Village of Baldwin, WI
St. Croix County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Baldwin 4-28-2004 as Title 11, Ch. 5, of the 2004 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Adult uses — See Ch. 190.
Intoxicating liquor and fermented malt beverages — See Ch. 349.
Juveniles — See Ch. 361.
Nuisances — See Ch. 405.
Peace and good order — See Ch. 428.

§ 361-1 Curfew.

A. 
Curfew established.
(1) 
No individual 16 years of age or under shall remain upon a street, park, cemetery, alley, or other public place in the Village of Baldwin between 10:00 p.m. and 5:30 a.m. the next day on Sunday through Thursday and between 12:00 midnight and 6:00 a.m. on Friday and Saturday.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
The fact that said individual, unaccompanied by a parent, legal 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.
B. 
Exceptions.
(1) 
This section shall not apply to a juvenile:
(a) 
Who is performing an errand as directed by his/her parent, legal guardian or person having lawful custody.
(b) 
Who is on his/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, but not later than 30 minutes after the ending of such function.
(e) 
Who is in a public place because of an emergency.
(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.
C. 
Parental responsibility. It shall be unlawful for any parent, legal guardian or other person having the lawful care, custody and control of any person 16 years of age or under 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, legal 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, legal 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 juvenile 16 years of age or under to violate this section.
D. 
Responsibility of operators of places of amusement. No person operating a place of amusement or entertainment within the Village, or any agent, servant or employee of such person, shall permit a child 16 years of age or under to enter or loiter in such place of amusement or entertainment between the hours specified in Subsection A unless such child is accompanied by his/her parent, legal guardian or other adult person having legal custody of such child.
E. 
Responsibility of operators of hotels, motels and rooming homes. No person operating a hotel, motel or lodging or rooming house within the Village, or any agent, servant or employee of such person, shall permit any child 16 years of age or under to visit, idle, wander or stroll in any portion of such hotel, motel or lodging or rooming house between the hours specified in Subsection A unless such child is accompanied by his/her parent, legal guardian or other adult person having legal custody of such child.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
F. 
Detaining a juvenile. Pursuant to Ch. 938, Wis. Stats., law enforcement officers are hereby authorized to detain any juvenile violating the above provisions and other provisions in this chapter until such time as the parent, legal 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 Police Department for the purpose of taking the custody of the juvenile and shall sign a release for him or her, or such juvenile may be taken directly from the scene of his/her apprehension to his/her home. If such juvenile's parents or relative living nearby cannot be contacted to take custody of such juvenile and it is determined by the apprehending officer that the juvenile's physical or mental condition is such as would require immediate attention, the law enforcement officer may make such necessary arrangements as may be necessary under the circumstances for the juvenile's welfare.
G. 
Warning and penalty.
(1) 
Warning. The first time a minor is detained by a law enforcement officer of the Village, as provided in Subsection F, such minor and the parent, guardian or person having legal custody of such minor 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 such minor or any other minor under the care of such parent, guardian or person having legal custody shall result in a penalty being imposed as hereinafter provided.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
Penalty. Any parent, legal guardian, or person having legal custody of a juvenile described in Subsection A above who has been warned in the manner provided in Subsection G(1) herein and who thereafter violates this section shall be subject to a penalty as provided in § 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. Any juvenile 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 costs of prosecution.

§ 361-2 Possession of controlled substances by juveniles.

It shall be unlawful for any juvenile to possess a controlled substance contrary to the Uniform Controlled Substances Act, Ch. 961, Wis. Stats.

§ 361-3 Petty theft by juveniles.

It shall be unlawful for any juvenile, 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.

§ 361-4 Receiving stolen goods.

It shall be unlawful for a person under the age of 17 to intentionally receive or conceal property he/she knows to be stolen.

§ 361-5 Village jurisdiction over juveniles.

