A. Individual: 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 shall be subject to penalty as provided in Section 1-4-1 of this Code.
B. Business: 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 and the City Attorney may commence an action in the Circuit Court, in the name of the People of the City of Colona, to abate a public nuisance as described in this subsection B, and request that the Court enter: 1) temporary and permanent restraining orders to enjoin any defendant from maintaining such nuisance, and 2) preliminary and permanent injunctions restraining any defendant from removing or interfering with any property used in connection with the public nuisance.
C. Forfeiture: All drug paraphernalia is subject to forfeiture.
D. Seizure: Property subject to forfeiture under this Section may be seized by any peace officer and may be made without process:
1. If there is probable cause to believe that the property is directly dangerous to health or safety and existing circumstances do not allow reasonable time for the office to obtain lawful process; or
2. In accordance with the provisions of the Code of Criminal Procedure, as amended.
The presence of items which are deemed violative of this Chapter or are otherwise subject to its forfeiture provisions in an inventory shall not subject the entire inventory to seizure or forfeiture. (1997 Code)