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HomeMy WebLinkAboutOrdinance-1994-0971 - INTRODUCED BY COUNCIL MEMBER EDWARDS Council Bill No. 58 ORDINANCE NO. 971 Series of 1994 ---- TITLE: AN ORDINANCE REGULATING THE POSSESSION OF DRUG INJECTION DEVICES AND POSSESSION, SALE, MANUFACTURE, DELIVERY, OR ADVERTISEMENT OF DRUG PARAPHERNALIA. WHEREAS, the City Council of the City of Wheat Ridge, Colorado, has determined that the unlawful possession of injection devices poses a threat to the health and safety of the citizens of Wheat Ridge; and WHEREAS, the City Council has determined that the possession, manufacture, sale, delivery and advertisement or drug paraphernalia are similarly detrimental to the health and safety of the citizens of Wheat Ridge; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Wheat Ridge Code of Laws, Chapter 16, Article VI, "Injection Devices; Drug Paraphernalia" is added as follows: Sec. 16-132. Possession of injection devices. It shall be unlawful for any person to possess any hypodermic needle, syringe, or similar device which may be adapted or used for injecting drugs or other substances by subcutaneous or intracutaneous injection into the body,unless such possession has been authorized for medical or physical treatment by a licensed medical doctor or osteopathic physicians; provided, however, that the prohibitions contained in this section shall not apply to manufacturers, jobbers, licensed medical technicians, hospitals, nursing homes, technologists, nurses, laboratories, research teaching institutes, medical doctors, osteopathic physicians, dentists, veterinarians or persons who lawfully use injection devices for the sole purpose of providing medical treatment to their pets or livestock, pharmacists, and embalmers selling or using such devices in the legal course of their respective businesses or professions. A violation of this section shall be subject to the penalty provided in Section 16-4 of the Wheat Ridge Municipal Code, together with a surcharge of ten dollars ($10.00) to be paid to the Wheat Ridge Police Department through the court to offset the expense of destruction of drugs, injection devices, and drug paraphernalia, whether or not any of those items was confiscated from the defendant. Sec. 16-133. Drug paraphernalia. (a) "Controlled Substance" shall mean marijuana or marijuana concentrate, as those terms are defined in Section 16-131 - Page 2 (a) of the Wheat Ridge Municipal Code, and cocaine as that term is defined in Section 16-1 of the Wheat Ridge Municipal Code. Further, this term shall include a controlled substance or immediate precursor included in Schedules I through V of Part 2 of Article 18, Title 18, C.R.S., including marijuana, marijuana concentrate, and cocaine. (b) "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 in violation of the Wheat Ridge Municipal Code. "Drug Paraphernalia" includes, but is not limited to: (1) Objects used, intended for use, or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, or marijuana concentrate into the human body, such as: a. Water pipes; b. Carburetion tubes and devices; c. Smoking and carburetion masks; d. 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; e. Miniature coca~ne spoons and cocaine vials; f. Chamber pipes; g. Carburetor pipes; h. Electric pipes; i. Air-driven pipes; j . Chillums; k. Bongs; or l. Ice pipes or chillers. - Page 3 (c) In determining whether an object is drug paraphernalia, the court, in its discretion, may consider, in addition to all other relevant factors, the following: (1) Statements by an owner or by anyone in control of the object concerning its use; (2) The proximity of the object to controlled substances; ( 3 ) The existence of any residue of controlled substances on the object; (4) Direct or circumstantial evidence of the knowledge of an owner, or of anyone in control of the object, or evidence that such person reasonably should know, that it will be delivered to persons whom he knows or reasonably should know, could use the object to facilitate a violation of this section; (5) Instructions, oral or written, provided with the object concerning its use; (6) Descriptive materials accompanying the object which explain or depict its use; (7) National or local advertising concerning its use; (8) The manner ~n which the object is displayed for sale; (9) Whether the owner, or anyone in control of the object, is a supplier of like or related items to the community for legal purposes, such as an authorized distributor or dealer of tobacco