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Home My WebLink AboutOrdinance 8137~° ~- ORDINANCE NO AN ORDINANCE AMENDING CHAPTER 2'7 OFFENSES - MISCELLANEOUS OF THE CODE OF Tt3E CITY OF FORT WORTH TEXAS (1964) AS AMENDED BY ADDING SEC 27-53 PROVIDING FOR THE REGULATION OF DRUG PARAPHERNALIA PROVIDING FOR DEFINITIONS PROVIDING FOR THE IDEN- TIFICATION OF DRUG PARAPHERNALIA PROVIDING FOR OFFENSES PROVIDING FOR CIVIL FORFEITURE PROVIDING THAT THE ORDINANCE WILL BE CUMULATIVE PROVIDING A SEVERABILITY CLAUSE PROVIDING A PENALTY PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH TEXAS SECTION I That Chapter 27 of the Code of the City of Fort Worth Texas (1964) Offenses - Miscellaneous be amended by adding Section 27-53 such section to read as follows Sec 27-53 Drug Paraphernalia (a) 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 harvest- ing, manufacturing compounding, converting produc- ing, processing preparing testing analyzing packag- ing repackaging storing containing concealing injecting ingesting inhaling or otherwise intro- ducing into the human body a controlled substance in violation of this section It includes but is not limited to (1) 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 sub- stance can be derived (2) Kits used intended for use, or designed for use in manufacturing com- pounding, converting producing processing or preparing controlled substances (3) Isomerization devices used in- tended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance (4) Testing equipment used intended for use or designed for use in identify- ing or in analyzing the strength, effec- tiveness or purity of controlled substances d r (5) Scales and balances used intended for use or designed for use in weighing or measuring controlled substances (6) Diluents and adulterants such as quinine hydrochloride mannitol mannite dextrose and lactose, used intended for use or designed for use in cutting con- trolled substances (7) Separation gins and sifters used intended for use, or designed for use in removing twigs and seeds from or in other- wise cleaning or refining marij:,uana (8) Blenders, bowls, containers spoons and mixing devices used, intended for use or designed for use in compounding con- trolled substances (9) Capsules balloons envelopes and other containers used intended for use or designed for use in packaging small quantities of controlled substances (10) Containers and other objects used intended for use or designed for use in storing or concealing controlled substances (11) Hypodermic syringes needles and other objects used intended for use, or designed for use in parenterally injecting controlled substances into the human body (12) Objects used intended for use, or designed for use in ingesting, inhaling or otherwise introducing mari~:uana cocaine hashish or hashish oil into the human body such as (a) Metal wooden acrylic glass, stone plastic or ceramic pipes with or without screens permanent screens hashish heads or punctured metal bowls (b) Water pipes (c) Carburetion tubes and devices (d) Smoking and carburetion masks (e) 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 (f) Miniature cocaine spoons and cocaine vials (g) Chamber pipes (h) Carburetor pipes (i) Electric pipes (j) Air-driven pipes (k) Chilams (1) Bongs (m) Ice pipes or chillers (b) In determining whether an object is Drug paraphernalia, a court or other authority should con- sider in addition to all other logically relevant factors, the following (1) Statements by an owner or by anyone in control of the object concerning its use - 2 - ~' t (2) Prior convictions if any of an owner or of anyone in control of the object under any State or Federal law relating to any con- trolled substance (3) The proximity of the object in time and space to a direct violation of this sec- tion (4) The proximity of the object to con- trolled substances (5) The existence of any residue of con- trolled substances on the object (6) 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 this section the innocence of an owner, or of anyone in control of the object as to a ~ direct violation of this section shall not prevent a finding that the object is intended for use, or designed for use as Drug parapher- nalia (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 con- trol 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 legitimate uses for the object in the community (14) Expert testimony concerning its use (c) It is unlawful for any person to use or possess with intent to use drug paraphernalia to plant, propagate, cultivate grow harvest manu- facture, compound convert produce process pre- pare test, analyze pack repack store contain conceal inject, ingest inhale or otherwise introduce into the human body a controlled substance in violation of this section (d) It is unlawful 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, 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 - 3 - this section (e) Controlled substance as used in this sec- tion refers to those substances defined by the `Texas Controlled Substances Act Vernon's Ann Civ St Art 4476-15 (f) Any person 18 years of age or over who violates (d) by delivering drug paraphernalia to a person under 18 years of age who is at least 3 years his junior is guilty of an offense (g) 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 (h) Any drug paraphernalia, as defined in this section shall be subject to seizure and civil forfeiture by law enforcement authorities acting under either a valid warrant or pursuant to a violation observed by the seizing officer Such actions shall be subject to the procedures used in the Controlled Substances Act of the State of Texas SECTION II That this ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort ~~Torth Texas (1964) as amended except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed SECTION III It is hereby declared to be the intention of the City Council that the sections paragraphs sentences, clauses and phrases of this ordinance are severable and if any phrase clause sentence paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any Court of competent jurisdiction such unconstitution- ality shall not affect any of the remaining phrases, clauses sentences, paragraphs and sections of this ordinance since the same would have been enacted by the City Council without the incorporation of this ordinance of any such unconstitu- tional phrase clause sentence paragraph or section - 4 - ~~ s z. ~ SECTION IV That any person firm or corporation who violates dis- obeys, omits neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Hundred and No/100 Dollars ($200 00) for each offense Each day that a violation is permitted to exist shall constitute a separate offense The City Secretary of the City of Fort Worth, Texas is hereby directed to publish the caption and penalty clause and effective date of this ordinance for five (5) days in the official newspaper of the City of Fort Worth Texas as authorized by the TEX REV CIV STATS art 1176b-1 SECTION VI This ordinance shall be in full force and effect from and after the date of passage and publication as above specified APPROVED AS TO FORM AND LEGALITY P yr/ I P" City Attorney ADOPTED t 2 ~jFQ EFFECTIV :