[HISTORY: Adopted by the Board of Supervisors of Green Lake County as indicated in article histories. Amendments noted where applicable.]
Truancy — See Ch. 248.
Article I Collection of Secure Detention Costs
Article II Juvenile Curfew
[Adopted 3-15-2005 by Ord. No. 831-05]
This article is adopted in consonance with § 938.275, Wis. Stats.
Green Lake County does not have its own Juvenile Secure Detention Facility. Therefore, when juveniles are in need of secure detention they must be transported and housed in facilities not located in Green Lake County. The court may order the parents of the juvenile to contribute toward the expenses of transporting and detaining the juvenile.
The Green Lake County Judicial and Law Enforcement Committee shall act as the lead Committee in determining any amounts due to Green Lake County pursuant to the above-cited Wisconsin statute. The Green Lake County Sheriff's Office shall collect any amounts due to Green Lake County.
Parents jointly and severally shall pay the costs for detention, extra security costs when incurred, mileage costs incurred due to transport(s), and physician, dental, medication, and hospitalization costs which are otherwise not covered by a health insurance provider.
Parents will be billed for detention costs in the actual amount that Green Lake County paid to the juvenile detention facility for detention plus any mileage costs incurred as a result of transporting the juvenile to or from the juvenile detention facility. Any medical, dental or special security costs will be billed as incurred in addition to the charge(s) for detention and mileage for transport. Parents will be provided copies of all invoices for expenses incurred by the juveniles.
Payment in full is expected within 30 days of receipt of the bill from the Green Lake County Sheriff's office. If payment in full is not possible, monthly payment plans may be arranged by contacting the Sheriff's office.
Provided repayment of these costs has been ordered by the Juvenile Court, the parent(s) has the right to petition the Juvenile Court for a hearing to review the amount of reimbursement.
Violations and penalties include tax intercept or Circuit Court action to collect said monies.
[Adopted 5-17-2005 by Ord. No. 837-05]
As used in this article, the following terms shall have the meanings indicated:
- Green Lake County, Wisconsin.
- CURFEW HOURS
- The hours from 11:00 p.m. to 5:00 a.m. Sunday through Thursday for the period beginning the day after Memorial Day through Labor Day of each year; from 10:00 p.m. through 5:00 a.m. Sunday through Thursday for the period beginning the day after Labor Day through Memorial Day of each year; and from 12:00 midnight to 5:00 a.m. for all Fridays and Saturdays throughout the year.
- An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, automobile accident, or any situation requiring immediate action to prevent serious bodily injury (defined below) or loss of life.
- Any privately owned place of business operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment.
- Any person under 18 years of age.
- Any entity, individual, firm, association, partnership or cooperation operating, managing or conducting any establishment. The term includes the members or partners of an association or partnership and the officer of a corporation.
- A person who is:
- PUBLIC PLACE
- Any area generally visible to public view and includes, but is not limited to, streets, tree banks, sidewalks, alleys, parks, vacant lots, driveways, parking lots and buildings open to the general public and the doorways, entrances and common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops and the grounds enclosing them and any other public place.
- SERIOUS BODILY INJURY
- Any bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
A minor commits a violation if he/she remains in any public place or on the premises of any establishment within the County during curfew hours.
A parent or guardian of a minor commits a violation if he/she knowingly permits or, by insufficient control, allows the minor to remain in any public place or on the premises of any establishment within the County during curfew hours.
The owner, operator, or any employee of an establishment commits a violation if he/she knowingly allows a minor to remain upon the premises of the establishment during curfew hours. This section shall not apply to the owner, operator or employee of an establishment that promptly notified the Police Department that a minor was present on the premises of the establishment during curfew hours and refused to leave.
It is not a violation under this article if the minor was:
Accompanied by the minor's parent or guardian;
On an errand at the direction of the minor's parent or guardian without any detour or stop;
In a motor vehicle involved in interstate travel;
Engaged in any employment activity or going to or returning home from an employment activity without detour or stop;
Involved in an emergency;
Attending an official school, religious or other recreational activity supervised by adults and sponsored by the County, or by any city, village or town, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official city, village or town, a civic organization or another similar entity that takes responsibility for the minor;
Going to or attending or returning home from a movie theatre, without any detour or stop;
Exercising First Amendment rights protected by the United States Constitution or the Wisconsin Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly,
Coming directly home from a private home which has been approved by the minor's parent or legal guardian; or
Before taking any enforcement action under this article, a law enforcement officer shall ask the offender's age and reason for being in the public place or establishment. The officer shall not issue a citation under this section unless the officer reasonably believes that a violation has occurred and that, based on any response and other circumstances, no exception in § 168-7 is present. A minor believed to be violating the provisions of this section may be taken to the Police Department for proper identification. Every law enforcement officer, while on duty, may, in his/her discretion, detain any minor violating § 168-6 above until such time as the parent, guardian or other adult person having legal custody of the minor is notified; and the person so notified shall, as soon as reasonably possible thereafter, report to the Police Department for the purpose of taking the minor into custody, and such person shall sign a release for the minor if so requested by the officer. If the parent, legal guardian or other adult person having the care, custody or control of such minor is unavailable, unwilling or unable to provide supervision for the minor, a law enforcement officer may release the minor to a responsible adult and verbally counsel or issue a warning or citation as may be appropriate.
Any person who violates a provision of this article is guilty of a separate violation for each day or part of a day during which the violation is committed, continued or permitted. Each violation, upon conviction, is punishable by a forfeiture of not less than $25 nor more than $300, plus costs and assessments; except that, for a second conviction within a twelve-month period, the minimum forfeiture shall be $75, plus costs and assessments; for a third conviction within a twelve-month period the minimum forfeiture shall be $100, plus costs and assessments; for a fourth or subsequent violation within a twelve-month period the minimum forfeiture shall be $150, plus costs and assessments.
If any section, subsection, sentence, clause, phrase or portion of this article is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion(s) shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion(s) thereof.