Town of Buchanan, WI
Outagamie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Buchanan 11-4-1997 as Ch. 54, Art. V, of the 1997 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Cigarette, tobacco products and smoking — See Ch. 244.
Peace and good order — See Ch. 420.

§ 377-1 Adoption of Juvenile Justice Code.

The provisions of Ch. 938, Wis. Stats., the Juvenile Justice Code, as subsequently amended, exclusive of the provisions relating to the penalties to be imposed or the punishment for violation of such statutes, are adopted and made a part of this section by reference.

§ 377-2 Possession of dangerous weapons.

A. 
Law enforcement officers in the Town shall take from a minor any dangerous weapon found in his possession in violation of this chapter.
B. 
In this section, the expression "dangerous weapon" means any firearm, whether loaded or unloaded, any device designed as a weapon and capable of producing death or great bodily harm, any electric weapon as defined in § 941.295(4), Wis. Stats., or any other device or instrument which, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm.

§ 377-3 Loitering.

A. 
Prohibited hours. It shall be unlawful for any persons under the age of 18 years to congregate, loiter, wander, stroll, stand or play in or upon the public streets, highways, roads, alleys, parks, public buildings, places of amusement and entertainment, vacant lots or any public places in the Town, either on foot or in or upon any conveyance being driven or parked thereon between the hours of 11:00 p.m. and 5:00 a.m. of the following day unless accompanied by his parent, guardian, or other adult person having the care, custody, or control of such minor.
B. 
Responsibility of parents. It shall be unlawful for the parent, guardian, or other adult person having the care and custody of a person under the age of 18 years to suffer or permit or by inefficient control to allow such minor to congregate, loiter, wander, stroll, stand or play in or upon the public streets, highways, roads, alleys, parks, public buildings, places of amusement and entertainment, vacant lots, or any public places in the Town between the hours of 11:00 p.m. and 5:00 a.m. of the following day unless accompanied by his parent, guardian, or other adult person having the care, custody, or control of such minor; provided, however, that any parent, guardian, or other adult person described in this section, who shall have made missing person notification to the Sheriff's Department shall not be considered to be in violation of this section.
C. 
Responsibility of operators of places of amusement. It shall be unlawful for any person operating places of amusement or entertainment or any agent, servant, or employee of any such person to permit any person under the age of 18 years to enter or remain in such places of amusement or entertainment between the hours of 11:00 p.m. and 5:00 a.m. unless such minor is accompanied by his parent, guardian, or other adult person having the care, custody, or control of such minor.
D. 
Responsibility of hotels, motels and rooming houses. It shall be unlawful for any person operating a hotel, motel, lodging house or rooming house, or the agents, servants or employees of such person, to permit any person under the age of 18 years to visit, loiter, idle, wander, or stroll in any portion of such hotel, motel, lodging house or rooming house between the hours of 10:00 p.m. and 7:00 a.m. of the following day; provided, however, that the provisions of this subsection shall not apply when the minor is accompanied by his parent, guardian, or other adult persons having the care, custody and control of such minor.

§ 377-4 Purchase or possession of tobacco products. [1]

A. 
The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
CHILD
As given in § 48.02(2), Wis. Stats.
CIGARETTE
As given in § 139.30(1m), Wis. Stats.
LAW ENFORCEMENT OFFICER
As given in § 30.50(4s), Wis. Stats.
TOBACCO PRODUCTS
As given in § 139.75(12), Wis. Stats.
B. 
Except as provided in § 254.92(2), Wis. Stats., no child may do any of the following:
(1) 
Buy or attempt to buy any cigarette or tobacco product;
(2) 
Falsely represent his age for the purpose of receiving any cigarette or tobacco product; or
(3) 
Possess any cigarette or tobacco product.
C. 
A law enforcement officer shall seize any cigarette or tobacco product involved in any violation of Subsection B of this section committed in his presence.
D. 
Any person who violates this section shall, upon conviction, be required to forfeit not less than $1 nor more than $200, together with the costs of prosecution.
[Added 8-16-2011 by Ord. No. 2011-06]
[1]
Editor's Note: See also Ch. 244, Cigarettes, Tobacco Products and Smoking.

§ 377-5 Providing cigarettes to minors.

[Added by Ord. No. 2007-01]
No person may purchase cigarettes on behalf of, or to provide to, any person who is under 18 years of age. Any person who violates this section may be required to forfeit not more than $500.[1]
[1]
Editor's Note: See also Ch. 244, Cigarettes, Tobacco Products and Smoking.

§ 377-6 Truancy.

A. 
Definitions. All terms herein, to the extent not specifically defined, shall have the same meanings as those terms used in context of the Wisconsin Statutes referred to below:
ACCEPTABLE EXCUSE
Permission of the parent/guardian/legal custodian of a pupil within limits of policies on truancy established by the school in which the pupil is enrolled. Except in emergencies or unforeseeable circumstances, such permission is expected to be communicated, in writing, from the parent/guardian/legal custodian to the school prior to the absence. In emergencies or unforeseeable circumstances, such communication is expected to be as soon as possible following the absence.
HABITUAL TRUANT
A pupil who is absent from school without an acceptable excuse under §§ 118.15 and 118.16(4), Wis. Stats., for part or all of five or more days on which school is held during the school semester.
TRUANT
A pupil who is absent from school without an acceptable excuse under §§ 118.15 and 118.16(4), Wis. Stats., for part or all of any day on which school is held during a school semester.
B. 
Prohibited acts. It shall be a violation of this section for a child to be a truant or habitual truant. Any child violating this section shall be subject to one or more of the penalties provided in Subsections C and D below, respectively.
C. 
Truancy penalties. For a child under the age of 18 who is found to be truant:
(1) 
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 § 938.37, Wis. Stats., 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, parents or guardian of the person, or both, if the parents or guardian have, by any act or omission, knowingly encouraged or contributed to the person's truancy pursuant to § 948.45, Wis. Stats.
(2) 
An order for the person to attend school.
D. 
Habitual truancy penalties. For a child under the age of 18 who is found to be a habitual truant:
(1) 
Suspension of the child's operating privilege, as defined in § 340.01(40), Wis. Stats., for not less than 30 days nor more than one year. Any license so suspended shall be immediately taken by the court and forwarded to the Department of Transportation together with a notice stating the reason for and the duration of the suspension.
(2) 
A forfeiture of not more than $500 plus costs.
(3) 
An order for the person to attend school.

§ 377-7 Contributing to truancy.

[Added by Ord. No. 2007-05]
The provisions of § 948.45, Wis. Stats., exclusive of any provisions relating to the penalty to be imposed or the punishment for the violation thereof, are hereby adopted and made part of this section by reference and made an offense punishable as a violation of this code.