For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADVERTISE. To verbally, literally or pictorially display, publicize or tell of an item or a quantum of merchandise that is offered for sale.
BUSINESS. A fixed location, whether indoors or outdoors, at which merchandise is offered for sale.
CONTROLLED SUBSTANCES. Those controlled substances set forth in the Cal. Health and Safety Code §§ 11054, 11055, 11056, 11057 and 11058, identified as Schedules I through V, inclusive, as said sections now exist or may hereafter be amended, renumbered or added to in any way.
DISPLAY. To show or have available for view in.
DRUG PARAPHERNALIA.
1. All equipment, products and materials of any kind which are used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repacking, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of any law of the state.
2. DRUG PARAPHERNALIA includes, but is not limited to, all of the following:
(a) Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances;
(b) Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance;
(c) Testing equipment used, intended for use or designed for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances;
(d) Diluents and adulterants, such as quinine hydrochloride, mannitol, marmite, dextrose and lactose used, intended for use or designed for use in cutting controlled substances;
(e) 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;
(f) Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding controlled substances;
(g) Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances;
(h) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances;
(i) Objects used, intended for use or designed for use in injecting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:
(1) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls;
(2) Water pipes;
(3) Carburetion tubes and devices;
(4) Smoking and carburetion masks;
(5) “Roach clips”, meaning objects to hold burning materials, such as a marijuana cigarette that has become to small or too short to be held in the hand;
(6) Miniature cocaine spoons and cocaine vials;
(7) Chamber pipes;
(8) Carburetor pipes;
(9) Air driven pipes; and
(10) Bongs.
3. In determining whether an object is
DRUG PARAPHERNALIA, a court or other authority may consider to the extent authorized by law, 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) Prior convictions, if any, of an owner, of anyone in control of the object, under any state or federal law relating to any controlled substances;
(c) The proximity of the object, in time and space, to a direct violation of this chapter;
(d) The proximity of the object to controlled substances;
(e) The existence of any residue of controlled substances on the object;
(f) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver to persons whom he or she knows intends to use the object to facilitate a violation of the laws of the state relating to controlled substances;
(g) Descriptive materials or instructions, oral or written accompanying the object which explain or depict its use;
(h) National and local advertising concerning its use;
(i) The manner in which the object is displayed for sale including its proximity to other objects falling within the definition of drug paraphernalia;
(j) Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise;
(k) The existence and scope of legitimate uses for the object in the community; and
(l) Expert testimony concerning its use.
ENCLOSURE. Floor space, the physical access to which is restricted and the interior of which is not subject to view by a patrol from the outside.
MINOR. Any person under 18 years of age.
PERSON. A natural person or any firm, partnership, association, corporation or cooperative association.
SELL. Any form of transfer of possession or delivery, whether with or without consideration.
(Ord. 226, passed 3-26-1981)