29-80 Amend 513.01 (cc)(2) & 513.04 drug parapheralia

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ORDI NAI~CE NO. 29-80 BY: Ga]lagher, Graham, McBride, Salmon, Wendling, Brown, Chinnock AN EMERGENCY ORDINANCE amending Subsection (cc)(2) of Section 513.O1 of the General Offenses Code, and amending and supplementing Section 513;04 of the General Offenses of the Codified Ordinances of the City of Lakewood relating to the prohibiting of drug related paraphernalia. WHEREAS, this Council enacted Ordinance No. 5-80 on January 21, 1980 in response to its concern over the general proliferation of head shops engaged in the sale of paraphernalia associated with drug use; and ~IHEREAS, this Council authorized the Director of Law to file an Amicus Brief in the case captioned Record Revolution No. 6 v. City of Parma~ et al;, being case no. C80-38 in the U.S. District Court for the Northern District of Ohio Eastern Division, and WHEREAS, the Court has rendered a decision concluding that the Parma and Lakewood Ordinances are constitutional as construed in the Court's opinion, and WHEREAS, thls Council is desirous of amending the Lakewood Ordi- nance to conform with the Court's opinion, and WHEREAS, this Ordinance constitutes an emergency measure providing for the immediate preservation of the public safety and welfare and for the usual daily operation of a municipal department; now, therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That Subsection (cc)(2) of Section 5t3,O1 of the General Offenses Code of the Codified Ordinances now reading as follows: 513.O1 (cc) (2) DEFINITIONS. 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 an owner, or of anyone in control of the object, under any City, State, or Federal law relating to any controlled substance; (C) The proximity of the object, in time and space, to a direct violation of this Chapter; (D) The proximity of the object to controlled substances; (E) The existence of any residue of controlled substances on the object; (F) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object to deliver it to per- sons 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 ~n control of the object, as to a d~rect violation of this Chapter shall not prevent a finding that the object is intended for use, or designed for use as "Drug paraphernalia;" (G) Instructions, oral or written, provided with the object concerning its use; (H) Descriptive materials accompanying the object which explain or depict its use;