[HISTORY: Adopted by the Village Board of the Village of Luck 1-6-1988 as Title 9, Ch. 6, of the 1988 Code. Amendments noted where applicable.]
It shall be unlawful for any person under 16 years of age to be on foot, bicycle or in any type of vehicle on any public street, avenue, highway, road, alley, park, school grounds, swimming beach, cemetery, playground, public building or any other public place in the Village of Luck between the hours of 10:00 p.m. and 5:00 a.m. unless accompanied by his or her parent or 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 child, unaccompanied by a parent, 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 child is there unlawfully and that no reasonable excuse exists therefor.
This section shall not apply to a child:
Who is performing an errand as directed by his parent, guardian or person having lawful custody.
Who is on his own premises or in the areas immediately adjacent thereto.
Whose employment makes it necessary to be upon the streets, alleys or public places or in any motor vehicle during such hours.
Who is returning home from a supervised school, church or civic function.
These exceptions shall not, however, permit a child to unnecessarily loiter about the streets, alleys or public places or be in a parked motor vehicle on the public streets.
It shall be unlawful for any parent, guardian or other person having the lawful care, custody and control of any person under 16 years of age 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, 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, 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 person under 16 years of age to violate this section.
It shall be unlawful for any person, firm or organization operating or in charge of any place of amusement, entertainment or refreshment or other place of business to permit any minor under 16 years of age to loiter, loaf or idle in such place during the hours prohibited by this section. Whenever the owner or person in charge or in control of any place of amusement, entertainment or refreshment or other place of business during the hours prohibited by this section shall find persons under 16 years of age loitering, loafing or idling in such place of business, he shall immediately order such person to leave, and if such person refuses to leave said place of business, the operator shall immediately notify the Police Department and inform it of the violation.
Every law enforcement officer is hereby authorized to detain any minor violating the provisions above until such time as the parent, guardian or person having legal custody of the minor 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 minor and shall sign a release for him or her. If no response is received, the police shall take whatever action is deemed necessary in the best interest of the minor.
The first time a minor is detained by a law enforcement officer of the Village, as provided in Subsection E, such minor and the parent, guardian or person having legal custody of such minor 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 minor or any other minor under the care of such parent, guardian or person having legal custody shall result in a penalty being imposed as hereinafter provided.
Any parent, guardian or person having legal custody of a child described in Subsections A through E of this section who has been warned in the manner provided in Subsection F and who thereafter violates any of the provisions of 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 child, the action shall be dismissed and the child shall be referred to the court assigned to exercise jurisdiction under Ch. 48, Wis. Stats.
Any minor person under 16 years of age who shall violate this section shall, upon conviction thereof, forfeit not less than $1 nor more than $25, together with the cost of prosecution.
It shall be unlawful for any person under the age of 18 to possess a controlled substance contrary to the Uniform Controlled Substances Act, Ch. 961, Wis. Stats.
Definitions. For the purpose of construction and application of this section, the following definitions shall apply:
- EDUCATIONAL FACILITY
- Any building or property owned by the school district used principally for education purposes or school-related events in which a school is located or a course of instruction or training program is offered that has been approved or licensed by a state agency or board.
- ELECTRONIC DELIVERY DEVICE
- Any component part of such a product, whether or not sold separately. "Electronic delivery device" shall not include any product that has been approved or otherwise certified by the United States Food and Drug Administration for legal sales for use in tobacco cessation treatment or other medical purposes, and is being marketed and sold solely for that approved purpose.
- An individual who is less than 18 years of age.
- PERSON WHO SELLS TOBACCO PRODUCTS AT RETAIL
- A person whose ordinary course of business consists, in whole or in part, of the retail sale of tobacco products subject to the state sales tax.
- PERSON WHO SELLS VAPOR PRODUCTS AT RETAIL
- A person whose ordinary course of business consists, in whole or in part, of the retail sale of vapor products.
- POSSESSION OF A TOBACCO PRODUCT
- Either actual physical control of the tobacco product without necessarily owning that product, or the right to control the tobacco product even though it is in a different room or place than where the person is physically located.
- PUBLIC PLACE
- A public street, sidewalk, or park or any area open to the general public in a publicly owned or operated building or premises, or in a public place of business or school.
