[HISTORY: Adopted by the Village Board of the Village of
Siren 6-7-2012 by Ord. No. 2012-08. Amendments noted where applicable.]
The purpose of this chapter is to establish a Drug Paraphernalia
Ordinance for the Village of Siren, Burnett County, Wisconsin.
A.
DRUG PARAPHERNALIA
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
As used in this chapter, the following terms shall have the meanings
indicated:
All equipment, products and materials of any kind which are
used, intended for use or designed for use in planting, propagating,
cultivating, growing, harvesting, manufacturing, compounding, converting,
producing, concealing, injecting, ingesting, inhaling or otherwise
introducing into the human body a controlled substance in violation
of statutes of the State of Wisconsin. It includes, but is not limited
to:
Kits used, intended for use or designed for use in planting,
propagating, cultivating, growing or harvesting of any species of
plant which is a controlled substance or from which a controlled substance
can be derived;
Kits used, intended for use or designed for use in manufacturing,
compounding, converting, producing, processing or preparing controlled
substances;
Isomerization devices used, intended for use or designed for
use in increasing the potency of any species of plant which is a controlled
substance;
Testing equipment used, intended for use or designed for use
in identifying or analyzing the strength, effectiveness or purity
of controlled substances;
Scales and balances used, intended for use or designed for use
in weighing or measuring controlled substances;
Dilutents and adulterants, such as quinine hydrochloride, mannitol,
mannite, dextrose and lactose, used or intended for use or customarily
intended for use in cutting controlled substances;
Separation gins and sifters used or intended for use or customarily
intended for use in removing twigs and seeds from or in otherwise
cleaning or refining marijuana;
Blenders, bowls, containers, spoons and mixing devices used
or intended for use or customarily intended for use in compounding
controlled substances;
Capsules, balloons, envelopes and other containers used or intended
for use or customarily intended for use in packaging small quantities
of controlled substances;
Containers and other objects used or intended for use or customarily
intended for use in storing or concealing controlled substances;
Hypodermic syringes, needles and other objects used, intended
for use or customarily intended for use in parenterally injected controlled
substances into the human body;
Objects used or intended for use or customarily intended for
use in ingesting, inhaling or otherwise introducing marijuana, cocaine,
hashish or hashish oil into the human body, such as:
Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes
with or without screens, permanent screen, hashish heads or punctured
metal bowls;
Water pipes;
Carburetion tubes and devices;
Smoking and carburetion masks;
Roach clips: meaning objects used to hold burning materials
such as a marijuana cigarette that has become too small or too short
to be held in the hand;
Miniature cocaine spoons and cocaine vials;
Chamber pipes;
Carburetor pipes;
Electric pipes;
Air-driven pipes;
Chillums;
Bongs;
Ice pipes or chillers.
B.
In determining whether an object is drug paraphernalia, a court or
other authority should consider, in addition to all logically relevant
factors, the following:
(1)
Statements by an owner or by anyone in control of the object concerning
its use;
(2)
Prior convictions, if any, of an owner or of anyone in control of
the object under any state or federal law relating to any controlled
substances;
(3)
The proximity of the object, in time and space, to a direct violation
of State of Wisconsin Statutes regulating the use and possession of
illicit substances;
(4)
The proximity of any residue of controlled substances;
(5)
The existence of any residue of controlled substances on the object;
(6)
Direct or circumstantial evidence of the intent of the owner or of
anyone in control of the object, to deliver it to persons whom he
knows or should reasonably know, intend to use the object to facilitate
a violation of State of Wisconsin Ordinances regulating the use and
possession of illicit drugs; the innocence of an owner or of anyone
in control of the object, as to a direct violation of Wisconsin Statutes
regulating the illicit use or possession of illicit drugs should not
prevent a finding that the object is intended for use or designed
for use as drug paraphernalia;
(7)
Instructions, oral or written, provided with the object concerning
its use;
(8)
Descriptive materials accompanying the object which explain or depict
its use;
(9)
National and local advertising concerning its use;
(10)
The manner in which the object is displayed for sale;
(11)
Direct or circumstantial evidence of the ratio of sales of the
object(s) to the total sales of the business enterprise;
(12)
Whether the object is customarily intended for use as drug paraphernalia
and the existence and scope of other legitimate uses for the object
in the community;
(13)
Expert testimony concerning its use.
A.
Possession of drug paraphernalia.
(1)
It is unlawful for any person to use or possess with 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 in violation
of Wisconsin Statutes.
(2)
Any person violating this section shall be guilty of a violation
and shall be subject to a fine not less than $100 per offense, no
portion of which shall be suspended.
(3)
Violation of the provisions of this chapter shall constitute grounds
for suspension or revocation of any business license issued by the
Village to a business for the premises or activity from which the
violation occurred.
B.
Manufacture or delivery of drug paraphernalia.
(1)
It is unlawful for any person to deliver, possess with intent to
deliver or manufacture with intent to deliver, drug paraphernalia
knowing that it will be used or is customarily intended to be 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 in violation of Wisconsin law.
(2)
Any person violating this section shall be guilty of a violation
and shall be subject to a fine not less than $100 per offense, no
portion of which may be suspended.
C.
Delivery of drug paraphernalia to a minor. Any person 18 years or over who violates § 268-3B by delivering drug paraphernalia to a person under 18 years of age who is at least three years his junior shall be guilty of a special violation and shall be subject to a fine not less than $100 per offense, no portion of which may be suspended.
D.
Advertisement of drug paraphernalia.
(1)
It is unlawful for any person to place in any newspaper, magazine,
handbill or other publication any advertisement knowing or under circumstances
where one reasonably should know that the purpose of the advertisement,
when viewed as a whole, is to promote the sale of objects intended
for use or customarily intended for use as drug paraphernalia.
(2)
Any person violating this section shall be guilty of a violation
and shall be subject to a fine not less than $100 per offense, no
portion of which may be suspended.
