[HISTORY: Adopted by the Common Council of
the City of Manawa 10-18-1993 as Title 11, Ch. 6 of the 1989 Code of Ordinances. Amendments
noted where applicable.]
A.
No person between the ages of 14 years through 17
years shall remain upon any street, alley, park or other public place
in the City of Manawa between 11:00 p.m. on Sundays, Mondays, Tuesdays,
Wednesdays or Thursdays and 6:00 a.m. the next day and between 12:00
midnight on Fridays and Saturdays and 6:00 a.m. the next day. No person
under the age of 14 years shall loiter, idle or remain upon any street
or alley or other public place in the city between 10:00 p.m. and
6:00 a.m. the next day. 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, until the hour of 12:30 a.m., performing
an errand as directed by his or her parent, guardian or person having
lawful custody.
(b)
Who is, until the hour of 12:30 a.m., on his
or her own premises or in the areas immediately adjacent thereto.
(c)
Who is accompanied by his or her parent, legal
guardian or other responsible person who is over the age of 18 and
approved by the individual's parent or legal guardian.
(d)
At any time in the event of an emergency which
would justify the reasonableness of the individual's presence.
(e)
Who is pursuing the duties of his or her employment,
but the individual must be carrying a written statement from the employer
attesting to the place and hours of employment.
(f)
Who is coming directly home from a meeting or
a place of public entertainment, such as a movie, play, school, church
or sporting event. This exception will apply for 1/2 hour after the
completion of such event, but in no case beyond 12:30 a.m. If the
event is not commercial in nature or does not have a fixed, publicly
known time at which it will end, the sponsoring organization must
register the event with the Police Department at least 24 hours in
advance, informing it of the time such event is scheduled to be, the
place at which it shall be held, the time at which it shall end and
the name of the sponsoring organization.
(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.
It shall be unlawful for any parent, guardian or other person having the lawful care, custody and control of any person under 18 years of age 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 18 years of age to violate this section.
D.
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 minor under 18 years of age
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
persons under 18 years of age loitering, loafing or idling in such
place of business, he or she shall immediately order such person to
leave, and if such person refuses to leave said place of business,
the operator shall immediately notify the Police Department and inform
it of the violation.
E.
Every law enforcement officer is hereby authorized
to detain any minor violating the provisions above until such time
as the parent, guardian or person having legal custody of the minor
shall be immediately notified, and the person so notified shall as
soon as reasonably possible thereafter report to the Police Department
for the purpose of taking the custody of the minor and shall sign
a release for him or her. If no response is received, the police shall
take whatever action is deemed necessary in the best interest of the
minor.
F.
The first time a minor, parent, guardian or person having legal custody of a minor is detained by a law enforcement officer of the city, as provided in Subsection E, such minor, parent, guardian or person having such 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 minor or any other minor under his or her care or custody shall result in a penalty being imposed as hereinafter provided.
G.
Violations and penalties.
(1)
Any parent, guardian or person having legal custody of a child described in Subsections A through E who has been warned in the manner provided in Subsection F and who thereafter violates any of the provisions of this section shall be subject to a penalty as provided in Chapter 1, § 1-21, General penalty, 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 child, the action shall be dismissed and the child shall be referred to the court assigned to exercise jurisdiction under W.S.A. ch. 48.
(2)
Any minor person under 16 years of age who shall violate
this section shall, upon conviction thereof, forfeit not less than
$1 nor more than $25, together with the cost of prosecution.
[Amended 1-3-2000]
It shall be unlawful for any person under the
age of 18 to possess a controlled substance contrary to the Uniform
Controlled Substances Act, W.S.A. ch. 961.
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 or she knows
to be stolen.
[Amended 1-3-2000]
A.
Adoption of state statute. Wisconsin Statutes Annotated
s. 938.17(2) is hereby adopted and by reference made a part of this
section as if fully set forth herein.
B.
Provisions of section applicable to persons 12 through
17 years of age. Subject to the provisions and limitations of W.S.A.
s. 938.17(2), 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 City of Manawa 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 Code of the City of Manawa, 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 W.S.A. ch. 125.
E.
Penalty for violations of Subsection D. Any person 12 through 17 years of age who shall violate the provisions of Subsection D shall be subject to the same penalties as are provided in Chapter 1, § 1-21, General penalty, of this Code, exclusive of the provisions therein relative to commitment in the county jail.
A.
