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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, -2- 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, -3- 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 -4- . effective upon its adoption. // PASSED AND APPROVED this the � 1iiLay of Gc, , 1980 . MAYOR ATTEST: City Clerk -5- • 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.:.„,,., „�� • •add , A 7 y , „,„,__. , t Q �°'0.,,z. \��s PAT CHAMBERLAIN Notary Publio r � ��t".iokn o"•a in and for Wichita County, Texas i