LL 01 Ban Sale & Display Drug Accessories s
(Please Use this Form for Filing your Local Law with the Secretary of State)
Text of law should be given as amended. Do not include matter being
eliminated and do not use italics or underlining to indicate new matter.
County
Cityof.........................Queensbury...ro ....................................................................
it age
Local Law No..................1........._........................... of the year 19 -H3....
A local law Baq„sale and Display of .Dru .Aecessories in the Town of Queensbury
...... ...... ............................................................................
(br.et tiN.)
Beit enacted by the ..................................T.... ......own Boa..................rd ............................................................ of the
(Nam.d Legislative tws)
County
oT� ot...................................................�eensr.Y.
bu ..............................._............................................. as follows:
Village
S 33-1. Legislative Findings.
S 33-2. Definitions.
S 33-3. 'Evidence to be considered.
S 33-4. Sale and display of drug accessories.
S 33-5. Penalties.
S 33-6. Severability.
S 33-7. Effective Date.
Be it enacted by the Town Board of the Town of Queensbury as
follows:
S 33-1. Legislative findings. •
It is hereby dedlared and found that the sale of items used
to aid the starage, use, concealment and test the strength or purity
of illegal drugs is a wide spread and growing practice which is
contrary to the public interest. Therefore, public safety, health,
welfare and morals would be best served by discontinuing the sale of
such items.
33-2. Definitions.
DRUG PARAPHERNALIA -- 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, harvesting, manufacturing, com=
pounding, conveying, producing, processing, preparing, testing,
analyzing, packaging, repackaging, storing, containing, concealing,
injecting, infesting, inhaling or otherwise introducing into the human
body a controlled substance in violation of the, laws of the State of
New York. It includes, but is not limited to:
I (If additional space is needed, please attach sheets of the same size as this and number each)-m
Page 1
1. Kits- used, intended far use, or designed for use in
planting, proptgati•ng, cultivating, growing or harvesting of
any species of plant which is a controlled substance or from
.. which ;a' controlled substance can.be derived;
2-. Kits used, intended for use, or designed for use
or
in
manufacturing, compounding, converting, producing, processing
preparing controlled substances;
3. Isomerization devices used, intended 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 identifying or in analyzing the strength, effectiveness or
purity of controlled substances;
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 controlled substances;
7. Separation gins and sifters used, intended for use, or designed for
use in removing twigs and seeds from, or otherwise cleaning or refining
marijuana;
8. Blenders, bowls, containers, spoons and mixing devices used,
intended for use, or designed for use in compounding controlled substances;
9. Capsules, Balloons, envelopes and other containers used,
intended for use or designed for use in packaging small quantities of ..
controlled substances;
10. Hypodermic syringes, needles and other objects used, intended
for or designed for use in parenterally injectink controlled substances
into the human body;
11. Containers and other objects used, intended for use, or designed
for use in stohin$:tor concealing controlled substances;
12. Objects used, intended for use, of designed for use in infesting
or otherwise introducing marijuana, cocaine or hashish 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
bowls;
b. Water pipes;
c. Carburetion tubes and devices;
d. Smoking and carburetion masks;
•e. Roach clips; meaning objects used toehold burning material
such as marijuana cigarettes, that have become- too small or toor.shbrt to be
held"in the hand; ,
f. Miniature cocaine spoons and cocaine vials;
g. Chamber pipes;
h. Carburetor pipes;
CA
i. Electric pipes;
. � . Air-driven pipes;
k. Chillums;
1. Bongs;
M. Ice pipes or chillers;
13. "Cocaine Spoon" . A spoon -with a bowl so small that the primary
use for which it is reasonably adopted or designed is to hold or
administer cocaine, and which is so small as to be unsuited for the
typical, lawful uses of a spoon. A cocaine spoon may or may not be
labeled as a "cocaine spoon" or "coke" spoon;
14. "Marijuana or Hashish Pipe" : A pipe characterized by a bowl
which is so small that the primary use for which it is reasonably
adopted or designed is the smoking of marijuana or hashish, rather
than lawful smoking tobacco, and which may or may not be equipped
with a screen.
§ 33-3• Evidence to be considered.
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:
a. Statements by an owner or by anyone in control of the
object concerning its use;
b. Prior convictions, if any, of the owner, or of anyone
in control of the object, under any..;state or federal law relating to any
controlled substance;
c. TM proximity of the objebt to controlled substances;
d. The existance of any residue of controlled substances
on the object;
e. Direct or circumstantial evidence of the intent of an owner,
of anyone in control of the object, to deliver it to persons who he Knows,
or should reasonably know, intends to use the object to facilitate
violation of this act; the innocence of an owner, or of anyone in control of t
object, as -the direct violation of this act should not prevent a finding
that the object is intended for use, or designed fot use as drug paraphernalic,
f. Instructions, oral or written, provided with the object
concerning its use;
g. Descriptive materials accompanying the object which--explain
or depict its use; .
h, National and local advertising concerning its use;
Ch�� 3 _
yy i. The manner in which the object is displayed for sale;
!; J . Whether the owner, or anyone in control of the object,
is a legitimate supplier of like or related items to the community,
such as licensed distributors or dealer of tobacco products;
k. Direct or circumstantial evidence .of the ratio of sales of the
object (s) to the total sales of the business enterprise;
1. The existance and scope of legitimate uses for the
object in the community;
m. Expert testimony concerning its use.
1 33-4 2"ale and display of drug accessories.
It shall be a violation of this code for any merchant or other person
to knowingly sell, offer for sale, or display any cocaine spoon, marijuana pipe,
hashish pipe, or any other drug related paraphernalia.
