City of Colby, WI Juveniles

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.

Whose employment makes it necessary to be upon the streets, alleys or public places or in any motor vehicle during such hours.

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)

At any time in the event of an emergency which would justify the reasonableness of the person's presence.

(f)

Who is engaged in interstate travel.

(g)

Who is accompanied by his/her parent, guardian or other adult person having legal custody of such minor;

(h)

Who is participating in, going to or returning from an activity involving the exercise of his/her rights protected under the First Amendment to the United States Constitution or any equivalent rights under the Wisconsin Constitution, including freedom of speech, the free exercise of religion and the right of assembly.

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.

Responsibility of operators of places of amusement. No person operating a place of amusement or entertainment within the City of Colby, or any agent, servant or employee of any such person, shall permit a person under 18 years of age to enter to enter or loiter in such place of amusement or entertainment between 11:00 p.m. and 5:00 a.m. the next day, unless such person under 18 years of age is accompanied by his/her parent, guardian or other adult person having legal custody of such person.

Responsibility of hotels, motels and rooming houses. No person operating a hotel, motel, lodging or rooming house within the City of Colby or any agent, servant or employee of such person, shall permit any person under 18 years of age to visit, wander or stroll in any portion of such hotel, motel, lodging or rooming house between 11:00 p.m. and 5:00 a.m. the next day, unless such person under 18 years of age is accompanied by his/her parent, guardian or other adult person having legal custody of such person.

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 18 to permit, or by ineffective control allow, such person to violate the provisions of Subsections A through D 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, legal 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. No person shall be liable under this subsection for a violation committed by a minor during any period when physical placement of such minor has been assigned exclusively to some other person by judgment or order of a court.

Detaining a juvenile. Pursuant to Ch. 938, Wis. Stats., law enforcement officers are hereby authorized to detain any juvenile violating the provisions of this section and immediately notify the parent, guardian or person having legal custody of the juvenile; the person so notified shall as soon as reasonably possible thereafter report to law enforcement authorities 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 legal guardians, persons having legal custody or control of the juvenile or relatives 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.

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

Warning and penalty.

Explanation opportunity prior to warning/citation issuance. Unless flight by the child or other circumstances makes it impracticable, a law enforcement officer shall, prior to issuing a citation or warning for an offense under this section, afford the child an opportunity to explain his/her reasons for being present in the public place. A law enforcement officer shall not issue a citation or warning for an offense under this section unless the officer reasonably believes than an offense has occurred, and that none of the exceptions provided in this section apply.

Warning. The first time a juvenile is detained by a law enforcement officer, as provided in Subsection F, such juvenile and the parent, legal guardian or person having legal custody of such juvenile 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)]

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 G(2) herein and who thereafter violates this section shall be subject to a penalty as provided in Chapter 1, Article I, § 1-3, General penalty, of the City Code. 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, be subject to Chapter 1, Article I, § 1-3, General penalty, of the City Code. Any juvenile violating this section shall be subject to disposition as provided in § 938.343, Wis. Stats., or any subsequent amendment, modification, revision, renumbering, recodification or addition or deletion of said provision.

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

§ 301-2 Possession of controlled substances.

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

§ 301-3 Petty theft.

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.

§ 301-4 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.

§ 301-5 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 Code 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 may be brought on behalf of the City of Colby 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.

Alcohol beverages. In addition to any other provision of the City of Colby Code of Ordinances, no juvenile 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. Any juveniles who shall violate the provisions of this Subsection E shall be subject to the same penalties as are provided in § 1-3, General penalty, of the Code of Ordinances, exclusive of the provisions therein relative to commitment in the County Jail.[1]

[1]

Editor's Note: Original § 11-5-6, Possession, manufacture and delivery of drug paraphernalia, of the 1995 Code, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 301-6 Truancy and dropouts.

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

ACCEPTABLE EXCUSE

Permission of the parent/guardian/legal custodian of the pupil, within limits of policies on truancy established by the school in which the pupil is enrolled. Except in emergencies or unforeseeable circumstances, such permission is expected to be communicated in writing from the parent/guardian/legal custodian to the school, prior to the absence. In emergencies or unforeseeable circumstances, such communication is expected to be as soon as practicable following the absence.

DROPOUT

A child who has ceased to attend school, does not attend a public or private school, technical college or home-based private educational program on a full-time basis, has not graduated from high school and does not have an acceptable excuse under § 118.15(1)(b) to (d) or (3), 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 or all of five or more days on which school is held during a school semester.

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.

Truancy. No person under 18 years of age shall be truant. Upon conviction thereof, the following dispositions are available to the court:

An order for the person to attend school.

