§ 18-298. Purchase, possession, sale, and distribution of drug paraphernalia prohibited.

(a)

It is unlawful for any person to purchase, posses, sell, or distribute, within the City of Port Orange, any drug paraphernalia as defined in this article. In determining whether an object is drug paraphernalia, a court may consider any of the following factors:

(1)

Statements by an owner or by anyone in control of the object concerning its use.

(2)

The proximity of the object, in time and space, to a direct violation of this article.

(3)

The proximity of the object to controlled substances or illicit synthetic drugs.

(4)

The existence of any residue of controlled substances or illicit drugs on the object.

(5)

Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons who he or she knows, or should reasonably know, intend to use the object to facilitate a violation of this article. The innocence of an owner, or of anyone in control of the object, as to a direct violation of this article shall not prevent a finding that the object is intended for use, or designed for use, as drug paraphernalia.

(6)

Instructions, oral or written, provided with the object concerning its use.

(7)

Descriptive materials accompanying the object which explain or depict its use.

(8)

Any advertising concerning its use.

(9)

The manner in which the object is displayed for sale.

(10)

Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor of or dealer in tobacco products or dispenser of lawfully prescribed drugs.

(11)

Direct or circumstantial evidence of the ratio of sales of the object or objects to the total sales of the business enterprise.

(12)

The existence and scope of legitimate uses for the object in the community.

(13)

Expert testimony concerning its use.

(Ord. No. 2012-33, § 2, 1-8-2013)