[HISTORY: Adopted by the Village Board of the Village of
Argyle 12-7-2005 as Title 11, Ch. 5, Secs. 11-5-1 through 11-5-5 and 11-5-7 through
11-5-12, of the 2005 Village Code. Amendments noted where applicable.]
A.
Curfew established. It shall be unlawful for any person under the
age of 18 years 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 Argyle between
the hours of 10:00 p.m. and 5:00 a.m., unless such child is accompanied
by his or her parent, legal 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 juvenile, unaccompanied by
parent, legal 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 juvenile is there unlawfully and that
no reasonable excuse exists therefor.
[Amended 9-1-2010]
B.
Exceptions.
(1)
This section shall not apply to a juvenile:
(a)
Who is performing an errand as directed by his/her parent, legal
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.
(e)
Who is, at any time, in the event of an emergency which would
justify the reasonableness of the person's presence.
(f)
Who is engaged in interstate travel.
(g)
Who is on the sidewalk in front of his/her home or an adjacent
home.
(h)
Who is engaged in exercising First Amendment rights or activities.
(2)
These exceptions shall not, however, permit a juvenile to unnecessarily
loiter about the streets, alleys or public places or be in a parked
motor vehicle on the public streets.
C.
Responsibility of operators of places of amusement. No person operating
a place of amusement or entertainment within the Village, or any agent,
servant or employee of any such person, shall permit a person under
18 years of age to enter or loiter in such place of amusement or entertainment
between 10:00 p.m. and 5:00 a.m. the next day, unless such person
under 18 years of age is accompanied by his/her parent, guardian or
other adult person having legal custody of such person.
[Amended 9-1-2010]
D.
Responsibility of hotels, motels and rooming houses. No person operating
a hotel, motel, lodging or rooming house within the Village, or any
agent, servant or employee of such person, shall permit any person
under 18 years of age to visit, wander or stroll in any portion of
such hotel, motel, lodging or rooming house between 10:00 p.m. (11:00
p.m., Friday and Saturday) and 5:00 a.m. the next day, unless such
person under 18 years of age is accompanied by his/her parent, guardian
or other adult person having legal custody of such person.
[Amended 9-1-2010]
E.
Parental responsibility. It shall be unlawful for any parent, legal 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 Subsections A through D above. The fact that, prior to the present offense, a parent, legal 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, legal guardian or custodian allowed or permitted the present violation. Any parent, legal 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 juvenile under age 18 to violate this section.
[Amended 9-1-2010]
F.
Detaining a juvenile. Pursuant to Ch. 938, Wis. Stats., law enforcement
officers are hereby authorized to detain any juvenile violating the
above provisions and other provisions in this chapter until such time
as the parent, legal guardian or person having legal custody of the
juvenile shall be immediately notified and the person so notified
shall as soon as reasonably possible thereafter report to the Police
Department for the purpose of taking custody of the juvenile and shall
sign a release for him or her, or such juvenile may be taken directly
from the scene of his/her apprehension to his/her home. If such juvenile's
parents or relative living nearby cannot be contacted to take custody
of such juvenile and it is determined by the apprehending officer
that the juvenile's physical or mental condition is such as would
require immediate attention, the law enforcement officer may make
such necessary arrangements as may be necessary under the circumstances
for the juvenile's welfare.
G.
Warning and penalty.
(1)
Warning. The first time a parent, legal guardian, or person having legal custody of a juvenile who is taken into custody by a law enforcement officer, as provided in Subsection F above, such parent, legal guardian, or person having such legal custody shall be advised as to the provisions of this section and further advised that any violation of this section occurring thereafter by this juvenile or any other juvenile under his or her care or custody shall result in a penalty being imposed as hereinafter provided.
(2)
Violations and penalties.
