45-438-Ordinance No. 82-022 Recorded 12/29/1982L
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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Prohibiting the * F r L E
Display of Drug Paraphernalia
to a minor; Declaring an * J
Emergency, and Providing an * 29 1982
Effective Date. * ROSE
~ESCH T SR COUNTY ~ON
ORDINANCE NO. 82-022 ER,
WHEREAS, the Board of County Commissioners finds and declares
that the display of drug paraphernalia to minors results in the
encouragement of the illegal use of controlled substances by mak-
ing the drug culture more visible and enticing; and
WHEREAS, the ready availability of drug paraphernalia to
minors will tend to promote, suggest, or increase the accepta-
bility of the illegal uses of controlled substances; and
WHEREAS, it is appropriate to protect and promote the health,
safety and welfare of minors by prohibiting the display of drug
paraphernalia to minors in conjunction with the prohibition of
sale of drug paraphernalia to minors under ORS 163.575; now,
therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. Definitions. For the purposes of this Ordinance,
the following definitions apply.
A. "Controlled Substance" means a drug or its immediate
precursor classified in Schedules I through V under the Federal
Controlled Substances Act, 21 USC SS811 to 812, as modified under
ORS 475.035; a drug as defined in ORS 475.005(13), and marijuana,
as defined in ORS 475.005(15).
B. "Drug Paraphernalia" means:
1. Any machine, instrument, tool, equipment, or device
which is primarily adapted, designed, and intended for one or more
of the following:
a. To introduce into the human body any con-
trolled substances under circumstances in violation of the laws of
the State;
b. To enhance the effect on the human body of any
controlled substance under circumstances in violation of the laws
of the State;
1 - ORDINANCE NO. 82-022
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C. To conceal any quantity of any controlled
substance under circumstances in violations of the laws of the
State;
d. To test the strength, effectiveness, or purity
of any controlled substance under circumstances in violation of
the laws of the State; and
2. Those items set forth in ORS 163.575(e)(A) through
163.575(e)(G).
Section 2. Display to Minors Prohibited.
A. It shall be a violation to knowingly display drug para-
phernalia in any building, location, or premises open to the
public in an area where minors may enter or remain.
B. The display of drug paraphernalia to minors shall con-
stitute a Class A infraction.
Section 3. Display To Adults.
A. Drug paraphernalia may be lawfully displayed to adults,
provided minors are not permitted on the premises. In lieu of
prohibiting the entry of minors on the premises, a person may dis-
play drug paraphernalia to an adult provided such display is in an
area within the premises not open to the entry of minors.
B. Allowing a minor to enter an area within a premises not
open to the entry of minors where drug paraphernalia is displayed
to adults shall constitute a Class A infraction.
Section 7. Emergency and Effective Date. This Ordinance
being necessary for the immediate preservation of public peace,
health and safety, an emergency is declared to exist, and this
Ordinance takes effec on January 1, 1983.
DATED this ~ day of oc.~y~t ~R. 1982.
BOARD OF COUNTY COMMISSIONERS
OF D S VES COUNTY E
14 &114
CLAY EP , Ch i man
ATTEST:
' AL RT A. YOUN , Comm' oner
SUSAN STONEMAN
Recording Secretary OBERT C. PAULSON, JR., C sion r
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