[HISTORY: Adopted by the Village Board of the Village of
Athens 11-22-2004 as Title 11,
Ch. 5, of the 2004 Code. Amendments noted where applicable.]
A.
Curfew established. It shall be unlawful for any juvenile under age
16 to be on foot, bicycle or in any type of vehicle on any public
street, avenue, highway, road, alley, park, school grounds, swimming
beach, place of amusement or entertainment, cemetery, playground,
public building or any other public place in the Village of Athens
between the hours of 10:30 p.m. (12:00 midnight Friday and Saturday)
and 6:00 a.m., unless such child is 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.[1]
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.
(e)
At any time in the event of an emergency which would justify
the reasonableness of the person's presence.
(f)
Who is engaged in interstate travel.
(g)
Who is on the sidewalk in front of his or her home or an adjacent
home.
(h)
Who is engaged in exercising First Amendment rights or activities.
(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.
Responsibility of operators of places of amusement. No person operating
a place of amusement or entertainment within the Village, or any agent,
servant or employee of any such person, shall permit a person under
16 years of age to enter or loiter in such place of amusement or entertainment
between 10:30 p.m. (12:00 midnight Friday and Saturday) and 6:00 a.m.
the next day, unless such person under 16 years of age is accompanied
by his/her parent, guardian or other adult person having legal custody
of such person.[2]
D.
Responsibility of hotels, motels and rooming houses. No person operating
a hotel, motel, or lodging or rooming house within the Village, or
any agent, servant or employee of such person, shall permit any person
under 16 years of age to visit, wander or stroll in any portion of
such hotel, motel, or lodging or rooming house between 10:30 p.m.
(12:00 midnight Friday and Saturday) and 6:00 a.m. the next day, unless
such person under 16 years of age is accompanied by his/her parent,
guardian or other adult person having legal custody of such person.
E.
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 16 to allow or permit such person to violate the provisions of Subsections A through D 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, legal 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 16 to violate this section.
F.
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 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 law enforcement officer
may make such necessary arrangements as may be necessary under the
circumstances for the juvenile's welfare.
G.
Warning and penalty.
(1)
Warning. The first time a juvenile is detained by a law enforcement officer, as provided in Subsection F, 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 section and further advised that any violation of this section 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.[3]
(2)
Penalty.
(a)
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 G(1) herein and who thereafter violates this section shall be subject to a penalty as provided in Chapter 1, Article I, 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.
(b)
Any juvenile under 16 years of age who shall violate this section
shall, upon conviction thereof, forfeit not less than $1 nor more
than $25, together with the costs of prosecution. Any juvenile violating
this section shall be subject to disposition as provided in § 938.343,
Wis. Stats., or any subsequent amendment, modification, revision,
renumbering, recodification or addition or deletion of said provision.
It shall be unlawful for any juvenile 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.
ADULT
JUVENILE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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.
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 Code 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 Village of Athens 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 Athens 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.
A.
DRUG PARAPHERNALIA
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
[1]
[2]
[3]
[4]
[5]
[6]
[7]
[8]
[9]
[10]
[11]
[12]
[13]
(2)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
All equipment, products and materials of any kind that are
used, designed for use or primarily intended for use in planting,
propagating, cultivating, growing, harvesting, manufacturing, compounding,
converting, producing, processing, preparing, testing, analyzing,
packaging, repackaging, storing, containing, concealing, injecting,
ingesting, inhaling or otherwise introducing into the human body a
controlled substance or controlled substance analog in violation of
Ch. 961, Wis. Stats.
"Drug paraphernalia" includes, but is not limited to, any of
the following:
Kits used, designed for use or primarily intended for use in
planting, propagating, cultivating, growing or harvesting of any species
of plant that is a controlled substance or from which a controlled
substance or controlled substance analog can be derived.
Kits used, designed for use or primarily intended for use in
manufacturing, compounding, converting, producing, processing or preparing
controlled substances or controlled substance analogs.
Isomerization devices used, designed for use or primarily intended
for use in increasing the potency of any species of plant that is
a controlled substance.
Testing equipment used, designed for use or primarily intended
for use in identifying, or in analyzing the strength, effectiveness
or purity of, controlled substances or controlled substance analogs.
Scales and balances used, designed for use or primarily intended
for use in weighing or measuring controlled substances or controlled
substance analogs.
Diluents and adulterants, such as quinine hydrochloride, mannitol,
mannite, dextrose and lactose, used, designed for use or primarily
intended for use in cutting controlled substances or controlled substance
analogs.
Separation gins and sifters used, designed for use or primarily
intended for use in removing twigs and seeds from, or in otherwise
cleaning or refining, marijuana.
Blenders, bowls, containers, spoons and mixing devices used,
designed for use or primarily intended for use in compounding controlled
substances or controlled substance analogs.
Capsules, balloons, envelopes and other containers used, designed
for use or primarily intended for use in packaging small quantities
of controlled substances or controlled substance analogs.
Containers and other objects used, designed for use or primarily
intended for use in storing or concealing controlled substances or
controlled substance analogs.
Objects used, designed for use or primarily intended for use
in ingesting, inhaling or otherwise introducing marijuana, cocaine,
hashish or hashish oil into the human body, such as:
Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes
with or without screens, permanent screens, hashish heads or punctured
metal bowls.
Water pipes.
Carburetion tubes and devices.
Smoking and carburetion masks.
Roach clips, meaning objects used to hold burning material,
such as a marijuana cigarette, that has become too small or too short
to be held in the hand.
