Village of Benton, WI Juveniles

Under age 10. It shall be unlawful for any person under age 10 to be on foot, bicycle or in any type of vehicle on any public street, avenue, highway, road, alley, park, school grounds, place of amusement and entertainment, cemetery, playground, public building or any other public place in the Village of Benton between the hours of 9:00 p.m. and 6:00 a.m. the next day, unless accompanied by his or her parent or guardian, or person having lawful custody and control of his or her person, or unless there exists a reasonable necessity therefor. The fact that said child, unaccompanied by parent, guardian or other person having legal custody, is found upon any such public place during the aforementioned hours shall be prima facie evidence that said child is there unlawfully and that no reasonable excuse exists therefor.

Between age 10 to age 18. It shall be unlawful for any person between age 10 to age 18 to be on foot, bicycle or in any type of vehicle on any public street, avenue, highway, road, alley, park, school grounds, place of amusement and entertainment, cemetery, playground, public building or any other public place in the Village of Benton between the hours of 11:00 p.m. and 6:00 a.m. the next day, unless accompanied by his or her parent or guardian, or person having lawful custody and control of his or her person, or unless there exists a reasonable necessity therefor. The fact that said child, unaccompanied by parent, guardian or other person having legal custody, is found upon any such public place during the aforementioned hours shall be prima facie evidence that said child is there unlawfully and that no reasonable excuse exists therefor.

Exceptions.

This section shall not apply to a child:

Who is performing an errand as directed by his or her parent, guardian or person having lawful custody;

Who is on his or her own premises or in the areas immediately adjacent thereto;

(c)

Whose employment makes it necessary to be upon the streets, alleys or public places or in any motor vehicle during such hours;

(d)

Who is returning home from a supervised school, church or civic function, but not later than 60 minutes after the ending of such function.

These exceptions shall not, however, permit a child to unnecessarily loiter about the streets, alleys or public places or be in a parked motor vehicle on the public streets.

Parental responsibility. It shall be unlawful for any parent, guardian or other person having the lawful care, custody and control of any person under age 18 to allow or permit such person to violate the provisions of Subsection A or B above. The fact that prior to the present offense a parent, guardian or custodian was informed by any law enforcement officer of a separate violation of this section occurring within 30 days of the present offense shall be prima facie evidence that such parent, guardian or custodian allowed or permitted the present violation. Any parent, guardian or custodian herein who shall have made a missing person notification to the Police Department shall not be considered to have allowed or permitted any person under age 18 to violate this section.

Taking a child into custody.

Every law enforcement officer while on duty is hereby authorized to take into custody any child violating the provisions of Subsection A above. Children taken into custody shall be released from custody as soon as is reasonably possible. A person taking a child into custody shall make every effort immediately to release the child to the child's parent, guardian, or legal custodian or, if the parent, guardian, or legal custodian is unavailable, unwilling, or unable to provide supervision for the child, may release the child to a responsible adult and verbally counsel or warn as may be appropriate or, in the case of a runaway child, may release the child to a home authorized under § 48.277, Wis. Stats. The parent, guardian, legal custodian, or other responsible adult to whom the child is released shall sign a release for the child.

If the child is not released under this subsection, the officer shall deliver the child to the county juvenile court intake worker in a manner determined by the court and law enforcement agencies, stating in writing with supporting facts the reasons why the child was taken into physical custody and giving any child 12 years of age or older a copy of the statement in addition to giving a copy to the intake worker. A juvenile violating these curfews regularly may be warned by an officer on duty in his or her discretion and sent home in lieu of taking the juvenile into custody.

If the child is believed to be suffering from a serious physical condition which requires either prompt diagnosis or prompt treatment, the officer shall take such action as is required under § 48.20(4), Wis. Stats. If the child is believed to be mentally ill, drug dependent, or developmentally disabled and exhibits conduct which constitutes a substantial risk of physical harm to the child or to others, the officer shall take such action as is required under § 48.20(5), Wis. Stats. If the child is believed to be an intoxicated person who has threatened, attempted, or inflicted physical harm on himself or herself or on another and is likely to inflict such physical harm unless committed or is incapacitated by alcohol, the officer shall take such action as is required under § 48.20(6), Wis. Stats.

