[HISTORY: Adopted by the Common Council of the City of Princeton
as Title 11, Ch. 5, of the City Code. Amendments noted where applicable.]
[Amended 6-14-2005 by Ord. No. 2005-03]
A.
Curfew established.
(1)
"Curfew period" means and includes the hours from 11:00 p.m. to 5:00
a.m. Sunday through Thursday for the period beginning the day after
Memorial Day through Labor Day of each year; from 10:00 p.m. to 5:00
a.m. Sunday through Thursday for the period beginning the day after
Labor Day through Memorial Day of each year; and from 12:00 midnight
to 5:00 a.m. for all Fridays and Saturdays throughout the year.
(2)
It shall be unlawful for any juvenile under the age of 18 to be or
remain in or upon the public streets, highways, roads, alleys, sidewalks
and parks, public buildings, establishments, vacant lots, or any public
place in the City, either on foot or in or upon any operated or parked
conveyance during the curfew period, unless such juvenile is accompanied
by their parents, stepparents, legal guardian or other adult family
member, or person having legal custody of the juvenile.
(3)
The fact that said juvenile, unaccompanied by parent, stepparent,
legal guardian or other adult family member, 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. The following shall constitute exceptions to the curfew
as set forth in this section:
(1)
Emergency. The presence of the juvenile is necessitated by an emergency
situation in which property or human life are in jeopardy, and the
prompt summoning or rendering of aid is essential.
(2)
Employment. The presence of the juvenile is in the course of the
juvenile's employment duties during working hours or for travel incidental
to such employment.
(3)
Associational activity. The juvenile is present while traveling directly
home from an associational activity.
(4)
Interstate travel. The presence of the juvenile is necessitated by
and while actually engaged in interstate travel.
C.
Parental/guardian responsibility. It shall be a violation of this
section for the parent, stepparent or legal guardian of a juvenile
to permit, whether knowingly or otherwise, or to force the juvenile
to violate the provisions of this section.
D.
Enforcement. A law enforcement officer having probable cause to believe
that a juvenile is in violation of the provisions of this section
may detain the juvenile, counsel or issue a warning or summons as
may be appropriate, and shall make every effort to immediately release
the juvenile to the juvenile's parent, legal guardian or other adult
person having the care, custody or control of the child. If the parent,
legal guardian or other adult person having the care, custody or control
of such child is unavailable, unwilling or unable to provide supervision
of the child, a law enforcement officer may release the juvenile to
a responsible adult, and verbally counsel or issue a warning or summons
as may be appropriate. In the case of a juvenile 15 years of age or
older, the law enforcement officer may release the juvenile without
immediate adult supervision, and counsel or issue a warning or summons
to the juvenile as may be appropriate.
E.
Effect or other sanctions. The enactment of this section is not intended
in any way to repeal or otherwise modify other provisions of this
Code.
F.
Violation; penalties. Each juvenile convicted of a violation of the
provisions of this section shall be punished by a forfeiture of not
less than $25 and/or loss of driving privileges as provided by applicable
law. Each adult convicted of a violation of the provisions of this
section shall be punished by a forfeiture of not less than $50, nor
more than $500, except for a second conviction within a twelve-month
period the minimum forfeiture shall be $75; for a third conviction
within a twelve-month period the minimum forfeiture shall be $100;
for a fourth or subsequent violation within a twelve-month period
the minimum forfeiture shall be $150; and, in default of payment thereof,
by the loss of driving privileges or another penalty as provided by
applicable law.
G.
EMERGENCY
ESTABLISHMENT
GUARDIAN
OPERATOR
PUBLIC PLACE
REMAIN
Definitions. As used in this section, the following terms shall have
the meanings indicated:
An unforeseen combination of circumstances or the resulting
state that calls for immediate action. The term includes, but is not
limited to, a fire, a natural disaster, or automobile accident, or
any situation requiring immediate action to prevent serious bodily
injury or loss of life.
Any privately owned place of business operated for a profit
to which the public is invited, including but not limited to any place
of amusement or entertainment.
A person who, under court order, is the legal guardian of
the person of a minor, or a public or private agency with whom a minor
has been placed by a court.
Individual, firm, association, partnership, or corporation
operating, managing or conducting any establishment. The term includes
the members or partners of any association or partnership and the
officers of a corporation.
Any place to which the public or a substantial group of the
public has access and includes, but is not limited to, streets, highways,
and the common areas of schools, apartment houses, office buildings,
transport facilities, and shops.
To linger or stay, or fail to leave premises when requested
to do so by a police officer or the owner, operator, or other person
in control of the premises.
It shall be unlawful for any person under age 17 to possess
a controlled substance contrary to the Uniform Controlled Substances
Act, Ch. 961, Wis. Stats.
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.
It shall be unlawful for a person under the age of 17 to intentionally
receive or conceal property he/she knows to be stolen.
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."
(1)
"Adult" means 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.
(2)
"Juvenile" means 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 of Ordinances against
juveniles may be brought on behalf of the City of Princeton 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 City of Princeton Code of Ordinances, 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.
[1]
Editor's Note: Former § 232-6, Possession, manufacture
and delivery of drug paraphernalia by minor, was repealed 1-28-2020 by Ord. No. 01-2020.
A.
ACCEPTABLE EXCUSE
ACT OF COMMISSION OR OMISSION
DROPOUT
HABITUAL TRUANT
TRUANT
Definitions. For the purpose of this section, the following definitions
shall be applicable:
The meaning as defined in §§ 118.15 and 118.16(4),
Wis. Stats.
