[HISTORY: Adopted by the Village Board of the Village of
Kimberly 10-3-1988 as Title 11, Ch. 6, of the 1988 Code. Amendments
noted where applicable.]
A.
Curfew established.
(1)
It shall be unlawful for any minor to loiter in or upon the public
streets, public sidewalks, public rights-of-way, highways, roads,
alleys, parks, public buildings, public property held open for use
by the public, vacant buildings, playgrounds of schools or school
grounds in the Village of Kimberly, either on foot or in or upon any
conveyance being driven or parked thereon, between the hours of 11:00
p.m. and 5:00 a.m. of the following day, unless accompanied by his
or her parent, guardian or adult person having legal custody or control.
For purposes of this section, "minor" means a person under 18 years
of age.[1]
(2)
"Loitering" means remaining idle in essentially one location and
shall include the concept of spending time idly, to be dilatory, to
linger aimlessly, to stay, to saunter, to delay, to stand around,
and shall also include the colloquial expression "hanging around."
B.
Exceptions.
(1)
This section shall not apply to a minor:
(a)
Who is performing an errand as directed by his/her parent, 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 minor 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 Fox Valley Metro Police Department shall not be considered to have allowed or permitted any person under 18 years of age to violate this section.[2]
D.
Taking a minor into custody.
(1)
Every law enforcement officer while on duty is hereby authorized to take into custody any minor violating the provisions of Subsection A above. Minors taken into custody shall be released from custody as soon as reasonably possible. A person taking a minor into custody shall make every effort immediately to release the minor to the minor's parent, guardian or legal custodian, or if the parent, guardian or legal custodian is unavailable, unwilling or unable to provide supervision for the minor, may release the minor to a responsible adult and verbally counsel or warn as may be appropriate or, in the case of a runaway minor, may release the minor to a home authorized under § 48.227, Wis. Stats. The parent, guardian, legal custodian, or other responsible adult to whom the minor is released shall sign a release for the minor.
(2)
If the minor is not released under this subsection, the officer shall
deliver the minor to the Outagamie 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 minor
was taken into physical custody, and giving any minor 12 years of
age or older a copy of the statement in addition to giving a copy
to the Intake Worker. A minor violating this curfew regularly may
be warned by an officer on duty, in his/her discretion, and sent home
in lieu of taking the minor into custody.
(3)
If the minor 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 minor is believed to be mentally ill, drug-dependent,
or developmentally disabled and exhibits conduct which constitutes
a substantial risk of physical harm to the minor or to others, the
officer shall take such action as is required under § 48.20(5),
Wis. Stats. If the minor 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 minor is taken into custody by a law enforcement officer as provided in Subsection D above, the parent, guardian or person having legal custody of such minor shall be advised as to the provisions of this section and further advised that any violation of this section occurring thereafter by this minor or any other minor under his or her care or custody shall result in a penalty being imposed as hereinafter provided.
(2)
Penalty. Any parent, guardian or person having legal custody of a minor 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 a defendant in a prosecution under this section proves that he or she is unable to comply with this section because of disobedience of the minor, the action shall be dismissed and the minor 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 no less than $1 nor more than $25, together with the costs 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.
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/she 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 applicable to persons 12 through 16 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 12 through 16 years of age may be brought on behalf of the
Village of Kimberly 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 Village of Kimberly Code, no person age 12 through 16 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.
[Amended 4-1-2019 by Ord.
No. 1-2019]
A.
CIGARETTE
DISTRIBUTOR
E-CIGARETTE
ELECTRONIC DELIVERY DEVICE
IDENTIFICATION CARD
JOBBER
LAW ENFORCEMENT OFFICER
MANUFACTURER
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Has the meaning given in § 139.30(1m), Wis. Stats.
A person specified under § 139.30(3) or 139.75(4),
Wis. Stats.
An electronic cigarette (e-cig or e-cigarette), personal
vaporizer (PV), or electronic nicotine delivery systems (ENDS) is
a battery-powered vaporizer which has the feel of tobacco smoking.
