[HISTORY: Adopted by the Village Board of the Village of
Clyman as Title 11, Ch. 5, of the 1998 Village Code of Ordinances.
Amendments noted where applicable.]
A.
Curfew established. It shall be unlawful for any juvenile under age
18 to be on foot, bicycle or in any type of vehicle on any public
street, avenue, highway, road, alley, place of amusement and entertainment,
public building or any other public place in the Village of Clyman
between the hours of 10:00 p.m. and 6:00 a.m. unless 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.
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.
(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.
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 Subsection A or B 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, 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 law enforcement officers shall not be considered to have allowed or permitted any juvenile under age 16 to violate this section.
D.
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 law enforcement
officers for the purpose of taking the 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.
E.
Warning and penalty.[1]
(1)
Warning. The first time a minor is detained by a law enforcement officer of the Village, as provided in Subsection D, 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.
(2)
Penalty. Any parent, legal guardian, or person having legal custody of a juvenile 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 § 1-3 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 juvenile, the action shall be dismissed and the juvenile shall be referred to the court assigned to exercise jurisdiction under Ch. 938, Wis. Stats. Any juvenile under 16 years of age who shall violate this section shall, upon conviction thereof, forfeit not less than $25 nor more than $100, together with the costs of prosecution.
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 ordinance 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 Clyman 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 Clyman 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.
F.
Penalty for violations of Subsection E. Any juveniles, except those who hold a valid beverage operator's license, who shall violate the provisions of Subsection E shall be subject to the same penalties as are provided in § 1-3 of this Code, exclusive of the provisions therein relative to commitment in the county jail.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Original § 11-5-6 of the 1998 Code of Ordinances, Possession, manufacture and delivery of drug paraphernalia by a minor prohibited, which previously followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A.
ACCEPTABLE EXCUSE
ACT OF COMMISSION OR OMISSION
HABITUAL TRUANT
TRUANCY
Definitions. For the purpose of this section, the following definitions
shall be applicable:
The meaning as defined in §§ 118.15 and 118.16(4),
Wis. Stats.
Anything that contributes to the truancy of a juvenile, whether
or not the juvenile is adjudged to be in need of protection or services,
if the natural and probable consequences of that act would be to cause
the child to be truant.
A pupil who is absent from school without an acceptable excuse
for either of the following:
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. Intermittent attendance carried
on for the purpose of defeating the intent of § 118.15,
Wis. Stats., shall also be considering truancy.
B.
Prohibition against habitual truant. Any person attending school
in the Village between the ages of six and 18 years, subject to the
exceptions found under § 118.15, Wis. Stats., is prohibited
from becoming a habitual truant as the term is defined in this section.
Any law enforcement officer is authorized to issue a citation to any
such person who is determined to be a habitual truant under the terms
of this section.
C.
Preconditions to issuance of citation. Prior to the issuance of any
citation, the district school Attendance Officer shall provide evidence
to the law enforcement officer that appropriate school personnel in
the school in which the juvenile is enrolled has within the school
year during which the truancy occurred:
(1)
Met with or attempted to meet with the juvenile's parent or
legal guardian to discuss the juvenile's truancy.
(2)
Provided an opportunity for educational counseling to the juvenile
and considered curriculum modifications.
(3)
Evaluated the juvenile to determine whether learning problems are
the cause of the truancy and, if so, taken steps to overcome the learning
problems.
(4)
Conducted an evaluation to determine whether social problems are
the cause of the juvenile's truancy and, if so, taken appropriate
action or made appropriate referrals.
D.
Form of citation. Any citation issued shall be returnable in court
in the same manner as all other ordinance citations are returnable.
The citation is to state on its face that this is a must appear citation
and no forfeiture amount is to be written on the face of the citation.
E.
