[Adopted 8-5-1997 by Ord. No. 97-1461 as
Secs. 10.17, 10.18, 10.36, 10.43, 10.50, 10.61 and 10.62 of the 1997
Code]
It is hereby declared that the publication,
sale and distribution to minors of comic books devoted to crime, sex,
horror, terror, brutality and violence; and of "pocket books," photographs,
pamphlets, magazines and pornographic films devoted to the presentation
and exploration of illicit sexual conduct, lust, depravity, brutality,
nudity and immorality are a contributing factor to juvenile crime,
a basic factor in impairing the moral development of youth in the
community and a clear and present danger to the people of the City.
Therefore, the provisions hereinafter prescribed are enacted, and
their necessity in the public interest is hereby declared as a matter
of legislative determination.
A.
HARMFUL TO MINORS --
KNOWINGLY
(1)
(2)
MINOR
NUDITY
SEXUAL CONDUCT
(1)
(2)
SEXUAL EXCITEMENT
Definitions. As used in this section, the following
terms shall have the meanings indicated:
That quality of any description or representation, in whatever
form, of nudity, sexual conduct or sexual excitement, where it:
Having general knowledge of, or reason to know, or a belief
or ground for belief which warrants further inspection or inquiry
of both:
The character and content of any material described
herein which is reasonably susceptible of examination by the defendant.
The age of a minor; provided, however, that
an honest mistake shall constitute an excuse from liability hereunder
if the defendant made a reasonable bona fide attempt to ascertain
the true age of such minor.
Any person under the age of 18 years.
The showing of the human male or female genitals, pubic area
or buttocks with less than a full opaque covering, or the showing
of the female breast with less than a fully opaque covering of any
portion thereof below the top of the nipple, or the depiction of covered
male genitals in a discernibly turgid state.
Acts of masturbation, homosexuality, sexual
intercourse or physical contact with a person's clothed or unclothed
genitals, pubic area, buttocks or the breast of a female.
Includes poses or presentations of person or
persons over the age of puberty depicted in such a manner as to appeal
to the lust of minors; or such a pose or presentation of a person
or persons when shown in such a posture or manner that the viewers'
attention or concentration is primarily focused on that person's or
persons' genitals, pubic area, buttocks or female breasts and which
would appeal to the lust of minors or to their curiosity as to sex
or to the anatomical differences between the sexes and which are to
be distinguished from the flat and actual presentation of the facts,
causes, functions or purposes of the subject of the writing or presentation,
such as to be found in a bona fide medical or biological textbook.
The condition of human male or female genitals when in a
state of sexual excitement or arousal.
B.
No person shall knowingly sell, give away, display
or loan to a minor:
(1)
Any picture, photograph, drawing, sculpture, motion-picture
film or similar visual presentation or image of a person or portion
of the human body which depicts nudity or sexual conduct and which
is harmful to minors.
(2)
Any book, pamphlet, magazine, printed matter, however reproduced, or sound recording which contains any matter enumerated in Subsection B(1) hereof, or explicit and detailed verbal descriptions or narrative accounts of sexual excitement or sexual conduct, and which, taken as a whole, is harmful to minors.
C.
No person shall knowingly exhibit for a monetary consideration
to a minor or knowingly sell to a minor an admission ticket or pass
or knowingly admit a minor for a monetary consideration to premises
whereon there is exhibited a motion picture, show or other presentation
which, in whole or in part, depicts nudity or sexual conduct and which
is harmful to minors.
D.
No person shall knowingly exhibit a motion picture
show or other presentation which in whole or in part depicts nudity
or sexual conduct and which is harmful to minors that can be viewed
by minors outside the premises on which such motion picture show or
presentation is being exhibited.
A.
Prohibition.
(1)
Violation by youth. No child under the age of 17 years
shall loiter or remain in any of the following listed places in the
City between 11:00 p.m. and 5:00 a.m. the next day, unless such child
is accompanied by a parent, guardian or other adult with legal custody
of such child:
(2)
Parental violation. No parent, guardian or other person
having legal custody of a child under the age of 17 years shall permit
such child to loiter or remain upon any street, alley or other place
open to the public in the City between 11:00 p.m. and 5:00 a.m. the
next day, unless such child is accompanied by his or her parent, guardian
or other adult having legal custody of such child.
(3)
Operators of places open to public. No person operating
a place open to the public within the City or any agent, servant or
employee of such person shall permit a child under the age of 17 years
to enter, remain in or loiter in such place between 11:00 p.m. and
5:00 a.m. the next day, unless such child is accompanied by his or
her parent, guardian or other adult having legal custody of such child.
(4)
Exceptions.
(a)
This section shall not apply to a child under
age 17 under the following conditions:
[1]
Who, with a written note, is performing an errand
as directed by his or her parent, guardian or person having legal
custody;
[2]
Who is on his or her own premises or in. the
areas immediately adjacent thereto;
[3]
Whose employment makes it necessary to be upon
the streets, alleys or places open to the public or in any motor vehicle
during such hours; or
[4]
Who is returning home by a direct route from
a supervised school, church, recreation or civic function.
