[HISTORY: Adopted by the Village Board of the Village of
Fremont as indicated in article histories. Amendments noted where
applicable.]
[Adopted by Ord. No. 86-5 as Sec. 9.15 of the 1986 Municipal Code]
A.Â
Regulations. It shall be unlawful for any child under the age of
18 years to loiter, idle or remain upon any street or alley or other
public place in the Village between 10:00 p.m. and 6:00 a.m. the next
day on Sunday through Thursday, and 12:00 midnight and 6:00 a.m. the
next day on Friday and Saturday.
B.Â
Exceptions. The following shall constitute valid exceptions to the
operation of the curfew:
(1)Â
At any time, if the person is accompanied by his parent, legal guardian,
or other responsible person who is over the age of 18 and who is approved
by the person's parent or legal guardian.
(2)Â
At any time, in the event of an emergency which would justify the
reasonableness of the person's presence.
(3)Â
At any time while the person is pursuing the duties of his employment.
(4)Â
Until the hour of 12:30 a.m. if the person is on an errand as directed
by the person's parent or legal guardian.
(5)Â
If the person is coming directly home from a public meeting or place
of public entertainment such as a movie; play; or school, church or
sporting event. This exception will apply for 1/2 hour after the completion
of such event, but in no case beyond 12:30 a.m. If the event is not
commercial in nature or does not have a fixed publicly known time
at which it will end, the sponsoring organization must register the
event with the Police Department at least 24 hours in advance informing
the Department of the time such event is scheduled to be, the place
at which it will be held, the time at which it shall end and the name
of the sponsoring organization.
(6)Â
If the person is coming directly home from a private home which has
been approved by the person's parent or legal guardian.
(7)Â
Until the hour of 12:30 a.m. if the person is on the property of
or the sidewalk directly adjacent to the building in which he resides
or the buildings immediately adjacent thereto.
No parent, guardian or person having legal custody of a child under the age of 18 years shall suffer or permit such child to violate § 376-1 above.
A.Â
A child believed to be violating this article shall be taken to the Police Department for proper identification. Every law enforcement officer, while on duty, is hereby authorized to take into custody any child violating the provisions of § 376-1 above. Children taken into custody shall be released from custody as soon as is reasonably possible.
B.Â
A person taking a child into custody shall make every effort to immediately
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 shall 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.
C.Â
If the child is not released under this section, the officer shall
deliver the child to the Waupaca 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.
D.Â
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,
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
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.
A.Â
Warning. The first time a child is taken into custody by a law enforcement officer, as provided in § 376-3 above, the parent, guardian or person having legal custody of such child shall be advised as to the provisions of this article and further advised that any violation of this article occurring thereafter by this child or any other child under his care or custody shall result in a penalty being imposed as hereinafter provided.
B.Â
Penalty. Any parent, guardian or person having legal custody of a child described in § 376-1 above, who has been warned in the manner provided in Subsection A above and who thereafter violates this article shall be subject to a penalty as provided in § 376-5 below. Any child under the age of 18 years who violates this article shall also be subject to a penalty as provided in § 376-5 below.
[Adopted 5-27-1986 by Ord. No. 86-1 as Secs. 9.20 and 9.25
of the 1986 Municipal Code]
No person under the age of 18 shall be truant from school as
defined in § 118.16(1), Wis. Stats. This section does not
apply to a child aged 16 or older whose parent or guardian or person
having legal custody has given written notice to the School Board
for withdrawal of that child from school. This section also does not
apply in instances enumerated in § 118.15(3), Wis. Stats.
No person under the age of 18 shall be truant from home without
the consent of his parent or guardian or person having legal custody.
[Amended by Ord. No. 97-8]
No person under the age of 21 shall possess intoxicating liquor,
or shall possess fermented malt beverages except and unless accompanied
by a parent or guardian, or spouse of legal drinking age.
No person enrolled as a student in any Village public or parochial
school shall violate any school rule, a violation of which could result
in suspension or expulsion from school.
