[HISTORY: Adopted by the Village Board of
the Village of Cambria 3-7-1988 as Title 9, Ch. 6 of the 1988 Code. Amendments noted where
applicable.]
A.
It shall be unlawful for any person 16 years of age
or under to be on foot, bicycle or in 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 Village of Cambria between the hours of 10:00 p.m. and 5:00
a.m., 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.[1]
B.
Exceptions.
(1)
This section shall not apply to a child:
(a)
Who is performing an errand as directed by his
parent, guardian or person having lawful custody.
(b)
Who is on his 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.
(2)
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.
C.
It shall be unlawful for any parent, guardian or other person having the lawful care, custody and control of any person under 16 years of age to allow or permit such person to violate the provisions of Subsections A and 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 chapter 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 law enforcement shall not be considered to have allowed or permitted any person under 16 years of age to violate this section.[2]
D.
It shall be unlawful for any person, firm or organization
operating or in charge of any place of amusement, entertainment, refreshment
or other place of business to permit any minor under 16 years of age
to loiter, loaf or idle in such place during the hours prohibited
by this section. Whenever the owner or person in charge or in control
of any place of amusement, entertainment, refreshment or other place
of business during the hours prohibited by this section shall find
persons under 16 years of age loitering, loafing or idling is such place of business, he shall
immediately order such person to leave and, if such person refuses
to leave said place of business, the operator shall immediately notify
the law enforcement agency and inform it of the violation.[3]
E.
Every law enforcement officer is hereby authorized
to detain any minor violating the provisions above during such time
as the parent, guardian or person having legal custody of the minor
shall be immediately notified, and the person so notified shall as
soon as reasonably possible thereafter report to the law enforcement
agency for the purpose of taking custody of the minor and shall sign
a release for him or her. If no response is received, the law enforcement
agency shall take whatever action is deemed necessary in the best
interest of the minor.[4]
F.
The first time a minor is detained by a law enforcement officer of the Village, as provided in Subsection E, such minor and the parent, guardian or person having legal custody of such minor shall be advised personally, if known, or by registered mail as to the provisions of this section and further advised that any violation of this section occurring thereafter by such minor or any other minor under the care of such parent, guardian or person having legal custody shall result in a penalty being imposed as hereinafter provided.[5]
G.
Penalty.
(1)
Any parent, guardian or person having legal custody of a child described in Subsections A through E who has been warned in the manner provided in Subsection F and who thereafter violates any of the provisions of this section shall be subject to a penalty as provided in § 1-5 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 chapter 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.
It shall be unlawful for any person under the
age of 18 to possess a controlled substance contrary to the Uniformed
Controlled Substances Act, Chapter 961 of the Wisconsin Statutes.
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.
It shall be unlawful for a person under the
age of 18 to intentionally receive or conceal property he knows to
be stolen.
A.
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.
B.
Provisions of Village ordinances applicable to persons
14 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 Village ordinances against persons 14 through
17 years of age may be brought on behalf of the Village of Cambria
and may be prosecuted utilizing the same procedures in such cases
as are applicable to adults charged with the same offense.
C.
No incarceration as penalty. The court shall not impose
incarceration as a penalty for any person convicted of an offense
prosecuted under this chapter.
D.
Additional prohibited acts. In addition to any other
provision of the Village Code, no person 14 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.
[Added 9-11-2000]
A.
Statutory provisions adopted. The Village of Cambria
does hereby adopt by reference §§ 118.16 and 118.163,
Wis. Stats., and any further amendment thereto, relative to school
attendance enforcement and municipal truancy in school drop-out ordinances.
The Village of Cambria does further provide that the disposition for
a charge of municipal truancy available to the court shall be as found
in § 118.163, Wis. Stats. The penalties for violation of
either § 118.16 or 118.163, Wis. Stats., shall be commensurate
with that prescribed in the respective sections.
B.
Compulsory school attendance and contributing to the truancy of a child. The Village of Cambria does hereby adopt by reference §§ 118.15 and 948.45, Wis. Stats., relative to compulsory school attendance and contributing to the truancy of a child. A violation of these sections shall be punishable pursuant to the penalty provisions of § 297-7.
[Amended 9-11-2000]
A.
Citation process. For violations of §§ 297-2 through 297-6, juveniles may be cited by the citation process on a form approved by the Village Attorney, which shall contain on the reverse side the penalties that the juvenile may receive simultaneously with issuing the citation to the juveniles. A carbon copy will be mailed to the parent or legal guardian.
B.
Penalties. Violations of §§ 297-2 through 297-6 by a person under the age of 18 shall be punishable according to §§ 938.17(2), 938.343, 938.344 and 938.345, Wis. Stats. Nothing in this section shall prevent a law enforcement officer, in his discretion, from referring cases directly to the District Attorney's office.[1]