(b)
These exceptions shall not, however, permit
a child to unnecessarily loiter about the streets, alleys or places
open to the public or be in a parked motor vehicle on the public streets.
B.
Apprehending a child.
(1)
Duties of law enforcement officer. A child believed
to be violating the provisions of this section shall be taken into
protective custody by the law enforcement officer. Any law enforcement
officer may hold any child violating this section until such time
as the parent, guardian or other adult having legal custody of the
child has been immediately notified, the person so notified has reported
to the Police Department for the purpose of taking the child into
custody and has signed a release for the child or has made other acceptable
arrangements for the release of the child with the law enforcement
officer.
(2)
Notice of violation to the parties concerned. The
first time a child is apprehended by law enforcement officers as provided
herein, the parent, guardian or person having legal custody shall
be advised as to the provisions of this section. Any violation of
this section occurring thereafter by this child or any other child
under such adult care or custody shall result in a penalty being imposed
as provided in this section. No warning need be given to operators
of places open to the public.
C.
Penalty.
(2)
Operators of places open to the public. Any person who operates a place open to the public who knowingly allows a child to violate this section shall be subject to the penalties in Chapter 1, General Provisions, § 1-19. Each child on the premises in violation of this section shall be a separate violation.
(3)
Chapter 48. Nothing contained herein prohibits or
restricts the application of the provisions of Ch. 48, Wis. Stats.
to a child and parent, guardian or person with legal custody.
A parent or guardian has the duty and the responsibility to control his or her minor child's behavior so that the person or property of another shall not be injured or damaged. Any parent or guardian having legal custody of an unemancipated minor child and has knowledge or should have knowledge of the child's habitual, mischievous, willful or wanton acts or of his or her willful disregard of the rights of others, and such minor child commits any willful, malicious or wanton act or acts on the person or property of another which results in injury or damage to the person or property of such other person, shall pay a forfeiture as provided in Chapter 1, General Provisions, § 1-19.
[Amended 12-15-1998 by Ord. No. 98-1526]
Section 948.63, Wis. Stats., and as amended
from time to time, is hereby adopted by reference and made a part
of this chapter as if fully set forth herein.
No person under the age 18 years shall possess a device or container that contains a combination of oleoresin of capsicum and inert ingredients but does not contain any other gas or substance that will cause bodily discomfort. Any person violating the provisions of this section shall be subject to the penalties set forth under Chapter 1, General Provisions, § 1-19.
[Amended 12-15-1998 by Ord. No. 98-1526; 6-20-2006 by Ord. No. 2006-1879]
A.
ACCEPTABLE EXCUSE
ACTS OF COMMISSION OR OMISSION
HABITUAL TRUANT
TRUANCY
TRUANT
Definitions. For the purposes of this section, the
following terms shall have the meanings indicated:
As defined in §§ 118.15 and 118.16(4), Wis.
Stats.
Anything that contributes to the truancy of a child, whether
or not the child 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.
A pupil who is absent from school without an acceptable excuse
under sub. (4)[1] and § 118.15 for part or all of five or more
days on which school is held during a school semester.
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 guardian of the absent pupil; intermittent attendance carried on
for the purpose of defeating the intent of § 118.15, Wis.
Stats. shall also be considered truancy.
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.
[1]
Editor's Note: See § 118.16(4),
Wis. Stats.
B.
Prohibition against being habitual truant.
(1)
Any person attending school in the City of Franklin
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.
(2)
Preconditions to issuance of citation.
(a)
Prior to the issuance of any citation, the school
attendance officer of the appropriate school district shall provide
evidence to the Franklin Police Department that appropriate school
personnel in the school in which the child is enrolled have, within
the school year during which the truancy occurred:
[1]
Met with, or attempted to meet with and received
no response or were refused, the child's parent or guardian to discuss
the child's truancy.
[2]
Provided an opportunity for educational counseling
for the child and considered curriculum modifications.
[3]
Evaluated the child to determine whether learning
problems are the cause of the truancy and, if so, taken steps to overcome
the learning problems, except that the child need not be evaluated
if tests administered to the child within the previous year indicate
that the child is performing at his or her grade level.
[4]
Conducted an evaluation to determine whether
social problems are the cause of the child's truancy and, if so, taken
appropriate action or made appropriate referrals.
(b)
Subsection B(2)(a)[2], [3] and [4] above do not apply if the school attendance officer provides evidence that appropriate school personnel were unable to carry out the activity due to the child's absences from school.
(3)
Findings and disposition. If the court finds that
a person under 18 years of age violated this section, the court shall
enter an order making one or more of the following dispositions:
(a)
Suspend the person's operating privilege, as
defined in § 340.01(40), Wis. Stats., for not less than
30 days nor more than 90 days. The court shall immediately take possession
of the suspended license and forward it to the Department of Transportation,
together with a notice stating the reason for and duration of the
suspension.
(b)
Order the person to participate in counseling
or a supervised work program or other community service work under
§ 938.34(5g), Wis. Stats.
(c)
Order 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 or her home if the person is accompanied by a parent or guardian.
