0594
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ORDINANCE NO.
5 9 4
AN ORDINANCE REGULATING DRUG PARAPHERNALIA SOLD WITHIN THE CITY
OF JACKSONVILLE, ADDING CHAPTER 9.28 TO THE MUNICIPAL CODE OF
JACKSONVILLE~ AND FOR OTHER PURPOSES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE,
ARKANSAS, THAT:
SECTION 1. There is hereby added to the Municipal Code
of Jacksonville, Arkansas, Chapter 9.28, which reads as follows:
CHAPTER 9.28
DRUG PARAPHERNALIA
Sections:
9.28.01
9.28.02
Definitions
Unlawful; Penalties
9.28.01
Definitions
The te.lUl "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 sub-
stance in violation of the Arkansas Controlled Substances Act
(Ark. Stats. Ann. 82-2601--82-2638). Drug Paraphernalia includes,
but is not limited to:
(1) 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;
(2) Kits used, intended for use, or designed for use in
manufacturing, compounding, converting, producing, processing,
or preparing controlled substances;
(3) Isomerization devices used, intended for use, or de-
signed for use in increasing the potency of any species of
plant which is a controlled substance;
(4) Testing equipment used, intended for use, or designed
for use in identifying or in analyzing the strength, effective-
ness or purity of controlled substances;
(5) Scales and balances used, intended for use, or designed
for use in weighing or measuring controlled substances;
(6) Diluents and adulterants, such as quinine hydrochloride,
mannitol, mannite, dextrose and lactose, used, intended for
use, or designed for use in cutting controlled substances;
(7) Separation gins and sifters used, intended for use, or
designed for use in removing twigs and seeds from, or in other-
wise cleaning or refining marihuana;
(8) Blenders, bowls, containers, spoons and mixing devices
used, intended for use, or designed for use in compounding~
controlled substances;
(9) Capsules, balloons, envelopes and other containers
used, intended for use, or designed for use in packaging small
quantities of controlled substances;
(10) Containers and other objects used, intended for use, or
designed for use in storing or concealing controlled substances;
(11) Hypode.Lluic syringes, needles and other obj ects used,
intended for use, or designed for use in parenterally injected
controlled substances into the human body;
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(12) Objects used, intended for use, or designed for use
in ingesting, inhaling, or otherwise introducing marihuana,
cocaine, hashish, or hashish oil into the human body, such as:
(a) Metal, wooden, acrylic, glass, stone, plastic, or
ceramic pipes with or without screens, permanent screens,
hashish heads, or punctured metal bowls;
(b) Water pipes;
(c) Carburetion tubes and devices;
(d) Smoking and carburetion masks;
(e) Roach clips: meaning objects used to hold burning
material, such as a marihuana cigarette, that has become
too small or too short to be held in the hand;
(f) Miniature cocaine spoons and cocaine vials;
(g) Chamber pipes;
(h) Carburetor pipes;
(i) Electric pipes;
(j) Air-driven pipes;
(k) Chillums;
(1) Bongs;
(m) Ice pipes or chillers;
In deteJ.ll1ining whether an obj ect is drug paraphernalia,
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 re-
lating to any controlled substance;
(3) The proximity of the object, in time and space, to a
direct violation of the Arkansas Controlled Substances Act;
(4) The proximity of the object to controlled substances;
(5) The existence of any residue of controlled substances
on the object;
(6) Direct or circumstantial evidence of the intent of
an owner, or of anyone in control of the object, to deliver it
to persons who he knows) or should reasonably know, intend to
use the object to facilitate a violation of the Arkansas Con-
trolled Substances Act; the innocence of an owner, or of any-
one in control of the object, as to a direot violation of the
Arkansas Controlled Substances Act should not prevent a find-
ing that the object is intended for use, or designed for use
as drug paraphernalia;
(7) Instructions, oral or written, provided with the
object concerning its use;
(8) Descriptive materials accompanying the object which
explain or depict its use;
(9) National and local advertising concerning its use;
(10) The manner in which the object is displayed for sale;
(11) Whether the owner, or anyone in control of the object;
is a legitimate supplier of like or related items to the com-
munity, such as a licensed distributor or dealer of tobacco
products;
(12) Direct or circumstantial evidence of the ratio of
sales of the object(s) to the total sales of the business
enteJ.1:Jrise;
(13) The existence and scope of legitimate uses for the
object in the community;
(14) Expert testimonyconceL11ing its use.
9.28.02 Unlawful; Penalties
(1) Possession of Drug Paraphernalia
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 the Arkansas Controlled
Substances Act. Any person who violates this subsection is guilty
of a crime and upon conviction may be fined not more than five
hundred dollars ($500.00).
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(2) Manufacture of Delivery of Drug Paraphernalia
It is unlawful for any person to deliver, possess with
intent to deliver, or manufacture with intent to deliver, drug
paraphe.Llialia, knowing, or under circumstances where one
reasonably should know, that it will be used to plant, pro-
pagate, cultivate, grow, harvest, manufacture, compound, convert,
produce, process, prepare, test, analyze, pack, repack, store,
contain, conceal, inject, ingest, inhale, or otherwise intro-
duce into the human body a controlled substance in violation
of the Arkansas Controlled Substances Act. Any person who vio-
lates this subsection is guilty of a crime and upon con-
viction may be fined not more than five hundred dollars ($500.00).
(3) Delivery of Drug Paraphernalia to a Minor
Any person 18 years of age or over who violates Subsection
(2) of Section 9.28.02 by delivering drug paraphernalia to a per-
son under 18 years of age who is at least 3 years his junior is
guilty of a special offense and upon conviction may be fined not
more than five hundred dollars ($500.00).
(4) Advertisement of Drug Paraphernalia
It is unlawful for any person to place in any newspaper,
magazine, handbill, or other publication any advertisement, know-
ing, or under circumstances where one reasonably should know,
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. Any person who violates this subsection
is guilty of a crime and upon conviction may be fined not more
than five hundred dollars ($500.00).
SECTION 2. Severability.
If any subsection, sentence, clause, phrase or portion
of this ordinance is for any reason held to be invalid or
unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council of
this City hereby declares that it would have adopted this or-
dinance and each subsection, sentence, clause, phrase or portion
thereof, irrespective of the fact that anyone or more sub-
sections, clauses, sentences, phrases or portions be declared
invalid or unconstitutional.
SECTION 3. All ordinances in conflict with this ordinance
are hereby repealed to the extent of such conflict.
APPROVED AND ADOPTED THIS 19th DAY OF
JUNE
, 1980.
CITY OF JACKSONVILLE, ARKANSAS
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ATTEST:
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CITY ATTORNEY
(EMERGENCY CLAUSE NOT AFFIXED<< ORDINANCE EFFECTIVE JULY 19TH~ 1980jCity Clerk Gerren)
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