HomeMy WebLinkAbout1983.01.17 ORD 1983-189 ORDINANCE NO. 189
AN ORDINANCE REGULATING THE POSSESSION, MANUFACTURE, DELIVERY,
OR ADVERTISING OF DRUG PARAPHERNALIA, PRESCRIBING PENALTIES
AND PROVIDING FOR FORFEITURE.
The City Council of the City of Hugo, Minnesota, does
ordain:
SECTION 1 . The following Chapter 84 is hereby adopted :
CHAPTER 84
DRUG PARAPHERNALIA
84-1 Drug Paraphernalia
Subd. 1 . Definitions.
A. DRUG PARAPHERNALIA. "Drug paraphernalia" means all
equipment, products, and materials of any kind which are
knowingly or intentionally used primarily in (1) manufacturing
a controlled substance, (2) injecting, ingesting, inhaling,
or otherwise introducing into the human body a controlled
substance, (3) testing the strength, effectiveness, or purity
of a controlled substance , or (4) enhancing the effect of
a controlled substance in violation of Minnesota Statutes,
Chapter 152. The term includes, but is not limited to :
a. Dilutents and adulterants, such as quinine
hydrochloride, mannitol, mannite, dextrose, and lactose,
used, intended for use, or designed for use in cutting
controlled substances;
b. Separation gins and sifters used, intended for
use, or designed for use in removingtwigs and seeds from,
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or in otherwise cleaning or refining, marijuana;
c . Hypodermic syringes, needles, and other objects
used, intended for use, and designed for use in parenterally
injecting controlled substances into the human body; and
d. Objects used, intended for use, or designed for
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use in ingesting, inhaling, or otherwise introducing
marijuana, cocaine, hashish, or hashish oil into the human
body, which shall include, but not be limited to the following :
1. Metal, wooden, acrylic, glass, stone, plastic,
or ceramic pipes with or without screens , permanent
screens, hashish heads , or punctured metal bowls;
2. Water pipes;
3 . Carburetion tubes and devices;
4 . Smoking and carburetion masks;
5. Roach clips, meaning objects used to hold
burning material, such as a marijuana cigarette,
which becomes too small or too short to be held in
the hand;
6. Miniature cocaine spoons, and cocaine vials;
7 . Chamber pipes;
8. Carburetor pipes;
9. Electric pipes;
10. Air-driven pipes;
11. Chillums;
12. Bongs; and
13. Ice pipes or chillers.
B. INTENT INTENDED. The terms "intent" or "intended" refer
to the intent of the person to be charged with a violation
of this Ordinance.
84-2 FACTORS TO BE CONSIDERED IN DETERMINING IF OBJECT
IS DRUG PARAPHERNALIA.
In determining whether an object is drug paraphernalia
a court or other authority shall consider, in addtion to all
other logically relevant factors, the following:
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 act;
D. The proximity of the object to any controlled
substance;
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. Y
E. The existence of any residue of a controlled
substance on the object;
F. Direct or circumstantial evidence of the intent of
and owner, or of anyone in control of the object, to deliver
it to any person whom he or she knows intends to use the
object to facilitate a violation of this act. The innocence
of any owners, or of anyone in control of the object, as to a
direct violation of this act shall not prevent a finding
that the object is intended for use, or designed for use as
drug paraphernalia;
G. Instruction, oral or written, provided with the
object concerning its use;
H. Descriptive materials accompanying the object
which explain or depict its use;
I. National and local advertising concerning its
use;
J. The manner in which the object is displayed for
sale;
K. Direct or circumstantial evidence of the ratio
of the sales of the object or objects to the total sales of
the business enterprise;
L. The existence and scope of any legitimate use
for the object in the community; and
M. Expert testimony concerning its use.
84-3 POSSESSION OF DRUG PARAPHERNALIA PROHIBITED.
It is unlawful for any person knowingly or intentionally
to use or to possess drug paraphernalia. Any violation of this
section is a petty misdemeanor.
84-4 MANUFACTURE OR DELIVERY OF DRUG PARAPHERNALIA PROHIBITED.
It is unlawful for any person knowingly or intentionally
to possess or manufacture drug paraphernalia for delivery.
Any violation of this section is a misdemeanor.
84-5 ADVERTISING OF DRUG PARAPHERNALIA PROHIBITED.
It is unlawful for any person knowingly or intentionally
to place in any newspaper, magazine, handbill, or other
publication any advertisement or promotion for the sale
of drug paraphernalia. A violation of this section is a
misdemeanor.
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84-6 SEIZURE AND FORFEITURE
Drug paraphernalia is subject to seizure, and upon
conviction of violation of any provision of this Chapter,
shall be forfeit and destroyed, or disposed of in a manner
prescribed in Minnesota Statutes, Chapter 152, or other
applicable State or Federal regulations that may be
applicable.
SECTION 2. This Ordinance shall become effective upon its
adoption and publication according to Law.
SECTION 3. Upon becoming effective the Hugo City code shall
be amended to incorporate this Ordinance.