[Amended 9-1-2010]
(b)
Any person under the age of 17 years of age who shall violate this section shall, upon conviction thereof, forfeit not less than $1 nor more than $25, together with the costs of prosecution, and shall be subject to disposition as provided in § 938.343, Wis. Stats., or any subsequent amendment, modification, revision, renumbering, recodification or addition or deletion of said provision. Any person 17 years of age or older who shall violate this section shall, upon conviction, be subject to a penalty as provided in § 1-2 of this Code.
It shall be unlawful for any juvenile to possess a controlled
substance contrary to the Uniform Controlled Substances Act, Ch. 961,
Wis. Stats.
It shall be unlawful for any juvenile, 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 17 to intentionally
receive or conceal property he/she knows to be stolen.
A.
Adoption of state statutes. Sections 938.02 and 938.17(2), Wis. Stats.,
are hereby adopted and by reference made a part of this section as
if fully set forth herein.
B.
ADULT
JUVENILE
Definition of "adult" and "juvenile."
A person who is 18 years of age or older, except that, for
purposes of prosecuting a person who is alleged to have violated any
civil law or municipal ordinance, "adult" means a person who has attained
17 years of age.
A person who is less than 18 years of age, except that, for
purposes of prosecuting a person who is alleged to have violated a
civil law or municipal ordinance, "juvenile" does not include a person
who has attained 17 years of age.
C.
Provisions of Village's Code applicable to juveniles. Subject to
the provisions and limitations of § 938.17(2), Wis. Stats.,
complaints alleging a violation of any provision of this Code against
juveniles may be brought on behalf of the Village of Argyle and may
be prosecuted utilizing the same procedures in such cases as are applicable
to adults charged with the same offense.
D.
No incarceration as penalty. The Court shall not impose incarceration
as a penalty for any person convicted of an offense prosecuted under
this section.
E.
Additional prohibited acts. In addition to any other provision of
the Village of Argyle's Code, no juvenile 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.
ACCEPTABLE EXCUSE
DROPOUT
HABITUAL TRUANT
TRUANT
Definitions. For the purpose of this section, the following definitions
shall be applicable:
Permission of the parent/guardian/legal custodian of the
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 child who has 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.
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.
Truancy. No person under 18 years of age shall be truant. Upon conviction
thereof, the following dispositions are available to the court:
(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 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.
Habitual truancy.
(1)
No person under 18 years of age shall be a habitual truant.
(2)
If the court determines that a person is a habitual truant, the court
may order one or more of the following dispositions:
(a)
Suspension of the person's operating privilege for not less
than 30 days nor more than one year. The court shall immediately take
possession of any suspended license and forward it to the Wisconsin
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 community
service work as described in § 938.34(5g), Wis. Stats. The
costs of any such counseling or community service work may be assessed
against the person, the parents or guardian of the person, or both.[1]
(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/her
home if the child 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 Wisconsin Department of Work Force 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)
An order placing the person under formal or informal supervision,
as described in § 938.34(2), Wis. Stats., for up to one
year.
(j)
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.
(k)
Any other reasonable conditions consistent with this section,
including a curfew, restrictions as to going to or remaining on specified
premises, and restrictions on associating with other children or adults.
D.
Dropouts.
(1)
No person who is at least 16 years of age but is less than 18 years
of age may be a dropout.
(2)
If the court determines that a person is at least 16 years of age
but is less than 18 years of age and is a dropout, 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 Wisconsin Department of Transportation,
together with a notice stating the reason for and the duration of
the suspension.
E.
Dispositional orders and sanctions. The court is hereby authorized
to exercise each and every kind of authority granted to courts under
Wisconsin law. Specifically, the court is hereby authorized to exercise
the authority granted to it in § 938.355, Wis. Stats., and
is hereby authorized to exercise the authority granted it in § 938.355(6m),
Wis. Stats.
F.
Adopted terms. As used in this section, the terms "truant," "habitual
truant," "operating privilege," and "dropout" have the meanings provided
in § 118.163, Wis. Stats. Those definitions are hereby adopted
and incorporated herein as if fully set forth. Any future amendment
of any such definition is hereby adopted and is incorporated herein
as if fully set forth as the effective date of such future amendment.
