[HISTORY: Adopted by the City Council of
the City of Weyauwega 5-21-2001 by Ord. No. 2001-01 as Title 11, Ch. 5
of the 2001 Code. Amendments noted where applicable.]
A.
Curfew established.
(1)
It shall be unlawful for any juvenile age 16 or under
to be on foot or in any type of vehicle on any public street, avenue,
highway, road, alley, park, school ground, place of amusement and
entertainment, cemetery, playground, swimming beach, public building
or any other public place in the City of Weyauwega between the hours
of 10:00 p.m. and 6:00 a.m. 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.
[Amended 12-16-2002 by Ord. No. 2002-04]
(2)
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/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 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, legal guardian or other person having the lawful care, custody and control of any person age 16 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 under age 16 to violate this section.[1]
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 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 police
officer may make such necessary arrangements as may be necessary under
the circumstances for the juvenile's welfare.
E.
Warning and penalty.
(1)
Warning. The first time a juvenile is taken into custody by a law enforcement officer as provided in Subsection D above, such juvenile's parent, legal guardian or person having legal custody 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, legal guardian or person having legal custody shall result in a penalty being imposed as hereinafter provided.[2]
(2)
Penalty.
(a)
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 § 1-3 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.
It shall be unlawful for any person under age
17 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 ordinance 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 of Ordinances
against juveniles may be brought on behalf of the City of Weyauwega
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 City of Weyauwega Code of Ordinances, 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 § 1-1-3 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 prohibited, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See Ch. 961, Subch. VI, Drug Paraphernalia, Wis. Stats., adopted by reference in § 370-1 of this Code.
A.
ACCEPTABLE EXCUSE
ACT OF COMMISSION OR OMISSION
DROPOUT
HABITUAL TRUANT
OPERATING PRIVILEGE
TRUANT
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 child who has ceased to attend school, does not attend
a public or private school, technical college or home-based private
educational program on a full-time basis, has not graduated from high
school and does not have an acceptable excuse under § 118.15(1)(b)
to (d) or (3), Wis. Stats.
A pupil who is absent from school without an acceptable excuse
under §§ 118.15 and 118.16(4), Wis. Stats., for part
or all of five or more days on which school is held during a school
semester.
Has the meaning given in § 340.01(40), Wis. Stats.[1]
A pupil who is absent from school without an acceptable excuse
under §§ 118.15 and 118.16(4), Wis. Stats., for part
or all of any day on which school is held during a school semester.
B.
Truancy. No person under 18 years of age shall be
truant. Upon conviction thereof, the following dispositions are available
to the court:
(1)
An order for the person to attend school.
(2)
A forfeiture of not more than $50 plus costs for a
first violation, or a forfeiture of not more than $100 plus costs
for any second or subsequent violation committed within 12 months
of a previous violation, subject to § 938.37, Wis. Stats.,
and subject to a maximum cumulative forfeiture of not more than $500
for all violations committed during a school semester. All or part
of the forfeiture plus costs may be assessed against the person, the
parents or guardian of the person, or both.
C.
Habitual truancy.
(1)
No person under 18 years of age shall be a habitual
truant.
(2)
If the court determines that a person is a habitual
truant, the court may order one or more of the following dispositions:
(a)
Suspension of the person's operating privilege
for not less than 30 days nor more than one year. The court shall
immediately take possession of any suspended license and forward it
to the Wisconsin Department of Transportation together with a notice
stating the reason for and the duration of the suspension.
(b)
An order for the person to participate in counseling
or a supervised work program or other community service work as described
in § 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.
(c)
An order for the person to remain at home except
during hours in which the person 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 person
to leave his/her home if the child is accompanied by a parent or guardian.
(d)
An order for the person to attend an educational
program as described in § 938.34(7d), Wis. Stats.
(e)
An order for the Wisconsin Department of Workforce
Development to revoke, under § 103.72, Wis. Stats, a permit
under § 103.70, Wis. Stats., authorizing the employment
of the person.
(f)
An order for the person to be placed in a teen
court program as described in § 938.342(lg)(f), Wis. Stats.
(g)
An order for the person to attend school.
(h)
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 parents or guardian
of the person, or both.
(i)
An order placing the person under formal or
informal supervision, as described in § 938.34(2), Wis.
Stats., for up to one year.
(j)
An order for 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.
(k)
Any other reasonable conditions consistent with
this section, including a curfew, restrictions as to going to or remaining
on specified premises and restrictions on associating with other children
or adults.
D.
Dropouts.
(1)
No person who is at least 16 years of age but is less
than 18 years of age may be a dropout.
(2)
If the court determines that a person is at least
16 years of age but is less than 18 years of age and is a dropout,
the court may suspend the person's operating privilege until the person
reaches the age of 18. The court shall immediately take possession
of any suspended license and forward it to the Wisconsin Department
of Transportation, together with a notice stating the reason for and
the duration of the suspension.
E.
Dispositional orders and sanctions. The court is hereby
authorized to exercise each and every kind of authority granted to
courts under Wisconsin law. Specifically, the court is hereby authorized
to exercise the authority granted to it in § 938.355, Wis.
Stats., and is hereby authorized to exercise the authority granted
it in § 938.355(6m), Wis. Stats.[2]
F.
Failure to cause a child to attend school regularly.
(1)
Unless the child is excepted or excused under § 118.15,
Wis. Stats., or has graduated from high school, any person having
under his/her control a child who is between the ages of six and 18
years shall cause the child to attend school regularly during the
full period and hours, religious holidays excepted, that the public
or private school in which the child should be enrolled is in session
until the end of the school term, quarter or semester of the school
year in which the child becomes 18 years of age.
(2)
This subsection does not apply:
(a)
To a person who has under his/her control a
child who has been sanctioned under § 49.26(1)(h), Wis.
Stats.
(b)
To a person who proves that he/she is unable
to comply with the requirements of this section because of the disobedience
of the child, in which case the action shall be dismissed and the
juvenile officer or law enforcement authority shall refer the case
to the District Attorney's office.
(c)
Unless evidence has been provided by the school
attendance office that the activities under § 118.16(5),
Wis. Stats., have been completed or were not required to be completed
as provided in § 118.16(5m), Wis. Stats.
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 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]
[Amended 12-17-2018 by Ord. No. 2018-4]
No person shall use or possess any tobacco products
within any school building, upon school property, during school-sponsored
activities, or in any vehicle used for school purposes. Tobacco products
include smokeless tobacco (chew), pipe tobacco, cigarettes, electronic
"vapor" e-cigarettes, Juuls, other forms of cigarettes, or tobacco
look-alike, nicotine, or other material that can be smoked.
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.
As defined in § 939.22(21), Wis. Stats., including 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 the Municipal Code: Chapter 175, Adult Uses and Sexually Explicit Conduct, Chapter 300, Article II, Offenses Involving Alcoholic Beverages, Chapter 357, Nuisances, and Chapter 370, Peace and Good Order.
[Amended 7-19-2010 by Ord. No. 2010-02]
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" in Subsection B 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.
[Amended 7-19-2010 by Ord. No. 2010-02]
A.
Citation process. For violations of §§ 344-2 through 344-9, juveniles may be cited by the citation process on a form approved by the City Attorney and 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. Except as otherwise provided herein, violations of §§ 344-2 through 344-9 by a person under the age of 18 shall be punishable according to § 1-3 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/her discretion, from referring cases directly to the District Attorney's office.