Ord 3700 7/22/1980 ORDINANCE NO. ....:97?/.e2
AN ORDINANCE PROHIBITING THE USE, POSSESSION
WITH INTENT TO USE, DELIVERY, POSSESSION WITH
INTENT TO DELIVER, MANUFACTURE WITH INTENT TO
DELIVER AND ADVERTISEMENT TO PROMOTE THE SALE
OF, DRUG PARAPHERNALIA, AND PROVIDING FOR
PENALTIES AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. When used in this ordinance, 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, pack-
aging, repackaging, storing, containing, concealing, injecting,
ingesting, inhaling, or otherwise introducing into the human
body a controlled substance in violation of the Controlled
Substances Act of the State of Texas. It includes, but is
not limited to:
A. Kits used, intended for use, or designed for use
in planting, propagating, cultivating, growing
or harvesting of any species of plant which
is a controlled substance or from which a con-
trolled substance can be derived;
B. Kits used, intended for use, or designed for
use in manufacturing, compounding, converting,
producing, processing, or preparing controlled
substances;
C. Isomerization devices used, intended for use.
or designed for use in increasing the potency
of any species of plant which is a controlled
substance;
D. Testing equipment used, intended for use, or
designed for use in indentifying, or in analyz-
ing the strength, effectiveness or purity of
controlled substances;
E. Scales and balances used, intended for use or
designed for use in weighing or measuring con-
trolled substances;
F. Diluents and adulterants, such as quinine
hydrochloride, mannitol, mannite, dextrose and
lactose, used, intended for use, or designed
for use in cutting controlled substances;
G. Separation gins and sifters used, intended
for use, or designed for use in removing
twigs and seeds from, or in otherwise clean-
ing or refining, marihuana;
H. Blenders, bowls, containers, spoons and
mixing devices used, intended for use, or
designed for use in compounding controlled
substances;
I. Capsules, balloons, envelopes and other con-
tainers used, intended for use, or designed
for use in packaging small quantities of
controlled substances;
J. Containers and other objects used, intended
for use or designed for use in storing or
concealing controlled substances;
K. Hypodermic syringes, needles and other objects
used, intended for use, or designed for use
in parenterally injecting controlled substances
into the human body;
L. Objects used, intended for use, or designed
for use in ingesting, inhaling, or otherwise
introducing marihauana, cocaine, hashish, or
hashish oil into the human body, such as:
(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
marihuana cigarette, that has become
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;
(13) Ice pipes or chillers;
SECTION 2. In determining whether an object is drug
paraphernalia, a court or other authority should consider,
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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. 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 the
Controlled Substances Act of Texas;
D. The proximity of the object to controlled
substances;
E. The existence of any residue of controlled
substances on the object;
F. Direct or circumstantial evidence of the
intent of an owner, or of anyone in control of
the object, to deliver it to persons whom he
knows, or should reasonably know, intend to
use the object to facilitate a violation of
the Controlled Substances Act of Texas; the
innocence of an owner, or of anyone in control
of the object, as to a direct violation of
the Controlled Substances Act of Texas shall
not prevent a finding that the object is intended
for use, or designed for use as drug paraphernalia;
G. Instructions, 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. Whether the owner, 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;
L. Direct or circumstantial evidence of the ratio
of sales of the object (s) to the total sales of
the business enterprise;
M. The existence and scope of legitimate uses
for the object in the community;
N. Expert testimony concerning its use.
SECTION 3. 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,
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or otherwise introduce into the human body a controlled
substance in violation of the Controlled Substances Act of
Texas.
SECTION 4. It is unlawful for any person to deliver,
possess with intent to deliver, or manufacture with intent
to deliver, drug paraphernalia, knowing, or under circum-
stances where one reasonably should know, that it will be
used to plant, propagate, cultivate, grow, harvest, manu-
facture, 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 Controlled Substances
Act of Texas.
SECTION 5. It is unlawful for any person to place in
any newspaper, magazine, handbill, or other publication any
advertisement, knowing, or under circumstances where one
reasonably should know, that the purpose of the advertisement,
in whole or in part, is to promote the sale of objects
designed or intended for use as drug paraphernalia.
SECTION 6. Any person who violates this ordinance
is guilty of a crime, and upon conviction shall be fined
not more than $200. Each day any violation of this ordinance
continues shall constitute a separate offense.
SECTION 7 . If any provision of this ordinance or the
application thereof to any person or circumstance is held
invalid, the invalidity does not affect other provisions or
applications of the ordinance which can be given effect
without the invalid provision or application, and to this
end the provisions of this ordinance are severable.
SECTION 8 . The fact that the use, possession, manufacture,
delivery and advertisement of drug paraphernalia creates a
serious threat to the life, health and safety of the citizens
of Wichita Falls creates an emergency, and this ordinance is
declared to be an emergency measure, and it shall become
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.
effective upon its adoption. //
PASSED AND APPROVED this the � 1iiLay of Gc, , 1980 .
MAYOR
ATTEST:
City Clerk
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• Affidavit davit of Publication (/
THE STATE OF TEXAS
COUNTY OF WICHITA
( ORDINANCE NO. 3700 re)
A N O R D I N N C E
PROHIBITING THE USE,
POSSESSION WITH INTENT On this . 20th day of August
TO USE, DELIVERY,
POSSESSION WITH INTENT 1980
T 0 D E L I V E R , A.D. . personally appeared before me, the undersigned authority
MANUFACTURE WITH
INTENT TO DELIVER AND
ADVERTISEMENT TO Myra Gho I son , bookkeeper
PROMOTE THE SALE OF,
DRUG PARAPHERNALIA,
AND PROVIDING FOR
P E N A L T I E S A N D for the Times Publishing Company of Wichita. Falls, publishers of the
D E C L A R I N G A N
EMERGENCY.
Anyone violating this ordinance Wichita Falls Record News, a newspaper published at Wichita Falls in
will be subject to a fine not to
exceed$200.00. Wichita County, Texas, and upon being duly sworn by me, on oath states
that the attached.advertisement is a true and correct copy of advertising
published in_.One ( 1) issues thereof on the following
dates:
August 20 , 1980
Bookkeeper for Times Publishing Company
,,/�4"`�a of Wichita Falls
•���1« PVate�l
,y'<,'` .N.(c f, Subscribed and sworn to before me this the day and year first above
r �° 1, (SEAL) written.:.„,,.,
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Q �°'0.,,z. \��s PAT CHAMBERLAIN Notary Publio
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��t".iokn o"•a in and for Wichita County, Texas
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