Warning and penalty.

Warning. The first time a parent, guardian, or person having legal custody of a child who is taken into custody by a law enforcement officer as provided in Subsection D above, such parent, guardian, or person having such legal custody shall be advised as to the provisions of this section and further advised that any violation of this section occurring thereafter by this child or any other child under his or her care or custody shall result in a penalty being imposed as hereinafter provided.

Penalty. Any parent, guardian, or person having legal custody of a child described in Subsection A above who has been warned in the manner provided in Subsection D(1) herein and who thereafter violates this section shall be subject to a penalty as provided in § 1-3 of this Code. After a second violation within a six-month period, if the defendant, in a prosecution under this section, proves that he or she is unable to comply with this section because of the disobedience of the child, the action shall be dismissed and the child shall be referred to the court assigned to exercise jurisdiction under Ch. 48, Wis. Stats. Any minor person under 16 years of age who shall violate this section shall, upon conviction thereof, forfeit not less than $1 nor more than $25, together with the costs of prosecution.

§ 205-2 Possession of controlled substances.

It shall be unlawful for any person under the age of 18 to possess a controlled substance contrary to the Uniform Controlled Substances Act, Ch. 961, Wis. Stats.

§ 205-3 Petty theft.

It shall be unlawful for any person under the age of 18, with intent, to steal or take property from the person or presence of the owner without the owner's consent and with the intent to deprive the owner of the use thereof.

§ 205-4 Receiving stolen goods.

It shall be unlawful for a person under the age of 18 to intentionally receive or conceal property he knows to be stolen.

§ 205-5 Village jurisdiction over persons 12 through 17 years of age.

Adoption of state statute. Section 938.17(2), Wis. Stats., is hereby adopted and by reference made a part of this section as if fully set forth herein.

Provisions applicable to persons 12 through 17 years of age. Subject to the provisions and limitations of § 938.17(2), Wis. Stats., complaints alleging a violation of any provision of this Code against persons 12 through 17 years of age may be brought on behalf of the Village of Benton and may be prosecuted utilizing the same procedures in such cases as are applicable to adults charged with the same offense.

No incarceration as penalty. The court shall not impose incarceration as a penalty for any person convicted of an offense prosecuted under this section.

Additional prohibited acts. In addition to any other provision of the Code of the Village of Benton, no person age 12 through 17 shall own, possess, ingest, buy, sell, trade, use as a beverage, give away or otherwise control any intoxicating liquor or fermented malt beverage in violation of Ch. 125, Wis. Stats.

Penalty for violations of Subsection D. Any person 12 through 17 years of age who shall violate the provisions of Subsection D shall be subject to the same penalties as are provided in § 1-3 of this Code exclusive of the provisions therein relative to commitment in the county jail.

§ 205-6 Possession, manufacture and delivery of drug paraphernalia prohibited.

Definition. In this section, the following terms shall have the meanings indicated:

DRUG PARAPHERNALIA

All equipment, products and materials of any kind which are used, intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, selling, distributing, delivering, 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 in Ch. 961, Wis. Stats., in violation of this section. It includes but is not limited to:

Kits used, 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 used, intended for use, or designed for use, in manufacturing, selling, distributing, delivering, compounding, converting, producing, processing, or preparing controlled substances.

Isomerization devices used, intended for use, or designed for use, in increasing the potency of any species of plant which is a controlled substance.

Testing equipment used, intended for use, or designed for use, in identifying or in analyzing the strength, effectiveness, or purity of controlled substances.

(5)

Scales and balances used, intended for use, or designed for use, in weighing or measuring controlled substances.

(6)

Diluents and adulterants, such as quinine, hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting controlled substances.

