A.
Curfew established. It shall be unlawful for any person age 16 or under to be on foot, bicycle or in any type of vehicle on 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 Village of Reeseville between the hours of 10:00 p.m. and 6:00 a.m. the next day, 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 juvenile, 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 juvenile is there unlawfully and that no reasonable excuse exists therefor.
B.
Exceptions.
(1)
This section shall not apply to a juvenile:
(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 juvenile 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 age 16 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, 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, 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 person age 16 or under to violate this section.
D.
Taking a juvenile into custody.
(1)
Every law enforcement officer while on duty is hereby authorized to take into custody any juvenile violating the provisions of Subsection A above. Juveniles taken into custody shall be released from custody as soon as is reasonably possible. A person taking a juvenile into custody shall make every effort immediately to release the juvenile to the juvenile's parent, guardian, or legal custodian or, if the parent, guardian, or legal custodian is unavailable, unwilling, or unable to provide supervision for the juvenile, may release the juvenile to a responsible adult and verbally counsel or warn as may be appropriate or, in the case of a runaway juvenile, may release the juvenile to a home authorized under § 48.227 of the Wisconsin Statutes. The parent, guardian, legal custodian, or other responsible adult to whom the juvenile is released shall sign a release for the juvenile.
(2)
If the juvenile is not released under this subsection, the officer shall deliver the juvenile to the Dodge County Juvenile Court intake worker in a manner determined by the Court and law enforcement agencies, stating in writing with supporting facts the reasons why the juvenile was taken into physical custody and giving any juvenile 12 years of age or older a copy of the statement in addition to giving a copy to the intake worker. A juvenile violating these curfews regularly may be warned by an officer on duty in his discretion and sent home in lieu of taking the juvenile into custody.
(3)
If the juvenile is believed to be suffering from a serious physical condition which requires either prompt diagnosis or prompt treatment, the officer shall take such action as is required under § 48.20(4), Wis. Stats. If the juvenile is believed to be mentally ill, drug-dependent, or developmentally disabled and exhibits conduct which constitutes a substantial risk of physical harm to the juvenile or to others, the officer shall take such action as is required under § 48.20(5), Wis. Stats. If the juvenile is believed to be an intoxicated person who has threatened, attempted, or inflicted physical harm on himself or herself or on another and is likely to inflict such physical harm unless committed or is incapacitated by alcohol, the officer shall take such action as is required under § 48.20(6), Wis. Stats.
E.
Warning and penalty.
(1)
Warning. The first time a parent, guardian, or person having legal custody of a juvenile who is taken into custody by a law enforcement officer as provided in Subsection D above, such parent, guardian, or person having such 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.
(2)
Penalty. Any parent, 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 § 1-2, General penalty, 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 Chapter 48, Wis. Stats. Any juvenile person 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.[1]