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1979-020• o August 30, 1978 February 24, 1979 ORDINANCE NO.79 -20 AN ORDINANCE AMENDING TITLE 9 OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE (Drug Paraphernalia) WHEREAS, the President and Board of Trustees of the Village of Buffalo Grove, Cook and Lake Counties, Illinois, have determined and hereby finds that a problem exists within its municipal limits involving the exposure of children of Elementary, Junior High School and High School age to the use of drugs and controlled substances other than as authorized by law; and WHEREAS, the said Corporate Authorities have determined and here- by find that the display and availability for sale of certain instru- ments hereinafter enumerated contributes to the usage of drugs and controlled substances by the youth of the community by creating an atmosphere of apparent condonation by the business community; and WHEREAS, the said Corporate Authorities deem it to be in the in- terest of making the use of drugs and controlled substances more di- fficult in the absence of ready availability of necessary instruments in the possession of persons within the Village and within the best interest of the public safety, health, welfare and morals of the ci- tizens of Buffalo Grove; and WHEREAS, the Corporate Authorities have determined that the busi- ness of selling, offering for sale, or displaying instruments inten- ded for use in ingesting, smoking, administering or preparing con- trolled substances is an offensive and unwholesome business. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUS- TEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: SECTION 1: There is hereby added to the Municipal Code of the Vil- lage of Buffalo Grove, Illinois, Chapter 9.17, which is to read as follows: Chap't'er 9.17 Drug Paraphernalia Section 9.17.010 Definitions Unless the context otherwise requires, the following terms as used in this Chapter have the meanings ascribed to them. A. CONTROLLED SUBSTANCE: As used in this Chapter, controlled • o -2- substance means any drug or controlled substance as defined under any law of the State of Illinois or of the United States of America. B. INSTRUMENT: As used in this Chapter, Instrument means a de- vice used, designed for use, or intended for use in ingesting, smoking, administering or preparing cannabis, cocaine, phencycledine, opium or any derivative thereof, or any other controlled substance, and includes the following: (1) metal, wooden, acrylic, glass, stone, plastic or cer- amic marijuana (Cannabis Sativa) or hashish pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls; (2) water pipes designed for use or intended for use with marijuana (Cannabis Sa- tiva) hashish, hashish oil, or cocaine; (3) carburetion tubes and de- vices; (4) smoking and careburetion masks; (5) roach clips; (6) separa- tion gins designed for use or intended for use in cleaning marijuana; (7) cocaine spoons and vials; (8) chamber pipes; (9) carburetor pipes; (10) electric pipes; (11) air driven pipes; (12) chilams; (13) bongs; and (14) ice pipes or chillers. C. MINOR: As used in this Chapter, the term minor means any per- son who has not attained 18 years of age. Section 9.17.020 Prohibition A. It shall be unlawful for any minor to have, possess, sell, offer to sell, dispense or giveaway any instrument adapted for the use of smoking, inhaling or ingesting any controlled substance; pro- vided, however, that such instrument has been used for the purpose of smoking, inhaling or ingesting a controlled substance. B. It shall be unlawful for any person to sell or display any instrument as defined in this Chapter in or upon any premises which is open to minors or which permits minors to enter its premises. Section 9.17.030 Application The provisions of this Chapter shall not apply to: A. Any person who has been authorized by the Department of Mental Health and Developmental Disabilities, with the approval of the Department of Law Enforcement, to possess and deliver substances containing cannabis. B. Persons registered under Federal law to conduct re- search with cannabis. C. Any museum, library, school or other similar public place upon which business is not transacted for a profit. T y / - -3- Section 9.17.040 Violation Penalty A. Any person violating any provision of this Chapter shall be punished as provided in Section 1.08.010 of this Municipal Code. B. In addition to the penalty set forth in Section A of this section, any person convicted of a violation of this Chapter shall be subject to revocation of the business license, if any, issued by the Village to said person. C. A violation of this Chapter is hereby declared to be a public nuisance and shall be subject to abatement as provided by law. SECTION 2: EFFECTIVE DATE This Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. This ordinance may be published in pamphlet form. 5 - Rech, Bogart, 0, - None.. 1. 