For the purposes of this article:
(a) "Paraphernalia for the use of marijuana and controlled substances" means any device, contrivance, instrument or paraphernalia designed principally for the smoking, injecting, consuming or inhaling of marijuana, hashish, PCP, cocaine or any controlled substance, such as:
(1) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with screens, permanent screens, hashish heads or punctured metal bowls;
(2) Water pipes;
(3) Carburetion tubes and devices;
(4) Smoking and carburetion masks;
(5) Chamber pipes;
(6) Carburetor pipes;
(7) Electric pipes;
(8) Air-driven pipes;
(9) Chillums;
(10) Bongs;
(11) Ice pipes or chillers;
(12) Pipes where the distance from the end of the stem to the bowl is less than three inches;
(13) 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;
(14) Miniature cocaine spoons, and cocaine vials.
(b) In determining whether an object is paraphernalia designed principally for the use of marijuana and controlled substances, a court or other authority should consider, in addition to all other logically relevant factors, the following:
(1) Statements by an owner or by anyone in control of the object concerning its use;
(2) 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;
(3) The proximity in time and space of the object, charged to be in violation of this article, to any former conviction of this article;
(4) The proximity of the object to controlled substances;
(5) The existence of any residue of controlled substances on the object;
(6) Instructions, oral or written, provided with the object concerning its use;
(7) Descriptive materials accompanying the object which explain or depict its use;
(8) National and local advertising concerning its use;
(9) The manner in which the object is displayed for sale;
(10) 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;
(11) Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise;
(12) The existence and scope of legitimate uses for the object in the community;
(13) Expert testimony concerning its use.
(c) "Paraphernalia for the use of marijuana and controlled substances" shall not mean, and the requirements of this article shall have no application to the sale or display for the purpose of sale, of cigarette papers or cigarette rollers or prescription drugs or devices to ingest or inject prescription drugs.
(Ord. 7508. Passed 3-16-82.)