A. Definition:
1. For purposes of this section, "drug paraphernalia" means 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 in Iowa Code, chapter 124, controlled substances. The term includes, but is not limited to:
a. Kits used, intended for use or designed for use in the 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 for use in weighing or measuring controlled substances.
f. Diluents and adulterants, such as quinine, hydrochloride, manitol, 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. Hypodermic syringes, needles and other objects used, intended for use or designed for use in parenterally injecting controlled substances into the human body.
l. 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) A mesh pad or sponge composed of metal and/or metal alloys made for cleaning, but when cut into pieces is used as a filter for smoking crack cocaine. Such items shall not be considered drug paraphernalia when sold in the manufacturer's original packaging.
(15) Drug stems, meaning a two (2) to six inch (6") long tube, one-eighth inch (1/8") to three-fourths inch (3/4") in diameter and that is made of glass, metal, or ceramic or any other material. Drug stems include, but are not limited to, glass vials or tubes which may contain novelty items of insignificant value or may contain items that are not, in the normal course of business, packaged in such a manner. (Ord. 4826, 7-24-2006)
2. In determining whether an object is drug paraphernalia, a court or other authority may 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 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 section.
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 it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of this section. The innocence of an owner, or of anyone in control of the object, as to a direct violation of this section shall not prevent a finding that the object is intended for use or designed for use as drug paraphernalia.
g. Instructions, oral or written, provided with the object concerning its use.
h. Descriptive materials accompanying the object, which explain or depict its use.
i. National and local advertising concerning its use.
j. The manner in which the object is displayed for sale.
k. Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products.
l. Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise.
m. The existence and scope of legitimate uses for the object in the community.
n. Expert testimony concerning its use.
B. Possession And Delivery: 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 in violation of this section.
It is unlawful for any person to deliver, possess with intent to deliver or manufacture with intent to deliver drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used 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 this section.
C. Delivery To Minors: Any person eighteen (18) years of age or over who violates subsection B of this section by delivering drug paraphernalia to a person under eighteen (18) years of age who is at least three (3) years his junior is guilty of a special offense. (Ord. 4399, 12-13-1999)
D. Penalties: Any person who violates this section is guilty of a Municipal infraction, and upon conviction shall be subject to a civil penalty as provided in subsection 1-3-2C of this Code, in addition to any alternative relief ordered by the court. (Ord. 4399, 12-13-1999; amd. 2001 Code)