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Home My WebLink AboutResolutions - 1986.12.11 - 10896#10 DflY07: September 11, 1986 MISC. RES. 86272 BY: COMMISSIONERS BETTY J. FORTINO AND JAMES A. DOYON RE: ORDINANCE #26 , PARAPHERNALIA ORDINANCE TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS MR. CHAIRPERSON, LADIES AND GENTLEMEN: WHEREAS, several communities within Oakland County have passed local ordinances to prohibit the sale and supplying of certain paraphernalia designed to facilitate the unlawful use of controlled substances, and WHEREAS, such sporadic prohibition of saidparaphernalia only moves the problem of its sale from one community to another within the County, and WHEREAS, a County ordinance prohibiting the sale of such paraphernalia would provide all of the citizens of Oakland County with the same protection and would provide for uniform enforcement of the ban on such paraphernalia. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners does hereby adopt the attached Ordinance #26, An Ordinance to Prohibit the Selling, Displaying, Furnishing, Supplying, or Giving Away of Certain Paraphernalia Designed to Facilitate the Unlawful Use or Administration _of Controlled Substances; and do hereby give Ordinance # 26 immediate effect upon its passage and publication. Mr. Chairperson, we move the adoption of the foregoing resolution. BETTY J. 'FORTINO, District #5 Chairperson 26 ORDINANCE NO. AN ORDINANCE TO PROHIBIT THE SELLING, DISPLAYING, FURNISHING, SUPPLYING, OR GIVING AWAY OF CERTAIN PARAPHERNALIA DESIGNED TO FACILITATE THE UNLAWFUL USE OR ADMINISTRATION OF CONTROLLED SUBSTANCES. THE COUNTY OF OAKLAND, STATE OF MICHIGAN ORDAINS: Section 1. Short -Title and Citation. This Ordinance shall be known and may be cited as the Paraphernalia Ordinance of the County of Oakland. Section 2. Definitions. The following words and phrases when used in this Ordinance shall, for the purposes of this Ordinance, have the meanings respectively ascribed to them in this section, except where the context clearly indicates a different meaning: a. "Cocaine spoon": A spoon with a bowl so small that the primary use for which it is reasonably adopted or designed is to hold or administer cocaine, and which is so small as to be unsuited for typical lawful uses of a spoon. A cocaine spoon may or may not be merchandised on a chain and may or may not be labled as a "cocaine" spoon or "coke" spoon. b. "Controlled Substance": Any drug, substance or immediate precursor enumerated in Schedules 1-5, Char 2, 1971 PA 196, as amended (commonly known as the Controlled Substances Act of 1971). c. "Marijuana or hashish pipe": A pipe characterized by a bowl which is so small that the primary use for which it is reasonably adopted or designed is the smoking of marijuana or hashish, rather than lawful smoking tobacco, and which may or may not be equipped with a screen. d. "Paraphernalia": An empty gelatin capsule, hypodermic syringe or needle, cocaine spoon, marijuana pipe, hashish pipe or any other instrument, implement, or device which is primarily adapted or designed for the administration or use of any controld substance. e. "Person": An individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, parternship or association. 'Section 3. It shall be unlawful for any person to sell, offer for sale, display, furnish, supply or give away any empty gelatin capsule, hypodermic syringe or needle, cocaine spoon, marijuana pipe, hashish pipe, or any other instrument, implement or device which is primarily adapted or designed for the administration or use of any controlled substance as enumerated in Schedules 1-5, Chapter 2, 1971 PA 196, as , amended, (commonly known as the Controlled Substances Act of 1971). The prohibition contained in this section shall not apply to manu- facturers, wholesalers, jobbers, licensed medical technicians, techno- logists, nurses, doctors, osteopathic physicians, dentists, chiropodists, veterinarians, phaLmacists or embalmers in the noLmal,lawful course of their respective businesses or professions, nor to coullimn carriers or warehousers or their employees engaged in the lawful transportation of such paraphernalia, nor to public officers or employees while engaged in the performance of their official duties, nor to persons suffering from diabetes, asthma, or any medical condition requiring self injection. Section 4.