[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.]
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:
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]
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.
(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 to possess
a controlled substance contrary to the Uniform Controlled Substances
Act, Ch. 961, Wis. Stats.
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.
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.
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]
(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]
(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.
A.
ACCEPTABLE CAUSE
HABITUAL TRUANT
SCHOOL ATTENDANCE OFFICER
TRUANCY
TRUANT
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:
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.
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.
An employee designated by the school board to deal with matters
relating to a school attendance and 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.
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]
(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.
(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]
(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.
(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.
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.
NUDITY
HARMFUL TO MINORS
(1)
(2)
(3)
MINOR
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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.
Any reproduction, imitation, characterization, description,
exhibition, presentation or representation, or whatever kind of form,
depicting nudity, sexual conduct, or sexual excitement when it:
Predominately appeals to prurient, shameful, or morbid interest;
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
Taken as a whole, is without serious literary, artistic, political,
or scientific value for minors.
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:
(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.
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]
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]
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.
