TOWN OF PINEVILLE
ORDINANCE CREATING TOWN OF PINEVILLE DRUG
Whereas, The City Council of the Town of Pineville, Pineville, West Virginia has authority pursuant to West Virginia Code, Chapter 8, Article 12, Section 4 and 5, to enact this ordinance: and
Now, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE TOWN OF PINEVILLE, WEST VIRGINIA, THAT THE DRUG PARAPHERNALIA ORDINANCE OF THE TOWN OF PINEVILLE IS AS FOLLOWS:
(a) It shall be unlawful for any person to possess, produce or market sale any items, effect paraphernalia, accessory or thing which is designed or marketed for use with “controlled substances” as the same is defined in Chapter 60A of the West Virginia Code.
(b) As used in this section, “paraphernalia: shall be defined and any legitimate equipment, product, or material that is modified for making, using, or concealing illegal drugs such as cocaine, cocaine based derivative, heroin, marijuana and methamphetamine and includes certain pipes, smoking masks, bongs, cocaine bee base kits, marijuana grow kits, roach clips, and items such as hollowed out cosmetic cases or fake pagers used to conceal illegal drugs and dealer-specific products used for preparing illegal drugs for distribution at the street level such as scales, vials, and baggies but not limited to, the following:
(1) Metal, wooden acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads, any container with drug residue (ex. dinner plates, spoons), punctures metal bowls;
(2) Water pipes;
(3) Carburetor tubes and devices;
(4) Smoking and carburetion masks;
(5) Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand;
(6) Chambers pipes;
(7) Carburetor pipes;
(8) Electric pipes;
(9) Air-driven pipes;
(12) Ice pipes or chillers;
(13) Miniature cocaine spoons, and cocaine vials; and
(14) Needles without prescriptions.
Drug paraphernalia does not include any items traditionally used with tobacco such as pipes and rolling papers.
(c) If any provision of this section or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this article, and to this end the provisions of this article are hereby declared to be severable.
Any person violating the provision of this Section is:
— for the First Offense – guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than Five hundred dollars ($500.00).
— For the Second Offense – is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than One thousand dollars ($1,000.00)
— For Third or Subsequent Offenses – is guilty of a misdemeanor and, upon conviction thereof, shall be fined no more than Two thousand dollars ($2,000.00)
Passed on First Reading this the 15th day of February, 2021.