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.
A child who has ceased to attend school, does not attend
a public or private school, technical college or home-based private
educational program on a full-time basis, has not graduated from high
school and does not have an acceptable excuse under § 118.15(1)(b)
to (d) or (3), Wis. Stats.
A pupil who is absent from school without an acceptable excuse
under §§ 118.15 and 118.16(4), Wis. Stats., for part
or all of five or more days on which school is held during a school
semester.
A pupil who is absent from school without an acceptable excuse
under §§ 118.15 and 118.16(4), Wis. Stats., for part
or all of any day on which school is held during a school semester.
B.
Truancy. No person under 18 years of age shall be truant. Upon conviction
thereof, the following dispositions are available to the court:
(1)
An order for the person to attend school.
(2)
A forfeiture of not more than $50 plus costs for a first violation,
or a forfeiture of not more than $100 plus costs for any second subsequent
violation committed within 12 months of a previous violation, subject
to § 938.37, Wis. Stats., and subject to a maximum cumulative
forfeiture 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.
C.
Habitual truancy.
(1)
No person under 18 years of age shall be a habitual truant.
(2)
If the court determines that a person is a habitual truant, the court
may order one or more of the following dispositions:
(a)
Suspension of the person's operating privilege for not less
than 30 days nor more than one year. The court shall immediately take
possession of any suspended license and forward it to the Wisconsin
Department of Transportation together with a notice stating the reason
for and the duration of the suspension.
(b)
An order for the person to participate in counseling or a supervised
work program or other community service work as described in § 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.
(c)
An order for the person to remain at home except during hours
in which the person 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 person to leave his/her
home if the child is accompanied by a parent or guardian.
(d)
An order for the person to attend an educational program as
described in § 938.34(7d), Wis. Stats.
(e)
An order for the Wisconsin Department of Work Force Development
to revoke, under § 103.72, Wis. Stats, a permit under § 103.70,
Wis. Stats., authorizing the employment of the person.
(f)
An order for the person to be placed in a teen court program
as described in § 938.342(1g)(f), Wis. Stats.
(g)
An order for the person to attend school.
(h)
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 parents or guardian of the person, or both.
(i)
An order placing the person under formal or informal supervision,
as described in § 938.34(2), Wis. Stats., for up to one
year.
(j)
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.
(k)
Any other reasonable conditions consistent with this section,
including a curfew, restrictions as to going to or remaining on specified
premises and restrictions on associating with other children or adults.
D.
Dropouts.
(1)
No person who is at least 16 years of age but is less than 18 years
of age may be a dropout.
(2)
If the court determines that a person is at least 16 years of age
but is less than 18 years of age and is a dropout, the court may suspend
the person's operating privilege until the person reaches the age
of 18. The court shall immediately take possession of any suspended
license and forward it to the Wisconsin Department of Transportation,
together with a notice stating the reason for and the duration of
the suspension.
E.
Dispositional orders and sanctions. The court is hereby authorized
to exercise each and every kind of authority granted to courts under
Wisconsin law. Specifically, the court is hereby authorized to exercise
the authority granted to it in § 938.355, Wis. Stats., and
is hereby authorized to exercise the authority granted it in § 938.355(6m),
Wis. Stats.
F.
Adopted terms. As used in this section, the terms "truant," "habitual
truant," "operating privilege," and "dropout" have the meanings provided
in § 118.163, Wis. Stats. Those definitions are hereby adopted
and incorporated herein as if fully set forth. Any future amendment
of any such definition is hereby adopted and is incorporated herein
as if fully set forth as the effective date of such future amendment.
G.
Failure to cause a child to attend school regularly.
(1)
Unless the child is excepted or excused under § 118.15,
Wis. Stats., or has graduated from high school, any person having
under his/her 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 and 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)
This section does not apply:
(a)
To a person who has under his/her control a child who has been
sanctioned under § 49.26(1)(h), Wis. Stats.
(b)
To a person who proves that he/she is unable to comply with
the requirements of this section because of the disobedience of the
child, in which case the action shall be dismissed and the juvenile
officer of law enforcement authority shall refer the case to the District
Attorney's Office.
(c)
Unless evidence has been provided by the school attendance office
that the activities under § 118.16(5), Wis. Stats., have
been completed or were not required to be completed as provided in
§ 118.16(5m), Wis. Stats.
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[1]
(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.
[1]
Editor's Note: Former § 232-9, Purchase or possession
of tobacco products, and § 232-10, Smoking by minors on
public property, were repealed 2-25-2020 by Ord. No. 02-2020.
A.
Authority. This section is adopted pursuant to the authority granted
by § 66.0107 and Ch. 948, Wis. Stats.
B.
CRIMINAL GANG
PATTERN OF CRIMINAL GANG ACTIVITY
UNLAWFUL ACT
Definitions. For purposes of this section, the following terms are
defined:
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 municipal 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.
Includes a violation of any of the municipal 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 municipal 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.
A.
Citation process. For violations of §§ 232-2 through 232-11, juveniles may be cited by the citation process on a form approved by the City 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.[1]
B.
Penalties. Violations of §§ 232-2 through 232-11 by a person under the age of 18 shall be punishable according to § 1-3 of Chapter 1, Article I, Construction and Penalties, 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.
