[HISTORY: Adopted by the Common Council of the City of Jefferson 8-6-2002 by Ord. No. 7-02 as §§ 9.25, 9.29, 9.30, 9.32 and 9.35 of the 2002 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 160.
Bicycles and play vehicles — See Ch. 265.
Peace and good order — See Ch. 208.
Tobacco products and smoking — See Ch. 251.
A. 
Prohibited. No person 17 or under shall be on foot, bicycle or in any type of vehicle on any public street, avenue, alley, park, school grounds or other public places in the City between 10:00 p.m. and 5:00 a.m. Sunday through Thursday and between the hours of 12:00 midnight and 5:00 a.m. on Friday and Saturday, unless accompanied by his parent or guardian or person having lawful custody and control of his person or unless there exists a reasonable necessity therefor. The fact that the child, unaccompanied by his parent, guardian or other person having legal custody, is found upon any street, alley, or public place during the aforementioned hours shall be prima facie evidence that the child is there unlawfully and that no reasonable excuse exists therefor.
[Amended 4-5-2017 by Ord. No. 5-17]
B. 
Exceptions. The provisions of Subsection A shall not apply to the following:
(1) 
Children returning home from municipal, religious, and school activities.
(2) 
Children during or returning home from employment.
C. 
Responsibility of guardian. No parent, guardian or other person having the lawful care, custody and control of any person under the age of 18 shall allow or permit such person to violate the provisions of Subsection A.
D. 
Responsibility of persons operating places of amusement. No person operating or in charge of any place of amusement, entertainment, refreshment or other place of business shall permit any minor under 18 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, finds persons under 18 loitering, loafing, or idling in such place of business, he shall immediately order such persons to leave, and if such persons refuse to leave, the operator shall immediately notify the Police Department and inform it of the violation.
E. 
Power of arrest. Any member of the police force shall arrest, with or without warrant, any person or persons violating the above provisions or any child unaccompanied by a parent, guardian or other adult person having the lawful care and custody of such minor child.
F. 
Penalties.
[Amended 4-5-2017 by Ord. No. 5-17]
(1) 
Penalties for a minor under 18.
(a) 
First violation. Any minor found violating the provisions of Subsection A shall be issued a written warning. At the location of contact with the minor, the minor's parent or guardian shall be contacted by the officer and instructed to pick up the minor at their location. If the minor lives within the City of Jefferson and no phone contact is made with the minor's parent or guardian, the minor shall be taken to their residence to make face-to-face contact with their parent or guardian. If no contact can be made with the minor's parent or guardian and a minor indicates they are staying at a residence other than their own, a parent or guardian from that residence may retrieve the minor.
(b) 
Second violation. A citation shall be issued to the minor for second and further violations that occur within one year.
(2) 
Penalties for parents, guardians or minors. Any person violating this section shall, upon conviction, be subject to a fine of not less than $10 nor more than $50. In default of such payment such person(s) shall be subject to confinement in jail for not more than five days.
G. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
GUARDIAN
Any person or persons appointed through the legal proper channels required by law as having the care and custody of a minor.
JUVENILE
Any person who comes under the jurisdiction of the Juvenile Court which legally means any person under 18.
LOITER
To remain idle or stand around, wander or saunter, stroll, play in or upon or lag behind.
MINOR
Any person under 18.
OTHER ADULT PERSON
A person or persons having legal care and custody by due process of law.
PARENT
Any natural parent of a minor or a parent through adoption by law, 18 or over.
PLACE OPEN TO PUBLIC
Any privately owned place of business carried on for profit or any place of amusement or entertainment to which the public is invited.
PRIMA FACIE EVIDENCE
A fact presumed to be true unless disproved by some evidence to the contrary.
PUBLIC PLACE
Any public street, highway, road, river, alley, park, school ground, dock, public building or vacant lot.
VEHICLE
Every device in, upon or by which any person or property is or may be transported or drawn upon a highway.
A. 
Definition. A pupil is truant if he or she 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.
B. 
Prohibited. No pupil under the age of 18 shall be truant.
C. 
Court action. The court is hereby empowered to enter the following dispositions for a violation of Subsection A:
(1) 
An order for the person to attend school.
(2) 
A forfeiture of not more than $50, plus costs, for the first violation, or a forfeiture of not more than $100, plus costs, for any second or subsequent violations committed within 12 months of a previous violation, subject to § 938.37, Wis. Stats., 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 parent or guardian of the person, or both, subject to § 938.342, Wis. Stats.
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ACCEPTABLE EXCUSE
As defined in §§ 118.15 and 118.16(4), Wis. Stats., which definition is incorporated herein by reference.
HABITUAL TRUANT
A pupil who is absent from school without an acceptable excuse under § 118.15, Wis. Stats., for either of the following:
(1) 
Part or all of five or more days out of 10 consecutive days on which school is held during a school semester.
(2) 
Part or all of 10 or more days on which school is held during a school semester.
B. 
Prohibited. No child shall be an habitual truant.
C. 
Court action. Upon receipt of evidence from the school attendance officer that appropriate school personnel have performed all duties required by § 118.16(5), Wis. Stats., an action may be commenced in Municipal Court by summons and complaint, which action may request one or all of the following orders from the Municipal Court:
(1) 
Suspension of a child's operating privileges, 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 a suspended license and forward it to the Department of Transportation with a notice stating the reason for and the duration of the suspension period.
(2) 
An order for the child to remain at home except during hours in which the child is attending religious worship or a school program, including the travel time required to and from the school program or place of worship. The order may permit a child to leave his home if the child is accompanied by a parent or guardian.
(3) 
An order for the child to attend an educational program under § 48.345(12), Wis. Stats.
A. 
Except as provided in Subsection B, no person 18 years of age or older may by any act or omission knowingly encourage or contribute to the truancy, as defined in § 118.16(1)(c), Wis. Stats., of a child.
B. 
Subsection A does not apply to a person who has under his control a child who has been sanctioned under § 49.26(1)(h), Wis. Stats.
C. 
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 truant.
D. 
An action under this section may be commenced by citation pursuant to Chapter 1, § 1-4 of this Code.
A. 
Except as otherwise provided in this chapter, any person who shall violate any provision of this chapter shall be subject to a penalty as provided in Chapter 1, Article I of this Code.
[Amended 10-18-2005 by Ord. No. 17-05]
B. 
In addition to the penalty provided in Subsection A above, any person who shall damage public property shall be liable for the costs of repairing or replacing such property. The parent of an unemancipated child who causes damage to public or private property shall be liable for the cost thereof pursuant to § 895.035, Wis. Stats.
C. 
In addition to the penalty provided in Subsection A above, a juvenile may be subject to the dispositions and sanctions as provided in Chapter 1, § 1-6 of this Code.