[Amended 5-29-2012 by Ord. No. 08-12; 5-27-2014 by Ord. No. 06-14]
A. Curfew established.
(1) It shall be unlawful for any person under 18 years of age to be on
foot, bicycle or in any type of vehicle on any public street, avenue,
highway, road, alley, school grounds, place of amusement and entertainment,
cemetery, playground, public building or any other public place in
the City of Prescott between the following hours:
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Age
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Hours
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Under age 16
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10:00 p.m. to 6:00 a.m.
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Age 16 to 17
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12:00 a.m. to 6:00 a.m.
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(2) Said child shall be accompanied by his or her parent or legal guardian,
or person having lawful custody and control of his or her person,
unless there exists a reasonable necessity therefor. The fact that
said child, unaccompanied by a parent, guardian, or other person having
legal custody, is found upon any such 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 on his own premises or in the areas immediately adjacent
thereto.
(b)
Whose employment makes it necessary to be upon the streets,
alleys or public places or in any motor vehicle during such hours.
(c)
Who is returning home from a supervised school, church or civic
function, but not later than 30 minutes after the ending of such 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. Parental responsibility. It shall be unlawful for any parent, guardian or other person having the lawful care, custody and control of any person under 18 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 18 years of age to violate this section.
D. Taking a child into custody.
(1) Every law enforcement officer while on duty is hereby authorized to take into custody any child violating the provisions of Subsection
A above. Children taken into custody shall be released from custody as soon as is reasonably possible. A person taking a child into custody shall make every effort immediately to release the child to the child's parent, guardian, or legal custodian or, if the parent, guardian, or legal custodian is unavailable, unwilling, or unable to provide supervision for the child, may release the child to a responsible adult and verbally counsel or warn as may be appropriate or, in the case of a runaway child, may release the child to a home authorized under § 48.227, Wis. Stats. The parent, guardian, legal custodian, or other responsible adult to whom the child is released shall sign a release for the child.
(2) If the child is not released under Subsection
D(1), the officer shall deliver the child to the Pierce County Juvenile Court intake worker in a manner determined by the court and law enforcement agencies, stating in writing with supporting facts the reasons why the child was taken into physical custody and giving any child 12 years of age or older a copy of the statement in addition to giving a copy to the intake worker. A juvenile violating these curfews regularly may be warned by an officer on duty in his discretion and sent home in lieu of taking the juvenile into custody.
(3) If the child is believed to be suffering from a serious physical
condition, which requires either prompt diagnosis or prompt treatment,
the officer shall take such action as is required under § 48.20(4),
Wis. Stats. If the child is believed to be mentally ill, drug dependent,
or developmentally disabled and exhibits conduct which constitutes
a substantial risk of physical harm to the child or to others, the
officer shall take such action as is required under § 48.20(5),
Wis. Stats. If the child is believed to be an intoxicated person who
has threatened, attempted, or inflicted physical harm on himself or
herself or on another and is likely to inflict such physical harm
unless committed or is incapacitated by alcohol, the officer shall
take such action as is required under § 48.20(6), Wis. Stats.
E. Warning and penalty.
(1) Warning. The first time a child is detained by a law enforcement officer of the City, as provided in Subsection
D, the parent, guardian or person having legal custody of such child shall be advised as to the provisions of this section and further advised that any violation of this section occurring thereafter by such child or any other child 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 child 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 child, the action shall be dismissed and the child shall be referred to the court assigned to exercise jurisdiction under Ch.
48, Wis. Stats. Any minor person under 18 years of age who shall violate this section shall, upon conviction, be subject to a penalty as provided in §
1-4 of this Code.
It shall be unlawful for any person under the age of 17 to possess
a controlled substance contrary to the Uniform Controlled Substances
Act, Chapter 961 of the Wisconsin Statutes.
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.
The City of Prescott hereby adopts the following state statutes:
A. Section 254.911, Definitions.
B. Section 254.916, Investigations.
C. Section 254.92, Purchase or possession of cigarettes or tobacco products
by person under 18 prohibited.