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Home My WebLink About1046 Ord (Drug Paraphernalia) ORDINANCE 1046 AN ORDINANCE TO CREATE AND ENACTION SECTION 52-17 OF THE STILLWATER CITY CODE RELATING TO DRUG PARAPHERNALIA The City Council of the City of Stillwater does ordain: Section 52-17 of the Stillwater City Code is hereby enacted to read as follows: Subd. 1. It is unlawful for any person knowingly and intentionally to use or possess drug paraphernalia. Any violation of this section is a petty misdemeanor. Subd. 2. It is unlawful for any person knowingly and intentionally to sell, offer for sale or place in any newspaper, magazine, handbill or online publication any advertisement or proclamation for sale of drug paraphernalia. A violation of this section is a misdemeanor. Subd. 3. Definitions. Minnesota Statutes Chapter 152 and the definitions contained in that chapter are adopted and made a part of this ordinance by reference, as if set forth verbatim. Paraphernalia includes, without limitation: A. 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. 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. intended for use, or designed d for use in E. Scales and balances used, g weighing or measuring controlled substances. F. Diluents and adulterants, including quinine hydrochloride, mannitol, 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, grinders, and mixing devices used, intended for use, or designed for use in compounding, manufacturing, producing, processing, or preparing 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 in storing or concealing controlled substances or products or materials used or intended for use in manufacturing, producing, processing or preparing controlled substances. K. Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing controlled substances to include but not limited to marijuana, cocaine, hashish, or hashish oil into the human body including: 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. Objects, sometimes commonly referred to as roach clips, used to hold burning material, for example, a marijuana 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. L. Ingredients or components to be used or intended or designed to be used in manufacturing, producing, processing, preparing, testing, or analyzing a controlled substance, whether or not otherwise lawfully obtained, including anhydrous ammonia, nonprescription medications, methamphetamine precursor drugs, or lawfully dispensed controlled substances. Subd. 4. Drug Paraphernalia Guidelines. In determining whether an object is drug paraphernalia, a court or other authority shall consider, in addition to all other logically relevant factors: 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 of federal law relating to any controlled substance. C. The proximity of the object, in time and space, to a direct violation of this ordinance. 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 any person in control of the object, to deliver the object to another person whom the owner or person in control of the object knows, or should reasonably know, intends to use the object to facilitate a violation of this ordinance. The innocence of an owner, or of any person in control of the object, as to a direct violation of this ordinance may not prevent a finding that the object is intended or designed for use as drug paraphernalia. G. Instructions, oral or written, provided with the object concerning the object's use. H. Descriptive materials accompanying the object, which explain or depict the object's use. I. National and local advertising concerning the object's 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, for example, a licensed distributor or dealer of tobacco products. L. Direct or circumstantial evidence of the ration of sales of the object or objects 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 the object's use. 0. The actual or constructive possession by the owner or by a person in control of the object or the presence in a vehicle or structure where the object is located of written instructions, directions, or recipes to be used, or intended or designed to be used, in manufacturing, producing, processing, preparing, testing or analyzing a controlled substance. Enacted by the City Council of the City of Stillwater this 1st day of May, 2012. CITY OF STILLW Ke• arycki, Mayor 'Attest: f 4 J 1. Diane F. Ward, City Clerk „tot 0 a ater AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA { COUNTY OF WASHINGTON (Official Publiication) t: ORDINANCE 1046 Julie Athey, AN ORDINANCE TO CREATE AND ENACT SECTION 52-17 OF THE STILLWATER CITY CODE RELATING TO DRUG PARAPHERNALIA being duly sworn on oath,says:that she is, The City Council of the City of Stillwater does ordain: and during all times herein states has been, Clerk of Sun Newspapers Section 52-17 of the Stillwater City Code is hereby enacted to read as foN Publisher of the newspaper known as the lows: Stillwater Gazette, a newspaper of Subd.1. It is unlawful for any person knowingly and intentionally to use or possess drug paraphernalia. Any violation of this section