Marketplace

(Published in the Shawnee
Dispatch, Wednesday, May
2, 2012)

CITY OF SHAWNEE

ORDINANCE NO. 3024

AN ORDINANCE REGULATING CONTROLLED SUBSTANCES WITHIN THE CORPORATE LIMITS OF THE CITY
OF SHAWNEE, KANSAS, BY
AMENDING SECTIONS
9.06.010 AND 9.06.020 OF
THE SHAWNEE MUNICIPAL
CODE RELATED TO CONTROLLED SUBSTANCES.

BE IT ORDAINED BY THE
GOVERNING BODY OF THE
CITY OF SHAWNEE, KANSAS.

PARAGRAPH ONE
Chapter 9.06 of the Shawnee Municipal Code, regulating controlled substances, is hereby
amended to read as follows:

9.06.010 Possession of controlled substances.
A. Except as authorized by
the Uniform Controlled
Substances Act, K.S.A.
65-4101, et seq., or any
amendments thereto, it is
unlawful for any Person to
use or possess any of the
following controlled substances, controlled substance analogs, or simulated controlled substance
thereof:

B. Controlled substance
means any drug, substance
or immediate precursor of
the following:

1. Any depressant designated in subsection (e) of
K.S.A. 65-4105, subsection
(e) of K.S.A. 65-4107, subsection (b) or (c) of K.S.A.
65-4109, or subsection (b)
of K.S.A. 65-4111, or any
amendments thereto;

2. Any stimulant designated
in subsection (f) of K.S.A.
65-4105, (d)(2) or (d)(4) or
(f)(2) of K.S.A. 65-4107 or
subsection (e) of K.S.A.
65-4109, or any amendments thereto;

3. Any hallucinogenic drug
designated in subsection
(d) of K.S A. 65-4105, subsection (g) of K.S.A. 65-4107,
or subsection (g) of K.S.A.
65-4109 or any amendments
thereto;

4. Any substance designated in subsections (g) of
K.S.A. 65-4105 and subsections (c), (d), (e), (f) or (g)
of K.S.A. 65-4111, or any
amendments thereto;

5. Any anabolic steroids as
defined in subsection (f) of
K.S.A. 65-4109, or any
amendments thereto;

6. Any substance designated in K.S.A. 65-4113, or
any amendments thereto;

7. Any substance designated in subsection (h) of
K.S.A. 65-4105, or any
amendments thereto.

C. Possession of a Controlled substance is a Class
A offense.

9.06.020 Possession or distribution of drug paraphernalia and drug precursors.

A. Except as authorized by
the Uniform Controlled
Substances Act, K.S.A.
65-4101, et seq., or any
amendments thereto, it is
unlawful for any Person to
use or possess with intent
to use any drug paraphernalia to store, contain, conceal, inject, ingest, inhale or
otherwise introduce into
the human body a Controlled substance in violation of Section 9.06.010 of
the Shawnee Municipal
Code, or to distribute, possess with intent to distribute or manufacture with intent to distribute any Drug
paraphernalia, knowing, or
under circumstances where
one reasonably should
know, that it will be used as
such, in violation of Section
9.06.010 of the Shawnee
Municipal Code.
It shall be unlawful for any
Person to purchase, receive
or otherwise acquire at retail any compound, mixture
or preparation containing
more than 3.6 grams of
pseudoephedrine base in
any single transaction or
any compound, mixture or
preparation containing
more than nine grams of
pseudoephedrine base or
ephedrine base within any
30-day period.

B. Drug paraphernalia
means all equipment, products and materials of any
kind which are used or intended or designed for use
in planting, propagating,
cultivating, growing, harvesting, manufacturing,
compounding, converting,
producing, processing, preparing, testing, analyzing,
packaging, repackaging,
storing, containing, concealing, injecting, ingesting, inhaling or otherwise
introducing into the human
body a Controlled substance in violation of Section 9.06.010 of the Shawnee Municipal Code, or
amendments thereto. Drug
paraphernalia shall include,
but is not limited to:

1. Kits used or intended for
use in planting, propagating, cultivating, growing or
harvesting any species of
plant which is a Controlled
substance or from which a
Controlled substance can
be derived;

2. Kits used or intended for
use in manufacturing, compounding, converting, producing, processing or preparing controlled substances;

3. Isomerization devices
used or intended for use in
increasing the potency of
any species of plant which
is a controlled substance;

4. Testing equipment used
or intended for use in identifying or in analyzing the
strength, effectiveness or
purity of Controlled substances;

5. Scales and balances used
or intended for use in
weighing or measuring
Controlled substances;

6. Diluents and adulterants,
including, but not limited
to, quinine hydrochloride,
mannitol, mannite, dextrose and lactose, which
are used or intended for
use in cutting Controlled
substances;

7. Separation gins and sifters used or intended for
use in removing twigs and
seeds from or otherwise
cleaning or refining marijuana;

8. Blenders, bowls, containers, spoons and mixing devices used or intended for
use in compounding, Controlled substances;

9. Capsules, balloons, envelopes and other containers
used or intended for use in
packaging small quantities
of Controlled substances;

10. Containers and other
objects used or intended
for use in storing or concealing Controlled substances;

11. Hypodermic syringes,
needles and other objects
used or intended for use in
parenterally injecting Controlled substances into the
human body;

12. Objects used or primarily intended or designed for
use in ingesting, inhaling or
otherwise introducing marijuana, cocaine, hashish or
hashish oil, phencyclidine
(PCP), methamphetamine
or amphetamine into the
human body, such as:

a. Metal, wooden, acrylic,
glass, stone, plastic or ceramic pipes with or without
screens, permanent
screens, hashish heads or
punctured metal bowls;

b. Water pipes, bongs or
smoking pipes designed to
draw smoke through water
or another cooling device;

c. Carburetion pipes, glass
or other heat resistant
tubes or any other devices,
used or intended to be
used, designed to be used
to cause vaporization of a
Controlled substance for
inhalation;

d. Smoking and carburetion
masks;

e. Roach clips, objects used
to hold burning material,
such as a marijuana cigarette, that has become too
small or too short to be
held in the hand;

f. Miniature cocaine spoons
and cocaine vials;

g. Chamber smoking pipes;

h. Carburetor smoking
pipes;

i. Electric smoking pipes;

j. Air-driven smoking pipes;

k. Chillums;

l. Bongs;

m. Ice pipes or chillers;

n. Any smoking pipe
manuafactured to disguise
its intended purpose;

o. Wired cigarette papers;
or

p. Cocaine freebase kits.

