A. Purpose: The purpose of this section is to prohibit the use, possession with intent to use, manufacture and delivery of "drug paraphernalia" as defined herein.
B. Controlled Substance Defined: The term "controlled substance", as used in this section, shall be as defined in the uniform controlled substance act, chapter 204 of the Iowa Code, as it now exists or is hereafter amended.
C. Drug Paraphernalia Defined: The term "drug paraphernalia", as used in this section, shall mean all equipment, products and materials of any kind which are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, concealing, containing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of the uniform controlled substance act, chapter 204 of the Iowa Code. It includes, but is not limited to:
1. Growing Kits: Kits used, intended for use or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived.
2. Processing Kits: Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances.
3. Isomerization Devices: Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance.
4. Testing Equipment: Testing equipment used, intended for use or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances.
5. Scales: Scales and balances used, intended for use or designed for use in weighing or measuring controlled substances.
6. Dilutents: Dilutents and adulterants, such as quinine, hydrochloride, mannitol, mannite, dextrose or lactose used, intended for use or designed for use in cutting controlled substances.
7. Separators And Sifters: Separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from or in otherwise cleaning or refining marijuana.
8. Mixing Devices: Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding controlled substances.
9. Containers: Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances.
10. Storage Containers: Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances.
11. Injecting Devices: Hypodermic syringes, needles and other objects used, intended for use or designed for use in parenterally injecting controlled substances into the human body.
12. Ingesting-Inhaling Devices: Objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing heroine, 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 materials, 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.
m. Ice pipes or chillers.
D. Determining Factors: In determining whether an object is drug paraphernalia for the purpose of enforcing this Section, the following factors should be considered in addition to all other logically relevant factors:
1. Statements: Statements by an owner or by anyone in control of the object concerning its use.
2. Prior Convictions: 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. Proximity To Violation: The proximity of the object in time and space to a direct violation of the Uniform Controlled Substance Act, chapter 204 of the Iowa Code.
4. Proximity To Substances: The proximity of the object to controlled substances.
5. Residue: The existence of any residue of controlled substances on the object.
6. Evidence Of Intent: Direct or circumstantial evidence of the intent of an owner or of anyone in control of the object to deliver it to persons whom the owner knows, or should reasonably know, intend to use the object to facilitate a violation of the Uniform Controlled Substance Act, chapter 204 of the Iowa Code.
7. Innocence Of An Owner: The innocence of an owner, or of anyone in control of the object, as to a direct violation of the Uniform Controlled Substance Act, chapter 204 of the Iowa Code, should not prevent a finding that the object is intended for use or designed for use as drug paraphernalia.
8. Instructions: Instructions, oral or written, provided with the object concerning its use.
9. Descriptive Materials: Descriptive materials accompanying the object which explain or depict its use.
10. Advertising: National and local advertising concerning its use.
11. Displayed: The manner in which the object is displayed for sale.
12. Licensed Distributor Or Dealer: 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.
13. Sales Ratios: Direct or circumstantial evidence of ratio of sales of the object to the total sales of the business enterprise.
14. Legitimate Uses: The existence and scope of legitimate uses for the object in the community.
15. Expert Testimony: Expert testimony concerning its use.
E. Person Defined: "Person", as used in this section, shall mean an individual, corporation, business, trust, estate, partnership or association, or any other legal entity.
F. Possession Of Drug Paraphernalia: 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 uniform controlled substance act, chapter 204 of the Iowa Code.
G. Manufacture, Delivery Or Offering For Sale Of Drug Paraphernalia: It is unlawful for any person to deliver, possess with intent to deliver, manufacture with intent to deliver or offer for sale drug paraphernalia, intending that the drug paraphernalia will be used, or knowing or under circumstances where one reasonably should know that it will be used, or knowing that it is designed for use, 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 uniform controlled substance act, chapter 204 of the Iowa Code.
H. Legislative Intent: It is the purpose and intent of the board of supervisors to promote the health, safety and morals of the citizens of Knoxville. The use or administration of controlled substances is clearly illegal. The banning of all objects in close connection and adopted for the use of controlled substances should also be controlled because of lack of social or practical purposes of such objects or paraphernalia, whether the use be by adults or minors. It is also strong public policy to protect children from the unsupervised exposure and familiarity with drug paraphernalia. In addition to education about the items in school and at home, it is also essential to discourage open use, possession, manufacture and commerce of these drug-related items.
I. Penalties: Any person violating any provision or subsection of this section shall be guilty of a misdemeanor and, upon conviction thereof, be subject to a fine of not more than one hundred dollars ($100.00) or be imprisoned for not more than thirty (30) days. Each day a violation occurs shall constitute a separate offense.
J. Nuisance: In addition to the above, or in lieu thereof, violation of this section shall constitute a nuisance which may be abated in the manner provided in Iowa Code 364.12(3)(h) by injunction in Iowa district court or by the nuisance abatement proceedings as set forth in this code. (Ord. 92-8, 10-19-1992)