Village of Monticello, WI Minors

It shall be unlawful for any person under 16 years of age 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 of Monticello between the hours of 9:00 p.m. and 6:00 a.m., 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. 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.

It shall be unlawful for any person 16 or 17 years of age 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 of Monticello between the hours of 11:00 p.m. and 6:00 a.m., 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. 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.

Exceptions.

This section shall not apply to a child:

(a)

Who is performing an errand as directed by his parent, guardian or person having lawful custody.

(b)

Who is on his 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 prohibited hours.

(d)

Who is returning home from a supervised school, church or civic function.

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.

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 or 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 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.

Responsibility of places of amusement. It shall be unlawful for any person, firm or organization operating or in charge of any place of amusement, entertainment, refreshment or other place of business to permit any minor under 18 years of age 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 persons under 18 years of age loitering, loafing or idling in such place of business, he shall immediately order such person to leave and if such person refuses to leave said place of business, the operator shall immediately notify the Police Department and inform them of the violation.

Detaining a minor. Law enforcement officers are hereby authorized to detain any minor violating the provisions of 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 there after report to the Police Department for the purpose of taking the custody of the minor and shall sign a release for him or her, or such child may be taken directly from the scene of his apprehension to his home. If such child's parents or relative living nearby cannot be contacted to take custody of such child and it is determined by the apprehending officer that the child's physical or mental condition is such as would require immediate attention, the police officer may make such necessary arrangements as may be necessary under the circumstances for the child's welfare.

Penalty.

Any parent, guardian or person having legal custody of a child described in Subsections A through E who has been warned in the manner provided in Subsection F and who thereafter violates any of the provisions of this section shall be subject to a penalty as provided in § 1-6 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 Chapter 48, Wis. Stats.

ACT OF COMMISSION OR OMISSION

Any minor person under 18 years of age who shall violate this section shall, upon conviction thereof, forfeit not less than $25, together with the cost of prosecution, and may be sentenced to perform community service in addition to or in lieu of a forfeiture.

§ 248-2 Possession of controlled substances by juveniles.

It shall be unlawful for any person under the age of 18 to possess a controlled substance contrary to the Uniform Controlled Substances Act, Chapter 961, of the Wisconsin Statutes.

§ 248-3 Petty theft by juveniles.

It shall be unlawful for any person under the age of 18, 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.

§ 248-4 Receiving stolen goods.

It shall be unlawful for a person under the age of 18 to intentionally receive or conceal property he knows to be stolen.

§ 248-5 Jurisdiction over persons 14 through 17 years of age.

Adoption of state statute. Section 48.13, Wis. Stats., is hereby adopted and by reference made a part of this section as if fully set forth herein.

Provisions of ordinance applicable to persons 14 through 17 years of age. Subject to the provisions and limitations of § 48.13 Wis. Stats., complaints alleging a violation of any provision of the Code of the Village of Monticello against persons 14 through 17 years of age may be brought on behalf of the Village of Monticello and may be prosecuted utilizing the same procedures in such cases as are applicable to adults charged with the same offense.

No incarceration as penalty. The Court shall not impose incarceration as a penalty for any person convicted of an offense prosecuted under this section.

Additional prohibited acts. In addition to any other provision of the Village of Monticello Code of Ordinances, no person age 14 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 Chapter 125, Wis. Stats.

Penalty for violations of Subsection D. Any person 14 through 17 years of age who shall violate the provisions of Subsection D shall be subject to the same penalties as are provided in § 1-6 of this Code exclusive of the provisions therein relative to commitment in the County Jail.

§ 248-6 Purchase or possession of tobacco products.

[Amended 11-7-2018 by Ord. No. 2018-1107A]

Section 254.92, Purchase or possession of cigarettes or tobacco products by person under 18 prohibited, of the Wisconsin Statutes are adopted by reference and shall apply in the Village of Monticello.

§ 248-7 Truancy.

[Amended 2-5-2003 by Ord. No. 11-6-7]

Definitions. For the purpose of this section, the following definitions shall be applicable.

ACCEPTABLE EXCUSE

The meaning as defined in §§ 118.15 and 118.16(4), Wis. Stats.

Anything that contributes to the truancy of a juvenile, whether or not the juvenile is adjudged to be in need of protection or services, if the natural and probable consequences of that act would be to cause the child to be truant.

HABITUAL TRUANT

A pupil who is absent from school without an acceptable excuse for either of the following:

Part or all of five or more days out of a school semester.

TRUANCY

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. Intermittent attendance carried on for the purpose of defeating the intent of § 118.15, Wis. Stats., shall also be considered truancy.

Prohibition against habitual truant. Any person attending school in the Village between the ages of six and 18 years, subject to the exceptions found under § 118.15, Wis. Stats., is prohibited from becoming a habitual truant as the term is defined in this section. Any police officer in this Village is authorized to issue a citation to any such person who is determined to be a habitual truant under the terms of this section.