A. 
Adoption of state statutes. Sections 938.02 and 938.17(2), Wis. Stats., are hereby adopted and by reference made a part of this section as if fully set forth herein.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ADULT
A person who is 18 years of age or older, except that for purposes of prosecuting a person who is alleged to have violated any civil law or municipal ordinance, "adult" means a person who has attained 17 years of age.
JUVENILE
A person who is less than 18 years of age, except that for purposes of prosecuting a person who is alleged to have violated a civil law or municipal ordinance, "juvenile" does not include a person who has attained 17 years of age.
C. 
Provisions of Code applicable to juveniles. Subject to the provisions and limitations of § 938.17(2), Wis. Stats., complaints alleging a violation of any provision of this Code against juveniles may be brought on behalf of the Village of Baldwin and may be prosecuted utilizing the same procedures in such cases as are applicable to adults charged with the same offense.
D. 
No incarceration as penalty. The Court shall not impose incarceration as a penalty for any person convicted of an offense prosecuted under this section.
E. 
Additional prohibited acts. In addition to any other provision of the Village of Baldwin Code, no juvenile 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.
F. 
Penalty for violations of Subsection D. Any juveniles who shall violate the provisions of Subsection D shall be subject to the same penalties as are provided in § 1-4 of this Code of Ordinances, exclusive of the provisions therein relative to commitment in the county jail.[1]
[1]
Editor's Note: Original Sec. 11-5-6, Possession, manufacture and delivery of drug paraphernalia by a minor prohibited, which followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 361-6 Truancy.

