Village of Neshkoro, WI
Marquette County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Neshkoro 4-5-1999 as Title 11, Ch. 5, of the 1999 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Citations — See Ch. 22.
Alcohol beverages — See Ch. 312, Art. I.
Peace and good order — See Ch. 385.
A. 
Curfew established. It shall be unlawful for any juvenile age 17 or under to be on foot, bicycle or in any type of vehicle on any public street, avenue, highway, road, alley, park, swimming beach, cemetery, school grounds, place of amusement and entertainment, playground, public building or any other public place in the Village of Neshkoro between the hours of 11:00 p.m. and 5:00 a.m. from June 1 through September 1, and between the hours of 10:00 p.m. to 5:00 a.m. from September 2 through May 31, 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 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 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, legal 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 a law enforcement officer shall not be considered to have allowed or permitted any juvenile age 17 or under 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 a law enforcement officer 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]
(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, personally, if known, or by registered mail, 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 D(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 age 17 or under who shall violate this section shall, upon conviction thereof, forfeit not less than $1 nor more than $25, together with the costs of prosecution.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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/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. 
Definition of "adult" and "juvenile."
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 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 Neshkoro 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 Neshkoro 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: Subsections G through J, which immediately follow this subsection, originally appeared in the Code of Ordinances as Sec. 1-1-6(d) through (g), and were moved to this section at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
G. 
Court authority to impose alternative juvenile dispositions and sanctions.
(1) 
For a juvenile adjudged to have violated an ordinance, a court is authorized to impose any of the dispositions listed in §§ 938.343 and 938.344, Wis. Stats., in accordance with the provisions of those statutes and this section.
(2) 
For a juvenile adjudged to have violated an ordinance who violates a condition of a dispositional order of the court under §§ 938.343 or 938.344, Wis. Stats., the Municipal Court is authorized to impose any of the sanctions listed in § 938.355(6)(d), Wis. Stats., in accordance with the provisions of those statutes.
(3) 
This section is enacted under the authority of § 938.17(2)(cm), Wis. Stats.
H. 
Juvenile disposition alternatives for alcohol/drug offenses.
(1) 
Penalties.
(a) 
If a juvenile is found to have engaged in underage drinking of alcohol, drinking of alcohol on school premises or at a school-sponsored activity, falsifying proof of age, possessing drug paraphernalia, or delivery of drug paraphernalia to a minor in violation of Village ordinances, the Court may order any of the following:
[1] 
A forfeiture;
[2] 
Suspension or revocation of the juvenile's driver's license; and/or
[3] 
Participation in a supervised work program.
(b) 
After ordering any of the above penalties, the Court may, with the juvenile's agreement, enter an additional order staying the execution of the penalty order and suspending or modifying the penalty imposed and may require the juvenile to do any of the following:
[1] 
Submit to an alcohol or other drug abuse (AODA) assessment;
[2] 
Participate in an outpatient AODA treatment program if an AODA assessment recommends treatment; and/or
[3] 
Participate in an AODA education program.
(2) 
In addition to the dispositions listed above, the Court may order a juvenile to participate in a teen court program if the following conditions are satisfied:
(a) 
The Chief Judge of the Judicial Administrative District has approved a teen court program established in the juvenile's county of residence and the judge determines that participation in the court program will likely benefit the juvenile and the community;
(b) 
The juvenile admits or pleads no contest to the allegations that the juvenile was truant in open court with the juvenile's parent, guardian or legal custodian present; and/or
(c) 
The juvenile has not successfully completed participation in a teen court program during the two years before the date of the alleged violation.
(3) 
If the Court finds that a juvenile's parent or guardian is unable to provide or refuses to provide court-ordered AODA services for juvenile through his or her health insurance or other third-party payments, the Court may order the parent or health insurer to pay.
(4) 
If payment is not attainable as described in Subsection E(3) above, the Court may order the municipality to pay for any AODA services so ordered.
I. 
Dispositional alternatives for other ordinance violations. The Court may impose one or more of the following dispositional alternatives against a juvenile found to have violated a municipal ordinance for which no penalty is otherwise provided, as follows:
(1) 
Counseling for the juvenile and/or the parent or guardian.
(2) 
A forfeiture not to exceed the maximum forfeiture that may be imposed on an adult for committing the same violation. If the forfeiture is for a violation that is only applicable to a juvenile, the maximum forfeiture amount is $100 plus costs.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(3) 
Suspend a fishing, hunting or driving license from 90 days to five years for failure to pay the forfeiture.
(4) 
Order the juvenile to participate in a supervised work program or other community service work.
(5) 
Order participation in an AODA assessment, an outpatient AODA treatment or an AODA education program.
(6) 
Order participation in a pupil assistance program provided by the juvenile's school, provided the juvenile's school agrees.
