[HISTORY: Adopted by the Village Board of the Village of
Woodville 8-13-1996 (Secs. 11-5-1, 11-5-5, 11-5-7, 11-5-8, 11-5-9 and 11-5-11 of the
1996 Code). Amendments noted where applicable.]
[Added 10-11-2011]
The Village Board hereby adopts and incorporates by reference Chapter 398, Peace and Good Order, of this Code as applicable to juveniles. With the exception of § 938.342, Wis. Stats., the penalty for the commission of those offenses and such offenses in this chapter shall be limited to a forfeiture imposed under § 1-4 of this Code. Any future amendments, revisions or modifications of the statutes incorporated herein by reference are intended to be made a part of this chapter.
A.
Curfew established. It shall be unlawful for any juvenile under age
18 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 Village of Woodville between the
hours of 10:30 p.m. and 6:00 a.m. Sunday through Thursday, or between
the hours of 12:00 midnight and 6:00 a.m. on Friday and Saturday,
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 juvenile, unaccompanied
by a 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 juvenile is there unlawfully and that
no reasonable excuse exists therefor.
B.
Exceptions.
(1)
This section shall not apply to a juvenile:
(b)
Who is on his own premises.
[Amended 7-9-2013]
(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 60 minutes after the ending of such function.
(2)
These exceptions shall not, however, permit a juvenile to unnecessarily
loiter about the streets, alleys or public places or be in a parked
motor vehicle on the public streets.
(3)
All functions registered with the Woodville Police Department pursuant
to this exemption shall be on nights which are not followed by a regular
school day.
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 age 18 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 juvenile under age 18 to violate this section.
D.
Detaining a juvenile. Pursuant to Ch. 938, Wis. Stats., law enforcement
officers are hereby authorized to detain any juvenile violating the
above provisions and other provisions in this chapter until such time
as the parent, guardian or person having legal custody of the juvenile
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 juvenile and shall sign
a release for him or her, or such juvenile may be taken directly from
the scene of his/her apprehension to his/her home. If such juvenile's
parents or relative living nearby cannot be contacted to take custody
of such juvenile and it is determined by the apprehending officer
that the juvenile's physical or mental condition is such as would
require immediate attention, the police officer may make such necessary
arrangements as may be necessary under the circumstances for the juvenile's
welfare.
E.
Warning and penalty.[2]
(1)
Warning. The first time a juvenile is detained by a law enforcement officer of the Village, as provided in Subsection D, such juvenile and the parent, guardian or person having legal custody of such juvenile 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 juvenile or any other juvenile under the care of such parent, guardian or person having legal custody shall result in a penalty being imposed as hereinafter provided.
(2)
Penalty. Any parent, guardian, or person having legal custody of a juvenile described in Subsection A above who has been warned in the manner provided in Subsection E(1) herein and who thereafter violates 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 juvenile, the action shall be dismissed and the juvenile shall be referred to the court assigned to exercise jurisdiction under Ch. 938, Wis. Stats. Any juvenile under 18 years of age who shall violate this section shall, upon conviction thereof, forfeit not less than $25 nor more than $100, together with the costs of prosecution.
A.
Adoption of state statutes. Sections 938.02 and 938.17(2), Wis. Stats.,
are hereby adopted and by reference made a part of this section as
if fully set forth herein.
B.
ADULT
JUVENILE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A person who is 18 years of age or older, except that for
purposes of prosecuting a person who is alleged to have violated any
civil law or municipal ordinance, "adult" means a person who has attained
17 years of age.
A person who is less than 18 years of age, except that for
purposes of prosecuting a person who is alleged to have violated a
civil law or municipal ordinance, "juvenile" does not include a person
who has attained 17 years of age.
C.
Provisions of Code applicable to juveniles. Subject to the provisions
and limitations of § 938.17(2), Wis. Stats., complaints
alleging a violation of any provision of this Code against juveniles
may be brought on behalf of the Village of Woodville and may be prosecuted
utilizing the same procedures in such cases as are applicable to adults
charged with the same offense.
D.
No incarceration as penalty. The court shall not impose incarceration
as a penalty for any person convicted of an offense prosecuted under
this section.
E.
Additional prohibited acts. In addition to any other provision of
the Village of Woodville Code, no juvenile 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.
G.
Court authority to impose alternative juvenile dispositions and sanctions.[1]
(1)
For a juvenile adjudged to have violated an ordinance, a court is
authorized to impose any of the dispositions listed in §§ 938.343
and 938.344, Wis. Stats., in accordance with the provisions of those
statutes and this subsection.