Disposition. Upon a finding the juvenile is habitually truant, the
following dispositions are available to the court:
(1)
Suspension of operating privileges. Suspend the juvenile's operating
privileges as defined in § 340.01(40), Wis. Stats., for
not less than 30 days nor more than 90 days. If the court takes possession
of a license, it shall destroy the license. The court shall forward
to the Department of Transportation a notice stating the reason for
and duration of the suspension.[1]
(2)
Counseling, service or work program. Order the juvenile to participate
in counseling, community service or a supervised work program under
§ 938.34(5g), Wis. Stats.
(3)
In-house restraint. Order the juvenile to remain at home except for
the hours in which the juvenile 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 juvenile
to leave home if the juvenile is accompanied by a parent or legal
guardian.
(4)
Educational programs. Order the juvenile to attend an educational
program as set forth in § 938.34(7d), Wis. Stats.
(6)
Teen court program. Order the juvenile to be placed in a teen court
program if all of the following conditions apply:
(a)
The chief judge of the judicial administrative district has
approved a teen court program established in juvenile's county
of residence and the judge determines that participation in the court
program will likely benefit the juvenile and the community;
(b)
The juvenile admits or pleads no contest to the allegations
that the juvenile was truant in open court with the juvenile's
parent, legal guardian or legal custodian present;
(c)
The juvenile has not successfully completed participation in
a teen court program during the two years before the date of the alleged
violation.
(7)
Parental counseling. Order the parent, legal guardian or legal custodian
of a habitually truant juvenile to participate in counseling at his
or her own expense.
F.
Required school attendance.
(1)
Violations. Any person having under his/her control a juvenile who
is between the ages of six and 18, subject to the exceptions found
in § 118.15, Wis. Stats., shall cause the juvenile to attend
school regularly during the full period and hours that the public
or private school in which the juvenile shall 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.
(2)
Exceptions.
(a)
A person will not be found in violation of this subsection if
that person can prove that he/she is unable to comply with the provisions
of this section because of the disobedience of the juvenile. The juvenile
shall be referred to the court assigned to exercise jurisdiction under
Ch. 938, Wis. Stats.
(b)
A person will not be found in violation of this subsection if
he/she has a juvenile under his/her control and the child has been
sanctioned under § 49.26(1)(h), Wis. Stats.
(3)
Proof required for exacting a penalty. Before a person may be found guilty of violating this section, the school attendance officer must present evidence to the court that the activities under § 118.16(5), Wis. Stats., have been completed by the school system. If that evidence has been presented to the court and if the court finds a person guilty of violating this section, a forfeiture may be assessed pursuant to § 1-3 of this Code.[3]
G.
Contributing to truancy.
(1)
(2)
Subsection G(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.
H.
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.; or
(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.
A.
TOBACCO PRODUCTS
Definition of tobacco products. For the purposes of this section:
Any substance containing tobacco leaf, including, but not
limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco
or dipping tobacco.
B.
Purchase by minors prohibited. It shall be unlawful for any person
under the age of 18 years to purchase tobacco products, or to misrepresent
their identity or age, or to use any false or altered identification
for the purpose of purchasing tobacco products.
C.
Possession by minors prohibited. It shall be unlawful for any person
under the age of 18 years to posses any tobacco products, provided
that the possession by a person under the age of 18 years under the
direct supervision of the parent or legal guardian of such person
in the privacy of the parent's or legal guardian's home
shall not be prohibited.
D.
Statutes adopted. The provisions of §§ 254.92, 134.66
and 778.25(1)(a), Wis. Stats., are adopted by reference and incorporated
herein.
No person under the age of 18 years shall carry or possess a
lighted cigar, cigarette, pipe, or any other lighted smoking equipment
or tobacco product restricted by state law on public property within
500 feet of a school grounds within the Village of Clyman between
the hours of 7:00 a.m. and 5:00 p.m.
A.
Authority. This section is adopted pursuant to the authority granted
by § 66.0107(3) 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:
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 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 Code sections 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 sections of the 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 §§ 243-2 through 243-10, 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.
B.
Penalties. Except where another penalty is provided, violations of §§ 243-2 through 243-10 by a person under the age of 18 shall be punishable according to § 1-3 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.