[HISTORY: Adopted by the Common Council of the City of Prescott
as Title 11, Ch. 5, of the former City Code. Amendments noted where
applicable.]
[Amended 5-29-2012 by Ord. No. 08-12; 5-27-2014 by Ord. No. 06-14]
A.
Curfew established.
(1)
It shall be unlawful for any person under 18 years of age to be on
foot, bicycle or in any type of vehicle on any public street, avenue,
highway, road, alley, school grounds, place of amusement and entertainment,
cemetery, playground, public building or any other public place in
the City of Prescott between the following hours:
|
Age
|
Hours
| |
|---|---|---|
|
Under age 16
|
10:00 p.m. to 6:00 a.m.
| |
|
Age 16 to 17
|
12:00 a.m. to 6:00 a.m.
|
(2)
Said child shall be accompanied by his or her parent or legal guardian,
or person having lawful custody and control of his or her person,
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 place during the aforementioned
hours shall be prima facie evidence that said child is there unlawfully
and that no reasonable excuse exists therefor.
B.
Exceptions.
(1)
This section shall not apply to a child:
(a)
Who is on his own premises or in the areas immediately adjacent
thereto.
(b)
Whose employment makes it necessary to be upon the streets,
alleys or public places or in any motor vehicle during such hours.
(c)
Who is returning home from a supervised school, church or civic
function, but not later than 30 minutes after the ending of such function.
(2)
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.
C.
Parental responsibility. It shall be unlawful for any parent, guardian or other person having the lawful care, custody and control of any person under 18 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 18 years of age to violate this section.
D.
Taking a child into custody.
(1)
Every law enforcement officer while on duty is hereby authorized to take into custody any child violating the provisions of Subsection A above. Children taken into custody shall be released from custody as soon as is reasonably possible. A person taking a child into custody shall make every effort immediately to release the child to the child's parent, guardian, or legal custodian or, if the parent, guardian, or legal custodian is unavailable, unwilling, or unable to provide supervision for the child, may release the child to a responsible adult and verbally counsel or warn as may be appropriate or, in the case of a runaway child, may release the child to a home authorized under § 48.227, Wis. Stats. The parent, guardian, legal custodian, or other responsible adult to whom the child is released shall sign a release for the child.
(2)
If the child is not released under Subsection D(1), the officer shall deliver the child to the Pierce County Juvenile Court intake worker in a manner determined by the court and law enforcement agencies, stating in writing with supporting facts the reasons why the child was taken into physical custody and giving any child 12 years of age or older a copy of the statement in addition to giving a copy to the intake worker. A juvenile violating these curfews regularly may be warned by an officer on duty in his discretion and sent home in lieu of taking the juvenile into custody.
(3)
If the child is believed to be suffering from a serious physical
condition, which requires either prompt diagnosis or prompt treatment,
the officer shall take such action as is required under § 48.20(4),
Wis. Stats. If the child is believed to be mentally ill, drug dependent,
or developmentally disabled and exhibits conduct which constitutes
a substantial risk of physical harm to the child or to others, the
officer shall take such action as is required under § 48.20(5),
Wis. Stats. If the child is believed to be an intoxicated person who
has threatened, attempted, or inflicted physical harm on himself or
herself or on another and is likely to inflict such physical harm
unless committed or is incapacitated by alcohol, the officer shall
take such action as is required under § 48.20(6), Wis. Stats.
E.
Warning and penalty.
(1)
Warning. The first time a child is detained by a law enforcement officer of the City, as provided in Subsection D, the parent, guardian or person having legal custody of such child shall be advised as to the provisions of this section and further advised that any violation of this section occurring thereafter by such child or any other child 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, guardian, or person having legal custody of a child 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 § 1-4 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 18 years of age who shall violate this section shall, upon conviction, be subject to a penalty as provided in § 1-4 of this Code.
It shall be unlawful for any person under the age of 17 to possess
a controlled substance contrary to the Uniform Controlled Substances
Act, Chapter 961 of the Wisconsin Statutes.
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.
A.
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.
B.
Provisions of ordinance applicable to persons 12 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 of Ordinances against persons 12 through 17 years of age may
be brought on behalf of the City of Prescott and may be prosecuted
utilizing the same procedures in such cases as are applicable to adults
charged with the same offense.
C.
No incarceration as penalty. The Court shall not impose incarceration
as a penalty for any person convicted of an offense prosecuted under
this section.
D.
Additional prohibited acts. In addition to any other provision of
the City of Prescott Code of Ordinances, no person age 12 through
17 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.
A.
Definition. In this section "drug paraphernalia" shall be defined
as provided in § 961.571(1), Wis. Stats.
[Amended 5-29-2012 by Ord. No. 08-12]
B.
Determination of drug paraphernalia. Determination of drug paraphernalia
shall be made in accordance with § 961.572, Wis. Stats.
