A. Any drug paraphernalia which is possessed, manufactured, delivered or advertised in violation of this chapter, is subject to forfeiture.
B. Property subject to forfeiture and disposal under this chapter may be seized by any enforcement officer upon an order issued by the municipal court.
C. Seizure without order of court may be made if:
1. The seizure is incident to an arrest or search under a search warrant;
2. The enforcement officer has reason to believe that the drug paraphernalia is directly or indirectly dangerous to health or safety; or
3. The enforcement officer has probable cause to believe that the drug paraphernalia was possessed, manufactured, delivered or advertised in violation of this chapter.
D. Property forfeited under this chapter shall be:
1. Sold if it is not required by law to be destroyed; or
2. Used by law enforcement agencies in the enforcement of this chapter or in the enforcement of the Controlled Substances Act (Sections 30-31-1 through 30-31-40, New Mexico Statutes Annotated 1978). (Ord. 1150-80 §4A, 1980).