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Home My WebLink About1994 Ordinance No. 018ORDINANCE NO. Jj_ SERIES OF 1994 BY AUTHORITY COUNCIL BILL NO. 20 INTRODUCED BY COUNCIL MEMBER BURNS AN ORDINANCE AMENDING TITLE 7, CHAPl'ER 6D, SECl'ION 12, BY ADDING A NEW SECTION 12.5, ENTITLED DRUG PARAPHERNALIA TO THE ENGLEWOOD MUNICIPAL CODE 1985. WHEREAS, the Englewood City Council hereby fimh and declares that the pouession, aale, manufacture, delivery, or advertiaement of drug paraphernalia rem its in the legitimization and encouragement of the illegal uae of controlled substance, by malting the drug culture more visible; and WHEREAS, the ready availability of drug paraphernalia tend ■ to promote, 1ugge1t, or inc=• the public acceptability of the illegal me of controlled aubstances; and WHEREAS, the City of Englewood deairea to protact and promote the public peace, health, safety and welfare by prohibiting the possession, sale, manufacture, and delivery, or advertisement, of drug paraphernalia ; and V.'HEREAS, the City of Englewood'• goal is to deter the use of controlled substances by controlling the drug paraphernalia associated with their use; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: ~-The City Council of the City of Englewood, Colorado hereby amends Title 7, Chapter 6D, by creating and enacting a new Section 12.5, entitled DRUG PARAPHERNALIA to the Englewood Municipal Code 1e85, which shall read aa follows : 7-6D-12.5: DRUG PARAPHERNALIA: A. DRUG PARAPHERNALIA· DEFINITIONS. Al used in this Section, unless the context otherwise requires : 1. Drug paraphernalia means all equipment, products, and materials of any kind which are u sed, intended for uae, or designed for use in planting, propagating. cultivating, growing, harvesting, manufacturing, compounding, converting, producing, proceasing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of the laws of this state. Drug paraphernalia includes, but. is not limited to: a . Testing equipment used, intended for uae, or designed for use in identifying or in analyzing the strength, effectiveness, or purity of controlled substances under circumstances in violation of the laws of this state; b . Scales and balances uaed, intended for uae, or designed for use in weighing or measuring controlled substances; -1 - c . Separation gins and sifters used, intended for uae, or deeigned for use in removing twig, and aeed1 from or in otherwi1e cleaning or refining marijuana; d . Blenden, bowl ■, containen, 1poon1, and m.ixine device ■ uaed , intetlded for uae, or deaic,,ed for uae in compounding controlled 1ub1tancea; e . Capsules, balloons, envelopes , and other container■ used, intended for uae, or design,d for uae in packaging small quantities of controlled 1ubatancaa; f. Containers and other objects used, intended for uie, or de1igned for use in storing or concealing controlled substances; OT' g. Objects used, intended for use, or de1igned for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or huhi1h oil into the human body, such as : I. Metal, wooden, aaylic, clua, atone, plastic, or ceramic pipes with or without screens, pennanent screens, hashish heads, or punctured metal bowls; II. Water pipes; Ill. Carburelion tubes and devices; IV . Smoking and earburetion masks; V . Roach clips, meaning objects used to hold burning material , such as a marijuana cigarette that has become too 1mall or too short to be held in the hand; IV . Miniature cocaine spoons and cocaine vil\l1; VII. Chamber pipes; VIII . Carburetor pipes; IX. Electric Pipes; X. Air-driven pipea; XI. Chillums; XII. Bongs; or XIII . Ice pipes or chillers. -2- B. DRUG PARAPHEllNALIA • DBTBIUONA'l1ON • CONSIDERA'l1ON8. I. In determining whether an olveet ii dNI paraphernalia, a eourl, in ita diecret.ion, may con1ider, in addition to all other ralovant fact.on, the following : a . Statements by an owner or by anyone in control of the object concerning its uae ; ,b . The proximity of the object to controlled 1ubatance1; ~. The eriotence of any re1idue of controlled 1ut,1tance1 on the object; d . Di;eet or circumstantial evidence of the knowledge of an owner, or of anyone in control o( tho object, or evidence that 1111ch per10n ree10nably should know, that it will be delivered to penon ■ who he lmow1 or ree10nably 1hould know , could use the object to facilitate a violation of Section 7-6D -12.5; e. In structions , oral or written , provided with the ob~-ct concerning its u1e ; f. Descri ptive materials accompanying the object which ••plain or depict its use; g. National or local advertising concerning its use ; h. The manner in which the object i1 displayed for ■ale; i . Whether the owner, or anyone in control o( the object, ia a supplier of like or n,lated item1 to the commwiit;y for leeal pwpo111, 1uch u an authoraed distributor or deeler of tobacco product■; j . The existence and ecope of legel u111 for the object in the commwiity; k . EJ<J)ert testimony concerning its use. C. POSSESSION OF RUG PARAPHERNALIA A person commits possession of drug paraphernalia if he possesses drug paraphernalia and know■ or rea10nably should know that the drug paraphernalia could be used under circumatancea in violation of this Code . D . MANUFACTURE, SALE OR DELIVERY OF DRUG PARAPHERNALIA . PENAL TY. Any person who sell s or delivers, possesaea with intent to ■ell or deliver, or manufactures with in te nt to sell or deliver equipment, products, or materials knowing, or under circumstances where one reasonably 1hould kn ow, that such equipment, products or materials could be used as drug paraphernalia commits a violation of Section 7-6D -12.5. -3- E . ADVERTISEMENT OP DRUG PARAl'IIERNALIA . PENALTY. Any peraon who place s an advertiaement in any newapaper, mqu:ine, handbill, or other ,.ublication and w1,o int.end, thereby to promote the ule in thi1 City of equipment, product•, or material, d ... lgned and int.ended for UN u drua paraphernalia commitl a violation of thi1 Code. F. DEFENSES. The cc-m·i,on law defenM known u the proeuring agont defen M ia not a defense to any trim• in this aectioo. Introduced, read in full, amended and paned on tint reading on the 2nd day of May, 1994 . Publi sh ed es a Bm for ,n Ordinance on the 5th day of May , 1994 . &ad by title and pua,d on flnal reading on the 16th day of May , 1994. ~tfrtl Loucrishia A. Elli s, City Clerk 1, Lou crislria A. Ellis, Cily Clerk of the City of Englewood, Colorado, hereby certify that the above an d foregoing is a true r.opy_.J>f the Ordinance paned on final reading and pu blished by titl e as Ordinance No. J{l., Serieo r,f 1994. ~~tf.~ Loucrish ia A Elli s .4 .