[HISTORY: Adopted by the Common Council of the City of Princeton as Title 11, Ch. 5, of the City Code. Amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See Ch. 1, § 1-3.
Municipal Court — See Ch. 25.
Bicycles and play vehicles — See Ch. 130.
Cigarettes — See Ch. 149.
Intoxicating liquor and fermented malt beverages — See Ch. 225.
Peace and good order — See Ch. 275.
[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. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
EMERGENCY
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.
ESTABLISHMENT
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.
GUARDIAN
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.
OPERATOR
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.
PUBLIC PLACE
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.
REMAIN
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 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.
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.
F. 
Penalty for violations of Subsection D. Any juveniles who shall violate the provisions of Subsection D shall be subject to the same penalties as are provided in § 1-3 of Chapter 1, Article I, Construction and Penalties, exclusive of the provisions therein relative to commitment in the County jail.
[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. 
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.
DROPOUT
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.
HABITUAL TRUANT
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.
TRUANT
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.
A. 
No person shall intentionally shelter or conceal a minor child who:
(1) 
Is a "runaway 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[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(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.
A. 
Authority. This section is adopted pursuant to the authority granted by § 66.0107 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 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.
PATTERN OF CRIMINAL GANG ACTIVITY
Has 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 § 275-1 of Chapter 275 of the Code of the City of Princeton.
UNLAWFUL ACT
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]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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.