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<br />CITY OF NORTH OLMSTED
<br />ORDINANCE N0. 80-28
<br />PAGE 3.
<br />2. In determining whether an object is "Drug Paraphernalia",
<br />a court or other authority should consider, in addition
<br />to all other logically relevant factors, the following:
<br />(A) Statements by the owner or by anyone in
<br />control of the object concerning its use;
<br />(B) Prior convictions, if any, of an owner, or of
<br />anyone in control of the object, under any
<br />City, State, or Federal law relating to any
<br />controlled substance;
<br />(C) The proximity of the object, in time and
<br />space, to a direct violation of this Chapter;
<br />(D) The proximity of the object to control sub-
<br />stances;
<br />(E) The existence of any residue of controlled
<br />substances on the object;
<br />(F) Direct or circumstantial evidence of the
<br />intent of an owner, or of anyone in control
<br />of the object to deliver it to persons whom
<br />he knows, or should reasonably know, intends
<br />to use the object to facilitate a violation
<br />of this Chapter; the innocence of an owner
<br />or of anyone in control of the object, as to
<br />a direct violation of this Chapter shall not
<br />prevent a finding that the object is intended
<br />for use, or designed for use as "Drug Paraphernalia";
<br />(G) Instructions, oral or written, provided with
<br />the object concerning its use;
<br />(H) Descriptive materials accompanying the object
<br />which explain. or depict its use;
<br />(_1) National and local advertising concerning its use;
<br />(J) The manner in which the object is displayed
<br />for sale;
<br />(K) Direct or circumstantial evidence of the
<br />ratio of sales of the object(s) to the total
<br />sales of the business enterprise;
<br />(L) The existence and scope of legitimate use for
<br />the object in the community;
<br />(M) Expert testimony concerning its use.
<br />SECTION 2: That there is hereby enacted a new and revised
<br />Section 513.0 0~ the Codified Ordinances of the City of North Olmsted
<br />which new and revised section shall read as follows:
<br />"513.04 POSSESSION, MANUFACTURE, AND SALE OF DRUG ABUSE
<br />INSTRUMENTS AND PARAPHERNALIA.
<br />(a) It is unlawful for any person to use, or to
<br />possess with intent to use, drug paraphernalia to plant,
<br />propagate, cultivate, grow, harvest, manufacture, compound,
<br />convert, produce, process, prepare, test, analyze, pack,
<br />repack, store, contain, conceal, inject, ingest, inhale,
<br />or otherwise %ntroduce into the human body a controlled
<br />substance in violation of this Chapter.
<br />(b) It is unlawful for any person to deliver, sell,
<br />possess with intent to deliver or sell, or manufacture with
<br />intent to deliver or sell, drug paraphernalia, knowing that
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