[HISTORY: Adopted by the Common Council of the City of New
Lisbon 4-2-2001 as Title 11, Ch. 5, of the 2001 Code. Amendments noted where applicable.]
A.
Curfew established.
(1)
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 City of New Lisbon Sunday through Thursday between the hours of
10:00 p.m. and 5:00 a.m. and Friday or Saturday between 12:00 midnight
and 5:00 a.m., unless accompanied by his or her parent, legal guardian,
or person having lawful custody and control of his or her person,
or unless there exists a reasonable necessity therefor.
(2)
The fact that said juvenile, unaccompanied by a parent, legal 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:
(a)
Who is performing an errand as directed by his/her parent, legal
guardian or person having lawful custody.
(b)
Who is on his/her 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, 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.
C.
Parental responsibility. It shall be unlawful for any parent, legal 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, legal 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, legal 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, legal 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 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.
(1)
Warning. The first time a juvenile is taken into custody by a law enforcement officer as provided in Subsection D above, the parent, guardian or person having legal custody of such juvenile shall be advised 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 his or her care or custody shall result in a penalty being imposed as hereinafter provided.[1]
(2)
Penalty.
(a)
Any parent, legal 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 of Ordinances. 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.
(b)
Any juvenile under 16 years of age who shall violate this section
shall, upon conviction thereof, forfeit not less than $1 nor more
than $25, together with the costs of prosecution.
It shall be unlawful for any person under age 17 to possess
a controlled substance contrary to the Uniform Controlled Substances
Act, Ch. 961, Wis. Stats.
It shall be unlawful for any juvenile, 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 17 to intentionally
receive or conceal property he/she knows to be stolen.
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 ordinances 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 of Ordinances
against juveniles may be brought on behalf of the City of New Lisbon
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 City of New Lisbon Code of Ordinances, 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. Any juveniles who shall violate the provisions of this subsection shall be subject to the same penalties as are provided in § 1-4 of this Code of Ordinances, exclusive of the provisions therein relative to commitment in the county jail.[2]
A.
ACCEPTABLE EXCUSE
ACT OF COMMISSION OR OMISSION
DROPOUT
HABITUAL TRUANT
OPERATING PRIVILEGE
TRUANT
Definitions. For the purpose of this section, the following definitions
shall be applicable:
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 child who has ceased to attend school, does not attend
a public or private school, technical college or home-based private
educational program on a full-time basis, has not graduated from high
school and does not have an acceptable excuse under § 118.15(1)(b)
to (d) or (3), Wis. Stats.
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 a school
semester.
Has the meaning given in § 340.01(40), Wis. Stats.[1]
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.
B.
Truancy. No person under 18 years of age shall be truant. Upon conviction
thereof, the following dispositions are available to the court:
(1)
An order for the person to attend school.
(2)
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 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 guardian of the
person, or both.
C.
Habitual truancy.
(1)
No person under 18 years of age shall be a habitual truant.
(2)
If the court determines that a person is a habitual truant, the court
may order one or more of the following dispositions:
(a)
Suspension of the person's operating privilege 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 other community service work may be assessed against the person,
the parents or guardian of the person, or both.
(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 educational 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
as described in § 938.342(1g)(f), Wis. Stats.
(g)
An order for the person to attend school.
(h)
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)
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.
D.
Dropouts.
(1)
No person who is at least 16 years of age but is less than 18 years
of age may be a dropout.
(2)
If the court determines that a person is at least 16 years of age
but is less than 18 years of age and is a dropout, the court may suspend
the person's operating privilege until the person reaches the
age of 18. 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.
E.
Dispositional orders and sanctions. The court is hereby authorized
to exercise each and every kind of authority granted to courts under
Wisconsin law. Specifically, the court is hereby authorized to exercise
the authority granted to it in § 938.355, Wis. Stats., and
is hereby authorized to exercise the authority granted to it in § 938.355(6m),
Wis. Stats.[2]
F.
Failure to cause a child to attend school regularly.
(1)
Unless the child is excepted or excused under § 118.15,
Wis. Stats., or has graduated from high school, any person having
under his/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 and 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)
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 section because of the disobedience of the
child, in which case the action shall be dismissed and the juvenile
officer or law enforcement authority shall refer the case to the District
Attorney's office.
(c)
Unless evidence has been provided by the school attendance office
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.
