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' •I <br />•~~ <br />~ . ' <br />.• <br />..:._ <br />~~qW <br />CITY OF NORTH OLMSTED <br />ORDINANCE N0. 80-28 <br />PAGE 4. <br />A:4p.. <br /> <br />it will be used to plant, propagate, cultivate, grow, <br />harvest, manufacture, compound, convert, produce, process, <br />prepare, test, analyze, pack, repack, store, contain, conceal, <br />inject, ingest, inhale, or otherwise introduce into the human <br />body a controlled substance in violation of this Chapter. <br />(c) It is unlawful for any person to place in any news- <br />paper, magazine, handbill, or other publication, any advertise- <br />ment, knowing, or under circumstances where one reasonably <br />should know, that the purpose of the advertisement in whole or <br />in part, is to promote the sale of objects designated or <br />intended for use as drug paraphernalia. <br />(d) Any person eighteen (18) years of age or over'who <br />violates Paragraph (b) by delivering drug paraphernalia to <br />a person under eighteen (18) years of age who is at least <br />three (3) years his junior is guilty of a special offense. <br />(e) This section does. not apply to manufacturers, <br />practitioners, pharmacists, owners of pharmacies, and <br />other persons whose conduct was in accordance with Ohio <br />Revised Code, Chapters 3719, 4715, 4729, 4731, and 4741. <br />This section shall not be construed to prohibit any <br />possession, manufacture, or use of hypodermics made <br />lawful by Section 5.13.01 of the Codified Ordinances. <br />(f) Any drug paraphernalia used in violation of this <br />section shall be seized and £orfei ed to the Municipality. <br />(g) If any provision of this section or the application <br />thereof to any person or circumstance is held invalid, the <br />invalidity does not affect other provisions or applications <br />of the .section which can be given effect without the invalid <br />provision or application, and to this end the provisions of <br />this section are severable. <br />(h) Whoever violates any of the provisions of paragraphs <br />(a), (b), or (c), is guilty of a misdemeanor of the second <br />degree. If the offender has previously been convicted of <br />a violation of paragraphs (a) , (b) , or (c) , any subsec{uent <br />violation of the same paragraph is a misdemeanor of the <br />first degree. Whoever violates any of the provisions of <br />paragraph_ (d) is guilty of a misdemeanor of the first <br />degree." <br />SECTION 3: That Section 513.04 of the Codified Ordinances <br />previously enacted be, and hereby it is repealed, and further that <br />any other ordinance or parts of ordinances in conflict herewith are <br />hereby repealed. <br />SECTION 4: That this Ordinance shall take effect and be in <br />force room and after the earliest period allowed by law. <br />PASSED: / 9~ <br />ATTEST: <br />LORENCE C PBE L, ERK OF COUNCTL <br />i APPROV D : /'~/1 ~b <br />.,,rt.a,c,~ 1 <br />OBERT W. YN OWSK YOR <br />DE E L MPERT, SI T OF <br />C UN <br />First Reading: / <br />Second Reading: 3 ~a - 3' Pa <br />Third Reading: <br />