§ 139.02 PROHIBITED CONDUCT.
   (A)   Possession. No person shall use or possess with intent to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of state or local law.
   (B)   Manufacture, delivery, or sale. No person shall deliver, sell, process with intent to deliver or sell, or manufacture with intent to deliver or sell, drug paraphernalia, knowing that it will be used to plant, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of state law.
   (C)   Advertisement. No person shall place in any newspaper, magazine, handbill, sign, poster or other publications any advertisement, knowing that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.
   (D)   Exceptions. This section shall not apply to manufacturers, wholesalers, jobbers, licensed medical technicians, technologists, nurses, hospitals, research teaching institutions, clinical laboratories, medical doctors, osteopathic physicians, dentists, chiropodists, veterinarians, pharmacists and embalmers in the normal legal course of their respective business or profession, nor to persons suffering from diabetes, asthma, or any other medical condition requiring self-injection.
   (E)   Civil forfeiture. Any drug paraphernalia used, sold, possessed with intent to use or sell, or manufacture with intent to sell, in violation of this section, shall be seized and forfeited and may be destroyed after 60 days.
   (F)   Inhalation of fumes. Except as otherwise permitted by law, no person shall intentionally smell or inhale the fumes of any substance releasing vapors for the purpose of causing euphoria, excitement, exhilaration, stupefaction, or to dull senses. No person shall possess, buy or use any such substance for the purpose of violating or aiding or abetting another to violate this section.
   (G)   Drug houses/admittance. No person shall receive or admit, or offer to receive or admit, any person into any place, structure, house, building or vehicle for the purpose of buying, selling, giving away or using any controlled substance defined under state law or knowingly permit any person to remain in any such place for any such purpose.
   (H)   Loitering. No person shall knowingly loiter about any building, house, vacant lot, street, curblawn, alley, yard, apartment, store, automobile, boat, boathouse, airplane, or other place where controlled substances or drug paraphernalia is illegally sold, used, dispensed, furnished, given away, or stored.
(Ord. 484, passed 6-26-2000)