[HISTORY: Adopted by the Village Board of the Village of
Coloma 6-30-1994 as Title 3, Ch.
1, Sec. 3-1-15, and Title 9, Ch. 2, Sec. 9-2-10, of the 1994 Code.
Amendments noted where applicable.]
A.
It shall be unlawful for any person under the age of 18 to be on
foot, bicycle or in any type of vehicle on any public street, avenue,
highway, road, alley, park, school grounds, swimming beach, cemetery,
playground, public building or any other public place in the Village
between the hours of 10:00 p.m. and 5:00 a.m., unless said child is
accompanied by his/her parent or guardian or person having lawful
custody and control of his/her person or unless there exists a reasonable
necessity therefor. The fact that said child, unaccompanied by parent,
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 child is there unlawfully and that no reasonable
excuse exists therefor.
B.
Exceptions:
(1)
This section shall not apply to a child:
(a)
Who is performing an errand as directed by his/her parent, 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.
(2)
These exceptions shall not, however, permit a child to unnecessarily
loiter about on the street, alleys or public places or be in a parked
motor vehicle on the public streets.
C.
It shall be unlawful for any parent, guardian or other person having lawful care, custody and control of any person under the age of 18 years to allow or permit such person to violate the provisions of Subsections A and B above. The fact that prior to the present offense a parent, guardian or custodian was informed by any law enforcement officer of a separate violation of this chapter 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, guardian or custodian herein who shall have made a missing person notification to the Police Department shall not be considered to have allowed any person under the age of 18 years to violate this section.
D.
It shall be unlawful for any person, firm or organization operating
or in charge of any place of amusement, refreshment or other place
of business to permit any minor under the age of 18 to loiter, loaf
or idle in such place during the hours prohibited by this section.
Whenever the owner or person in charge or in control of any place
of amusement, entertainment, refreshment or other place of business
during the hours prohibited by this section shall find minors under
the age of 18 years loitering, loafing or idling in such place of
business, he/she shall immediately order such minor to leave and if
such minor refuses to leave said place of business, the operator shall
immediately notify the Police Department and inform it of the violation.
E.
Every law enforcement officer is hereby authorized to detain any
minor violating the provisions above, until such time as the parent,
guardian or person having legal custody of the minor 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
custody of the minor and shall sign a release for him/her. If no response
is received, the Police Department shall take whatever action is deemed
necessary in the best interest of the minor.
F.
Warning. For the first time a minor, parent, guardian or person having legal custody of a minor that is detained by a law enforcement officer of the Village as provided in Subsection E, 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 the minor or any other minor under his/her care or custody shall result in a penalty being imposed as hereinafter provided.
G.
General penalty.
(2)
Any person who shall violate any of the provisions of this chapter
shall upon conviction of such violation, be subject to a penalty,
which shall be as follows:
(a)
First offense penalty. Any person who shall violate any provision
of this chapter shall, upon conviction thereof, forfeit not less than
$5 nor more than $500 together with the costs of prosecution and in
default of payment of such forfeiture and costs of prosecution shall
be imprisoned in the Waushara County jail until such forfeiture and
costs are paid, but not exceeding 90 days.
(b)
Second offense penalty. Any person found guilty of violating
any part of this chapter who shall have previously been convicted
of a violation of the same chapter within one year shall, upon conviction
thereof, forfeit not less than $20 nor more than $1,000 for each such
offense, together with costs of prosecution and in default of payment
of such forfeiture and costs shall be imprisoned in the Waushara County
Jail until such forfeiture and costs of prosecution are paid, but
not exceeding six months.
(c)
Continued violations. Each violation and each day a violation
continues or occurs shall constitute a separate offense. Nothing in
this chapter shall preclude the Village from maintaining any appropriate
action to prevent or remove a violation of any provision in this chapter.
(d)
Other remedies. The Village shall have any and all other remedies
afforded by the Wisconsin Statutes in addition to the forfeitures
and costs of prosecution above.