(7) 
In addition to the dispositions listed above, the Court may order a juvenile to participate in a teen court program if the following conditions are satisfied:
(a) 
The Chief Judge of the Judicial Administrative District has approved a teen court program established in the juvenile's county of residence and the judge determines that participation in the court program will likely benefit the juvenile and the community.
(b) 
The juvenile admits or pleads no contest to the allegations that the juvenile was truant in open court with the juvenile's parent, guardian or legal custodian present.
(c) 
The juvenile has not successfully completed participation in a teen court program during the two years before the date of the alleged violation.
J. 
Violation of juvenile dispositional orders. The Court may impose the following sanctions on a juvenile who has violated a Village ordinance and who has violated a condition of his or her dispositional order:
(1) 
Suspend the juvenile's operating privilege for a period of not more than 90 days;
(2) 
Detain the juvenile in his or her home or current residence for not more than 30 days without electronic monitoring; and/or
(3) 
Order not more than 25 hours of community service work in a supervised work program.[3]
[3]
Editor's Note: Original Sec. 11-5-6, Possession, manufacture and delivery of drug paraphernalia by a minor prohibited, which immediately followed this section, was renumbered as § 385-14 at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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.
HABITUAL TRUANT
A pupil who is absent from school without an acceptable excuse for either of the following:
(1) 
Part or all of five or more days out of 10 consecutive days in which school is held during a school semester.
(2) 
Part or all of 10 or more days in which school is held during a school semester.
TRUANCY
Any absence of part or all of one or more days from school during which the school attendance officer, principal or teacher has not been notified of the legal cause of such absence by the parent or legal guardian of the absent pupil. Intermittent attendance carried on for the purpose of defeating the intent of § 118.15, Wis. Stats., shall also be considered truancy.
B. 
Prohibition against habitual truant. Any person attending school in the Village between the ages of six years and 18 years, subject to the exceptions found under § 118.15, Wis. Stats., is prohibited from becoming a "habitual truant," as the term is defined in this section. Any law enforcement officer in this Village is authorized to issue a citation to any such person who is determined to be a habitual truant under the terms of this section.
C. 
Preconditions to issuance of citation. Prior to the issuance of any citation, the district school attendance officer shall provide evidence to the pertinent law enforcement officer that appropriate school personnel in the school in which the juvenile is enrolled has, within the school year during which the truancy occurred:
(1) 
Met with or attempted to meet with the juvenile's parent or legal guardian to discuss the juvenile's truancy.
(2) 
Provided an opportunity for educational counseling to the juvenile and considered curriculum modifications.
(3) 
Evaluated the juvenile to determine whether learning problems are the cause of the truancy and, if so, taken steps to overcome the learning problems.
(4) 
Conducted an evaluation to determine whether social problems are the cause of the juvenile's truancy and, if so, taken appropriate action or made appropriate referrals.
D. 
Form of citation. Any citation issued shall be returnable in Court in the same manner as all other ordinance citations are returnable. The citation is to state on its face that this is a "must appear" citation and no forfeiture amount is to be written on the face of the citation.
E. 
Disposition. Upon a finding that the juvenile is habitually truant, the following dispositions are available to the Court:
(1) 
Suspension of operating privileges. Suspend the juvenile's operating privileges, as defined in § 340.01(40), Wis. Stats., for not less than 30 days nor more than 90 days. The Judge shall immediately take possession of the suspended license and forward it to the Department of Transportation of the State of Wisconsin, together with a notice setting forth the reason for and duration of the suspension.
(2) 
Counseling, service or work program. Order the juvenile to participate in counseling, community service or a supervised work program under § 938.34(5g), Wis. Stats.
(3) 
In-house restraint. Order the juvenile to remain at home except for the hours in which the juvenile 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 juvenile to leave home if the juvenile is accompanied by a parent or legal guardian.
(4) 
Educational programs. Order the juvenile to attend an educational program as set forth in § 938.34(7)(d), Wis. Stats.
(5) 
Revocation of work permits. Order the Department of Workforce Development to revoke a work permit to the juvenile.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(6) 
Teen court program. Order the juvenile to be placed in a teen court program if all of the following conditions apply:
(a) 
The Chief Judge of the Judicial Administrative District has approved a teen court program established in the juvenile's county of residence and the judge determines that participation in the court program will likely benefit the juvenile and the community;
(b) 
The juvenile admits or pleads no contest to the allegations that the juvenile was truant in open court with the juvenile's parent, legal guardian or legal custodian present; and
(c) 
The juvenile has not successfully completed participation in a teen court program during the two years before the date of the alleged violation.
(7) 
Parental counseling. Order the parent, legal guardian or legal custodian of a habitually truant juvenile to participate in counseling at his or her own expense.
F. 
Required school attendance.
