The city’s Board of Aldermen approved the ordinance at its Dec. 21 meeting prohibiting the delivery, manufacture and advertising of drug paraphernalia and the advertising of imitation controlled substances.
Mayor David Zucker said the city has no stores or businesses that sell drug-related items, but the city’s municipal code did not have provisions to exclude them. City Attorney John Young proposed the ordinance contain language used by other municipalities around the state.
Drug paraphernalia means all the equipment, products, substances and materials used, designed or intended for use in planting, growing, processing, making, injecting and inhaling controlled or imitation controlled substances.
That equipment includes, but is not limited to, testing equipment, kits for growing or making substances, and items such as diluents, blenders, capsules and balloons, hypodermic syringes, water pipes, roach clips for marijuana cigarettes, miniature cocaine spoons, bongs and air-driven pipes.
The ordinance states in determining if items are drug paraphernalia that courts and other authorities should consider statements by owners about an object’s use, prior convictions by owners of items, drug residue on the objects, national or local advertising concerning its use, even the manner in which the object is displayed.
The ordinance also states that it is unlawful for any person to advertise drug paraphernalia in newspapers, handbills, magazines and other publications or distribute advertising in any public place.