G.
Failure to cause a child to attend school regularly.
(1)
Unless the child is excepted or excused under § 118.15,
Wis. Stats., or has graduated from high school, any person having
under his/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 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)
This section does not apply:
(a)
To a person who has under his/her control a child who has been
sanctioned under § 49.26(1)(h), Wis. Stats.
(b)
To a person who proves that he/she is unable to comply with
the requirements of this section because of the disobedience of the
child, in which case the action shall be dismissed and the juvenile
officer of law enforcement authority shall refer the case to the District
Attorney's office.
(c)
Unless evidence has been provided by the school attendance office
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.
H.
Contributing to truancy.
(2)
Subsection H(1) above does not apply to a person who has under his or her control a juvenile 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 juvenile 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 juvenile to be a truant.
(4)
"Truancy" means 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 legal guardian of the absent pupil, and also means intermittent
attendance carried on for the purpose of defeating the intent of § 118.15,
Wis. Stats.
I.
Parent or legal guardian liability for truancy.
(1)
Unless the juvenile is excepted or excused under § 118.15,
Wis. Stats., or has graduated from high school, any person having
under control a juvenile who is between the ages of six and 18 years
shall cause the juvenile to attend school regularly during the full
period of hours, religious holidays excepted, that the public or private
school in which the juvenile should be enrolled is in session until
the end of the school term, quarter or semester of the school year
in which the juvenile 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, legal 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 or 938, Wis. Stats,
that he or she is sheltering or concealing such child and provides
the person or agency notified with all information requested.
[Amended 8-7-2019]
A.
Purchase
or possession of cigarettes or tobacco products prohibited.
(1)
State
statute adopted. Section 254.92, Wis. Stats., exclusive of any penalty
provision, regulating the purchase or possession of cigarettes or
tobacco products by a person under 18 years of age is hereby adopted
by reference.
(2)
Penalty.
Any person violating any provision of this subsection shall upon conviction
be subject to a forfeiture of not less than $10 nor more than $100.
B.
Restrictions
on sale or gift of cigarettes or tobacco products.
(1)
State
statute adopted. Section 134.66, Wis. Stats., excluding any penalty
provision, establishing restrictions on the sale or gift of cigarettes
or tobacco products is hereby adopted by reference.
(2)
Penalty.
Any person violating any provision of this subsection shall upon conviction
be subject to a forfeiture of not less than $50 nor more than $200.
In addition, a court shall suspend any license or permit issued under
§§ 134.65, 139.34 or 139.79, Wis. Stats., as set forth
in § 134.66(4), Wis. Stats.
A.
Authority. This section is adopted pursuant to the authority granted
by § 66.0107 and Ch. 948, Wis. Stats.
B.
CRIMINAL GANG
PATTERN OF CRIMINAL GANG ACTIVITY
UNLAWFUL ACT
Definitions. For purposes of this section, the following terms are
defined as indicated:
An ongoing organization, association or group of three or
more persons, whether formal or informal, that has as one of its primary
activities the commission of one or more criminal or unlawful acts,
or acts that would be criminal or unlawful if the actor were an adult,
specified in § 939.22(21)(a) to (s), Wis. Stats., or in
any of the municipal code sections referred to in the definition of
"pattern of criminal gang activity" below; that has a common name
or common identifying sign or symbol and whose members individually
or collectively engage in or have engaged in a pattern of criminal
gang activity.
Includes a violation of any of the municipal code chapters
referred to in the definition of "pattern of criminal gang activity"
above or any criminal act or act that would be criminal if the actor
were an adult.
C.
Unlawful activity.
(1)
It is unlawful for any person to engage in criminal gang activity.
(2)
It is unlawful for any person to solicit or attempt to solicit a person who has not attained the age of 18 years, to commit or attempt to commit any violation of the provisions of this section, or any one or more of those chapter of the Municipal Code referred to in the definition of "pattern of criminal gang activity" in Subsection B above.
