INC NEWS - Why are we aiding addition in Greensboro?

[Rev. Melvin Whitley]

Greensboro pass a ordinances 4 years ago banning drug paraphernalia. Now dealers are buying the glass pipe (glass stem) for $.18 cents here in Durham selling  them on the street of Greensboro for $5.dollars.  Law enforcement can't fight this war alone and win. They must have community to step up and show up. Let' take a "pipe" out of Crime. I was told by North Carolina Crime Control and Public Safety that "North Carolina is the distribution capitol for crack cocaine, and crank methamphetamine for the East Coast." They used these glass pipe (glass stem) inhale the smoke and it's legal to sell here in Durham. Please vote to add these and similar glass tubes to the list of banned drug paraphernalia in Durham County.  (see ordinances below) 
 Information about the ban on the sale of drug stems can be found at
http://www.municode.com. Then click on Online Library and go to map and
click on the state you want (NC). Then scroll down to Greensboro and
click on it. Once you're at Greensboro's code, go to Chapter 18, Article
III, Sec.18-47. If you have any further questions, feel free to contact
LaMont Taylor, Planning Information Specialist at (336)373-2753.


Greensboro North Carolina

ARTICLE III. OFFENSES AGAINST PUBLIC PEACE AND ORDER*

Sec. 18-47. Sale of drug stem intended for illegal drug use.

 

(a)   The sale of drug stems intended for illegal use is deemed and declared to constitute a detriment, danger and hazard to the health, safety, morals and general welfare of the inhabitants of the city and is declared to be a civil violation subject to civil penalty.

(b)   Definitions.  The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:  

Controlled substance  means any substance controlled by the North Carolina Controlled Substances Act as set forth in G.S. 90-86 et seq.  

Drug stem  means objects that facilitate the ingestion and/or inhalation of crack cocaine, crank methamphetamine or any other controlled substance as defined by the North Carolina Controlled Substances Act. A "drug stem" is further defined as a two- to six-inch-long tube, one-eighth-inch to three-quarter-inch in diameter and that is made of glass, metal or ceramic or any other material. Drug stems include, but are not limited to, glass vials or tubes which may contain novelty items of insignificant value or may contain items that are not, in the normal course of business, packaged in such a manner.  

Sell  and  sale  mean the commercial transfer of ownership, possession or use of a drug stem in the regular course of wholesale or retail business for consideration of any type.  

(c)   Determination.  In determining whether an object is a drug stem, the following factors, in addition to all other relevant evidence, may be considered:  

(1)   Statements by any person, owner, or by anyone in control of the object concerning its use.

(2)   Prior convictions, if any, of any person, owner, or of anyone in control of the object, for violation of the federal or state controlled substances acts.

(3)   The proximity of the drug stem, in time and space, to a controlled substance.

(4)   The existence of any residue of a controlled substance on the drug stem.

(5)   The proximity of the drug stem to other drug paraphernalia as defined by the North Carolina Drug Paraphernalia Act as set forth in G.S. 90-113.20 et seq.

(6)   Instructions, oral or written, provided with the drug stem concerning its use.

(7)   Descriptive materials accompanying the drug stem explaining or depicting its use.

(8)   Advertising concerning its use.

(9)   The manner in which the drug stem is displayed for sale.

(10)   The existence and scope of legitimate uses of the drug stem in the community.

(11)   Expert testimony concerning whether the drug stem is primarily used for introducing a controlled substance into the human body.

(12)   The intent of the owner or other person in control of the drug stem to deliver it to persons whom he knows or reasonably should know intends to use the object to facilitate a violation of the North Carolina Controlled Substances Act.

(13)   Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise.

(d)   Sale of drug stem.  It is a violation of this section for any person or retail establishment to sell, or to possess with intent to sell, a drug stem knowing that it will be used to ingest, inhale or otherwise introduce into the human body a controlled substance.  

(e)   Defense.  It is a defense to a violation of this section that the drug stem is primarily designed and used for a legitimate purpose unrelated to the ingestion of a controlled substance into the human body.  

(f)   Enforcement.  The enforcement to this section is vested in the Greensboro Police Department.  

(g)   Penalty; additional remedies.  The penalty and remedies for violation of this section shall be as follows:  

(1)   Civil penalty; injunctive relief.  Any person who violates any subsection of this section shall be subject to a civil penalty of one hundred dollars ($100.00) for each violation or injunctive relief to restrain the person from continuing the violation or threat of violation, or both injunctive relief and a civil penalty. Upon application for injunctive relief and a finding that a person is violating or threatening to violate any subsection of this section, the superior court shall grant injunctive relief to restrain the violation. Failure to pay the civil penalty or file an appeal within thirty (30) days after notification of the violation shall result in an additional penalty of one hundred dollars ($100.00). The city shall establish procedures for the collection of the civil penalties and may enforce the penalties by a civil action in the nature of a debt.  

Civil penalties assessed under this section are considered restorative; intended to provide compensation to the city for costs associated with the city's program to monitor, control, prosecute, cure and/or correct the violation. As such, the amount declared herein is presumed to provide sufficient restoration to the city for its costs.

The assessment of civil penalties herein is not intended to be an exercise of powers delegated to other agencies or entities created by the General Assembly to regulate the proscribed conduct.

(2)   Continuing violations.  Each day of violation of any subsection of this section shall constitute a separate offense.  

(3)   Forfeiture of drug stem.  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 as defined by this section, shall be subject to forfeiture of the drug stem to the city upon order of the court entered in any injunction proceedings instituted under the authority of this section or in a separate forfeiture action instituted by the city.  

(4)   Responsible parties.  The owner or occupant of any land, building, structure, sign, use of land, or part thereof, and any contractor, employee, agent, or other person who participates or acts in concert, assists, directs, creates, or maintains any condition that is in violation of this section may be held responsible for the violation and subject to the civil penalties and remedies provided herein.  

(g)   Nonjudicial administrative hearing.  The City of Greensboro shall establish an administration process to review objections to citations or penalties issued or assessed. A notice requesting a hearing to review objections shall be filed within thirty (30) days after notification of the violation. The individual desiring a hearing must post a bond equal to the amount of the civil penalty at the time of the request for a hearing. The determination of the hearing officer will be final. The decision of the hearing officer shall be hand delivered ormailed to the violator. Whenever the decision of the hearing officer upholds the civil penalty violation, the violator shall pay the civil penalty of one hundred dollars ($100.00) within thirty (30) days after the final determination as indicated by the date on the determination. The hearing officer's decision is subject to review in the superior court of the county by proceedings in the nature of certiorari.  

(Ord. No. 05-79, § 1, 4-19-05)

Your Servant
Rev. Melvin Whitley
2614 Harvard Ave
Durham NC  27703
(919) 596-9691 - Home
(919) 308-2844 - Cell
tellmelvin at nc.rr.com 
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