Pubdate: Sat, 30 Apr 2005
Source: Post-Crescent, The (Appleton,  WI)
Copyright: 2005 The Post-Crescent
Contact:  http://www.wisinfo.com/postcrescent/
Details: http://www.mapinc.org/media/1443
Bookmark: http://www.mapinc.org/youth.htm (Youth)
Bookmark: http://www.mapinc.org/find?228 (Paraphernalia)

TOUGHER DRUG LAWS UP FOR BOARD VOTES IN HEART OF VALLEY

When: Monday at 6 p.m.

Where: 515 W. Kimberly Ave.

Proposed changes

The board will consider changing definitions on what constitutes
possession, manufacturing and delivery of drug paraphernalia, sets as
17 as the age limit for minors and sets penalties for violating the
village ordinance.

Tougher drug laws up for board votes in Heart of Valley

Proposals to clear up age limit for charges, details of violations

KIMBERLY -- Little Chute and Kimberly village boards are considering
changes to their drug paraphernalia ordinances that may allow for such
cases to be heard in their municipal courts.

The present ordinance poses problems for the Fox Valley Metro Police
Department because it doesn't specify at what age a juvenile can be
arrested and charged for having drug paraphernalia.

Part of the proposals would make 17 the age juveniles could be
arrested and charged of possessing, manufacturing or delivering drug
paraphernalia.

Due to their increasing caseload, the Outagamie County district
attorney's office has been requesting that the drug paraphernalia
cases be heard in municipal courts.

Fox Valley Metro Lt. Kevin McSorley says the municipal courts have
been sending the cases back to Outagamie County because the ordinance
does not comply with state law.

"The ambiguity is because of how the state law was written," he
said.

"The state law has changed. That doesn't present a problem with the
enforcement of the law, but makes it difficult for officers when
deciding what court to send it to."

"Our current ordinance did address things like manufacturing (drug
paraphernalia), but it didn't address possession," Kimberly
Administrator Rick Hermus said.

Little Chute Administrator Thomas Lebak said the issue may come before
the Village Board's Committee of the Whole on May 11.

Definitions of possession, manufacturing and delivery would be changed
in the ordinance.

Police Chief David Peterson says that under the present ordinance,
adults can't be charged for the possession of drug paraphernalia, but
can be charged for drug possession. The opposite applies to juveniles.

Hermus says legislation at the state level is pending that will allow
the municipal courts to enforce the same ordinance for juveniles and
adults.
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MAP posted-by: Larry Seguin