[HISTORY: Adopted by the Village Board of
the Village of Siren 1-8-1988 as Title 9, Ch. 6 of the 1988 Code. Amendments noted where
applicable.]
GENERAL REFERENCES
Bicycles and play vehicles — See Ch. 212.
A.
It shall be unlawful for any person under 16 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, swimming
beach, cemetery, playground, public building or any other public place
in the Village of Siren 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 his or her 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.
(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 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 16 years of age to violate this section.
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 in 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 Police Department and inform it of the
violation.
E.
Every law enforcement officer is hereby authorized to detain any minor violating the provisions of Subsection A or B above until 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 Police Department for the purpose of taking the custody of the minor and shall sign a release for him or her. If no response is received, the police shall take whatever action is deemed necessary in the best interest of the minor.
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.[1]
G.
Penalties.
(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 § 1-4 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 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.
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.
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 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 this
Code of Ordinances against persons 14 through 17 years of age may
be brought on behalf of the Village of Siren 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 Village of Siren Code of Ordinances, no person age
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.
A.
Citation process. For violations of §§ 344-2 through 344-5, juveniles may be cited by the citation process on a form approved by the Village Attorney and which 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 §§ 344-2 through 344-5 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 the juvenile officer, in his discretion, from referring cases directly to the District Attorney's office.
[Added 4-8-2004; amended 2-5-2009]
A.
ACCEPTABLE EXCUSE
CHILD
HABITUAL TRUANT
SCHOOL
TRUANT
Definitions.
As used in this section, the following terms shall have the meanings
indicated:
An acceptable excuse as defined in §§ 118.15(3)
and 118.16(4), Wis. Stats.[1]
A person under the age of 18 years.
A child who is absent from school without an acceptable excuse
for part or all of five or more school days during a semester in which
school is held.[2]
Any primary or secondary school in the State of Wisconsin.
A pupil who is absent from school without an acceptable excuse
for part of all or any one day on which school is held during the
school semester.
B.
Truancy.
(1)
Truancy prohibited. A child is prohibited from being
truant.
(2)
Penalty. Any child who commits any act of truancy
is subject to the following penalties:
(a)
A forfeiture of not more than $50 plus costs for the 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, the parents or guardians
of the person, or both.
(b)
An order for the person to attend school.
C.
Habitual truancy.
(1)
Prohibition
of habitual truancy. A child is prohibited from being a habitual truant.
(2)
Penalty. Upon finding that a child is a habitual truant,
the court shall enter an order making one or more of the following
options:
(a)
Suspension of the person's operating (driving)
privilege, as defined in § 340.01(40), Wis. Stats., for
not less than 30 days nor more than one year. The court shall immediately
take possession of any suspended license and forward it to the Wisconsin
Department of Transportation, together with a notice stating the reason
for and the duration of the suspension.
(b)
An order for the person to participate in counseling
or a supervised work program or other community service work as described
in § 938.34(5g), Wis. Stats. The costs of any such counseling,
supervised work program or community service work may be assessed
against the person, the parents or the guardian of the person, or
both. Any county department, Village department, community agency,
public agency or nonprofit charitable organization administering a
supervised work program or other community service work to which a
person is assigned under an order under this subsection acting in
good faith has immunity from civil liability in excess of $25,000
for any act or omission by or impacting on that person.
(c)
An order for the person to remain at home except
during hours in which the person 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 person
to leave his/her home if the child is accompanied by a parent or guardian.
(d)
An order for the person to attend an education
program as described in § 938.34(7d), Wis. Stats.
(e)
An order for the Wisconsin Department of Workforce
Development to revoke, under § 103.72, Wis. Stats., a permit
under § 103.70, Wis. Stats., authorizing the employment
of the person.
(f)
An order for the person to be placed in a teen
court program if all of the following conditions apply [§ 938.342(1g)(f),
Wis. Stats.]:
[1]
The chief judge of the judicial administrative
district has approved a teen court program established in the person's
county of residence and the court determines that participation in
the teen court program will likely benefit the person and the community.
[2]
The person admits or pleads no contest in open
court, in the presence of the person's parent, guardian or legal custodian,
to the allegations that the person violated the municipal ordinance
enacted under § 118.163(2), Wis. Stats.
[3]
The person has not successfully completed participation
in a teen court program during the two years before the date of the
alleged municipal ordinance violation.
(g)
An order for the person to attend school.
(h)
Impose a forfeiture of not more than $500 plus
costs subject to § 938.37, Wis. Stats. All or part of the
forfeiture plus costs may be assessed against the person, the parents
or guardian of the person, or both.