Definition. In this section, "drug paraphernalia"
means all equipment, products and materials of any kind which are
used, intended for use or designed for use in planting, propagating,
cultivating, growing, harvesting, manufacturing, selling, distributing,
delivering, compounding, converting, producing, processing, preparing,
testing, analyzing, packaging, repackaging, storing, containing, concealing,
injecting, ingesting, inhaling or otherwise introducing into the human
body a controlled substance, as defined in W.S.A. ch. 961, in violation
of this section. It includes but is not limited to:
[Amended 1-3-2000]
(1)
Kits used, intended for use or designed for use in
planting, propagating, cultivating, growing or harvesting of any species
of plant which is a controlled substance or from which a controlled
substance can be derived.
(2)
Kits used, intended for use or designed for use in
manufacturing, selling, distributing, delivering, compounding, converting,
producing, processing or preparing controlled substances.
(3)
Isomerization devices used, intended for use or designed
for use in increasing the potency of any species of plant which is
a controlled substance.
(4)
Testing equipment used, intended for use or designed
for use in identifying or in analyzing the strength, effectiveness
or purity of controlled substances.
(5)
Scales and balances used, intended for use or designed
for use in weighing or measuring controlled substances.
(6)
Diluents and adulterants, such as quinine, hydrochloride,
mannitol, mannite, dextrose and lactose, used, intended for use or
designed for use in cutting controlled substances.
(7)
Separation gins and sifters used, intended for use
or designed for use in removing twigs and seeds from, or in otherwise
cleaning or refining, marijuana.
(8)
Blenders, bowls, containers, spoons and mixing devices
used, intended for use or designed for use in compounding controlled
substances.
(9)
Capsules, balloons, envelopes or other containers
used, intended for use or designed for use in packaging small quantities
of controlled substances.
(10)
Containers and other objects used, intended for use
or designed for use in storing or concealing controlled substances.
(11)
Hypodermic syringes, needles or other objects used,
intended for use or designed for use in parenterally injecting controlled
substances into the human body.
(12)
Objects used, intended for use or designed for use
in ingesting, inhaling or otherwise introducing marijuana, cocaine,
hashish or hashish oil into the human body, including but not limited
to:
(a)
Metal, wooden, acrylic, glass, stone, plastic
or ceramic pipes, with or without screens, permanent screens, hashish
heads or punctured metal bowls.
(b)
Water pipes.
(c)
Carburetion tubes and devices.
(d)
Smoking and carburetion masks.
(e)
Objects used to hold burning material, such
as a marijuana cigarette, that has become too small or too short to
be held in the hand.
(f)
Miniature cocaine spoons and cocaine vials.
(g)
Chamber pipes.
(h)
Carburetor pipes.
(i)
Electric pipes.
(j)
Air-driven pipes.
(k)
Chillums.
(l)
Bongs.
(m)
Ice pipes or chillers.
B.
Determination of drug paraphernalia. In determining
whether an object is drug paraphernalia, the following shall be considered,
without limitation of such other considerations a court may deem relevant:
(1)
Statements by an owner or by anyone in control of
the object concerning its use.
(2)
Prior convictions, if any, of an owner or of anyone
in control of the object under any city, state or federal law relating
to any controlled substance.
(3)
The proximity of the object in time and space to a
direct violation of this section.
(4)
The proximity of the object to controlled substances.
(5)
The existence of any residue of controlled substance
on the object.
(6)
Direct or circumstantial evidence of the intent of
the owner, or of anyone in control of the object, to deliver it to
persons whom the person knows, or should reasonably know, intend to
use the object to facilitate a violation of this section. The innocence
of an owner, or of anyone in control of this object, as to a direct
violation of this section, shall not prevent a finding that the object
is intended for use or designed for use as drug paraphernalia.
(7)
Oral or written instructions provided with the object
concerning its use.
(8)
Descriptive materials accompanying the object which
explain or depict its use.
(9)
National and local advertising concerning its use.
(10)
The manner in which the object is displayed for sale.
(11)
Direct or circumstantial evidence of the ratio of
sales of the object to the total sale of the business enterprise.
(12)
The existence and scope of legitimate uses for the
object in the community.
(13)
Expert testimony concerning its use.
C.
Prohibited uses.
(1)
Possession of drug paraphernalia. No person who is
under 18 years of age may use, or possess with the sole intent to
use, drug paraphernalia to plant, propagate, cultivate, grow, harvest,
manufacture, compound, convert, produce, process, prepare, test, analyze,
pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise
introduce into the human body a controlled substance in violation
of this section.
