A. Controlled Substances:
1. Any person who delivers, for no consideration, less than five grams (5 g) of the dried leaves, stems and flowers of the plant Cannabis family Moraceae is guilty of a violation, punishable by a fine of not less than five hundred dollars ($500.00) and not more than one thousand dollars ($1,000.00).
2. Any person who knowingly or intentionally is in unlawful possession of a controlled substance in schedule V is guilty of a violation.
3. Any person who knowingly or intentionally is in unlawful possession of less than one avoirdupois ounce of the dried leaves, stems and flowers of the plant Cannabis family Moraceae is guilty of a violation, punishable by a fine of not less than five hundred dollars ($500.00) and not more than one thousand dollars ($1,000.00).
B. Drug Paraphernalia:
1. Definitions: For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning:
DRUG PARAPHERNALIA: 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, as defined by Oregon Revised Statutes 475.005, in violation of this chapter. It includes, but is not limited to:
a. 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 from which a controlled substance can be derived;
b. Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances;
c. Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance;
d. Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness or purity of controlled substances;
e. Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;
f. Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting controlled substances;
g. 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;
h. Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances;
i. Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances;
j. Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances;
k. 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:
(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 used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand;
(6) Miniature cocaine spoons, and cocaine vials;
(7) Chamber pipes;
(8) Carburetor pipes;
(9) Electric pipes;
(10) Air driven pipes;
(11) Chillums;
(12) Bongs;
(13) Ice pipes or chillers;
(14) Meth tooters or meth pipes.
2. Determinations Of Objects: 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:
a. Statements by an owner or by anyone in control of the object concerning its use;
b. Prior convictions, if any, of an owner, or of anyone in control of the object, under any city, state, or federal law relating to any controlled substance;
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. Instructions, oral or written, provided with the object concerning its use;
g. Descriptive materials accompanying the object which explain or depict its use;
h. The existence and scope of legitimate uses for the object in the community;
i. Expert testimony concerning its use.
3. Possession:
a. It is unlawful for any person to use, or to 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, as defined by Oregon Revised Statutes 475.005, in violation of this chapter.
b. This section does not apply to manufacturers, practitioners, pharmacists, owners of pharmacies and other persons whose conduct was in accordance with appropriate statutes.
c. Any drug paraphernalia used in violation of this section shall be seized and disposed of in accordance with Oregon Revised Statutes 133.623 to 133.653.
d. Any person who knowingly or intentionally is in possession of unlawful drug paraphernalia commits a class A violation. (Ord. 725, 1-13-2004)
C. Urinating In Public:
1. No person shall urinate while in, or in view of, any public place, except in restrooms provided for that purpose.
2. Urinating in public is a class B violation. (Ord. 755, 6-1-2010)