[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. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
DRUG PARAPHERNALIA
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.
D. 
Penalties. Any person who violates any provision of this section shall be subject to a disposition in accordance with § 938.344(2e), Wis. Stats., as adopted by § 281-6 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.
E. 
Penalty for violations of Subsection D. Any person 12 through 17 years of age who shall violate the provisions of Subsection D shall be subject to the same penalties as are provided in § 1-4 of this Code exclusive of the provisions therein relative to commitment in the County Jail.
A. 
No person shall intentionally shelter or conceal a juvenile child who:
(1) 
Is a "runaway child," meaning a child who has run away from his or her parent, guardian or legal or physical custodian; or
(2) 
Is a child who may be taken into custody pursuant to § 48.19, 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, 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.
B. 
The following sections of the Wisconsin Statutes are hereby specifically adopted by reference for the dispositional authority of the Monona Municipal Court:[1]
(1) 
Section 938.341.
(2) 
Section 938.342.
(3) 
Section 938.343.
(4) 
Section 938.344.
(5) 
Section 938.355.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Definitions. In this section, the following terms shall have the meanings given:
DROPOUT
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.
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. 
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]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(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]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(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. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
HARMFUL TO MINORS
Any reproduction, imitation, characterization, description, exhibition, presentation, or representation, of whatever kind or form, depicting nudity, sexual conduct, or sexual excitement when it:
(1) 
Predominantly appeals to a prurient, shameful, or morbid interest;
(2) 
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
(3) 
Taken as a whole, is without serious literary, artistic, political, or scientific value for minors.
MINOR
Any person under the age of 18 years.
NUDITY
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:
(a) 
The minor did not solicit the photograph or video.
(b) 
The minor did not transmit or distribute the photograph or a video to a third party other than a parent, school official or law enforcement official.
(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.