(2)
For a juvenile adjudged to have violated an ordinance who violates
a condition of a dispositional order of the court under § 938.343
or 938.344, Wis. Stats., the Municipal Court is authorized to impose
any of the sanctions listed in § 938.355(6)(d), Wis. Stats.,
in accordance with the provisions of that statute.
(3)
This subsection is enacted under the authority of § 938.17(2)(cm),
Wis. Stats.
H.
Juvenile disposition alternatives for alcohol and drug offenses.
(1)
If a juvenile is found to have engaged in underage drinking of alcohol,
drinking of alcohol on school premises or at a school-sponsored activity,
falsifying proof of age, possessing drug paraphernalia, or delivery
of drug paraphernalia to a minor in violation of Village ordinances,
the court may order any of the following:
(2)
After
ordering any of the above penalties, the court may, with the juvenile's
agreement, enter an additional order staying the execution of the
penalty order and suspending or modifying the penalty imposed and
may require the juvenile to do any of the following:
(3)
In addition to the dispositions listed above, the court may order
a juvenile to participate in a teen court program if the following
conditions are satisfied:
(a)
The chief judge of the judicial administrative district has
approved a teen court program established in the juvenile's county
of residence and the judge determines that participation in the court
program will likely benefit the juvenile and the community.
(b)
(c)
The juvenile has not successfully completed participation in
a teen court program during the two years before the date of the alleged
violation.
(4)
If the court finds that a juvenile's parent or guardian is unable
to provide or refuses to provide court-ordered AODA services for the
juvenile through his or her health insurance or other third-party
payments, the court may order the parent or health insurer to pay.
I.
Dispositional alternatives for other ordinance violations. The court
may impose one or more of the dispositional alternatives listed in
§ 938.343, Wis. Stats., against a juvenile found to have
violated a municipal ordinance, for which no penalty is otherwise
provided.[3]
J.
Violation of juvenile dispositional orders. The court may impose
the following sanctions on a juvenile who has violated a Village ordinance
and who has violated a condition of his or her dispositional order:
A.
ACCEPTABLE EXCUSE
ACT OF COMMISSION OR OMISSION
HABITUAL TRUANT
TRUANCY
Definitions. For the purpose of this section, the following definitions
shall be applicable:
The meaning as defined in §§ 118.15 and 118.16(4),
Wis. Stats.
Anything that contributes to the truancy of a juvenile, whether
or not the juvenile is adjudged to be in need of protection or services,
if the natural and probable consequences of that act would be to cause
the child to be truant.
A pupil who is absent from school without an acceptable excuse
for either of the following:
Any absence for part or all of one or more days from school
during which the school attendance officer, principal or teacher has
not been notified of the legal cause of such absence by the parent
or guardian of the absent pupil. Intermittent attendance carried on
for the purpose of defeating the intent of § 118.15, Wis.
Stats., shall also be considering truancy.
B.
Prohibition against habitual truant. Any person attending school
in the Village between the ages of six and 18 years, subject to the
exceptions found under § 118.15, Wis. Stats., is prohibited
from becoming a habitual truant as the term is defined in this section.
Any police officer in this Village is authorized to issue a citation
to any such person who is determined to be a habitual truant under
the terms of this section.
C.
Preconditions to issuance of citation. Prior to the issuance of any
citation, the district school attendance officer shall provide evidence
to the Police Department that appropriate school personnel in the
school in which the juvenile is enrolled have within the school year
during which the truancy occurred:
(1)
Met with or attempted to meet with the juvenile's parent or
guardian to discuss the juvenile's truancy.
(2)
Provided an opportunity for educational counseling to the juvenile
and considered curriculum modifications.
(3)
Evaluated the juvenile to determine whether learning problems are
the cause of the truancy and, if so, taken steps to overcome the learning
problems.
(4)
Conducted an evaluation to determine whether social problems are
the cause of the juvenile's truancy and, if so, taken appropriate
action or made appropriate referrals.
D.
Form of citation. Any citation issued shall be returnable in the
court in the same manner as all other ordinance citations are returnable.
The citation is to state on its face that this is a "must appear"
citation, and no forfeiture amount is to be written on the face of
the citation.
E.
Disposition. Upon a finding that the juvenile is habitually truant,
the following dispositions are available to the court:
(1)
Suspension of operating privileges. Suspend the juvenile's operating
privileges as defined in § 340.01(40), Wis. Stats., for
not less than 30 days nor more than 90 days. The judge shall immediately
take possession of the suspended license and forward it to the Department
of Transportation of the State of Wisconsin, together with a notice
setting forth the reason for and duration of the suspension.
