[HISTORY: Adopted by the Common Council of the City of Marion 7-22-1993 as Title 11, Ch. 5, of the 1993 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Bicycles and play vehicles — See Ch. 267.
Intoxicating liquor and fermented malt beverages — See Ch. 383.
Peace and good order — See Ch. 468.
A. 
Curfew established.
(1) 
No individual between the ages of 14 years and 17 years shall remain upon any street or alley or other public place in the City between 11:00 p.m. on Sunday, Monday, Tuesday, Wednesday or Thursday and 6:00 a.m. the next day and between 12:00 midnight on Friday and Saturday and 6:00 a.m. the next day.
(2) 
No individual under the age of 14 years shall remain upon any street or alley or other public place in the City between 10:00 p.m. and 6:00 a.m. the next day.
B. 
Exceptions.
(1) 
This section shall not apply to a child:
(a) 
Who is performing an errand as directed by his parent, guardian or person having lawful custody.
(b) 
Who is on his 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 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. 
Park curfew. For all persons under the age of 18, a park curfew shall be established in all City parks; this curfew is to be from 10:00 p.m. each day until 6:00 a.m. of the following morning, except on Fridays and Saturdays when 10:00 p.m. shall be extended to 11:00 p.m. This park curfew will have the following exceptions:
(1) 
This curfew does not include City-approved sporting events or special community events.
(2) 
This curfew does not include Lions Point Shelter activities when the shelter is reserved in advance with the City.
D. 
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 C 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.
E. 
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 or C 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 this subsection, the officer shall deliver the child to the Waupaca 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.
F. 
Penalty. Any parent, guardian, or person having legal custody of a child described in Subsection E above who 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 thereof, be subject to a penalty as provided in § 1-4 of this Code, together with the costs of prosecution.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
G. 
Daytime curfew.
(1) 
The purpose of this subsection is to discourage children of compulsory school age from unauthorized absences and to impose penalties upon those students and the parents or legal guardians of such students. It is the intent of this subsection to promote the development and welfare of the children of this community by discouraging unauthorized absenteeism and encouraging school attendance.
(2) 
Definition. "Subject to compulsory school attendance" shall mean any child subject to mandatory school attendance under Wisconsin law in the school district of such child's residence or any child found in the City of Marion who would be subject to mandatory attendance if the child were a resident of the City of Marion.
(3) 
Daytime curfew violation. No child subject to compulsory school attendance shall be any place within the City of Marion, except in attendance at school or such child's place of residence, during the hours when the child is required to be in attendance at either a public or private school as required by law, unless the child has written proof from the school authorities excusing the child from school attendance at that particular time or unless the child is accompanied by a parent or legal guardian who supervised the child subject to compulsory school attendance.
(4) 
Contributing to daytime curfew violation.
(a) 
Each parent or legal guardian of a child subject to compulsory school attendance shall have a duty to prevent that child from violating the provisions of this subsection.
(b) 
No adult may permit a child subject to compulsory school attendance from violating the provisions of this subsection.
(5) 
Exceptions. The actions set forth in Subsection G(3) and (4) above shall not be a violation of this subsection if:
(a) 
The child, at the time of the alleged violation, was not required by law to be in attendance at the school attended by that child.
(b) 
The parent or legal guardian is a petitioner in a currently pending Juvenile Court proceeding involving the child or such a proceeding in which the Judge has restrained ongoing supervision or jurisdiction.
(c) 
At the time of the alleged violation, the student was employed pursuant to a school-sponsored program or was the recipient of a work permit issued by the school authorities and the child was on the job or traveling to or from the job site or program location at the time.
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.
A. 
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.
B. 
Provisions of Code applicable to persons 14 through 17 years 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 City of Marion and may be prosecuted utilizing the same procedures in such cases as are applicable to adults charged with the same offense.
C. 
No incarceration as penalty. The court shall not impose incarceration as a penalty for any person convicted of an offense prosecuted under this section.
D. 
Additional prohibited acts. In addition to any other provision of the Code of the City of Marion Code, 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.
E. 
Penalty for violation of Subsection D. Any person 14 through 17 years of age who shall violate the provisions of Subsection D shall be subject to the same penalties as are provided in § 1-4 of this Code, exclusive of the provision therein relative to commitment in the county jail.
A. 
Definition. In this section, "drug paraphernalia" shall be defined as provided in § 961.571(1), Wis. Stats.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Determination of drug paraphernalia. Determination of drug paraphernalia shall be made in accordance with § 961.572, Wis. Stats.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Prohibited uses.
