a. Every person who has in his possession or under his control any gambling paraphernalia, article, thing or device or who has in his possession or under his control any paraphernalia, article, thing or device intended to be used for gambling purposes is guilty of a misdemeanor.

b. It shall be the duty of the Chief of Police and all persons acting under him to seize any gambling paraphernalia, article, machine, device, contrivance, appliance or apparatus of every kind and description and take the same before the City magistrate. If, in the judgment of the magistrate any of the articles enumerated above are gambling articles or were at the time of their seizure used or intended to be used in gambling, he may order such articles to be destroyed, or the magistrate may order such articles to be held as evidence in the trial of any case and after the final hearing and disposition of the case, whether such case results in a conviction or acquittal, order such articles destroyed. (Code 1962, § 27-34)