeiture. Any drug paraphernalia used, sold, possessed with intent to use or sell, or manufactured with intent to sell, in violation of this section, shall be seized and forfeited to the Township of Clinton in accordance with the following procedure:
(1) Property subject to forfeiture under this section may be seized upon process issued by the Circuit or District Court having jurisdiction over the property. Seizure without process may be had in any of the following cases:
A. The seizure is incident to an arrest, a search warrant or an inspection under an administrative inspection warrant.
B. The property subject to seizure has been the subject of a prior judgment in favor of the Township in an injunction or forfeiture proceeding based upon this section.
C. There is probable cause to believe that the property is directly or indirectly dangerous to health or safety.
D. There is probable cause to believe that the property was used or intended to be used in violation of this section.
(2) In case of a seizure without process issued by the Circuit Court or District Court, forfeiture proceedings shall be instituted promptly. If seizure is made without process and the total value of the property seized does not exceed one hundred thousand dollars ($100,000), the following procedure shall be used:
A. The Township shall cause notice of the seizure of property and the intention to forfeit and dispose of the property according to this section, to be given to the owner of the property by delivering the owner notice or by sending the notice to the owner by certified mail. If the name and address of the owner are not reasonably ascertainable or if delivery of the notice cannot reasonably be accomplished, the notice shall be published in a newspaper of general circulation in the County in which the property was seized for ten successive publishing days.
B. Any person claiming an interest in property which is the subject of a notice under paragraph (f)(2)A. hereof, may, within twenty days after receipt of the notice or of the date of first publication of the notice, file a claim with the Township expressing his or her interest in the property. Upon filing of the claim and giving of a bond in the amount of two hundred fifty dollars ($250.00), with surety approved by the Township, conditioned that in the case of property ordered to be forfeited by the court, the obligor shall pay all costs and expenses of the forfeiture proceedings, the Township shall transmit the claim and bond to the Township Attorney, who shall promptly institute forfeiture proceedings after the expiration of the twenty-day period.
C. If no claim is filed or bond given within the twenty-day period, as described, the Township shall declare the property forfeited and shall dispose of the property as set forth hereinafter.
(3) Property taken or detained under this section shall not be subject to an action to recover personal property, but is deemed to be in the custody of the Township subject only to this section, or an order and judgment of the court having jurisdiction over the forfeiture proceedings. When property is seized under this section, the Police Department may do any of the following:
A. Place the property under seal;
B. Remove the property to a place designated by the court.
(4) When property is forfeited under this section, the Township may make any of the following dispositions in its discretion:
A. Retain it for official lawful use.
(Ord. 227-A-7. Passed 10-28-86.)
B. Sell that which is not required to be destroyed by law and which is not harmful to the public, paying from the proceeds thereof expenses of the proceedings of forfeiture and sale, including maintenance of custody, advertising and cost, with the balance of monies to be retained in the Drug Enforcement Fund.
(Ord. 319. Passed 12-22-97.)
C. Destroy and dispose of, in a safe manner, any property not reasonably capable of resale or otherwise potentially dangerous and harmful to the community at large.
(Ord. 227-A-7. Passed 10-28-86.)