Town of Genesee, WI
Waukesha County
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[HISTORY: Adopted by the Town Board of the Town of Genesee at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Amendments noted where applicable.]
As used in this chapter, the term "drug paraphernalia" shall be defined as provided in § 961.571, Wis. Stats.
In determining whether an object is drug paraphernalia, the following shall be considered:
A. 
Statements by an owner or by anyone in control of the object concerning its use.
B. 
The proximity of the object, in time and space, to a direct violation of this chapter or Ch. 961, Wis. Stats.
C. 
The proximity of the object to controlled substances or controlled substance analogs.
D. 
The existence of any residue of controlled substances or controlled substance analogs on the object.
E. 
Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he or she knows intend to use the object to facilitate a violation of this chapter or Ch. 961, Wis. Stats.; the innocence of an owner, or of anyone in control of the object, as to a direct violation of this chapter or Ch. 961, Wis. Stats., shall not prevent a finding that the object is designed for use or primarily intended for use as drug paraphernalia.
F. 
Instructions, oral or written, provided with the object concerning its use
G. 
Descriptive materials accompanying the object that explain or depict its use.
H. 
Local advertising concerning its use.
I. 
The manner in which the object is displayed for sale.
J. 
Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products.
K. 
The existence and scope of legitimate uses for the object in the community.
L. 
Expert testimony concerning its use.
A. 
Possession of drug paraphernalia. No person may use, or possess with the primary intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance or controlled substance analog in violation of this chapter or Ch. 961, Wis. Stats.
B. 
Manufacture or delivery of drug paraphernalia. No person may deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing that it will be primarily used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance or controlled substance analog in violation of this chapter or Ch. 961, Wis. Stats.
C. 
Delivery of drug paraphernalia to a minor. Any person 17 years of age or over who violates Subsection B by delivering drug paraphernalia to a person 17 years of age or under who is at least three years younger than the violator is guilty of a special offense.
D. 
Advertisement of drug paraphernalia. No person may place in any newspaper, magazine, handbill or other publication any advertisement, knowing that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed for use or primarily intended for use as drug paraphernalia in violation of this chapter or Ch. 961, Wis. Stats.
E. 
Exemption. This section does not apply to manufacturers, practitioners, pharmacists, owners of pharmacies and other persons whose conduct is in accordance with Ch. 961, Wis. Stats. This section does not prohibit the possession, manufacture or use of hypodermics, in accordance with Ch. 961, Wis. Stats.
A. 
Any drug paraphernalia used in violation of this chapter shall be seized and forfeited to the Town of Genesee.
B. 
Each violation of any provision of this chapter shall be subject to the penalties and remedies described in Chapter 1, General Provisions, Article I, General Penalty, of this Code.