(1) 
Violations. Any person having under his/her control a juvenile who is between the ages of six years and 18 years, subject to the exceptions found in § 118.15, Wis. Stats., shall cause the juvenile to attend school regularly during the full period and hours that the public or private school in which the juvenile shall be enrolled is in session until the end of the school term, quarter or semester of the school year in which the juvenile becomes 18 years of age.
(2) 
Exceptions.
(a) 
A person will not be found in violation of this subsection if that person can prove that he/she is unable to comply with the provisions of this section because of the disobedience of the juvenile. The juvenile shall be referred to the court assigned to exercise jurisdiction under Ch. 938, Wis. Stats.
(b) 
A person will not be found in violation of this subsection if he/she has a juvenile under his/her control and the child has been sanctioned under § 49.26(1)(h), Wis. Stats.
(3) 
Proof required for exacting a penalty. Before a person may be found guilty of violating this section, the school attendance officer must present evidence to the Court that the activities under § 118.16(5), Wis. Stats., have been completed by the school system. If that evidence has been presented to the Court and if the Court finds a person guilty of violating this section, a forfeiture may be assessed as hereinafter provided.
G. 
Contributing to truancy.[2]
(1) 
Except as provided in Subsection A(4), any person 18 years of age or older, who, by an act or omission, knowingly encourages or contributes to the truancy, as defined in Subsection A, of a juvenile shall be subject to a forfeiture pursuant to § 1-4 of this Code.
(2) 
Subsection G(1) above does not apply to a person who has under his or her control a juvenile who has been sanctioned under § 49.26(1)(h), Wis. Stats.
(3) 
An act or omission contributes to the truancy of a child, whether or not the juvenile is adjudged to be in need of protection or services, if the natural and probable consequences of that act or omission would be to cause the juvenile to be a truant.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
H. 
Parent or legal guardian liability for truancy.
(1) 
Unless the juvenile is excepted or excused under § 118.15, Wis. Stats., or has graduated from high school, any person having under control a juvenile who is between the ages of six years and 18 years shall cause the juvenile to attend school regularly during the full period of hours, religious holidays excepted, that the public or private school in which the juvenile should be enrolled is in session until the end of the school term, quarter or semester of the school year in which the juvenile becomes 18 years of age.
(2) 
Penalty; applicability.
(a) 
A person found to have violated Subsection H(1) above, after evidence is provided by a school official that the activities under § 118.16(5), Wis. Stats., have been completed, shall be subject to a forfeiture pursuant to § 1-4 of this Code.
(b) 
Subsection H(2)(a) above does not apply to a person who has under his or her control a juvenile who has been sanctioned under § 49.26(1)(h), Wis. Stats., nor does it apply if the person proves that he or she is unable to comply with Subsection H(1) because of the disobedience of the juvenile.
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 § 48.19, 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 Chs. 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.
A. 
Definition of tobacco products. For the purposes of this section, "tobacco products" means any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacco.
B. 
Purchase by minors prohibited. It shall be unlawful for any person under the age of 18 years to purchase tobacco products, or to misrepresent their identity or age or to use any false or altered identification for the purpose of purchasing tobacco products.
C. 
Possession by minors prohibited. It shall be unlawful for any person under the age of 18 years to posses any tobacco products, provided that the possession by a person under the age of 18 years under the direct supervision of the parent or legal guardian of such person in the privacy of the parent's or legal guardian's home shall not be prohibited.
D. 
Statutes adopted. The provisions of §§ 254.92, 134.66 and 778.25(1)(a), Wis. Stats., are adopted by reference and incorporated herein.
No person under the age of 18 years shall carry or possess a lighted cigar, cigarette, pipe or any other lighted smoking equipment or tobacco product restricted by state law on public property within 500 feet of a school grounds within the Village of Neshkoro between the hours of 7:00 a.m. and 5:00 p.m.
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 as follows:
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 Village's Code chapters referred to in the definition 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
The same meaning as the definition in § 939.22(21), Wis. Stats., the list of offenses in subsections (a) to (s) of that section and in Chapters 165, 312, 326, 368 and 385 of this Code.[1]
UNLAWFUL ACT
Includes a violation of any of the Code chapters referred to in the definition above or any criminal act or act that would be criminal if the actor were an adult.
[1]
Editor's Note: See Chs. 165, Adult Uses and Massage Establishments; 312, Intoxicating Liquor and Fermented Malt Beverages; 326, Juveniles; 368, Nuisances; and 385, Peace and Good Order.
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 chapters of the Code referred to 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.
A. 
Citation process. For violations of §§ 326-2 through 326-10, 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 carbon copy will be mailed to the parent or legal guardian.
B. 
Penalties. Violations of §§ 326-2 through 326-11 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/her discretion, from referring cases directly to the District Attorney's office.