Chapter 309 Juveniles

This section shall not apply to a juvenile:

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

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, but not later than 60 minutes after the ending of such function.

These exceptions shall not, however, permit a juvenile 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, legal guardian or other person having the lawful care, custody and control of any person age 17 or under 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, legal 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, legal 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 juvenile age 17 or under to violate this section.

Detaining a juvenile. Pursuant to Ch. 938, Wis. Stats., law enforcement officers are hereby authorized to detain any juvenile violating the above provisions and other provisions in this chapter until such time as the parent, legal guardian or person having legal custody of the juvenile 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 the custody of the juvenile and shall sign a release for him or her, or such juvenile may be taken directly from the scene of his/her apprehension to his/her home. If such juvenile's parents or relative living nearby cannot be contacted to take custody of such juvenile and it is determined by the apprehending officer that the juvenile'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 juvenile's welfare.

Warning and penalty.

Warning. The first time a juvenile is detained by a law enforcement officer of the Village, as provided in Subsection D, such juvenile and the parent, guardian or person having legal custody of such juvenile 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 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.

§ 309-2 Possession of controlled substances by juveniles.

Penalty. Any parent, legal guardian, or person having legal custody of a juvenile described in Subsection A above who has been warned in the manner provided in Subsection E(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 juvenile, the action shall be dismissed and the juvenile shall be referred to the court assigned to exercise jurisdiction under Ch. 938, Wis. Stats. Any juvenile 17 years of age or under who shall violate this section shall, upon conviction thereof, forfeit not less than $1 nor more than $25, together with the costs of prosecution.

It shall be unlawful for any juvenile to possess a controlled substance contrary to the Uniform Controlled Substances Act, Ch. 961, Wis. Stats.

§ 309-3 Petty theft by juveniles.

It shall be unlawful for any juvenile, 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.

§ 309-4 Receiving stolen goods.

It shall be unlawful for a person under the age of 17 to intentionally receive or conceal property he/she knows to be stolen.

§ 309-5 Village jurisdiction over juveniles.

Adoption of state statutes. Sections 938.02 and 938.17(2), Wis. Stats., are hereby adopted and by reference made a part of this section as if fully set forth herein.

Definitions. As used in this section, the following terms shall have the meanings indicated:

ADULT

A person who is 18 years of age or older, except that for purposes of prosecuting a person who is alleged to have violated any civil law or municipal ordinance, "adult" means a person who has attained 17 years of age.

JUVENILE

A person who is less than 18 years of age, except that for purposes of prosecuting a person who is alleged to have violated a civil law or municipal ordinance, "juvenile" does not include a person who has attained 17 years of age.

Provisions of ordinance applicable to juveniles. Subject to the provisions and limitations of § 938.17(2), Wis. Stats., complaints alleging a violation of any provision of this Code against juveniles may be brought on behalf of the Village of Fairwater 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.

§ 309-6 Possession, manufacture and delivery of drug paraphernalia.

Definitions. As used in this section, "drug paraphernalia" shall be defined as provided in § 961.571, Wis. Stats.

Determination of drug paraphernalia. Determination of drug paraphernalia shall be made in accordance with § 961.572, Wis. Stats.

Prohibited uses.

Possession of drug paraphernalia. No person under 18 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 Ch. 961, Wis. Stats.

Manufacture or delivery of drug paraphernalia. No person under 18 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 Ch. 961, Wis. Stats.

Delivery of drug paraphernalia by a minor to minor. Any person who is under 18 years of age who violates Subsection C(2) by delivering drug paraphernalia to a person under 18 years of age who is at least three years younger than the violator is guilty of a special offense.

ACT OF COMMISSION OR OMISSION

Exemption. This section does not apply to manufacturers, practitioners, pharmacists, owners of pharmacies and other persons whose conduct is in accordance with Ch. 961, Wis. Stats. This section does not prohibit the possession, manufacture or use of hypodermics, in accordance with Ch. 961, Wis. Stats.

Penalties. Any person who violates Subsection C(1), (2) or (3) shall, upon conviction, be subject to disposition under § 938.344(2e), Wis. Stats.

§ 309-7 Truancy.

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 10 consecutive days in which school is held during a school semester.

Part or all of 10 or more days in which school is held during a school semester.

TRUANCY

Any absence for 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 Village resident between the ages of 6 and 18 years attending school, 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.

Preconditions to issuance of citation. Prior to the issuance of any citation, the district school attendance officer shall provide evidence to the Police Department that appropriate school personnel in the school in which the juvenile is enrolled have within the school year during which the truancy occurred:

Met with or attempted to meet with the juvenile's parent or legal guardian to discuss the juvenile's truancy.

Provided an opportunity for educational counseling to the juvenile and considered curriculum modifications.

Evaluated the juvenile to determine whether learning problems are the cause of the truancy and, if so, taken steps to overcome the learning problems.

Conducted an evaluation to determine whether social problems are the cause of the juvenile's truancy and, if so, taken appropriate action or made appropriate referrals.

Form of citation. Any citation issued shall be returnable in court in the same manner as all other ordinance citations are returnable. The citation is to state on its face that this is a must appear citation and no forfeiture amount is to be written on the face of the citation.

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

Suspension of operating privileges. 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.

