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City of Brodhead, WI
Green County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Brodhead as Title 11, Ch. 5, of the 1997 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Amusement arcades — See Ch. 174.
Cigarettes — See Ch. 215.
Intoxicating liquor and fermented malt beverages — See Ch. 290.
Peace and good order — See Ch. 354.
A. 
Curfew established.
(1) 
No person 14 years of age or under shall be or remain in or upon any of the streets, alleys or public places in the City of Brodhead between the hours of 9:00 p.m. and 6:00 a.m. of the next day on each day of the week, except Friday and Saturday, and from 10:00 p.m. Friday to 6:00 a.m. Saturday and 10:00 p.m. Saturday to 6:00 a.m. Sunday, unless such person is accompanied by a parent, legal guardian or some person of lawful age having the legal custody of such person or unless he/she is in the performance of an errand or duty directed by such parent, guardian or legal custodian or unless his/her employment makes it necessary for him/her to be upon such streets, alleys or public places during such hours.
[Amended 3-17-2015]
(2) 
No person under 18 but over 14 years of age shall be or remain in or upon any of the streets, alleys or public places in the City between 10:00 p.m. and 6:00 a.m. of the next day on each day of the week, except Friday and Saturday, and from 11:00 p.m. Friday to 6:00 a.m. Saturday and 11:00 p.m. Saturday to 6:00 a.m. Sunday, unless such person is accompanied by a parent, guardian or some person of lawful age having the legal custody of such person or unless he/she is in the performance of an errand or duty directed by such parent, guardian or legal custodian or unless his/her employment makes it necessary for him/her to be upon such streets, alleys or public places during such hours.
[Amended 3-17-2015]
(3) 
The fact that said child, unaccompanied by a 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 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/her parent, guardian or person having lawful custody, care or control.
(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 30 minutes after the ending of such 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. 
Parental responsibility. It shall be unlawful for any parent, guardian or other person having the lawful care, custody and control of any person under 18 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, 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 person under 18 years of age 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, 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 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 police officer may make such necessary arrangements as may be necessary under the circumstances for the juvenile's welfare.
E. 
Warning and penalty.
(1) 
Warning.
(a) 
The first time a juvenile person under 18 years of age violates this section, the juvenile person shall receive a warning. All subsequent violations shall result in the issuance of a citation.
(b) 
The first time a juvenile is detained by a law enforcement officer of the City, as provided in Subsection D, the parent, guardian or person having legal custody of such juvenile shall be advised as to the provisions of this section and further advised that any violation of this section occurring thereafter by such juvenile or any other juvenile under the care of such parent, guardian or person having legal custody shall result in a penalty being imposed as hereinafter provided.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
Penalty.
(a) 
Any juvenile person under 18 years of age who violates this section and receives a citation shall, upon conviction thereof, forfeit not less than $1 nor more than $25, together with the costs of prosecution.
(b) 
Any parent, legal guardian, or person having legal custody of a child described in Subsection E(2)(a) above who has been warned in the manner provided in Subsection E(1)(b) herein and who thereafter violates this section shall be subject to a penalty as provided in § 1-4 of the Code of the City of Brodhead. 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. 938, Wis. Stats.
It shall be unlawful for any person under the age of 17 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 17, 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 knows to be stolen.
A. 
Adoption of state statute. Sections 938.02 and 938.17(2), Wis. Stats., are hereby adopted and by reference made a part of this chapter as if fully set forth herein.
B. 
Definitions of "adult" and "juvenile." As used in this section, the following terms shall have the meanings indicated:
ADULT
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.
JUVENILE
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 chapter 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 City of Brodhead 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 City of Brodhead 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 who shall violate the provisions of Subsection E shall be subject to the same penalties as are provided in § 1-4 of the Code of the City of Brodhead.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Definitions. In this section, the following terms shall have the meanings indicated:[1]
DRUG PARAPHERNALIA
All equipment, products and materials of any kind that are used, designed for use or primarily intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance or controlled substance analog in violation of this chapter.
