[HISTORY: Adopted by the Village Board of the Village of
Bear Creek at time of adoption of Code (see Ch. 1, General Provisions,
Art. II). Amendments noted where applicable.]
A.
Curfew established.
(1)
It shall be unlawful for any person 15 years of age and under to
be on foot, bicycle, or in any type of vehicle on any public street,
avenue, highway, road, alley, park, school grounds, swimming beach,
cemetery, playground, public building or any other public place in
the Village between the hours of 10:00 p.m. and 6:00 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.
(2)
It shall be unlawful for any person 16 and 17 years of age to be
on foot, bicycle, or in any type of vehicle on any public street,
avenue, highway, road, alley, park, school grounds, swimming beach,
cemetery, playground, public building or any other public place in
the Village between the hours of 11:00 p.m. and 6:00 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.
(3)
It
shall be unlawful for any child between the age of six years and 18
years, who is required under § 118.15, Wis. Stats., to be
in attendance at school, to be on foot, bicycle or in any type of
vehicle on any public street, avenue, highway, road, alley, park,
school grounds, swimming beach, cemetery, public building, playground
or any other public place in the Village during the full period and
hours, religious holidays excepted, that the public or private school
in which the student should be enrolled is in session as defined under
§ 118.15, Wis. Stats., 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 a 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 the child
is there unlawfully and that no reasonable excuse exists therefor.
(a)
Exceptions. This subsection shall not apply to a child if:
[1]
The child is enrolled in an approved graduation program or high school
equivalency program and the student, his parent or guardian, the school
board and a representative of the school equivalency program have
entered into a written agreement that will lead to the student's graduation.
(b)
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.
B.
Exceptions.
(1)
This section 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.
(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.
It shall be unlawful for any parent, guardian, or other person having the lawful care, custody and control of any person under 18 years of age to allow or permit such person to violate the provisions of Subsections A and 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 County Sheriff's Office shall not be considered to have allowed or permitted any person under 18 years of age to violate this section.
D.
It shall be unlawful for any person, firm or organization operating
or in charge of any place of amusement, entertainment, refreshment
or other place of business to permit any minor under 18 years of age
to loiter, loaf, or idle in such place during the hours prohibited
by this section. Whenever the owner or person in charge or in control
of any place of amusement, entertainment, refreshment or other place
of business during the hours prohibited by this section shall find
persons under 18 years of age loitering, loafing, or idling in such
place of business, he shall immediately order such person to leave,
and if such person refuses to leave said place of business, the operator
shall immediately notify the County Sheriff's Office and inform it
of the violation.
E.
Every law enforcement officer is hereby authorized to detain any
minor violating the provisions above until such time as the parent,
guardian or person having legal custody of the minor shall be immediately
notified, and the person so notified shall, as soon as reasonably
possible thereafter, report to the County Sheriff's Office for the
purpose of taking the custody of the minor and shall sign a release
for him or her. If no response is received, the County Sheriff's Office
shall take whatever action is deemed necessary in the best interest
of the minor.
F.
The first time a minor is detained by a law enforcement officer of the Village, as provided in Subsection E, such minor and the parent, guardian, or person having legal custody of such minor shall be advised, personally, if known, or by registered mail, as to the provisions of this section and further advised that any violation of this section occurring thereafter by such minor or any other minor under the care of such parent, guardian or person having legal custody shall result in a penalty being imposed as hereinafter provided.
G.
Violations and penalties.
(1)
Any parent, guardian or person having legal custody of a child described in Subsections A through E who has been warned in the manner provided in Subsection F and who thereafter violates any of the provisions of this section shall be subject to a penalty as provided in § 1-4, General penalty, of this 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 child, the action shall be dismissed and the child shall be referred to the court assigned to exercise jurisdiction under Ch. 48, Wis. Stats.
It shall be unlawful for any person under the age of 18 to possess
a controlled substance contrary to the Uniformed Controlled Substances
Act, Ch. 961, Wis. Stats.
It shall be unlawful for any person under the age of 18, 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.
It shall be unlawful for a person under the age of 18 to intentionally
receive or conceal property he knows to be stolen.
A.
Adoption of state statute. Section 938.17(2), Wis. Stats., is hereby
adopted and by reference made a part of this section as if fully set
forth herein.
B.
Provisions of Code applicable to persons 14 through 17 years of age.
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 persons 14 through 17 years of age may
be brought on behalf of the Village and may be prosecuted utilizing
the same procedures, in such cases, as are applicable to adults charged
with the same offense.
C.
No incarceration as penalty. The court shall not impose incarceration
as a penalty for any person convicted of an offense prosecuted under
this section.
D.
Additional prohibited acts. In addition to any other provision of
the Village Code of Ordinances, no person age 14 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.
E.
Penalty for violations of Subsection D. Any person 14 through 17 years of age who shall violate the provisions of Subsection D shall be subject to the same penalties as are provided in § 1-4, General penalty, of this Code, exclusive of the provisions therein relative to commitment in the county jail.
A.
CIGARETTE
LAW ENFORCEMENT OFFICER
TOBACCO PRODUCTS
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any roll of tobacco wrapped in paper of any substance other
than tobacco.
Any person employed by the state or any other political subdivision
of the state for the purpose of detecting and preventing crime and
enforcing laws or ordinances and who is authorized to make arrests
for violations of the laws or ordinances he is employed to enforce.
Cigars; cheroots; stogies; periques; granulated, plug-cut,
crimp-cut, ready-rubbed and other smoking tobacco; snuff flour; cavendish;
pulp and twist tobacco; fine-cut and other chewing tobaccos; shorts;
refuse scraps, clippings, cuttings and sweepings of tobacco; and other
kind and form of tobacco prepared in such manner as to be suitable
for chewing and smoking in a pipe or otherwise, or both for chewing
and smoking, but "tobacco products" does not include cigarettes, as
defined above.
B.
Except as provided in Subsection C, no person who is less than 18 years of age may do any of the following:
C.
A child may purchase or possess cigarettes or tobacco products for
the sole purpose of resale in the course of employment during his
or her working hours if employed by a retailer licensed under § 134.65(1),
Wis. Stats.
A.
Citation process. For violations of §§ 212-2 through 212-6, juveniles may be cited by the citation process on a form approved by the Village Attorney which shall contain on the reverse side the penalties that the juvenile may receive simultaneously with issuing the citation to the juvenile. A copy will be mailed to the parent or legal guardian.
B.
Penalties. Violations of §§ 212-2 through 212-6 by a person under the age of 18 years shall be punishable according to §§ 938.17(2), 938.343, 938.344 and 938.345, Wis. Stats. Nothing in this section shall prevent the juvenile officer, in his discretion, from referring cases directly to the District Attorney's office.
A.
Purpose. The purpose of this section is to reduce the incidents of
misconduct by juveniles by requiring proper supervision on the part
of the custodial parents.
B.
CHILD
CUSTODIAL PARENT
CUSTODY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A person under the age of 18 years.
A parent of a minor child who has custody of such child.
Either physical custody of a child under a court order under
§§ 767.225 and 767.41, Wis. Stats., or actual physical
custody of the child. "Custody" does not mean legal custody, as defined
under § 48.02(12), Wis. Stats., or 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 has responsibility for caring for and
supervising the child at the time that the child's ordinance violations
occurred.
C.
Prohibited conduct. Every custodial parent has a duty to properly
supervise his or her child. Any custodial parent whose child is convicted
of a Bear Creek Municipal Code violation twice in a six-month period
or three or more times within a twelve-month period is guilty of failing
to properly supervise said child. The six- and twelve-month periods
shall be measured from the date of the initial violation.
