[HISTORY: Adopted by the Village Board of the Village of Grafton as Title 9, Part IV, Ch. 9.44, of the 1979 Code. Amendments noted where applicable.]
No person shall loiter or prowl in a place, at a time, or in a manner not usual for law-abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the actor takes flight upon appearance of a police or peace officer, refuses to identify himself, or manifestly endeavors to conceal himself or any object. Unless flight by the actor or other circumstances makes it impracticable, a police or peace officer shall, prior to any arrest for an offense under this section, afford the actor an opportunity to dispel any alarm which would otherwise be warranted by requesting him to identify himself and explain his presence and conduct. No person shall be convicted of an offense under this section if the police or peace officer did not comply with the preceding sentence, or if it appears at trial that the explanation given by the actor was true and, if believed by the police or peace officer at the time, would have dispelled the alarm.
[Amended by Ord. No. A-420-82, 1982]
It shall be unlawful for any student who is under suspension, expulsion or other discipline excluding him for attending any school under the jurisdiction of the Grafton School Board, or for any person not a student presently enrolled to attend such schools or not an employee of such schools, or not a parent or guardian of a student so enrolled, or not an otherwise authorized person, to be present within any school building or upon any school grounds under the jurisdiction of the School Board without first having secured authorization to be there from the principal or other person in charge of the school building or grounds, except while in direct route to secure said authorization. An authorized person shall include any person who is present at any school building or school grounds for any purpose previously authorized by the Grafton School Board or its designee.
Any person shall, upon request of the principal or other person in charge of any school building or upon any school grounds under the jurisdiction of the Grafton School Board, or upon the request of any police officer, display any written authorization to be present, which he or she may have in his or her possession, or otherwise explain his or her presence or status as such student, employee, parent or guardian, or authorized person.
All entrances to the school buildings referred to in Subsection A shall be posted with a notice stating, "Entry into school building by unauthorized persons prohibited."
Unauthorized presence shall include any vehicle that is found on school property which has not received permission to be there, or whose occupants or owners are not on school property for some legitimate business or activity, or which is parked in an area that restricts parking to certain authorized vehicles. Such vehicle may be issued a Village of Grafton parking citation that regulates parking or may be towed away at the direction of the school principal or person in charge. The Police Department may also have any vehicle towed away which, because of its location, creates a hazard to life or property.
Any person who violates any of the provisions of this section shall, upon conviction, be subject to the forfeiture of not less than $10 nor more than $200 for each offense, together with the cost of prosecution, and in the event of a failure to pay such forfeiture, where no showing of indigency is made, the defendant may be imprisoned for no more than 90 days, as the court deems fit, or until such judgment is sooner paid.
This section shall only apply to property under the jurisdiction of the Grafton School Board within its jurisdictional limits of the Village of Grafton.
[Amended by Ord. No. A-517-88, 1988; 3-16-2015 by Ord. No. 005-2015; 8-6-2018 by Ord. No.004-2018; 7-6-2020 by Ord. No. 008-2020]
In this section, "truant" means 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.
In this section, "habitual truant" has the definition set forth in Wis. Stats., § 118.16(1)(a).
Dispositions for truancy. Upon finding a pupil to be truant, any or all of the dispositions set forth in Wis. Stats., § 118.163(1m), are available to the court.
Dispositions for habitual truancy. Upon finding a pupil to be habitually truant, any or all of the dispositions set forth in Wis. Stats., § 118.163(2) are available to the court.
[Added 7-6-2020 by Ord. No. 008-2020]
"Contributes to truancy" has the definitions and exceptions set forth in Wis. Stats., § 948.45, which is incorporated here by reference.
A person 17 years of age or older who contributes to the truancy of a person 17 years of age or under is guilty of a violation of this section.
The general penalties set forth in Chapter 1.08 apply to a violation of this section.
[Amended by Ord. No. A-423-82, 1982]
No person shall enter upon the land or premises of another without the permission of the owner or occupant of the land or premises.
[Amended by Ord. No. 045, Series 2000]
No person shall by loitering interfere with the free use of any public assembly or public use by others using such place of public assembly. It shall be an offense under this section for a person to refuse to discontinue such loitering after a request to do so by a police officer or by the person in charge of the place of public assembly.
[Amended by Ord. No. 045, Series 2000]
No person shall loiter on private premises without invitation from the owner or occupant. It shall be an offense under this section for a person to refuse to discontinue such loitering after being requested to do so by a police officer or by the owner or occupant.
[Added 9-19-2016 by Ord. No. 014]
Definitions. As used in this section, the following terms shall have the meanings indicated herein:
- ILLEGAL DRUG ACTIVITY
- Unlawful conduct contrary to any provision of Ch. 961, Wis. Stats., or any substantially similar federal statute, statute of a foreign state, or ordinance of any political subdivision.
- KNOWN AREA OF ILLEGAL DRUG ACTIVITY
- A public place where, within three years previous to the date of arrest for violation of this section, and within the collective knowledge of the Police Department, a person has been arrested for a violation which led to a conviction in any municipal, state or federal court of an offense involving illegal drug activity.
- KNOWN DRUG SELLER OR PURCHASER
- A person who, within three years previous to the date of arrest for violation of this section, had within the collective knowledge of the Police Department been convicted in any municipal, state or federal court of an offense involving illegal drug activity.
- PUBLIC PLACE
- Any area generally visible to public view and includes, but is not limited to, streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots and buildings open to the general public, including those which serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the ground surrounding them.
Among the circumstances which may be considered in determining whether any person who loiters or drives in any public place in a manner and under circumstances manifesting the purpose of inducing, enticing, soliciting or procuring another to engage in illegal drug activity are:
The person frequents, either on foot or in a motor vehicle, a known area of illegal drug activity; repeatedly beckons to stop or attempts to stop known drug sellers or purchasers or engages known drug sellers or purchasers in conversation;
Stops the motor vehicle the person is the operator of and sells or purchases or attempts to sell or purchase illegal drugs to or from a known drug seller or purchaser;
Transfers small objects or packages for currency in a furtive fashion or manifestly endeavors to conceal himself, herself or any object or package which reasonably could be involved in illegal drug activity;
Takes flight upon appearance of a police officer.
The violator's conduct must be such as to demonstrate a specific intent to induce, entice, solicit or procure another to engage in illegal drug activity. No arrest may be made for a violation of this section unless the arresting officer first affords the person an opportunity to explain the person's presence and conduct, unless flight by the person or other circumstances makes it impracticable to afford such an opportunity, and no one shall be convicted of violating this section if it appears at trial that the explanation given was true and disclosed a lawful purpose.
Any person who violates any of the provisions of this section shall, upon conviction, be subject to the forfeiture of not less than $500 nor more than $5,000 or, upon default of payment, be imprisoned for not more than 90 days.