Ordinance No. 55

TOWNSHIP OF SPRING ARBOR
AN ORDINANCE TO PROHIBIT THE POSSESSION OF MARIJUANA; TO PROHIBIT THE MANUFACTURE, ADVERTISEMENT, POSSESSION, POSSESSION WITH INTENT TO DELIVER, AND/OR DELIVERY OF DRUG PARAPHERNALIA

At a regular meeting of the Township Board of the Township of Spring Arbor held in the Township Hall on the 13th day of March_____, 2000, at 7: 30 p.m., the following Ordinance was offered by Member Short_____ and supported by Member Fortress.

THE TOWNSHIP OF SPRING ARBOR ORDAINS:

SECTION 1. SHORT TITLE AND CITATION
This Ordinance shall be known and cited as the Spring Arbor Township Drug Paraphernalia Ordinance.

SECTION 2. DEFINITIONS
2.1 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, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, inhaling, or otherwise introducing into the human body a controlled substance in violation of the Public Health Code of the State of Michigan. 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 controlled 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 identifying or in analyzing the strength, effectiveness or purity of controlled substances;
e. Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;
f. Dilutents 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 cleaning or refining, marijuana;
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 containers 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;
1. 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, such as:
i. Metal, wooden, acrylic, glass, stone, plastic or ceramic
pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
ii. Water pipes;
iii. Carburetion tubes and devices;
iv. Smoking and carburetion masks;
v. Roach clips: meaning objects used to hold burning
material such as a marijuana cigarette, that has become too small or too short to be held in the hand;
vi. Miniature cocaine spoons and cocaine vials;
vii. Chamber pipes;
viii. Carburetor pipes;
ix. Electric pipes;
x. Air-driven pipes;
xi. Chillums;
xii. Bongs;
xiii. Ice pipes or chillers;
2.2 In determining whether an object is drug paraphernalia, a court or other
authority should consider, in addition to all1 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 this ordinance;
d. The existence 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 he knows, or should reasonably know, intent to use the object to facilitate a violation of this Ordinance; the innocence of an owner, or of anyone of the object, as to a direct violation of this Act should 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 material 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;
1. 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 OFFENSES
3.1 Possession of Marijuana. No person shall knowingly and intentionally possess marijuana.
3.2 Possession of Drug Paraphernalia. 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 this Ordinance
3.3 Manufacture, Sale, or Delivery of Drug Paraphernalia. It is unlawful for any person to sell, deliver, possess with intent to deliver or sell, or manufacture with intent to deliver or sell, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used 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 this Ordinance.
3.4 Advertisement of Drug Paraphernalia. 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 any objects designed or intended for use as drug paraphernalia.

SECTION 4. EXCEPTIONS
This Ordinance shall not apply to manufacturers, wholesalers, jobbers, licensed medical technicians, technologists, nurses, hospitals, research teaching institutions, clinical laboratories, medical doctors, osteopathic physicians, dentists, chiropodists, veterinarians, law enforcement agencies, pharmacists, and embalmers in the normal legal course of their respective business or profession, nor to persons suffering from diabetes, asthma, or any other medical condition which requires administering prescribed medication.

SECTION 5. CIVIL FORFEITURE
Any drug paraphernalia used, sold, possessed with intent to use, sell or deliver, or manufactured with intent to use, sell or deliver, in violation of this Ordinance, shall be seized and forfeited to the Township of Spring Arbor.

SECTION 6. PENALTY
Any person who shall be convicted of a violation of any provision of this Ordinance shall be deemed guilty of a misdemeanor and shall be punished by a fine not to exceed Five Hundred ($500.00) Dollars, or by imprisonment not to exceed ninety (90) days, or both. Each day a violation continues shall be considered a separate offense and may be punished accordingly.

SECTION 7. SEVERABILITY
If any section, subsection, clause, phrase, or portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court or competent jurisdiction, such portion shall be deemed a separate, distinct and independent portion of this Ordinance, and such holding shall not affect the validity of the remaining portions of this Ordinance.

SECTION 8. PURPOSE OF ORDINANCE
This Ordinance is declared necessary for the preservation of the public peace, health, safety and welfare of the people of the Township of Spring Arbor.

SECTION 9. EFFECTIVE DATE
This Ordinance shall be published in the manner provided by law and shall take effect thirty (30) days after publication.
MEMBERS PRESENT: DeGraaf, DeVries, Melchiori, Fortress, Ganton, Short, Videto
MEMBERS ABSENT: None
AYES: Melchiori, Fortress, Videto, Short, DeGraaf, Ganton, DeVries
NAYS: None
Adopted: March 13, 2000
Effective: April 21. 2000