[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.]
A.
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.
B.
Exceptions.
(1)
This section shall not apply to a juvenile:
(a)
Who is performing an errand as directed by his or her parent,
guardian or person having lawful custody.
(b)
Who is on his or 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 60 minutes after the ending of such function.
(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, 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.
D.
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.
E.
Warning and penalty.[1]
(1)
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.
(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 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.
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 any
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 Randolph 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 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.
F.
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.[1]
[1]
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.
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. 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.[1]
A.
Authority. This section is adopted pursuant to the authority granted
by § 66.0107 and Ch. 948, 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 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.
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.
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 Municipal 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 §§ 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.[1]
B.
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.