HomeMy WebLinkAbout2432-13 - ADMIN Ordinance - City Council - 2013/03/04ORDINANCE NO. 2432-13
AN ORDINANCE AMENDING CHAPTER 18 OF
THE ST. LOUIS PARK CODE OF ORDINANCES
CONCERNING DRUG PARAPHERNALIA
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
SECTION 1. Chapter 18 of the Code of Ordinance is amended to add the following
Section:
See. 18-94. Definitions.
(a) Drug paraphernalia. Except as otherwise provided in subsection (b) of this
definition, "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,
enhancing, 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 Minnesota Statutes Chapter 152. The term "paraphernalia" includes,
without limitation:
(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) Diluents and adulterants, including quinine hydrochloride, mannitol, 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, grinders, and mixing devices used,
intended for use, or designed for use in compounding, manufacturing, producing,
processing, or preparing 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 or products or materials used or
intended for use in manufacturing, producing, processing, or preparing controlled
substances.
(11) 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:
Ordinance No. 2432-13 -2-
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
(b) Exceptions. Drug paraphernalia shall not include:
(1) Those items used in conjunction with permitted uses of controlled substances
under the Uniform Controlled Substances Act;
(2) Those items used by law enforcement officials as it relates to the seizure or
forfeiture of drug paraphernalia in connection with a crime or offense;
(3) Those items used by federal, state or local law enforcement officials for
educational purposes;
(4) The possession, manufacture, delivery or sale of hypodermic needles or
syringes in accordance with Minn. Stat. § 151.40 or as it may be amended.
(c) Other terms. Other terms are defined as specified in Minnesota Statutes § 152.01
and any amendment thereto.
Sec. 18-95. Drug paraphernalia evidence. 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 or federal law relating to any controlled substance.
(c) The proximity of the object, in time and space, to a direct violation of this section.
(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
Ordinance No. 2432-13 -3-
the object to facilitate a violation of this section. The innocence of an owner, or of
any person in control of the object, as to a direct violation of this section 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.
0) 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.
(1) Direct or circumstantial evidence of the ratio 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.
(o) 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.
Sec. 18-96. Prohibited acts.
(a) Use or possession prohibited. It is unlawful for any person knowingly or
intentionally to use or to possess drug paraphernalia. Any violation of this
subsection is a petty misdemeanor.
(b) Delivery or manufacturing prohibited. A person may not deliver, possess with
intent to deliver, or manufacture with intent to deliver, drug paraphernalia, if that
person knows or should reasonably know that the drug paraphernalia will be
used to plant, propagate, cultivate, grow, harvest, manufacture, compound,
enhance, 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 Minnesota Statutes, Chapter 152, as
amended, or any other State or Federal law, rule, or regulation governing the
manufacture, delivery, sale, advertisement, possession, and/or use of controlled
substances. Any violation of this subsection is a misdemeanor.
(c) Delivery or sale to minors prohibited. Any person 18 years of age or over who
violates Sec. 18-210(b) by selling or delivering drug paraphernalia and said sale
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or delivery is to a person who is under 18 year of age and at least 3 years his or
her junior shall also be violating this paragraph as well as Sec. 18-210(b). Any
violation of this subsection is a misdemeanor.
(d) Advertisement prohibited. It is unlawful for any person to place in any
newspaper, magazine, handbill or other publication any advertisement knowing,
or under circumstances where one reasonably should know, that the purpose of
the advertisement, in whole or in part, is to promote the sale of objects designed
or intended for use as drug paraphernalia. Any violation of this subsection is a
misdemeanor.
Sec. 18-97. Civil Forfeiture. All drug paraphernalia as defined in this article are subject to
forfeiture, subject to the provisions set forth in Minnesota Statutes.
Sec. 18-98. Severability. If any provision of this article or the application thereof to any person
or circumstances is held invalid, the invalidity does not affect other provisions or application of
this article which can be given effect without the invalid provision or application, and to this end,
the provisions of this article are severable.
SECTION 2. Section 8-373(2) is amended to read as follows:
The applicant has been convicted of any violation of a federal, state or local law,
ordinance or other regulation relating to tobacco, tobacco products, tobacco related
devices or drug paraphernalia.
SECTION 3. This ordinance shall be deemed adopted and take effect fifteen days after
its publication.
Attest:
February 19 , 2013
March 4, 2013
March 14, 2013
s effect March 29, 2013
Council March 4, 2013
as to Form
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
SS.
COUNTY OF HENNEPIN
Richard Hendrickson, being duly sworn on
an oath, states or affirms that he is the Chief
Financial Officer of the newspaper(s) known
as
Si. Louis Park Sun -Sailor
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provid-
ed by Minn. Stat. §331A.02, §331A.07,
and other applicable laws as amended.
(13) The printed public notice that is at-
tached was published In said newspa-
per(s) once each week, for one suc-
cessive week(s); It was first published on
Thursday, the 14 _ day of
March , 2013, and was there-
after printed and published on every
Thursday to and Including Thursday, the
_ day of 2013;
and printed below is a copy of the lower
case alphabet from A to Z, both inclu-
sive, which is hereby acknowledged as
being the size and kind of type used in
the composition and publication of the
notice:
abcdefghijklmnopgrstuvwxyz
City of St. Louis Park
(Official Publication)
SUMMARY
ORDINANCE N0.2432-13
AN ORDINANCE AMENDING
CHAPTER 18 OF
THE ST. LOUIs PARK CODE OF
ORDINANCES
CONCERNING DRUG
PARAPHERNALIA
This ordinance amendment prohibits
the display and sale of drug parapher-
nalia, Including equipment to grow or
consume Illegal drugs. This ordinance
shall take effect 15 days after publica-
tion.
Adopted by the City Council March 4,
2013
Jeffrey W. Jacobs /a/
Mayor
A copy of the full text of this ordinance
is available for Inspection with the City
Clark-
Published
lerkPublished In St. Louis Park Sailor:
March 14, 2013
(Mar. 14, 2013) A3-Ord2432-13
BY:
CFO
Subscribed and sworn to or affirmed
before me on this 14 day of
March , 2013.
Notary Public
L-W
JULIA I. HELKENNNOTARY PUBLIC -MINNESOTA
My COMM. Exp. Jan. 31, 2015
RECEIVED
MAR 19 2013
OF THE CITY