No person under the age of 18 years shall be or remain in or
upon any of the public streets, alleys, or places of the City between
the hours of 10:00 p.m. on any Sunday, Monday, Tuesday, Wednesday
and Thursday until 5:00 a.m. the following day, and between the hours
of 11:00 p.m. on Friday and Saturday until 5:00 a.m. the following
day, unless such person is accompanied by his/her parent, guardian
or other individual having custody of such person.
This article shall not apply to any person under the age of
18 years of age who is required to use the streets, alleys, or public
places of the City during the hours named for the purpose of going
to or returning from his/her place of employment, but no more than
reasonable time shall be allowed for going to and returning from such
employment.
It is a defense to prosecution under this article that the minor
was:
A. Accompanied by the minor's parent or guardian;
B. Engaged in legal activity at the direction, permission, or authority
of the minor's parent or guardian;
C. In or upon a motor vehicle involved in interstate travel;
D. Engaged in an employment activity, or going to or returning home
from an employment activity, without any detour or stop;
E. Involved in an emergency.
Before taking any enforcement action under this article, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this article unless the officer reasonably believes that an offense has occurred and that, based on any response or other circumstances, no defense in §
382-3 is present.
Any person under the age of 18 years who repeatedly violates
this article shall be subject to referral to Juvenile Court Intake
under Chapter 938 of the Wisconsin Statutes.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A. It shall be unlawful for any person under the age of 18 years to
violate the provisions of this article. Upon a violation of this article
by such person, such person shall forfeit and pay not less than $5
nor more than $50 for each offense or fines as set forth on the current
bond schedule, together with the cost of prosecution. The Police Department
shall notify the parent, guardian or individual having custody over
the person violating this article, if known, of the minor's violation
of this article. Notice may be made either in person, by telephone
or by letter.
B. It shall be unlawful for any parent, guardian or other individual
having custody of any person under the age of 18 years to allow or
permit such person to violate the provisions of this article. If a
parent, guardian or other individual having custody of a child has
been previously notified of a minor's violation of this article, upon
subsequent offense received by a person under the age of 18 years,
the parent, guardian or other individual having custody shall be in
violation of this article of the Code and shall forfeit and pay not
less than $5 nor more than $50 for each offense or fines as set forth
on the current bond schedule, together with the cost of prosecution,
and in lieu of payment thereof shall be confined to the county jail
not to exceed five days.