(7)

Separation gins and sifters used, intended for use, or designed for use, in removing twigs and seeds from, or in otherwise cleaning or refining marijuana.

(8)

Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use, in compounding controlled substances.

(9)

Capsules, balloons, envelopes or other containers used, intended for use, or designed for use, in packaging small quantities of controlled substances.

(10)

Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances.

(11)

Hypodermic syringes, needles, or other objects used, intended for use, or designed for use, in parenterally injecting controlled substances into the human body.

(12)

Objects used, intended for use, or designed for use, in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil, into the human body, including, but not limited to:

Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;

Water pipes;

(c)

Carburetion tubes and devices;

(d)

Smoking and carburetion masks;

(e)

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;

(f)

Miniature cocaine spoons and cocaine vials;

Chamber pipes;

Carburetor pipes;

Electric pipes;

Air-driven pipes;

Chillums;

Bongs;

Ice pipes or chillers.

Determination of drug paraphernalia. In determining whether an object is drug paraphernalia, the following shall be considered, without limitation, of such other considerations a court may deem relevant:

Statements by an owner or by anyone in control of the object concerning its use.

Prior convictions, if any, of an owner or of anyone in control of the object, under any city, state or federal law relating to any controlled substance.

The proximity of the object in time and space to a direct violation of this section.

The proximity of the object to controlled substances.

(5)

The existence of any residue of controlled substance on the object.

(6)

Direct or circumstantial evidence of the intent of the owner, or of anyone in control of the object, to deliver it to persons whom the person knows, or should reasonably know, intend to use the object to facilitate a violation of this section. The innocence of an owner, or of anyone in control of this object, as to a direct violation of this section shall not prevent a finding that the object is intended for use, or designed for use, as drug paraphernalia.

(7)

Oral or written instructions provided with the object concerning its use.

(8)

Descriptive materials accompanying the object which explain or depict its use.

(9)

National and local advertising concerning its use.

(10)

The manner in which the object is displayed for sale.

(11)

Direct or circumstantial evidence of the ratio of sales of the object to the total sale of the business enterprise.

(12)

The existence and scope of legitimate uses for the object in the community.

(13)

Expert testimony concerning its use.

Prohibited uses.

Possession of drug paraphernalia. No person who is under 18 years of age may use, or possess with the sole intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of this section.

Manufacture or delivery of drug paraphernalia. No person who is under 18 years of age may deliver, or possess with intent to deliver, drug paraphernalia, knowing that it will be solely used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of this section.

Delivery of drug paraphernalia by a minor to minor. Any person who is under 18 years of age, who violates Subsection C(2) of this section by delivering drug paraphernalia to a person under 18 years of age who is at least three years younger than the violator, is guilty of a special offense.

ACT OF COMMISSION OR OMISSION

Exemption. This section does not apply to manufacturers, practitioners, pharmacists, owners of pharmacies and other persons whose conduct is in accordance with Ch. 961, Wis. Stats. This section does not prohibit the possession, manufacture or use of hypodermics, in accordance with Ch. 961, Wis. Stats.

Penalties. Any person who violates Subsection C(1), (2) or (3) of this section shall, upon conviction, be subject to disposition under § 938.344, Wis. Stats.

§ 205-7 Truancy.

[Amended 2-17-2016 by Ord. No. 2016-03]

Definitions. For the purpose of this section, the following definitions shall be applicable:

ACCEPTABLE EXCUSE

The meaning as defined in §§ 118.15 and 118.16(4), Wis. Stats.

Anything that contributes to the truancy of a juvenile, whether or not the juvenile is adjudged to be in need of protection or services, if the natural and probable consequences of that act would be to cause the child to be truant.

HABITUAL TRUANT

A pupil who is absent from school without an acceptable excuse for the following:

Part or all of five or more days on which school is held during a school semester.

TRUANCY

Any absence of part or all of one or more days from school during which the school attendance officer, principal or teacher has not been notified of the legal cause of such absence by the parent or legal guardian of the absent pupil. Intermittent attendance carried on for the purpose of defeating the intent of § 118.15, Wis. Stats., shall also be considering truancy.

