[HISTORY: Adopted by the Village Board of the Village of
Clayton 7-10-1995 as Title 9, Ch. 5, of the 1995 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 370.
A.
It shall be unlawful for any person under 17 years of age to be on
foot, bicycle or in any type of vehicle on any public street, avenue,
highway, road, alley, park, school grounds, swimming beach, cemetery,
playground, public building or any other public place in the Village
of Clayton between the hours of 10:00 p.m. and 5:00 a.m., 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 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.
(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.
It shall be unlawful for any parent, guardian or other person having
the lawful care, custody and control of any person under 17 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 Police Department shall not be considered
to have allowed or permitted any person under 17 years of age to violate
this section.
D.
It shall be unlawful for any person, firm or organization operating
or in charge of any place of amusement, entertainment, refreshment
or other place of business to permit any minor under 17 years of age
to loiter, loaf or idle in such place during the hours prohibited
by this section. Whenever the owner or person in charge or in control
of any place of amusement, entertainment, refreshment or other place
of business during the hours prohibited by this section shall find
persons under 17 years of age loitering, loafing or idling in such
place of business, he shall immediately order such person to leave
and if such person refuses to leave said place of business, the operator
shall immediately notify the Police Department and inform them of
the violation.
E.
Every law enforcement officer is hereby authorized to detain any
minor violating the provisions of Subsection A or B above until such
time as the parent, guardian or person having legal custody of the
minor 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 the custody of the minor and shall sign
a release for him or her. If no response is received, the Police shall
take whatever action is deemed necessary in the best interest of the
minor.
F.
The first time a minor is detained by a law enforcement officer of
the Village, as provided in Subsection E, such minor and the parent,
guardian or person having legal custody of such minor shall be advised,
personally, if known, or by registered mail, as to the provisions
of this section and further advised that any violation of this section
occurring thereafter by such minor or any other minor under the care
of such parent, guardian or person having legal custody shall result
in a penalty being imposed as hereinafter provided.[1]
G.
Penalty.
(1)
Any parent, guardian or person having legal custody of a child described
in Subsections A through E who has been warned in the manner provided
in Subsection F and who thereafter violates any of the provisions
of this section shall be subject to a penalty as provided in Chapter
1, General Provisions, § 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.
(2)
Any minor person under 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 cost 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 14 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 14 through 17 years of age may be brought on
behalf of the Village of Clayton 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 Code of the Village of Clayton, no person age 14 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.
E.
Penalty for violations of Subsection D. Any person 14 through 17
years of age who shall violate the provisions of Subsection D shall
be subject to the same penalties as are provided in Chapter 1, General
Provisions, § 1-4, of this Code, exclusive of the provisions
therein relative to commitment in the county jail.
A.
Citation process. For violations of §§ 331-2 through
331-5, 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 copy will be mailed to the parent
or legal guardian.[1]
B.
Penalties. Violations of §§ 331-2 through 331-5 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.