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, legal 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 or 938, 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.
Prohibition against sale of or availability of cigarettes and tobacco
products.
(1)
Prohibition. It shall be a violation of this section for any retailer
to sell or give cigarettes or tobacco products to any person under
the age of 18 except as provided in § 254.92(2), Wis. Stats.
A vending machine operator is not liable for the purchase of cigarettes
or tobacco products from his/her vending machine by a person under
18 years of age if the vending machine operator was unaware of the
purchase.
(2)
Vending machine requirements. The maintenance or keeping by retailers
of vending machines dispensing cigarettes or tobacco products within
the City of New Lisbon limits shall be in strict conformity with the
requirements of § 134.66(2)(cm), Wis. Stats., the provisions
of which are incorporated herein by reference.
(3)
Vending machine placement. No retailer shall place a vending machine
dispensing cigarettes or tobacco products within 500 feet of any school.
The operator of any such vending machine which is located within 500
feet of a school as of the effective date of this section and which
is so placed pursuant to a written agreement binding upon the vending
machine operator may leave it there, subject to the requirement, however,
that he/she shall cause said vending machine(s) to be removed no later
than May 1, 1993, or the date of expiration of the written agreement
related thereto, whichever occurs first.
(4)
Restrictions on manufacturers. No manufacturer, distributor, jobber,
subjobber, or retailer, or its employees or agents, may provide cigarettes
or tobacco products for nominal or no consideration to any person
under the age of 18.
(5)
Notice requirements. Retailers and vending machine operators shall
comply with the posting and notice requirements set forth at § 134.66(2)(b),
Wis. Stats.
(6)
Conformity with state law. It is the intention of the City that this
subsection shall conform strictly to § 134.66(2)(a) and
(cm), Wis. Stats. Should any provision herein set forth fail to meet
with this qualification upon court review, the offending provision
shall be considered to be severed from the remainder of this subsection,
which shall remain in full force and effect as if the offending provision
were never adopted.
C.
Prohibition against use and purchase of cigarettes and tobacco products
to persons under the age of 18 years.
(1)
Definitions. The definitions set forth at § 254.911, Wis.
Stats., are incorporated herein by reference.
(3)
Seizure of tobacco product. A law enforcement officer in whose presence a violation of Subsection C(2) occurs shall seize any cigarette or tobacco product involved therein.
(4)
Conformity with state law. It is the intention of the City that this
subsection shall conform strictly to §§ 254.92 and
134.66, Wis. Stats. Should any provision herein set forth fail to
meet with this qualification upon court review, the offending provision
shall be considered to be severed from the remainder of this subsection,
which shall remain in full force and effect as if the offending provision
were never adopted.
No person under the age of 18 years shall carry or possess a
lighted cigar, cigarette, pipe, or any other lighted smoking equipment
or tobacco product restricted by state law on public property within
500 feet of a school grounds within the City of New Lisbon.
A.
Authority. This section is adopted pursuant to the authority granted
by § 66.0107 and Ch. 948, Wis. Stats.
B.
CRIMINAL GANG
PATTERN OF CRIMINAL GANG ACTIVITY
UNLAWFUL ACT
Definitions. For purposes of this section, the following terms are
defined:[1]
An ongoing organization, association or group of three or
more persons, whether formal or informal, that has as one of its primary
activities the commission of one or more criminal or unlawful acts,
or acts that would be criminal or unlawful if the actor were an adult,
specified in § 939.22(21)(a) to (s), Wis. Stats., that has
a common name or common identifying sign or symbol and whose members
individually or collectively engage in or have engaged in a pattern
of criminal gang activity.
Has the same meaning as the definition in § 939.22(21)(a)
to (s), Wis. Stats.
Includes any criminal act or act that would be criminal if
the actor were an adult.
A.
Citation process. For violations of §§ 360-2 through 360-10, juveniles may be cited by the citation process on a form approved by the City 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.
B.
Penalties. Except where another penalty is provided, violations of §§ 360-2 through 360-10 by a person under the age of 18 shall be punishable according to § 1-5 of this Code of Ordinances and §§ 938.17(2), 938.343, 938.344 and 938.345, Wis. Stats. Nothing in this section shall prevent the juvenile officer, in his/her discretion, from referring cases directly to the District Attorney's office.
