[Amended 7-6-1994 by Ord. No. 93-O-4]
A. Definition. When used in this section the term "juvenile"
shall mean a person 17 years of age or under.
B. Curfew hours. It shall be unlawful for any juvenile
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 5:00 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 juvenile, 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 said juvenile is there unlawfully and that
no reasonable excuse exists therefor.
C. Exceptions.
(1) This section shall not apply to a juvenile:
(a)
Who is performing an errand as directed by his
parent, guardian or person having lawful custody.
(b)
Who is on his or her 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 juvenile
to unnecessarily loiter about the streets, alleys or public places
or be in a parked motor vehicle on the public streets.
D. Parent or guardian responsibility. It shall be unlawful for any parent, guardian, or other person having the lawful care, custody and control of any juvenile to allow or permit such person to violate the provisions of Subsection
B and
C 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 Dane County Sheriff's Department shall not be considered to have allowed or permitted any juvenile to violate this section.
E. Responsibilities of persons operating places of amusement,
entertainment or refreshment. 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
juvenile 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
a juvenile loitering, loafing, or idling in such place of business,
he shall immediately order such juvenile to leave, and if such person
refuses to leave said place of business, the operator shall immediately
notify the Dane County Sheriff's Department and inform it of the violation.
F. Authority of law enforcement officer to detain juveniles.
Every law enforcement officer is hereby authorized to detain any juvenile
violating the provisions above until such time as the parent, guardian,
or person having legal custody of the juvenile shall be immediately
notified, and the person so notified shall as soon as reasonably possible
thereafter report to the Dane County Sheriff's Department for the
purpose of taking the custody of the juvenile and shall sign a release
for him or her. If no response is received, law enforcement officers
shall take whatever action is deemed necessary in the best interest
of the juvenile.
G. Enforcement.
(1) First offense. The first time a juvenile is detained by a law enforcement officer of the Village as provided in Subsection
F, such juvenile and the parent, guardian or person having legal custody 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 this juvenile or any other juvenile under his or her care or custody shall result in a penalty being imposed as hereinafter provided.
(2) Subsequent offenses by parent or guardian. Any parent, guardian or person having legal custody of a juvenile described in Subsection
B through
F who has been warned in the manner provided in Subsection
G(1) above and who thereafter violates any of the provisions of this section shall be subject to a penalty as provided in Chapter
1, General Provisions, §
1-4 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 juvenile, the action shall be dismissed and the juvenile shall be referred to the court assigned to exercise jurisdiction under Ch. 938, Wis. Stats.
(3) Penalty for juveniles. Any juvenile who shall violate
this section shall, upon conviction thereof, forfeit not less than
$1 nor more than $25, together with the cost of prosecution.
No person under the age of 18 years shall possess
a controlled substance contrary to the Uniformed Controlled Substances
Act, Ch. 961, Wis. Stats.
No person under the age of 18 years shall, with
intent to steal, 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.
No person under the age of 18 years shall intentionally
receive or conceal property he or she knows to be stolen.
[Added 1-5-1999 by Ord. No. 98-O-11]
A. Purpose. The purpose of this section is to reduce
the number of unlawful acts committed in the Village by juveniles
under the age of 17.
B. Definitions. As used in the this section, the following
definitions apply:
CUSTODIAL PARENT
A birth or adoptive parent who is responsible for supervising an unemancipated juvenile at the time of the juvenile's second or subsequent violation of law within any one-hundred-eighty-day period, as such second or subsequent violation is described in Subsection
C. "Custodial parent" also means a person who has legal custody of such a juvenile at the time of said second or subsequent violation. If more than one custodial parent existed at the time of said second or subsequent violation, more than one custodial parent may be cited for violation of this section. Only natural persons, rather than agencies or organizations, may be custodial parents under this section.
GUARDIAN
A legal guardian who is responsible for supervising an unemancipated juvenile at the time of the juvenile's second or subsequent violation of law within any one-hundred-eighty-day period, as such second or subsequent violation is described in Subsection
C. Only natural persons, rather than agencies or organizations, may be guardians under this section.
JUVENILE
A person under the age of 17 years.
C. Responsibility for acts of a juvenile. Each custodial
parent or guardian of a juvenile shall properly supervise that juvenile.
Proof that such a juvenile has been convicted in any municipal court
or circuit court, or both, two or more times of violating any combination
of ordinances, statutes, or other laws and that such violations occurred
within any one-hundred-eighty-day period in the Village shall be prima
facie evidence that each person who was a custodial parent or guardian
at the time of the second or subsequent violation failed to properly
supervise that juvenile at the time of the second or subsequent violation.
D. Responsibility to know juvenile's record. It is the responsibility of each custodial parent and guardian to know or become informed about whether and when any juvenile whom the custodial parent or guardian must supervise has been convicted, or may become convicted, of any offense as described in Subsection
C. It is not a defense to a charge under this section that the custodial parent or guardian was not the custodial parent or guardian at the time of the juvenile's first violation within the one-hundred-eighty-day period.
E. Defenses. The following juvenile violations shall not be counted as juvenile violations under Subsection
C:
(1) If, at the time of the juvenile violation, the juvenile
was properly in the physical custody of an adult other than a custodial
parent or guardian.
(2) If the custodial parent or guardian reported the juvenile's
violation to the appropriate authorities.
(3) If the custodial parent or guardian took reasonable
steps to control the conduct of the juvenile at, or within a reasonable
period of time prior to, the time of the violation.
F. Penalty. Any person found to have violated this section
is subject to a forfeiture of not more than $1,000.