- TOBACCO PRODUCT
- A product that contains tobacco and is intended for human consumption, including, but not limited to, cigarettes, non-cigarette smoking tobacco, or smokeless tobacco, as those terms are defined in Section 2 of the Tobacco Products Tax Act, and cigars. Tobacco product does not include a vapor product or a product regulated as a drug or device by the United States Food and Drug Administration.
- USE A TOBACCO PRODUCT OR VAPOR PRODUCT
- To smoke, chew, suck, inhale, or otherwise consume a tobacco product or vapor product.
- VAPOR PRODUCT
- Any product containing or delivering nicotine, lobelia, or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of vapor from the product.
Editor's Note: See MCLA § 205.422.
Consistent with § 254.92, Wis. Stats., a minor shall not do any of the following:
Purchase or attempt to purchase a tobacco product or vapor product.
Possess or attempt to possess a tobacco product or vapor product.
Use a tobacco product or vapor product in a public place.
Present or offer to an individual a purported proof of age that is false, fraudulent, or not actually his or her own proof of age for the purpose of purchasing, attempting to purchase, possessing, or attempting to possess a tobacco product or vapor product.
No individual, regardless of age, who is enrolled in school, or is of school age, may possess or attempt to possess a tobacco product or vapor product while on school property.
It shall be unlawful for any person to smoke in any educational facility or outside on the property of any educational facility between the facility and the public sidewalks.
Subsection B(1) does not apply to a minor participating in any of the following:
An undercover operation in which the minor purchases or receives a tobacco product or vapor product under the direction of the minor's employer and with the prior approval of the local prosecutor's office as part of an employer-sponsored internal enforcement action.
An undercover operation in which the minor purchases or receives a tobacco product or vapor product under the direction of the state police or a local police agency as part of an enforcement action, unless the initial or contemporaneous purchase or receipt of the tobacco product or vapor product by the minor was not under the direction of the state police or the local police agency and was not part of the undercover operation.
Compliance checks in which the minor attempts to purchase tobacco products for the purpose of satisfying federal substance abuse block grant youth tobacco access requirements, if the compliance checks are conducted with the prior approval of the state police or a local police agency.
Subsection B(1) does not apply to the handling or transportation of a tobacco product or vapor product by a minor under the terms of that minor's employment.
Furnishing to minors. Consistent with § 134.66, Wis. Stats.:
A person shall not sell, give or furnish any vapor product to a minor, including, but not limited to, through a vending machine. A person who violates this subsection is subject to a fine of not more than $150 for each violation.
Subsection C(1) of this section does not apply to the handling or transportation of a tobacco product or vapor product by a minor under the terms of the minor's employment.
Before selling, offering for sale, giving, or furnishing a vapor product to an individual, a person shall verify that the individual is at least 18 years of age by doing one of the following:
Examining a government-issued photographic identification that establishes that the individual is at least 18 years of age.
For sales made by the internet or other remote sales method, performing an age verification through an independent, third-party age verification service that compares Information available from a commercially available database, or aggregate of databases, that are regularly used by government agencies and businesses for the purpose of age and identity verification to the personal information entered by the individual during the ordering process that establishes that the individual is 18 years of age or older.
It shall be unlawful for any person under the age of 18, 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 18 to intentionally receive or conceal property he knows to be stolen.
Adoption of state statute. Section 938.17(2), Wis. Stats., is hereby adopted and by reference made a part of this section as if fully set forth herein.
Provisions applicable to persons 14 through 17 years of age. Subject to the provisions and limitations of § 938.17(2), Wis. Stats., complaints alleging a violation of any provision of this Code against persons 14 through 17 years of age may be brought on behalf of the Village of Luck and may be prosecuted utilizing the same procedures in such cases as are applicable to adults charged with the same offense.
No incarceration as penalty. The court shall not impose incarceration as a penalty for any person convicted of an offense prosecuted under this section.
Editor's Note: Original Sec. 9-6-5(d), Additional prohibited acts, and (e), Penalty for violations of Subsection (d), which immediately followed this subsection, were repealed 4-11-2012.
Citation process. For violations of §§ 388-2 through 388-5, juveniles may be cited by the citation process on a form approved by the Village Attorney 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.
Penalties. Violations of §§ 388-2 through 388-5 by a person under the age of 18 shall be punishable according to §§ 938.17(2), 938.343, 938.344 and 938.345, Wis. Stats. Nothing in this section shall prevent the juvenile officer, in his discretion, from referring cases directly to the District Attorney's office.