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(d) Any person 18 years of age or over who violates paragraph <br />(b) by delivering drug paraphernalia to a person under 18 years <br />of age who is at least 3 years his junior is guilty of a special <br />offense. <br /> <br />(e) This section does not apply to manufacturers, practitioners, <br />pharmacists, owners of pharmacies and other persons whose conduct <br />was in accordance with Ohio R.C. Chapters 3719, 4715, 4729, 4731 <br />and 474t. This section shall not be construed to prohibit any <br />possess:ion, manufacture, or use of hypodermics made lawful by <br />Section 620.09 of the Codified Ordinances. <br /> <br />(f) Any drug paraphernalia used in violation of this section <br />shall be seized and forfeited to the Municipality. <br /> <br />(g) If any provision of this section or the application thereof <br />to any person or circumstance is held invalid, the invalidity <br />does not affect other provisions or applications of the section <br />which can be given effect without the~invalid provision or <br />application, and to this end the provisions of this section are <br />severable. <br /> <br />(h) Whoever violates any of the provisions of paragraphs (a), (b), <br />or (c) is guilty of a misdemeanor of the second degree. If the <br />offender has previously been convicted of a violation of para- <br />graphs (a), (b), or (c), any subsequent violation of the same para- <br />graph is a misdemeanor of the first degree. Whoever violates <br />any of the provisions of paragraph (d) is guilty of a misdemeanor <br />of the first degree. <br /> <br /> Section 3. That this ordinance is hereby declared to be an <br />emergency measure for the reasons stated in the preamble hereof and provided <br />it receives the affirmative vote of two-thirds of all members elected to <br />Council, it shall take effect and be in force immediately upon its adoption <br />and approval by the Mayor; and alt other ordinances or parts of ordinances <br />inconsistent herewith shall be and are hereby repealed. <br /> <br />Adopted: ~ c~ //,/~P 0 <br /> <br /> <br />