A forfeiture of not more than $50 plus costs for a first violation, or a forfeiture of not more than $100 plus costs for any second subsequent violation committed within 12 months of a previous violation, subject to § 938.37, Wis. Stats., and subject to a maximum cumulative forfeiture 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.

Habitual truancy.

No person under 18 years of age shall be an habitual truant.

If the court determines that a person is an habitual truant, the court may order one or more of the following dispositions:

Suspension of the person's operating privilege for not less than 30 days nor more than one year. 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)]

An order for the person to participate in counseling or a supervised work program or other community service work as described in § 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.

An order for the person to remain at home except during hours in which the person 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 person to leave his/her home if the child is accompanied by a parent or guardian.

An order for the person to attend an educational program as described in § 38.34(7d), Wis. Stats.

(e)

An order for the Wisconsin Department of Work Force Development to revoke, under § 103.72, Wis. Stats, a permit under § 103.70, Wis. Stats., authorizing the employment of the person.

(f)

An order for the person to be placed in a teen court program as described in § 938.342(1g)(f), Wis. Stats.

(g)

An order for the person to attend school.

(h)

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 parents or guardian of the person, or both.

(i)

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

(j)

An order for 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.

(k)

Any other reasonable conditions consistent with this section, including a curfew, restrictions as to going to or remaining on specified premises and restrictions on associating with other children or adults.

Dropouts.

No person who is at least 16 years of age but is less than 18 years of age may be a dropout.

If the court determines that a person is at least 16 years of age but is 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 shall immediately take possession of any suspended license and forward it to the Wisconsin Department of Transportation, together with a notice stating the reason for and the duration of the suspension.

Dispositional orders and sanctions. The court is hereby authorized to exercise each and every kind of authority granted to courts under Wisconsin law. Specifically, the court is hereby authorized to exercise the authority granted to it in § 938.355, Wis. Stats., and is hereby authorized to exercise the authority granted it in § 938.355(6m), Wis. Stats.

Adopted terms. As used in this section, the terms "truant," "habitual truant," "operating privilege" and "dropout" have the meanings provided in § 118.163, Wis. Stats. Those definitions are hereby adopted and incorporated herein as if fully set forth. Any future amendment of any such definition is hereby adopted and is incorporated herein as if fully set forth as of the effective date of such future amendment.

Failure to cause a child to attend school regularly.

Unless the child is excepted or excused under § 118.15, Wis. Stats., or has graduated from high school, any person having under his/her control a child who is between the ages of six years and 18 years shall cause the child to attend school regularly during the full period and hours, religious holidays excepted, that the public or private school in which the child should be enrolled is in session until the end of the school term, quarter or semester of the school year in which the child becomes 18 years of age.

This subsection does not apply:

To a person who has under his/her control a child who has been sanctioned under § 49.26(1)(h), Wis. Stats.

To a person who proves that he/she is unable to comply with the requirements of this section because of the disobedience of the child, in which case the action shall be dismissed and the juvenile officer of law enforcement authority shall refer the case to the District Attorney's Office.

Unless evidence has been provided by the school attendance office that the activities under § 118.16(5), Wis. Stats., have been completed or were not required to be completed as provided in § 118.16(5m), Wis. Stats.

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 H(4), of a juvenile shall be subject to a forfeiture pursuant to § 1-3, General penalty, of the City Code.

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.

"Truancy" means 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, and also means intermittent attendance carried on for the purpose of defeating the intent of § 118.15, Wis. Stats.

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 years 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.

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 § 1-3, General penalty, of the City Code.

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.

§ 301-7 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.; or

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 § 946.71, 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. 48 or 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.

§ 301-8 Purchase or possession of tobacco, nicotine products or vaping paraphernalia.

Finding of facts; statement of purpose.

The purpose of this section is to protect the public health, safety and welfare of persons in the City of Colby by prohibiting persons under 18 years of age from possessing and/or using tobacco products or vapor products or devices, and prohibiting the sale of tobacco products and vapor products and devices to persons under 18 years of age.

Vaping devices and products provide an alternative smoking experience to tobacco products. The decline in cigarette smoking and the use of other tobacco products has resulted in an increase in the popularity of vaping devices and alternative nicotine delivery systems, particularly among minors.

Vaping devices and products often mimic conventional tobacco products in shape, color and size, with the user exhaling a smoke-like vapor similar in appearance to smoke exhaled when using tobacco products.