7- Ka.ndel AYES: Marienthal Stone, . NAYES• . . . . . . . . ABSENT; Mendenhall PASSED: this 5th day of March ,1979. APPROVED: this 5th day of March ,1979. PUBLISHED: this 6th day of Ma rch ,1979. APPROVED: ATTEST: VILLAGE L August 30, 1978 February 24, 1979 ORDINANCE NO.79 -20 AN ORDINANCE AMENDING TITLE 9 OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE (Drug Paraphernalia) WHEREAS, the President and Board of Trustees of the Village of Buffalo Grove, Cook and Lake Counties, Illinois, have determined and hereby finds that a problem exists within its municipal limits involving the exposure of children of Elementary, Junior High School and High School age to the use of drugs and controlled substances other than as authorized by law; and WHEREAS, the said Corporate Authorities have determined and here- by find that the display and availability for sale of certain instru- ments hereinafter enumerated contributes to the usage of drugs and controlled-substances by the youth of the community by creating an atmosphere of apparent condonation by the business community; and WHEREAS, the said Corporate Authorities deem it to be in the in- terest of making the use of drugs and controlled substances more di- fficult in the absence of ready availability of necessary instruments in the possession of persons within the Village and within the best interest of the public safety, health, welfare and morals of the ci- tizens of Buffalo Grove; and WHEREAS, the Corporate Authorities have determined that the busi- ness of selling, offering for sale, or displaying instruments inten- ded for use in ingesting, smoking, administering or preparing con- trolled substances is an offensive and unwholesome business. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUS- TEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: SECTION 1: There is hereby added to the Municipal Code of the Vil- lage of Buffalo Grove, Illinois, Chapter 9.17, which is to read as follows: Chapter 9.17 Drub Paraphernalia Section 9.17.010 Definitions Unless the context otherwise requires, the following terms as used in this Chapter have the meanings ascribed to them. A. CONTROLLED SUBSTANCE: As used in this Chapter, controlled -2- substance means any drug or controlled substance as defined under any law of the State of Illinois or of the United States of America. B. 'INSTRUMENT: As used in this Chapter, Instrument means a de- vice used, designed for use, or intended for use in ingesting, smoking, administering or preparing cannabis, cocaine; phencycledine, opium or any derivative thereof, or any other controlled substance, and includes the following: (1) metal, wooden, acrylic, glass, stone, plastic or cer- amic marijuana (Cannabis Sativa) or hashish pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls; (2) water pipes designed for use or intended for use with marijuana (Cannabis Sa- tiva) hashish, hashish oil, or cocaine; (3) carburation tubes and de- vices; (4) smoking and careburetion masks; (5) roach clips; (6) separa- tion gins designed for use or intended for use in cleaning marijuana; (7) cocaine spoons and vials; (8) chamber pipes; (9) carburetor pipes; (10) electric pipes; (11) air driven pipes; (12) chilams; (13) bongs; and (14) ice pipes or chillers. C. MINOR: As used in this Chapter, the term minor means any per- son who has not attained 18 years of age Section 9.17.020 Prohibition A. It shall be unlawful for any minor to have, possess, sell, offer to sell, dispense or give away any instrument adapted for the use of smoking, inhaling or ingesting any controlled substance; pro- vided, however, that such instrument has been used for the purpose of smoking, inhaling or ingesting a controlled substance. B. It shall be unlawful for any person to sell or display any instrument as defined in this Chapter in or upon any premises which is open to minors or which permits minors to enter its premises. Section 9.17.030 Application The provisions of this Chapter shall not apply to: A. Any person who has been authorized by the Department of Mental Health and Developmental Disabilities, with the approval of the Department of Law Enforcement, to possess and deliver substances containing cannabis. B. Persons registered under Federal law to conduct re- search with cannabis. C. Any museum, library, school or other similar public place upon which business is not transacted for a profit. -3- Section 9.17.040 Violation Penalty A. Any person violating any provision of this Chapter shall be punished as provided in Section 1.08.010 of this Municipal Code. B. In addition to the penalty set forth in Section A of this section, any person convicted of a violation of this Chapter shall be subject to revocation of the business license, if any, issued by the Village to said person. C. A violation of this Chapter is hereby declared to be a public nuisance and shall be subject to abatement as provided by law. SECTION 2: EFFECTIVE DATE This Ordinance shall be in full force and effect from and after its passage., approval and publication according to law. This ordinance may be published in pamphlet form. 5 - Rech, Bogart, 0 - None 1 - Kandel.... AYES: Marienthal, Stone, NAYES: ABSENT Mendenhall PASSED: this 5th day of March_ 11979. APPROVED: this 5th day of March ,1979. PUBLISHED: this 6th day of March _ 11979. APPROVED: G D ATTEST: VILLAGE L