(1) 
Possession of drug paraphernalia. No person who is under 18 years of age may use, or possess with the primary intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance or controlled substance analog in violation of Ch. 961, Wis. Stats.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
Manufacture or delivery of drug paraphernalia. No person who is under 18 years of age may deliver, possess with intent to deliver, or manufacture with intent to deliver drug paraphernalia, knowing that it will be primarily used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance or controlled substance analog in violation of Ch. 961, Wis. Stats.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(3) 
Delivery of drug paraphernalia by a minor to minor. Any person who is under 18 years of age who violates Subsection C(2) by delivering drug paraphernalia to a person under 18 years of age who is at least three years younger than the violator is guilty of a special offense.
(4) 
Exemption. This section does not apply to manufacturers, practitioners, pharmacists, owners of pharmacies and other persons whose conduct is in accordance with Ch. 961, Wis. Stats. This section does not prohibit the possession, manufacture or use of hypodermics in accordance with Ch. 961, Wis. Stats.
D. 
Penalties. Any person who violates Subsection C(1), (2) or (3) shall, upon conviction, be subject to disposition under § 938.344, Wis. Stats.
A. 
Definitions. All terms herein, to the extent not specifically defined, shall have the same meaning as those terms used in the context of the Wisconsin Statutes referred to below. As used in this section, the following terms shall have the meanings indicated:
ACCEPTABLE CAUSE
Permission of the parent/guardian/legal custodian of a pupil, within limits of policies on truancy established by the school in which the pupil is enrolled. Except in emergencies or unforeseeable circumstances, such permission is expected to be communicated in writing from the parent/guardian/legal custodian to the school prior to the absence. In emergencies or unforeseeable circumstances, such communication is expected to be as soon as practicable following the absence.
HABITUAL TRUANT
A pupil is absent from school without an acceptable excuse under § 118.15, Wis. Stats., for part or all of five days on which school is held during a school semester.
SCHOOL ATTENDANCE OFFICER
An employee designated by the school board to deal with matters relating to a school attendance and truancy.
TRUANCY
Any absence for all or part of one or more days from school during which the school attendance officer, principal, or teacher has not been notified of the legal cause of such absence by the parent or guardian of the absent pupil, and also means intermittent attendance carried on for purpose of defeating the intent of § 118.15, Wis. Stats.
TRUANT
A pupil who is absent from school without an acceptable excuse under §§ 118.15 and 118.16(4), Wis. Stats., for a part or all of any day on which school is held during a school semester.
B. 
Truancy prohibited. No child required to attend school pursuant to the provisions of § 118.15, Wis. Stats., shall be absent from school for part or all of one or more days during which school attendance is required or engage in intermittent attendance for the purpose of defeating the intent of this section and of § 118.15, Wis. Stats., unless the school attendance officer or principal of the child's school or the child's teacher has been notified of the legal and acceptable cause of such absence by the parent or guardian of the absent pupil.
C. 
Truancy disposition. Any child found by the court to be truant shall, pursuant to the provisions of § 118.163(1m), Wis. Stats., be subject to one or more of the following dispositions:
(1) 
An order for the person to attend school.
(2) 
A forfeiture of not more than $50, plus court costs, for a first violation or a forfeiture of not more than $100, plus court costs, for a second or subsequent violation committed within 12 months of a previous violation, subject to the provisions of § 938.37, Wis. Stats., and subject to a maximum cumulative forfeiture amount 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.
D. 
Habitual truancy prohibited. No child required to attend school pursuant to the provisions of § 118.15, Wis. Stats., shall be absent from school without an acceptable excuse for part or all of five days on which school is held during a school semester unless the school attendance officer or principal of the child's school or the child's teacher has been notified of the legal and acceptable cause of such absence by a parent or guardian of the absent pupil.
E. 
Habitual truancy disposition. Any child found by the court to be a habitual truant shall be subject to one or more of the following dispositions:
(1) 
Suspension of the person's operating privilege for not less than 30 days nor more than one year. The court may take possession of any suspended license. If the court takes possession of a license, it shall destroy the license. The court shall forward to the Department of Transportation a notice stating the reason for and the duration of the suspension.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
Order the child to participate in counseling, community service or a supervised work program as provided under § 938.34(5g), Wis. Stats. The cost of any such counseling, supervised work program, or other community service work may be assessed against the person, the parents or the guardian of the person, or both.
(3) 
Order the child to remain at home except during hours in which the child is attending religious worship or a school program or place of worship. The order may permit the child to leave his or her home if the child is accompanied by a parent or guardian.
(4) 
Order the person to attend an educational program under the provisions of § 938.34(7d), Wis. Stats.
(5) 
Order the Department of Workforce Development to revoke, under § 103.72, Wis. Stats., a permit issued under § 103.70, Wis. Stats., authorizing the employment of the person.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(6) 
Order the person to attend school.
(7) 
Impose a forfeiture of not more than $500, plus costs, subject to § 938.37, Wis. Stats., all or part of which forfeiture, plus costs, may be assessed against the person, the parents or guardian of the person, or both.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(8) 
Any other reasonable conditions consistent with this subsection, including a curfew, restrictions as to going to or remaining on specified premises and restrictions on associating with other children or adults.
