For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   CANNABIS. Shall have the meaning ascribed to it in § 3 of the Cannabis Control Act (720 ILCS 550/3), as if that definition were incorporated herein.

   CONTROLLED SUBSTANCE. Shall have the meaning ascribed to it in § 102 of the state’s Controlled Substances Act (720 ILCS 570/102), as if that definition were incorporated herein.

   DELIVER or DELIVERY. The actual constructive or attempted transfer of possession, with or without consideration, whether or not there is an agency relationship.

   DRUG PARAPHERNALIA. All equipment, products, and materials of any kind which are peculiar to and marketed 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 cannabis or a controlled substance in violation of the Cannabis Control Act or the state’s Controlled Substance Act (720 ILCS 550/1 et seq., 720 ILCS 570/100 et seq.). It includes, but is not limited to:

      (1)   Kits peculiar to and marketed for use in manufacturing, compounding, converting, producing, processing or preparing cannabis or a controlled substance;

      (2)   Isomerization devices peculiar to and marketed for use in increasing the potency of any species of plant which is cannabis or a controlled substance;

      (3)   Testing equipment peculiar to and marketed for private home use in identifying or in analyzing the strength, effectiveness, or purity of cannabis or controlled substances;

      (4)   Diluents and adulterants peculiar to and marketed for cutting cannabis or a controlled substance by private persons; and

      (5)   Objects peculiar to and marketed for use in ingesting, inhaling, or otherwise introducing cannabis, cocaine, hashish, or hashish oil into the human body, where applicable, the following items: water pipes; carburetion tubes and devices; smoking and carburetion masks; miniature cocaine spoons and cocaine vials; carburetor pipes; electric pipes; air-driven pipes; chillums; bongs; ice pipes or chillers; and any item whose purpose, as announced or described by the seller, is for use in violation of this section.

(Ord. 777, passed 8-7-1997)  Penalty, see § 131.99

   (A)   A person who knowingly possesses an item of drug paraphernalia with the intent to use it in ingesting, inhaling, or otherwise introducing cannabis or a controlled substance into the human body, or in preparing cannabis or a controlled substance for that use, is guilty of an ordinance violation.

   (B)   In determining intent under division (A) above, the trier of fact may take into consideration the proximity of the cannabis or controlled substance to drug paraphernalia or the presence of cannabis or a controlled substance on the drug paraphernalia.

(Ord. 777, passed 8-7-1997)  Penalty, see § 131.99

This chapter shall not apply to the following:

   (A)   Items marketed for use 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, packing, repackaging, storing, containing, concealing, injecting, ingesting, or inhaling of tobacco or any other lawful substance. Items exempt under this division (B) include, but are not limited to, garden hoes, rakes, sickles, baggies, tobacco pipes, and cigarette rolling papers; and

   (C)   Items listed in this section which 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.

(Ord. 777, passed 8-7-1997)

   (A)   Property subject to forfeiture under this section may be seized by any peace officer upon process issued by any court having jurisdiction over the property. Judgments in favor of the state in a criminal or forfeiture proceeding based upon this section against a person’s specific property shall serve as process authorizing a police officer to seize such property without further process.

   (B)   Seizure by a police office may be made without process:

      (1)   If there is probable cause to believe that the property is directly dangerous to health or safety and existing circumstances do not allow reasonable time for the officer to obtain lawful process;

      (2)   In accordance with the provisions of The Code of Criminal Procedure of 1963, as amended;

      (3)   The presence of items which are deemed violative of this section or are otherwise subject to its forfeiture provisions in an inventory shall not subject the entire inventory to seizure of forfeiture;

      (4)   Property taken or detained under this section shall not be subject to replevin, but is deemed to be in the custody of the law enforcement department or agency employing the seizing officer, subject only to the order or judgments of the circuit court having jurisdiction over the forfeiture proceedings. When property is seized under this section, the chief administrative officer of the seizing department or agency may place the property under seal, or remove the property to a place designated by him or her;

      (5)   No disposition may be made of property under seal until the validity of the seizure has been determined in a circuit court, unless such court upon application therefore, orders the sale of perishable substances and the deposit of the proceeds of the sale with the clerk of the court. The circuit court shall rule on the validity of the seizure within 30 days after the seizure, unless a continuance is obtained by a person from whom the items were seized or a person who otherwise has standing to complain, or by the state for good cause shown. In no event shall a continuance be granted to the state pursuant to this section extend beyond 30 days. If judgment is entered in favor of the person from whom the property is seized, all seized property shall be returned immediately. Appeals from orders of the circuit court shall be heard within 60 days from the date judgment is entered. Judgments in favor of the person entitled to possession of the subject property shall serve as a mandate to the agency holding said property to return same forthwith; and

      (6)   When property is forfeited under this section, the chief administrative officer of the seizing department or agency may retain it for official use, or forward it to the Bureau of Narcotics and Dangerous Drugs, United States Department of Justice, or its successor agency, for disposition.

(Ord. 777, passed 8-7-1997)

Pursuant to § 131.02(A), a person who knowingly possesses an item of drug paraphernalia with the intent to use it in ingesting, inhaling, or otherwise introducing cannabis or a controlled substance into the human body, or in preparing cannabis or a controlled substance for that use, is guilty of an ordinance violation for which the court shall impose a minimum fine of $750.

(Ord. 777, passed 8-7-1997)