33-5 Penalties.
A person who violates any provision of this article is guilty of a
misdemeanor.
9 33-5 Severability. •
If any clause , sentence, paragraph or part of this Local Law shall be
idjudged by any court of competent jurisdiction to be invalid, such ,judgment
shall not affect, impair or invalidate the remainder thereof, but shall be
confined in its operation to the clause, sentence, paragraph or part thereof
lirectly involved in the controversy and in which such judgment shall have been
^endered.
33-7 Effective date. •
This Local Law shall take effect immediately upon filing thereof in the
zffice of the Secretary of State.
(Complete the certification in the paragraph which applies to the filing of this local law and strike out the
matter therein which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto,designated as local law No. ....... .........of 191:3
County
City ���
of the ow of...� ........ was duly passed by the ...............7�'^..^...................................................
Village (Name of Legislative Body)
on......0✓! ....«......................19-0 in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,*
or repassage after disapproval.)
I hereby certify that the local law annexed hereto,designated as local law No. ....................of 19........
County
ofthe CityTown of......................................was duly passed by the ..................................................................................
(Name of Legislative Body)
Village
not disapproved
on ......19........ and was approved by the .......................................................
repassed after disapproval Elective Chief Executive Officer *
and was deemed duly adopted on........................................................19........ , in accordance with the applicable
provisions of law.
3. (Final adoption by referendum.)
1 hereby certify that the local law annexed hereto,designated as local law No. .................. of 19..........
County
of the city of was dulypassed b the
Town ...............................................
(Name of Legislative Body)
Village
not disapproved ,
on...................................................19........ and was approved by the...............................................................
repassed after disapproval Elective Chief Ixecutive Officer*
on......................................................................19........ Such local law was submitted to the people by reason of a
mandatory
permissive referendum,and received the affirmative vote of a majority of the qualified electors voting
general
thereon at the special election held on......................................................19........ , in accordance with the appli-
annual
cable provisions of law.
4. (Subject to permissive referendum,and final adoption because no valid petition filed requesting
referendum.)
I hereby certify that the local law annexed hereto,designated as local law No. .................. of 19..........
County
ity
ofthe Town of...................................... was duly passed by the................................................................................on
(Name of Legislative Body)
Village not disapproved
.................................................. 19........ and was approved by the .................. .. ...................................on
repassed after disapproval Elective Chief Executive Officer*
..............................................................19......... Such local law being subject to a permissive referendum and no
valid petition requesting such referendum having been filed, said local law was deemed duly adopted on
...................................................................... 19......... in accordance with the applicable provisions of law.
•Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis
or,if there be none,the chairman of the county legislative body,the mayor of a city or village or the supervisor of a town,
when such officer is vested with power to approve or veto load laws or oediniumm.
Page 2
5. (City local law concerning Charter re%ision proposed by petition.)
I hereby certify that the local law annexed hereto,designated as local law No. ....................of 19........
of the City of.......................................................................... having been submitted to referendum pursuant to the
provisions of § 37 of the ,Municipal home Rule Law,and }laving received the affirmative vote of a majority
of the qualified electors of such city voting thereon at the special election held on ..................................
general
................ 19............became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as Local Law No. ......of 19...... of the
County of ......................................... State of New York, leaving been submitted to the Electors at the
General Election of November ........... 19 ........... pursuant to subdivisions 5 and 7 of Section 33 of the Muni-
cipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of the
cities of said county as a unit and of a majority of the qualified electors of the towns of said county
considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate
certif ication.l
JW I further certify that I have compared the preceding local law with the original on file in this office
and that the same is a correct transcript therefrom and of the whole of such original local law, and was
finally adopted in the manner indicated in paragraph...............I............ above.
Clerk of the County legislative body,City,Town or Village Clerk or
officer designated by local legislative body
Date: ar� j)-, t W-3
(Seal)
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney
or other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF.......... '
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all
proper proceedings have been had or taken for the enactment of the local law annexed hereto. ;
. . . . . . . Signature . .'�_. • .
. . . . . . . . .. . .`.._. . .. .`.. . `... . . . . . . . . . . . . . . . .
Title
Date• t�,19�3 County
Tow Cit
of.............Q. - t�"r�....................
aro-4
Village
Page 3
AC 2051
(Raw.41191) A , , STATE OF NEW YORK
1-1-4
OFFICE OF THE STATE COMPTROLLER
ALBANY.NEW YORK
rteea --4 12236
EDWARD V.RECAN
ti
STATE COMPTROLLER
Jena
Donald Chase, Town Cl:er'P
Town of Queenbury
Town Office Dldg.
Glens Falls, PAY 12901
Dear Sir/Madam:
This is to advise that Local Law(s) No. 1 of 19,3
for the Town of C�ueensbury was received and filed
on
4/l9/°^
� ..
V ruly yours •
Kendall R. Pirro
Associate Attorney
Charters Unit
KRP:dal
cc: Secretary of State
NYS Department of State
Bureau of State Records
162 Washington Avenue
Albany, NY 12231
Donald_Chase, Town Clerk
Town of Queensbury
Town Office Bldg.
Glens Falls, N.Y. 12801
Cate: . APR, 2 8 1.983'
Dear Sir/Madam:
Please be advised that Local Law(s)No. 1
of 1983 of the Tnwn of QitPPnsbury
was/were received and filed on April 18, 1983
Additional forms for filing local laws with this office will be forwarded upon
request.
NYS Department of State
Bureau of State Records
383602-004(12/82)
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