City of Weyauwega, WI Chapter 344 Minors

[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.]

§ 344-1 Curfew.

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]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

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] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(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.

(b) Any juvenile age 16 or under who shall violate this section shall, upon conviction thereof, forfeit not less than $5 nor more than $50, together with the costs of prosecution.[3]

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 344-2 Possession of controlled substances.

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.

§ 344-3 Petty theft.

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.

§ 344-4 Receiving stolen goods.

It shall be unlawful for a person under the age of 17 to intentionally receive or conceal property he/she knows to be stolen.

§ 344-5 City jurisdiction over juveniles.

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. Definitions. As used in this section, the following terms shall have the meanings indicated:

ADULT

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.

JUVENILE

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.

§ 344-6 Truancy.

A. Definitions. For the purpose of this section, the following definitions shall be applicable:

ACCEPTABLE EXCUSE

The meaning as defined in §§ 118.15 and 118.16(4), Wis. Stats.

ACT OF COMMISSION OR OMISSION

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.

DROPOUT

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.

HABITUAL TRUANT

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.

OPERATING PRIVILEGE

Has the meaning given in § 340.01(40), Wis. Stats.[1]

TRUANT

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.

[1] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

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]

[2] Editor's Note: Original Sec. 11-5-7(f), Adopted terms, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See Subsection A, Definitions.

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.

§ 344-7 Unlawful sheltering of minors.

A. No person shall intentionally shelter or conceal a minor child who:

(1) Is a runaway child, meaning a child who has run away from his or her parent, legal guardian or legal or physical custodian; or

(2) Is a child who may be taken into custody pursuant to § 938.19, Wis. Stats.

B. Subsection A applies when the following conditions are present:

(1) The person knows or should have known that the child is a child described in either Subsection A(1) or (2); and

(2) The child has been reported to a law enforcement agency as a missing person or as a child described in Subsection A(1) or (2).

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]

[1] Editor's Note: Original Sec. 11-5-9, Purchase or possession of tobacco products, which immediately followed this section, was deleted 7-19-2010 by Ord. No. 2010-02. See § 254.92, Wis. Stats., adopted by reference in § 370-1 of this Code.

§ 344-8 Smoking by minors on public property.

[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.

§ 344-9 Criminal gang activity.

A. Authority. This section is adopted pursuant to the authority granted by § 66.0107 and Ch. 948, Wis. Stats.

B. 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

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]

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.

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.

§ 344-10 Violations and penalties.

[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.