[HISTORY: Adopted by the Village Board of the Village of
Williams Bay as indicated in article histories. Amendments noted where
applicable.]
[Adopted as § 10.09 of the 2011 Code]
[Amended 9-7-2021 by Ord. No. 2021-09]
A.
No minor person under the age of 18 years of age shall loiter, idle,
wander or play, either on foot or in a vehicle of any nature whatsoever,
upon the streets, alleys, highways, roads, sidewalks, parks, playgrounds,
public grounds, vacant lots, or other unsupervised places in the Village
between the hours of 11:00 p.m. and 6:00 a.m. of the following day
on any Sunday, Monday, Tuesday, Wednesday or Thursday, and between
the hours of 12:01 a.m. and 6:00 a.m. on any Saturday or Sunday unless
accompanied by a parent or guardian or other adult person having care
and custody of the minor; provided, however, that this section shall
not apply to minors while they are returning home from functions authorized
by the governing body of any public or parochial school or church
and while such is being made by the shortest and most direct route
and as fast as is reasonably possible under the circumstances. This
section shall not apply to minors returning home from work, provided
that any such minor shall be returning home by the shortest and most
direct route and as fast as is reasonably possible under the circumstances.
[Amended 5-1-2023 by Ord. No. 2023-03]
B.
This section shall not apply to minors exercising First Amendment
rights protected by the United States Constitution, such as the free
exercise of religion, freedom of speech, and the right of assembly,
or minors that are married or had been married.
[Amended 9-7-2021 by Ord. No. 2021-09]
No parent, guardian, or other adult person having care and custody of a minor person under 18 years of age shall knowingly permit such minor to loiter, idle, wander or play, either on foot or in a vehicle of any nature whatsoever, upon the streets, alleys, highways, roads, sidewalks, parks, playgrounds, public grounds, vacant lots, or other unsupervised places in the Village between the hours specified in § 238-1 unless such minor is returning from an approved school or church function or from work or exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly.
Before taking any enforcement action within 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 and other circumstances, no defense in § 238-1 is present.
A.
Any minor found violating the provisions of § 238-1 for the first violation shall be warned of the penalties for second and subsequent violations by any police officer of the Village and, where possible, shall be taken and delivered by such officer to the custody of the person having legal custody over the minor. A record of such violation shall be made and filed in the records of the Police Department. Any minor found violating the provisions of § 238-1 a second or subsequent time shall be dealt with in accordance with the provisions of Ch. 48, Wis. Stats.
C.
Any person who shall violate any provision of § 238-2 shall, upon conviction thereof, forfeit not less than $50 nor more than $200, together with the costs of prosecution, and in default of payment of such forfeiture and costs of prosecution, shall be imprisoned in the county jail until such forfeiture and costs are paid, but not exceeding five days.
[Adopted as § 10.17 of the 2011 Code]
Section 118.163(2), Wis. Stats., authorizes the Village to adopt
a municipal truancy ordinance based on §§ 938.125(2)
and 938.342, Wis. Stats., and § 118.16(5), Wis. Stats.,
authorizes the Village to adopt an ordinance requiring certain persons
to ensure that a child attends school.
As used in this article, the following terms shall have the
meanings indicated:
The meaning as defined in §§ 118.15 and 118.16(4),
Wis. Stats.
A pupil who is absent from school without an acceptable excuse
for either of the following:
A.
The Village, by this article and pursuant to § 118.163(2),
Wis. Stats., does prohibit any student within the Municipal Court
jurisdiction from being a habitual truant. The Village Police Department
is authorized to issue a municipal ordinance citation to any such
student found within its jurisdiction who is determined to be habitually
truant.
B.
Prior to the issuance of any citation, the law enforcement personnel
shall determine whether the school officials have done the following:
(1)
Met with or attempted to meet with the child's parent or guardian
to discuss the child's truancy.
(2)
Provided an opportunity for educational counseling to the child and
considered curriculum modifications.
(3)
Evaluated the child to determine whether learning problems are a
cause of the truancy and, if so, taken steps to overcome the learning
problems.
(4)
Conducted an evaluation to determine whether social problems are
the cause of the child's truancy and, if so, taken appropriate action
or made appropriate referrals.
C.
Any citation issued shall be returnable in the Municipal Court in
the same manner as all 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.
Upon finding the child habitually truant, the Municipal Court
shall impose one or more of the following dispositions:
A.
Suspend the child's motor vehicle operating privileges as defined
in § 340.01(40), Wis. Stats., for not less than 30 nor more
than 90 days. The judge shall immediately take possession of the suspended
license and forward it to the State Department of Transportation,
together with a notice setting forth the reason for and duration of
the suspension.
B.
Order the child to participate in counseling, community service or
a supervised work program under § 118.163(2), Wis. Stats.,
and as described in § 938.34(5g), Wis. Stats.
C.
Order the child to remain at home, except for the hours in which
the child 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 child to leave the home if the
child is accompanied by a parent or guardian.
D.
Order the child to attend an educational program as set forth in
§ 938.34(7d), Wis. Stats.
A.
Any person who has a child under his control, which child is between
the ages of six years and 18 years old and which child attends school
within the jurisdiction of the Village Municipal Court as defined
in § 938.125(2), Wis. Stats., is required by ordinance to
ensure that the child attends school according to the provisions of
§ 118.15, Wis. Stats.
B.
The Police Department is authorized to issue a municipal ordinance
citation to any such person upon complaint and affidavit of the school
attendance officer.
C.
Exceptions.
(1)
A person
will not be found in violation of this section if that person proves
that he is unable to comply with this section because of the disobedience
of the child under that person's control. If the person is unable
to comply with this section due to the disobedience of the child,
no action will be undertaken pursuant to this section and the child
will be referred to the Juvenile Court.
(2)
This
section does not apply to a person who has a child under his control
if the child has been sanctioned under § 49.26(1)(h), Wis.
Stats.
Before a person may be found guilty of violating this article, 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 is presented to the Court and if the Court finds a person guilty of violating this article, a penalty as provided in § 1-4 of this Code, as the same may be amended, repealed and re-created from time to time, and such reference shall be deemed refer to the most recent enactment of § 1-4, shall be imposed against that person.
