Sec. 94-96. - Definitions.

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

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 public.

Controlled substance means any substance named or described in F.S. § 893.03(1)—(5).

Minor means any person under the age of 18 years.

Narcotic-related paraphernalia means any machine, instrument, tool, equipment, contrivance or device used or intended by the buyer or seller to be used for one or more of the following purposes:

(1)

To introduce into the human body any controlled substance or substances under circumstances in violation of the laws of the state.

(2)

To enhance the effect on the human body of any controlled substance or substances under circumstances in violation of the laws of the state.

(3)

To conceal any quantity of any controlled substance or substances under circumstances in violation of the laws of the state.

(4)

To test the strength, effectiveness, purity, or weight of any controlled substance or substances under circumstances in violation of the laws of the state.

Narcotic-related printed matter means any book, magazine, pamphlet, periodical, card or flyer which is intended by the seller to disseminate information for one or more of the following purposes:

(1)

To advocate or recommend the use or possession of a controlled substance or substances when such use or possession is in violation of the laws of the state.

(2)

To advertise, describe, explain, depict or display any method by which a controlled substance or substances may be obtained, produced or used when such method could reasonably be expected to lead to the use or possession of such controlled substance or substances in violation of the laws of the state.

Sale means to lend, give away, deliver, distribute, exchange or transmit, with or without consideration.

(Ord. No. 79-37, § 1; Ord. No. 79-38, § 1; Ord. No. 79-39, § 1)

Cross reference— Definitions generally, § 1-2.

Sec. 94-97. - Sale of paraphernalia prohibited; presumption of violation.

(a)

It is unlawful for any person to sell, possess with intent to sell, or offer for sale any narcotic-related paraphernalia.

(b)

The knowing possession by any person of ten or more identical or similar items of narcotic-related paraphernalia shall be prima facie evidence of a violation of this division.

(Ord. No. 79-37, §§ 2, 3)

Sec. 94-98. - Sale of printed matter to minors prohibited; presumption of violation.

(a)

It is unlawful for any person to sell or offer for sale any narcotic-related printed matter to any minor.

(b)

The knowing possession by any person of ten or more identical or similar copies of any narcotic-related printed matter shall be prima facie evidence of a violation of this division.

(Ord. No. 79-38, §§ 2, 3)

Sec. 94-99. - Advertisement prohibited.

(a)

It shall be unlawful for any person to advertise a narcotic-related paraphernalia.

(b)

It shall not be a defense to a charge under this section 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.

(Ord. No. 79-39, §§ 2, 3)

Sec. 94-100. - Violation.

Any person who violates this division or any provision thereof, or fails to comply therewith or with any requirements thereof, or does anything prohibited herein, or does any act declared unlawful by this division or any provision thereof, shall upon conviction be punished as provided by law for the violation of County ordinances.

(Ord. No. 79-37, § 4; Ord. No. 79-38, § 4; Ord. No. 79-39, § 4)

State law reference— Penalty for ordinance violations, F.S. § 125.69.

Secs. 94-101—94-150. - Reserved.