- Penalties. A person who violates any provision or pro- visions of this Ordinance, upon conviction shall be punished with a fine not exceeding Five Hundred ($500.00) Dollars, or imprisonment in the County Jail of Oakland County, Michigan, for a period not to exceed ninety (90) days, or both, in the discretion of the Court. Each day of the violation shall be considered a Separate offense. . Section 5. Construction; Severability. It is the intent of the Oakland County Board of Commissioners that all provisions and sections, clauses and sentences of the Ordinance be liberally construed, and should any provision, section, clause or sentence be held unconstitutional or invalid, such holding shall not be construed as affecting the validity of any of the remaining provisions, sections, clauses or sentences; it being the intent that this Ordinance shall stand notwithstanding the validity of any provision, section clause or sentence. Section 6. Catchline Headings. The catchline headings of this Ordinance shall in no way be considered to be a part of the respective sections or of this Ordinance but are inserted herein for purposes of convenience. Section 7. Effective Date of Ordinance and Publication. This Ordinance being necessary for the public welfare, health and safety, shall take effect immediately upon the passage and publication thereof. Made and passed by the Board of Commissioners of the County of Oakland and State of Michigan this day of 1986 . A.D. REPORT September 17, 1986 By: HEALTH AND HUMAN SERVICES COMMITTEE--Nancy McConnell, Chairperson In Re: Miscellaneous Resolution #86272, Ordinance #26, Paraphernalia Ordinance To the Oakland County Board of Commissioners Mr. Chairperson, Ladies, and Gentlemen: The Health and Human Services Committee, having reviewed the above- referenced resolution, reports with the recommendation that the resolution be adopted with the following amendment: add a paragraph which reads "BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners requests the State of Michigan to enact similar legislation and that copies of this resolution be sent to the appropriate committees of the state legislature." Mr. Chairperson, on behalf of the Health and Human Services Committee, I move the acceptance of the foregoing report. Health and Human Services Committee REPORT October 27, 1986 By: GENERAL GOVERNMENT COMMITTEE--John E. Olsen, Chairperson In Re: Miscellaneous Resolution #86272, Ordinance #26, Paraphernalia Ordinance To the Oakland County Board of Commissioners Mr. Chairperson, Ladies, and Gentlemen: The General Government Committee, having reviewed the above- referenced resolution, reports with the recommendation that the resolution be adopted. Mr. Chairperson, on behalf of the General Government Committee, I move the acceptance of the foregoing report. General Government Committee Resolution # 86272 December 11, 1986 Moved by Fortino supported by Pernick that Resolution #86272 be taken from the Table. AYES: Hobart, R. Kuhn, S. Kuhn, Lanni, Law, McConnell, McDonald, McPherson, Moffitt, Nelson, Olsen, Page, Perinoff, Pernick, Price, Rewold,' Rowland, Skarritt, Webb, Wilcox, Aaron, Caddell, Calandro, Doyon, Fortino, Gosling, Hassberger. (27) NAYS: None. (0) A sufficient majority having voted therefor, the motion carried. Moved by Fortino supported by Doyon the resolution be adopted. AYES: R. Kuhn, S. Kuhn, Lanni, Law, McConnell, McDonald, McPherson, Moffitt, Nelson, Olsen, Page, Perinoff, Pernick, Price, Rewold, Rowland, Skarritt, Webb, Wilcox, Aaron, Calandro, Doyon, Fortino, Gosling, Hassberger, Hobart. (26) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MiChliG.AN)_ COUNTY OF OAKLAND) 1, Lynn D. Allen, Clerk of the County. of Oakland and having a seal, do hereby certify that 1 have compared the annexed copy. of Miscellaneous Resolution adopted by the Oakland County Board of Caultissioners at their meeting held on December 11 1986 with the original record thereof now remaining in my office, and that it i.a true and correct transcript therefrom, and of the whole thereof. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County at Pontiac, Michigan .• this 11th day of December 1986 Lyn71716: Allen, Court Clerk Regi ster of Deeds: