HomeMy WebLinkAboutOrdinance 87.16 Repealing Ordinance 78.03 and 78.04 and regulating possession and destruction of drug paraphernaliaORDINANCE NO. 87-16
AN ORDINANCE REPEALING TOWN ORDINANCE NUMBERS 78.03
AND 78.04 AND REPLACING SAME WITH AN ORDINANCE
REGULATING POSSESSION AND DESTRUCTION
OF DRUG PARAPHERNALIA
WHEREAS the Town Council of the Town of Marana, Arizona
did, on the 3rd day of July, 1978 enact Ordinance Number 78.03
and 78.04 relating to the possession of drug paraphernalia and
the destruction thereof; and
WHEREAS the State statutes incorporated thereunder have
since been modified by the Arizona State Legislature;
NOW, THEREFORE, BE IT ORDAINED by the Town Council of
the Town of Marana, that Ordinance Numbers 78.03 and 78.04 are
hereby repealed.
BE IT FURTHER ORDAINED as follows:
Section 1. It shall be unlawful for any person to keep
or exhibit any box pipe, cup, hypodermic needle, thing or
apparatus used for unlawfully smoking, eating, inhaling,
injecting or consuming any substance defined as a narcotic in
A.RoS. Section 13-3401 et seq., or any subsequent amendments
thereto.
Section 2. It shall be unlawful for any person to act
as a lookout or tender at any place where the acts as set forth
in Section 1 are practiced or carried on.
Section 3. A violation of Sections 1 or 2 of this
Ordinance shall constitute a Class 1 Misdemeanor.
Section 4. It shall be the duty of all police officers
of the Town to seize and safely keep all cups, pipes, apparatus,
boxes, hypodermic needles and things used for the purpose of
unlawfully eating, smoking, inhaling, injecting or otherwise
consuming any substance
Section 13-3401 et seq, or
produce the same in Court.
defined as a narcotic under A.R.S.
subsequent amendments thereto, and to
Said articles shall be retained until
a final disposition of any case in which they may be required as
evidence, to be then destroyed by Order of the Court. Nothing
herein contained shall prevent the destruction of such articles
at any time when the Magistrate may deem such articles no longer
required to be retained as evidence, or when they may be
otherwise destroyed pursuant to any applicable Arizona Revised
Statute.
Section 5. This Ordinance and the various sections
hereof are hereby declared to be severable. Should any section
or regulation of this Ordinance by declared by a Court of
competent jurisdiction to be unconstitutional or invalid, such
decision shall not affect the validity of the Ordinance as a
whole, or any portion thereof other than the section or
regulation so declared to be unconstitutional or invalid.
Section 6. WHEREAS the immediate operation of this
Ordinance is necessary for the preservation of the public peace,
health and safety of the Town of Marana, an emergency is hereby
declared to exist, and this Ordinance shall be in full force and
effect from and after its passage, adoption and approval by the
Town Council of the Town of Marana.
PASSED AND ADOPTED by the Town Council of the Town of
Marana this 1st day of September , 1987.
ATTEST:
MAYOR
TOWN CLER ~K// ~