(2)
Counseling, service or work program. Order the juvenile to participate
in counseling, community service or a supervised work program under
§ 938.34(5g), Wis. Stats.
(3)
In-house restraint. Order the juvenile to remain at home except for
the hours in which the juvenile 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 juvenile
to leave home if the juvenile is accompanied by a parent or guardian.
(4)
Educational programs. Order the juvenile to attend an educational
program as set forth in § 938.34(7d), Wis. Stats.
(6)
Teen court program. Order the juvenile to be placed in a teen court
program if all of the following conditions apply:
(a)
The chief judge of the judicial administrative district has
approved a teen court program established in the juvenile's county
of residence and the judge determines that participation in the court
program will likely benefit the juvenile and the community.
(b)
The juvenile admits or pleads no contest to the allegations
that the juvenile was truant in open court with the juvenile's
parent, guardian or legal custodian present.
(c)
The juvenile has not successfully completed participation in
a teen court program during the two years before the date of the alleged
violation.
(7)
Parental counseling. Order the parent, guardian or legal custodian
of a habitually truant juvenile to participate in counseling at his
or her own expense.
F.
Required school attendance.
(1)
Violations. Any person having under his/her control a juvenile who
is between the ages of six and 18, subject to the exceptions found
in § 118.15, Wis. Stats., shall cause the juvenile to attend
school regularly during the full period and hours that the public
or private school in which the juvenile shall be enrolled is in session
until the end of the school term, quarter, or semester of the school
year in which the juvenile becomes 18 years of age.
(2)
Exceptions.
(a)
A person will not be found in violation of this subsection if
that person can prove that he/she is unable to comply with the provisions
of this section because of the disobedience of the juvenile. The juvenile
shall be referred to the court assigned to exercise jurisdiction under
Ch. 938, Wis. Stats.
(b)
A person will not be found in violation of this subsection if
he/she has a juvenile under his/her control and the child has been
sanctioned under § 49.26(1)(h), Wis. Stats.
(3)
Proof required for exacting a penalty. Before a person may be found
guilty of violating this section, the school attendance officer must
present evidence to the court that the activities under § 118.16(5),
Wis. Stats., have been completed by the school system. If that evidence
has been presented to the court and if the court finds a person guilty
of violating this section, a forfeiture may be assessed as hereinafter
provided.
G.
Contributing to truancy.
(1)
(2)
Subsection G(1) above does not apply to a person who has under his or her control a juvenile who has been sanctioned under § 49.26(1)(h), Wis. Stats.
H.
Parent or guardian liability for truancy.
(1)
Unless the juvenile is excepted or excused under § 118.15,
Wis. Stats., or has graduated from high school, any person having
under control a juvenile who is between the ages of six and 18 years
shall cause the juvenile to attend school regularly during the full
period of hours, religious holidays excepted, that the public or private
school in which the juvenile should be enrolled is in session until
the end of the school term, quarter or semester of the school year
in which the juvenile becomes 18 years of age.
C.
Subsection A does not apply to any of the following:
(1)
A person operating a runaway home in compliance with § 48.227,
Wis. Stats.;
(2)
A person who shelters or conceals a child at the request or with
the consent of the child's parent, guardian or legal or physical
custodian, except if the sheltering or concealment violates § 948.31,
Wis. Stats.; or
(3)
A person who immediately notifies a law enforcement agency, county
department of public welfare or social services, or the intake worker
of the court exercising jurisdiction under Ch. 48, Wis. Stats., that
he or she is sheltering or concealing such child and provides the
person or agency notified with all information requested.
A.
Definition of tobacco products. For the purposes of this section,
"tobacco products" means any substance containing tobacco leaf, including
but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing
tobacco or dipping tobacco.
B.
Purchase by minors prohibited. It shall be unlawful for any person
under the age of 18 years to purchase tobacco products or to misrepresent
his identity or age or to use any false or altered identification
for the purpose of purchasing tobacco products.
C.
Possession by minors prohibited. It shall be unlawful for any person
under the age of 18 years to possess any tobacco products, provided
that the possession by a person under the age of 18 years under the
direct supervision of the parent or legal guardian of such person
in the privacy of the parent's or guardian's home shall
not be prohibited.
D.
Statutes adopted. The provisions of §§ 254.92, 134.66
and 778.25(1)(a), Wis. Stats., are adopted by reference and incorporated
herein.
A.
Citation process. For violations of §§ 335-3 through 335-6, 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 juvenile. A copy will be mailed to the parent or legal guardian.[1]
B.
Penalties. Violations of §§ 335-3 through 335-6 by a person under the age of 18 shall be punishable according to § 1-4 of this Code and §§ 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.
