[Adopted 10-12-2000 by Ord. No. 108C]
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, park, school grounds, place of amusement and
entertainment, cemetery, playground, public building or any other
public place in the City of Arcadia between the hours of 10:30 p.m.
and 5:00 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 a 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.
A.
This article shall not apply to a juvenile:
(1)
Who is performing an errand as directed by his/her parent, legal
guardian or person having lawful custody.
(2)
Who is on his/her own premises or in the areas immediately adjacent
thereto.
(3)
Whose employment makes it necessary to be upon the streets, alleys
or public places or in any motor vehicle during such hours.
(4)
Who is returning home from a supervised school, church or civic function,
but not later than 60 minutes after the ending of such function.
B.
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.
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 § 261-10 or 261-11 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 article 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 the Police Department shall not be considered to have allowed or permitted any juvenile under age 18 to violate this article.
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 article 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 the Police Department 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 police officer may make such necessary
arrangements as may be necessary under the circumstances for the juvenile's
welfare.
The first time a juvenile is taken into custody by a law enforcement officer as provided in § 261-13 above, such juvenile and the parent, guardian or person having legal custody of such juvenile shall be advised, personally, if known, or by registered mail, as to the provisions of this article and further advised that any violation of this article occurring thereafter by such juvenile or any other juvenile under the care of such parent, guardian or person having legal custody shall result in a penalty being imposed as hereinafter provided.
A.
Parent; legal guardian. Any parent, legal guardian, or person having legal custody of a juvenile described in § 261-10 above who has been warned in the manner provided in § 261-14 herein and who thereafter violates this article shall be subject to a penalty, upon conviction thereof, of not less $50 nor more than $100, together with all assessable costs of prosecution. After a second violation within a six-month period, if the defendant, in a prosecution under this article, proves that he or she is unable to comply with this article 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.
B.
Juvenile. Any juvenile under 18 years of age who shall violate this
article shall, upon conviction thereof, forfeit not less than $10
nor more than $100, together with all assessable costs of prosecution.[2]
[2]
Editor's Note: Original Section (g), Siren, which immediately
followed this section, was repeated 2-15-2012 by Ord. No. 108D.
