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1982-23rBi11 1982-23 AMENDMENT TO CHAPTER X, PART III OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD CITY OF RICHFIELD DOES ORDAIN: Chapter X, Part III of the Ordinance Cade prohibiting certain types of conduct as misdemeanors is hereby amended by adding the following new section: "10.26 MISDEP~IEANORS - DRUG PARAPHERNALIA. Subd. 1. Definitions. The following words and terms when ,used in this section shall have the following meanings unless the contest clearly indicates otherwise: (1) Drug paraphernalia means all equip- ment, products and materials of any land which are used, intended for use, or designed for use in planting, propagating, cultivat- ing, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body, a controlled substance in violation of state statute or this code. The definition includes, but is not limited to: (A) kits used, intended for use, or de- signed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant which is a controlled sub- stance or from which a controlled substance can be derived; (B) kits used, intended for use, or designed for use in manufacturing, compound- ing, converting, producing, processing, or preparing controlled substances; (C) isomerization devices used, intend- ed 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) diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose, used, intended for __ _ use,_or designedfor use in cutting control- - -led substances; (G) separation gins and sifters used, ,~~_~ - ~-Yntended for°use;=-~or-designed-for•~txse~-n -~~~-~--_._ _..- removing twigs and seeds from, or in other- wise 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 pareraterally injected controlled substances into the human body; (L) objects used, intended for use, or designed for use in ingesting, inhaling, ar otherwise introducing marijuana, 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 marijuana cigarette which has become too small or too short to be held in the hand; (6) miniature cocaine spoons and cocaine vials; t7) ($) (9) (10) -:- (12~ chamber pipes; carburetor pipes; electric pipes; air-driven pipes; chillums; - -"~,~ bongs; . - - -- (13) ice pipes or chillers. Subd. 2. Evidence. In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following: (l) Statements by an owner or by anyone in control of the object concerning its use; (2) prior convictions, if any, of an owner or anyone in control of the object under state or federal law relating to any controlled substance; (3) the proximity of the object, in time and space, to a direct violation of the controlled substance laws; (4) the proximity of the object to con- trolled substances; {5} the existence of any residue of controlled substances on the object; (6) direct or circumstantial evidence of the intent of an owner or anyone in control of the object to deliver it to persons who the owner or person in control knows, or should reasonably know, intend to use the object to facilitate a violation of this section or of the controlled substance laws. The innocence of an owner or anyone in control of the object as to a direct violation of the controlled substance laws should not prevent a finding that the object is intended for use or designed for use as drug paraphernalia; (.7) instructions, oral or written, pro- vided with the object concerning its use; (8) descriptive materials accompanying the object which explain or depict its use; (9) national and local advertising con- cerning its use; (10) the manner in which the object is displayed for sale; (11) 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; (12) direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise; (13) the existence and scope of legit- imate uses for the object in the community; (14) expert testimony concerning its use. Subd. 3. Offenses. (1) Possession. It is a misdemeanor for any person to use, or possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, com- pound, 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 or state law. (2) Manufacture or Delivery. It is a misdemeanor for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia knowing or under circumstances 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 this ordinance or state law. {{3) Advertisement. It is a misdemanor 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 n L_J purpose of the advertisement, in whole or in part, is designed on intended for use as drug paraphernalia. Subd."4. Civil Forfeiture. All drug paraphernalia as defined in this section are subject to the provisions of Minnesota Statutes 1982, Section 152.19, Subdivisions 2 and 4, in the same manner as if said forfeitures were pursuant to Minnesota Statutes 1982,-Chapter 