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Chapter 53 – Drug Paraphernalia

TITLE III   COMMUNITY PROTECTION 

CHAPTER 53

DRUG PARAPHERNALIA

 

3-53-1     Short Title and Citation
3-53-2     Definitions
3-53-3     Sale or Display Prohibited
3-53-4     Penalties and Remedies
3-53-5     Construction
3-53-6     Severability 

SECTION 3-53-1                  SHORT TITLE AND CITATION.  This ordinance shall be known and may be cited as the Paraphernalia Regulations of the City of Belle Plaine.

SECTION 3-53-2                  DEFINITIONS.  The following words and phrases when used in these regulations for the purposes of these regulations shall have the meanings respectively ascribed to them in this section, except where the context clearly indicates a different meaning:

1.)   “Cocaine spoon”: A spoon with a bowl so small that the primary use for which it is reasonably adopted or designed is to hold or administer cocaine, and which is so small as to be unsuited for the typical lawful uses of a spoon. A cocaine spoon may or may not be labeled as a “cocaine” spoon or “coke” spoon.

2.)   “Controlled substance”:  Any drug, substance or immediate precursor enumerated, defined or established pursuant to the provisions of Chapter 204 Code of Iowa, also known as the Uniform Controlled Substances Law.

3.)   “Marijuana or hashish pipe”:  A pipe characterized by a bowl which is so short that the primary use for which  it is reasonably adopted or designed is the smoking of marijuana or hashish, rather than lawful smoking tobacco, and which may or may not be equipped with a screen.

4.)   “Paraphernalia”:  An empty gelatin capsule, hypodermic syringe or needle, cocaine spoon, marijuana pipe, hashish pipe, or any other instrument, implement, or device which is primarily adopted or designed for the administration or use of any controlled substance.

5.)   “Person”:  An individual, corporation, business trust, estate, trust, partnership or association. 

SECTION 3-53-3                  SALE OR DISPLAY PROHIBITED.  It shall be unlawful for any person to sell, offer for sale, display, furnish, supply or give away any empty gelatin capsule, hypodermic syringe or needle, cocaine spoon, marijuana pipe, hashish pipe, or any other instrument, implement or device which is primarily adapted or designed for the administration or use of any controlled substance to any person.

The prohibition contained in this section shall not apply to manufacturers, wholesalers, jobbers, licensed medical technicians, technologists, nurses, hospitals, research teaching institutions, clinical laboratories, medical doctors, osteopathic physicians, dentists, chiropodists, veterinarians, pharmacists or embalmers in the normal lawful course of their respective businesses or professions, nor to common carriers or warehousers or their employees engaged in the lawful transportation of such paraphernalia, nor to public officers or employees while engaged in the performance of their official duties, nor to persons suffering from diabetes, asthma, or any other medical condition requiring self injection, nor shall the prohibition of this section apply to the display of paraphernalia in the home of the owner for purely decorative purposes.

SECTION 3-53-4                  PENALTIES AND REMEDIES.  

1.)   Violation of the provisions of this ordinance shall constitute a simple misdemeanor punishable by a fine not exceeding one hundred dollars ($100.00) or by imprisonment for a period not to exceed thirty (30) days.

2.)   In addition to or in the alternative to the provisions of subsection 1 above, the City Council may institute civil proceedings to obtain injunctive and declaratory relief or such other orders of the court as are reasonable and proper to abate practices, conditions or circumstances found to be contrary to or prohibited by the provisions of this ordinance.

SECITON 3-53-5                  CONSTRUCTION.  This ordinance constitutes remedial legislation and is to be liberally construed to give effect to its purpose.

SECTION 3-53-6                  SEVERABILITY.  It is the legislative intent that should any provisions, section, clause or sentence be held unconstitutional or invalid, such holding shall not be construed as affecting the validity of any of the remaining provisions, sections, clauses or sentences.

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