(A) A person commits an offense if, in the city, the person intentionally, knowingly, recklessly or with criminal negligence:
(1) Possesses, buys, sells, offers for sale, delivers, or transfers any "illegal smoking paraphernalia." "Illegal smoking paraphernalia" is any equipment, device, or utensil that is used or intended to be used in ingesting, inhaling, or otherwise introducing into the human body any controlled substance (as defined by Tex. Health and Safety Code § 181.002), which paraphernalia includes but is not limited to:
(a) A metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without a screen, permanent screen, hashish head, or punctured metal bowl;
(b) A water pipe;
(c) A carburetion tube or device;
(d) A smoking or carburetion mask;
(e) A chamber pipe;
(f) A carburetor pipe;
(g) An electric pipe;
(h) An air-driven pipe;
(i) A chillum;
(j) A bong; or
(k) An ice pipe or chiller.
(2) Causes any illegal smoking paraphernalia to be sold, delivered, or transferred to another person.
(B) It is a defense to prosecution under this section that the illegal smoking paraphernalia was:
(1) In the possession of a peace officer, or a person acting under the authority of a peace officer, acting in the performance of official duties;
(2) In the possession of or being used by a governmental entity for a health, research, education, or similar program;
(3) In the possession of or being used by a medical, educational, or research institute operating in compliance with all applicable city ordinances and state and federal laws;
(4) Possessed or used by a person under a prescription issued by a licensed physician or dentist authorized to prescribe controlled substances in the State of Texas; or
(5) Possessed or used by a person as part of a bona fide religious ritual or ceremony.
(C) A person violating a provision of this section is, upon conviction, punishable by a fine not to exceed $500. A person commits a separate offense for each day or part of a day during which a violation is committed, continued, or permitted.
(Ord. 20-0817, passed 8-17-2020)