Village of Clyman, WI Chapter 243 Juveniles

[HISTORY: Adopted by the Village Board of the Village of Clyman as Title 11, Ch. 5, of the 1998 Village Code of Ordinances. Amendments noted where applicable.]

GENERAL REFERENCES

Cigarettes — See Ch. 162.

Intoxicating liquor and fermented malt beverages — See Ch. 235.

Nuisances — See Ch. 288.

Peace and good order — See Ch. 311.

§ 243-1 Curfew.

A. Curfew established. It shall be unlawful for any juvenile under age 18 to be on foot, bicycle or in any type of vehicle on any public street, avenue, highway, road, alley, place of amusement and entertainment, public building or any other public place in the Village of Clyman between the hours of 10:00 p.m. and 6:00 a.m. unless accompanied by his or her parent, legal guardian, or person having lawful custody and control of his or her person, or unless there exists a reasonable necessity therefor. The fact that said juvenile, unaccompanied by parent, legal guardian or other person having legal custody, is found upon any such public place during the aforementioned hours shall be prima facie evidence that said juvenile is there unlawfully and that no reasonable excuse exists therefor.

B. Exceptions.

(1) This section shall not apply to a juvenile:

(a) Who is performing an errand as directed by his/her parent, legal guardian or person having lawful custody.

(b) Who is on his/her 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 60 minutes after the ending of such function.

(2) These exceptions shall not, however, permit a juvenile to unnecessarily loiter about the streets, alleys or public places or be in a parked motor vehicle on the public streets.

C. Parental responsibility. It shall be unlawful for any parent, legal guardian or other person having the lawful care, custody and control of any person under age 18 to allow or permit such person to violate the provisions of Subsection A or B above. The fact that prior to the present offense a parent, legal 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, legal guardian or custodian herein who shall have made a missing person notification to law enforcement officers shall not be considered to have allowed or permitted any juvenile under age 16 to violate this section.

D. Detaining a juvenile. Pursuant to Ch. 938, Wis. Stats., law enforcement officers are hereby authorized to detain any juvenile violating the above provisions and other provisions in this chapter until such time as the parent, legal guardian or person having legal custody of the juvenile shall be immediately notified, and the person so notified shall as soon as reasonably possible thereafter report to law enforcement officers for the purpose of taking the custody of the juvenile and shall sign a release for him or her, or such juvenile may be taken directly from the scene of his/her apprehension to his/her home. If such juvenile's parents or relative living nearby cannot be contacted to take custody of such juvenile and it is determined by the apprehending officer that the juvenile's physical or mental condition is such as would require immediate attention, the law enforcement officer may make such necessary arrangements as may be necessary under the circumstances for the juvenile's welfare.

E. Warning and penalty.[1]

(1) Warning. The first time a minor is detained by a law enforcement officer of the Village, as provided in Subsection D, such minor and the parent, guardian or person having legal custody of such minor shall be advised, personally, if known, or by registered mail, as to the provisions of this section and further advised that any violation of this section occurring thereafter by such minor or any other minor under the care of such parent, guardian or person having legal custody shall result in a penalty being imposed as hereinafter provided.

(2) Penalty. Any parent, legal guardian, or person having legal custody of a juvenile described in Subsection A above who has been warned in the manner provided in Subsection E(1) herein and who thereafter violates this section shall be subject to a penalty as provided in § 1-3 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 juvenile, the action shall be dismissed and the juvenile shall be referred to the court assigned to exercise jurisdiction under Ch. 938, Wis. Stats. Any juvenile under 16 years of age who shall violate this section shall, upon conviction thereof, forfeit not less than $25 nor more than $100, together with the costs of prosecution.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 243-2 Possession of controlled substances by juveniles.

It shall be unlawful for any juvenile to possess a controlled substance contrary to the Uniform Controlled Substances Act, Ch. 961, Wis. Stats.

§ 243-3 Petty theft by juveniles.

It shall be unlawful for any juvenile 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.

§ 243-4 Receiving stolen goods.

It shall be unlawful for a person under the age of 17 to intentionally receive or conceal property he/she knows to be stolen.

§ 243-5 Village jurisdiction over juveniles.

A. Adoption of state statutes. Sections 938.02, and 938.17(2), Wis. Stats., are hereby adopted and by reference made a part of this section as if fully set forth herein.

B. Definition of adult and juvenile.

ADULT

A person who is 18 years of age or older, except that for purposes of prosecuting a person who is alleged to have violated any civil law or municipal ordinance, "adult" means a person who has attained 17 years of age.

JUVENILE

A person who is less than 18 years of age, except that for purposes of prosecuting a person who is alleged to have violated a civil law or municipal ordinance, "juvenile" does not include a person who has attained 17 years of age.

C. Provisions of ordinance applicable to juveniles. Subject to the provisions and limitations of § 938.17(2), Wis. Stats., complaints alleging a violation of any provision of this Code against juveniles may be brought on behalf of the Village of Clyman and may be prosecuted utilizing the same procedures in such cases as are applicable to adults charged with the same offense.

D. No incarceration as penalty. The court shall not impose incarceration as a penalty for any person convicted of an offense prosecuted under this section.

E. Additional prohibited acts. In addition to any other provision of the Village of Clyman Code, no juvenile 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.

F. Penalty for violations of Subsection E. Any juveniles, except those who hold a valid beverage operator's license, who shall violate the provisions of Subsection E shall be subject to the same penalties as are provided in § 1-3 of this Code, exclusive of the provisions therein relative to commitment in the county jail.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Original § 11-5-6 of the 1998 Code of Ordinances, Possession, manufacture and delivery of drug paraphernalia by a minor prohibited, which previously followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 243-6 Truancy.

