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HomeMy WebLinkAbout4399-12/13/1999 BLACK HAWK COUNTY IOWA:SS CC1,8:54 MISC Filed for record Mar 6, 2000 at A ) 4:00 PM. and recorded in Book 337 of MISC Page 489 • MARGIN PROOFeh :�is� Recorder CQMPA1 1 FEE 1-25.00/ CITY OF WATERLOO This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. ORDINANCE NO. 4399 AN ORDINANCE AMENDING THE 1993 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY ADDING CHAPTER 27 . 1, OFFENSES; MISCELLANEOUS - DRUG PARAPHERNALIA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that Chapter 27 . 1 Offenses, Miscellaneous - Drug Paraphernalia, be and the same hereby added to the 1993 Code of Ordinances of the City of Waterloo, Iowa as follows : CHAPTER 27 . 1 OFFENSES; MISCELLANEOUS - DRUG PARAPHERNALIA Sec. 27 . 1-1 . Drug Paraphernalia. (a) For purposes of this article, 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 substance, as defined in the Code of Iowa, Chapter 124, Controlled Substances . The term includes but is not limited to: (1) Kits uses, intended for use or designed for use in the 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 . j (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 for use in weighing or measuring controlled substances . Box 337 PAGE 489 Ordinance No. 4399 Page 2 (6) Diluents and adulterants, such as quinine, hydrochloride, manitol, 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 otherwise cleaning or refining marijuana. (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) Hypodermic syringes, needles and other objects used, intended for use or designed for use in parenterally injecting controlled substances into the human body. (12) Objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as : i. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls. ii . Water pipes. iii . Carburetion tubes and devices. iv. Smoking and carburetion masks . v. 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. vi. Miniature cocaine spoons, and cocaine vials . vii . Chamber pipes . viii. Carburetor pipes. ix. Electric pipes. x. Air-driven pipes . xi . Chillums xii. Bongs xiii. Ice pipes or chillers . (b) In determining whether an object is drug paraphernalia, a court or other authority may consider, in addition to all other logically relevant factors, the following: BOOT{ 337 PAGE 490 Ordinance No . 4399 Page 3 (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 of the object, in time and space, to a direct violation 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) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he/she knows, or should reasonably know, intend to use the object to facilitate a violation of this article. The innocence of an owner, or of anyone in control of the object, as to a direct violation of this article shall not prevent a finding 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 community, such as a licensed distributor or dealer of tobacco products. (12) Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise. (13) The existence and scope of legitimate uses for the object in the community (14) Expert testimony concerning its use (Code 1971, Sec. 23-111) . BO 337PAGE491 Ordinance No. 4399 Page 4 Sec. 27 . 1-2 . Possession and Delivery 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 this article. It is unlawful for any person to deliver, possess with intent to deliver or manufacture with intent to deliver drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used 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 this article. Sec. 27 . 1-3 . Delivery to Minor. Any person 18 years of age or over who violates the preceding section by delivering drug paraphernalia to a person under 18 years of age who is at least three years his/her junior is guilty of a special offense. Sec. 27 . 1-4 . Penalties. Any person who violates this ordinance is guilty of a municipal infraction, and upon conviction shall be subject to a civil penalty of five hundred dollars ($500. 00) for the first offense and seven hundred fifty dollars ($750. 00) for each subsequent offense, in addition to any alternative relief ordered by the Court. INTRODUCED: November 22, 1999 PASSED 1ST CONSIDERATION: November 22, 1999 PASSED 2ND CONSIDERATION: December 6, 1999 PASSED 3RD CONSIDERATION: December 13, 1999 PASSED AND ADOPTED by the City Council on the 13th day of December 1999, and approved by the Mayor on 15th day of December 1999. 1111110i1 / Jo R. rooff, Mayor/i, ATTEST Nancy EckCt,. 'City Clerk a 337 PAGE 492 • Ordinance No. 4399 Page 5 CERTIFICATE I, Nancy Eckert, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 4399, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 13th day of December 1999. Witness my hand and seal of office this l5th day of December 19,99ve • Nancy Eck rt, City Clerk P. 337 PAGE 493 • IDRM I I T. STATE OF IO%VA, SS I do solemnly swear that the annexed copy of legal Waterloo, City of Black Hawk County, Ordinance 4399 ORDINANCE NO.4399 notice was published in the Waterloo-Cedar Falls Courier, a daily newspaper printed in • AN ORDINANCE AMENDING THE 1993 CODE OF ORDINANCES OF THE CITY OF WATERLOO,IOWA, Waterloo, Black I lawk County, Iowa, once commencing on the 23rd BY ADDING CHAPTER 27.1, OFFENSES; MISCELLANEOUS- DRUG PARAPHERNALIA. BE IT ORDAINED BY THE CITY day of December 19 99 in the name of COUNCIL. nF THE CITY 0 F WATERLOO IOWA that Chlpter vi vided with the object concerning its use, said newspaper, and that the annexed rate of advertised is the regular legal rate of said (8) Descriptive materials accompa- nying the object,which explain or depict its use. newspaper,and that the following is a correct bill for publishing said notice. (9) (9) National and local advertising concerning its use. (10) The manner in which the object is displayed for sale. Printer's Bill$ 66.98 (11) Whether the owner or anyone in control of the object,is a legiti- mate supplier of like or related items to the community,such as a licensed distributor or dealer of tobacco products. (12) Direct or circumstantial evi- dence of the ratio of sales of the object to the total sales of the busi- Pc....4,,..,i ness enterprise. (13) The existence and scope of Signed legitimate uses for the object in the community (14). Expetestimony cort its use(Uode 19/ ,sec.Ci-iii). Sec. 27.1-2. Possession and Subscribed and sworn to before me this day of or toery. po 92 It unlawful for any person to use ���jjj ortoaphewith intenttouse �� M� � drug paraphernalia to plant,propa- gate,cultivate,grow,harvest,man- ufacture,compound,convert,pro- duce,process, prepare,test,aria- 'lyze,pack, repack,store,contain, conceal,inject,ingest,inhale or oth- .�a introduce into the human /4,,:_/_ / J / bodyerwr 6604&____ a controlled substance in vio- lation of this article. It is unlawful for any person to deliv- NOtaIy Public er,possess with intent to deliver or manufacture with intent to deliver ‘drug paraphernalia, Knowing,or under circumstances where one reasonably should know,that it will be used to plant,propagate,culti- Received of t vete,grow,harvest,manufacture, compound, convert, produce, process, prepare,test,analyze, • pack, repack,store,contain,con- ceal, inject,ingest,inhale,or other- wise introduce into the human body a controlled substance in violation of this article. the sum of N Sec.27.1-3. Delivery to Minor. Any person 18 years of age or over who violates the preceding section by delivering drug paraphernalia to - a person under 18 years of age Dollars ,; who is at least three years his/her e junior is guilty of a special offense. - Sec.27.1-4. Penalties. in full for publication of the above notice. ' Any person who violates this ordi- nance is guilty of a municipal infraction,and upon conviction shall be subject to a civil penalty of five , hundred dollars($500.00)for the first offense and seven hundred fifty 1 dollars($750.00)for each subse- quent offense, in addition to any alternative relief ordered by the • Court. INTRODUCED: November 22, 1999 PASSED 1ST CONSIDERATION: November 22,1999 PASSED 2ND CONSIDERATION: December 6,1999 PASSED 3RD CONSIDERATION: December 13,1999 PASSED AND ADOPTED by the City Council on the 13th day of December 1999,and approved by the Mayor on the 15th day of December1999. John R.Rooff,Mayor ATTEST: Nancy Eckert,City Clerk.