Loitering — See Ch. 157.
Tobacco products — See Ch. 225.
ARTICLE ICurfew (§ 165-1 — § 165-6)
ARTICLE IITruancy (§ 165-7 — § 165-9)
§ 165-1Hours of curfew; exceptions.
§ 165-2Responsibility of parents.
§ 165-3Responsibility of business owners.
§ 165-4Effect on existing laws.
§ 165-5Right to detain minor.
§ 165-6Violations and penalties.
It shall be unlawful for any person 16 years of age and under to be on foot, bicycle or any type of vehicle on any public street, avenue, highway, road, alley, park, school grounds, swimming beach, cemetery, playground, public building or any other public place in the City of Hudson between the hours of 11:00 p.m. and 5:00 a.m., unless such person is accompanied by a parent or guardian or an adult person having custody of such minor.
Subsection A above shall not apply to a child:
Who is performing an errand as required by his parent, guardian or person having lawful custody.
Who is on his own premises or on privately owned areas adjacent to his premises (with the owner's consent) or at another person's residence with consent of the child's parent, guardian or person having lawful custody.
Whose employment makes it necessary to be upon the streets, alleys or public places or in any motor vehicle during such hours.
Who is returning home from a supervised school, church or civic function.
The exceptions shall not, however, permit a child to loiter unnecessarily about the streets, alleys or public places or to be in a parked motor vehicle without a parent on the public streets.
No parent, guardian or other person having legal custody of a child 16 years of age and under shall permit such child to loiter, idle or remain upon any street, alley or other public place in the City of Hudson which is in violation of this article.
No person operating or in charge of any place of amusement, entertainment or refreshment or other place of business shall permit any minor 16 years of age and under to loiter, loaf or idle in such place during the hours prohibited by this article.
This article shall not permit the presence, at any time, of any person 16 years of age and under in any place where his/her presence is now prohibited by any existing law.
Every law enforcement officer is hereby authorized to detain any minor violating the provisions of the above until such time as the parent, guardian or person having legal custody of the minor is notified. The officer shall notify the person in custody of the child as soon as possible and shall release the minor to that person or someone designated by that person.
Any minor violating this article shall be subject to a mandatory appearance in court with a parent, guardian or adult person having lawful custody of the child and, upon conviction of a violation of this article, shall be subject to a forfeiture of not more than $25 and, in addition to or in lieu thereof, such other penalties and restrictions as may be imposed by the Municipal Judge in juvenile matters.
Any parent, guardian or adult person having lawful custody of the child who knowingly violates this article shall be subject to a forfeiture of not more than $25, plus costs.
Where no other penalty is provided, any person who shall violate any provision of this article shall be subject to a penalty as provided in Chapter 1, § 1-18 of this Municipal Code, provided that for a violation of this article a person 16 years of age and under may be warned of the penalty for such violation by any police officer of the city and may be taken and delivered to the custody of the person having legal custody over him, and for any offense he may be dealt with according to the provisions of W.S.A. chs. 48 and 938.N FNOTEEditor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
In addition to any penalty imposed for violation of this chapter, any person who shall cause physical damage to or destroy any public property shall be liable for the costs of replacing or repairing such damaged or destroyed property.
§ 165-7Statutory authority.
§ 165-9Violations and penalties.
This article regulating truancy in the City of Hudson is adopted pursuant to the authority of W.S.A. s. 118.163.
The following terms shall have the following meanings when used in this article:
- HABITUAL TRUANT
- A pupil who is absent from school without an acceptable excuse under W.S.A. ss. 118.15 and 118.16(4) for part or all of five days or more on which school is held during a school semester.
- A pupil who is absent from school without an acceptable excuse under W.S.A. ss. 118.15 and 118.16(4) for part or all of any day on which school is held during a school semester.
Any youth 17 years of age or younger but over the age of 12 years of age who violates this article shall be subject to the following penalties and dispositions:
Suspension of the child's operating privileges, as defined in W.S.A. s. 340.01(40), for a period of not less than 30 days. The court shall immediately take possession of any suspended license and shall forward it to the Department of Transportation, together with a notice stating the reason for and the duration of the suspension. The court is authorized to suspend the operating privileges of a school dropout or habitual truant until such individual reaches the age of 18.
An order for the child to participate in counseling, community service or a supervised work program.
An order for the child to remain at home except during hours in which the child 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 child to leave his or her home if the child is accompanied by a parent or guardian.
An order for the child to attend an educational program under W.S.A. s. 48.345(12).
Impose a forfeiture of not more than $50 plus costs for a first violation or a forfeiture of not more than $100 plus costs for any second or subsequent violation committed within 12 months of a previous violation, subject to W.S.A. s. 938.37 and subject to a maximum cumulative forfeiture amount of not more than $500 for all violations committed during a school semester. All or part of the forfeiture plus costs may be assessed against the person, the parent or guardian of the person, or both.
Impose an order for the person to attend school.