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(A) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
DRUG PARAPHERNALIA.
(a) All equipment, products and materials of any kind which are used, intended for use, or fashioned specifically for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body, a controlled dangerous substance in violation of the Uniform Controlled Dangerous Substances Act (the “Act”), including, but not limited to:
1. Kits used, intended for use or fashioned specifically for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled dangerous substance or from which a controlled dangerous substance can be derived;
2. Kits used, intended for use or fashioned specifically for use in manufacturing, compounding, converting, producing, processing or preparing controlled dangerous substances;
3. Isomerization devices used, intended for use or fashioned specifically for use in increasing the potency of any species of plant which is a controlled dangerous substance;
4. Testing equipment used, intended for use or fashioned specifically for use in identifying, or in analyzing the strength, effectiveness or purity of controlled dangerous substances;
5. Scales and balances used, intended for use or fashioned specifically for use in weighing or measuring controlled dangerous substances;
6. Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use or fashioned specifically for use in cutting controlled dangerous substances;
7. Separation gins and sifters used, intended for use or fashioned specifically for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;
8. Blenders, bowls, containers, spoons and mixing devices used, intended for use or fashioned specifically for use in compounding controlled dangerous substances;
9. Capsules, balloons, envelopes and other containers used, intended for use or fashioned specifically for use in packaging small quantities of controlled dangerous substances;
10. Containers and other objects used, intended for use or fashioned specifically for use in parenterally injecting controlled dangerous substances into the human body;
11. Hypodermic syringes, needles and other objects used, intended for use or fashioned specifically for use in parenterally injecting controlled dangerous substances into the human body;
12. Objects used, intended for use or fashioned specifically for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:
a. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls;
b. Water pipes;
c. Carburetion tubes and devices;
d. Smoking and carburetion masks;
e. Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand;
f. Miniature cocaine spoons and cocaine vials;
g. Chamber pipes;
h. Carburetor pipes;
i. Electric pipes;
j. Air driven pipes;
k. Chillums;
l. Bongs; or
m. Ice pipes or chillers.
13. All hidden or novelty pipes; or
14. Any pipe that has a tobacco bowl or chamber of less than one-half inch in diameter in which there is any detectable residue of any controlled dangerous substance or any other substances not legal for possession or use.
(b) The term DRUG PARAPHERNALIA shall not include separation gins intended for use in preparing tea or spice, clamps used for constructing electrical equipment, water pipes designed for ornamentation in which no detectable amount of an illegal substance is found or pipes designed and used solely for smoking tobacco, traditional pipes of an American Indian tribal religious ceremony or antique pipes that are 30 years of age or older.
(B) Factors for consideration. In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following:
(1) Statements by an owner or by anyone in control of the object concerning its use;
(2) Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any controlled substance;
(3) The proximity of the object, in time and space, to a direct violation of the Act;
(4) The proximity of the object to controlled substances;
(5) The existence of any residue of controlled substances on the object;
(6) 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, intended to use the object to facilitate a violation of the Act; the innocence of an owner, or of anyone in control of the object, as to a direct violation of the Act shall not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia;
(7) Instructions, oral or written, provided with the object concerning its use;
(8) Descriptive materials accompanying the object which explain or depict its use;
(9) National and local advertising concerning its use;
(10) The manner in which the object is displayed for sale;
(11) 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;
(12) Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise;
(13) The existence and scope of legitimate uses for the object in the community; and
(14) Expert testimony concerning its use.
(C) Use or possession. It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia; to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of the Act.
(D) Delivery. It is unlawful for any person to deliver, possess with intent to deliver or manufacture with intent to deliver drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of the Act.
(E) Advertising. It is unlawful for any person to place in any newspaper, magazine, handbill or other publication any advertisement, knowing, or under circumstances where one reasonably should know, 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.
(Prior Code, § 5-4A-9) Penalty, see § 132.99
No person shall sniff or inhale paint, glue, gasoline or other volatile substances for purposes of intoxication.
(Prior Code, § 5-4A-10) Penalty, see § 132.99
(A) False representation to obtain money or aid. No person shall falsely represent himself or herself as blind, deaf, crippled or physically defective for the purpose of obtaining money or other things of value, or to secure aid or assistance on account of such false representation.
(B) Misrepresenting age by false documents. No person shall, for the purpose of violating any statutes of the state or any ordinances of the town, willfully and knowingly misrepresent his or her age by presenting a false document purporting to state his or her true age or by presenting a document not his or her own.
(Prior Code, § 5-4A-11) Penalty, see § 132.99
No person shall be upon the property or premises of another with the intent to peer or peep into the window or door of the dwelling.
(Prior Code, § 5-4A-12) Penalty, see § 132.99
(A) Prohibited acts. It shall be unlawful for a person who, by means of a telecommunication or other electronic communication device, willfully:
(1) Makes any comment, request, suggestion or proposal which is obscene, lewd, lascivious, filthy or indecent;
(2) Makes a telecommunication or other electronic communication with intent to terrify, intimidate or harass, or threaten to inflict injury or physical harm to any person or property of that person;
(3) Makes a telecommunication or other electronic communication, whether or not conversation ensues, with intent to put the party called in fear of physical harm or death;
(4) Makes a telecommunication or other electronic communication, whether or not conversation ensues, without disclosing the identity of the person making the call or communication and with intent to annoy, abuse, threaten or harass any person at the called number;
(5) Knowingly permits any telecommunication or other electronic communication under the control of the person to be used for any purpose prohibited by this section; and/or
(6) In conspiracy or concerted action with other persons, makes repeated calls or electronic communications or simultaneous calls or electronic communications solely to harass any person at the called number(s).
