[HISTORY: Adopted by the Village Board of the Village of
Belleville as Title 11, Ch. 5, of the 1994 Code. Amendments noted
where applicable.]
A.
Curfew established. It shall be unlawful for any person under age
18 to be on foot, bicycle or in any type of vehicle on any public
street, avenue, highway, road, alley, park, school grounds, place
of amusement and entertainment, cemetery, playground, public building
or any other public place in the Village of Belleville between the
hours of 11:00 p.m. and 6:00 a.m. the next day, 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.
B.
Exceptions.
(1)
This section shall not apply to a child:
(a)
Who is performing an errand as directed by his or her parent,
guardian or person having lawful custody.
(b)
Who is on his or 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 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 age 18 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 age 18 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 this subsection, the officer shall
deliver the child to the County Juvenile Court Intake Worker in a
manner determined by the court and law enforcement agencies, stating
in writing with support 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 or her 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]
(1)
Warning. The first time a child is detained by a law enforcement officer of the Village, as provided in Subsection D, such child and 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 may 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 16 years of age who shall violate this section shall, upon conviction thereof, forfeit not less than $1 nor more than $50, 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 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 Code 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 against persons 12 through 17 years of age may be brought on
behalf of the Village of Belleville 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 Belleville Code, 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.
C.
Prohibited acts.
[Amended 3-1-2010 by Ord. No. 2010-03-01]
(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 in violation of Ch. 961, Wis.
Stats.[3]
(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 in violation
of Ch. 961, Wis. Stats.[4]
(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 as defined in § 948.344(2e), Wis. Stats.
(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.
[Amended 8-3-2009 by Ord. No. 2009-08-01]
A.
DROPOUT
HABITUAL TRUANT
OPERATING PRIVILEGE
TRUANT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A child who 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.
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.
Has the meaning given in § 340.01(40), Wis. Stats.
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.
B.
Violations.[1]
(1)
A person under the age of 18, that has not graduated from high school,
is prohibited from being truant.
(2)
A person under the age of 18, that has not graduated from high school,
is prohibited from being habitually truant.
(3)
A person under the age of 18, that has not graduated from high school,
is prohibited from being a dropout.
C.
Penalties.
(1)
The following dispositions are available to the court for violations of Subsection B(1) above:
(a)
An order for the person to attend school.
(b)
A forfeiture of not more than $50 plus costs for the 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.
(c)
An order for the person to report to a youth report center after
school, in the evening, on weekends, on other nonschool days, or at
any other time that the person is not under immediate adult supervision,
for participation in the social, behavioral, academic, community service,
and other programming of the center as described in § 938.342(1d)(c),
Wis. Stats.
(2)
The following dispositions are available for violations of Subsection B(2) above:
(a)
Suspension of the person's operating privilege for not
less than 30 days nor more than a year. The court shall immediately
take possession of any suspended license and forward it to the 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 or
her home if the person 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 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(1g)(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)
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.
(j)
An order placing the person under formal or informal supervision,
as described in § 938.34(2), Wis. Stats., for up to one
year.
(k)
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.
(l)
An order for the person to report to a youth report center after
school, in the evening, on weekends, on other nonschool days, or at
any other time that the person is not under immediate adult supervision,
for participation in the social, behavioral, academic, community service,
and other programming of the center as described in § 938.342(1g)(k),
Wis. Stats.
(3)
Violations of Subsection B(3).
(a)
Violations of Subsection B(3) by persons at least 16 years of age but less than 18 years of age shall be punished according to one or more of the following: 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 Department of Transportation together with a notice stating the reason for and the duration of the suspension.
(b)
A court may order a school district to provide to the court
a list of all persons who are known to the school district to be dropouts
and who reside within the municipality in which the municipal court
is located.
D.
Contributing to truancy.
(2)
Subsection D(1) above 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 the truancy of a child, 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.
(4)
"Truancy" means any absence for 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, and also means intermittent attendance
carried on for the purpose of defeating the intent of § 118.15,
Wis. Stats.
E.
Parent or guardian liability for truancy.
(1)
Unless the child is excepted or excused under § 118.15,
Wis. Stats., or has graduated from high school, any person having
under his or 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 of 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.
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, 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 child and provides the
person or agency notified with all information requested.
The provisions of § 254.92, Wis. Stats., are hereby
adopted by reference and made a part of this section.
[Amended by Ord. No. 2004-08-01]
The provisions of § 134.66, Wis. Stats., as amended,
are hereby adopted by reference and made a part of this section as
if fully set forth herein.
[Amended by Ord. No. 2004-08-01]
A.
Citation process. For violations of §§ 331-2 through 331-9, 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.[1]
B.
Penalties.
(1)
Violations of §§ 331-2 through 331-9 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 or her discretion, from referring cases directly to the District Attorney's office.
