[HISTORY: Adopted by the Village Board of the Village of Theresa 6-3-1996
as §§ 11-5-1 to 11-5-5 and 11-5-7 to 11-5-10 of the 1996 Code.
Amendments noted where applicable.]
A.
Curfew established.
(1)
It shall be unlawful for any person age 17 or under to
be on foot, bicycle or in any type of vehicle on any public street, avenue,
highway, road, alley, park, school grounds, place of amusement and entertainment,
cemetery, playground, public building or any other public place in the Village
of Theresa during periods specified as follows:
(a)
Between June 1 and September 1, between the hours of
11:00 p.m. and 5:00 a.m.
(b)
Between September 2 and May 31, between the hours of
10:00 p.m. and 5:00 a.m.
(c)
At any time in conjunction with school activities, athletic
events and school dances, between the hours of 12:00 a.m. and 5:00 a.m.; the
provisions of this subsection shall apply only to such children in attendance
and participating in the above-enumerated activities.
(2)
This curfew for persons age 17 or under shall not apply
to such minor 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 said child is there unlawfully and that no reasonable excuse exists therefor.
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, but not later than 60 minutes after the ending of such
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.
Parental responsibility. It shall be unlawful for any parent, guardian or other person having the lawful care, custody and control of any person under age 18 to allow or permit such person to violate the provisions of Subsection A or 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 Police Department shall not be considered to have allowed or permitted any person under age 17 to violate this section.
D.
Taking a child into custody.
(1)
Every law enforcement officer while on duty is hereby authorized to take into custody any child violating the provisions of Subsection A above. Children taken into custody shall be released from custody as soon as is reasonably possible. A person taking a child into custody shall make every effort immediately to release the child to the child's parent, guardian, or legal custodian or, if the parent, guardian, or legal custodian is unavailable, unwilling, or unable to provide supervision for the child, may release the child to a responsible adult and verbally counsel or warn, as may be appropriate, or, in the case of a runaway child, may release the child to a home authorized under § 48.227, Wis. Stats. The parent, guardian, legal custodian, or other responsible adult to whom the child is released shall sign a release for the child.
(2)
If the child is not released under this subsection, the
officer shall deliver the child to the County Juvenile Court Intake Worker
in a manner determined by the court and law enforcement agencies, stating
in writing with supporting facts the reasons why the child was taken into
physical custody and giving any child 12 years of age or older a copy of the
statement in addition to giving a copy to the Intake Worker. A juvenile violating
these curfews regularly may be warned by an officer on duty in his discretion
and sent home in lieu of taking the juvenile into custody.
(3)
If the child is believed to be suffering from a serious
physical condition which requires either prompt diagnosis or prompt treatment,
the officer shall take such action as is required under § 48.20(4),
Wis. Stats. If the child is believed to be mentally ill, drug dependent, or
developmentally disabled and exhibits conduct which constitutes a substantial
risk of physical harm to the child or to others, the officer shall take such
action as is required under § 48.20(5), Wis. Stats. If the child
is believed to be an intoxicated person who has threatened, attempted, or
inflicted physical harm on himself or herself or on another and is likely
to inflict such physical harm unless committed or is incapacitated by alcohol,
the officer shall take such action as is required under § 48.20(6),
Wis. Stats.
E.
Warning and penalty.
[Amended 8-1-2005 by Ord. No. 1-10]
(1)
Warning. The parent, guardian or person having legal custody of a child who is taken into custody by a law enforcement officer as provided in Subsection D above shall be advised as to the provisions of this section. Violation of this section occurring by this child or another child under his or her care or custody shall result in a forfeiture being imposed as hereinafter provided to the child or parent.
[Amended 9-11-2006]
(2)
Penalty. Any parent, guardian or person having legal custody of a child described in Subsection A who hereinafter violates this section may be subject to a penalty as provided in Chapter 1, § 1-5 of this Code. After a second violation the juvenile may be issued a municipal citation for each offense. Any minor person under 17 years of age who shall violate this section may, upon conviction thereof, forfeit not less than $25 nor more than $50, plus the costs assessed by the State of Wisconsin.
It shall be unlawful for any person under the age of 18 to possess a
controlled substance contrary to the Uniform 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 applicable to persons 12 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
against persons 12 through 17 years of age may be brought on behalf of the
Village of Theresa 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 of Theresa Code, no person age 12 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.[1]
A.
Contributing to truancy.
(2)
Subsection A(1) above does not apply to a person who has under his or her control a child who has been sanctioned under § 49.26(1)(h), Wis. Stats.
(3)
An act or omission 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 or omission would be
to cause the child to be a truant.
(4)
"Truancy" means 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 and also means intermittent attendance
carried on for the purpose of defeating the intent of § 118.15,
Wis. Stats.
B.
Parent or guardian liability for truancy.
(1)
Unless the child is excepted or excused under § 118.15,
Wis. Stats., or has graduated from high school, any person having under control
a child who is between the ages of six and 18 years shall cause the child
to attend school regularly during the full period of hours, religious holidays
excepted, that the public or private school in which the child should 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.
C.
Subsection A does not apply to any of the following:
(1)
A person operating a runaway home in compliance with
§ 48.227, Wis. Stats.;
(2)
A person who shelters or conceals a child at the request
or with the consent of the child's parent, guardian or legal or physical custodian,
except if the sheltering or concealment violates § 948.31, Wis.
Stats.; or
(3)
A person who immediately notifies a law enforcement agency,
county department of public welfare or social services, or the intake worker
of the court exercising jurisdiction under Ch. 48, Wis. Stats., that he or
she is sheltering or concealing such child and provides the person or agency
notified with all information requested.
A.
Definition of tobacco products. For the purposes of this
section, "tobacco products" means any substance containing tobacco leaf, including
but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco
or dipping tobacco.
B.
Purchase by minors prohibited. It shall be unlawful for
any person under the age of 18 years to purchase tobacco products, or to misrepresent
his identity or age, or to use any false or altered identification for the
purpose of purchasing tobacco products.
C.
Possession by minors prohibited. It shall be unlawful
for any person under the age of 18 years to possess any tobacco products,
provided that the possession by a person under the age of 18 years under the
direct supervision of the parent or legal guardian of such person in the privacy
of the parent's or guardian's home shall not be prohibited.
D.
Statutes adopted. The provisions of §§ 938.983,
134.66 and 778.25(1)(a), Wis. Stats., are adopted by reference and incorporated
herein.
A.
Citation process. For violations of §§ 207-2 through 207-8, juveniles may be cited by the citation process on a form approved by the Village Attorney and which shall contain on the reverse side the penalties that the juvenile may receive simultaneously with issuing the citation to the juvenile. A carbon copy will be mailed to the parent or legal guardian.
B.
Penalties. Violations of §§ 207-2 through 207-8 by a person under the age of 18 may 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.