152. Subd. 5. Severability. If any provision of this section or the application thereof to any person or circumstance is held invalid,. the invalidity does not affect other provisions or applications of this section which can be given effect without the invalid provision or application, and to this end, the provisions of this section are severable. Passed by the City Council this 26th day of July , 1982. of the City of Ri ~~ f, ~,'~,' ~: ~~ l' -- ,3ohn H ATTEST: Sy a Bergh, ity C1 Publish August 4, 1982 LJ ton, field, Minnesota 7 ~- ~~~ ~- Z Mayor f I ~i SUN NEWSP~iI'ERS AFFI®AVIT OF PUBLICATION RICHFIELD SIJN 8940 Lyndale Avenue South State of Minnesota County of Hennepin Bloomington, Minnesota D. K. MORTENSON, being duly sworn, on oath says he is and during al] times here stated has been the vice president and general manager of the newspaper know as The Richfield Sun and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once every week. (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not -made up entirely of patents, plate matter and advertisement. (4) Said newspaper is' circulated in and near the municipalities which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second- class matter in its local post-office (5) Said newspaper purports to serve the City of Richfield in the County of Hennepin, and it has its known office of issue in the City of Bloomington in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during ail such regular business hours and devoted exclusively during such regular business hours and at which said newspaper is printed. ((i) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper is made available at single or subscription prices to any person, corporation, partnership or other unincorporated association requesting the newspaper and making the applicable payment. (fi) Said newspaper has complied with all foregoing conditions for at least one year preceding the day or dates of publication mentioned below. (9) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter and affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed B111 1982-23 hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for_.OSa,~successive weeks; that it was first so published on Wed the 4' day of~us~ 19 82 and was thereafter printed and published on every to and including the day of 19 and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit: abcdefghijklmnopgrstuvwxyz Subscribed and sworn to before me this 4' day of ,l~llgllSt 19 $2 _ _. ~~_~ „ , )u~ (Official Publication) BILL 1982-23 AMENDMENT TO CHAPTER X, PART iII OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD CITY OF RICHFIELD DOES ORDAIN: Chapter X, P rt.;~~+lI of the Ordinance Code prohibiting certain types of conduct as m' ~ anors is hereby amended~by adding the following new section: 10.26 MIS ,~ 1`NORS -DRUG PARAPHERNALIA; ' Subd. I: De The following words and terms when used in this section shall hav "following meanings unless the context clearly indicates otherwise: +;*,`: ' (1) Drug paraphernalia means all equipment, products and materials of any land which are used, intended for use, or designed for use in planting, propagating, cultivlating, converting, producing: processing: prepanng,'tes- tmg, analyzing~~packagimg, repackaging, storing, containing, conceabng, injecting, ingesting, tahaling; or otherwise introducing into the human body, a controlled substance in violation a[ state statute or this code. The definition includes, but is not limited to: (A) kits used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived; (B) kits used, intendetl for use, or designed for use in manufacturing, compounding, ronveHing, producing, processing, or preparing controlled substances; (C) isomerization devices used, intended [or use, or designed for use in increasing the potency, bf any species of plant which is a controlled substance; (D) testing equipment; :'used, intended for use, or designed for use in identifying or in analyzing the strength', effectiveness, or purity of controlled substances; (E) scales and balances used, intended for use, or designed [or use in weighing or measurin controlled substances; (F) diluents and a~4lCterants, such as quinine hydrochloride, mannitol, marmite, dextrose, at( 1lactose, used, intended for use, or designed for use in cutting controlled gQst$nces; (G) separation ginsa dstfters used, intended for use, or designed for use in removing twigs andds from, or in otherwise cleaning or refining, marijuana; ~•, (H) blenders, bowls;cP}mtamers,spoons,and mixing devicesused,intended for use, or designed for usAiin compounding controlled substances; (I) capsules, balloons., envelopes, and other containers used, intended for use, or designed for; ace in