HomeMy WebLinkAboutOrd. 472 Title 5 Drug ParaphernaliaCITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 472
THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN
AS FOLLOWS:
CHAPTER 10.
DRUG PARAPHERNALIA
SECTION:
5-10-1: Authority
5-10-2: Definitions
5-10-3: Factors To Be Considered In Determining If An Object Is
Drug Paraphernalia.
5-10-4: Possession Of Drug Paraphernalia Prohibited
5-10-5: Manufacture Or Delivery Of Drug Paraphernalia Prohibited
5-10-1 AUTHORITY: Pursuant to authority granted by Minnesota
Statutes, Section 152.205
5-10-2: DEFINITIONS: For the purpose of this section, the following
definition shall apply unless the context clearly indicates or requires a
different meaning.
9Q 0JA C►G
All equipment, products, and materials of any kind which are used,
primarily 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
introduce into the human body a controlled substance in violation
of M.S. Ch. 152, as it may be amended from time to time. Drug
paraphernalia does not include the possession, manufacture,
delivery, or sale of hypodermic needles or syringes. The term drug
paraphernalia includes, but is not limited to:
(1) Diluents and adulterants, such as quinine
hydrochloride, mannitol, mannite, dextrose, and
lactose, used, intended for use, or designed for use in
cutting controlled substances;
(2) 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;
(3) Kits used, intended for use, or designed for use in
planting, propagating, cultivating, growing or harvesting
any species of plant which is a controlled substance or
from which controlled substances can be derived;
(4) Kits used, intended for use, or designed for use in
manufacturing, compounding converting, producing,
processing or preparing controlled substances;
(5) Isomerization devices used, intended for use, or designed
for use in increasing the potency of any species of plant
which is a controlled substance;
(6) Testing equiment used, intended for use, or designed for
use in ident &ing or in analyzing the strength,
effectiveness, or purity of controlled substances;
(7) Scales and balances used, intended for use, or
designed for use in weighing or measuring controlled
substances;
(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 marijuana,
cocaine, hashish, or hashish oil into the human body,
which shall include, but not be limited to the following:
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 commonly referred to as roach clips,
meaning objects used to hold burning materials,
such as a marijuana cigarette, which 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;
I. Bongs;
m. Ice pipes or chillers; and
(12) Ingredients or components to be used or intended or
designed to be used in manufacturing producing,
processing, preparing, testing, or analyzing a controlled
substance, whether or not otherwise lawfully obtained,
including anhydrous ammonia, nonprescription
medications, methamphetamine precursor drugs, or
lawfully dispensed controlled substances.
5-10-3 FACTORS TO BE CONSIDERED IN DETERMINING IF AN
OBJECT IS DRUG PARAPHERNALIA.
In determining whether an object is drug paraphernalia, a court
or other authority shall consider, in addition to all other logically
relevant factors, the following:
(i) 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 and/or drug paraphernalia;
(3) The proximity of the object, in time and space, to a
direct violation of this section;
(4) The proximity of the object to any controlled substance;
(5) The existence of any residue of a controlled substance 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 any
person whom he or she knows, or should reasonably
know, intends to use the object to facilitate a violation of
this section. The innocence of an owner, 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;
(7) Instructions, oral or written, provided with the object
concerning its use;
(a) Descriptive materials accompanying the object which
explain or depict its use;
(9) National and local advertising concerning its use;
(io) The manner in which the object is displayed for sale;
(i i) Direct or circumstantial evidence of the ratio of sales of
the object or objects to the total sales of the business
enterprise;
(12) The existence and scope of any legitimate use for the
object in the community;
(13) Expert testimony concerning its use;
(14) Whether the owner, or any one 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; and
(15) The actual or constructive possession by the owner or 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.
5-10-4 POSSESSION OF DRUG PARAPHERNALIA PROHIBITED. 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,
analyze, pack, repack, store, contain, conceal, inject, ingest,
inhale, or otherwise introduce into the human body a controlled
substance in violation of M.S. Ch. 152, as it may be amended from
time to time. Any violation of this section is a petty misdemeanor.
5-10-5 MANUFACTURE OR DELIVERY OF DRUG PARAPHERNALIA
PROHIBITED. It is unlawful for any person to deliver, possess with
intent to deliver, sell, possess with intent to sell, or manufacture
with intent to deliver or sell, drug paraphernalia, if that person
knows, or under circumstances where one reasonably should
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 M.S. Ch. 152. Any violation of this section is a misdemeanor.
All other Titles, Chapters and Sections of the City Code shall remain as written
and adopted by the Andover City Council.
The Zoning Ordinance will become valid once it is published in the City
designated newspaper.
Adopted by the City Council of the City of Andover this 20th day of June, 2017.
CITY OF ANDOVER
ATTEST: -
i
'Mic delle Hartner, -City Julie Trude, Mayor
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 472 SUMMARY
AN ORDINANCE AMENDING CITY CODE TITLE 5 POLICE REGULATIONS TO INCLUDE
CHAPTER 10 DRUG PARAPHERNALIA
STATUTORY AUTHORIZATION AND POLICY
Statutory Authorization
This ordinance amendment is pursuant to authority granted by Minnesota Statutes, Section 152.205
Policy
The purpose of these regulations is to protect the public health, safety and welfare. The proposed amendment
to City Code Title 5 to include CHAPTER 10 DRUG PARAPHERNALIA. This ordinance identifies
definitions of Drug Paraphernalia, Factors to be considered in determining if an object is drug paraphernalia,
and establishes that possession of drug paraphernalia is prohibited, and manufacture or delivery of drug
paraphernalia is prohibited.
GENERAL PROVISIONS AND DEFINITIONS
Jurisdiction
The provisions of this ordinance shall apply to the City of Andover.
Enforcement
The City Administrator or his/her designee shall have the authority to enforce the provisions of this
ordinance.
Interpretation
Interpretation of the provisions of this ordinance shall be held to be the minimum requirements and shall be
liberally construed in the favor of the governing body.
A printed copy of this ordinance is available for inspection by any person during regular hours of the City
Clerk.
Adopted by the City Council of the City of Andover on this 20th day of June, 2017.
ATTEST: CITY OF ANDOVER
Micl ell4Haer, Deputy City Clerk ie rude, Mayor