C. To determine whether an
object is Drug paraphernalia, a Court or other authority shall consider, in
addition to all other logically relevant factors, the
following:

1. Statements by an owner
or person in control of the
object concerning its use;

2. Prior convictions, if any,
of an owner or person in
control of the object, under
any state or federal law relating to any Controlled
substance;

3. The proximity of the object, in time and space, to a
direct violation of the Uniform Controlled Substances Act, or Section
9.06.010 of the Shawnee
Municipal Code, or amendments thereto;

4. The proximity of the object to Controlled substances;

5. The existence of any residue of Controlled substances on the object;

6. Direct or circumstantial
evidence of the intent of an
owner or person in control
of the object, to deliver it to
a person the owner or person in control of the object
knows, or should reasonably know, intends to use
the object to facilitate a violation of the Uniform Controlled Substances Act, or
Section 9.06.010 of the
Shawnee Municipal Code,
or amendments thereto.
The innocence of an owner
or person in control of the
object as to a direct violation of the Uniform Controlled Substances Act, or
Section 9.06.010 of the
Shawnee Municipal Code,
or amendments thereto,
shall not prevent a finding
that the object is intended
for use as a Drug paraphernalia;

7. Oral or written instructions provided with the object concerning its use;

8. Descriptive materials accompanying the object
which explain or depict its
use;

9. National and local advertising concerning the
object's use;

10. The manner in which the
object is displayed for sale;

11. Whether the owner or
person in control of the object is a legitimate supplier
of similar or related items
to the community, such as
a distributor or dealer of
tobacco products;

12. Direct or circumstantial
evidence of the ratio of
sales of the object or objects to the total sales of
the business enterprise;

13. The existence and scope
of legitimate uses for the
object in the community;

14. Expert testimony concerning the object's use;

15. Any evidence that alleged paraphernalia can or
has been used to store a
Controlled substance or to
introduce a Controlled substance into the human body
as opposed to any legitimate use for the alleged
paraphernalia; or

16. Advertising of the item
in magazines and other
means which specifically
glorify, encourage or espouse the illegal use, manufacture, distribution or
cultivation of Controlled
substances.

D. The fact that an item has
not yet been used or did
not contain a Controlled
substance at the time of
the seizure is not a defense
to a charge that the item
was possessed with the intention for use as Drug paraphernalia.

E. As used in this section,
"or under circumstances
where one reasonably
should know" that an item
will be used in violation of
this section, shall include,
but not be limited to, the
following:

(1) Actual knowledge from
prior experience or statements made by customers;

(2) Inappropriate or impractical design for alleged
legitimate use;

(3) Receipt of packaging
material, advertising information or other manufacturer supplied information
regarding the item's use as
Drug paraphernalia; or

(4) Receipt of a written
warning from a law enforcement or prosecutorial
agency having jurisdiction
that the item has been previously determined to have
been designed specifically
for use as Drug paraphernalia.

F. Violation of this section
is a Class A Offense, unless
the trier of fact makes a fining that the offender is 18
or more years of age and
the offender distributed or
caused Drug paraphernalia
to be distributed to a minor
or on or within 1,000 feet of
any school property, in
which case, it is a severity
level 9, nonperson felony.

PARAGRAPH TWO
Severability. If any part or
parts of this Ordinance
shall be held to be invalid,
such invalidity shall not affect the validity of the remaining parts of this Ordinance. The Governing Body
hereby declares that it
would have passed the remaining parts of this Ordinance if it would have
known that such part or
parts thereof would be declared invalid.

PARAGRAPH THREE
Savings Clause. Neither the
adoption of this Ordinance,
nor the future repeal or
amendment of any section
or part or portion thereof,
shall in any manner affect
the prosecution for violation of this Ordinance or a
violation of the previously
existing provisions or sections, nor be construed as a
waiver of any license, fee
or penalty at said effective
date and unpaid under either Ordinance, nor be construed as affecting any of
the provisions of these Ordinances relating to the
collection of any such license, fee or penalty, or the
penal provisions applicable
to any violation thereof, nor
to affect the validity of any
bond or cash deposit in lieu
thereof required to be
posted, filed or deposited
pursuant to any Ordinance,
and all rights and obligations thereunder shall continue in full force and effect.

PARAGRAPH FOUR
The previously existing
Sections 9.06.010 and
9.06.020 of the Shawnee
Municipal Code are hereby
repealed upon the effective
date of this Ordinance.

PARAGRAPH FIVE
Effective Date. This Ordinance shall take effect and
be in full force and effect
on and after publication in
an official City newspaper.

PASSED by the Governing
Body this 23rd of April,
2012.

APPROVED AND SIGNED by
the Mayor this 23rd day of
April, 2012.

/s/ Jeff Meyers
Jeff Meyers, Mayor

ATTEST:
/s/ Keith D. Campbell
Keith D. Campbell,
City Clerk

APPROVED AS TO FORM:
/s/ Marvin E. Rainey
Marvin E. Rainey,
City Attorney
________