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O-07-28VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -07 -28 AN ORDINANCE AMENDING THE DEFINITION OF "DRUG PARAPHERNALIA" IN SECTION 15 -67 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 16th day of July , 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 16th day of July , 2007. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -07 -28 AN ORDINANCE AMENDING THE DEFINITION OF "DRUG PARAPHERNALIA" IN SECTION 15 -67 OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD WHEREAS, the Methamphetamine Manufacturing Chemical Retail Sale Control Act, 720 ILCS 647, has been repealed and replaced by a new statute, the Methamphetamine Control and Community Protection Act, 720 ILCS 646; and, WHEREAS, the definition of "Drug Paraphernalia" contained in Section 15 -67 of the Village Code contains references to the Methamphetamine Manufacturing Chemical Retail Sale Control Act that should be replaced by references to the new statute; 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 the definition of "Drug Paraphernalia" contained in Section 15 -67(e) of Article 9, Drug Paraphernalia, of Chapter 15 of the Municipal Code of the Village of Deerfield is hereby amended to read as follows. Additions are indicated by underlining and deletions are indicated by strikeout: (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 nanufaetur-ing ChenriEal Retail S e— Control pia. Community 1)rgtcction Act, 720 ILCS 64 -7 /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 Manufaeturing ri.e.Y.ieal retail Sale-Control and Community Protection 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. -2- (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. 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. SECTION 3: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provides y law. PASSED this 16th day of Jul AYES: Benton, Feldman, Jester, Ro$enthal, Seid NAYS: None (0) ABSENT: None (0) ABSTAIN: None (0) APPROVED this 16th d/ay of ATTEST: Vi age Clerk -3- 2007. Struthers (6) two ,'I il