Village of Stratford, WI Juveniles

No person under the age of 18 or who has not yet graduated from high school shall loiter, idle, or remain, and no parent, guardian, or person having lawful custody shall knowingly permit him or her to loiter, idle or remain, in any public place in the Village of Stratford between the hours of 10:30 p.m. and 6:00 a.m. Sunday through Thursday and 12:00 midnight and 6:00 a.m. Friday and Saturday.

Exceptions. This section shall not apply to a person who is:

(1)

Performing an errand as directed by his or her parent, guardian or person having lawful custody.

(2)

Returning directly home from an activity which had prior approval of the parent, guardian or person having lawful custody, such as a family or school activity, church program, or approved organizational activity.

(3)

Lawfully employed and it becomes necessary to be out and about during the restricted times to fulfill his or her duties.

§ 339-2 Possession of controlled substances.

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.

§ 339-3 Petty theft.

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.

§ 339-4 Receiving stolen goods.

It shall be unlawful for a person under the age of 18 to intentionally receive or conceal property he knows to be stolen.

§ 339-5 Village jurisdiction over juveniles.

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.

Provisions of Code 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 against persons 14 through 17 years of age may be brought on behalf of the Village of Stratford and may be prosecuted utilizing the same procedures in such cases as are applicable to adults charged with the same offense.

No incarceration as penalty. The court shall not impose incarceration as a penalty for any person convicted of an offense prosecuted under this section.

Additional prohibited acts. In addition to any other provision of the Code of the Village of Stratford, 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.

Penalty for violations of Subsection D. Any person 12 through 17 years of age who shall violate the provisions of Subsection D shall be subject to the same penalties as are provided in § 1-5 of this Code, exclusive of the provisions therein relative to commitment in the county jail.

[Amended 2-14-2017]

§ 339-6 Violations and penalties.

Citation process. For violations of §§ 339-1 through 339-5, 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 carbon copy will be mailed to the parent or legal guardian.

Penalties. Violations of §§ 339-1 through 339-5 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.

§ 339-7 Adoption of state statutes.

[Added 2-14-2017]

The following provisions of the state statutes are hereby adopted and by reference made a part of this Code as if fully set forth herein. Any act required to be performed or prohibited by any statute incorporated herein by reference is required or prohibited by this section.

Wis. Stats. § 254.92	Purchase or possession of cigarettes or tobacco product by person under 18 prohibited
Wis. Stats. § 118.163	Truancy and school dropout

§ 339-8 Prohibition of smoking on school property.

[Added 2-14-2017]

Definitions. When used in this section, the following words have the following meanings:

CIGARETTE

Any roll of tobacco wrapped in paper or any substance other than tobacco.

ELECTRONIC DELIVERY DEVICE

Any product containing or delivering nicotine or other similar substance intended for human consumption that may be used by a person to simulate smoking through inhalation of vapor or aerosol from the product. Electronic delivery device includes any device manufactured, distributed, marketed or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen, or under any other product name or description, or any component part of such product whether or not sold separately. Electronic delivery device does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product and is being marketed and sold solely for such an approved purpose.

SCHOOL PROPERTY

Any property which is presently owned, rented by and/or titled in the Stratford School District or property which is under the direct control and authority of the Stratford School District.

SMOKE or SMOKING

Burning, holding, inhaling, exhaling or carrying any lighted or heated cigar, cigarette, pipe or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or form. Smoking includes the use of an electronic delivery device which creates an aerosol or vapor, in any manner or form, or the use of any oral smoking device.

SMOKELESS TOBACCO

Any tobacco which is used by means other than smoking.

TOBACCO PRODUCTS

Cigars; cheroots; stogies; periques; granulated, plug cut, crimp cut, ready-rubbed and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco and other kinds and forms of tobacco prepared in such manner as to be suitable for chewing or smoking in a pipe or otherwise, or both for chewing and smoking; but tobacco products does not include cigarettes, as defined under Wis. Stats. § 139.30(1).

Smoking prohibited. No person may smoke or use any other tobacco product on any property presently owned, rented by and/or titled in the Stratford School District or upon which the Stratford School District has direct control and authority over, except that the school board may allow the use of tobacco products on premises owned by the school district and rented to another for noneducational purposes.

Penalty. The penalty for violation of any provisions of this section shall be as set forth in § 1-5 of the ordinances.

§ 339-9 Use of cigarette, tobacco products or other smoking or electronic delivery devices prohibited.

[Added 2-14-2017]

Definitions. For the purpose of this section, the following words shall have the following meanings:

CIGARETTE

Any roll of tobacco wrapped in paper or any substance other than tobacco.

ELECTRONIC DELIVERY DEVICE

Shall have the meaning set forth in § 339-8A of this Code.

LAW ENFORCEMENT OFFICER

Any person employed by the state or any political subdivision of the state, for the purpose of detecting and preventing crime and enforcing laws or ordinances and who is authorized to make arrests for violations of the laws or ordinances he is employed to enforce.

SMOKE or SMOKING

Shall have the meaning set forth in § 339-8A of this Code.

TOBACCO PRODUCTS

Except as provided in Subsection C of this section, no person under the age of 18 years old may do any of the following:

(1)

Buy or attempt to buy any cigarette or tobacco product or other smoking or electronic delivery device;

(2)

Falsely represent his or her age for the purpose of receiving any cigarette or tobacco product or other smoking or electronic delivery device; or

(3)

Possess any cigarette or tobacco product or other smoking or electronic delivery device.

Any person under the age of 18 years old may purchase or possess cigarettes or tobacco products or other smoking or electronic delivery device for the sole purpose of resale in the course of employment during his or her working hours if employed by a retailer licensed under Wis. Stats. § 134.65(1).

A law enforcement officer shall seize any cigarette or tobacco product or other smoking or electronic delivery device involved in any violation of Subsection B of this section committed in his or her presence.

Smoking ban adopted. The Village adopts, by reference, the provisions of Wis. Stats. § 101.123, smoking prohibited, pertaining to the statewide smoking ban. For purposes of enforcing the smoking ban found in Wis. Stats. § 101.123 within the Village, the definition found in Subsection A of this section for "smoke" or "smoking" shall apply instead of the definition for "smoking" found in said state statutes, and the definition found in Subsection A of this section for "electronic delivery device" shall also apply.

Penalty. The penalty for violation of any provisions of this section shall be as set forth in Wis. Stats. § 101.123(8).