(1) 
"Drug paraphernalia" includes, but is not limited to, any of the following:
(a) 
Kits used, designed for use or primarily intended for use in planting, propagating, cultivating, growing or harvesting of any species of plant that is a controlled substance or from which a controlled substance or controlled substance analog can be derived.
(b) 
Kits used, designed for use or primarily intended for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances or controlled substance analogs.
(c) 
Isomerization devices used, designed for use or primarily intended for use in increasing the potency of any species of plant that is a controlled substance.
(d) 
Testing equipment used, designed for use or primarily intended for use in identifying, or in analyzing the strength, effectiveness or purity of, controlled substances or controlled substance analogs.
(e) 
Scales and balances used, designed for use or primarily intended for use in weighing or measuring controlled substances or controlled substance analogs.
(f) 
Dilutents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, designed for use or primarily intended for use in cutting controlled substances or controlled substance analogs.
(g) 
Separation gins and sifters used, designed for use or primarily intended for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana.
(h) 
Blenders, bowls, containers, spoons and mixing devices used, designed for use or primarily intended for use in compounding controlled substances or controlled substance analogs.
(i) 
Capsules, balloons, envelopes and other containers used, designed for use or primarily intended for use in packaging small quantities of controlled substances or controlled substance analogs.
(j) 
Containers and other objects used, designed for use or primarily intended for use in storing or concealing controlled substances or controlled substance analogs.
(k) 
Objects used, designed for use or primarily intended for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:
[1] 
Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes, with or without screens, permanent screens, hashish heads, or punctured metal bowls;
[2] 
Water pipes;
[3] 
Carburetion tubes and devices;
[4] 
Smoking and carburetion masks;
[5] 
Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand;
[6] 
Miniature cocaine spoons and cocaine vials;
[7] 
Chamber pipes;
[8] 
Carburetor pipes;
[9] 
Electric pipes;
[10] 
Air-driven pipes;
[11] 
Chilams;
[12] 
Bongs;
[13] 
Ice pipes or chillers.
(2) 
"Drug paraphernalia" excludes:
(a) 
Hypodermic syringes, needles and other objects used or intended for use in parenterally injecting substances into the human body.
(b) 
Any items, including pipes, papers and accessories, that are designed for use or primarily intended for use with tobacco products.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Determination of drug paraphernalia. In determining whether an object is drug paraphernalia, a court or other authority shall consider, in addition to all other legally relevant factors, the following:[2]
(1) 
Statements by an owner or by anyone in control of the object concerning its use.
(2) 
The proximity of the object, in time and space, to a direct violation of this chapter.
(3) 
The proximity of the object to controlled substances or controlled substance analogs.
(4) 
The existence of any residue of controlled substances or controlled substance analogs on the object.
(5) 
Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he or she knows intend to use the object to facilitate a violation of this chapter; the innocence of an owner, or of anyone in control of the object, as to a direct violation of this chapter shall not prevent a finding that the object is designed for use or primarily intended for use as drug paraphernalia.
(6) 
Instructions, oral or written, provided with the object concerning its use.
(7) 
Descriptive materials accompanying the object that explain or depict its use.
(8) 
Local advertising concerning its use.
(9) 
The manner in which the object is displayed for sale.
(10) 
Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products.
(11) 
The existence and scope of legitimate uses for the object in the community.
(12) 
Expert testimony concerning its use.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Prohibited uses.
(1) 
Possession of drug paraphernalia. No person 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 this subsection.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(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 this subsection.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(3) 
Delivery of drug paraphernalia by a juvenile to juvenile. Any person who is under 18 years of age who violates this Subsection C(3) 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.
D. 
Drug paraphernalia prohibited for adults. The City does hereby adopt by reference §§ 961.573, 961.574 and 961.575, Wis. Stats., relating to the possession, manufacture, sale and delivery of drug paraphernalia.
E. 
