(A) Definitions. As used in this section, unless the context otherwise requires, the following words and terms shall have the meanings ascribed to them in this section as follows.
CONTROLLED SUBSTANCE. Shall have the meaning ascribed to it in the Illinois Controlled Substances Act, ILCS Ch. 720, Act 570, Art. I et seq., as amended from time to time, as if that definition were incorporated herein.
DELIVER or DELIVERY. The actual, constructive or attempted transfer of possession, with or without consideration, whether or not there is an agency relationship.
DRUG PARAPHERNALIA. All equipment, products and materials of any kind, other than methamphetamine manufacturing materials as defined in Section 10 of the Methamphetamine Control and Community Protection Act, ILCS Ch. 720, Act 646, § 10, which are intended to be used unlawfully 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 in violation of the Illinois Controlled Substances Act, as amended from time to time, or the Methamphetamine Control and Community Protection Act, ILCS Ch. 720, Act 646, §§ 1 et seq., as amended from time to time. It includes, but is not limited to:
(a) Kits intended to be used unlawfully in manufacturing, compounding, converting, producing, processing or preparing a controlled substance;
(b) Testing equipment intended to be used unlawfully in a private home for identifying or in analyzing the strength, effectiveness, or purity of controlled substances;
(c) Diluents and adulterants intended to be used unlawfully for cutting a controlled substance by private persons;
(d) Objects intended to be used unlawfully in ingesting, inhaling, or otherwise introducing cocaine into the human body, including, where applicable, the following items:
1. Water pipes;
2. Carburetion tubes and devices;
3. Smoking and carburetion masks;
4. Miniature cocaine spoons and cocaine vials;
5. Carburetor pipes;
6. Electric pipes;
7. Air-driven pipes;
8. Chillums;
9. Bongs; and
10. Ice pipes or chillers.
(e) Any item whose purpose, as announced or described by the seller, is for use in violation of this section.
(f) Any other item defined as DRUG PARAPHERNALIA by the Drug Paraphernalia Control Act, ILCS Ch. 720, Act 600, § 1 et seq., as it may be amended from time to time.
(B) Prohibitions.
(1) It shall be unlawful for any person to knowingly possess, use or deliver any controlled substance, or any other substance the use and/or possession of which is illegal under any Illinois statute or this code (“the illegal substance”). This section shall only apply to possession, use and delivery of such substance in an amount not exceeding ten grams.
(2) It is unlawful for any person to knowingly use, suffer, permit, or allow the violation of the provisions of this section in any motor vehicle, conveyance, vessel, house, apartment, room, shed, yard, premises, or other area of which that person is the owner, lessee, permittee, bailee, legal possessor or occupier.
(3) It is unlawful for any parent or guardian to permit his or her residence to be used by an invitee of the parent’s child or the guardian’s ward in a manner that constitutes a violation of this section. A parent or guardian is deemed to have permitted his or her residence to be used in violation of this section if he or she knowingly authorizes, enables, or permits the use to occur by failing to control access to the residence.
(4) It is unlawful for any person to remain in any motor vehicle, conveyance, vessel, house, apartment, room, shed, yard, premises, or other area when that person knows, or reasonably should know, that one or more other persons located in the motor vehicle, conveyance, vessel, house, apartment, room, shed, yard, premises, or other area are in possession of any controlled substance prohibited by Illinois statute, or other illegal substance.
(C) Sale, offering for sale, and delivery prohibited.
(1) Any person who keeps for sale, offers for sale, sells, or delivers for any commercial consideration any item of drug paraphernalia commits a violation of this section, for which a maximum fine of $750 for each such item shall be imposed.
(2) Any store, place, or premises from which or in which any item of drug paraphernalia is kept for sale, offered for sale, sold, or delivered for any commercial consideration is declared to be a public nuisance.
(D) Possession of drug paraphernalia.
(1) A person who knowingly possesses an item of drug paraphernalia with the intent to use it in ingesting, inhaling, or otherwise introducing a controlled substance into the human body, or in preparing a controlled substance for that use, is guilty of a violation of this section for which the court shall impose a maximum fine of $750 for each such violation. This section does not apply to a person who is legally authorized to possess hypodermic syringes or needles under the Hypodermic Syringes and Needles Act, ILCS Ch. 720, Act 635, §§ 0.01 et seq.
(2) A person who knowingly possesses an item of drug paraphernalia with the intent to use it in ingesting, inhaling, or otherwise introducing a controlled substance into the human body, is guilty of a violation of this section for which the court shall impose a fine of not more than $750 for each such violation.
(Ord. 16-06, passed 8-16-2016; Ord. 20-3, passed 1-21-2020)