[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.]
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.
[Amended 3-13-2013]
(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.
[Amended 3-13-2013]
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.[1]
(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.
It shall be unlawful for any juvenile to possess a controlled
substance contrary to the Uniform Controlled Substances Act, Ch. 961,
Wis. Stats.
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.
It shall be unlawful for a person under the age of 17 to intentionally
receive or conceal property he/she knows to be stolen.
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.
ADULT
JUVENILE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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.
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.
A.
ACCEPTABLE EXCUSE
ACT OF COMMISSION OR OMISSION
HABITUAL TRUANT
TRUANCY
Definitions. For the purpose of this section, the following definitions
shall be applicable:
The meaning as defined in §§ 118.15 and 118.16(4),
Wis. Stats.
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.
A pupil who is absent from school without an acceptable excuse
for either of the following:
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.
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.
[Amended 3-13-2013]
G.
Contributing to truancy.
(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.[2]
[2]
Editor's Note: Original Subsection (g)(4), providing a definition
of "truancy," which followed this subsection, was repealed 3-13-2013.
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.
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.
[Amended 3-13-2013; 5-8-2019]
A.
Prohibition against sale of or availability of cigarettes, nicotine
and tobacco products.
(1)
Prohibition. It shall be a violation of this section for any retailer
to sell or give cigarettes, nicotine 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,
nicotine 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.
B.
Prohibition against use and purchase of cigarettes, nicotine and
tobacco products to persons under the age of 18 years.
(1)
CIGARETTE
DISTRIBUTOR
IDENTIFICATION CARD
JOBBER
LAW ENFORCEMENT OFFICER
MANUFACTURER
NICOTINE
RETAILER
SCHOOL
SUBJOBBER
TOBACCO PRODUCTS
VENDING MACHINE
VENDING MACHINE OPERATOR
Definitions. In addition, the following definitions are applicable:
Has the meaning given in § 139.30(1m), Wis. Stats.
A person specified under § 139.30(3) or 139.75(4),
Wis. Stats.
A license containing a photograph issued under Ch. 343, Wis.
Stats.
Has the meaning given in § 139.30(6), Wis. Stats.
Has the meaning given in § 30.50(4s), Wis. Stats.
Any person specified under § 139.30(7) or 139.75(5),
Wis. Stats.
Has the meaning given in § 134.66(1)(f), Wis. Stats.
Any person licensed under § 134.65(1), Wis. Stats.
Has the meaning given in § 118.257(1)(d), Wis.
Stats.
Has the meaning given in § 139.75(11), Wis. Stats.
Has the meaning given in § 139.75(12), Wis. Stats.
Has the meaning given in § 139.30(14), Wis. Stats.
Has the meaning given in § 139.30(15), Wis. Stats.
(2)
Purchase prohibitions. No person under the age of 18 years may do
any of the following:
(3)
Seizure of tobacco product. A law enforcement officer in whose presence
a violation of Subsection C(2) occurs shall seize any cigarette, nicotine
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.
[Amended 3-13-2013]
No person under the age of 18 years shall carry or possess a
lighted cigar, cigarette, nicotine product, 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.
A.
Authority. This section is adopted pursuant to the authority granted
by § 66.0107 and Ch. 938, Wis. Stats.
B.
CRIMINAL GANG
PATTERN OF CRIMINAL GANG ACTIVITY
UNLAWFUL ACT
Definitions. For purposes of this section, the following terms are
defined:
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.
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.
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.
