Chapter 8.35
DRUG PARAPHERNALIA

Sections:

8.35.010    Definitions.

8.35.020    Sale of drug paraphernalia prohibited.

8.35.030    Injunction and abatement.

8.35.040    Forfeiture.

8.35.050    Repealed.

8.35.060    Severability.

8.35.010 Definitions.

As used in this chapter, the following terms shall have the meanings as defined herein:

“Controlled substance” means a drug, substance, or immediate precursor included in the schedules set out in AS 11.71.140 through 11.71.190.

“Drug paraphernalia” means all items, equipment, devices, products and materials of any kind which are used, or intended for use, 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 as defined herein.

“Person” means any individual, firm, corporation, business association or other entity.

“Sell” or “sale” means the commercial transfer of ownership, possession or use of drug paraphernalia in the regular course of a wholesale or retail business for consideration of any type. [Ord. No. 1681, §1, 10-21-13; Ord. No. 415, §1, 6-21-82. Code 1974 §28.10.010.]

8.35.020 Sale of drug paraphernalia prohibited.

It is unlawful and hereby declared to be a public nuisance for any person to sell, or possess with intent to sell, drug paraphernalia, knowing 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, except as specifically authorized and permitted under the provisions of AS Title 11, and by such rules and regulations as are adopted pursuant thereto. [Ord. No. 1681, §2, 10-21-13; Ord. No. 415, §1, 6-21-82. Code 1974 §28.10.030.]

8.35.030 Injunction and abatement.

The Ketchikan Gateway Borough may file an action in the superior court or other court of competent jurisdiction to enjoin the sale of, or possession with intent to sell, drug paraphernalia in violation of KGBC 8.35.020 and for an order providing for the abatement of such public nuisance and for forfeiture of such drug paraphernalia. [Ord. No. 415, §1, 6-21-82. Code 1974 §28.10.040.]

8.35.040 Forfeiture.

Any item sold, or possessed with the intent to sell, by any person, after a court has adjudicated such an item to constitute drug paraphernalia in violation of KGBC 8.35.020, shall be subject to forfeiture to the borough upon order of the court entered in the injunction proceedings provided for in KGBC 8.35.030, or in a separate forfeiture action instituted by the borough, and provided further, the court shall declare a forfeiture upon an adjudication by the court that such persons have continued to sell, or possess with intent to sell, drug paraphernalia after having been enjoined from the sale of, or possession with intent to sell, such drug paraphernalia by a court. [Ord. No. 415, §1, 6-21-82. Code 1974 §28.10.050.]

8.35.050 Noncriminal offense.

Repealed by Ord. 1681. [Ord. No. 415, §1, 6-21-82. Code 1974 §28.10.060.]

8.35.060 Severability.

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. [Ord. No. 415, §1, 6-21-82. Code 1974 §28.10.070.]