Penalties. Any person who violates Subsection C(1), (2) or (3) shall, upon conviction, be subject to disposition under § 938.344(2e), Wis. Stats.
A. 
Definitions. For the purpose of this section, the following definitions shall be applicable:
ACCEPTABLE EXCUSE
As defined in §§ 118.15 and 118.16(4), Wis. Stats.
ACT OF COMMISSION OR OMISSION
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.
HABITUAL TRUANT
A pupil who is absent from school without an acceptable excuse for part or all of five or more days on which school is held during the school semester.
TRUANCY
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 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 truancy and habitual truancy. Any person attending school in the City between the ages of six and 18 years, subject to the exceptions found under § 118.15, Wis. Stats., is prohibited from becoming a truant and/or a habitual truant as those terms are defined in this section. Any police officer in this City is authorized to issue a citation to any such person who is determined to be a truant or a habitual truant under the terms of this section.
C. 
Preconditions to issuance of citation. Prior to the issuance of any citation alleging habitual truancy, the district school attendance officer shall provide evidence to the Police Department that appropriate school personnel in the school in which the juvenile is enrolled has within the school year during which the habitual truancy occurred:
(1) 
Met with or attempted to meet with the juvenile's parent or guardian to discuss the juvenile's truancy and received no response or were refused.
(2) 
Provided an opportunity for educational counseling to the juvenile to determine whether a change in the juvenile's curriculum would resolve the juvenile's truancy and have considered curriculum modifications.
(3) 
Evaluated the juvenile to determine whether learning problems may be a cause of the juvenile's truancy and, if so, have taken steps to overcome the learning problems, except that the juvenile need not be evaluated if tests administered to the juvenile within the previous year indicate that the juvenile is performing at his or her grade level.
(4) 
Conducted an evaluation to determine whether social problems may be a cause of the juvenile's truancy and, if so, have taken appropriate action or made appropriate referrals.
D. 
Form of citation. Any citation issued alleging truancy or habitual truancy shall be returnable in the municipal 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 finding a juvenile habitually truant, the following dispositions are available to the court:
(1) 
Suspension of the person's operating privilege for not less than 30 days nor more than one year. The court may take possession of any suspended license. 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 the duration of the suspension.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
Counseling, service or work program. Order the juvenile to participate in counseling or a supervised work program or other community service work as described in § 938.34(5g), Wis. Stats. The costs of any such counseling, supervised work program or other community service work may be assessed against the juvenile, the parent or guardian of the juvenile, or both.
(3) 
Inhouse 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 guardian.
(4) 
Educational programs. Order the juvenile to attend an educational program as described in § 938.34(7d), Wis. Stats.
(5) 
Revocation of work permits. Order the Department of Workforce Development to revoke a permit under § 103.70, Wis. Stats., authorizing the employment of the juvenile.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(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 the 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, 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) 
Order to attend. Order the juvenile to attend school.
(8) 
Forfeiture. Order 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 juvenile, the parent or guardian of the juvenile, or both.
(9) 
Other restrictions. Order any other reasonable conditions consistent with this subsection, including a curfew, restrictions as to going to or remaining on specified premises and restrictions on associating with other children or adults.
(10) 
Parental counseling/school attendance. Order the juvenile'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 juvenile, or both.
F. 
Disposition for truants. Upon finding a juvenile truant, the following dispositions are available to the court:
(1) 
Order to attend. Ordering the juvenile to attend school.
(2) 
Forfeiture. Impose 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 or subsequent violation committed within 12 months of a previous violation, subject to § 938.37, Wis. Stats., and subject to a maximum cumulative forfeiture amount 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 juvenile, the parent or guardian of the juvenile, or both.
G. 
Compulsory school attendance.
(1) 
Requirement. 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, 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.
(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. 48, 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 or were not required to be completed. 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 as hereinafter provided.
(4) 
Penalties. Except as provided for in Subsection G(2) above, whoever violates this subsection may be penalized as follows, if the evidence required in Subsection G(3) above has been established:
(a) 
For a first offense, by a fine of not more than $500.