(d)
Order the person to attend an educational program
under § 938.34(7d), Wis. Stats.
(e)
Order the Department of Industry, Labor and
Job Development to revoke, under § 103.72, Wis. Stats.,
a permit under § 103.70, Wis. Stats., authorizing the employment
of the person.
(f)
Order the person to be placed in a teen court
program if all of the following conditions apply:
[1]
The Chief Judge of the judicial administrative
district has approved a teen court program established in the person's
county of residence, and the judge determines that participation in
the teen court program will likely benefit the person and the community.
[2]
The person admits or pleads no contest in open
court, with the person's parent, guardian or legal custodian present,
to the allegations that the person violated this section.
[3]
The person has not successfully completed participation
in a teen court program during the two years before the date of the
alleged ordinance violation.
(4)
Counseling.
(a)
If the court finds that the person violated this section, the court may, in addition to or instead of the dispositions under Subsection B(3) above, 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.
(b)
No order to any parent, guardian or legal custodian under Subsection B(4)(a) above may be entered until the parent, guardian or legal custodian is given an opportunity to be heard on the contemplated order of the court. The court shall cause notice of the time, place and purpose of the hearing to be served on the parent, guardian or legal custodian personally at least 10 days before the date of the hearing. The procedure in these cases shall, as far as practicable, be the same as in other cases to the court. At the hearing, the parent, guardian or legal custodian may be represented by counsel and may produce and cross-examine witnesses. Any parent, guardian or legal custodian who fails to comply with any order issued by a court under Subsection B(4)(a) may be proceeded against for contempt of court.
C.
Dropouts.
(1)
Except as provided in Subsection C(2) below, if the court finds that a person under 18 years of age is subject to this section and is a dropout, as defined under § 118.153(1)(b), Wis. Stats., the court shall enter an order suspending the person's operating privilege, as defined in § 340.01(40), Wis. Stats., until the person reaches the age of 18.
(2)
The court may enter an order making any of the dispositions specified under Subsection B(3) above if the court finds that suspension of the person's operating privilege, as defined in § 340.01(40), Wis. Stats., until the person reaches the age of 18 would cause an undue hardship to the person or the juvenile's family.
D.
Prohibition against being a truant.
(1)
A person under 18 years of age is prohibited from
being a truant as defined above.
(2)
If the court finds that a person under the age of
18 has violated this section, the court shall enter an order making
one or more of the following dispositions:
(a)
An order for the person to attend school.
(b)
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 or subsequent violation committed within 12 months
of a previous violation, subject to § 938.37 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.
(c)
An order for the person to report to a youth
report center after school, in the evening, on weekends, on other
nonschool days, or at any other time that the person is not under
immediate adult supervision, for participation in the social, behavioral,
academic, community service, and other programming of the center as
described in § 938.342(1d)(c).
E.
Required school attendance.
(1)
Any person having under his or her control a child
who is between the ages of six and 18, subject to the exceptions found
in § 118.15, Wis. Stats., shall cause the child to attend
school regularly during the full period and hours that the public
or private school in which the child shall 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.
(2)
Exceptions:
(a)
A person will not be found in violation of this
section if that person can prove that he or she is unable to comply
with the provisions of this section because of the disobedience of
the child. The child shall be referred to the court assigned to exercise
jurisdiction under Ch. 48 and/or Ch. 938, Wis. Stats.
(b)
A person will not be found in violation of this
section if he or she has a child under his or her control and the
child has been sanctioned under § 49.26(1)(h), Wis. Stats.
(3)
Proof required for exacting a penalty. Before a person may be found guilty of violating this Subsection E, 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 subsection, a forfeiture may be assessed pursuant to Chapter 1, General Provisions, § 1-19.
F.
Contributing to truancy.
(1)
A person 17 years of age or older is hereby prohibited
from performing any act of commission or omission, which act encourages
or contributes to a child's truancy from school.
(2)
Exceptions. This subsection does not apply to a person
who has under his or her control a child who has been sanctioned under
the provisions of § 49.26(1)(h), Wis. Stats.
G.
Any police officer in this City is authorized to issue
a citation to any such person who is determined to be truant or a
habitual truant under the terms of this section.
H.
Form of citation. Any citation issued shall be returnable
in the Franklin Municipal 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, and no forfeiture amount is to be
written on the face of the citation.
I.
References to statutes. References to specific statutory
sections whenever used in this section shall mean the 2003 - 2004
Edition of the Wisconsin Statutes as from time to time may be amended,
modified, repealed or otherwise altered by the State Legislature.
[Added 8-19-2008 by Ord. No. 2008-1953]
Excepting for conduct regulated by § 158-1 or § 183-71C of this Code, any person who does any of the following is guilty of a violation of this chapter:
A.
Intentionally carries an official identification card
not legally issued to him or her, an official identification card
obtained under false pretenses or an official identification card
which has been altered or duplicated to convey false information.
B.
Makes, alters or duplicates an official identification
card purporting to show false information.
C.
Presents false information to an issuing officer in
applying for an official identification card.
D.
Intentionally carries an official identification card
or other documentation, with knowledge that the official identification
card or documentation is false.