(i)
An order placing the person under formal or
informal supervision, as described in § 938.34(2), Wis.
Stats., for up to one year.
(j)
An order for the person's parent, guardian or
legal custodian to participate in counseling at the parent's, guardian's
or legal custodian's own expense or to attend school with the person,
or both.
(k)
An order for the person to comply with any other
reasonable conditions consistent with this section, including a curfew,
restrictions as to going to or remaining on specified premises and
restrictions on associating with other children or adults.
(l)
An order for the person to report to a youth
report center after school, in the evening, on weekends, on other
nonschool days, or at any other time that the juvenile is not under
immediate adult supervision, for participation in the social, behavioral,
academic, community service and other programming of the center. Section
938.34(5g), Wis. Stats., applies to any community service work performed
by a person under this subsection.
(3)
Contempt of court. Failure to comply with a truancy
disposition order of the court may result in a finding of contempt
of court with the imposition of a monetary or other penalty as determined
by the court.
D.
Orders applicable to parents, guardians and legal
custodians.
(1)
If the court finds that the person violated this section, the court may, in addition to or instead of the dispositions under Subsection C(2), order the person's parent, guardian or legal custodian to participate in counseling at the parent's, guardian's or legal custodian's own expense or to attend school with the person, or both, if the disposition is authorized by the municipal ordinance.
(2)
If the court finds the person violated this section prohibiting truancy, the court may, as part of the disposition under Subsection B, order the person's parent or guardian to pay all or part of the forfeiture plus costs assessed under Subsection B(2). If the court finds that the person violated this section prohibiting habitual truancy, the court may, as part of the disposition under Subsection C, order the person's parent or guardian to pay all or part of the costs of any program ordered under Subsection C(2)(b) or to pay all or part of a forfeiture plus costs assessed under Subsection C(2)(h).
(3)
No order to any parent, guardian or legal custodian under Subsection D(1) or (2) may be entered until the parent, guardian or legal custodian is given an opportunity to be heard on the contemplated order of the court. The court shall cause notice of the time, place and purpose of the hearing to be served on the parent, guardian or legal custodian personally at least 10 days before the date of the hearing. The procedure in these cases shall, as far as practicable, be the same as in other cases to the court. At the hearing, the parent, guardian or legal custodian may be represented by counsel and may produce and cross-examine witnesses. A parent, guardian or legal custodian who fails to comply with any order issued by a court under Subsection D(1) or (2) may be proceeded against for contempt of court.
E.
School attendance condition. If school attendance is a condition of an order under Subsection B(2) or C(2), the order shall specify what constitutes a violation of the condition and shall direct the school board of the school district, or the governing body of the private school, in which the person is enrolled to notify the court or, if the person is under the supervision of an agency under Subsection C(2)(i), the agency that is responsible for supervising the person within five days after any violation of the condition of the person.
F.
Contributing to truancy.
(2)
Subsection F(1) above does not apply to a person who has under his or her control a child who has been sanctioned under § 49.26(1)(h), Wis. Stats.
(3)
An act or omission contributes to the truancy of a
child, whether or not the child is adjudged to be in need of protection
or services, if the natural and probable consequences of that act
or omission would be to cause the child to be truant.
G.
Parent or guardian liability for truancy.
(1)
Unless the child is excepted or excused under § 118.15,
Wis. Stats., or has graduated from high school, any person having
under his or her control a child who is between the ages of six and
18 years shall cause the child to attend school regularly during the
full period of hours, religious holidays excepted, that the public
or private school in which the child should be enrolled is in session
until the end of the school term, quarter or semester of the school
year in which the child becomes 18 years of age.
(2)
A person found to have violated Subsection G(1) above, after evidence is provided by a school official that the activities under § 118.16(5), Wis. Stats., have been completed, shall be subject to a forfeiture of not less than $25 nor more than $1,000.
(3)
This subsection does not apply:
(a)
To a person who has under his/her control a
child who has been sanctioned under § 49.26(1)(h), Wis.
Stats.
(b)
To a person who proves that he/she is unable
to comply with the requirements of this subsection because of the
disobedience of the child, in which case the action shall be dismissed
and the juvenile or law enforcement authority shall refer the case
to the District Attorney's office.
(c)
Unless evidence has been provided by the school
attendance officer that the activities under § 118.16(5),
Wis. Stats., have been completed or were not required to be completed
as provided in § 118.16(5m), Wis. Stats.
