City of Milwaukee - File #: 051409

• File #: 051409
• Version: 3
• Type: Ordinance
• Status: Passed
• File created: 2/7/2006
• In control: PUBLIC SAFETY COMMITTEE
• Final action: 4/11/2006
• Effective date: 4/29/2006
• Title: A substitute ordinance relating to drug paraphernalia.
• Sponsors: ALD. BOHL, ALD. DAVIS, ALD. ZIELINSKI, ALD. DONOVAN, ALD. PUENTE, ALD. DUDZIK
• Indexes: CRIME PREVENTION, DRUG EDUCATION

Date	Ver.	Action By	Action	Result	Tally
4/28/2006	3	CITY CLERK	PUBLISHED
4/21/2006	3	MAYOR	SIGNED
4/11/2006	3	CITY CLERK	DRAFT SUBMITTED
4/11/2006	2	COMMON COUNCIL	TAKEN FROM COMMITTEE	Pass	15:0
4/11/2006	3	COMMON COUNCIL	SUBSTITUTED	Pass	15:0
4/11/2006	3	COMMON COUNCIL	PASSED	Pass	15:0
3/30/2006	2	CITY CLERK	DRAFT SUBMITTED
3/30/2006	2	PUBLIC SAFETY COMMITTEE	HELD TO CALL OF THE CHAIR; Minutes note: Appearances: Deputy Inspector Ruzinski, Milwaukee Police Department. Ms. Hinirichs, Municipal Court. Ald. Bohl, 5th Aldermanic District.	Pass	4:1
3/30/2006	1	PUBLIC SAFETY COMMITTEE	AMENDED; Minutes note: Motion by Ald. Puente to amend by replacing proposed substitue (A). Prevailed. 5-0.	Pass	5:0
3/28/2006	1	PUBLIC SAFETY COMMITTEE	HEARING NOTICES SENT
3/27/2006	1	PUBLIC SAFETY COMMITTEE	HEARING NOTICES SENT
3/27/2006	1	PUBLIC SAFETY COMMITTEE	HEARING NOTICES SENT
3/24/2006	1	PUBLIC SAFETY COMMITTEE	HEARING NOTICES SENT
3/9/2006	1	PUBLIC SAFETY COMMITTEE	HELD TO CALL OF THE CHAIR; Minutes note: Appearances: Ald. Bohl, 5th Aldermanic District Mary Glass, Campaign Neigborhood (CFNBA) Motion by Ald. McGee to make exhibit 1 (Campaign Neihborhood-CFNBA) documentation part of the record. Prevailed. 5-0	Pass	5:0
3/6/2006	1	PUBLIC SAFETY COMMITTEE	HEARING NOTICES SENT
3/6/2006	1	PUBLIC SAFETY COMMITTEE	HEARING NOTICES SENT
3/6/2006	1	PUBLIC SAFETY COMMITTEE	HEARING NOTICES SENT
3/6/2006	1	PUBLIC SAFETY COMMITTEE	HEARING NOTICES SENT
3/3/2006	1	PUBLIC SAFETY COMMITTEE	HEARING NOTICES SENT
3/3/2006	1	PUBLIC SAFETY COMMITTEE	HEARING NOTICES SENT
3/3/2006	1	PUBLIC SAFETY COMMITTEE	HEARING NOTICES SENT
3/3/2006	1	PUBLIC SAFETY COMMITTEE	HEARING NOTICES SENT
3/3/2006	1	PUBLIC SAFETY COMMITTEE	HEARING NOTICES SENT
3/3/2006	1	CITY CLERK	DRAFT SUBMITTED
2/7/2006	0	COMMON COUNCIL	ASSIGNED TO

Number
051409
Version
Substitute 3
Reference

Sponsor
ALD. BOHL, DAVIS, ZIELINSKI, DONOVAN, PUENTE AND DUDZIK
Title
A substitute ordinance relating to drug paraphernalia.
Section
106-36 rc
Analysis
Recent legislation, 2005 Wisconsin Act 116, authorizes cities, villages and towns to enact and enforce ordinances prohibiting the possession, manufacture or delivery of drug paraphernalia by persons 17 years of age and older. Prior legislation authorized the enactment and enforcement of municipal ordinances prohibiting the possession, manufacture, or delivery of drug paraphernalia by a person under 17 years of age. Such ordinances must prohibit conduct that is the same as that prohibited by Wisconsin statutes. The current code provisions closely parallel the new state legislation but do not reflect technical revisions to the state statutes over the past 15 years (1991 Wisconsin Act 140; 1995 Wisconsin Act 448). This ordinance repeals and recreates the definition of drug paraphernalia, the description of factors that shall be considered in making determinations relating to drug paraphernalia, and the description of prohibited conduct so that the City may enforce its provisions relative to drug paraphernalia. Further, this ordinance provides penalties up to the maximum permitted under state law for possession or use of drug paraphernalia ($500 and 30 days imprisonment for nonpayment), for manufacture, delivery or possession with intent to deliver drug paraphernalia ($1,000 and 90 days imprisonment for nonpayment), and for delivery of drug paraphernalia by a person 17 years of age or over to a person 17 or under who is at least 3 years younger than the violator ($10,000 and 90 days imprisonment for nonpayment).
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:

Part 1. Section 106-36 of the code is repealed and recreated to read:

106-36. Drug Paraphernalia. 1. DEFINITION. In this section "drug paraphernalia" means all eq...