[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. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
HARMFUL TO MINORS --
That quality of any description or representation, in whatever form, of nudity, sexual conduct or sexual excitement, where it:
(1) 
Predominantly appeals to the prurient or morbid interest of minors.
(2) 
Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors.
(3) 
Is without redeeming social importance for minors.
KNOWINGLY
Having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both:
(1) 
The character and content of any material described herein which is reasonably susceptible of examination by the defendant.
(2) 
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.
MINOR
Any person under the age of 18 years.
NUDITY
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.
SEXUAL CONDUCT
(1) 
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.
(2) 
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.
SEXUAL EXCITEMENT
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:
(a) 
Street, alley or publicly owned property.
(b) 
Any place open to the public.
(c) 
Property not owned or occupied by the child's parents, guardian or other adult with legal custody of the child, unless the child has the permission of the owner or occupant of the property.
(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.
(1) 
Child and parents. Any child under the age of 17 and any parent, guardian or adult with legal custody after having received one warning within the last five years who commits another violation shall be subject to the penalties in Chapter 1, General Provisions, § 1-19.
(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. 
The following persons may be penalized under Chapter 1, General Provisions, § 1-19:
(1) 
Any person 18 or older who intentionally encourages or contributes to the delinquency or neglect of any child; or
(2) 
Any parent, guardian or legal custodian who by neglect or disregard of the morals, health or welfare of his or her child contributes to the delinquency of that child.
B. 
An act or failure to act contributes to the delinquency or neglect of a child, although the child does not actually become neglected or delinquent, if the natural and probable consequences of that act or failure to act would be to cause the child to become delinquent or neglected.
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.
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. 
Definitions. For the purposes of this section, the following terms shall have the meanings indicated:
ACCEPTABLE EXCUSE
As defined in §§ 118.15 and 118.16(4), Wis. Stats.
ACTS OF COMMISSION OR OMISSION
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.
HABITUAL 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.
TRUANCY
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.
TRUANT
A pupil who is absent from school without an acceptable excuse under §§ 118.15 and 118.16, Wis. Stats.(4) , 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.