[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.]
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.
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.
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.
[Amended 8-16-2011 by Ord. No. 2011-06; 3-24-2020 by Ord. No. 2020-04]
A.
CHILD
CIGARETTE
LAW ENFORCEMENT OFFICER
NICOTINE PRODUCT(S)
TOBACCO PRODUCTS
VAPOR PRODUCT(S)
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:
As given in § 48.02(2), Wis. Stats.
As given in § 139.30(1m), Wis. Stats.
As given in § 30.50(4s), Wis. Stats.
As given in § 134.66(1)(f), Wis. Stats.
As given in § 139.75(12), Wis. Stats.
As given in § 139.75(14), 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, nicotine product,
tobacco product or vapor product;
(2)
Falsely represent his age for the purpose of receiving
any cigarette, nicotine product, tobacco product or vapor product;
or
(3)
Possess any cigarette, nicotine product, tobacco product
or vapor product.
C.
A law enforcement officer shall seize any cigarette, nicotine product, tobacco product or vapor 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 by Ord. No. 2007-01; amended 3-24-2020 by Ord. No. 2020-04]
No person may purchase cigarettes, nicotine
products, tobacco products and vapor products on behalf of, or to
provide to, any person, except as provided in § 254.92,
Wis. Stats. Any person who violates this section may be required to
forfeit not more than $500.[1]
A.
ACCEPTABLE EXCUSE
HABITUAL TRUANT
TRUANT
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:
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.
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.
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.
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.
[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.
