Number
011096
Version
ORIGINAL
Reference
Sponsor
ALD. DONOVAN
Title
Resolution expressing the City of Milwaukee's support for passage of 2001 Wisconsin Assembly Bill 62, an act allowing municipalities to enact and enforce ordinances prohibiting the possession, manufacture or delivery of drug paraphernalia by persons 17 years of age and older, and directing the Intergovernmental Relations Division-Department of Administration to lobby for its passage.
Analysis
This resolution expresses the City of Milwaukee's support for passage of 2001 Wisconsin Assembly Bill 62 and directs the Intergovernmental Relations Division-Department of Administration to lobby for passage of this legislation. Assembly Bill 62 would enable municipalities to enact and enforce local ordinances banning the possession, manufacture or delivery of drug paraphernalia by persons 17 years of age and older. Under current state law, municipalities can only pass and enforce local ordinances relating to drug paraphernalia activities involving juveniles.
Body
Whereas, Section 106-36 of the Milwaukee Code of Ordinances prohibits the possession, manufacture, sale, delivery or advertisement of drug paraphernalia by any person, adult or juvenile; and
Whereas, Subchapter VI of ch. 961, Wisconsin Statutes, effectively precludes a municipality from enacting legislation to prohibit the possession, manufacture, sale, delivery or advertisement of drug paraphernalia by persons age 17 or older, thus severely limiting the City of Milwaukee's ability to enforce s. 106-36; and
Whereas, Drug-related gang activity and drug-related criminal activity continue to plague many neighborhoods in Milwaukee; and
Whereas, The widespread availability of drug paraphernalia to adults undoubtedly contributes to these problems; and
Whereas, Drug-paraphernalia and drug-abuse problems are most acutely experienced, understood and combated at the local level, thus giving municipalities a legitimate interest in enacting ordinances prohibiting drug-paraphernalia activities involving adults; and
Whereas, An enforceable ordinance prohibiting the sale, manufacture or possession of drug paraphernalia could be a useful weapon in Milwaukee's on-going war on drugs; and
Whereas, During the few months in 1990 when the City of Milwaukee was able to enforce s. 106-36 against all persons, not just juveniles, there was a significant reduction in the number of stores selling drug paraphernalia, as well as an increase in the number of citations written for possession of drug paraphernalia; and
Whereas, 2001 Wisconsin Assembly Bill 62, which was introduced on February 1, 2001, has been referred to the State Senate for consideration and would enable a municipality to enact and enforce and ordinance prohibiting the possession, manufacture or sale of drug paraphernalia by persons 17 years of age or older; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that the City of Milwaukee supports passage of 2001 Wisconsin Assembly Bill 62; and, be it
Further Resolved, That the Intergovernmental Relations Division-Department of Administration is directed to lobby for passage of 2001 Wisconsin Assembly Bill 62.
Requestor
Drafter
LRB01545-1
JDO
11/15/01