They produce a mist rather than cigarette smoke. In general, a heating
element vaporizers a liquid solution known as e-liquid. E-liquids
usually contain a mixture of propylene glycol, glycerin, nicotine,
and flavorings.
An "Electronic delivery device" (e-device) shall mean any
product containing or delivering nicotine or any other substance intended
for human consumption that can be used by a person in any manner for
the purpose of inhaling vapor or aerosol from the product. "Electronic
delivery device" shall include any such device, whether manufactured,
distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe,
e-hookah, or vape pen, or under any other product name or descriptor.
A license containing a photograph issued under Ch. 343, Wis.
Stats., an identification card issued under § 343.50, Wis.
Stats.
Has the meaning given in § 139.30(6), Wis. Stats.
Has the meaning given in § 30.50(4s), Wis. Stats.
Any person specified under § 139.30(7) or 139.75(5),
Wis. Stats.
B.
Prohibitions. No manufacturer, distributor, jobber, subjobber or
retailer, or their employees or agents, may provide cigarettes, e-cigarettes,
electronic delivery devices or tobacco products for nominal or no
consideration to any person under the age of 18.
C.
Exception. A minor may purchase or possess cigarettes or tobacco
products for the sole purpose of resale in the course of employment
during his or her normal working hours if employed by a retailer licensed
under § 134.65(1), Wis. Stats.
D.
Defenses from prosecution. Proof of all the following facts by a retailer who sells cigarettes or tobacco products to a person under the age of 18 is a defense to any prosecution for a violation of Subsection B above:
(1)
That the purchaser falsely represented that he or she had attained
the age of 18 and presented an identification card.
(2)
That the appearance of the purchaser was such that an ordinary and
prudent person would believe that the purchaser had attained the age
of 18.
(3)
That the sale was made in good faith, in reasonable reliance on the
identification card and appearance of the purchaser, and in the belief
that the purchaser had attained the age of 18.
E.
Seizure of tobacco products. A law enforcement officer shall seize any cigarette or tobacco product involved in any violation of Subsection B committed in his or her presence.
A.
Citation process. For violations of §§ 349-2 through 349-6, minors 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 minor may receive simultaneously with issuing the citation to the minor. A copy will be mailed to the parent or legal guardian.
B.
Penalties. Violations of §§ 349-2 through 349-6 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/her discretion, from referring cases directly to the District Attorney's office.
A.
ACCEPTABLE EXCUSE
HABITUAL TRUANT
TRUANT
Definitions. All terms herein, to the extent not specifically defined,
shall have the same meaning as those terms used in context of the
Wisconsin Statutes referred to below:
Permission of the parent/guardian/legal custodian of a pupil,
within limits of policies on truancy established by the school in
which the pupil is enrolled. Except in emergencies or unforeseeable
circumstances, such permission is expected to be communicated in writing
from the parent/guardian/legal custodian to the school prior to the
absence. In emergencies or unforeseeable circumstances, such communication
is expected to be as soon as practicable following the absence.
A pupil who is absent from school without an acceptable excuse
under § 118.15, Wis. Stats., for part or all of five or
more days on which school is held during a school semester.
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.
C.
Truancy penalties. For a minor under the age of 18 who is found to
be truant:
(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 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, parents of the person, or both.
D.
Habitual truancy penalties. For a minor under the age of 18 who is
found to be a habitual truant:
(1)
Suspension of the minor's operating privilege, as defined in
§ 340.01(40), Wis. Stats., for not less than 30 days nor
more than one year. Any license so suspended shall be immediately
taken by the Court and forwarded to the Wisconsin Department of Transportation,
together with a notice stating the reason for and the duration of
the suspension.
(2)
An order for the minor to participate in counseling, community service,
or a supervised work program, as provided under § 938.34(5g),
Wis. Stats. The costs of any such counseling, supervised work program
or other community service work shall be assessed against the person,
the parents or guardian of the person, or both.
(3)
An order for the minor to attend an educational program under § 938.34(7d),
Wis. Stats.
