1980_0721_packet - Laserfiche WebLink

Home

I subdt 3. in-determining whether are object is drug paraphernal i {.! a couirt or other authority should consider, in addition to all other logically relevant factors, the fo l lowin q Statements b an owner or by anyone- in control of the object concerning its use; ,(2) Prior convictions, i � any, � � an owner, �r � � anyone in control of the object, under any state or Fed.e ral law relating to any controlled substance; (3) The proxi ni t .of the obj ect t in time and space , to a direct violation of th i s o r di h an ce r ( 4) The 'pro xim mi ty of the object to controlled sub- stances; --- ( 5) The existence. of anv residue of, controlled substances on- the objects --(6) Direct or circumstantial evidence of the intent of an owner, or of anyone' in control of 'the object,,: to deliver it to persons.. wh i. be knows, or should reasonably know, intend - to use the object to facilitate a violation of this -ordinance; the innocence of an owner, or of anyone 'in ' control of the object, as to ar• direct violation of this ordinance shall no -t prevent a f_i -nding -that the object is intended for use, or de'si cned for use as drug - .paraphern all, a 0) Instructions,. =-oral - or written, provided with the object concerning its ug .; - r (8) Descriptive ma ter i aIs accombain in g the cb Jec t wh i ct. e x lain or depict its use T (9) -National and. '10c"a1 advertising concerning its use; (10) The. manner in �wbi ch the abject is displayed . for sale; Whether the owner, or anyone in core -tro 1 of the object, is a lecxi tinia to supplier of like or related i teas to the community, such as a li cehsed distributor or 'dealer of tobacco producs t (1 2) Direct or ci. rcums t ar t i al - evi den ce of the ratio of sales of the object (s) to the total's-ales of the business enterprise; ( 1 ) The existence and scope, of lectitimate uses- for the object in the com.yr:un.i ty Expert testi.rPony concerning i.ts use. a, 3_