(2)
Manufacture or delivery of drug paraphernalia. No
person who is under age 18 years of age may deliver, or possess with
intent to deliver, drug paraphernalia, knowing that it will be solely
used to plant, propagate, cultivate, grow, harvest, manufacture, compound,
convert, produce, process, prepare, test, analyze, pack, repack, store,
contain, conceal, inject, ingest, inhale or otherwise introduce into
the human body a controlled substance in violation of this section.
D.
Exemption. This section does not apply to manufacturers,
practitioners, pharmacists, owners of pharmacies and other persons
whose conduct is in accordance with W.S.A. ch. 961. This section does
not prohibit the possession, manufacture or use of hyopodermics in
accordance with W.S.A. Ch. 961.
[Amended 1-3-2000]
A.
Adoption of standards
[Amended 12-17-1998].
(1)
Adoption of state truancy statute; penalty. It shall
be unlawful for any person under the age of 18 to be truant from school.
This subsection is adopted pursuant to W.S.A. s. 118.163. Wisconsin
Statutes Annotated Section, is hereby incorporated herein and adopted
by reference. Both of the dispositional alternatives set forth in
W.S.A. s. 118.163(1m)(a) and (b) are available to the court.
(2)
Adoption of state habitual truancy statute; penalty.
It shall be unlawful for any person under the age of 18 to be a habitual
truant from school. This subsection is adopted pursuant to W.S.A.
s. 118.163. Wisconsin Statutes Annotated Section 118.163 is hereby
incorporated herein and adopted by reference. Any one or more dispositional
alternatives set forth in W.S.A. s. 118.163(2)(a), (b), (c), (d),
(e), (f), (g), (h), (i), (j) and (k) are available to the court.
(3)
Additional prohibited acts. It shall be unlawful for
any person enrolled as a student in any city, public or parochial
school to violate any school rule, a violation of which could result
in suspension or expulsion from school.
(4)
It shall be unlawful for any person under the age
of 18 to be truant from his/her home without the consent of his/her
parent or guardian who has legal custody.
[Added 3-18-2002]
B.
Parent or guardian liability for truancy.
(1)
Unless the child is excepted or excused under W.S.A.
s. 118.15 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
W.S.A. s. 48.227;
(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 W.S.A.
s. 948.31; or
[Amended 1-3-2000]
(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 W.S.A.
ch. 48 that he or she is sheltering or concealing such child and provides
the person or agency notified with all information requested.
[Amended 1-3-2000; 4-21-2014]
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. It also includes all nicotine products, including
inhalers, battery operated or otherwise, gum or patches.
B.
Purchase
by minors prohibited. It shall be unlawful for any person under the
age of 18 years to purchase tobacco products or nicotine products
or to misrepresent their 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, any battery aided
smoking device or nicotine products. An exception where this shall
not be prohibited by a person under the age of 18 years is whenever
they are under the direct supervision of the parent or legal guardian
in the privacy of the parent's or guardian's home.
No person under the age of 18 years shall carry
or possess a lighted cigar, cigarette, pipe or any other lighted smoking
equipment or tobacco product restricted by state law on public property
within 500 feet of a school grounds within the City of Manawa between
the hours of 7:00 a.m. and 5:00 p.m.
[Added 1-3-2000]
A.
It shall be unlawful for a parent or legal guardian
of an unemancipated minor residing with such parent or legal guardian
to knowingly permit said minor to commit any violation of a city ordinance
or state statute concerning vandalism, battery, fireworks, obscene
conduct, trespass, possession of alcoholic liquor, curfew, disorderly
street gang conduct or any other offense or unlawful or malicious
acts to persons or property.
B.
The parent or guardian of an unemancipated minor shall be responsible for the willful or malicious acts of the minor child pursuant to this section and shall make full restitution consistent with state statutory limits to the injured or damaged party or parties 10 days after notification of liability as provided for herein. Parents and guardians shall be responsible individually and jointly. Any person who fails or refuses to make payment in full of any amount found due from them to an injured or damaged party, as provided for herein, or who violates any of the provisions of this section shall be fined in accordance with Chapter 1, § 1-21, General Property.
[Amended 1-3-2000; 3-18-2002]
A.
Citation process. For violations of §§ 201-2 through 201-11, juveniles may be cited by the citation process on a form approved by the City Attorney which contains on the reverse side the penalties that the juvenile may receive simultaneously with issuing the citation to the juvenile. A carbon copy shall be mailed to the parent or legal guardian.
B.
Penalties. Violations of §§ 201-2 through 201-10 by a person under the age of 18 shall be punishable according to W.S.A. ss. 938.17, 938.343, 938.344 and 48.345. Nothing in this section shall prevent the juvenile officer, in his or her discretion, from referring cases directly to the District Attorney's office.
