G56-79 AN ORDINANCE Ordinance No. G56-79
PROHIBITING CERTAIN DRUG PARAPHERNALIA
WHEREAS, the General Assembly of the State of Illinois has recognized
the rising incidents in the use of drugs and other dangerous substances and
the resulting danger to the peace, health and welfare of the citizens of
the State of Illinois; and
WHEREAS, the General Assembly of the State of Illinois has further
established a regulatory system for the manufacture, distribution and
possession of marajuana and the uniform system for controll of the manufacture,
distribution and possession of controlled dangerous substances; and
WHEREAS, the City of Elgin is a home rule unit pursuant to the Constitu-
tion of the State of Illinois, 1970; and
WHEREAS, the City of Elgin as a home rule unit may exercise any power
and perform any function pertaining to its government and affairs; and
WHEREAS, the protection of the public health, safety and welfare of
residents of the City of Elgin is a matter pertaining to the government and
affairs of the City of Elgin; and
WHEREAS, regulation of the display, advertisement, manufacture, sale
and possession of items and instruments used in the administration of
marajuana and controlled substances is necessary to promote the public -
health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS:
Section 1. `That the following is hereby added to Title 10 of the
Elgin Municipal Code, 1976:
"10.20 Drug Paraphernalia
10.20.010 Definitions
A. Words or phrases as used in this chapter, unless otherwise
provided, shall be defined as provided in the Cannabis Control Act
and the Controlled Substances Act, Illinois Revised Statutes, 1977,
Sections 701-719 and 1100-1103.
B. Drug paraphernalia as used in this chapter means any
instrument, equipment, device or other object used to consume
or ingest cannabis or a controlled substance including but not
limited to water pipes, cannabis smoking pipes, cannabis
separators, cocaine spoons, cocaine cutting kits, stash vials,
roach clips, printed materials, recordings, or sound tapes
devoted wholly or substantially to advocating and describing
or illustrating the:use or consumption or ingestion of cannabis
or a controlled substance.
10.20.020 Prohibited Acts
It shall be unlawful for any person, firm or corporation to
manufacture, distribute, sell, offer for sale or possess any drug
paraphernalia, as herein defined, except as may be incidental to
the lawful manufacture, distribution, sale, offer for sale, or
possession as provided by state statute.
10.20.030 Penalty
Any person, firm or corporation violating any provisions of
this chapter shall be fined not less than five hundred dollars for
each offense.
10.20.040 Severability
If any provision, clause, sentence, paragraph, section,
subsection or other part of this ordinance, for any reason,
be adjudged to be unconstitutional or otherwise invalid by a
court of competent jurisdiction such judgment shall not affect,
impair or invalidate the remainder of this chapter, but shall
be confined in its operation to the provision, clause, sentence,
paragraph, section, subsection or other part directly involved
in the controversy in which such judgment shall have been
rendered. It is hereby declared to be the legislative intent
of the City Council of the City of Elgin that this ordinance
would have been adopted had any such judicially determined
unconstitutional or invalid provision, clause, sentence,
paragraph, section, subsection or part thereof not been
included."
Section 2. That this ordinance shall be in full force and effect from
and after its passage in the manner provided by law and shall be published
in pamphlet form by authority of the City Council of the City of Elgin.
s/ Richard L. Verbic
Richard L. Verbic, Mayor
Presented: September 12, 1979
Passed: September 12, 1979
Vote: Yeas 7 Nays 0
Recorded:
Published:
Attest:
s/ Marie Yearman
Marie Yearman, City Clerk