HomeMy WebLinkAbout1999-05-17-Ordinance 2291_Criminal Code, Drug Possession and ManufactureORNINANCE NO.2291
AN ORDINANCE DEFINING THE CRIME OF UNLAWFUL POSSESSION OR
MANUFACTURE OF DRUG PARAPHERNALIA AND PROVIDING THE
PUNISHMENT THEREFOR.
BE IT ORDAINED by the Council of the City of Waukee:
§615.1 Definitions.
A.The term "drug paraphernalia"as used in this Section shall mean all
equipment,products and materials of any kind which were 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,
concealing,containing,injecting,ingesting,inhaling,or otherwise
introducing into the human body a controlled substance in violation of the
Uniform Controlled Substances Act,chapter 124,Code of Iowa.It
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 designed 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,effectiveness,or purity of
controlled substances.
5.Scales and balances used,intended for use or designed for use in
weighing or measuring controlled substances.
6.Dilutents and adulterants such as quinine,hydrochloride,mannitol,
mannite,dextrose or 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 otherwise cleaning and I
refining marijuana.
8.Blenders,bowls,containers,spoons and nuxmg 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.Hypodermic syringe needles and other objects used,intended for
use,or designed for use in primarily injecting controlled
substances into the human body.
B.Objects used,intended for use or designed for use in ingesting,inhaling,
or otherwise introducing heroin,marijuana,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 beads or punctured
metal bowls;
2.Water pipes,chamber pipes,carburetor pipes,electric pipes,au
driven pipes,bongs,ice pipes or chillers;
3.Carburetion tubes and devices;
4.Smoking and casrburetion masks;
5.Roach clips,meaning objects used to hold burning materials,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.
C.In determining whether an object is "drug paraphernalia"for the purpose
of enforcing this Section,the following factors should be considered in
addition to all other logically relevant factors:
1.Statements by an owner or by anyone m control of the object
concerning its use.
2.Prior convictions,if any,of an owner or anyone in control of the
object under any state or Federal law relating to any controlled
substances.,I
3.The proximity of the objects in time and space to a direct violation
of the Uniform Controlled Substances Act,chapter 124 of the Iowa
Code.
4.The proximity of the object to controlled substances.
5.The existence of any residue of controlled substance on the object.
6.Direct or circumstantial evidence of the intent of any owner or of
anyone in control of the object,to deliver it to persons whom he or
she knows or should reasonably know intended to use the object to
facilitate a violation of the Uniform Controlled Substance Act,
chapter 124 of the Iowa Code.
7.The innocence of an owner,or of anyone in control of the object,
as to a direct violation of the Uniform Controlled Substance Act,
chapter 124 of the Iowa Code,should not prevent a finding that the
object is intended for use,or designated for use as drug
paraphernalia.
8.Instruction,oral or written,provided with the object concerning its
use.
9.Descriptive materials accompanying the object which explain of
depict 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 community,such
as a licensed distributor or dealer oftobacco products.
12.Direct or circumstantial evidence of the ratio of sales of the
object(s)to the total sales of the business enterprise.
13.The existence and scope oflegitimate uses for the objects in the
community.
14.Expert testimony concerning its use.
D.Unlawful Possession of Drug Paraphernalia.It is unlawful for any person
to use,or to possess with intent to use drug or to possess with intent to use
drug paraphernalia to plant,propagate,cultivate,grow,harvest,I
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
Uniform Controlled Substances Act,chapter 124 of the Iowa Code.Any
person who violates this provision of this Section is guilty of a simple
misdemeanor .
E.Unlawful Manufacture or Delivery of Drug Paraphernalia:It is unlawful
for any person to deliver,possess with intent to deliver,or manufacture
with intent to deliver drug paraphernalia,intending that the drug
paraphernalia will be used,or knowing,or under circumstances where
they reasonable should know that it will be used,or knowing that it is
designed for use to plant,propagate,cultivate,grow,harvest,manufacture,
compound,convert,produce,prepare,test,analyze,pack,repack,store,
contain,conceal,inject,ingest,inhale,or otherwise produce into the
human body a controlled substance in violation of the Uniform Controlled
Substances Act,chapter 124 of the Iowa Code.Any person who violates
this provision of this Section is guilty of a simple misdemeanor.
F.Penalty:Any persons violating any provision,subsection or paragraph of
this Section shall be subject to the general penalty provisions of the City
Code for simple misdemeanor violation.
§615.2 Repealer.All ordinances or parts of ordinances in conflict with
the provisions of this ordinance are hereby repealed.
§615.3 Severability Clause.If any section,prOVISIOnor part of this
ordinance shall be adjudged invalid or unconstitutional,such adjudication shall not affect
the validity of the ordinance as a whole or any section,provision,or part thereof not
adjudged invalid or unconstitutional.
§615.4 Effective Date.This ordinance shall be in effect upon its final
passage,approval and publication as provided by law.
Passed by the Council this 17th day of May,1999,and approved this 17th day of May,
1999.
May 17,1999 -Ordinance Defining Crime of Unlawful Possession or Manufacture
of Drug Paraphernalia.Motion by Councilman Gruber,seconded by Councilman
Berger,to have the City Clerk read the ordinance for the first time in title only.The
Mayor asked for a roll call vote:Ayes:Gruber,Berger,and Peard.Nays:None.Motion
carried 3 to O.
May 17,1999 -Ordinance Defining Crime of Unlawful Possession or Manufacture
of Drug Paraphernalia.Motion by Councilman Berger,seconded by Councilman
Gruber,to waive the second and third readings.The Mayor asked for a roll call vote:
Ayes:Berger,Gruber,and Peard.Nays:None.Motion carried 3 to O.
May 17,1999 -Ordinance No.2291 Defining Crime of Unlawful Possession or
Manufacture of Drug Paraphernalia.Motion by Councilman Gruber,seconded by
Councilman Berger,to place ordinance on final passage.The Mayor asked for a roll call
vote:Ayes:Gruber,Berger,and Peard.Nays:None.Motion carried 3 to O.
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Mayor,Donald L.Bailey,r.
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Attest:
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