A. “Gambling device” means any device or mechanism by the operation of which a right to money, credits, deposits or other things of value may be created, in return for a consideration, as a result of the operation of an element of chance; any device, mechanism, furniture feature or construction or installation designed primarily for use in connection with professional gambling; and any device or mechanism which, when operated for a consideration, does not return the same value or thing of value of the same consideration upon each operation thereof.

B. All gambling devices as defined in subsection (A) of this section shall be constituted common nuisances and shall be subject to seizure immediately upon detection by the police officer or an authorized deputy, and to confiscation and destruction by order of a superior court or district justice court, except when in the possession of officers enforcing this chapter. No property right in any gambling device shall exist or be recognized in any person, except the possessory right of officers enforcing this chapter.

C. The conducting of any amusement game, bingo game or raffle, or the operation of punchboards, pull-tabs, fishing derbies and games and other social pastimes, when conducted pursuant to the provisions of Chapter 5.36 MMC, done without a license or beyond the scope of a license as required under state laws, is hereby declared a common nuisance and shall be subject to abatement by injunction or as otherwise provided by law. (Ord. 628, 1976)