HomeMy WebLinkAboutORDINANCE - 2796 - 12/4/2000 - DRUG PARAPHERNALIAORDINANCE NO. 2796
AN ORDINANCE AMENDING SECTION 6-6-3 OF THE VILLAGE CODE
PERTAINING TO OFFENSES RELATING TO HEALTH, MORALS AND
DECENCY BY ADDING A NEW SECTION ESTABLISHING REGULATIONS
FOR THE SALE OR POSSESSION OF DRUG PARAPHERNALIA
BE IT ORDAINED by the Mayor and Board of Trustees of the
Village of Elk Grove Village, Counties of Cook and DuPage,
Illinois as follows:
Section 1: That Section 6-6-3 OFFENSES RELATING TO HEALTH,
MORALS AND DECENCY, of the Village Code be and the same is hereby
amended by adding thereto a new Section which shall read as set
forth on Exhibit A attached hereto and incorporated herein.
Section 2: That any person, firm or corporation violating
any provisions of this Ordinance shall be subject to a fine of
not less than $25.00 nor more that $500.00 for each offense.
Section 3: That the Village Clerk is hereby authorized to
publish this Ordinance in pamphlet form.
Section 4: That this Ordinance shall be in full force and
effect from and its passage, approval and publication according
to law.
VOTE: AYES: 6 NAYS: 0 ABSENT: 0
PASSED this 4th day of December , 2000.
APPROVED this 4th day of December , 2000.
APPROVED:
Craig B. Johnson
Mayor
ATTEST:
Ann I. Walsh
Village Clerk
PUBLISHED this 8th day of December , 2000 in Pamphlet Form.
Orddrug.doc
EXHIBIT A
6-6-3-8 POSSESSION OF CANNABIS
A. Definitions
1. Cannabis: Cannabis shall have the meaning as set forth in Section 6-6-3-7a
of this Chapter.
2. Delivery: means the actual, constructive or attempted transfer of
possession, with or without consideration, whether or not there is an
agency relationship.
3. Cannabis Paraphernalia: means all equipment, products and materials of
any kind which are peculiar to and marketed for use in planting,
propagating, cultivating, growing, harvesting, manufacturing,
compounding, converting, producing, processing, preparing, testing,
analyzing, packaging, re -packaging, storing, containing, concealing,
ingesting, inhaling, or otherwise introducing into the human body
cannabis; and includes but is not limited to:
a. Kits peculiar to and marketed for use in manufacturing, compounding,
converting, producing, processing or preparing cannabis;
b. Isomeriazation devices peculiar to and marketed or use in increasing
the potency of any species of plant which is cannabis;
c. Testing equipment peculiar to and marketed for private home use and
identifying or analyzing the strength, effectiveness or purity of
cannabis;
d. Diluents and adulterants peculiar to and marketed for cutting cannabis;
e. Objects peculiar to and marketed for use in ingesting, inhaling, or
otherwise introducing cannabis, hashish or hashish oil into the human
body, including, where applicable the following items:
1. Water pipe;
2. Carburetion tubes and devices;
3. Smoking and carburetion masks;
4. Carburetor pipes;
5. Electric pipes;
6. Air driven pipes;
7. Chillums;
8. Bongs;
9. Ice pipes or chillers;
f. Any items whose purpose, as announced or described by the
seller is for a use in violation of this act.
B. Sale or Delivery
No person, store, place or premises, shall keep for sale, offer for sale, sell or
deliver for any commercial consideration or transfer possession of any
cannabis paraphernalia as defined herein.
C. Possession of Cannabis Paraphernalia.
No person, store, place ore premises, shall knowingly possess an item of
cannabis paraphernalia.
D. Forfeiture of Cannabis Paraphernalia.
Property taken or detained, pursuant to probable cause and in conformance
with all applicable laws, shall be forfeited upon a finding by the Circuit Court,
upon trial or plea of guilty, that this ordinance has been violated. When
property is forfeited under this ordinance, the Chief or Police may retain it for
official use or destroy it.
E. Exempt Items.
This ordinance shall not apply to: items marketed for, or historically and
customarily used in connection with the planting, propagating, cultivating,
growing, harvesting, manufacturing, compounding, converting, producing,
processing, preparing, testing, analyzing, packaging, repackaging, storing,
containing, concealing, injecting, ingesting, or inhaling tobacco or any other
lawful substance.
F. Penalty.
Any person who knowingly possesses an item of cannabis paraphernalia shall
be fined not less than twenty-five dollars ($25.00) nor more than five hundred
dollars ($500.00).