O-07-05VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -07 -05
AN ORDINANCE AMENDING CHAPTER 15, MORALS AND CONDUCT,
OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
5th day of February , 2007.
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
5th day of February , 2007.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -07 -05
AN ORDINANCE AMENDING CHAPTER 15, MORALS AND CONDUCT,
OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD
WHEREAS, the sale and delivery of an item or device intended to be used for the unlawful
growing, manufacturing, processing, use and consumption of cannabis or controlled substances
( "drug paraphernalia ") is outlawed under the Illinois Drug Paraphernalia Control Act (720 ILCS
600/1 et. seq.) and is punishable as a Class 4, Class 3 or Class 2 felony; and
WHEREAS, the possession of drug paraphernalia intended to be used for unlawfully
ingesting, injecting, inhaling or otherwise introducing cannabis or controlled substances into the
human body is outlawed under the Illinois Drug Paraphernalia Control Act (720 U CS 600/1 et. seq.)
and is punishable as a Class A misdemeanor; and
WHEREAS, the Chief of Police of the Deerfield Police Department has recommended that
the Village of Deerfield adopt a municipal ordinance prohibiting the sale, delivery and possession of
drug paraphernalia to provide the police department with an additional means of deterring and
responding to the unlawful use of cannabis or controlled substances in the Village of Deerfield; and
WHEREAS, the corporate authorities of the Village of Deerfield are of the opinion that the
public health, safety and welfare will be served by the enactment of this ordinance prohibiting the
sale, delivery and possession of drug paraphernalia in the Village of Deerfield;
NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in
the exercise of its home rule powers, as follows:
SECTION 1: That Chapter 15, entitled "Morals and Conduct," of the Municipal Code of the
Village of Deerfield, Illinois, is amended by adding the following as Article 9 thereof entitled "Drug
Paraphernalia ":
ARTICLE 9. DRUG PARAPHERNALIA
Sec. 15-67. Definitions: As used in this Article, unless the context clearly indicates
otherwise, the following words and phrases shall have the meaning ascribed to them
in this Section:
(a) "Cocaine Spoon ": A spoon with a bowl so small that the primary use for
which it is reasonably adapted or designed is to hold or administer cocaine,
and which is so small as to be unsuited for the typical, lawful uses of a spoon.
A cocaine spoon may or may not be merchandised on a chain and may or
may not be labeled as a "cocaine" spoon or "coke" spoon.
(b) "Cannabis ": The term "cannabis" shall have the meaning ascribed to it in
Section 3 of the Cannabis Control Act, 720 ILCS 550/3, as if that definition
were incorporated herein.
(c) "Controlled Substance ": The term "controlled substance" shall have the
meaning ascribed to it in Section 102 of the Illinois Controlled Substance
Act, 720 ILCS 570/102, as it that definition were incorporated herein.
(d) "Deliver" or "Delivery": The term "deliver" or "delivery" means the actual,
constructive or attempted transfer of possession, with or without
consideration, whether or not there is an agency relationship.
(e) "Drug Paraphernalia ": The term "drug paraphernalia" means all items,
devices, equipment, products and materials of any kind, other than
methamphetamine manufacturing materials as defined in Section 10 of the
Methamphetamine Manufacturing Chemical Retail Sale Control Act, 720
ILCS 647/10, which are used or intended to be used unlawfully in planting,
propagating, cultivating, growing, harvesting, manufacturing, compounding,
converting, producing, processing, preparing, testing, analyzing, packaging,
repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or
otherwise introducing into the human body a controlled substance in violation
of the .Cannabis Control Act, the Illinois Controlled Substances Act, or the
Methamphetamine Manufacturing Chemical Retail Sale Control Act. The
term includes but is not limited to:
(1) Kits used or intended to be used unlawfully in manufacturing,
compounding, converting, producing, processing, or preparing
cannabis or a controlled substance;
(2) Isomerization devices used or intended to be used unlawfully in
increasing the potency of any species of plant that is cannabis or a
controlled substance;
(3) Testing equipment used or intended to be used unlawfully in a private
home for identifying or in analyzing the strength, effectiveness or
purity of cannabis or controlled substances;
(4) Diluents and adulterants used or intended to be used unlawfully for
cutting cannabis or a controlled substance by private persons;
(5) Objects used or intended to be used unlawfully in ingesting, inhaling,
or otherwise introducing cannabis, cocaine, hashish, or hashish oil
into the human body, including, where applicable, the following
items:
a. Water pipes;
b. Carburetion tubes and devices;
c. Smoking and carburetion masks;
d. Miniature cocaine spoons, and cocaine vials;
e. Carburetor pipes;
f. Electric pipes;
g. Air -driven pipes;
h. Chillums;
i. Bongs;
j. Ice pipes or chillers.
