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ORDINANCE NO. <br />Page -4- <br />(c) It is unlawful for any person to place in any <br />newspaper, magazine, handbill, or other publication <br />any advertisements, knowing or under circumstances <br />where one reasonably should know, that .the purpose <br />of the advertisement, in whole or in part, is to <br />promote the sale of objects designed or intended for <br />use as drug paraphernalia. <br />(d) Any person 18 years of age or over who violates <br />paragraph (b) by delivering drug paraphernalia to a <br />person under 18 years of age who is at least 3 years <br />his junior is guilty of a special offense. <br />(c)'This section does not apply to manufacturers, <br />practitioners, pharmacists, owners of pharmacies <br />and other persons whose conduct was in accordance <br />with Ohio R.C. Chapters 3719, 4715, 4729, 4731, and <br />4741. This section shall not be construed to prohibit <br />any possession, manufacture, or use of hypodermics made <br />lawful by Section 620.09 of the Codified Ordinances. <br />(f) Any drug paraphernalia used in violation of <br />this section shall be seized and forfeited to the <br />Municipality. <br />(g) If any provision of this section or the <br />application thereof to any person or circumstance is <br />held invalid, the invalidity does not effect other <br />provisions or applications of the section which can <br />be given effect without invalid provision or <br />application, and to this end the provisions of this <br />section are severable. <br />(h) Whoever violates any of the provisions of <br />paragraphs (a), (b), or (c) is guilty of a misdemeanor <br />of the second degree. If the offender has previously <br />been convicted of a violation of paragraphs ~_ .(~a~); , :(b}_, or <br />(c), any subsequent violation of the same paragraph is <br />a misdemeanor of the first degree. Whoever violates <br />any of the provisions of paragraph (d) is guilty of <br />a misdemeanor of the first degree. <br />'S'ection 2. That this Ordinance is hereby declared to be <br />an emergency measure necessary for the immediate preservation of <br />the public health, safety and welfare of the residents of Mayfield <br />Village, and for the further reason that sale and use of drug <br />paraphernalia is a presently-existing and serious danger to youths <br />which requires immediate regulation. This Ordinance shall become <br />immediately effective upon receiving the affirmative vote of riot <br />less. than five (5) members elected to Council and approval of the <br />