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. - --- MAP posted-by: Larry Seguin