A. 
Definitions. For the purpose of this section, the following definitions shall be applicable:
ACCEPTABLE EXCUSE
The meaning as defined in §§ 118.15 and 118.16(4), Wis. Stats.
ACT OF COMMISSION OR OMISSION
Anything that contributes to the truancy of a juvenile, whether or not the juvenile is adjudged to be in need of protection or services, if the natural and probable consequences of that act would be to cause the child to be truant.
HABITUAL TRUANT
A pupil who is absent from school without an acceptable excuse for either of the following:
(1) 
Part or all of five or more days out of 10 consecutive days in which school is held during a school semester.
(2) 
Part or all of 10 or more days in which school is held during a school semester.
TRUANCY
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 legal guardian of the absent pupil. Intermittent attendance carried on for the purpose of defeating the intent of § 118.15, Wis. Stats., shall also be considering truancy.
B. 
Prohibition against habitual truant. Any person attending school in the Village between the ages of six and 18 years, subject to the exceptions found under § 118.15, Wis. Stats., is prohibited from becoming a habitual truant as the term is defined in this section. Any law enforcement officer in this Village is authorized to issue a citation to any such person who is determined to be a habitual truant under the terms of this section.
C. 
Preconditions to issuance of citation. Prior to the issuance of any citation, the district school attendance officer shall provide evidence to the Police Department that appropriate school personnel in the school in which the juvenile is enrolled have within the school year during which the truancy occurred:
(1) 
Met with or attempted to meet with the juvenile's parent or legal guardian to discuss the juvenile's truancy.
(2) 
Provided an opportunity for educational counseling to the juvenile and considered curriculum modifications.
(3) 
Evaluated the juvenile to determine whether learning problems are the cause of the truancy and, if so, taken steps to overcome the learning problems.
(4) 
Conducted an evaluation to determine whether social problems are the cause of the juvenile's truancy and, if so, taken appropriate action or made appropriate referrals.
D. 
Form of citation. Any citation issued shall be returnable in court in the same manner as all other ordinance citations are returnable. The citation is to state on its face that this is a "must appear" citation and no forfeiture amount is to be written on the face of the citation.
E. 
Disposition. Upon a finding the juvenile is an habitual truant pursuant to §§ 118.163(2) and 938.342(1g), Wis. Stats., the following dispositions are available to the court:[1]
(1) 
Suspension of operating privilege. Suspend the juvenile's operating privilege as defined in § 340.01(40), Wis. Stats., for not less than 30 days nor more than 365 days. If the court takes possession of a license, it shall destroy the license. The court shall forward to the Department of Transportation a notice stating the reason for and duration of the suspension.
(2) 
Counseling, service or work program. Order the juvenile to participate in counseling, community service or a supervised work program under §§ 938.342(1g)(b) and 938.34(5g), Wis. Stats. The costs of any such counseling, supervised work program or other community service work may be assessed against the person, the parents or guardian of the person, or both.
(3) 
In-house restraint. Order the juvenile to remain at home except for the hours in which the juvenile is attending religious worship or a school program including travel time required to get to and from the school program or place of worship. The order may permit a juvenile to leave home if the juvenile is accompanied by a parent or legal guardian.
(4) 
Educational programs. Order the juvenile to attend an educational program as set forth in § 938.34(7d), Wis. Stats.
(5) 
Revocation of work permits. Order the Wisconsin Department of Workplace Development to revoke a work permit to the juvenile under §§ 103.70 and 103.72, Wis. Stats.
(6) 
Teen court program. Order the juvenile to be placed in a teen court program if all of the following conditions apply:
(a) 
The chief judge of the judicial administrative district has approved a teen court program established in juvenile's county of residence and the judge determines that participation in the court program will likely benefit the person and the community.
(b) 
The person admits or pleads no contest to the allegations that the person was truant in open court with the person's parent, legal guardian or legal custodian present.
(c) 
The person has not successfully completed participation in a teen court program during the two years before the date of the alleged violation.
(7) 
School attendance order. Order the person to attend school.
(8) 
Forfeiture. Impose a forfeiture of not more than $500 plus costs, subject to § 938.37, Wis. Stats. All or part of the forfeiture plus costs may be assessed against the person, the parent or guardian of the person, or both.
(9) 
Other conditions. Order the person to comply with any other reasonable conditions that are consistent with this subsection, including a curfew, restrictions as to going to or remaining on specified premises and restrictions on associating with other juveniles or adults.
(10) 
Supervision. Place the person under formal or informal supervision, as described in § 938.34(2), Wis. Stats., for up to one year.
(11) 
Parental counseling. The court may, in addition to or instead of the dispositions under Subsection E(1) through (10), order the person's parent, guardian or legal custodian to participate in counseling at the parent's, guardian's or legal custodian's own expense or to attend school with the person, or both.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
F. 
Required school attendance.
(1) 
Violations. Any person having under his/her control a juvenile who is between the ages of six and 18, subject to the exceptions found in § 118.15, Wis. Stats., shall cause the juvenile to attend school regularly during the full period and hours that the public or private school in which the juvenile shall be enrolled is in session until the end of the school term, quarter, or semester of the school year in which the juvenile becomes 18 years of age.
(2) 
Exceptions.
(a) 
A person will not be found in violation of this subsection if that person can prove that he/she is unable to comply with the provisions of this section because of the disobedience of the juvenile. The juvenile shall be referred to the court assigned to exercise jurisdiction under Ch. 938, Wis. Stats.
(b) 
A person will not be found in violation of this subsection if he/she has a juvenile under his/her control and the child has been sanctioned under § 49.26(1)(h), Wis. Stats.
(3) 
Proof required for exacting a penalty. Before a person may be found guilty of violating this subsection, the school attendance officer must present evidence to the court that the activities under § 118.16(5), Wis. Stats., have been completed by the school system. If that evidence has been presented to the court and if the court finds a person guilty of violating this subsection, a forfeiture may be assessed pursuant to § 1-4 of this Code.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
G. 
Contributing to truancy.
(1) 
Except as provided in Subsection G(2) below, any person 18 years of age or older, who, by an act of commission or omission, knowingly encourages or contributes to the truancy, as defined in Subsection A, of a juvenile shall be subject to a forfeiture pursuant to § 1-4.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
Subsection G(1) above does not apply to a person who has under his or her control a juvenile 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 juvenile 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 juvenile to be a truant.[4]
[4]
Editor's Note: Original Subsection (g)(4), providing a definition of "truancy," which followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
H. 
Parent or legal guardian liability for truancy.
(1) 
Unless the juvenile is excepted or excused under § 118.15, Wis. Stats., or has graduated from high school, any person having under control a juvenile who is between the ages of six and 18 years shall cause the juvenile to attend school regularly during the full period of hours, religious holidays excepted, that the public or private school in which the juvenile should be enrolled is in session until the end of the school term, quarter or semester of the school year in which the juvenile becomes 18 years of age.
(2) 
A person found to have violated Subsection H(1) above, after evidence is provided by a school official that the activities under § 118.16(5), Wis. Stats., have been completed, shall be subject to a forfeiture pursuant to § 1-4. This subsection does not apply to a person who has under his or her control a juvenile who has been sanctioned under § 49.26(1)(h), Wis. Stats., nor does it apply if the person proves that he or she is unable to comply with Subsection H(1) because of the disobedience of the juvenile.

