[HISTORY: Adopted by the Village Board of the Village of
Dane 4-1-1996 as Title 11, Ch. 5, of the 1996 Code. Amendments noted where applicable.]
[Amended 4-5-2004]
A.
Curfew established.
(1)
It shall be unlawful for any person under the age of 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 Dane, 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, during the following curfew hours:
(a)
Persons age 15 and under: on weeknights (Sunday through Thursday)
between the hours of 10:00 p.m. and 5:00 a.m. the next day, and on
weekends (Friday and Saturday) between the hours of 11:00 p.m. and
5:00 a.m. the next day; and
(b)
Persons age 16 and 17: on weeknights (Sunday through Thursday) between
the hours of 11:00 p.m. and 5:00 a.m. the next day, and on weekends
(Friday and Saturday) between the hours of 12:00 midnight and 5:00
a.m.
(2)
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 parent, guardian
or person having lawful custody.
(b)
Who is on his 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.
(e)
Who can provide proof of a legitimate purpose which is accepted
at the discretion of law enforcement.
(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 Dane 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 taken into custody by a law enforcement officer as provided in Subsection D above, 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 his or her care or custody shall result in a penalty being imposed as hereinafter provided.[1]
(2)
Penalty imposed upon parent, guardian or person having legal custody of a child. 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 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 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.
(3)
Penalty imposed upon minor person. Any person under 18 years of age
who shall violate this section shall, for the first offense, upon
conviction thereof, forfeit not less than $50 nor more than $100,
together with the costs of prosecution. Any person under 18 years
of age who shall violate this section shall, for the second and subsequent
offense, upon conviction thereof, forfeit not less than $75 nor more
than $150, together with the costs of prosecution.[2]
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 Dane 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 Dane 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 uses.
(1)
Possession of drug paraphernalia. No person who is under 18 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.[3]
(2)
Manufacture or delivery of drug paraphernalia. No person who is under
18 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.[4]
(3)
Delivery of drug paraphernalia by a minor to a minor. Any person who is under 18 years of age who violates Subsection C(2) by delivering drug paraphernalia to a person under 18 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.
(2)
Subsection A(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.
B.
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 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.; or
(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.[1]
A.
Citation process. For violations of §§ 336-2 through 336-8, 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.
B.
Penalties. Violations of §§ 336-2 through 336-8 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.