A. Definitions. For the purpose of this section, the following definitions shall be applicable:

ACCEPTABLE EXCUSE

The meaning as defined in §§ 118.15 and 118.16(4), Wis. Stats.

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 either of the following:

(1) Part or all of five or more days out of 10 consecutive days in which school is held during a school semester.

(2) Part or all of 10 or more days in 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 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 law enforcement officer that appropriate school personnel in the school in which the juvenile is enrolled has 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 habitually truant, the following dispositions are available to the court:

(1) Suspension of operating privileges. Suspend the juvenile's operating privileges as defined in § 340.01(40), Wis. Stats., for not less than 30 days nor more than 90 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.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(2) Counseling, service or work program. Order the juvenile to participate in counseling, community service or a supervised work program under § 938.34(5g), Wis. Stats.

(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 Department of Workforce Development to revoke a work permit to the juvenile.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(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 juvenile and the community;

(b) The juvenile admits or pleads no contest to the allegations that the juvenile was truant in open court with the juvenile's parent, legal guardian or legal custodian present;

(c) The juvenile has not successfully completed participation in a teen court program during the two years before the date of the alleged violation.

(7) Parental counseling. Order the parent, legal guardian or legal custodian of a habitually truant juvenile to participate in counseling at his or her own expense.

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 section, 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 section, a forfeiture may be assessed pursuant to § 1-3 of this Code.[3]

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

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 pursuant to § 1-3.[4]

[4] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(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 of commission 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.[5]

[5] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Original § 11-5-7(g), definition of truancy, which previously followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

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) Violations and penalties; exceptions.

(a) 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 pursuant to § 1-3.

(b) Subsection H(2)(a) 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., 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.

§ 243-7 Unlawful sheltering of minors.

A. No person shall intentionally shelter or conceal a minor child who:

(1) Is a "runway child," meaning a child who has run away from his or her parent, legal guardian or legal or physical custodian; or

(2) Is a child who may be taken into custody pursuant to § 938.19, 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.; or

(2) A person who shelters or conceals a child at the request or with the consent of the child's parent, legal 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 or 938, Wis. Stats., that he or she is sheltering or concealing such child and provides the person or agency notified with all information requested.

§ 243-8 Purchase or possession of tobacco products.

A. Definition of tobacco products. For the purposes of this section:

TOBACCO PRODUCTS

Any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacco.

B. Purchase by minors prohibited. It shall be unlawful for any person under the age of 18 years to purchase tobacco products, or to misrepresent their identity or age, or to use any false or altered identification for the purpose of purchasing tobacco products.

C. Possession by minors prohibited. It shall be unlawful for any person under the age of 18 years to posses any tobacco products, provided that the possession by a person under the age of 18 years under the direct supervision of the parent or legal guardian of such person in the privacy of the parent's or legal guardian's home shall not be prohibited.

D. Statutes adopted. The provisions of §§ 254.92, 134.66 and 778.25(1)(a), Wis. Stats., are adopted by reference and incorporated herein.

§ 243-9 Smoking by minors on public property.

No person under the age of 18 years shall carry or possess a lighted cigar, cigarette, pipe, or any other lighted smoking equipment or tobacco product restricted by state law on public property within 500 feet of a school grounds within the Village of Clyman between the hours of 7:00 a.m. and 5:00 p.m.

§ 243-10 Criminal gang activity prohibited.

A. Authority. This section is adopted pursuant to the authority granted by § 66.0107(3) and Ch. 948, Wis. Stats.

B. Definitions. For purposes of this section, the following terms are defined:

CRIMINAL GANG

An ongoing organization, association or group of three or more persons, whether formal or informal, that has as one of its primary activities, the commission of one or more criminal or unlawful acts, or acts that would be criminal or unlawful if the actor were an adult, specified in § 939.22(21)(a) to (s), Wis. Stats., or in any of the Code sections referred to in the definition of "pattern of criminal gang activity" below, that has a common name or common identifying sign or symbol and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity.

PATTERN OF CRIMINAL GANG ACTIVITY

The same meaning as the definition in § 939.22(21), Wis. Stats., the list of offenses in Subsections (a) to (s) of that section, to Chapters 235, 288 and 311 of this Code.

UNLAWFUL ACT

Includes a violation of any of the Code sections referred to in the definition of "pattern of criminal gang activity" above or any criminal act or act that would be criminal if the actor were an adult.

C. Unlawful activity.

(1) It is unlawful for any person to engage in criminal gang activity.

(2) It is unlawful for any person to solicit or attempt to solicit a person who has not attained the age of 18 years, to commit or attempt to commit any violation of the provisions of this section, or any one or more of those sections of the Code referred to in the definition of "pattern of criminal gang activity" in subsection B above.

(3) It is unlawful for any person to solicit or attempt to solicit a person who has not attained the age of 18 years to participate in criminal gang activity.

(4) It is unlawful for any person to solicit or attempt to solicit a person who has not attained the age of 18 years to join a criminal gang.

§ 243-11 Enforcement; violations and penalties. [1]

A. Citation process. For violations of §§ 243-2 through 243-10, 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. Except where another penalty is provided, violations of §§ 243-2 through 243-10 by a person under the age of 18 shall be punishable according to § 1-3 of this Code and §§ 938.17(2), 938.343, 938.344 and 938.345, Wis. Stats. Nothing in this section shall prevent the juvenile officer, in his/her discretion, from referring cases directly to the District Attorney's office.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).