Prohibition against habitual truant. Any person attending school in the Village between the ages of six and 18 years, subject to the exceptions found under § 118.15, Wis. Stats., is prohibited from becoming a habitual truant as the term is defined in this section. Any law enforcement officer in this Village is authorized to issue a citation to any such person who is determined to be a habitual truant under the terms of this section.

Preconditions to issuance of citation. Prior to the issuance of any citation, the district school attendance officer shall provide evidence to the Police Department that appropriate school personnel in the school in which the juvenile is enrolled have within the school year during which the truancy occurred:

Met with or attempted to meet with the juvenile's parent or legal guardian to discuss the juvenile's truancy.

Provided an opportunity for educational counseling to the juvenile and considered curriculum modifications.

Evaluated the juvenile to determine whether learning problems are the cause of the truancy and, if so, taken steps to overcome the learning problems.

Conducted an evaluation to determine whether social problems are the cause of the juvenile's truancy and, if so, taken appropriate action or made appropriate referrals.

Form of citation. Any citation issued shall be returnable in court in the same manner as all other ordinance citations are returnable. The citation is to state on its face that this is a "must appear" citation, and no forfeiture amount is to be written on the face of the citation.

Disposition. Upon a finding the juvenile is an habitual truant pursuant to §§ 118.163(2) and 938.342(1g), Wis. Stats., the following dispositions are available to the court:

Suspension of operating privilege: suspend the juvenile's operating privilege as defined in § 340.01(40), Wis. Stats., for not less than 30 days nor more than 365 days. If the court takes possession of a license, it shall destroy the license. The court shall forward to the Department of Transportation a notice stating the reason for and duration of the suspension.

Counseling, service or work program: order the juvenile to participate in counseling, community service or a supervised work program under §§ 938.342(g)(b) and 938.34(5g), Wis. Stats. The costs of any such counseling, supervised work program or other community service work may be assessed against the person, the parents or guardian of the person, or both.

In-house restraint: order the juvenile to remain at home except for the hours in which the Juvenile is attending religious worship or a school program, including travel time required to get to and from the school program or place of worship. The order may permit a juvenile to leave home if the juvenile is accompanied by a parent or legal guardian.

Educational programs: order the juvenile to attend an educational program as set forth in § 938.34(7d), Wis. Stats.

(5)

Revocation of work permits: order the Wisconsin Department of Workplace Development to revoke a work permit to the juvenile under §§ 103.70 and 103.72, Wis. Stats.

(6)

Teen court program: order the juvenile to be placed in a teen court program if all of the following conditions apply:

The Chief Judge of the judicial administrative district has approved a teen court program established in juvenile's county of residence, and the Judge determines that participation in the court program will likely benefit the person and the community.

The person admits or pleads no contest to the allegations that the person was truant in open court with the person's parent, legal guardian or legal custodian present.

(c)

The person has not successfully completed participation in a teen court program during the two years before the date of the alleged violation.

(7)

School attendance order: order the person to attend school.

(8)

Forfeiture: impose a forfeiture of not more than $500 plus costs, subject to § 938.37, Wis. Stats. All or part of the forfeiture plus costs may be assessed against the person, the parent or guardian of the person, or both.

(9)

Other conditions: order the person to comply with any other reasonable conditions that are consistent with this subsection, including a curfew, restrictions as to going to or remaining on specified premises and restrictions on associating with other juveniles or adults.

(10)

Supervision: place the person under formal or informal supervision, as described in § 938.34(2), Wis. Stats., for up to one year.

(11)

Parental counseling. The court may, in addition to or instead of the dispositions under Subsection E(1) through (10), order the person's parent, guardian or legal custodian to participate in counseling at the parent's, guardian's or legal custodian's own expense or to attend school with the person, or both.

Required school attendance.