Persons under age 18 years of age are prohibited by law from purchasing or possessing cigarettes, cigars and other tobacco products, and retailers are prohibited from selling them to minors. Tobacco-less vaping devices and products allow a user to simulate smoking; such products currently may be purchased by minors and are marketed, unlike tobacco products, without health warnings, disclosure of nicotine concentrations, content levels of toxic substances or age restrictions, and often come in flavors that appeal to minors. Consumers have no way of knowing whether vapor devices and products are safe, what potentially harmful chemicals the products contain and what level of nicotine the products deliver.

(5)

The production of e-cigarettes, vapor products and vaping devices is not currently regulated by federal or state authorities, and the U.S. Food and Drug Administration (FDA) has not completed full testing of these products. Preliminary studies, however, have determined that e-cigarettes, vapor products and vapor devices can contain chemicals and substances known to be harmful, which may expose users and bystanders to potential health risks. The contents of cartridges used in vaping devices and products varies but often contain nicotine, traces of nicotine, formaldehyde, carcinogens, antifreeze and other toxic substances which may pose a health risk to users and bystanders.

(6)

Vapor devices and products have been found to emit nicotine, ultrafine particles, lead, acetaldehyde, nickel, chromium, volatile organic compounds and other toxins, which, when inhaled, can be dangerous to the user and public, especially pregnant women and children. Volatile organic compounds, such as benzene and formaldehyde, found in vaping liquids, as well as in tobacco products when smoked, are known carcinogens. Inhalation of vaporized nicotine in propylene glycol is not FDA-approved. Exposure to ultrafine particles may exacerbate respiratory illnesses, such as asthma. There have been incidents of electronic vapor devices exploding, causing serious harm to the user.

(7)

The nicotine and/or chemicals contained in the e-liquid used in vapor devices and products are undetectable unless the liquid is tested in a laboratory facility, making it difficult and impractical for law enforcement officers to ascertain the composition of the liquid used in a vaping device or product. Some cartridges used with vapor devices can be refilled with a liquid nicotine solution, creating the potential for exposure to dangerous nicotine concentrations.

(8)

Increased nicotine addiction among minors is a likely outcome from use of vaping devices and products, and may lead to users transitioning to tobacco products. After years of declining levels of tobacco use by minors, recent data indicates that tobacco use by minors is again increasing.

(9)

The use of vapor devices and products in smoke-free locations threatens to undermine compliance with state and local smoking regulations and conflicts with the progress which has been made in public understanding that smoking is not permitted in public places, schools and places of employment.

(10)

It is the intent of this section to protect the public health, safety and welfare by having consistent and uniform enforcement of smoke-free laws and ordinances by:

Reducing the potential for minors to associate the use of vaping products and devices with a normal or healthy lifestyle;

Reducing the potential for re-normalizing smoking of any type in public places and places of employment; and

PERSON WHO SELLS TOBACCO PRODUCTS AT RETAIL

Prohibiting the sale or distribution of vapor devices and products to minors.

(11)

The City of Colby Common Council determines that prohibiting the sale, furnishing or giving away of vapor devices and products to minors and prohibiting the possession, purchasing and use of such devices and products is in the public interest and will promote the public health, safety and welfare.

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

CIGARETTE

Has the meaning given in § 139.30(1m), Wis. Stats.

DISTRIBUTOR

A person specified under § 139.30(3) or 139.75(4), Wis. Stats.

E-LIQUID

A liquid product, whether or not it contains nicotine, that is intended to be vaporized and inhaled using a vapor product or device.

IDENTIFICATION CARD

A license containing a photograph issued under Ch. 343, Wis. Stats.; an identification card issued under § 343.50, Wis. Stats.

JOBBER

Has the meaning given in § 139.30(6), Wis. Stats.

LAW ENFORCEMENT OFFICER

Has the meaning given in § 30.50(4s), Wis. Stats.

MANUFACTURER

Any person specified under § 139.30(7) or 139.75(5), Wis. Stats.

MINOR

An individual who is less than 18 years of age.

NICOTINE PRODUCT

Has the meaning given in § 134.66(1)(f), Wis. Stats.

A person whose ordinary course of business consists, in whole or part, of the retail sale of tobacco products subject to the state sales tax.

PERSON WHO SELLS VAPOR PRODUCTS OR DEVICES AT RETAIL

A person whose ordinary course of business consists, in whole or part, of the retail sale of vapor products or devices.

POSSESSION OF A TOBACCO OR VAPING PRODUCT OR DEVICE

Either actual physical control of the tobacco or vaping product or device without necessarily owning that product/device, or the right to control the tobacco or vaping product/device even though the item is in a different place or room than where the person is physically located.