(3)
It is unlawful for any person to solicit or attempt to solicit a
person who has not attained the age of 18 years to participate in
criminal gang activity.
(4)
It is unlawful for any person to solicit or attempt to solicit a
person who has not attained the age of 18 years to join a criminal
gang.
A.
Citation process. For violations of §§ 360-2 through 360-9, juveniles may be cited by the citation process on a form approved by the Village Attorney and 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.
Penalties. Violations of §§ 360-2 through 360-9 by a person under the age of 18 shall be punishable according to § 1-2 of this Code and §§ 938.17(2), 938.343, 938.344 and 938.345, Wis. Stats. Nothing in this section shall prevent the Juvenile Officer, in his/her discretion, from referring cases directly to the District Attorney's office.
[Added 11-4-2009]
A.
Purpose. The purpose of this section is to reduce the incidents of
misconduct by a child, for the betterment of the child and the community,
by requiring proper supervision on the part of the custodial parent
or parent(s).
B.
CHILD
CONVICTED
CUSTODIAL PARENT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A person under the age of 18 years.
A determination of guilt, including, but not limited to,
a finding of guilty by the Court, a plea of guilty or no contest by
the offender, or any other similar finding or plea.
A biological or adoptive parent, a legal guardian or person
who has legal custody as defined in § 767.001(2), Wis. Stats.,
of a minor child. It does not include a person whose parental rights
have been terminated. It does not include "legal custody," as defined
in § 48.02(12), Wis. Stats., by an agency or a person other
than the child's birth parent or adoptive parent. In the event persons
share legal custody of a child, for purposes of determining which
person has custody of a child for application of this section, the
court shall consider which person had responsibility for caring for
and supervision of the child at the time the child's ordinance violation
occurred.
C.
Prohibited conduct. Every custodial parent has a duty to properly
supervise his or her child. Any custodial parent whose unemancipated
minor child is convicted of a violation of the Village of Argyle Code,
a Lafayette County ordinance, or a Wisconsin state law, which violation
occurs within six months of a prior violation or three or more times
within a twelve-month period, is guilty of failing to properly supervise
said child. The six- and twelve-month periods shall be measured from
the date of the first violation. A conviction of a violation by a
child, as defined herein, subject to its admissibility under § 904.10,
Wis. Stats., shall bar the custodial parent from denying that the
child committed the act. The Village shall have the burden to prove
that the custodial parent is guilty of the prohibited conduct by showing
either:
D.
Violations and penalties.
(1)
Any person convicted of a violation of this section shall be subject
to a forfeiture of not less than $25 nor more than $500 for each offense,
together with the costs of prosecution and other court costs.
(2)
Nothing contained in this section shall be in lieu of any state statute
or common law requirement of parental responsibility for the acts
of a child.
E.
Defenses.
(1)
The following shall be among the defenses to a violation of this
section where proven by the custodial parent to the Court's satisfaction:
(a)
The custodial parent was not legally responsible for the supervision
of the child at the time the misconduct occurred;
(b)
The custodial parent has a physical or mental disability or
incompetence rendering him or her incapable of supervising the child
at the time the misconduct occurred;
(c)
The custodial parent reported the act forming the basis of the
violation to the appropriate authorities when the violation occurred
or as soon as the custodial parent learned of the violation;
(d)
The parent has made all reasonable and available efforts under
the circumstances to prevent the child's misconduct;
(e)
The custodial parent can provide specific evidence of ongoing
participation in or recent completion of parenting classes, family
therapy, group counseling or AODA counseling which includes the custodial
parent or family. For purposes of family therapy or counseling, such
evidence must include documentation from the therapist or counselor
stating that the custodial parent of the child has been compliant
with the therapeutic recommendations; or
(f)
The child has been diagnosed by a competent physician or licensed
psychologist as suffering from a psychotic disorder or other disorder
rendering parental control ineffective.
(2)
It is not a defense where the custodial parent assigns his or her
parental responsibility to another, except pursuant to legal proceedings
which result in a court order effectuating the same.
