[HISTORY: Adopted by the Town Board of the Town of Rome as Sec. 9.03 of the prior Code. Amendments noted where applicable.]
A. 
Adoption of state statute. Section 938.17(2), Wis. Stats., is hereby adopted and by reference made a part of this chapter as if fully set forth herein.
A. 
Curfew established. It shall be unlawful for any person under 18 years of age to be on foot, bicycle or in any type of vehicle or 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 Town of Rome between the hours of 11:00 p.m. and 5:00 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.
B. 
Exceptions.
(1) 
This chapter 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 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.
(2) 
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 or age to allow or permit such person to violate the provisions of §§ 225-1 and 225-2. 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 chapter 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 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 chapter.
For the purpose of this chapter, the following terms, phrases, words, and their derivations shall have the meaning given herein. If not defined herein, the word, term or phrase shall have the definition commonly accepted including a relevant definition contained in the Wisconsin Statutes. When not inconsistent with the context, the words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory:
ALLEY
A public right-of-way, which normally affords a secondary means of vehicular access to abutting property.
PARK
All grounds, structures and watercourses which are or may be located within any area dedicated to the public use as a park, parkway, public boat landing, public lake access, recreation facility or conservancy district in the Town.
PERSON
Includes a corporation, firm partnership, association, organization and any other group acting as a unit as well as individuals, including a personal representative, receiver or other representative appointed according to law. Whenever the term "person" is used in any section of this chapter prescribing a penalty or fine, as to partnerships or associations, the work shall include the partners or members thereof, and as to corporations, shall include the officers, agents or members thereof who are responsible for any violation of such section.
STREET
Any public highway or alley and shall mean the entire width between the boundary lines of any public way where any part thereof is open to the public for purposes of vehicular traffic.
TOWN
The Town of Rome, Adams County, Wisconsin, or any duly appointed designate thereof, including, but not limited to, the Town Board and Town committees.
TOWN BOARD or BOARD
The present governing body of the Town or any successors to the legislative power of said body, or any duly appointed designate thereof.
VEHICLE
A motor vehicle, trailer, semitrailer or mobile home, whether or not such vehicle is registered under Wisconsin Law.