Ordinance 79-039ORDINANCE NO. 79-39
AN ORDINANCE PROHIBITING THE ADVERTISEMENT
OF. NARCOTIC-RELATED PARAPHERNALIA; PROVIDING
DEFINITIONS FOR THE TERMS USED HEREIN~ PRO-
VIDING FOR PENALTIES, SEVERANCE, AND EFFECTIVE
DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA as follows:
Section 1. For the purposes of this Ordinance the following
words, terms and phrases shall have the meaning respectfully
ascribed to them as follows:
A. Controlled Substance: Shall mean any substance named or
described in Sections I through V of S893.03, Florida Statutes.
B. Narcotic-Related Paraphernalia: Shall mean any machine,
instrument, tool, equipment, contrivance or devi~e used o~intended
to be used for one or more of the following pur~_~_~.
(1) To introduce into the human body ,an~.,-non- r~
trolled substance or substances under circumst~,~ces
in violation of the laws of the State of F~l~. .-
(2) To enhance the effect on the huma~ bodyr,~
of any controlled substance or substances under circum-
stances in violation of the laws of the Sta~e of Florida.
(3) To conceal any quantity of any controlled
substance or substances under circumstances in-iolation
of the laws of the State of Florida.
To te, t th..treng=h, .ff, ctiv,n, ss, w gh=
or purity of any controlled substance or substan~s.
under circumstances in violation of the laws of pe
State of Florida.
C. Sale: Shall mean ~o lend, give away, deliver, distri-
bute, exchange or transmit, wi~h or without consideration.
D. Advertise: Means an offer to make available by any
means whatsoever, and includes any openly displayed offer to
sell, as well as any offer'to sell contained within any book,
magazine, pamphlet, periodical, card or flyer, kept for the
purpose of sale to the
Section 2. It shall be unlawful for any person to advertise
a narcotic-related paraphernalia as defined herein.
Section 3. It shall not be ~ defense to a charge under this
Ordinance that said advertisement or offer contains within it a
statement to the effect that the advertisement or offer is void
where prohibited by law, if the offerer or seller does, in fact,
make good on said offer to sell or make available any narcotic
related paraphernalia described above.
Section 4. Any person who violates this Ordinance or any
provision thereof, or fails to comply therewith with any require-
ment thereof, or does anything prohibited herein, or does any act
declared unlawful by this Ordinance or any provision thereof,
shall upon conviction be punished as provided by law for the
violation of County ordinances.
Section 5. If any section, clause or provision of this
Ordinance be declared unconstitutional or held invalid, it shall
not affect any other section, clause or provision thereof, but
the same shall remain in full force and effect.
Section $. This Ordinance shall become effective upon
receipt of notice that it is filed with the Secretary of State.
Dated: Jun~ 12, 1979.
BOARD COMHISSIONERS
COLLIER FLORIDA
This Ordinance ftled with the Secretary of State's office
the 18th day of June, 1979 and acknowledgement of that ft]tng
recetved this 21st day of June, 1979.
./
STAT~ O~ ~LORZDA
COU~IT OF COLLIER
I) ~ILLIAH J. REAaAN, Clerk of Courts in and for the Twentieth
Judicial Circuit, Collier County, Florida. do hereby certify that the
foragoin~ is a true oriEinal of:
ORDININCE NO. 79-39
which was adopted by the Board of County Commissioners durini Resular
Session June 12, 1979.
IFiTNESS my hand and the official seal of the Board of County
Commissioners of Collier County. Florida, this 13th day of June, 1979.
I, rlLLIAH J.
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
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