packaging small quantities oL controlled substances; `fd (J) containers and othti`objects used, intended for use, or designed for use in storing or concealingg ntrolled substances; (K) hypodermic syrirtig~s,,'needles, or other objects used, intended for ^se, or designed for use in terally injected controlled substances into the human body; (L) objects used, i ded for use, or designed for use in ingesting, inhaling, or otherwise i acing marijuana, cocaine, hashish, or hashish oil into the human body, s Vie: (1) Metal; wooden, a iC> glass, stone, plastic, or ceramic pipes with or without screens, permQ'b screens, hashish heads, or punctured metal bowls; (2) water pipes; 'ti~b (3) carburetion tubesi,~fld devices; (4) smoking and carblfretiop masks; (5) roach clips, mea~iig Objects used to hold burning material such as a marijuana cigarette wh~eh,has become too small or too short to be held in the hand; „r,;,; (6) miniature cocain qns and cocaine vials; (7) chamber pipes; (3) carburetor pipe p;Y (9) electric pipes; '~7• (70} air-driven pi (11) chillums; •~ ,,-~~~~ (12) bongs; (13) ice pipes or eft~~et's. ` Subd. 2. Evidence. Bel°ermining whether an object is drug paraphernalia, a court or other auto ' ~~ky.should consider, in addition to all other logically relevant factors,thef ing: (1) Statements by a, ~ ~ r ar by anyone in control of the object concerning its use; (2) prior convictio y, of an owner or anyone in control of the object under state or federa(r _'glating to any controlled substance; (3) the proximityo ~;o, sect, in time and space, to a direct violation of the controlled substance s - ' (9) the proximity of tlt~~object to controlled substances; (5) the existence of~amy residue of controlled.substances on the object; (6) direct or circufq'; tial evidence o[ the intent of an owner or anyone in control of the object, liver it to persons who the owner or person in control knows, or should^ r ably know, intend to use the object to facilitate a violation of this se of the controlled substance laws. The innocence of an owner or anyon, "~ ontrol of the object as to a direct violation of the controlled substanc .ilaTvs should not prevent a finding that the object is intended for use or designed for use as drug paraphernalia; (7) instruc[ions,:dg8l or written, provided with the object concerning its use; _ (3) descriptive ~~ ,}als accompanying the object which explain or depict its use; (9) national ancl.advertising concerning its use; (10) the manner i'h~' ich the object is displayed for sale; (11) whether the ~o ner or anyone in control of the object is a legitimate supplier of like or related items [o the community, such as a licensed distributor or dealer of tobacco products; (12) direct or circatr~~stantial evidence of the ratio' of sales of the object(s) to the total sales oft business enterprise; . (13) the existe~- and scope of legitimate uses for the object in the community; :~. , (19) expert testimi~gy concerning its use. Subd. 3. Of[enses. (1),Posseasion. Itas,,p misdemeanor for any person to use, or possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contaim, conceal, inject, ingest, inhale, or otherwise introduce'iitto the human body a conlroiled substance in violation of this ordinance or state law. (2) Manufacture or belivery. It is a misdemeanor for any person to deliver, possess with intent. deliver, or manufacture with intent to deliver, drug paraphernalia kno ' under circumstances where one reasonably should know, that it will. wyed to plant, propagate, cultivate., grow, harvest, manufacture, compo qd convert, produce, process, prepare, test, analyze, pack, repack, store, contain, concea}, inject; ingest, inhale, or otherwise introduce into the human body, a controlled substance in violation of this "ordinance or state ]aw. (3) AdvertisemenC,~Itis a misdemeanor for any persgn to place in any newspaper, magazine,. handbill, or other publication, any advertisement knowing or under circa"instances where one reasonably should know, that the ,purpose of the advertisement, in whole or in part; is designed or intended for use as drug paraphernalia. - -- Subd. 4. Civil Foldeitni•o. All drug paraphernalia as defined in this section are subject to flit. p~t+visions of Minnesota Statutes 1982, Section 152,19, Subdivisions 2 and 4,!ik'9~ee same manner as if said forfeitures were pursuant to Minnesota Statutes L982, Chapter 152. Subd. 5. Severe" It any provision of this section or the application thereof to any pe `'c'ircumstance is held invalid, the invalidity does not affect other pro applications of this section which can be given effect without tlii>, `fi?d~id provision or application, and to this end, the provisions of this section are severable. '