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.
[Amended 2-17-2016 by Ord. No. 2016-03]
A. Definitions. For the purpose of this section, the following definitions
shall be applicable:
ACT OF COMMISSION OR OMISSION
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.
HABITUAL TRUANT
A pupil who is absent from school without an acceptable excuse
for the following:
(1) Part or all of five or more days on which school is held during a
school semester.
TRUANCY
Any absence of part or all 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 legal guardian of the absent pupil. Intermittent attendance carried
on for the purpose of defeating the intent of § 118.15,
Wis. Stats., shall also be considering truancy.
B. Prohibition against habitual truant. Any person attending school
in the Village between the ages of six and 18 years, subject to the
exceptions found under § 118.15, Wis. Stats., is prohibited
from becoming a habitual truant as the term is defined in this section.
Any law enforcement officer in this Village is authorized to issue
a citation to any such person who is determined to be a habitual truant
under the terms of this section.
C. Preconditions to issuance of citation. Prior to the issuance of any
citation, the district school attendance officer shall provide evidence
to the Police Department that appropriate school personnel in the
school in which the juvenile is enrolled have within the school year
during which the truancy occurred:
(1) Met with or attempted to meet with the juvenile's parent or
legal guardian to discuss the juvenile's truancy.
(2) Provided an opportunity for educational counseling to the juvenile
and considered curriculum modifications.
(3) Evaluated the juvenile to determine whether learning problems are
the cause of the truancy and, if so, taken steps to overcome the learning
problems.
(4) Conducted an evaluation to determine whether social problems are
the cause of the juvenile's truancy and, if so, taken appropriate
action or made appropriate referrals.
D. Form of citation. Any citation issued shall be returnable in court
in the same manner as all other ordinance citations are returnable.
The citation is to state on its face that this is a "must appear"
citation, and no forfeiture amount is to be written on the face of
the citation.
E. Disposition. Upon a finding the juvenile is an habitual truant pursuant
to §§ 118.163(2) and 938.342(1g), Wis. Stats., the
following dispositions are available to the court:
(1) Suspension of operating privilege: suspend the juvenile's operating
privilege as defined in § 340.01(40), Wis. Stats., for not
less than 30 days nor more than 365 days. 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 duration of the suspension.
(2) Counseling, service or work program: order the juvenile to participate
in counseling, community service or a supervised work program under
§§ 938.342(g)(b) and 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.
(3) In-house restraint: order the juvenile to remain at home except for
the hours in which the Juvenile 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 juvenile
to leave home if the juvenile is accompanied by a parent or legal
guardian.
(4) Educational programs: order the juvenile to attend an educational
program as set forth in § 938.34(7d), Wis. Stats.
(5) Revocation of work permits: order the Wisconsin Department of Workplace
Development to revoke a work permit to the juvenile under §§ 103.70
and 103.72, Wis. Stats.
(6) Teen court program: order the juvenile to be placed in a teen court
program if all of the following conditions apply:
(a)
The Chief Judge of the judicial administrative district has
approved a teen court program established in juvenile's county
of residence, and the Judge determines that participation in the court
program will likely benefit the person and the community.
(b)
The person admits or pleads no contest to the allegations that
the person was truant in open court with the person's parent,
legal guardian or legal custodian present.
(c)
The person has not successfully completed participation in a
teen court program during the two years before the date of the alleged
violation.
(7) School attendance order: order the person to attend school.
(8) Forfeiture: impose 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 parent or guardian
of the person, or both.
(9) Other conditions: order the person to comply with any other reasonable
conditions that are consistent with this subsection, including a curfew,
restrictions as to going to or remaining on specified premises and
restrictions on associating with other juveniles or adults.
(10)
Supervision: place the person under formal or informal supervision,
as described in § 938.34(2), Wis. Stats., for up to one
year.
(11)
Parental counseling. The court may, in addition to or instead of the dispositions under Subsection
E(1) through
(10), order 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. Required school attendance.
(1) Violations. Any person having under his/her control a juvenile who
is between the ages of six and 18, subject to the exceptions found
in § 118.15, Wis. Stats., shall cause the juvenile to attend
school regularly during the full period and hours that the public
or private school in which the juvenile shall be enrolled is in session
until the end of the school term, quarter, or semester of the school
year in which the juvenile becomes 18 years of age.
(2) Exceptions.
(a)
A person will not be found in violation of this subsection if
that person can prove that he/she is unable to comply with the provisions
of this section because of the disobedience of the juvenile. The juvenile
shall be referred to the court assigned to exercise jurisdiction under
Ch. 938, Wis. Stats:
(b)
A person will not be found in violation of this subsection if
he/she has a juvenile under his/her control and the child has been
sanctioned under § 49.26(1)(h), Wis. Stats.
(3) Proof required for exacting a penalty. Before a person may be found
guilty of violating this subsection, the school attendance officer
must present evidence to the court that the activities under § 118:16(5),
Wis. Stats., have been completed by the school system. If that evidence
has been presented to the court and if the court finds a person guilty
of violating this subsection, a forfeiture may be assessed.
G. Contributing to truancy.
(1) Except as provided in Subsection
G(2) below, any person 18 years of age or older, who, by an act of commission or omission, knowingly encourages or contributes to the truancy, as defined in Subsection
A, of a juvenile shall be subject to a forfeiture
(2) Subsection
G(1) above does not apply to a person who has under his or her control a juvenile 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 juvenile 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 juvenile to be a truant.
H. Parent or legal guardian liability for truancy.
(1) Unless
the juvenile is excepted or excused under § 118.15, Wis.
Stats., or has graduated from high school, any person having under
control a juvenile who is between the ages of six and 18 years shall
cause the juvenile to attend school regularly during the full period
of hours, religious holidays excepted, that the public or private
school in which the juvenile should be enrolled is in session until
the end of the school term, quarter or semester of the school year
in which the juvenile becomes 18 years of age.
(2) A person found to have violated Subsection
H(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.
(3) This subsection does not apply to a person who has under his or her control a juvenile who has been sanctioned under § 4.9.26(1)(h), Wis. Stats., nor does it apply if the person proves that he or she is unable to comply with Subsection
H(1) because of the disobedience of the juvenile.
The provisions of §§ 254.92, 134.66 and 778.25,
Wis. Stats., as amended, are hereby adopted by reference and made
a part of this section as if fully set forth herein.
[Added 6-17-2020 by Ord. No. 2020-01]
A. For purposes
of this section:
(1) "Electronic
delivery device" is defined as any product delivering a vapor product
and shall include any component part of such a product, whether or
not sold separately.
(2) "Vapor
product" means any product containing nicotine, lobelia, or any other
substance intended for human consumption that can be used by a person
to simulate smoking in the delivery of nicotine or any other substance
through inhalation of vapor from the product.
B. No person
under the age of 18 may purchase, possess or use electronic delivery
devices or vapor products within the Village of Benton.
[Amended 10-16-2013 by Ord. No. 2013-004; 6-17-2020 by Ord. No. 2020-01]
A. Citation process. For violations of §§
205-2 through
205-9.5, juveniles may be cited by the citation process on a form approved by the Village Attorney and 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. Violations of §§
205-2 through
205-9.5 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 or her discretion, from referring cases directly to the District Attorney's office.