[HISTORY: Adopted by the Common Council of the City of Monona
as Title 11, Ch. 5, of the 1994 Code. Amendments noted where applicable.]
A.
Curfew established. It shall be unlawful for any person under 18
years of age to be present 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 Monona, unless accompanied by his or her parent or guardian
or person having lawful custody and control of his or her person,
or unless there exists a reasonable necessity therefor, during the
following hours: youths 15 and under: weeknights (Sunday to Thursday)
10:00 p.m. to 5:00 a.m. the next day; weekends (Friday and Saturday)
11:00 p.m. to 5:00 a.m. the next day; youths age 16 and up to 18:
weeknights (Sunday to Thursday) 11:00 p.m. to 5:00 a.m. the next day;
weekends (Friday and Saturday) 12:00 midnight to 5:00 a.m. the next
day.
[Amended 10-16-2017 by Ord. No. 9-17-689]
B.
Exceptions.
(1)
This section shall not apply to a child:
(a)
Who is performing an errand as directed by his or her parent,
guardian or person having lawful custody.
(b)
Who is on his or 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 30 minutes after the ending of such function.
(e)
Who is participating in, going to, or returning from, an activity
involving the exercise of their rights protected under the First Amendment
to the United States Constitution or any equivalent rights under the
Wisconsin Constitution, including freedom of speech, the free exercise
of religion, and the right of assembly.
(2)
Unless flight by the child or other circumstances makes it impracticable,
a law enforcement officer shall, prior to issuing a citation for an
offense under this section, afford the child an opportunity to explain
his or her reasons for being present in the public place. A law enforcement
officer shall not issue a citation for an offense under this section
unless the officer reasonably believes that an offense has occurred
and that none of the exceptions described in this section apply.
(3)
These exceptions shall not, however, permit a child to unnecessarily
loiter about the streets, alleys or public places or be in a parked
motor vehicle on the public streets.
C.
Parental responsibility. It shall be unlawful for any parent, guardian or other person having the lawful care, custody and control of any person under 18 years of age to allow or permit such person to violate the provisions of Subsection A 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 section 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 or permitted any person under 18 years of age to violate this section.
D.
Warning and penalty.
[Amended 10-16-2017 by Ord. No. 9-17-689]
(1)
Warning. The first time a juvenile is detained by a law enforcement
officer of the City, as provided in this section, the parent, guardian
or person having legal custody of such juvenile shall be advised 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.
(2)
Penalty. Any parent, guardian or person having legal custody of a child described in Subsection A above who has been warned in the manner provided in Subsection D(1) herein and who thereafter violates this section shall be subject to a penalty as provided in § 1-4 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 child, the action shall be dismissed, and the child shall be referred to the court assigned to exercise jurisdiction under Ch. 48 or Ch. 938, Wis. Stats. Any juvenile person under 18 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, and upon a second or subsequent offense, upon conviction thereof, face forfeitures as set forth in the City's Fee, Forfeiture and Deposit Schedule.
A.
DRUG PARAPHERNALIA
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The same meaning as the term is defined in § 961.571,
Wis. Stats.
B.
Possession of drug paraphernalia. No person under 17 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 this chapter.
C.
Manufacture or delivery of drug paraphernalia. No person under 17
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 this chapter.
A.
Adoption of state statute. Section 938.17(2), Wis. Stats., is hereby
adopted and by reference made a part of this section as if fully set
forth herein.
B.
Provisions of chapter applicable to persons 12 through 17 years of
age. Subject to the provisions and limitations of § 938.17(2),
Wis. Stats., complaints alleging a violation of any provision of this
Code against persons 12 through 17 years of age may be brought on
behalf of the City of Monona and may be prosecuted utilizing the same
procedures in such cases as are applicable to adults charged with
the same offense.
C.
No incarceration as penalty. The Court shall not impose incarceration
as a penalty for any person convicted of an offense prosecuted under
this section.
D.
Additional prohibited acts. In addition to any other provision of
the City of Monona Code, no person aged 12 through 17 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.
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, 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, Wis. Stats., that
he or she is sheltering or concealing such child and provides the
person or agency notified with all information requested.
A.
Citation process. For violations of §§ 281-2 through 281-4, juveniles may be cited by the citation process on a form approved by the City 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. Violations of §§ 281-2 through 281-4 by a person under the age of 18 shall be punishable according to §§ 938.17(2), 938.343, 938.344 and 938.345, Wis. Stats. Nothing in this section shall prevent the Juvenile Officer, in his or her discretion, from referring cases directly to the District Attorney's office.
A.
Pursuant to the authority granted by Wisconsin Statutes § 938.17(2), the City of Monona Municipal Court is granted the dispositional alternatives as outlined in Subsection B.
