[Prior code § 9.28(1)]
A.
The purpose of this chapter is to reduce the incident of misconduct
by children within the Village by requiring proper supervision on
the part of the custodial parent of the child. It is the further purpose
and intent of this chapter to insure for the sake of the child and
the community, that the parent(s) make reasonable effort (according
to community standards) to positively influence and monitor over time,
the behavior choices of their minor children.
It is further the purpose and intent of this chapter to assist
families by allowing for parents to undertake a course of action that
will enhance their knowledge of effective parenting skills or otherwise
effectively address the nonconforming behaviors of their minor children.
B.
Definitions.
1.
CHILD — A person under the age of 17 years.
2.
CUSTODIAL PARENT — A parent of a minor child who has custody
of that child.
3.
CUSTODY — Either physical custody of a child under Section
767.23 or Section 767.24. Wis. Stats., custody of a child under stipulation
pursuant to Section 767.10, Wis. Stats., or actual physical custody
of the child. Custody does not include legal custody as defined under
Section 48.02(12), Wis. Stats., by an agency or a person other than
a child's birth or adoptive parent. In determining which parent
has custody of a child for purposes of this chapter, the court shall
consider which parent had responsibility for caring for and supervising
the child at the time of the child's ordinance violation or violations
occurred or at the time the act that caused the injury, damage or
loss occurred.
4.
CONSENT — The expressed or implied agreement of the parent(s)
with the acts or behavior of the child if, based on "knowledge" as
defined below, the parent cannot provide evidence of specific efforts
made by them, him/her, to mitigate or to sanction against the negative
behavior of the child.
5.
KNOWLEDGE — Any information the parent(s) could derive from
their proper and expected role(s) in relationship to their child or
information provided by other persons in authority to the child that
would cause the parent(s) to be able to anticipate those acts or behaviors
of the child which are subject of the violations under this section.
[Prior code § 9.28(2)]
A.
Parental Liability. The parent or parents with custody of a minor
child are liable for the cost of the repair or replacement of, or
the removal of the etching, marking, drawing, or writing from, property,
damaged as the result of a violation of a Village ordinance that prohibits
intentional etching, marking, drawing or writing with paint, ink or
other substance on the physical property of another or any damage
to without the owner's consent.
B.
Failure to Pay Restitution. If a child fails to pay restitution ordered
by the Village municipal court or where it is agreed to as part of
a deferred prosecution agreement between the Village and the juvenile
or if it appears likely that the child will not pay restitution as
ordered or agreed to, the victim, the victim's insurer, a representative
of the public interest, the Village attorney, or the agency supervising
the child may petition the Village municipal court to exercise its
jurisdiction and to order that the amount of restitution unpaid by
the child be entered and docketed as a judgment against the child
and the parent with custody of the child and in favor of the victim
or the victim's insurer, or both. A petition under this paragraph
may be filed after the expiration of the deferred prosecution agreement
or the time period under which restitution is payable, but no later
than one year after the expiration of a deferred prosecution agreement
or the municipal court's order. A judgment rendered under this
paragraph does not bar a victim or the victim's insurer, or both,
from commencing another action seeking compensation from the child
or their parent(s), or both, if the amount of restitution ordered
in this paragraph is less than the total amount of damages claimed
by the victim or the victim's insurer.
C.
Failure to Pay Forfeiture. If a child fails to pay a forfeiture as
ordered by the Village municipal court or if appears likely that the
child will not pay the forfeiture as ordered, the Village police department
may petition the court to order that the amount of the forfeiture
unpaid by the child be entered and docketed as a judgment against
the child and parent with custody of the child and in favor of the
Village. A petition under this paragraph may be filed no later than
one year after the time period in which the juvenile is given to pay
the forfeiture.
D.
Notice. The Village municipal court shall give the child and the
parent notice of the intent to issue the order and an opportunity
to be heard regarding the order. The court shall give the child and
the parent the opportunity to present evidence as to the amount of
restitution or forfeiture unpaid, but not as to the amount of the
restitution or forfeiture originally ordered. The court shall also
give the child and the parent an opportunity to present evidence as
to the reason for the failure to pay restitution or forfeiture and
the ability of the child or the parent to pay restitution or forfeiture.
In considering the ability of the child or parent to pay restitution
or forfeiture, the court may consider the assets, as well as the income,
of the child or the parent and may consider the future ability of
the child or parent to pay restitution or forfeiture.
E.
Right to Counsel. In proceedings under this chapter, the child and
the parent may retain counsel of their own choosing at their own expense,
but a child or the parent has no right to be represented by appointed
counsel in proceeding under this section.
F.
Community Service Work. The Village municipal court may order that
the child perform community service work for a public agency or nonprofit
organization that is designated by the Village municipal court in
lieu of making restitution or paying the forfeiture the Village of
municipal court may order that the parent perform community service
work for a public agency or a nonprofit charitable organization that
is designated by the court. Community service work may be in lieu
of restitution only if it is also agreed to by the public agency or
nonprofit charitable organization and by the person to whom restitution
is owed. The court may utilize any available resources including any
community service work program in ordering the child or parent to
perform community service work. The number of hours of community service
work required may not exceed the number determined by dividing the
amount owed on the restitution or forfeiture by the minimum wage established
under Chapter 104 of Wisconsin State Statutes for adults and nonagriculture,
nontipped employment. The Village municipal court shall insure that
the child or parent is provided with a written statement of the terms
of the community service order and that the community service order
is monitored.
G.
Maximum Amount of Recovery. Except for a recovery for retail theft
as set forth in Wisconsin State Statutes Section 943.51, the maximum
recovery from any parent or parents may not exceed the amount specified
in Section 799.01(1)(d), Wis. Stats., for damages resulting from any
one act of a child in addition to taxable costs and disbursements
and reasonable attorney's fees, as determined by the court.
[Prior code § 9.28(3)]
A.
Prohibited Conduct. Every custodial parent has a duty to properly
supervise his or her child. Any custodial parent whose child is convicted
of a violation of the Village municipal code twice in a six-month
period or three or more times within a twelve-month period, is guilty
of failing to properly supervise that child. The six or twelve-month
period shall be measured from the date of violation.
B.
Penalties. The offense described under Section 9.32.030(A) shall
be subject to a penalty of not more than $1,000.
C.
Defenses. It shall be a defense to the offense of failure to exercise
parental responsibility if the parent(s) can provide specific evidence
of ongoing participation in or recent completion of parenting classes,
family therapy, group counseling or AODA counseling which includes
the parent(s) or family. It shall be a defense to the offense of failure
to exercise parental responsibility if the parent(s) reported the
act(s) under section to the appropriate authorities.