(4)
An order of home detention, requiring the minor to remain at home
at all times except when attending school (including school programs)
or religious worship, including reasonable travel time to and from
school or the place of worship. Such an order may permit a minor to
leave the home at other times when accompanied by a parent or guardian.
(5)
An order for the person to attend school.
(6)
A forfeiture of not more than $500 plus costs, all or part of which
may be assessed against the person, the parents or guardian of the
person, or both.
(7)
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 minors or adults.
(8)
An order placing the person under formal or informal supervision,
as described in § 938.34(2), Wis. Stats., for up to one
year.
(9)
An order for the person's parent or 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.
E.
Dropout penalties. If a person is at least 16 years of age but less
than 18 years of age and drops out of school, the person's driving
privileges shall be suspended until the person reaches 18 years of
age. Any license suspended under this section shall be immediately
taken by the court and forwarded to the Wisconsin Department of Transportation,
together with a notice stating the reason for and duration of the
suspension.
A.
In this section, "truancy" means:
(1)
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
guardian of the absent pupil; or
(2)
Intermittent attendance carried on for the purpose of defeating § 118.15,
Wis. Stats.
B.
Except as provided in Subsection C, no person 17 years of age or older may by any act or omission knowingly encourage or contribute to truancy. An act or omission contributes to the truancy of a minor, whether or not the minor 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 minor to be truant.[1]
C.
Subsection B shall not apply to a person who has under his control a minor who is sanctioned under § 49.26(1)(h), Wis. Stats.
D.
Any person who violates this section shall be subject to a forfeiture
of not less than $75 nor more than $300 together with costs and, in
default thereof, imprisonment in the County Jail until such forfeiture
and costs have been paid, but not to exceed 30 days.
C.
Nonapplicability. 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 minor at the request or with
the consent of the minor's parent, 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, Wis. Stats., that
he or she is sheltering or concealing such minor and provides the
person or agency notified with all the information requested.
[Added 4-27-2015 by Ord.
No. 3-2015]
A.
HARMFUL TO MINORS
(1)
(2)
(3)
MINOR
NUDITY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any reproduction, imitation, characterization, description,
exhibition, presentation, or representation, of whatever kind or form,
depicting nudity, sexual conduct, or sexual excitement when it:
Predominantly appeals to a prurient, shameful, or morbid interest;
Is patently offensive to prevailing standards in the adult community
as a whole with respect to what is suitable material or conduct for
minors; and
Taken as a whole, is without serious literary, artistic, political,
or scientific value for minors.
Any person under the age of 18 years.
The showing of the human male or female genitals, pubic area,
or buttocks with less than a fully opaque covering; or the showing
of the female breast with less than a fully opaque covering of any
portion thereof below the top of the nipple; or the depiction of covered
male genitals in a discernibly turgid state. A mother's breastfeeding
of her baby does not under any circumstance constitute "nudity," irrespective
of whether or not the nipple is covered during or incidental to feeding.
B.
A minor commits the offense of sexting if he or she knowingly:
(1)
Uses a computer, or any other device capable of electronic data transmission
or distribution, to transmit or distribute to another minor any photograph
or video of any person which depicts nudity, as defined above, and
is harmful to minors, as defined above.
(2)
Possesses a photograph or video of any person that was transmitted
or distributed by another minor which depicts nudity, as defined above,
and is harmful to minors, as defined above. A minor does not violate
this paragraph if all of the following apply:
(3)
Uses a computer, or any other device capable of electronic data transmission
or distribution, to transmit or distribute to another minor any text,
correspondence, or message of a sexual nature when it:
(a)
Predominantly appeals to a prurient, shameful, or morbid interest;
(b)
Is patently offensive to prevailing standards in the adult community
as a whole with respect to what is suitable material or conduct for
minors; and
(c)
Taken as a whole, is without serious literary, artistic, political,
or scientific value for minors.
C.
Any person who shall violate this section prohibiting "sexting" shall
pay a forfeiture plus costs established in the "Village Fees, Deposits
and Charges Schedule"[1] attached as Appendix C to this Code.
[1]
Editor's Note: A copy of the "Village Fees, Deposits
and Charges Schedule" is on file with the Village Administrator.