(9) 
An order placing the person under formal or informal supervision, as described in § 938.34(2), Wis. Stats., for up to one year.
(10) 
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.
F. 
Contributing to truancy.
(1) 
Except as provided in Subsection F(2) below, any person 18 years of age or older who, by an act or omission, knowingly encourages or contributes to the truancy, as defined in Subsection A, of a child shall be subject to a forfeiture pursuant to § 1-4 of this Code.
(2) 
Subsection F(1) above does not apply to a person who has under his or her control a child who has been sanctioned under § 49.26(1)(h), Wis. Stats.
(3) 
An act or omission contributes to the truancy of a child, whether or not the child is adjudged to be in need of protection or services, if the natural and probable consequences of that act or omission would be to cause the child to be a truant.
G. 
Parent or guardian liability for truancy.
(1) 
Unless the child is excepted or excused under § 118.15, Wis. Stats., or has graduated from high school, any person having under 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 of 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) 
Penalty.
(a) 
A person found to have violated Subsection G(1) above, after evidence is provided by a school official that the activities under § 118.16(5), Wis. Stats., have been completed, shall be subject to a forfeiture pursuant to § 1-4 of this Code.
(b) 
Subsection G(2)(a) above does not apply to a person who has under his or her control a child who has been sanctioned under § 49.26(1)(h), Wis. Stats., nor does it apply if the person proves that he or she is unable to comply with Subsection G(1) because of the disobedience of the child.
No person under the age of 18 years shall carry or possess a lighted cigar, cigarette, pipe, or any other lighted smoking equipment on public property within 500 feet of a school grounds within the City of Marion between the hours of 7:00 a.m. and 5:00 p.m.
[Added 2-10-2020 by Ord. No. 2020-002]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
NUDITY
The showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering; or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple; or the depiction of covered male genitals in a discernibly turgid state. A mother's breastfeeding of her baby does not under any circumstance constitute "nudity," irrespective of whether or not the nipple is covered during or incidental to feeding.
HARMFUL TO MINORS
Any reproduction, imitation, characterization, description, exhibition, presentation or representation, or whatever kind of form, depicting nudity, sexual conduct, or sexual excitement when it:
(1) 
Predominately appeals to prurient, shameful, or morbid interest;
(2) 
Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material or conduct for minors; and
(3) 
Taken as a whole, is without serious literary, artistic, political, or scientific value for minors.
MINOR
Any person under the age of 18 years.
B. 
A minor commits the offense of sexting if he or she knowingly:
(1) 
Uses a computer, or any other device capable of electronic data transmission or distribution, to transmit or distribute to another minor any photograph or video of any person which depicts nudity, as defined above, and is harmful to minors, as defined above.
(2) 
Possesses a photograph or video of any person that was transmitted or distributed by another minor, which depicts nudity, as defined above, and is harmful to minors, as defined above. A minor does not violate this subsection if all of the following apply:
(a) 
The minor did not solicit the photograph or video.
(b) 
The minor took reasonable steps to report the photograph or video to a school or law enforcement official.
(c) 
The minor did not retransmit the photograph or video to a third party other than a law enforcement official.
(3) 
Uses a computer, or any other device capable of electronic data transmission or distribution, to transmit or distribute to another minor any text, correspondence, or message of a sexual nature when it:
(a) 
Predominately appeals to a prurient, shameful, or morbid interest;
(b) 
Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material or conduct for minors; and
(c) 
Taken as a whole, is without serious literary, artistic, political, or scientific value for minors.
(4) 
Solicits the transmission or distribution of any text, correspondence, message, or photograph or video from another minor that would itself be prohibited under this section.
A. 
No person shall intentionally shelter or conceal a minor child who is:
(1) 
A runaway child, meaning a child who has run away from his or her parent, guardian or legal or physical custodian; or
(2) 
A child who may be taken into custody pursuant to § 48.19, Wis. Stats.
B. 
Subsection A applies when the following conditions are present:
(1) 
The person knows or should have known that the child is a child described in either Subsection A(1) or (2); and
(2) 
The child has been reported to a law enforcement agency as a missing person or as a child described in Subsection A(1) or (2).
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 of or with the consent of the child's parent, 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, Wis. Stats., that he or she is sheltering or concealing such child and provides the person or agency notified with all information requested.[1]
[1]
Editor's Note: Original Sec. 11-5-10, Purchase or possession of tobacco products, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See § 254.92, Wis. Stats., adopted by reference in § 468-1 of this Code.
A. 
Citation process. For violations of §§ 398-2 through 398-8, 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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Penalties. Violations of §§ 398-2 through 398-7 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.