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11151EI��2101 <br />The issue of whether cities can effectively, regulate drug paraphernailia <br />has been ongoing, for the past several -years .1 Cities have adopted ordinances <br />only to, be struck down by the courts. "his litigation has been on a natiLonal <br />level as well as in the Tw:'Ln City metro area. <br />As a result of suiccessful challenges to local ordinances., the U.S. Justice <br />Department prepared a Model, Drug Paraphernalilia, Act,, Citi*es that have <br />since patterned, their ordi,nan,ceis after 'the model ordinance have successfully <br />sustained them,, when challenged 'in the Courts. The proposed ordinance, as <br />J <br />F-irepared biy the City Attornely"s Office,,, is also patterned after the model <br />ordinance . <br />If the proposedi ordinance i,s adopted, there may be one bus iness in Rosevi'liti, <br />in violation, of 'its p:rovl*' silms. This is, based on, past surveys of several <br />I I <br />businesses that potentially would have been I*nvolved in the selling of drug <br />paraphernalilia devices. <br />Enclosed is the proposed ordinance and a brief a,na,lys is of the court cases <br />Tielat,ing, to drug para iii erniala issue. <br />i <br />