City of Amery, WI Juveniles

It shall be unlawful for any juvenile under age 16 to be on foot, bicycle or in any type of vehicle on any public street, avenue, swimming area, highway, road, alley, park, school grounds, place of amusement and entertainment, cemetery, playground, public building or any other public place in the City of Amery between the hours of 10:00 p.m. and 5:00 a.m., unless accompanied by his or her parent, legal 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 individual, unaccompanied by parent, legal 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 juvenile is there unlawfully and that no reasonable excuse exists therefor.

Exceptions.

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.

(e)

Who is in a public place because of an emergency.

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 under age 16 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 under age 16 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 law enforcement 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 taken into custody by a law enforcement officer as provided in Subsection D above, such parent, legal guardian, or person having legal custody shall be advised as to the provisions of this section and further advised that any violation of this section occurring thereafter by this juvenile or any other juvenile under his or her care or custody shall result in a penalty being imposed as hereinafter provided.

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

ACT OF COMMISSION OR OMISSION

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 § 1-5 of this Code of Ordinances. 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 under 16 years of age who shall violate this section shall, upon conviction thereof, forfeit not less than $1 nor more than $25, together with the costs of prosecution.

§ 270-2 Possession of controlled substances by Juveniles.

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

§ 270-3 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.

§ 270-4 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.

§ 270-5 City 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 of Ordinances against juveniles age 12 through 17 may be brought on behalf of the City of Amery 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 City of Amery Code of Ordinances, no juvenile age 12 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 Ch. 125, Wis. Stats.

Penalty for violations of Subsection D. Any juveniles age 12 through 17 who shall violate the provisions of Subsection D shall be subject to the same penalties as are provided in § 1-5 of this Code of Ordinances exclusive of the provisions therein relative to commitment in the county jail.[1]

[1]

Editor's Note: Original Sec. 11-5-5(g) of the 2004 Code of Ordinances, regarding court authority to impose alternative juvenile dispositions and sanctions, as added 1-4-2012 by Ord. No. 1-2012, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 270-6 Truancy; school attendance.

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.

DROPOUT

The meaning given in § 118.153(1)(b), Wis. Stats.

HABITUAL TRUANT

A pupil who is absent from school without an acceptable excuse under §§ 118.15 and 118.16(4), Wis. Stats., for part of or all of five or more days in which school is held during 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 considering truancy.

TRUANT

A pupil who is absent from school without an acceptable excuse under §§ 118.15 and 118.16(4), Wis. Stats., for part or all of any day on which school is held during a school semester.

Prohibition against habitual truant. Any person attending school in the City 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 law enforcement officer in this City is authorized to issue a citation to any such person who is determined to be a habitual truant under the terms of this section.

Truancy. No person under 18 years of age shall be a truant from the school the person is supposed to be attending.

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.

[Amended 7-1-2020 by Ord. No. 03-2020]

Habitual truancy disposition. Upon a finding the juvenile is habitually truant pursuant to §§ 118.163(1)(b) and 938.342(1g), Wis. Stats., and is in violation of Subsection B of this section, 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 365 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 the 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 §§ 938.342(1g)(b) and 938.34(5g), Wis. Stats. The costs of any such counseling, supervised work program or other community service work may be assessed against the person, the parents or guardian of the person, or both.

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.

Revocation of work permits. Order the Department of Workplace Development to revoke a work permit to the juvenile under §§ 103.70 and 103.72, Wis. Stats.

(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 person and the community.

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

(c)

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

(7)

School attendance order. Order the person to attend school.

(8)

Forfeiture. Impose a forfeiture of not more than $500 plus costs, subject to § 938.37, Wis. Stats. All or part of the forfeiture plus costs may be assessed against the person, the parent or guardian of the person, or both.

(9)

Other conditions. Order the person to comply with any other reasonable conditions that are consistent with this subsection, including a curfew, restrictions as to going to or remaining on specified premises and restrictions on associating with other juveniles or adults.

(10)

Supervision. Place the person under formal or informal supervision, as described in § 938.34(2), Wis. Stats., for up to one year.

(11)

Parental counseling. The court may, in addition to or instead of the dispositions under Subsection F(1) through (10), order the person's parent, guardian or legal custodian to participate in counseling at the parent's, guardian's or legal custodian's own expense or to attend school with the person, or both.

Required school attendance; truancy dispositions.

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. If the court finds that a person under 18 years of age violated this subsection or Subsection C above, the court shall enter an order making one or more of the following dispositions:

Order the person to attend school.

Impose a forfeiture of not more than $50 plus costs for a first violation, or a forfeiture of $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 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 guardian of the person, or both.

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 section, 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 section, a forfeiture may be assessed as herein provided.

Contributing to truancy.

Except as provided in Subsection H(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 shall be subject to a forfeiture pursuant to § 1-5.

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

Subsection H(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.[1]

[1]

Editor's Note: Original Sec. 11-5-6(h)(4) of the 2004 Code of Ordinances, defining "truancy," which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Parent or legal guardian liability for truancy.

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.

Penalty; exception.

A person found to have violated Subsection I(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 § 1-5.

