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Home My WebLink AboutOrd1982-508INTRODUCED BY: City Attorney RO~ION DATE: 04/12/82 LI~ARING & ENACTMENT DATE: 05/10/82 CITY OF SEWARD, ALASKA ORDINANCE NO. 508 AN ORDINANCE AMENDING THE CITY OF SEWARD CODE BY PROVIDING FOR REGULATION OF ITEMS DESIGNED OR MARKETED FOR USE WITH CONTROLLED SUBSTANCES. WHEREAS, the City has a legitimate interest in protecting its residents from the rapid proliferation of use of controlled substances which the State of Alaska has declared illegal and which may be physically harmful, and WHEREAS, the sale of items designed or marketed for use with controlled substances condones, glamorizes and advocates the use of controlled substances, and WHEREAS, the dangers of glamorization, condonation and advocacy of the use of controlled substances are particularly acute among adolescent and school age children in the City, and WHEREAS, some items that are similar to those that are designed or marketed for use with controlled substances may have legitimate uses, and WHEREAS, the City does not desire to such items that may be legitimate items and marketed for use with controlled substances, and ban the sale of not designed or WHEREAS, the Model Drug Paraphernalia Act drafted by the Drug Enforcement Administration of the United States Department of Justice and the official commentary thereto provide adequate fair warning to citizens of what items may be subject to regulation under this Ordinance when the intent of the design and/or marketing of such items is considered in accordance with principles recognized by the united States Supreme Court, and WHEREAS, by regulating the sale of such i terns rather than prohibiting possession, or possession with intent to sell, or sale, there will be a minimum interference with the rights of privacy of Seward citizens and lawful uses. NOW THEREFORE BE IT ORDAINED by the City Council of the City of Seward as follows: Section 1. That the City Code of the City of Seward is amended by adding thereto an additional Article, Article VIII of Chapter 15, which additional Article shall read as follows: ARTICLE VIII Regulation of Items Designed or Marketed for Use With Controlled Substances. 1- 15.08.010. Definitions. As used in this chapter, the following terms shall have the meanings as defined herein. A) "Controlled substance" means a narcotic drug as defined in AS 17.10.230 (13) and as supplemented by any regulations adopted under AS 17.10~ and a depressant, hallucinogenic, or stimulant drug as defined in AS 17.12.150(3), and as supplemented by any regulations adopted under AS 17.12. 8) "Items designed or marketed for use with controlled substances" are those items, objects or effects which are principally used with controlled substances by virtue of features designed by the manufacturers and/or those items which are intentionally displayed and marketed in a manner that appeals to or encourages illegal use of controlled substances, and includes but is not limited to: * 1) Kits designed or marketed 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 designed or marketed manufacturing, compounding, converting, processing, or preparing controlled substances~ 3) Isomerization devices designed or marketed for use in increasing the potency of any species of plant which is a controlled substance~ 4) Testing equipment designed or marketed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances; 5) Scales and balances designed or marketed for use in weighing or measuring controlled substances~ 6) Dilutents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, designed or manufactured for use in cutting controlled substances~ 7) Separation gins and sifters designed or marketed for use in removing twigs and seeds from, or in otherwise cleaning or refining marijuana~ 8) Blenders, bowls, containers, spoons and mixing devices designed or marketed for use in compounding controlled substances; 9) Capsules, balloons, envelopes and other containers designed or marketed for use in packaging small quantities of controlled substances; 10) Containers and other items designed or marketed for use in storing or concealing controlled substances~ for use in producing, For a discussion of this definition generally see village of Hoffman Estates v. Flipside, 42LW 4267 (March 3, 1982), and Articie I of the Model Drug paraphernalia Act developed by the Drug Enforcement Administration of the Department of Justice. 2- e 11) HYPodermic syringes, needles and other items designed or marketed for use in parenterally injecting controlled substances into the human body~ 12) Items designed or marketed for use in ingesting, inhaling, or otherwise introducing marlJuana, cocaine, hashish, or hashish oil into the human body, such as: plastic, permanent bowls~ a) Metal, wooden, acrylic, glass, stone, or ceramic pipes with or without screens, screens, hashish heads, or punctured metal b) Water pipes~ c) Carburetion tubes and devices; d) Smoking and carburet ion masks~ e) Roach clips: meaning items used burning material such as a marijuana cigarette become too small or too short to be held in the f) Miniature cocaine spoons and to hold that has hand~ cocaine vials; g) Chamber pipes~ h) Carburetor pipes~ i) Electric pipes~ j) Air-driven pipes~ k) Chillums~ 1) Bongs~ m) Ice pipes or chillers~ C) In determing whether an item is designed or marketed for use with controlled substances a court or other authority should consider, in addition to all other logically relevant factors, the following: 1) Statements by a licensee under this Article or by anyone in control of the item concerning its use~ 2) prior convictions, if any, of a licensee under or of anyone in control of the item under any State or Federal law relating to any controlled substance~ 3) The proximity of the object in time and space to a direct violation of AS 17.10 or AS 17.12~ 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 a licensee under this Article or of anyone in control of the item to deliver it to persons whom he knows or should reasonably know, intend to use the item to facilitate a violation of AS 17.10 or AS 17.12~ the innocence of an owner, or of anyone in control of the item as to a direct violation of AS 17.10 or AS 17.12 shall not prevent a finding that the item designed or marketed for use with controlled substances. 7) Instructions, oral or written, provided with the item concerning its use~ 3- e 15.08.060. Remedies. A) A person who violates any provision of this chapter shall be subject to a civil penalty of not less than $50.00 nor more than $1,000.00 for each offense or injunctive relief to restrain the person from continuing the violation or threat of violation, or both injunctive relief and a civil penalty. Upon application for injunctive relief and a finding that a person is violating or threatening to violate any provision of this chapter, the Superior Court shall grant injunctive relief to restrain the violation. B) Each day of violation of any provision of this chapter shall constitute a separate offense. 15.08.070. Severability. If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions- or applications of the chapter which can be given effect without the invalid provisions of this chapter. Section 2. Effective Date. This ordinance shall become effective on May 20 , 1982. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this lath day of May , 1982. CI/7~~ 1-!:L;h~k C. Keith Campbell Vice-Mayor AYES: NOES: ABSENT: BURGESS, MEEHAN, O'BRIEN, SORIANO, SWARTZ AND CAMPBELL NONE CRIPPS ATTEST:APPROVED AS TO FORM: HUGHES, THORSNESS, GANTZ, POWELL & BRUNDIN, Attorneys for the City of Seward rsI~ Fred B. Arvidson, Esq. 5-