Miniature cocaine spoons and cocaine vials.
Chamber pipes.
Carburetor pipes.
Electric pipes.
Air-driven pipes.
Chilams.
Bongs.
Ice pipes or chillers.
B.
Determination of drug paraphernalia. In determining whether an object
is drug paraphernalia, a court or other authority shall consider,
in addition to all other legally relevant factors, the following:
(1)
Statements by an owner or by anyone in control of the object concerning
its use.
(2)
The proximity of the object, in time and space, to a direct violation
of Ch. 961, Wis. Stats.
(3)
The proximity of the object to controlled substances or controlled
substance analogs.
(4)
The existence of any residue of controlled substances or controlled
substance analogs on the object.
(5)
Direct or circumstantial evidence of the intent of an owner, or of
anyone in control of the object, to deliver it to persons whom he
or she knows intend to use the object to facilitate a violation of
Ch. 961, Wis. Stats.; the innocence of an owner, or of anyone in control
of the object, as to a direct violation of Ch. 961, Wis. Stats., shall
not prevent a finding that the object is designed for use or primarily
intended for use as drug paraphernalia.
(6)
Instructions, oral or written, provided with the object concerning
its use.
(7)
Descriptive materials accompanying the object that explain or depict
its use.
(8)
Local advertising concerning its use.
(9)
The manner in which the object is displayed for sale.
(10)
Whether the owner, or anyone in control of the object, is a
legitimate supplier of like or related items to the community, such
as a licensed distributor or dealer of tobacco products.
(11)
The existence and scope of legitimate uses for the object in
the community.
(12)
Expert testimony concerning its use.
C.
Prohibited acts.
(1)
Possession of drug paraphernalia. No person under 18 years of age
may use, or possess with the primary intent to use, drug paraphernalia
to plant, propagate, cultivate, grow, harvest, manufacture, compound,
convert, produce, process, prepare, test, analyze, pack, repack, store,
contain, conceal, inject, ingest, inhale or otherwise introduce into
the human body a controlled substance or controlled substance analog
in violation of Ch. 961, Wis. Stats.
(2)
Manufacture or delivery of drug paraphernalia. No person under 18
years of age may deliver, possess with intent to deliver, or manufacture
with intent to deliver, drug paraphernalia, knowing that it will be
primarily used to plant, propagate, cultivate, grow, harvest, manufacture,
compound, convert, produce, process, prepare, test, analyze, pack,
repack, store, contain, conceal, inject, ingest, inhale or otherwise
introduce into the human body a controlled substance or controlled
substance analog in violation of Ch. 961, Wis. Stats.
(3)
Delivery of drug paraphernalia by a minor to a minor. Any person who is under 18 years of age who violates Subsection C(2) by delivering drug paraphernalia to a person under 18 years of age who is at least three years younger than the violator is guilty of a special offense.
(4)
Exemption. This section does not apply to manufacturers, practitioners,
pharmacists, owners of pharmacies and other persons whose conduct
is in accordance with Ch. 961, Wis. Stats. This section does not prohibit
the possession, manufacture or use of hypodermics, in accordance with
Ch. 961, Wis. Stats.
A.
ACCEPTABLE EXCUSE
DROPOUT
HABITUAL TRUANT
OPERATING PRIVILEGE
TRUANT
Definitions. For the purpose of this section, the following definitions
shall be applicable:
Permission of the parent/guardian/legal custodian of the
pupil, within limits of policies on truancy established by the school
in which the pupil is enrolled. Except in emergencies or unforeseeable
circumstances, such permission is expected to be communicated in writing
from the parent/guardian/legal custodian to the school prior to the
absence. In emergencies or unforeseeable circumstances, such communication
is expected to be communicated as soon as practicable following the
absence.
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.
Has the meaning given in § 340.01(40), Wis. Stats.[1]
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 or
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 may take possession
of any suspended license. 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 the duration
of the suspension.[2]
(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 Workforce 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 may take possession of any suspended license.
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 the duration of the suspension.[3]
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.[4]
F.
Failure to cause 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)
Subsection F(1) 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 subsection because of the disobedience of
the child, in which case the action shall be dismissed and the juvenile
officer or law enforcement authority shall refer the case to the District
Attorney's office.
(c)
Unless evidence has been provided by the school attendance officer
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.
G.
Contributing to truancy.
(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.
(4)
"Truancy" means 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, and also means intermittent
attendance carried on for the purpose of defeating the intent of § 118.15,
Wis. Stats.[5]
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.;
(2)
A person who shelters or conceals a child at the request of 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 Ch. 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]
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 (u), 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.
Has the same meaning as the definition in § 939.22(21), Wis. Stats., the list of offenses in Subsections (a) to (u) of that section to include violations of this chapter, Chapter 152, Adult Entertainment and Establishments, Chapter 161, Alcohol Beverages, Chapter 320, Nuisances, and Chapter 335, Peace and Good Order, of this Code.[1]
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. It is unlawful for any person to:
(1)
Engage in criminal gang activity.
(2)
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)
Solicit or attempt to solicit a person who has not attained the age
of 18 years to participate in criminal gang activity.
(4)
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 §§ 278-2 through 278-9, juveniles may be cited by the citation process on a form approved by the Village Attorney which 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 as otherwise provided in this chapter, violations of §§ 278-2 through 278-9 by a person under the age of 18 shall be punishable according to Chapter 1, Article I, 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.