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(6) any item whose purpose, as announced or described by the seller, is
for use in violation of this Ordinance.
(7) "Marijuana or Hashish Pipe ": A pipe characterized by a bowl which
is so small that the primary use for which it is reasonably adapted 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.
Sec. 15 -68. Possession of Drug Paraphernalia:
It is unlawful for any person to use drug paraphernalia, or to possess drug
paraphernalia with intent to use it, to plant, propagate, cultivate, grow, harvest,
manufacture, compound, convert, produce, process, prepare, test, analyze, pack,
repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the
human body a controlled substance in violation of the Controlled Substances Act.
Sec. 15 -69. Manufacture or Delivery of Drug Paraphernalia:
It is unlawful for any person to manufacture, market or deliver drug paraphernalia
knowing or intending that it will be used to plant, propagate, cultivate, grow, harvest,
manufacture, compound, convert, produce, process, prepare, test, analyze, pack,
repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the
human body a controlled substance in violation of the Illinois Revised Statutes as
amended.
Sec. 15 -70. Delivery of Drug Paraphernalia to a Minor; Penalty:
Any person eighteen (18) years of age or over who violates Section 15 -69 by
delivering drug paraphernalia to a person under eighteen (18) years of age who is at
least three (3) years his junior is guilty of the offense of delivery to a minor which
shall be punishable by a fine of not less than Two Hundred Dollars ($200.00) and not
more than One Thousand Dollars ($1,000.00).
Sec. 15 -71. Advertisement of Drug Paraphernalia:
It is unlawful for any person to place in any newspaper, magazine, handbill, or other
publication any advertisement, knowing that the purpose of the advertisement, in
whole or in part, is to promote the sale of objects designed or intended for use as drug
paraphernalia.
Sec. 15 -72. Exemptions: This section shall not apply to the following items:
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(a) Items marketed for use in, and/or customarily used in, the preparation,
compounding, packaging, labeling, or other use of cannabis or a controlled
substance as an incident to lawful research, teaching, or chemical analysis
and not for sale;
(b) Items marketed for, or historically and customarily used in connection with,
the planting, propagating, cultivating, growing, harvesting, manufacturing,
compounding, converting, producing, processing, preparing, testing,
analyzing, packaging, repackaging, storing, containing, concealing, injecting,
ingesting, or inhaling of tobacco or any other lawful substance. Items exempt
under this subsection include, but are not limited to, garden hoes, rakes,
sickles, baggies, tobacco pipes, and cigarette rolling papers;
(c) Items listed in Section 15 -67 that are marketed for decorative purposes, when
such items have been rendered completely inoperable or incapable of being
used for any illicit purpose prohibited by this section.
(d) In determining whether or not a particular item is exempt under this
subsection, the following factors may be considered:
(1) the general, usual, customary, and historical use to which the item
involved has been put;
(2) expert evidence concerning the ordinary or customary use of the item
and the effect of any peculiarity in the design or engineering of the
device upon its functioning;
(3) any written instructions accompanying the delivery of the item
concerning the purposes or uses to which the item can or may be put;
(4) any oral instructions provided by the seller of the item at the time and
place of sale or commercial delivery;
(5) any national or local advertising concerning the design, purpose or
use of the item involved, and the entire context in which such
advertising occurs;
(6) the manner, place and circumstances in which the item was displayed
for sale, as well as any item or items displayed for sale or otherwise
exhibited upon the premises where the sale was made;
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(7) whether the owner or anyone in control of the object is a legitimate
supplier of like or related items to the community, such as a licensed
distributor or dealer of tobacco products;
(8) the existence and scope of legitimate uses for the object in the
community.