A.
DROPOUT
HABITUAL TRUANT
TRUANT
Definitions. In this section, the following terms shall have the
meanings given:
A child who ceased to attend school, does not attend a public
or private school, technical college or home-based private education
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.
Habitual truancy. No person under 18 years of age shall be a habitual
truant from the school the person is supposed to be attending.
C.
Dropout. No person who is at least 16 years of age but less than
18 years of age shall be a dropout.
D.
Truancy. No person under the age of 18 years of age shall be a truant
from the school the person is supposed to be attending.
E.
Dispositions, truancy, habitual truancy, and school dropout.
(1)
Habitual truancy. If the Court finds that a person under 18 years of age violates § 281-7B of this chapter, the Court shall enter an order making 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.[1]
(b)
Order 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 such counseling or supervised work or community
service program may be assessed against the person, the parents or
guardian of the person, or both.[2]
(c)
Order 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 or her home
if the person is accompanied by a parent or guardian.
(d)
Order the person to attend an educational program under § 938.34(7d),
Wis. Stats.
(e)
Order the 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)
Order the person to be placed in a teen court program if all
of the following conditions apply:
[1]
The Chief Judge of the Judicial Administrative District has
approved a teen court program established in the person's county
of residence, and the judge determines participation in the teen court
program will likely benefit the person and the community.
[2]
The person admits or pleads no contest in open court, with the
person's parent, guardian or legal custodian present, to the
allegations the person violated the civil law or ordinance.
[3]
The person has not successfully completed participation in a
teen court program during the two years before the date of the alleged
civil law or ordinance violation.
(g)
Order the person to attend school.
(h)
Impose 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 guardians
of the person, or both.
(i)
Impose any other reasonable conditions consistent with § 118.163,
Wis. Stats., including a curfew, restrictions as to going to or remaining
on specified premises and restrictions on associating with other children
or adults.
(j)
Place the person under formal or informal supervision, as described
in § 938.34(2), Wis. Stats., for up to one year.
(k)
Order 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.
(2)
School dropout. If the Court finds a person is subject to and has violated § 281-7C of this chapter, 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.
[Amended 10-16-2017 by Ord. No. 9-17-689]
(3)
Truancy. If the Court finds a person under 18 years of age violated § 281-7D of this chapter, the Court shall enter an order making one or more of the following dispositions:
(a)
Order the person to attend school.
(b)
Impose a forfeiture of not more than $50 plus costs for the
first violation, or a forfeiture of $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 amount 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 the
guardian of the person, or both.
A.
Except as provided in Subsection B, any person 17 years of age or older who, by any act or omission, knowingly encourages or contributes to truancy, as defined under § 118.16(1)(c), Wis. Stats., of a person 17 years of age or under shall be subject to a forfeiture of up to $500.
B.
Subsection A does not apply to a person who has under his or her control a child who has been sanctioned under § 49.26(1)(h), Wis. Stats.
C.
An act or omission contributes to the truancy of a child, whether
or not the child 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 child to be truant.
[Added 8-6-2018 by Ord. No. 7-18-703]
A.
HARMFUL TO MINORS
(1)
(2)
(3)
MINOR
NUDITY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any reproduction, imitation, characterization, description,
exhibition, presentation, or representation, of whatever kind or form,
depicting nudity, sexual conduct, or sexual excitement when it:
Predominantly appeals to a prurient, shameful, or morbid interest;
Is patently offensive to prevailing standards in the adult community
as a whole with respect to what is suitable material or conduct for
minors; and
Taken as a whole, is without serious literary, artistic, political,
or scientific value for minors.
Any person under the age of 18 years.
The showing of the human male or female genitals, pubic area,
or buttocks with less than a fully opaque covering; or the showing
of the female breast with less than a fully opaque covering of any
portion thereof below the top of the nipple; or the depiction of covered
male genitals in a discernibly turgid state. A mother's breastfeeding
of her baby does not under any circumstance constitute "nudity," irrespective
of whether or not the nipple is covered during or incidental to feeding.
B.
A minor commits the offense of sexting if he or she knowingly:
(1)
Uses a computer, or any other device capable of electronic data transmission
or distribution, to transmit or distribute to another minor any photograph
or video of any person which depicts nudity, as defined above, and
is harmful to minors, as defined above.
(2)
Possesses a photograph or video of any person which depicts nudity,
as defined above, and is harmful to minors, as defined above. A minor
does not violate this paragraph if all of the following apply:
(3)
Solicits the transmission or distribution of any text, correspondence,
message, photograph or video from another minor that would itself
be prohibited under this section.
C.
Any person who shall violate this section shall pay a forfeiture
as set forth in the forfeiture schedule.