products; (10) The existence and scope of legal uses for the object in the community; (11) Expert testimony concerning its use; (d) In the event a case brought pursuant to this section is tried before a jury, the court shall hold an evidentiary hearing on issues raised pursuant to subsection (c), such hearing shall be conducted in camera. Page 4 (e) Possession of druq paraphernalia -- penal tv. A person commits possession of drug paraphernalia if he possesses drug paraphernalia and knows or reasonably should know that the drug paraphernalia could be used under circumstances in violation of the Wheat Ridge Municipal code. A violation of this subsection (e) shall be subject to the penalty provided in Section 16-4 of the Wheat Ridge Municipal Code, together with a surcharge of ten dollars ($10.00) to be paid to the Wheat Ridge Police Department through the court to offset the expense of destruction of drugs, injection devices, or drug paraphernalia, whether or not any of those items was confiscated from the defendant. (f) Manufacture, sale, or deli verv of druq paraphernalia penal tv. It shall be unlawful for any person to sell or deliver, possess with intent to sell or deliver, or manufacture with intent to sell or deliver equipment, products, or materials, knowing, or under circumstances where one reasonably should know, that such equipments, products, or materials could be used as drug paraphernalia. A violation of this subsection (f) shall be subject to the penalty provided in Section 16-4 of the Wheat Ridge Municipal code, together with a surcharge of ten dollars ($10.00) to be paid to the Wheat Ridge Police Department through the court to offset the expense of destruction of drugs, injection devices and drug paraphernalia, whether or not any of those items was confiscated from the defendant. (g) Advertisement of druq paraphernalia -- penal tv. It shall be unlawful for any person to place an advertisement in any newspaper, magazine, handbill, or other publication and who intends thereby to promote the sale in the City of Wheat Ridge of equipment, products, or materials designed and intended for use as drug paraphernalia. A violation of this subsection (g) shall be subject to the penalty provided in Section 16-4 of the Wheat Ridge Municipal Code, together with a surcharge of ten dollars ($10.00) to be paid to the Wheat Ridge Police Department through the court to offset the expense of destruction of drugs, injection devices and drug paraphernalia, whether or not any of those items was confiscated from the defendant. Section 2. addition of alphabetical Section 16-1 of the Wheat Ridge Code a new definition to be placed order to read as follows: is amended by the in corresponding In this chapter, "cocaine" means coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine or their salts have been removed; cocaine, its salts, optical and geometric isomers, and salts of isomers; ecgonine, its derivatives, their salts, isomers, and salts of isomers; or any compound, mixture, or preparation which contains any quantity of any of the substances referred to in this definition. - Page 5 Section 3. Section 16-131 (b) of the Wheat Ridge Municipal Code is hereby amended to read: It shall be unlawful to possess one (1) ounce or less of marijuana, cannabis, or cannabis concentrate, and upon conviction thereof, or plea of guilty or no contest thereto, punishment shall not be by imprisonment, but shall be by a fine of not more than one hundred dollars ($100.00), TOGETHER WITH A SURCHARGE OF TEN DOLLARS ($10.00) TO BE PAID TO THE WHEAT RIDGE POLICE DEPARTMENT THROUGH THE COURT TO OFFSET THE COST OF DESTRUCTION OF DRUGS, INJECTION DEVICES AND DRUG PARAPHERNALIA, WHETHER OR NOT ANY OF THOSE ITEMS WAS CONFISCATED FROM THE DEFENDANT. Section 4. Safetv Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 5. Severabilitv. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person of circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. Section 6. This Ordinance shall take effect one day after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this 25th day of Apri 1 , 1994, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for Monday , June 13 , 1994, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0 ,this 13th day of June 1994. Page 6 Signed by the Mayor on this 14th day of June , 1994. 1st Publication: May 10, 1994 2nd Publication: June 21, 1994 Wheat Ridge Sentinal Effective Date: June 22. 1994 ~M1~ DAN WILDE, MAYOR APPROVED AS TO FORM BY CITY ATTORNEY ~~ KATHRY L. SCHROEDER, CITY ATTORNEY