A. Definitions: For the purpose of this section, certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular shall include the plural and the plural the singular; and the word "shall" is mandatory and not directory.
CLOSE PROXIMITY: Within one thousand five hundred feet (1,500') on a straight line commencing at the property lines nearest to each other.
CONTROLLED SUBSTANCE: Any drug or controlled substance as defined under any law of the State of Illinois or of the United States of America.
INSTRUMENT: Any device used, designed for use, adapted for use, or intended for use in ingesting, smoking, inhaling, administering or preparing "cannabis" as heretofore defined in section 6-2-11 of this chapter, cocaine, phencyclidine, opium or any derivative thereof, or any other controlled substance, and includes the following:
1. Metal, wooden, acrylic, glass, stone, plastic or ceramic marijuana (Cannabis sativa) or hashish pipes with or without screens, permanent screens, hashish heads or punctured metal bowls;
2. Water pipes designed for use or intended for use with marijuana (Cannabis sativa), hashish, hashish oil or cocaine;
3. Carburetion tubes and devices;
4. Smoking and carburetion masks;
5. Roach clips;
6. Separation gins designed for use or intended for use in cleaning marijuana;
7. Cocaine spoons and vials;
8. Chamber pipes;
9. Carburetor pipes;
10. Electric pipes;
11. Air driven pipes;
12. Chillums;
13. Bongs; and
14. Ice pipes or chillers.
MINOR: Any person who has not attained eighteen (18) years of age.
PLACE OF DISPLAY: Any museum, library, school or other similar public place upon which business is not transacted for a profit.
PREMISES OPEN TO MINORS: Any business establishment which sells its wares or merchandise to minors or which permits minors to enter into its place of business.
SCHOOL: Any public or private elementary, junior high or high school.
B. Possession Of Drug Paraphernalia Prohibited: It shall be unlawful for any person to have, possess, sell, offer to sell, dispense or give away any pipe, device or contrivance adapted for the use of ingesting, smoking, inhaling, administering, or preparing any controlled substance, which said pipe, device or contrivance is herein defined as an "instrument"; provided, however, that such pipe, device or contrivance defined herein as an "instrument" has been used for the purpose of smoking or inhaling or ingesting a controlled substance.
C. Sale And Display Prohibited: It shall be unlawful for any person to sell or display any "instrument" as defined in this section in or upon any premises which:
1. Is a premises open to minors; or
2. Is in close proximity to a school or park; unless such premises is a place of display.
D. Revocation Of License: In addition to the penalty authorized by this Code, any person convicted of a violation of subsection C of this section shall be subject to revocation of the business license issued to the owner or operator of such premises.
E. Presumption Of Use And/Or Adaptation For Use: For the purposes of this section, use and/or adaptation for use of a device for ingesting, smoking, inhaling, administering, or preparing any controlled substance in violation of this section may be established by a positive result from a police field test of such device indicating the presence of any such controlled substance thereon. Such a positive result for a police field test of such a device for controlled substances shall create a rebuttable presumption that such a device has been used and/or adapted for use in ingesting, smoking, inhaling, administering, or preparing any such controlled substance in violation of this section.
F. Nuisance: A violation of this section is hereby declared to be a public nuisance and shall be subject to abatement as provided by law.
G. Exemptions: This section shall not apply to any items or persons exempt from the Drug Paraphernalia Control Act, as amended from time to time, and/or except as allowed by and in compliance with the Compassionate Use Act (410 ILCS 130) and/or except as allowed by and in compliance with the Cannabis Regulation and Tax Act. (Ord. 2007-02-01, 2-14-2007; amd. Ord. 2019-11-03, 11-18-2019)