[HISTORY: Adopted by the Common Council of the City of Bayfield 4-1-1992 (§§ 11-5-1 through 11-5-7 of the 1992 Code of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Minors and alcoholic beverages — See Ch. 255.
Peace and good order — See Ch. 306.
A. 
Curfew established. It shall be unlawful for any person under 18 years of age 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 City of Bayfield between the hours of 11:00 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.
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, but not later than 30 minutes after the ending of such 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. 
Parental responsibility. It shall be unlawful for any parent, guardian or other person having the lawful care, custody and control of any person under 18 years of age 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 18 years of age to violate this section.
D. 
Taking a child into custody.
(1) 
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 § 48.227, Wis. Stats. The parent, guardian, legal custodian, or other responsible adult to whom the child is released shall sign a release for the child.
(2) 
If the child is not released under this subsection, the officer shall deliver the child to the Bayfield 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 discretion and sent home in lieu of taking the juvenile into custody.
(3) 
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.
E. 
Warning and penalty.
(1) 
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.
(2) 
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(l) herein and who thereafter violates this section shall be subject to a penalty as provided in Chapter 1, General Provisions, Article I, § 1-3, Violations and penalties, of the Code of the City of Bayfield. 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.
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.
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. 
Definitions. The following definitions are applicable in this section:
CIGARETTE
Has the meaning given in § 139.30(1), Wis. Stats.
LAW ENFORCEMENT OFFICER
Has the meaning given in § 30.50(4s), Wis. Stats.
TOBACCO PRODUCTS
Has the meaning given in § 139.75(12), Wis. Stats.
B. 
Prohibitions. Except as provided in Subsection C, no person under 18 years of age may do any of the following:
(1) 
Buy or attempt to buy any cigarette or tobacco product.
(2) 
Falsely represent his or her age for the purpose of receiving any cigarette or tobacco product.
(3) 
Possess any cigarette or tobacco product.
C. 
Resale exception. A person under 18 years of age may purchase or possess cigarettes or tobacco products for the sole purpose of resale in the course of employment during his or her working hours if employed by a retailer licensed under § 134.65(1), Wis. Stats.
D. 
Seizures by law enforcement officers. A law enforcement officer shall seize any cigarette or tobacco product involved in any violation of Subsection B committed in his or her presence.
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 ordinance 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 the Code of the City of Bayfield against persons 12 through 17 years of age may be brought on behalf of the City of Bayfield 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 section.
D. 
Additional prohibited acts. In addition to any other provision of the Code of the City of Bayfield, 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.[1]
[1]
Editor's Note: See also Ch. 255, Intoxicating Liquor and Fermented Malt Beverages, Art. II, Offenses Involving Alcoholic Beverages.
A. 
Citation process. For violations of §§ 260-2 through 260-6, juveniles may be cited by the citation process on a form approved by the City Attorney and shall contain on the reverse side the penalties that the juvenile may receive simultaneously with issuing the citation to the juvenile. A carbon copy will be mailed to the parent or legal guardian.
B. 
Penalties. Violations of §§ 260-2 through 260-6 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., and any provision shall be subject to the same penalties as are provided in Chapter 1, General Provisions, Article I, § 1-3, Violations and penalties, of the Code of the City of Bayfield, exclusive of the provisions therein relative to commitment in the County Jail. Nothing in this section shall prevent the juvenile officer, in his discretion, from referring cases directly to court intake.