Subsection I(2)(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 I(1) because of the disobedience of the juvenile.

Dropouts.

Prohibition. No person under the age of 18 shall be a dropout.

Disposition. The court may suspend the operating privilege of a person who is at least 16 years of age but less than 18 years of age and is a dropout. The court may suspend the person's operating privilege until the person reaches the age of 18. 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.

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

Order to school district. The Municipal Court may order the School District of Amery to provide to the Court a list of all persons who are known to the School District to be dropouts and who reside within the City of Amery.

Municipal Court powers. The Municipal Court may exercise any power or authority granted to municipal courts under Ch. 118 or Ch. 938, Wis. Stats., concerning truants, habitual truants, dropouts or school districts. Any such power or authority of the Court shall also be granted pursuant to this Code of Ordinances, by reference.

§ 270-7 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

Is a child who may be taken into custody pursuant to § 938.19, 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

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

§ 270-8 Purchase or possession of tobacco products and vapor products.

[Amended 6-5-2019 by Ord. No. 05-2019]

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

TOBACCO PRODUCTS

Any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, or dipping tobacco.

VAPOR PRODUCTS

Tobaccoless products commonly referred to as electronic cigarettes, e-cigarettes, e-cigars, e-cigarillos, e-pipes, e-hookahs, or electronic nicotine delivery systems, which allow users to simulate cigarette smoking. These products may be purchased by minors and are being marketed without age restrictions or health warnings and come in different flavors that appeal to young people.

The purpose of this section is to protect the public health, safety, and welfare of the property and persons in the City of Amery by prohibiting persons under the age of 21 years of age from possessing tobacco products, and vapor products, and prohibiting the sale of tobacco products and vapor products to persons under the age of 21 years of age.

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

Prohibition against sale of or availability of tobacco products and vapor products.

Prohibition. It shall be a violation of this section for any retailer to sell or give tobacco products or vaping products to any person under the age of 21 except as provided in § 254.92(2), Wis. Stats.

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

Vending machine requirement. The maintenance or keeping by retailers of vending machines dispensing tobacco products and vaping products within the City of Amery limits shall be in strict conformity with the requirements of § 134.66(2)(cm), Wis. Stats., the provisions of which are incorporated herein by reference.

Vending machine placement. No retailer shall place a vending machine dispensing tobacco products or vaping products within 500 feet of any school.

Restriction on manufacturers. No manufacturer, distributor, or retailer, or their employees or agents, may provide tobacco or vaping products for nominal or no consideration to any person under the age of 21.

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

Notice requirements. Retailers and vending machine operators shall comply with the posting and notice requirements as set forth at § 134.66(2)(b), Wis. Stats.

(6)

Conformity with state law. It is the intention of the City that this subsection shall conform strictly with § 134.66(2)(a), (b), (cm), and (d), Wis. Stats. Should any provision herein set forth fail to meet with this qualification upon court review, the offending provision shall be considered to be severed from the remainder of this section, which shall remain in full force and effect as if the offending provision were never adopted.

Prohibition against use and purchase of tobacco products and vaping products by persons underage.

Definitions. The definitions set forth at § 254.911, Wis. Stats., are incorporated herein by reference.

Purchase prohibitions. No person under the age of 21 years may do any of the following:

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

Buy or attempt to buy any tobacco or vaping products, except in accordance with § 254.92(2), Wis. Stats., whereby a person under 21 years of age may purchase or possess tobacco or vaping products for the sole purpose of resale in the course of employment, if employed by a retailer licensed under § 134.65(1). Wis. Stats.

Falsely represent any age to be older than 21 years for the purpose of purchasing or receiving any tobacco or vaping products.

(c)

Possess any tobacco or vaping product.

Seizure of tobacco or vaping product. A law enforcement officer in whose presence a violation of Subsection C(2) occurs shall seize any tobacco or vaping product involved therein.

Conformity with state law. It is the intention of the City that this subsection shall conform strictly with §§ 254.92 and 134.66 Wis. Stats. Should any provision herein set forth fail to meet with this qualification upon court review, the offending provision shall be considered to be severed from the remainder of this section, which shall remain in full force and effect as if the offending provision was never adopted.

PATTERN OF CRIMINAL GANG ACTIVITY

Sale exemption. A person under 21 years of age may purchase or possess tobacco or vaping products for the sole purpose of resale in the course of employment during work hours if employed by a retailer licensed under § 134.65(1), Wis. Stats.

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

§ 270-9 Smoking by minors on public property.

[Amended 6-5-2019 by Ord. No. 05-2019; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

No person under the age of 21 years shall carry or possess a lighted cigar, cigarette, pipe, vapor products 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 City of Amery.

§ 270-10 Criminal gang activity prohibited.

Authority. This section is adopted pursuant to the authority granted by § 66.0107 and Ch. 938, 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.

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

Chapter 154, Adult Entertainment and Establishments.

Chapter 163, Alcohol Beverages, Article II, Offenses.

Chapter 270, Juveniles.

Chapter 308, Noise.

Chapter 313, Nuisances.

(6)

Chapter 325, 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" 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.