The URL can be used to link to this page

Home My WebLink About0161 + 4 ORDINANCE N0. 161 AN ORDINANCE PROHIBITING THE POSSESSION, MANUFACTURING, DELIVERY AND ADVERTISEMENT OF DRUG PARAPHERNALIA THE CITY OF LAKEVILLE DOES ORDAIN: Section 1. The purposes of this ordinance are as follows: A. To protect and promote the public health, safety and general welfare by prohibiting the possession, manufactur- ing, delivery and advertisement of drug paraphernalia. within the City. B. To deter the use of controlled substances by controlling certain paraphernalia associated with their use and manu- facture. C. To reduce the availability of drug paraphernalia in order to prevent their availability from inducing, promoting, suggesting or increasing the public acceptability of con- trolled substances. Section 2. Definitions The term '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 Minnesota Statutes Chapter 152. It includes, but is not limited to: (1) Kits used, intended for use, or designed for use in plant- ing, 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 manu- facturing, compounding, converting, producing, processing, or pre- paring 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 or 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, such as quinine, hydrochloride, mannitol, 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, marihuana; (8) Blenders, bowl, containers, spoons and mixing devices used, intended for use, or designed for use in compounding con- trolled 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 marihuana, cocaine, hashish or hashish oil into the human body, such as: (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) Roach clips: meaning objects used to hold burning material, such as a marihuana 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. Section 3. Evidence. In determining whether an object is Drug para- phernalia, a`court or other authority should consider, in addition to all other logically relevant factors, the following: (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 dir- ect violation of this Act; (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 per- sons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of this Act; the innocence of an owner, or of anyone in control of the object, as to a direct viola- tion of this Act 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 ex- plain or depict its use; -2- (9) National and local advertising concerning its use; (10) The manner in which the object is displayed for sale; (11) Whether the awner, 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(s) to the total sales of the business enterprise; (13) The existence and scope of legitimate uses for the ob- ject in the community; (14) Expert testimony concerning its use. Section 4. Prohibitions. A. 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, anlayze, pack, .repack, store, contain, conceal, in- ject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of Minnesota Statutes Chapter 152. B. 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, in- ject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of Minnesota Statutes Chapter 152. C. It is unlawful for any person to place in any newspaper, magazine, handbill., or other publication any advertisement, know- ing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to pro- mote the sale of objects designed or intended for use as drug para- phernalia. Section 5. Penalties. A. Any person who violates Section 4 of this ordinance is guilty of a misdemeanor and may be punished by a fine not to exceed ~SDD.DD or by imprisonment not to exceed 90 days or both. B. A separate violation occurs each day that a violation hereunder continues. Section 6. Repeal.. Ordinance No. 15a is hereby repealed. Section 7. Severability. Each section, paragraph, sentence, clause, provision and work of this ordinance is intended to be separable and if any such part is held invalid or unconstitutional for any reason by a Court of competent jurisdiction, it is intended that the remainder of this ordinance shall be in full force and effect. -3- Section 8. Effective Date. This ordinance shall take effect immediately after its passage, approval and publication. APPROVED AND ADOPTED this 21st day of April, 1980. CITY OF LAKEVILLE BY• Gor on Le so ayor Attest• ; L,~-4e~ r atric c arvey, ity erc _q_ PUBLIC NOTICE ORDINANCE NO. 161 AN ORDINANCE PROHIEITINO THE POSSESSION, MANUFACTURING, DELIVERY AND ADVERTISEMENT OF DRUG PARAPHERNALM THE CITY OF LAKEVILLE DOES OR- DAIN: Section 1. The purposes of this ordinance are as follows: A. To protect and promote the public health, safety and general welfare by pro- hibiting the possession, manufacturing, delivery and advertisement of drug paraphernalia within the City. B. To deter the use of controlled substances by controlling certain paraphernalia associated with their use and manufacture. C. To reduce the availability of drug paraphernalia in order to prevent their availability from inducing, promoting, suggesting or increasing the public accep- tability of controlled substances. Section 2. Defintions The term `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, manufac- turing, compounding, converting, produc- ing, processing, preparing, testing, analyz- ing, packaging, repackaging, storing, con- taining, concealing, injecting, ingesting, in- haling or otherwise introducing into the human body a controlled substance in viola- tion of Minnesota Statutes Chapter 152. It in- cludes, but is not limited to: (1) Kits used, intended for use, or designed for use in planting, propagating, cultivating, ..v v P.d.. ' Y• 4t...6J', �.... , b• " 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 Minnesota Statutes Chapter 152. B. It is unlawful for any person to deliver, possess with intent to deliver, or manufac- ture with intent to deliver, drug parapher- nalia, 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, con ceal, inject, ingest, inhale, or otherwise in- troduce into the human body a controlled substance in violation of Minnesota Statutes'' Chapter 152. C. It is unlawful for any person to place in any newspaper, magazine, handbill, or other'' publication any advertisement, knowing, or under circumstance where one reasonably should know, that the purpose of the adver- tisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia. Section 5. Penalties. A. Any person who violates Section 4 of this ordinance is guilty of a misdemeanor and may be punished by a fine not to exceed $500.00 or by imprisonment not to exceed 90 days or both. B. A separate violation occurs each day that a violation hereunder continues. Section 6. Repeal. Ordinance No. 158 is hereby repealed. Section 7. Severability. Each section, paragraph, sentence, clause, provision and work of this ordinance is intended to be separable and if any such part is held invalid or unconstitutional for any reason by a Court of competent jurisdic- tion, it is intended that the remainder of this ordinance shall be in full force and effect. Section 8. Effective Date. This ordinance shall take effect im- mediately after its passage, approval and publication. APPROVED AND ADOPTED this 21st day of April, 1980. CITY OF LAKEVILLE BY: GORDON LEKSON Mayor ATTEST: PATRICK McGARVEY City Clerk 154 AFFIDAVIT OF dLICATION STATE OF MINNESOTA ) County of Dakota ) SS JOSEPH R. CLAY and DANIEL H. CLAY, being duly sworn, on oath say they are and during all the times herein stated have been the publishers and printers of the news- paper known as Dakota County Tribune and have full knowledge of the facts herein stated as follows: Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. Said newspaper is a weekly and is distributed at least once each week. Said newspaper has 50 per cent of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publica- tion and is not made up entirely of patents, plate matter and advertisements. Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 per cent of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office. Said newspaper purports to serve the Cities in the County of Dakota and it has its known offices of issue in the Cities of Farmington, Rosemount, Burnsville, Apple Valley, and Lakeville established and open during its regular business hours for the gathering of news, sale of advertise- ments and sale of subscriptions and maintained by the managing officer of said news- paper or persons in it's employ and subject to their direction and control during all such regular bbsiness hours and at which said newspaper is printed. Said newspaper files a copy of each issue immediately with the State Historical Society. Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affi- davit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the news- paper is a legal newspaper. They further state on oath that the printed hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once eeek for on Thursday, the 1_S±__ day of thereafter printed and published on every Thurs ateeks; that it was first so published 19Q_ and was y to and including Thursday the day of 19 - and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby ac- knowledged as being the size and kind of type used in the composition and publication of said notice, to wit; Subscribed and sworn to before me this -_S+ a o IW Ma ✓•�..a..+P+ abcdcfghij klmnopq rsl uc w xyz 19 CAROL J. HAVER ND NOTARY PUBLIC - MINNESOTA DAKOTA COUNTY My Commission Expires Doc 3. I. 0