Prohibition against truancy. Any person attending school in the Village between the ages of 12 and 18 years, who is determined to be truant, as defined in the definition of "truancy" in § 248-7A, shall be subject to one or more of the following penalties:

An order for the person to attend school.

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 amount of not more than $500 plus costs 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 legal guardian of the person, or both.

Form of citation. Any citation issued shall be returnable in Court in the same manner as all other ordinance citations are returnable.

Disposition. Upon a finding the juvenile is habitually truant, the following dispositions are available to the Court:

Suspension of operating privileges. Suspend the juvenile's operating privileges as defined in § 340.01(40), Wis. Stats., for not less than 30 days nor more than 90 days. 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 duration of the suspension.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Counseling, service or work program. Order the juvenile to participate in counseling, community service or a supervised work program under § 938.34, Wis. Stats.

In house restraint. Order the juvenile to remain at home except for the hours in which the juvenile 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 juvenile to leave home if the juvenile is accompanied by a parent or legal guardian.

(4)

Educational programs. Order the juvenile to attend an education program as set forth in § 938.34, Wis. Stats.

(5)

Revocation of work permits. Order the Department of Workforce Development to revoke a work permit to the juvenile.

(6)

Parental counseling. Order the parent, legal guardian or legal custodian of a habitually truant juvenile to participate in counseling at his or her own expense.

Parent or legal guardian liability for truancy.

Obligation. Unless the juvenile is excepted or excused under § 118.15, Wis. Stats., or has graduated from high school, any person having under control a juvenile who is between the ages of six and 18 years shall cause the juvenile to attend school regularly during the full period of hours, religious holidays excepted, that the public or private school in which the juvenile should be enrolled is in session until the end of the school term, quarter or semester of the school year in which the juvenile becomes 18 years of age.

Exceptions.

(a)

A person will not be found in violation of this subsection if that person can prove that he/she is unable to comply with the provisions of this section because of the disobedience of the juvenile. The juvenile shall be referred to the Court assigned to exercise jurisdiction under Chapter 938, Wis. Stats.

(b)

A person will not be found in violation of this subsection if he/she has a juvenile under his/her control and the child has been sanctioned under § 49.26(1)(h), Wis. Stats.

Proof required for exacting a penalty. Before a person may be found guilty of violating this section, the school attendance officer, principal or teacher, must present evidence to the Court that the activities under § 118.16(5), Wis. Stats., have been completed by the school system. If that evidence has been presented to the Court and if the Court finds a person guilty of violating this section, a forfeiture may be assessed as hereinafter provided.

Contributing to truancy.

Except as provided in Subsection G(2) below, any person 18 years of age or older, who, by an act or omission, knowingly encourages or contributes to the truancy, as defined in Subsection G(4), of a juvenile shall be subject to a forfeiture.

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.

Per the definition of "act of commission or omission" in Subsection A, 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 truant.

(4)

Per the definition of "truancy" in Subsection A, "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 as 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.

§ 248-8 Harboring, aiding, assisting and abetting minor runaways.

No person shall knowingly allow, permit or board any minor child at his or her residence, business, or other property in his or her control, where the person knows or should have known the minor child to be a runaway from his or her parent, guardian, or legal custodian.

No person shall knowingly assist, aid or abet a runaway child to escape apprehension or flee from his parents or authorities, including but not limited to:

Provide transportation to said runaway child; or

Provide money, clothing or any other useful instrument to the runaway child to aid the runaway child in escape; or

Obstruct by providing false or untrue information regarding the location or plan of the runaway child; or

(4)

Refuse to provide information to law enforcement officers when questioned about the runaway child, which information was known to them at the time and would assist in the apprehension of the runaway child; or

(5)

Assist, aid or abet the runaway child any other way for the purpose of hindering law enforcement officers or the child's parents, guardian or legal custodian from learning the whereabouts of the child.

This section does not apply to the recipient of a placement by the juvenile court intake staff or the court.

This section does not apply to runaway shelters licensed and registered with the State of Wisconsin.

Violations and penalties.

Any person who violates this section shall, upon conviction, be subject to § 1-6.

Any person under the age of 18 who violates any of the provisions of this section shall, upon conviction, be subject to the penalties outlined in § 1-6.

§ 248-9 Parent or guardian liable for truancy.

Unless the child is excepted or excused from § 118.15, Wis. Stats., or has graduated from high school, any person having under 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 of 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.

Penalties and exceptions.

A person found to have violated Subsection A above, after evidence is provided by a school official that the activities under § 118.16(5), Wis. Stats., have been completed shall be subject to a forfeiture pursuant to § 1-6.