City of New Berlin, WI
Waukesha County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of New Berlin 10-10-2000 by Ord. No. 2124 as Secs. 9.24, 9.25, 9.28 and 9.35 of the Municipal Code. Amendments noted where applicable.]

§ 161-1 Parental responsibility for willful and malicious acts of minor.

A. 
A parent or guardian has the duty and responsibility to control his minor child's behavior so that the person or property of another shall not be injured or damaged.
B. 
Any parent or guardian who has legal custody of an unemancipated minor child and has knowledge or should have knowledge of the child's habitual, mischievous, willful or wanton acts or his willful disregard of the rights of others, if such minor child commits any willful, malicious or wanton act or acts on the person or property of another which results in injury or damage to the person or property of another, shall pay a forfeiture as provided in Chapter 1, General Provisions, § 1-18A of this Code.

§ 161-2 Presence and conduct of minors on streets and in public places.

A. 
Definitions. For the purposes of this section, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
CITY
The City of New Berlin.
CUSTODIAN
Any person over the age of 18 who is in loco parentis to a juvenile.
GUARDIAN
Any person, other than a parent, who has legal guardianship of a minor.
MINOR
Any person under the age of 17.
PARENT
The natural or adoptive parent of a minor.
PUBLIC PLACE
Any street, alley, highway, sidewalk, park, playground, school building or place to which the general public has access and a right to resort for business, entertainment or other lawful purpose. A public place shall include but not be limited to any store, shop, restaurant, tavern, bowling alley, cafe, theater, drugstore, pool room, shopping center and any other place devoted to amusement or entertainment of the general public. It shall also include the front or immediate area of the above.
B. 
Curfew for minors. No minor shall remain, idle, wander, stroll or play in any public place either on foot or upon any conveyance without a set destination in, about or upon any place in the City between the hours of 11:00 p.m. and 5:00 a.m. unless accompanied by a parent, guardian, custodian or other adult person having custody or control of such minor, or unless the minor is on an emergency errand or specific business or activity directed or permitted by his parent, guardian or other adult person having the care and custody of the minor, or where the presence of such minor is connected with or required by some legitimate employment, trade, profession or occupation.
C. 
Responsibility of owners of public places. No person operating or having charge of any public place shall knowingly permit or suffer the presence of minors under the age of 17 between the hours referred to in Subsection B.
D. 
Parents' responsibility. No parent, guardian or other adult person having custody or control of any minor under the age of 17 shall suffer, permit or, by inefficient control, allow such person to be on the streets or sidewalks or on or in any public property or public place within the City between the hours referred to in Subsection B. However, the provisions of this section do not apply to a minor accompanied by his parent, guardian, custodian or other adult person having the care, custody or control of the minor, or if the minor is on an emergency errand or specific business or activity directed by his parent, guardian, custodian or other adult having the care and custody of the minor, or if the parent, guardian or other adult person herein has made a missing person notification to the Police Department.
E. 
Special functions. Any minor attending a special function or entertainment of any church, school, club or other organization that requires such minor to be out at a later hour than that called for in Subsection B shall be exempt from the provisions of this section, provided the church, school, club or other organization shall register, in advance, with the Chief of Police or his designee to have the minors stay out to this later hour. The registrant shall state the time the function or entertainment shall end, and the minors who attend the function shall be required to be in their homes or usual places of abode within 1/2 hour after the function is ended.

§ 161-3 Truancy prohibited.

A. 
Compulsory school attendance required. Sections 118.15 and 118.16, Wis. Stats., as amended from time to time, are hereby adopted by reference as though fully set forth herein.
B. 
Truancy by children prohibited. Section 938.19(1)(d)10, Wis. Stats., as amended from time to time, is hereby adopted by reference as though fully set forth herein.
[Amended 6-10-2003 by Ord. No. 2204]
C. 
School absences regulated. No student shall be absent from school without an acceptable excuse, as provided under § 118.15, Wis. Stats. In this section, the term "school" shall include all public and private primary and secondary schools located within the City.

§ 161-4 Violations and penalties.

Except as otherwise provided, any person who shall violate any provision of this chapter shall be subject to a penalty as provided in Chapter 1, General Provisions, § 1-18 of this Code.

§ 161-5 Possession of ignition devices on school premises prohibited.

[Added 2-15-2001 by Ord. No. 2129]
A. 
As used in this section, the following terms shall have the meanings indicate:
(1) 
Matches.
(2) 
Lighters.
(3) 
Any other materials when used for the purposes of ignition.
MINOR
A child under 18 years of age.
SCHOOL
A public, parochial or private school which provides an educational program for one or more grades between grades 1 and 12 and which is commonly known as an "elementary school," "middle school," "junior high school," "senior high school," or "high school."
SCHOOL BUILDING
Any building owned, leased or used by a public school in the City of New Berlin.
B. 
Possession prohibited. No minor may possess any ignition device at any time inside any school building, unless under the direct supervision of a parent, legal guardian or school official.
C. 
Confiscation. Any ignition devices possessed by a minor inside any school building may be confiscated by any peace officer, Fire Chief or authorized designee of the Fire Chief.
D. 
Penalty.
(1) 
Any person who shall violate any of the provisions of this section hereby adopted shall for each and every violation be punished by a forfeiture of not less than $50 nor more than $200 for each offense, plus any costs and surcharges as required by law.
(2) 
In addition to any other penalties provided for in this code, the judge of any court of competent jurisdiction (including but not limited to the New Berlin Municipal Court) may order any person found guilty of violating this section to attend any educational programs as the court deems appropriate and may include as part of the penalty therein that such person pay the costs of such educational program.