§ 879-5. Application of Definition of Drug Paraphernalia.

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:

(1)

Statements by a owner or by anyone in control of the object concerning its use;

(2)

Prior convictions, if any, of an owner, or of anyone in control of the object, under any city, state, or federal law relating to any controlled substance;

(3)

The proximity of the object, in time and space, to a direct violation of this chapter;

(4)

The proximity of the object to controlled substances;

(5)

The existence of any residue of controlled substances on the object;

(6)

Direct or circumstantial evidence of the intent of a 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 chapter; the innocence of an owner or of anyone in control of the object, as to a direct violation of this chapter shall not prevent a finding that the object is intended for use, or designed for use as "drug paraphernalia";

(7)

Instructions, oral or written, provided with the object concerning its use;

(8)

Descriptive materials accompanying the object which explain or depict its use;

(9)

National and local advertising concerning its use;

(10)

The manner in which the object is displayed for sale;

(11)

Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise;

(12)

The existence and scope of legitimate uses for the object in the community;

(13)

Expert testimony concerning its use.

(Ordained by Ord. No. 368-1986. eff. Oct. 1, 1986)