[HISTORY: Adopted by the Village Board of the Village of Randolph 10-7-1998 by Ord. No. 351 as Title 11, Chapter 5, of the 1998 Code. Amendments noted where applicable.]
Curfew established. It shall be unlawful for any juvenile under age 17 to be on foot, bicycle or in any type of vehicle on any public street, avenue, highway, road, alley, park, school grounds, place of amusement and entertainment, cemetery, playground, public building or any other public place in the Village of Randolph between the hours of 10:30 p.m. and 6:00 a.m. on Sunday, Monday, Tuesday, Wednesday and Thursday, or between the hours of 12:00 midnight and 6:00 a.m. on Friday and Saturday, unless accompanied by his or her parent, legal guardian, or person having lawful custody and control of his or her person, or unless there exists a reasonable necessity therefor. The fact that said juvenile, 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.
This section shall not apply to a juvenile:
Who is performing an errand as directed by his or her parent, guardian or person having lawful custody.
Who is on his or her own premises or in the areas immediately adjacent thereto.
Whose employment makes it necessary to be upon the streets, alleys or public places or in any motor vehicle during such hours.
Who is returning home from a supervised school, church or civic function, but not later than 60 minutes after the ending of such function.
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.
Parental responsibility. It shall be unlawful for any parent, guardian or other person having the lawful care, custody and control of any person under age 17 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 under age 17 to violate this section.
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 or her apprehension to his or 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 police officer may make such necessary arrangements as may be necessary under the circumstances for the juvenile's welfare.
Warning and penalty.
Warning. The first time a juvenile is detained by a law enforcement officer of the Village, as provided in Subsection D, such juvenile and the parent, guardian or person having legal custody of such juvenile shall be advised as to the provisions of this section and further advised that any violation of this section occurring thereafter by such juvenile or any other juvenile under the care of such parent, guardian or person having legal custody shall result in a penalty being imposed as hereinafter provided.
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 E(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 $25 nor more than $100, 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 or she knows to be stolen.
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.
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 any civil law or municipal ordinance, "juvenile" does not include a person who has attained 17 years of age.
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 Randolph and may be prosecuted utilizing the same procedures in such cases as are applicable to adults charged with the same offense.
No incarceration as penalty. The court shall not impose incarceration as a penalty for any person convicted of an offense prosecuted under this section.
Additional prohibited acts. In addition to any other provision of the Village of Randolph 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.
Penalty for violations of Subsection E. Any juveniles who shall violate the provisions of Subsection E shall be subject to the same penalties as are provided in § 1-4 of this Code, exclusive of the provisions therein relative to commitment in the county jail.
Editor's Note: Original §§ 11-5-6, Possession, manufacture and delivery of drug paraphernalia by a minor prohibited, and 11-5-7, Truancy, which immediately followed this section, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See now Ch. 260, Peace and Good Order.
Subsection A applies when the following conditions are present:
Subsection A does not apply to any of the following:
A person operating a runaway home in compliance with § 48.227, Wis. Stats.;
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
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. 48 or 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.
Authority. This section is adopted pursuant to the authority granted by § 66.0107 and Ch. 948, Wis. Stats.
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 Municipal 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., and includes the list of offenses in Subsections (a) to (s) of § 939.22(21) and the offenses designated in this chapter and the following chapters of this Code: Chapter 106, Adult Uses, Chapter 220, Intoxicating Liquor and Fermented Malt Beverages, Article II, Sale, Possession or Consumption in Public Areas, Chapter 248, Nuisances, and Chapter 260, Peace and Good Order.
- 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.
It is unlawful for any person to engage in criminal gang activity.
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 Municipal Code referred to in the definition of "pattern of criminal gang activity" above.
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.
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.
Citation process. For violations of §§ 226-2 through 226-7, juveniles may be cited by the citation process on a form approved by the Village Attorney and 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.
Penalties. Violations of §§ 226-2 through 226-7 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. Nothing in this section shall prevent the juvenile officer, in his or her discretion, from referring cases directly to the District Attorney's office.