§ 361-7 Unlawful sheltering of minors.

A. 
No person shall intentionally shelter or conceal a minor child who:
(1) 
Is a runaway child, meaning a child who has run away from his or her parent, legal guardian or legal or physical custodian; or
(2) 
Is a child who may be taken into custody pursuant to § 938.19, Wis. Stats.
B. 
Subsection A applies when the following conditions are present:
(1) 
The person knows or should have known that the child is a child described in either Subsection A(1) or (2); and
(2) 
The child has been reported to a law enforcement agency as a missing person or as a child described in Subsection A(1) or (2).
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, legal 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. 938, Wis. Stats., that he or she is sheltering or concealing such child and provides the person or agency notified with all information requested.

§ 361-8 Purchase or possession of tobacco products.

A. 
Prohibition against sale of or availability of cigarettes and tobacco products.[1]
(1) 
Prohibition. It shall be a violation of this section for any retailer to sell or give cigarettes or tobacco products to any person under the age of 18 except as provided in § 254.92(3), Wis. Stats. A vending machine operator is not liable for the purchase of cigarettes or tobacco products from his/her vending machine by a person under 18 years of age if the vending machine operator was unaware of the purchase.
(2) 
Vending machine requirements. The maintenance or keeping by retailers of vending machines dispensing cigarettes or tobacco products within the Village of Baldwin limits shall be in strict conformity with the requirements of § 134.66(2), Wis. Stats., the provisions of which are incorporated herein by reference.
(3) 
Vending machine placement. No retailer shall place a vending machine dispensing cigarettes or tobacco products within 500 feet of any school. The operator of any such vending machine which is located within 500 feet of a school as of the effective date of this section and which is so placed pursuant to a written agreement binding upon the vending machine operator may leave it there subject to the requirement, however, that he/she shall cause said vending machine(s) to be removed no later than May 1, 1993, or the date of expiration of the written agreement related thereto, whichever occurs first.
(4) 
Restrictions on manufacturers. No manufacturer, distributor, jobber, subjobber, or retailer, or its employees or agents, may provide cigarettes or tobacco products for nominal or no consideration to any person under the age of 18.
(5) 
Notice requirements. Retailers and vending machine operators shall comply with the posting and notice requirements set forth at § 134.66(2)(b), Wis. Stats.
(6) 
Conformity with state law. It is the intention of the Village that this subsection shall conform strictly with § 134.66(2), Wis. Stats. Should any provision herein set forth fail to meet with this qualification upon court review, the offending provision shall be considered to be severed from the remainder of this subsection, which shall remain in full force and effect as if the offending provision were never adopted.
[1]
Editor's Note: Original Subsection (a), Definition of tobacco products, which immediately preceded this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Prohibition against use and purchase of cigarettes and tobacco products to persons under the age of 18 years.
(1) 
Definitions. In addition, the following definitions are applicable:[2]
CIGARETTE
Has the meaning given in § 139.30(1m), Wis. Stats.
DISTRIBUTOR
A person specified under § 139.30(3) or 139.75(4), Wis. Stats.
IDENTIFICATION CARD
A license containing a photograph issued under Ch. 343, Wis. Stats.
JOBBER
Has the meaning given in § 139.30(6), Wis. Stats.
LAW ENFORCEMENT OFFICER
Has the meaning given in § 30.50(4s), Wis. Stats.
MANUFACTURER
Any person specified under § 139.30(7) or 139.75(5), Wis. Stats.
RETAILER
Any person licensed under § 134.65(1), Wis. Stats.
SCHOOL
Has the meaning given in § 118.257(1)(d), Wis. Stats.
SUBJOBBER
Has the meaning given in § 139.75(11), Wis. Stats.
TOBACCO PRODUCTS
Has the meaning given in § 139.75(12), Wis. Stats.
VENDING MACHINE
Has the meaning given in § 139.30(14), Wis. Stats.
VENDING MACHINE OPERATOR
Has the meaning given in § 139.30(15), Wis. Stats.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
Purchase prohibitions. No person under the age of 18 years may do any of the following:
(a) 
Buy or attempt to buy any cigarette or tobacco product, except in accord with § 254.92(2), Wis. Stats.
(b) 
Falsely represent his or her age for the purpose of receiving any cigarette or tobacco product.
(c) 
Possess any cigarette or tobacco product.
(3) 
Seizure of tobacco product. A law enforcement officer in whose presence a violation of Subsection C(2) occurs shall seize any cigarette or tobacco product involved therein.
(4) 
Conformity with state law. It is the intention of the Village that this subsection shall conform strictly with §§ 254.92 and 134.66, Wis. Stats. Should any provision herein set forth fail to meet with this qualification upon court review, the offending provision shall be considered to be severed from the remainder of this subsection, which shall remain in full force and effect as if the offending provision were never adopted.
(5) 
Sale exemption. A person under 18 years of age may purchase or possess cigarettes or tobacco products for the sole purpose of resale in the course of employment during his/her working hours if employed by a retailer licensed under § 134.65(1), Wis. Stats.