Violations. Any person having under his/her control a juvenile who is between the ages of six and 18, subject to the exceptions found in § 118.15, Wis. Stats., shall cause the juvenile to attend school regularly during the full period and hours that the public or private school in which the juvenile shall be enrolled is in session until the end of the school term, quarter, or semester of the school year in which the juvenile becomes 18 years of age.

Exceptions.

A person will not be found in violation of this subsection if that person can prove that he/she is unable to comply with the provisions of this section because of the disobedience of the juvenile. The juvenile shall be referred to the court assigned to exercise jurisdiction under Ch. 938, Wis. Stats:

A person will not be found in violation of this subsection if he/she has a juvenile under his/her control and the child has been sanctioned under § 49.26(1)(h), Wis. Stats.

Proof required for exacting a penalty. Before a person may be found guilty of violating this subsection, the school attendance officer must present evidence to the court that the activities under § 118:16(5), Wis. Stats., have been completed by the school system. If that evidence has been presented to the court and if the court finds a person guilty of violating this subsection, a forfeiture may be assessed.

Contributing to truancy.

Except as provided in Subsection G(2) below, any person 18 years of age or older, who, by an act of commission or omission, knowingly encourages or contributes to the truancy, as defined in Subsection A, of a juvenile shall be subject to a forfeiture

Subsection G(1) above does not apply to a person who has under his or her control a juvenile who has been sanctioned under § 49.26(1)(h), Wis. Stats.

An act or omission contributes to the truancy of a child, whether or not the juvenile is adjudged to be in need of protection or services, if the natural and probable consequences of that act or omission would be to cause the juvenile to be a truant.

Parent or legal guardian liability for truancy.

Unless the juvenile is excepted or excused under § 118.15, Wis. Stats., or has graduated from high school, any person having under control a juvenile who is between the ages of six and 18 years shall cause the juvenile to attend school regularly during the full period of hours, religious holidays excepted, that the public or private school in which the juvenile should be enrolled is in session until the end of the school term, quarter or semester of the school year in which the juvenile becomes 18 years of age.

A person found to have violated Subsection H(1) above, after evidence is provided by a school official that the activities under § 118.16(5), Wis. Stats., have been completed, shall be subject to a forfeiture.

This subsection does not apply to a person who has under his or her control a juvenile who has been sanctioned under § 4.9.26(1)(h), Wis. Stats., nor does it apply if the person proves that he or she is unable to comply with Subsection H(1) because of the disobedience of the juvenile.

§ 205-8 Unlawful sheltering of minors.

No person shall intentionally shelter or conceal a minor child who:

Is a "runaway child," meaning a child who has run away from his or her parent, guardian or legal or physical custodian;

Is a child who may be taken into custody pursuant to § 48.19, Wis. Stats.

Subsection A of this section applies when the following conditions are present:

The person knows or should have known that the child is a child described in either Subsection A(1) or (2); and

The child has been reported to a law enforcement agency as a missing person or as a child described in Subsection A(1) or (2).

Subsection A does not apply to any of the following:

A person operating a runaway home in compliance with § 48.227, Wis. Stats.; or

A person who shelters or conceals a child at the request or with the consent of the child's parent, guardian or legal or physical custodian except if the sheltering or concealment violates § 948.31, Wis. Stats.; or

A person who immediately notifies a law enforcement agency, county department of public welfare or social services, or the intake worker of the court exercising jurisdiction under Ch. 48, Wis. Stats., that he or she is sheltering or concealing such child and provides the person or agency notified with all information requested.

§ 205-9 Purchase or possession of tobacco products.

The provisions of §§ 254.92, 134.66 and 778.25, Wis. Stats., as amended, are hereby adopted by reference and made a part of this section as if fully set forth herein.

§ 205-9.5 Purchase or possession of electronic delivery devices or vapor products.

[Added 6-17-2020 by Ord. No. 2020-01]

For purposes of this section:

"Electronic delivery device" is defined as any product delivering a vapor product and shall include any component part of such a product, whether or not sold separately.