Passed and adopted by the City Council of the City of Hugo,
Minnesota, this 17th day of January , 1983 .
nu ,9 f�
(SEAL) ' 2.7 `v
Mayor
ATTEST:
G'
City G erk /
/// 0
Published in the Forest Lake Times the % day of I � ,
1983.
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• City g of Hugo I
ORDINANCE NO.189 STATE OF MINNESOTA
AN ORDINANCE REGULATING THE SS
POSSESSION, MANUFACTURE, COUNTY OF Washington
DELIVERY, OR ADVERTISING OF
DRUG PARAPHERNALIA,
PRESCRIBING PENALTIES AND Duane A.Rasmussen,being duly sworn,on oath says he is and during all the times herein stated has been the publisher
PROVIDING FOR FORFEITURE. and printer of the newspaper known as the Forest Lake Times and has full knowledge of the facts herein stated as follows
The City Council of the City of Hugo,
Minnesota,does ordain: Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed
SECTION 1.The following Chapter 84 space to at least 900 squre inches Said newspaper is a weekly and is distributed at least once each week.Said newspaper
is hereby adopted: has 50%of its news columns devoted to news of local interest to the community which it purports to serve and does nut
CHAPTER 84 wholly duplicate any other publication and is not made up entirely of patents,plate matter and advertisements Said news•
Drug ParPARAPHERNALIArnalia is circulated in and near the municipality which it purports to serve,has at least 500 copies regularly delivered to
84-1 Drug Paraphernalia paper D Y P P P g Y
Subd.1.Definitions. paying subscribers,has an average of at least 75%of its total circulation currently paid or no more than three months in
A.DRUG PARAPHERNALIA."Drug arrears and has entry as second-class matter in its local post-office Said newspaper purports to serve the City of Forest
paraphernalia" means all equipment, Lake in the County of Washington and it has its known office of issue in the City of Forest Lake in said county,established
products, and materials of any kind and open during its regular business hours for the gathering of news,sale of advertisements and sale of subscriptions and
which are knowingly or intentionally us- maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control dur
ed primarily in(1)manufacturing a con- ing all such regular business hours and at which said newspaper is printed. Said newspaper tiles a copy of each issue im
trolled substance, (2) injecting, in- mediately with the State Historical Society.Said newspaper is made available at single or subscription prices to any per
gesting,inhaling,or otherwise introduc- son,corporation,partnership or other unincorporated association requesting the newspaper and making the applicable
ing into the human body a controlled payment.Said newspaper has complied with all the foregoing conditions for at least one year preceding the day or dates of
substance,ctives (o testing the strength, ef-
d publication mentioned below.Said newspaper has filed with the Secretary of State of Minnesota prior to January I,1966
• fubstan e, or purity ioa the ted
substance,or(4)enhancing effect of and each January I thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing or-
a controlled substance in violation of fiver of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper
i Minnesota Statutes, Chapter 152. The
term includes,but is not limited to:
a.Dilutents and adulterants,such as He further states on oath that the printed PIIRT,TC NOrpTCF. hereto attached
guinine hydrochloride, mannitol, man-
nite,dextrose,and lactose,used,intend-
ed for use,or designed for use in cutting as•part hereof was cut from the columns of said newspaper, and was printed and published therein in the English
controlled substances;
b.Separation gins and sifters used,in- ONE
tended for use, or designed for use in lanuage,once each week, forsuccessive weeks, that it was first so published on Thursday.
removing twigs'and seeds from, or in th
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otherwise cleaning or refining, the £-7 day of .Tanuary 1s `G3 and was thereafter printed and published on every
marijuana;
c.Hypodermic syringes,needles,and 52
other objects used,intended for use,and Thursday to and including the ?7th day of January to 83
designed for use in parenterally injec-
ting controlled substances into the
human body;and and that the following is a printed copy of the lower case alphabet from A to Z.both inclusive,and is hereby acknowledged
d.Objects used, intended for use, or as being the size and kind of type used in the composition and publication of said notice,to wit
designed for use in ingesting,inhaling,
or otherwise introducing marijuana,co- 6-point News Type--abcdefghiiklmnopgrstuvwsyz
caine, hashish, or hashish oil into the
human body,which shall include,but not 8-point News type--abcdefghijklmnopgrstuvwxyz
be limited to the following:
1.Metal,wooden,acrylic,glass,stone, /� /}
plastic,or ceramic pipes with or without _.µ�..r�,a.1,��---'
screens, permanent screens, hashish
heads,or punctured metal bowls; p
2.Water pipes; Subscrib and - oro to before me this 27thday nil
�' Jan Iq 83
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4.Smoking and carburetion masks; .
5.Roach clips, meaning objects used L *A�
to hold ciggburning tmaterial,such osa too w (�. KEN H JARVIS C
naps cigarette, which becomes too
small or too short to be held in the hand; i�` , NOTARY P L I -M I A
6.Miniature cocaine spoons, and co-
caine vials; 'tr pry.Minne,"la
7.Chamber pipes; glitz t I
8.Carburetor pipes; t NOTORIAL SEAL i nission Expires Sent 18`_
9.Electric pipes; _4----
• 10.Air-driven pipes;
11.Chillums;
12.Bongs;and
13.Ice pipes or chillers.
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