(A) Definition. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PARAPHERNALIA. An instrument, device, article, or contrivance used, designed for use, or intended for use in ingesting, smoking, administering, or preparing marijuana, hashish, hashish oil, cocaine, crack cocaine, heroin, morphine, amphetamines, methamphetamines, or any other controlled substance. The term shall not include cigarette papers and tobacco pipes but shall include, but not limited to, the following:
(a) Metal, wooden, acrylic, glass, stone, plastic, or ceramic crack, marijuana, or hashish pipes with or without screens, hashish heads, or punctured metal bowls.
(b) Water pipes designed for the use or intended for use with marijuana, hashish, hashish oil, heroin, crack cocaine, or cocaine.
(c) Carburetion tubes and devices.
(d) Smoking and carburetion masks.
(e) Roach clips.
(f) Separation gins designed for use or intended for use in cleaning marijuana.
(g) Cocaine spoons and vials.
(h) Chamber pipes.
(i) Crack vials.
(j) Carburetor pipes.
(k) Electric pipes.
(l) Air driven pipes.
(m) Chillums.
(n) Bongs.
(o) Ice pipes or chillers.
(p) Scales designed for use or intended for use in weighing controlled substances.
(q) Any part of a hypodermic needle or syringe, except as may be authorized by the laws of the state.
(r) Plastic bottles with carburetion holes and/or punctured metal or foil bowls.
(B) Prohibition.
(1) It shall be unlawful for any person to advertise for sale, manufacture, possess, sell, or deliver or to possess with intent to deliver or sell paraphernalia.
(2) In determining whether an object is paraphernalia, a court or other authority shall consider, in addition to all other logically relevant factors, the following:
(a) Statements by an owner or by anyone in control of the object concerning its use;
(b) The proximity of the object to controlled substance;
(c) The existence of any residue of controlled substance on the object;
(d) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he or she knows or should reasonably know intend to use the object to facilitate a violation of law; the innocence of an owner or anyone in control of the object as to a direct violation of law shall not prevent a finding that the object is intended for use or designed for use as drug paraphernalia;
(e) Instructions, oral or written, provided with the object concerning its use;
(f) Descriptive materials accompanying the object which explain or depict its use;
(g) National and local advertising concerning its use;
(h) The manner in which the object is displayed for sale;
(i) 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 products;
(j) Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;
(k) The existence and scope of legitimate uses for the object in the community;
(l) Expert testimony concerning its use.
(Ord. 2005-12, passed 5-9-05) Penalty, see § 134.99