RETAILER

Any person licensed under § 134.65(1), Wis. Stats., in regard to tobacco products, or, in the case of vaping, any person offering for sale vaping-related products or devices.

SCHOOL

Has the meaning given in § 118.257(1)(d), Wis. Stats.

SUBJOBBER

Has the meaning given in § 139.75(11), Wis. Stats.

TOBACCO PRODUCTS

Has the meaning given in § 139.75(12), Wis. Stats.; and further means, but is not limited to, any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacco.

USE A TOBACCO OR VAPOR PRODUCT

To smoke, chew, suck, inhale or otherwise consume a tobacco product or vapor product.

VAPING

The use of an electronic or other device that creates an aerosol or vapor from a vapor product, in any manner or in any form, or the use of any oral vapor or smoking device.

VAPOR OR VAPING PRODUCT OR DEVICE

Any product or device containing or delivering nicotine, lobella or any other substance intended for human consumption that can be used by a person to simulate smoking through the delivery of nicotine or any other substance through inhalation of vapor from the product. Included are any devices, regardless of shape or size, which employ a mechanical heating element, battery or electronic circuit and that can be used to heat or dispense a liquid solution as a vapor which is intended for human consumption through inhalation. The term includes, but is not limited to, any device marketed as an e-cigarette, e-cigar, e-pipe, e-hookah, vape pen, vapes, tank systems, electronic nicotine delivery systems, electronic smoking device or under any similar product name or description. Such devices may be similar in appearance to tobacco cigarettes, cigars or pipes, while others may resemble pens, USB sticks or flash drives and other everyday items. Also includes any component part of such product or associated paraphernalia, whether or not sold separately, such as, but not limited to, any vapor cartridge, solution, or other container, that may or may not contain nicotine, that is intended to be used with a vaping device. Not included is any product that has been approved by the FDA for sale as a tobacco cessation product or is being marketed and sold solely for such approved purposes.

VENDING MACHINE

Has the meaning given in § 139.30(14), Wis. Stats.

VENDING MACHINE OPERATOR

Has the meaning given in § 139.30(15), Wis. Stats.

Prohibition against sale of or availability of cigarettes, tobacco products and nicotine products to minors. It shall be a violation of this section for any retailer to sell or give away any cigarettes, tobacco products or nicotine products to any person under the age of 18, except as provided in § 254.92(2), Wis. Stats. A vending machine operator is not liable for the purchase of cigarettes, tobacco products or nicotine products from his/her vending machine by a person under 18 years of age if the vending machine operator was unaware of the purchase.

Prohibited conduct.

Consistent with § 254.92, Wis. Stats., a minor shall not do any of the following:

Purchase or attempt to purchase a tobacco product, nicotine product or vaping device or product.

Possess or attempt to possess a tobacco product, nicotine product or vaping device or product.

Use a tobacco product, nicotine product or vaping device or product in a public place.

Present or offer to an individual a purported proof of age that is false, fraudulent or not actually his/her own proof of age for the purpose of purchasing, attempting to purchase, possessing or attempting to possess a tobacco product, nicotine product or vaping device or product.

No individual, regardless of age, who is enrolled in a public school may use, possess or attempt to possess a tobacco product, nicotine product or vaping device or product on school grounds and property.

Exceptions. Subsection D above does not apply to a minor participating in any of the following:

An undercover operation in which the minor purchases or receives a tobacco product, nicotine product or vapor product under the direction of a law enforcement agency as part of an enforcement action, unless the initial or contemporaneous purchase or receipt of the tobacco product, nicotine product or vapor product or device by the minor was not under the direction of a law enforcement agency and was not part of the undercover operation.

An undercover operation in which the minor purchases or receives a tobacco product, nicotine product or vapor product or device under the direction of the minor's employer and with the prior approval of the local prosecutor's office as part of an employer-sponsored enforcement action.

Compliance checks in which the minor attempts to purchase tobacco products for the purpose of satisfying federal substance abuse block grant youth tobacco access requirements, if the compliance checks are conducted with the prior approval of a law enforcement agency.

A minor may possess or handle a tobacco product, nicotine product or vapor device or product for the sole purpose of resale in the course of employment during his/her normal working hours if employed by a retailer licensed under § 134.65(1), Wis. Stats.

Defense of retailers.

Proof of all the following facts by a retailer who sells tobacco products, nicotine products or vapor devices or products to a minor is a defense to any prosecution for a violation of Subsection D above:

That the purchaser falsely represented that he/she had attained the age of 18 and presented a fraudulent identification card.

