[Adopted by Ord. No. 1756 (Sec. 8.051 of the Codification)]
It is determined by the Village Board that the open display
and availability for sale of simulated controlled substances and instruments
used for inhaling or ingesting controlled substances in places of
business within the Village suggests and encourages the illegal use
of drugs and other controlled substances by the youth and all citizens
of this community; that to protect the health and safety and general
welfare of the youth and all citizens of this community it is necessary
that the regulations herein provided be enacted.
As used in this article, the following terms shall have the
meanings indicated:
A spoon with a bowl so small that the primary use for which
it is reasonably adapted or designed is to hold or administer cocaine,
and which is so small as to be unsuited for the typical, lawful uses
of a spoon. A cocaine spoon may or may not be merchandised on a chain
and may or may not be labeled as a "cocaine" spoon or "coke" spoon.
Any drug, substance or immediate precursor enumerated in
Schedules I through V of the Uniform Controlled Substances Act found
in Chapter 961 of the Wisconsin Statutes, and as such Schedules may
from time to time be amended.
Substances recognized as drugs in the Official United States
Pharmacopoeia, Official Homeopathic Pharmacopoeia of the United States
or National Formulary, or any supplementary to any of them.
Substances intended for use in the diagnosis, cure, medication,
treatment or prevention of disease in man or animals.
Substances (other than food) intended to affect the structure
of any function of the body of man or animals.
All equipment, products and materials of any kind which are
intended for use, or designed for use, in planting, propagating, cultivation,
growing, harvesting, manufacturing, compounding, converting, producing,
processing, preparing, testing, analyzing, packaging, repackaging,
storing, containing, concealing, injecting, ingesting, inhaling, or
otherwise introducing into the human body a controlled substance,
as defined above in this section. It includes, but is not limited
to:
Kits 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 intended for use, or designed for use, in manufacturing,
compounding, converting, producing, processing or preparing controlled
substances.
Isomerization devices intended for use, or designed for use,
in increasing the potency of any species of plant which is a controlled
substance.
Testing equipment intended for use, or designed for use, in
identifying or in analyzing the strength, effectiveness or purity
of controlled substances.
Scales and balances intended for use, or designed for use, in
weighing or measuring controlled substances.
Diluents and adulterants, such as quinine, hydrochloride, mannitol,
mannite, dextrose and lactose, intended for use, or designed for use,
in cutting controlled substances.
Separation gins and sifters intended for use, or designed for
use, in removing twigs and seeds from, or in otherwise cleaning or
refining marijuana.
Blenders, bowls, containers, spoons and mixing devices intended
for use, or designed for use in compounding controlled substances.
Capsules, balloons, envelopes and other containers intended
for use, or designed for use, in packaging small quantities of controlled
substances.
Containers and other objects intended for use, or designed for
use, in storing or concealing controlled substances.
Objects intended for use, or designed for use, in ingesting,
inhaling or otherwise introducing marijuana, cocaine, hashish or hashish
oil into the human body, such as:
Water pipes;
Carburetion tubes and devices;
Smoking and carburetion masks;
Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes,
with or without screens, permanent screens, hashish heads, or punctured
metal bowls;
Roach clips, meaning objects used to hold burning material,
such as a marijuana cigarette, that has become too small or too short
to be held in the hand;
Chamber pipes;
Carburetor pipes;
Electric pipes;
Air-driven pipes;
Chillums;
Bongs;
Ice pipes or chillers.
The determination of whether an object is drug paraphernalia
shall be made in accordance with § 961.572, Wis. Stats.
[Amended at time of adoption of Code (see Ch. 17, Village
Code and Ordinances, Art. I)]
Shall have the same
meaning as given to it by § 961.01(13), Wis. Stats.
A pipe characterized by a bowl which is so small that the
primary use for which it is reasonably adapted or designed is the
smoking of marijuana or hashish, rather than lawful smoking of tobacco,
and which may or may not be equipped with a screen.
The individual for whom a drug is prescribed or for whom
a drug is administered; or the owner or the agent of the owner of
the animal for which a drug is prescribed or to which a drug is administered,
provided that the prescribing or administering referred to in this
subsection is in good faith and in the course of professional practice
only.
Any individual, corporation, business trust, estate, partnership
or association or any other legal entity.
Shall have the same meaning as given to it by § 450.01(15),
Wis. Stats.
Shall have the same meaning as given to it by § 961.01(19),
Wis. Stats.
A written order (or an oral order later reduced to writing)
by a practitioner for a prescription drug for a particular patient
which specifies the date of its issue, the name and address of such
practitioner, the name and address of the patient and the name and
quantity of the prescription drug prescribed, directions for use of
the drug, and in case of a written order, the signature of the practitioner.
Are any products which identify themselves by using a common
name and slang term associated with the controlled substance or indicate
by label or accompanying promotion material that the product simulates
the effect of a controlled substance or drug.
Shall have the same meaning as given to it by § 450.01(12),
Wis. Stats.
[Amended by Ord. No. 1756]
A.
It shall be unlawful for any person to possess, consume, purchase,
display for sale, attempt to sell, sell, give, barter, use or distribute
any simulated controlled substance, any synthetic version of any controlled
substance as defined in Chapter 961, Wis. Stats, as amended, or any
other substance which when consumed mimics the physical, psychological,
intoxicating, narcotic or other effects of a controlled substance
as defined in Chapter 961, Wis. Stats. as amended, including but not
limited to butyl nitrate, synthetic cannabinoids, including but not
limited to cannabicyclobexanol, JWH-018, JWH-073, and HU-210, JWH-200,
CP 47 497, JWH-081, JWH-250, piperazine-some trade or other names;
TFMPP; or any similar structural analogs, anything commonly referred
to as K2, K3, K4, Spice, Genie, Yucatan Fire, Dascents, Zohal, sage,
Pep Spice, Solar Flare, KO Knockout 2, Spice Gold, Spice Diamond,
Yucatan Fire, Fire N Ice, fake or new marijuana, or by any other name,
label or description.
B.
Prohibition in this section shall not apply to:
(1)
The display of any such items for educational or scientific purposes;
[Amended at time of adoption of Code (see Ch. 17, Village
Code and Ordinances, Art. I)]
(2)
Manufacturers, wholesalers, pharmacists, practitioners engaged in
normal, lawful course of their respective business or profession,
nor to patients possessing such materials pursuant to a valid prescription
or suffering from diabetes or any other medical condition requiring
self-injection, nor to warehousemen or their employees engaged in
the lawful transportation of simulated controlled substances or instruments,
nor to public officers or employees while engaged in the performance
of their official duties.
C.
Penalty. Any person who shall violate any provision of this article shall be subject to a penalty as provided in Chapter 17, Village Code and Ordinances, Article III, General Penalty, of this Code. A separate offense shall be deemed committed on each day on which a violation of any provisions of this article occurs or continues.
[Amended by Ord. No. 1756]
In the event that any provision of this article is for any reason
held to be invalid, unconstitutional, or unenforceable by any court
of competent jurisdiction, such portions of this article shall be
deemed separate, distinct, and independent provisions of the article
and all remaining portions of this article shall remain in full force
and effect.