§ 361-9 Smoking by minors on public property.

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 Village of Baldwin between the hours of 7:00 a.m. and 5:00 p.m.

§ 361-10 Criminal gang activity prohibited.

A. 
Authority. This section is adopted pursuant to the authority granted by § 66.0107 and Ch. 938, Wis. Stats.
B. 
Definitions. For purposes of this section, the following terms are defined:
CRIMINAL GANG
An ongoing organization, association or group of three or more persons, whether formal or informal, that has as one of its primary activities the commission of one or more criminal or unlawful acts, or acts that would be criminal or unlawful if the actor were an adult, specified in § 939.22(21)(a) to (s), Wis. Stats., or in any of the Code sections referred to in the definition of "pattern of criminal gang activity" below, that has a common name or common identifying sign or symbol and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity.
PATTERN OF CRIMINAL GANG ACTIVITY
Has the same meaning as the definition in § 939.22(21), Wis. Stats., the list of offenses in Subsections (a) to (s) of that section and Chapter 190, Chapter 349, Article II, Chapter 361, Chapter 405 and Chapter 428 of this Code.
UNLAWFUL ACT
Includes a violation of any of the Municipal Code sections referred to in the definition of "pattern of criminal gang activity" above or any criminal act or act that would be criminal if the actor were an adult.
C. 
Unlawful activity.
(1) 
It is unlawful for any person to engage in criminal gang activity.
(2) 
It is unlawful for any person to solicit or attempt to solicit a person who has not attained the age of 18 years to commit or attempt to commit any violation of the provisions of this section, or any one or more of those sections of the Code referred to in the definition of "pattern of criminal gang activity" above.
(3) 
It is unlawful for any person to solicit or attempt to solicit a person who has not attained the age of 18 years to participate in criminal gang activity.
(4) 
It is unlawful for any person to solicit or attempt to solicit a person who has not attained the age of 18 years to join a criminal gang.

§ 361-11 Enforcement; violations and penalties. [1]

A. 
Citation process. For violations of §§ 361-2 through 361-10, juveniles may be cited by the citation process on a form approved by the Village Attorney which shall contain on the reverse side the penalties that the juvenile may receive simultaneously with issuing the citation to the juvenile. A copy will be mailed to the parent or legal guardian.
B. 
Penalties. Violations of §§ 361-2 through 361-9 by a person under the age of 18 shall be punishable according to § 1-4 of this Code and §§ 938.17(2), 938.343, 938.344 and 938.345, Wis. Stats., except where another penalty is provided. Nothing in this section shall prevent the juvenile officer, in his/her discretion, from referring cases directly to the District Attorney's office.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).