[Amended 5-29-2012 by Ord. No. 08-12]
C.
Prohibited uses.
(1)
Possession of drug paraphernalia. No person who is under 17 years
of age may use, or possess with the primary intent to use, drug paraphernalia
to plant, propagate, cultivate, grow, harvest, manufacture, compound,
convert, produce, process, prepare, test, analyze, pack, repack, store,
contain, conceal, inject, ingest, inhale or otherwise introduce into
the human body a controlled substance or controlled substance analog
in violation of Ch. 961, Wis. Stats.
[Amended 5-29-2012 by Ord. No. 08-12]
(2)
Manufacture or delivery of drug paraphernalia. No person who is under
17 years of age may deliver, possess with intent to deliver, or manufacture
with intent to deliver drug paraphernalia, knowing that it will be
primarily used to plant, propagate, cultivate, grow, harvest, manufacture,
compound, convert, produce, process, prepare, test, analyze, pack,
repack, store, contain, conceal, inject, ingest, inhale or otherwise
introduce into the human body a controlled substance or controlled
substance analog in violation of Ch. 961, Wis. Stats.[1]
(3)
Delivery of drug paraphernalia by a minor to minor. Any person who is under 17 years of age who violates Subsection C(2) by delivering drug paraphernalia to a person under 17 years of age who is at least three years younger than the violator is guilty of a special offense.
(4)
Exemption. This section does not apply to manufacturers, practitioners,
pharmacists, owners of pharmacies and other persons whose conduct
is in accordance with Ch. 961, Wis. Stats. This section does not prohibit
the possession, manufacture or use of hypodermics, in accordance with
Ch. 961, Wis. Stats.
A.
Contributing to truancy prohibited.
(2)
Subsection A(1) does not apply to a person who has under his or her control a child who has been sanctioned under § 49.26(1)(h), Wis. Stats.
(3)
An act or omission contributes to a person being a truant, whether
or not the child 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 child to be a truant.
B.
Parent or guardian liability for truancy.
(1)
Except as provided under § 118.15(1)(b) to (d) and (4),
Wis. Stats., unless the child is excused under § 118.15(3),
Wis. Stats., or has graduated from high school, any person having
under 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)
Enforcement.
(a)
Except as provided under Subsection B(2)(b), or if a person has been found guilty of a misdemeanor under § 948.45, Wis. Stats., whoever violates this section may be penalized, if evidence has been provided by the school attendance officer 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., by a forfeiture pursuant to § 1-4 of this Code.
C.
Truancy and habitual truancy prohibited.
(1)
In this section:
(a)
"Habitual truant" has the meaning given in § 118.16(1)(a),
Wis. Stats.
(b)
"Operating privilege" has the meaning given in § 340.01(40),
Wis. Stats.
(c)
"Truant" means 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.
(2)
A person under 18 years of age is prohibited from being a truant.
Upon a finding that a person is a truant, one or more of the following
dispositions may be imposed by the Court:
(a)
An order for the person to attend school.
(b)
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 amount 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
(3)
A person under 18 years of age is prohibited from being a habitual
truant. Upon a finding that a person is a habitual truant, and upon
proof of compliance with § 118.16(5) and (5m), Wis. Stats.,
one or more of the following dispositions may be imposed by the court:
(a)
Suspension of the person's operating privilege for not less
than 30 days nor more than one year. The court may take possession
of any suspended license. If the court takes possession of a license,
it shall destroy the license. The court shall forward to the Department
of Transportation a notice stating the reason for and the duration
of the suspension.[1]
(b)
An order for the person to attend school.
(c)
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.
(d)
Any other reasonable conditions consistent with this subsection,
including a curfew, restrictions as to going to or remaining on specified
premises and restrictions on associating with other children or adults.
(e)
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.
(4)
A person who is under 17 years of age on the date of disposition
is subject to § 938.342, Wis. Stats.
(5)
The provisions of Chapter 938 of the Wisconsin Statutes to the extent
necessary to full enforcement of the foregoing truancy and habitual
truancy ordinance, including all penalties and sanctions, are hereby
adopted and incorporated herein by reference, including specifically
but not limited to §§ 938.17, 938.342, 938.343, and
938.355(6) and (6m), Wis. Stats.[2]
The City of Prescott hereby adopts the following state statutes:
A.
Citation process. For violations of §§ 388-2 through 388-8, juveniles may be cited by the citation process on a form approved by the City Attorney which 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.
Adoption of state statutes for jurisdiction over children. Chapter
938, Wis. Stats., regarding municipal court jurisdiction is adopted
and included herein by reference, including future amendments.
C.
Penalties. Violations of §§ 388-2 through 388-8 by a person under the age of 18 shall be punishable according to §§ 938.17(2), 938.343, 938.344 and 938.345 of the Wisconsin Statutes. Nothing in this section shall prevent the juvenile officer, in his discretion, from referring cases directly to the District Attorney's office.
