LEGISLATIVE RESEARCH CENTER
File #: 15-680    Name:
Type: Preview Ordinance Status: Adoption
File created: 11/12/2015 In control: Broken Arrow City Council
On agenda: 11/17/2015 Final action:
Title: Consideration, discussion and possible preview of an ordinance amending Chapter 16, Offenses, Article I, In General, Section 16-28.1. -Prohibiting possession, delivery or manufacture of drug paraphernalia; exception; penalty; repealing all ordinances to the contrary; and declaring an emergency
Attachments: 1. 11-09-2015 Chapter 16, Section 16-28.1 Prohibiting possession, delivery or manufaturing of drug paraphernalia.pdf

Broken Arrow City Council

                                                                                               Meeting of: 11-17-2015

                                                                                    

To:                     Mayor and City Council

From:                     Office of the City Attorney

Title: 

title

                     Consideration, discussion and possible preview of an ordinance amending Chapter 16, Offenses, Article I, In General, Section 16-28.1. -Prohibiting possession, delivery or manufacture of drug paraphernalia; 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.

Cost:                                                                $0

Prepared By:                                           Beth Anne Wilkening, City Attorney

Reviewed By:                                          Police Department
                                   

Approved By:                      Michael L. Spurgeon, City Manager                                                                   

Attachments:                                          Preview Ordinance

Recommendation:

Preview the Ordinance and set for adoption