[HISTORY: Adopted by the Village Board of the Village of
Kronenwetter 4-12-2004 as Secs. 67-6, 67-7 and 67-9 of the 2004 Code. Amendments
noted where applicable.]
The provisions of Wis. Stats. § 254.92 are hereby
adopted by reference as if fully set forth herein, including any future
amendments, revisions or modifications of said statute.
Purpose. It is the purpose and intent of this section to ensure
for the sake of the child and of the community that the parent(s)
make reasonable effort(s) according to community standard(s) to positively
influence and monitor the behavior choices of their minor children.
It is further the purpose and intent of this section to assist families
by allowing parents to undertake a course of action that will enhance
their knowledge of effective parenting skills or otherwise effectively
address the nonconforming behaviors of their minor children.
A.
Definitions. As used in this section, the following terms shall have
the meanings indicated, unless otherwise defined:
- CHILD
- A person under the age of 18 years.
- PARENT or LEGAL GUARDIAN
- Biological or adoptive parent, a legal guardian or a person who has legal custody as defined in Wis. Stats. § 767.001(2) of a minor child. "Parent or legal guardian" does not include a person or agency who has legal custody as defined under Wis. Stats. § 48.02(12) and no person whose parental rights have been terminated.
B.
Parental responsibility for the acts of minor child. Every parent
or legal guardian has a duty to properly supervise his or her child.
Any parent or legal guardian whose child is convicted of a Village
of Kronenwetter Municipal Code violation twice in a six-month period
or three or more times within a twelve-month period is guilty of failing
to properly supervise said child under this section. The six- and
twelve-month period shall be measured from the date of the first violation.
C.
Defenses:
(1)
Where the parent or legal guardian has made all reasonable and available
efforts under the circumstances to prevent the juvenile misconduct;
(2)
Where the parent is not legally responsible for the supervision of
the juvenile at the time the misconduct occurred; or
(3)
Where the parent has a physical or mental disability or incompetency
rendering them incapable of supervising the juvenile at the time the
misconduct occurred;
(4)
Where the parent or legal guardian reported the act(s) under this
section to the appropriate authorities.
D.
Penalty. The offense described under this section shall be subject
to a penalty of not less than $50 and not more than $1,000.
A.
Legislative purpose. The Village of Kronenwetter has an obligation
to provide for the protection of minors from each other and from other
persons; for the enforcement of parental control over the responsibility
for children; for the protection of the general public; for the reduction
of the incidence of juvenile criminal activities; and a nighttime
curfew for those under the age of 18 will be in the interest of the
public health, safety, and general welfare and will help to attain
the foregoing objectives and to diminish the undesirable impact of
such conduct on the citizens of the Village of Kronenwetter. The Kronenwetter
Village Board has therefore determined that it is in the public interest
to prevent an increase in juvenile violence, juvenile gang activity
and crime by persons under the age of 18 in the Village of Kronenwetter,
and persons under the age of 18 are particularly susceptible by their
lack of maturity and experience to participate in unlawful and gang-related
activities and to be victims or other perpetrators of crime.
B.
Definitions. As used in this section, the following terms shall have
the meanings indicated:
- CURFEW HOURS
- 11:00 p.m. until 5:00 a.m. the following day, each day of the week.
- EMERGENCY
- An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, or automobile accident, or any situation requiring immediate action to prevent serious bodily injury (defined below) or loss of life.
- ESTABLISHMENT
- Any privately owned place of business operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment.
- MINOR
- Any person under 18 years of age.
- OPERATOR
- Any individual, firm, association, partnership or corporation, managing or conducting any establishment. The term includes the members or partners of an association or partnership and the officer of the corporation.
- PARENT
- A person who is:
- PUBLIC PLACE
- Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.
- REMAIN
- To:
- SERIOUS BODILY INJURY
- Any bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
- VILLAGE
- The Village of Kronenwetter, Wisconsin.
C.
Offenses.
(1)
A minor commits an offense if he/she remains in any public place
or on the premises of any establishment within the Village during
curfew hours.
(2)
A parent or guardian of a minor commits an offense if he/she knowingly
allows a minor to remain upon the premises of the establishment during
curfew hours.
D.
Defenses.
(1)
It is not a violation under this section if the minor was:
(a)
Accompanied by the minor's parent or guardian;
(b)
On an errand at the direction of the minor's parent or guardian
without any detour or stop;
(c)
Engaged in any employment activity or going to or returning home
from an employment activity without any detour or stop;
(d)
Involved in an emergency;
(e)
The juvenile is exercising lawful constitutional activity;
(f)
Attending any official school, religious, or other recreational activity
supervised by adults and sponsored by the county, or by any city,
village or town, a civic organization or another similar entity that
takes responsibility for the minor, or going to or returning from,
without any detour or stop, an official school, religious, or other
recreational activity supervised by adults and sponsored by the county,
or by any city, village, or town, a civic organization or another
similar entity that takes responsibility for the minor;
(g)
Going to, attending or returning home from, without any detour or
stop, a movie theater.
E.
Enforcement. Before taking any enforcement action under this section, a law enforcement officer shall ask the offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless he reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in Subsection D is present.
F.
Penalties. A person who violates any of this section is guilty of
a separate offense for each day or part of a day during which the
violation is committed, continued, or permitted. Each offense, upon
conviction, is punishable as set forth in the Village Bond Schedule.