(B) Telecommunication and electronic communication described. For the purpose of this section, TELECOMMUNICATION and ELECTRONIC COMMUNICATION mean any type of telephonic, electronic or radio communications, or transmission of signs, signals, data, writings, images and sounds, or intelligence of any nature by telephone, including cellular telephones, wire, cable, radio, electromagnetic, photoelectronic or photo-optical system, or the creation, display, management, storage, processing, transmission or distribution of images, text, voice, video or data by wire, cable or wireless means, including the internet. The term includes:
(1) A communication initiated by electronic mail, instant message, network call or facsimile machine; and
(2) A communication made to a pager.
(C) Use of telephone, other electronic communication facility described. Use of a telephone or other electronic communications facility under this section shall include all use made of such a facility between the points of origin and reception. Any offense under this section is a continuing offense and shall be deemed to have been committed at either the place of origin or the place of reception.
(Prior Code, § 5-4A-13) Penalty, see § 132.99
(A) Definition; prohibited acts. For the purpose of this section, a DISORDERLY HOUSE means any structure or vehicle by which the peace, comfort, health, welfare or decency of the public is disturbed by reason of the people therein committing or resorting to any of the following acts:
(1) The sale, distribution, possession or use of any controlled dangerous substance, the sale, distribution, possession or use of which is declared unlawful by state statute;
(2) The violation of any of the ordinances of the town or statutes of this state regulating the sale, distribution, possession or use of alcoholic beverages and low-point beer as defined by law;
(3) The performance of any sexual act declared unlawful by state statute or town ordinance including, but not limited to, soliciting for purposes of prostitution; and/or
(4) The violation of any state statute or town ordinance prohibiting gambling.
(B) Maintaining or leasing.
(1) No person shall keep or maintain, or aid, abet or assist in keeping and maintaining, a disorderly house.
(2) No owner, lessee, lessor or other person, partnership or corporation having control over any house, building, structure, tent, vehicle, mobile home or recreational vehicle shall knowingly use, lease, sublease or otherwise permit the use of same for the purpose of keeping therein any disorderly house, and knowing or ascertaining that such house, building, structure, tent, vehicle, mobile home or recreational vehicle is so occupied as a disorderly house, no person, partnership or corporation shall continue to grant permission to so use such premises as a disorderly house.
(C) Residents and visitors.
(1) No person shall knowingly reside in, enter into or remain in a disorderly house. In any prosecution for violation of this section, the town shall have the burden to prove such knowledge by direct evidence only and not by circumstantial evidence.
(2) This section shall not apply to physicians or officers in the discharge of their professional or official duties.
(Prior Code, § 5-4A-14) Penalty, see § 132.99
It is unlawful for any person to violate any of the provisions of state law, 21 O.S. § 1021 regulating nudity, indecent exposure or lewdness. The provisions of state law are adopted and incorporated herein by reference.
(Prior Code, § 5-4A-15) Penalty, see § 132.99
(A) Prohibited acts.
(1) Any person who plays or carries on, or opens or causes to be opened, or who conducts, either as owner or employee, roulette, craps or any banking or percentage game, played with dice, cards or any other device, for money, checks, credit or any representative of value, or any other gambling game, is guilty of an offense.
(2) Any person who bets on or plays at any of the prohibited games mentioned in division (A)(1) above, or otherwise gambles, is guilty of an offense.
(3) It is unlawful for any person to exhibit or expose to view in any building, or in any part of, or room in, any building, any table, cards, dice, roulette wheel or other article or apparatus designed for or used for gambling purposes.
(4) It is unlawful for any person to keep, own, operate, use, conduct or cause to be kept, operated, used or conducted, either as owner, manager, dealer, clerk or employee, and whether for hire or not, any punch board, machine, cards, game, parlay card or any other device or paraphernalia, wherein or whereby any money or property or any representative of either, or other valuable thing, may be played, bet, staked, wagered or hazarded, won, lost or obtained upon any chance, combination of numbers, emblems or any uncertain or contingent event or condition, or football or baseball contest.
(5) It is unlawful for any person to play any prohibited game described in this section.
(6) It is unlawful for any person to bar or barricade any building, or any part of or room in any building, in order to render the same difficult of access or ingress to the police officers of the town, in which building, or any part of or room in any such building, any table, cards, dice, roulette wheel or other article or apparatus designed for or being used for gambling purposes are exhibited or exposed to view.
(7) It is unlawful for any person to be about in the immediate vicinity where a person or persons are gambling, whether by playing games, operating a slot machine or other device or otherwise.
(B) Seizure of apparatus and paraphernalia. The apparatus and paraphernalia used in the conduct of any of the gambling games prohibited by this section are hereby declared to be a public nuisance, and subject to seizure and suppression by any officer, and shall be abated, forfeited and destroyed upon the order and decree of any court of competent jurisdiction.
(C) Exception, bingo. Nothing herein contained shall be construed to prevent the sponsoring and operation of bingo games by nonprofit religious, fraternal, charitable or educational organizations; provided, that the organizations are properly licensed and operated in accordance with law.
(Prior Code, § 5-4A-16) Penalty, see § 132.99
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