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14 Drug Distrubution Regulation TOWN OF TRUCKEE California ORDINANCE NO. 94-14 AN ORDINANCE OF THE TOWN OF TRUCKEE ADDING CHAPTER 9.09 TO TITLE 9 OF THE TRUCKEE MUNICIPAL CODE REGARDING DISTRIBUTION AND DISPLAY OF DRUG PARAPHERNALIA The Town Council of the Town of Truckee Does Ordain as Follows: Section 1. Enactment. Chapter 9.09 (Distribution and Display of Drug Paraphernalia) of the Truckee Municipal Code is hereby added to Title 9 (Safety & Conduct) thereto as designated in Exhibit "A" attached hereto and incorporated herein by reference. Section 2. Summary Publication and Posting. Within thirty (30) days after final adoption of this Ordinance, the Town Clerk shall have a summary of the ordinance prepared by the Town Attorney and published as required. Within fifteen (15) days after final adoption of this Ordinance, the Town Clerk shall have it posted in the three (3) public places designated by Resolution of the Council. Town of Truckee Ordinance Page 2 The foregoing Ordinance was introduced at a regular meeting of the Town Council of the Town of Truckee, held on the 4th day of August, 1994, by Council Member Carpenter, who moved its introduction, which motion was seconded by Council Member Cross, was upon roll call carried by the following vote: AYES: Council Members Aguera, Carpenter, Cross & Mayor Eagan NOES: None ABSENT: Council Member Botto Kathleen Eagan, Mayor Attest:.~ (~~ Tow The foregoing Ordinance, having been introduced on the 4th day of August, 1994, coming for final consideration by Council Member Aguera who moved its adoption the 18th day of August, 1994, which motion was duly seconded by Council Member Carpenter, was upon roll call carded by the following vote: AYES: Council Members Aguera, Carpenter, Cross & Mayor Eagan NOES: None ABSENT: Council Member Botto Kathleen Eagan, Mayor AT-I'EST: Stephen L.-~ght,'~wn~.~erl~ Town of Truckee Ordinance Page 3 Chapter 9.09 DISTRIBUTION AND DISPLAY OF DRUG PARAPHERNALIA 9,09.010 l)efinitions. As used in this Chapter, the following terms shah be ascribed the following meanings: (a) "Business" means a fixed location, whether indoors or outdoors, at which merchandise is offered for sale at retail. (b) "Display" means to show a patron or place in a manner so as to be available for viewing or inspection by a patron. (c) "Patron" means a person who enters a business for the purpose of purchasing or viewing as a shopper, merchandise offered for sale at the business. (d) "Distribute" means to transfer ownership or a possessory interest to another, whether for consideration or as a gratuity. "Distribute" includes both sales and gifts. (e) "Controlled Substance" means those controlled substances set forth in Sections 11054, 11055, 11056, 11057, and 11058 of the California Health and Safety Code, identified as Schedules I through V, inclusive, as said sections now exist or may hereafter be amended. (0 "Drug Paraphernalia" means aH equipment, products, and materials of any kind which are intended by a person charged with a violation of this Chapter for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repacking, destroying, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of any law of the State of California. "Drug Paraphernalia" includes, but is not limited to, all of the following: (1) Kits intended for use in planting, propagating, cultivating, growing or harvesting or any species of plant which is a controlled substance or from which a controlled substance can be derived; (2) Kits intended for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances; O) Isomerization devices intended for use in increasing the potency of any species of plant which is a controlled substance; Town of Truckee Ordinance Page 4 (4) (5) (6) (7) (8) (9) (10) Testing equipment intended for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances; Scales and balances intended for use in weighing or measuring controlled substances; Dilutants and adulterants, such as quinine, hydrochloride, mannitol, mannite, dextrose and lactose, intended for use in cutting controlled substances; Separation gins and sifters intended for use in removing twigs and seeds from, or in otherwise cleaning or refining marijuana; Blenders, bowls, containers, spoons and mixing devices intended for use in compounding controlled substances; Containers and other objects intended for use in storing or concealing controlled substances; and Objects intended for use in injecting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body such as: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls; Water pipes; Carburetion tubes and devices; Smoking and carburetion masks; Roach clips, meaning objects used to hold burning material such as a marijuana cigarette that has become too small or too short to be held in the hand; Minature cocaine spoons, and cocaine vials; Chamber pipes; Carburetor pipes; Air driven pipes; Bongs. Town of Truckee Ordinance Page 5 9.09.020 Determination of Evidence. In determining whether an object is "Drug Paraphernalia", a court or other authority may consider, in addition 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) The proximity of the object to controlled substances; (c) The existence of any residue of controlled substances; (d) The existence of any residue or controlled substances on the object; (e) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver to persons whom he knows intends to use the object to facilitate a violation of the laws of the State of California relating to controlled substances; (f) Instructions, oral or written, provided with the object concerning it's use; (g) Descriptive materials accompanying the object which explain or depict its use; (h) National and local advertising concerning its use; (i) The manner in which the object is displayed for sale; (j) Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise; (k) The existence and scope of legitimate uses for the object in the community; and (1) Expert testimony concerning its use. 9.09.030 l)isplay of Drug Paraphernalia. (a) Except as authorized by law, it shall be a misdemeanor for any person to willfully maintain or operate any business knowing, or under circumstances where one reasonably should know, that drug paraphernalia is displayed at such business. (b) Except as authorized by law, it shall be a misdemeanor for any person who is the owner of a business, or an employee thereof, or one who Town of Truckee Ordinance Page 6 works at such business as an agent of the owner, to willfully display drug paraphernalia at such a business. 9.09.040 Distribution of Drug Paraphernalia. Except as authorized by law, it shall be a misdemeanor for any person to willfully distribute to another person 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, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of the law of the State of California.