is a petty misde- general circulation within the City of meanor. Stillwater and the County of Washington. Subd.2. It is unlawful for any person knowingly and intentionally to sell, er for sale or place in any newspaper,magazine,handbill or online pub That the notice hereto attached was cut from iicviola any of this section or misdemean for sale of drug paraphernalia. the columns of said newspaper and was violation of this section is a misdemeanor. r. °Subd.3.Definitions.Minnesota Statutes Chapter 152 and the definitions printed and published therein on the contained in that chapter are adopted and made a part of this ordinance by following date(s): reference,as if set forth verbatim. Paraphernalia includes,without limitation: A. Kits used,intended for use,or designed for use in planting,propagat- 3rd of May 2012 ing,cultivating,growing,or harvesting of any species of plant which is a Newspaper Ref./Ad#1105563 controlled substance or from which a controlled substance can be derived. B. Kits used,intended for use,or designed for use in manufacturing,com- pounding,converting,producing, processing or preparing controlled sub- - - stances. - 7/1/'--tI a C. Isomerization devices used,intended for use,or designed for use in increasing the potency of any species of plant,which is a controlled sub- stanne. Subscribed and sworn to before me this D. Testing equipment used,intended for use,or designed for use in Wen- 3"d da of Ma 2012 • titling or in analyzing the strength,effectiveness,or purity of controlled sub- y y stances. ,' E. Scales and balances used, intended for use,or designed.for use in k Berrim weighing or measuring controlled substances. F. Diluents and adulterants, including quinine hydrochloride,mannitol, rdextrose,and lactose,used,intended for use,or designed for use in cut- NOTARY PUBLIC „ting controlled substances j G. Separation gins and sifters used,intended for use,or designed for use Washington County,Minnesota On removing twigs and seeds from,or in otherwise cleaning irting,mar- g ijuana. '-” t rs toy My commission expires January 31,2016 H. Blenders, bowls, containers,spoons, grinder4,, mixing devices y P ry 'used,intended for use,or designed for use in compounding,manufactur- ing,producing,processing,or preparing controlled substances. I. Capsules,balloons, envelopes,and other containers used,intended _______ for use,or designed for use in packaging small quantities of controlled sub- ic MARK E.EE R R I MA N i stances. � 'R" �'� NOTARY PUBLIC ; J. Containers and other objects used,intended for use in storing or con- '4,- MINNESOTA MINNESOTA seating controlled substances or products or materials used orintended for �' ,t, "'W ImmiMlon Expires Jan.31,2016 use in manufacturing,producing,processing or preparing controlled sub- J , "i"a o°------ -- - - stances. K. Objects used,intended for use,or designed for use in ingesting,inhal- ing,or otherwise introducing controlled substances to include but not limit- ed to marijuana, cocaine, hashish, or hashish oil into the human body including: ,. a, ,4„,, a. Metal,wooden,acrylic,glass,stone,plastic,or pipes with or without screera,permanent screens,hashish heads; nctured metal bowls f,0i 416' ? 3, .i. b. Water pipes, c. Carburetion tubes and devices. e. 0 i a w t asreaeh bti a to hold burning material for`°Sem e;a marijuana cigarett @' has aicerrne too small Or too Short to be�ir1,,the hand. f. Miniature cocaine s a • - 4als. g..C isa 6x a �,r r 'a€' ' € *,' -z S r nett a�'- t*`t ' r ,.e-' ., � i Fledrio pipes ' '= $ t f ,,,.. J. Air-driven pipes I •k �rnS s. 23 ``.', -r=kc* Ar v#'f** Y°d at' : ^w ate'; # :. f v n,X 5p; fn.,�, r4 II ,t .�,, r,-fi" #Ytw a 4€,h .�&f u'°-` 4''., r Fad..:-: t ;c= r iii " to�6lertt t0 be used in manufacturing:producing,P ig,pr sing 1 no ,. including anhydrous ammonia nonpr criptforr me Lotingta , lalia 1� a object is,d�r'pu. parapherrSalia,aliou , �• .. ifaan ,tout ►b Y k .. J - a ;;),' ing€its use. -t B. Prior coi victions,if di n`e $ O 6 i r .of the o fi''.* indar cti tae€ C. lb/oft iii aatlil R Ol8$°ii Of tti t o 4 s P,,- �," •. ,.`tis try.. ,! '� $$ :'. x ,4. 3>, . ye.;µ-.'.4�rl � �l %. 3 Y a : ae ',pd @. 1 intended 4r .8 ) ' 4P 3 1401‘4''''' 3'rvi't ++' $: fin' i ' a",„4,11. i3.£ InstrucCesn's/oval or written } R.m• y,n 1 f --- - • ` s' t-.4....--,. a ' ' oak' a � 3`F,,, . §'<"` - fiE` 'i +r ';&s aGk .1, , L, i:3 t d.a'' .,.' t r�z ,� � € r Ifi'. n ,; X4. e distributor or dealer 4 tobacoO prodtl -, ', L. birecf or c nrst ntiat..= onto r$ion'of; l @.' t ' '�A,. :„ . e,,'1t i s''1 4Az r '� .. :t s ',mss„ ' =. dnt�(1 e,,.�f .a '1'za ',.'tea# '",t ' ffi.*s - _ : 'rn L4 qtr °*13',dz �i 0. The actual or cone s. ! , , m control of the gbject or the preser in a vehicle err.structure object Is located of written"instfuebonsr�d mot vi a P__ or inonrtdet..or designedto`be used in manufacturing,producing, preparing testiactor analyzing as controlled apt„.4't ''..t' Enacted by the City Council of the City of ttiUvJater this 1st Gdaj/ May, 2412. CITY OF STILLWAtEFt. /s/Ken tfaryd�di Ken Marydd,Mayor Attest: /sf Dien • 2Yard..: Diane F.Ward,City Clara 2012)Ordinance 1f)4t3