Counseling, service or work program. Order the juvenile to participate in counseling, community service or a supervised work program under § 938.34(5g), 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.

Educational programs. Order the juvenile to attend an educational program as set forth in § 938.34(7d), Wis. Stats.

(5)

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

(6)

Teen court program. Order the juvenile to be placed in a teen court program if all of the following conditions apply:

The chief judge of the judicial administrative district has approved a teen court program established in juvenile's county of residence and the judge determines that participation in the court program will likely benefit the juvenile and the community.

The juvenile admits or pleads no contest to the allegations that the juvenile was truant in open court with the juvenile's parent, legal guardian or legal custodian present.

(c)

The juvenile has not successfully completed participation in a teen court program during the two years before the date of the alleged violation.

(7)

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.

Required school attendance.

Violations. Any person having under his/her control a juvenile who is between the ages of six and 18, subject to the exceptions found in § 118.15, Wis. Stats., shall cause the juvenile to attend school regularly during the full period and hours that the public or private school in which the juvenile shall 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 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 Ch. 938, Wis. Stats.

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 subsection, the school attendance officer 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 subsection, a forfeiture may be assessed as hereinafter provided.

Penalty.

A person found to have violated Subsection F(1) 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 § 1-4 of this Code.

Subsection F(4)(a) 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., nor does it apply if the person proves that he or she is unable to comply with Subsection F(1) because of the disobedience of the juvenile.

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 A, of a juvenile or harbors a truant shall be subject to a forfeiture pursuant to § 1-4 of this Code.

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.

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 a truant.

§ 309-8 Unlawful sheltering of minors.

No person shall intentionally shelter or conceal a minor child who is:

A runaway child, meaning a child who has run away from his or her parent, legal guardian or legal or physical custodian; or

A child who may be taken into custody pursuant to § 48.19, Wis. Stats.

Subsection A applies when the following conditions are present:

The person knows or should have known that the child is a child described in either Subsection A(1) or (2); and

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).

Subsection A does not apply to any of the following:

A person operating a runaway home in compliance with § 48.227, Wis. Stats.;

A person who shelters or conceals a child at the request or with the consent of the child's parent, legal guardian or legal or physical custodian, except if the sheltering or concealment violates § 948.31, Wis. Stats.; or

§ 309-9 Purchase or possession of tobacco products.

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 or 938, Wis. Stats., that he or she is sheltering or concealing such child and provides the person or agency notified with all information requested.

Definition of tobacco products. For the purposes of this section, "tobacco products" means any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacco.

Purchase by minors prohibited. It shall be unlawful for any person under the age of 18 years to purchase tobacco products or to misrepresent his/her identity or age or to use any false or altered identification for the purpose of purchasing tobacco products. No adult shall provide a tobacco product to a person under the age of 18.

Possession by minors prohibited. It shall be unlawful for any person under the age of 18 years to posses any tobacco products, provided that the possession by a person under the age of 18 years under the direct supervision of the parent or legal guardian of such person in the privacy of the parent's or legal guardian's home shall not be prohibited.

Statutes adopted. The provisions of §§ 254.92, 134.66 and 778.25(1)(a), Wis. Stats., are adopted by reference and incorporated herein.

§ 309-10 Smoking by minors near school grounds.

No person under the age of 18 years shall carry or possess a lighted cigar, cigarette, pipe, or any other lighted smoking equipment or tobacco product restricted by state law on public property within 500 feet of a school grounds within the Village of Fairwater between the hours of 7:00 a.m. and 5:00 p.m.

§ 309-11 Criminal gang activity.

Authority. This section is adopted pursuant to the authority granted by § 66.0107 and Ch. 948, Wis. Stats.

Definitions. For purposes of this section, the following terms are defined:

CRIMINAL GANG

An ongoing organization, association or group of three or more persons, whether formal or informal, that has as one of its primary activities the commission of one or more criminal or unlawful acts, or acts that would be criminal or unlawful if the actor were an adult, specified in § 939.22(21)(a) to (s), Wis. Stats., or in any of the Municipal Code sections referred to in the definition of "pattern of criminal gang activity" below, that has a common name or common identifying sign or symbol and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity.

PATTERN OF CRIMINAL GANG ACTIVITY

Has the same meaning as the definition in § 939.22(21), Wis. Stats., the list of offenses in Subsections (a) to (s) of that section, and the following chapters of this Code:

Chapter 175, Adult Uses.

Chapter 183, Alcohol Beverages, Article II, Offenses.

Chapter 309, Juveniles.

Chapter 349, Nuisances.

(5)

Chapter 363, Peace and Good Order.

UNLAWFUL ACT

Includes a violation of any of the Municipal Code sections referred to in the definition of "pattern of criminal gang activity" above or any criminal act or act that would be criminal if the actor were an adult.

Unlawful activity.

It is unlawful for any person to engage in criminal gang activity.

It is unlawful for any person to solicit or attempt to solicit a person who has not attained the age of 18 years to commit or attempt to commit any violation of the provisions of this section, or any one or more of those sections of the Municipal Code referred to in the definition of "pattern of criminal gang activity" in Subsection B above.

It is unlawful for any person to solicit or attempt to solicit a person who has not attained the age of 18 years to participate in criminal gang activity.