[HISTORY: Adopted by the Village Board of the Village of
Blanchardville 3-7-2005 by Ord. No. 2005-01 (Sec. 9.15 of the
2003 Municipal Code). Amendments noted where applicable.]
It shall be unlawful for any child under the age of 18 years
to loiter idle or remain upon any street or alley or other public
place in the Village between 11:00 p.m. and 6:00 a.m. the next day
on Sunday through Saturday.
The following shall constitute valid exceptions to the operation
of the curfew:
A.
At any time, if the person is accompanied by his parent, legal guardian,
or other responsible person who is over the age of 18 and who is approved
by the person's parent or legal guardian.
B.
At any time, in the event of an emergency which would justify the
reasonableness of the person's presence.
C.
At any time while the person is pursuing the duties of his employment.
D.
If the person is coming directly home from a public meeting or place
of public entertainment such as a movie; play; or school, church or
sporting event. The exception will not apply beyond 1:00 a.m. If the
event is not commercial in nature or does not have a fixed publicly
known time at which it will end, the sponsoring organization must
register the event with the Police Department at least 24 hours in
advance informing the Department of the time such event is scheduled
to be, the place at which it will be held, the time at which it shall
end, and the name of the sponsoring organization.
E.
If the person is coming directly home from a private home which has
been approved by the person's parent or legal guardian.
No parent, guardian or person having legal custody of a child under the age of 18 years shall suffer or permit such child to violate § 164-1 above.
A.
A child believed to be violating this chapter shall be taken to the Police Department for proper identification. Every law enforcement officer, while on duty, is hereby authorized to take into custody any child violating the provisions of § 164-1 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 to immediately 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 shall 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.
B.
If the child is not released under this section, the officer shall
deliver the child to the Lafayette 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.
C.
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,
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
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.
A.
Warning. The first time a child is taken into custody by a law enforcement officer, as provided in § 164-4 above, the parent, guardian or person having legal custody of such child shall be advised as to the provisions of this chapter and further advised that any violation of this chapter occurring thereafter by this child or any other child under his/her care or custody shall result in a penalty being imposed as hereinafter provided.
B.
Penalty. Any parent, guardian or person having legal custody of a child described in § 164-1 above, who has been warned in the manner provided in Subsection A above and who thereafter violates this chapter, shall be subject to a penalty as provided in § 164-6 below. Any child under the age of 18 years who violates this chapter shall also be subject to a penalty as provided in § 164-6 below.
