Broken Arrow City Council
Meeting of: 12-01-15
To: Mayor and City Council
From: Office of the City Attorney
Title:
title
Consideration, discussion and possible adoption of Ordinance No. 3374, an ordinance amending Chapter 16, Offenses, Article I, In General, Section 16-28.1. -Prohibiting possession, delivery or manufacture of drug paraphernalia; specifically expanding the definition of drug paraphernalia to include matters considered in determining what constitutes drug paraphernalia, and further clarifying the punishment that may be imposed for violating the ordinance; exception; penalty; repealing all ordinances to the contrary; and declaring an emergency
End
Background:
The Police Department requested that the Legal Department review Section 16-28.1 of the Broken Arrow Municipal Code which prohibits the possession of drug paraphernalia. After reviewing current State and Federal laws, the ordinance should be amended to include further clarification on the term “drug paraphernalia,” and factors that should be considered in determination of what constitutes drug paraphernalia. Also, the punishment should be clarified to include the maximum fine and/or imprisonment that may be imposed for any person who violates this subsection. Lastly, the amendment includes that no person shall sell deliver, sell, possess or manufacture drug paraphernalia knowingly or under circumstances where one reasonably should know it will be used as such. Staff recommends that the Council adopt the ordinance and approve the emergency clause.
Cost: $0
Prepared By: Beth Anne Wilkening, City Attorney
Reviewed By: Assistant City Manager
Approved By: Michael L. Spurgeon, City Manager
Attachments: Ordinance No. 3374
Recommendation:
1. Adopt Ordinance No. 3374.
2. Approve the Emergency Clause.