Ordinance No. 95-80-19 v ORDINANCE 95-80-19
AN ORDINANCE ADDING TO CHAPTER 14 OF THE CODE
OF ORDINANCES OF THE CITY OF ATLANTIC BEACH,
FLORIDA, PROHIBITING THE SELLING, DISPLAYING,
FURNISHING, SUPPLYING, OR GIVING AWAY OF CER-
TAIN PARAPHERNALIA DESIGNED TO FACILITATE THE
UNLAWFUL USE OR ADMINISTRATION OF CONTROLLED
SUBSTANCES.
BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
Section 1. This ordinance shall be known as the paraphernalia ordinance
of the City of Atlantic Beach.
Section 2. The following words and phrases when used in this ordinance
shall, for the purposes of this ordinance, have the meanings respectively
ascribed to them in this section, except where the context clearly indicates
a different meaning:
(1) "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 labeled as a "cocaine" spoon or "coke" spoon.
(2) "Controlled substance": Any drug or substance named or described
in Schedules I-V of Chapter 893.03 as amended, commonly known
as the Florida Comprehensive Drug Abuse Prevention and Control
Act.
(3) "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.
(4) "Paraphernalia": An empty gelatin capsule, hypodermic syringe or
needle, cocaine spoon, marijuana pipe, hashish pipe, or any other
instrument, implement, or device which is primarily adapted or
designed for the administration or use of any controlled substance.
(5) "Person": An individual, corporation, government or governmental
subdivision or agency, business trust, estate, trust, partnership
or association.
Section 3. It shall be unlawful for any person to sell, offer for sale,
display, furnish, supply or give away any empty gelatin capsule, hypodermic
syringe, or needle, cocaine spoon, marijuana pipe, hashish pipe, or any other
instrument, implement or device which is primarily adapted or designed for the
administration or use of any controlled substance as enumerated in Schedules I-V
of Chapter 893.03 as amended, commonly known as the Florida Comprehensive Drug Abuse
Prevention and Control Act.
The prohibition contained in this section shall not apply to manufacturers,
wholesalers, jobbers, licensed medical technicians, technologists, nurses,
hospitals, research teaching institutions, clinical laboratories, medical doctors,
osteopathic physicians, dentists, chiropodists, veterinarians, pharmacists or
embalmers in the normal lawful course of their respective businesses or
professions, nor to common carriers or warehousers or their employees engaged in
the lawful transportation of such paraphernalia, nor to public officers or
employees while engaged in the performance of their official duties, nor to
persons suffering from diabetes, asthma, or any other medical condition requiring
self injection.
Section 4. A person who violates any provision or provisions of this
ordinance, upon conviction, shall be punished with a fine not exceeding Five
Hundred ($500.00) Dollars, or imprisonment for a period not to exceed ninety
(90) days, or both, in the discretion of the Court. Each day of the violation
shall be considered a separate offense.
Section 5. It is the legislative intent that all provisions and sections,
clauses and sentences of the ordinance be liberally construed, and should any
provision, section, clause or sentence be held unconstitutional or invalid, such
holding shall not be construed as affecting the validity of any of the remaining
provisions, sections, clauses or sentences, it being the intent that this
ordinance shall stand notwithstanding the validity of any provision, section,
clause or sentence.
Section 6. All ordinances or parts of ordinances in conflict herewith
be and the same are, to the extent of such conflict, hereby repealed.
Section 7. Effective Date. This ordinance shall become effective
immediately upon its final passage.
* * * * * * * * * * * * * * * * * * *
Passed by the City Commission on First Reading January 28, 1980 •
Passed by the City Commission on Second Reading February 11, 1980 •
Passed by the City Commission on Third & Final Reading February 25, 1980 •
ATTEST:
(SEAL)
Adelaide R. Tucker
City Clerk