That the sale was made in good faith, in reasonable reliance on the identification card and appearance of the purchaser and in the belief that the purchaser had attained the age of 18.

A retailer or vending machine operator shall post a sign(s) in areas within his/her retail premises where tobacco products, nicotine products or vapor products or devices are sold to consumers stating that the sale of any tobacco product, nicotine product or vapor product or device to a person under the age of 18 is unlawful under this section or comparable state laws.

Furnishing to minors. Consistent with the requirements of § 134.66, Wis. Stats.:

No person shall sell, furnish or give any tobacco product, nicotine product or vapor product or device to a minor, including, but not limited to, through a vending machine.

Before selling, offering for sale, giving or furnishing a tobacco product, nicotine product or vapor product or device to an individual, such person shall verify that the individual is at least 18 years of age by doing one of the following:

Examining a government-issued photographic identification that establishes that the individual is at least 18 years of age.

For sales made through the internet or other remote sales method, performing an age verification through an independent, third-party age verification service that compares information available from a commercially available database, or aggregate of databases, that is regularly used by government agencies and businesses for the purpose of age and identity verification of the personal information entered by the individual during the ordering process that establishes that the individual is 18 years of age or older.

PATTERN OF CRIMINAL GANG ACTIVITY

No manufacturer, distributor, jobber, subjobber or retailer, or their employees or agents, may provide cigarettes, tobacco products, nicotine products or vapor devices or products for nominal or no consideration to any person under the age of 18.

Seizure of products. A law enforcement officer may seize any tobacco product, nicotine product or vapor device or product involved in any violation of this section committed in his/her presence.

Penalties. Any person who violates the provisions of this section shall be subject to the penalties set forth in § 1-3, General penalty, of this Code of Ordinances, except that where a minor is adjudged to have violated this section, the court is also authorized to impose any of the dispositions in §§ 938.343 and 938.344, Wis. Stats.

§ 301-9 Criminal gang activity.

Authority. This section is adopted pursuant to the authority granted by Ch. 948, Wis. Stats., and § 941.38, Wis. Stats.

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

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., the list of offenses in Subsections (a) to (s) of that section, or in any of the Municipal Code sections in this chapter or Chapter 290, Article II, pertaining to alcohol beverage offenses; Chapter 334, Public Nuisances; or Chapter 354, Peace and Good Order, of the Code of Ordinances.

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" in Subsection B 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.

It is unlawful for any person to solicit or attempt to solicit a person who has not attained the age of 18 years to join a criminal gang.

§ 301-10 Parental responsibility for juvenile misconduct.

Purpose. This section is intended to reduce the incidents of misconduct by juveniles or underage persons by requiring proper supervision on the part of custodial parents.

Prohibited conduct. Every custodial parent has the duty to properly supervise his/her child. It shall be unlawful for any custodial parent to fail to properly supervise his/her child. Proof of a child's conviction of a City of Colby ordinance violation, a violation of a state statute that occurred in the City of Colby, or any combination thereof, twice within a six-month period or three or more times within a twelve-month period shall be prima facie evidence that the custodial parent is guilty of failing to properly supervise the child. A child's traffic offenses shall not be considered under this section except for alcohol- and drug-related offenses, reckless driving and traffic crimes. The six-month and twelve-month periods shall be measured from the date of the first violation.

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

CHILD

A person under the age of 18 years.

CUSTODIAL PARENT

A parent of a minor child who has custody of the child; that is, the parent who has responsibility for caring for and supervising the child at the time the child's ordinance violations occurred.

CUSTODY

Either physical custody of a child under a court order under § 767.225 or 767.41, Wis. Stats., custody of a child under a stipulation under § 767.34, Wis. Stats, or actual physical custody of the child. "Custody" does not include legal custody, as defined under § 48.02(12), Wis. Stats., by an agency or a person other than a child's birth or adoptive parent. In determining which parent has custody of a child for purposes of this section, the court shall consider which parent had responsibility for caring for and supervising the child at the time that the child's ordinance violations occurred.

Defenses.

The following shall be defenses to a violation of Subsection B:

Where the parent can provide specific evidence of ongoing participation in, or recent completion of, parenting classes, family therapy, group counseling or AODA counseling which includes the parent or child in question;

Where the parent reported the act(s) to the appropriate authorities;

Where the parent has made all reasonable and available efforts under the circumstances to prevent the juvenile misconduct;

Where the parent is not legally responsible for the supervision of the juvenile at the time the misconduct occurred; or

(e)

Where the parent has a physical or mental disability or incompetency rendering him/her incapable of supervising the juvenile at the time the misconduct occurred.