[HISTORY: Adopted by the Village Board of the Village of
Birnamwood as indicated in article histories. Amendments noted where
applicable.]
[Adopted 3-22-2021 by Ord. No. 21-03-22]
It is the purpose of this article to discourage individuals
under the age of 18 from nighttime activities during the hours defined
within this article.
As used in this article, the following terms shall have the
meanings indicated:
11:00 p.m. until 6:00 a.m. the following day, each day of
the week.
Any person under 18 years of age.
A person who is:
Any place to which the public has access and includes, but
is not limited to, streets, highways and the common areas of school,
hospitals, apartment houses, office buildings, and shops.
It shall be unlawful for any person under 18 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. each day
unless accompanied by their parent or guardian or person having lawful
custody and control of the minor, or unless there exists a reasonable
necessity therefor. The fact such minor, 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 the minor is there unlawfully and that no reasonable
excuse exists therefor.
This article shall not apply to a minor who is performing an
errand as directed by his parent, guardian or person having lawful
custody; who is on his 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;
or who is returning home within 1/2 hour from the completion of a
supervised school, church, civic function, sporting event or place
of public entertainment.
The first time a minor is detained by a law enforcement officer of the Village, such minor, parent, guardian or person having such legal custody shall be advised, personally, if known, or by registered mail, as to the provisions of this article, and such parent, guardian or person having legal custody of a minor shall be further advised that any violation of this article occurring thereafter by this minor or any other minor under his care or custody shall result in a penalty being imposed as provided in § 126-6.
Any minor described in § 126-3 who has been warned in the manner provided in § 126-5 and who thereafter violates any of the provisions of this curfew is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is subject to the following penalties:
[Adopted 3-22-2021 by Ord. No. 21-03-22]
Any minor under the age of 18 years who is subject to school
attendance and who is absent from school without an acceptable excuse
under §§ 118.15 and 118.16(4), Wis. Stats., (compulsory
school attendance) for part or all of any day on which school is held
during a semester shall be deemed truant and in violation of this
article.
As used in this article, the following terms shall have the
meanings indicated:
Permission of the parent/guardian/legal custodian of a 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.
A.
Any minor who violates any of the provisions within § 126-7 is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is subject to the following penalties.
