[Adopted 8-25-1987 by Ord. No. 2-87]
The County Board of Supervisors recognizes that
the illegal use of drugs in our country and Price County poses a substantial
risk of harm to the continued safety, welfare, health and future of
our young people. The Board of Supervisors is further aware that some
illegal drugs require the use of items or paraphernalia in their consumption.
However, the Board is concerned that the case of Kabat v. State, 76
Wis. 2d 224, 251 N.W.2d 38 (1976), where the Court of Appeals held
that the mere existence of residue of marijuana in a pipe used for
smoking marijuana is not sufficient to impute knowledge to the alleged
offender, will deter effective law enforcement in combating the distribution
and sale of drugs.
Whoever possesses an item designed for use with illegal drugs which has in fact been so used shall be subject to a forfeiture as provided in Chapter 290 of the County Code plus penalty assessment and court costs.
As used in this article, the following terms
shall have the meanings indicated:
Those controlled substances as listed in Ch. 961, Wis. Stats.,
as amended from time to time.
The item yields a positive result after being subjected to
the appropriated field test by a properly trained law enforcement
officer, which field test is generally accepted and relied upon by
law enforcement personnel for the detection of the presence of illegal
drugs.
Includes but is not limited to pipes, roach clips, bongs
and mirrored cutting kits, whether handcrafted or marketed, intended
for or commonly associated with the use of illegal drugs.
A pocket-sized carrying case consisting of a mirror, razor
or similar cutting device, and straw commonly associated with the
storage and preparation of cocaine.[1]
