[Adopted as § 9.08 of the 1998 Code]
[Amended 3-8-1993 by Ord. No. 288[1]]
No child under the age of 18 years shall loiter, idle or remain upon
any street, alley or other public place (including any place of amusement
or hotel, motel or rooming house) or in any vacant lot in the Village between
10:30 p.m. and 5:00 a.m. the next day Sunday through Thursday, and between
12:00 midnight and 5:00 a.m. Friday and Saturday, unless this child is accompanied
by his parent, guardian, or other adult person having legal custody of such
child, and no child under the age of 14 years shall loiter, idle or remain
upon any street, alley or other public place (including any place of amusement
or hotel, motel or rooming house) or in any vacant lot in the Village of Waterford
between 10:30 p.m. and 5:00 a.m. the next day, unless such child is accompanied
by his parent, guardian or other adult person having legal custody of such
child.
A.
This article shall not apply to a child:
(1)
Performing an errand as directed by his parent, guardian
or other person having lawful custody.
(2)
Who is on his own premises or in the areas immediately
adjacent thereto.
(4)
Returning home from a supervised school, church or civic
function.
(5)
Who is participating in, going to or returning from:[2]
(a)
An emergency involving the protection of a person or
property from an imminent threat of serious bodily injury or substantial damage;
(b)
An activity conducted by a nonprofit or governmental
entity that provides recreation, education, training, or other care under
the supervision of one or more adults; or
(c)
An activity involving the exercise of the child's
rights protected under the First Amendment to the United States Constitution
or Article I of the Constitution of the State of Wisconsin, or both, such
as freedom of speech or the right of assembly.
No parent, guardian or other person having legal custody of a child under the age of 18 years shall permit such child to loiter, idle or remain upon any street, alley or other public place (including any place of amusement or hotel, motel or rooming house) or in a vacant lot in the Village during the hours specified in § 159-1 unless such child is accompanied by his parent, guardian or other adult person having legal custody of such child.
No person operating a place of amusement or entertainment within the Village, or any agent, servant or employee of such person, shall permit a child under the age of 18 years to enter or loiter in such place of amusement or entertainment during the hours specified in § 159-1 unless such child is accompanied by his parent, guardian or other adult person having legal custody of such child.
No person operating a hotel, motel or lodging or rooming house within the Village, or any agent, servant or employee of such person, shall permit any child under the age of 18 years to visit, idle, wander or stroll in any portion of such hotel, motel or lodging or rooming house during the hours specified in § 159-1 unless such child is accompanied by his parent, guardian or other adult person having legal custody of such child.
No person not in official attendance or on official school business
shall enter into, congregate, loiter, wander, stroll, stand or play in any
school building or in or about any playground area adjacent thereto within
the Village between 8:00 a.m. and 4:00 p.m. on official school days.
A child believed to be violating the provisions of this article shall be reported to the Chief of Police or the Sheriff's Department for Racine County, Wisconsin, for proper identification. Every law enforcement officer while on duty shall make reasonable inquiry as to the reason for a child's violation of the curfew set forth herein, and if no credible reason that would constitute an exception under § 159-2 is presented by the child, may detain any child violating this article pursuant to the detention provisions of Wis. Stat. ch. 48.
The first time a child is detained by law enforcement officers as provided in § 159-7, a parent, guardian or person having legal custody shall be advised as to the provisions of this article, and any violation of this article occurring thereafter by this child or any other child under such person's care or custody shall result in a penalty being imposed as provided in § 159-9.
A.
Any parent, guardian or person having legal custody of a child described in this article who has been warned in the manner provided in § 159-8 and who thereafter violates any of the provisions of this article shall be subject to a penalty as provided in Chapter 1, Article II, of this Municipal Code.