Sec. 15 -73. Forfeiture.of Drug Paraphernalia:
(a) Every item of drug paraphernalia as defined in Section 15 -67 of this Article
found in this Village is contraband and shall be. subject to seizure, forfeiture
and destruction by the Village.
(b) Every item of drug paraphernalia located in the Village may be seized
without process incident to an arrest, or if there is probable cause for
determining that the item is contraband.
(c) If, within sixty (60) days after any seizure pursuant to subparagraph (b) of this
section, a person having any property interest in the seized property is
charged with an offense, the court which renders judgment upon such charge
shall, upon written petition by the Village, conduct a forfeiture hearing to
determine whether such property was contraband at the time of seizure.
Written notice of the date, time and place of such hearing shall be mailed to
every such person determined by the Village to have any property interest in
the seized property by certified mail at least ten (10) days before such date.
Every such person may appear as a party and present evidence at such
hearing. If the court determines that the seized property was contraband at
the time of seizure, an order of forfeiture and disposition of the seized
property shall be entered. Forfeited paraphernalia devices shall be received
by the chief of police, who shall effect its destruction, except that valuable
parts thereof may be liquidated and the resultant money shall be deposited in
the general fund of the Village. Forfeited money and other things of value
shall be received by the chief of police and, upon liquidation, shall be
deposited in the general fund of the Village. Such order of forfeiture and
disposition shall, for the purposes of appeal, be a final order and judgment in
a civil proceeding.
(d) If a seizure pursuant to subparagraph (b) of this section is not followed by a
charge pursuant to subparagraph (c) of this section, or if the prosecution of
such charge is permanently terminated or indefinitely discontinued without
any judgment of conviction or acquittal, the Village attorney may commence
an in rem proceeding in the Circuit Court of Lake County for the forfeiture
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and destruction of a paraphernalia device, or for the forfeiture and deposit in
the general fund of the Village of any seized money or other thing of value.
Sec. 15 -74: Penalties: Except as provided in Section 15 -73, any person determined
to have violated this Article shall be subject to a fine of not less than One Hundred
Dollars ($100.00) and not more than One Thousand Dollars ($1,000.00) for each
offense.
Sec. 15-75: Severability: If any provision of this Article or the application thereof to
any person or circumstance is held unlawful or otherwise invalid, such invalidity
shall not affect other provisions or applications of the Article which can be given
effect without the invalid provision or application, and to this end each such invalid
provision or application of this Article is severable from the remainder of this Article.
SECTION 2: That this Ordinance, and each of its terms, shall be the effective legislative act
of a home rule municipality without regard to whether such Ordinance should: (a) contain terms
contrary to the provisions of current or subsequent non - preemptive state law; or, (b) legislate in a
manner or regarding a matter not delegated to municipalities by state law. It is the intent of the
corporate authorities of the Village of Deerfield that to the extent that the terms of this Ordinance
should be inconsistent with any non - preemptive state law, this Ordinance shall supersede state law in
that regard within its jurisdiction.
[This Space Left Blank Intentionally]
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SECTION 3: That this Ordinance shall be in full force and effect from and after its passage,
approval and publication in pamphlet form as provided by law.
PASSED this 5th day of February , 2007.
AYES: Benton, Feldman, Rosenthal, Seiden, Struthers (5)
NAYS: None (0)
ABSENT: Wylie (1)
ABSTAIN: None (0)
APPROVED this 5th day of February , 2007.
Village Presid t ?2o T�M�
ATTEST:
Village Clerk
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