The Township of Brandon has determined that an Ordinance to regulate the unlicensed sale or dispensation of drug paraphernalia used, designed, marketed or intended for unauthorized use with controlled substances necessary for the health, safety and welfare of the citizens of the Township; and that there should be penalties for the violation thereof, and to repeal all ordinances or parts of ordinances in conflict herewith.
THE CHARTER TOWNSHIP OF BRANDON, OAKLAND COUNTY, MICHIGAN ORDAINS:
Section 1: Title
This ordinance shall be known and cited as the Brandon Township Drug Paraphernalia Ordinance.
Section 2: Purpose
This ordinance is enacted for the purpose of protecting public health, safety and general welfare of persons and property within Brandon Township, pursuant to the authority granted to townships in the Township Ordinances Act, Public Act 246 of 1945 (MCL 41.181, et seq.), by prohibiting possession, sale or dispensation of drug paraphernalia used, designed, marketed or intended for use with a controlled substance or substances without an appropriate license from the State of Michigan within Brandon Township, and to provide penalties for the violation thereof.
Section 3: Definitions
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
3.1 Controlled substance means a controlled substance as that term is defined in Part 17 of Act 368, Public Acts of 1978 (MCL 333.7101 et seq.), as amended, the Michigan ‘Public Health Code.?
3.2 Drug paraphernalia means all equipment, products and materials of any kind which are used, intended for use, or designed for use in preparing, testing, packaging, repacking, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substances in violation of state or local law. The term ‘drug paraphernalia? includes but is not limited to:
(1) Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances.
(2) Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances.
(3) Separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana.
(4) Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances.
(5) Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging controlled substances.
(6) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances.
(7) Hypodermic syringes, needles and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body.
(8) Objects used, intended for use, or designed for use in ingesting inhaling, or otherwise introducing marijuana, cocaine, hashish, or other controlled substances into the human body, such as:
a. Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens or punctured metal bowls.
b. Water pipes.
c. Smoking and carburetion masks.
d. Roach clips (meaning objects used to hold burning materials, such as a marijuana cigarette, that has become too small or too short to be held in the hand.)
e. Miniature cocaine spoons, and cocaine vials.
In determining whether or not 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 an owner or by anyone in control of the objects, concerning its use.
(2) The proximity of the object to controlled substances.
(3) The existence of any residue of controlled substances on the object.
(4) Instruction, oral or written, provided with the object concerning its use.
(5) Descriptive materials accompanying the object which explain or depict its use.
(6) National or local advertising concerning its use.
(7) The manner in which the object is displayed for sale.
(8) Whether the owner, or anyone in control 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.
(9) The existence and scope of legitimate uses for the object in the community.
(10) Expert testimony concerning the use of the object.
Section 4: Prohibited Activities
(a) Possession. It is unlawful for any person to use, or possess with intent to use, drug paraphernalia t manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, otherwise introduce into the human body, a controlled substance in violation of state or local law.
(b) Manufacture, delivery or sale. It is unlawful for any person to deliver, sell, possess with intent to deliver or sell, or manufacture with intent to deliver or sell, drug paraphernalia, knowing that it will be used to plant, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal inject, inhale or otherwise introduce into the human body, a controlled substance in violation of state or local law.
(c) Advertisement. It is unlawful for any person to place in a newspaper, magazine, handbill, sign, poster or other publication, any advertisement, knowing 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.
Section 5: Civil Forfeiture
Any drug paraphernalia used, sold, possessed with intent to use or sell, or manufactured with intent to sell in violation of this division shall be seized and forfeited to the Township.
Section 6: Penalties
Any violation of this ordinance shall be punishable by a fine not to exceed Five Hundred ($500.00) Dollars, and/or by imprisonment in the County Jail for not to exceed ninety (90) days, or by both such fine and imprisonment. Each day that a violation continues to exist shall constitute a separate offense.
In addition, as an alternate remedy, the Township shall have the authority to proceed in any Court of competent jurisdiction to obtain an injunction, restraining order, or other appropriate remedy to compel compliance with the ordinance. Election of one of the foregoing remedies shall not preclude the application of the other remedy.
Section 7: Severability
Should any part of this ordinance be declared unconstitutional, illegal, or of no force or effect by a Court of competent jurisdiction, such portion thereof shall not be deemed to affect the validity of any other part of portion thereof.
Section 8: Effective Date
All ordinances or parts of ordinances in conflict herewith are hereby repealed, and this ordinance shall take effect on the 30th day following its adoption and publication in the local newspaper.
EFFECTIVE DATE AND DECLARATION
This Ordinance is hereby declared and certified to have been duly adopted by the Township Board of the Charter Township of Brandon, County of Oakland, State of Michigan at a meeting of said Board duly called and held on the 5th day of September, 2006 and published in the manner prescribed by law, on the 11th day of September, 2006. The effective date of this Ordinance shall be October 11, 2006.
Posted by B. Jean McCreery, MCM, Brandon Township Clerk, 395 Mill St./ PO 929, Ortonville, MI 48462
Publish in The Citizen 9-11-06