(A) Definitions. For the purpose of this chapter, the following definitions 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 designed 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 substance. It includes, but is not limited to:
1. 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 cannabis or from which a controlled substance or cannabis can be derived;
2. Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances or cannabis;
3. Isomerization devises used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance or cannabis;
4. Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances or cannabis;
5. Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances or cannabis;
6. Dilutents and adulterants, such as quinine hydrochloride, manitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting controlled substances or cannabis;
7. 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. Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances or cannabis;
9. Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances or cannabis;
10. Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances or cannabis;
11. Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:
(i) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
(ii) Water pipes;
(iii) Carburetion tubes and devices;
(iv) Smoking and carburetion masks;
(v) 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;
(vi) Chamber pipes;
(vii) Carburetor pipes;
(viii) Electric pipes;
(ix) Air-driven pipes;
(x) Chillums;
(xi) Bongs; and
(xii) Ice pipes or chillers;
(b) 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. 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 this chapter;
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 intended to use the object to facilitate a violation of this chapter or of state or federal law; the innocence of an owner, or of anyone in control of the object, as to a direct violation of this chapter or of state or federal law 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. Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise;
12. The existence and scope of legitimate uses for the object in the community; and
13. Expert testimony concerning its “use”.
PERSON. An individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association.
(B) It is hereby declared to be unlawful for any person at any time to sell, publicly display for sale, attempt to sell, give, exchange or barter within 1,000 feet of any public, private or parochial school attended by students in kindergarten, elementary, middle school and/or high school grades any form of drug paraphernalia.
(C) The 1,000-foot restriction hereby established shall be determined by straight line lineal measure from the nearest real estate property line or point of each parcel of real estate to the other, including all of the property of any integrated center or other continuous facility.
(D) This chapter and section shall be enforced by the City of Lawrence Police Department.
(E) Any business found to be in violation of this chapter and section shall be subject to a civil fine of $2,500. Any person found in violation of this chapter and section shall be subject to a civil fine not to exceed $1,000.
(F) The corporation counsel, City Attorney or any other attorney authorized by the city shall have authority to seek an injunction to close any business which refuses or fails to comply with this chapter and section.
(G) If any provision of this chapter is determined by a court of competent jurisdiction to be invalid, such invalidity shall not affect the remaining provisions of this chapter which shall remain effective absent the invalid provision, and to this end, the provisions of this chapter are declared to be severable.
(Ord. 20, 2010, passed 10-4-2010)