(b) 
For a second or subsequent offense, by a fine of not more than $1,000.
(c) 
Requirement that the violator perform community service work for a public agency or a nonprofit charitable organization in lieu of the fines set forth above.
(d) 
Order participation in counseling at the violator's own expense or order the violator to attend school with his or her child, or both.
H. 
Contributing to truancy.
(1) 
Except as provided in Subsection H(2) below, any person 18 years of age or older who, by an act or omission, knowingly encourages or contributes to the truancy, as defined in Subsection A, of a juvenile shall be subject to a forfeiture pursuant to § 1-4.
(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.[3]
[3]
Editor's Note: Original § 11-5-7(h)(4) of the 1997 Code, which defined "truancy" and immediately followed this subsection, was repealed 3-17-2015.
[Amended 8-12-2019 by Ord. No. 2019-009]
No person under the age of 18 years shall possess or carry a cigarette, tobacco product, or electronic nicotine delivery system within the City of Brodhead. A "cigarette," for purposes of this section, has the meaning given in § 139.30(1m), Wis. Stats. "Tobacco products," for purposes of this section, has the meaning given in § 139.75(12), Wis. Stats. "Electronic nicotine delivery system," for purposes of this section, means any product containing or delivering nicotine, or any other substance, whether natural or synthetic, intended for human consumption through the inhalation of aerosol or vapor from the product. The term electronic nicotine delivery system includes any component part of a product, whether or not marketed or sold separately, but is not limited to, devices manufactured, marketed, or sold as vapes, vaporizers, vape pens, hookah pens, electronic cigarettes (e-cigarettes, e-cigs or e-cigars), and e-pipes, mods, tank systems, or under any other product name or descriptor for the delivery of noncombustible nicotine or tobacco product.
[Amended 3-17-2015; 8-12-2019 by Ord. No. 2019-009]
A. 
No person under 18 years of age may falsely represent his or her age for the purpose of receiving any cigarette, nicotine product, tobacco product or electronic nicotine delivery system. For purposes of this section, the terms "cigarette," "tobacco product" or "electronic nicotine delivery system" have the meanings given in § 301-8.
B. 
No person under 18 years of age may purchase, attempt to purchase or possess any cigarette, nicotine product, tobacco product or electronic nicotine delivery system, except as follows:
(1) 
A person under 18 years of age may purchase or possess cigarettes, nicotine products, tobacco products or electronic nicotine delivery system for the sole purpose of resale in the course of employment during his or her working hours if employed by a retailer.
(2) 
A person under 18 years of age, but not under 15 years of age, may purchase, attempt to purchase or possess cigarettes, nicotine products, tobacco products or electronic nicotine delivery systems in the course of his or her participation in an investigation under § 254.916, Wis. Stats., that is conducted in accordance with § 254.916(3), Wis. Stats.
C. 
No person may purchase cigarettes, tobacco products, nicotine products or electronic nicotine delivery systems on behalf of, or to provide to, any person who is under 18 years of age. Any person who violates this subsection may be:
(1) 
Required to forfeit not more than $100 if the person has not committed a previous violation within 30 months of the violation.
(2) 
Required to forfeit not more than $500 if the person has committed a previous violation within 30 months of the violation.
(3) 
Required to forfeit not more than $1,000 if the person has committed two previous violations within 30 months of the violation.
(4) 
Required to forfeit not more than $10,000 if the person has committed three or more previous violations within 30 months of the violation.
D. 
A law enforcement officer shall seize any cigarette, nicotine product, tobacco product or electronic nicotine delivery system that has been sold to and/or is in the possession of a person under 18 years of age.
A. 
Authority. This section is adopted pursuant to the authority granted by § 66.0107 and Ch. 948, Wis. Stats.
B. 
Definitions. For purposes of this section, the following terms are defined as follows:
CRIMINAL GANG
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.
PATTERN OF CRIMINAL GANG ACTIVITY
Has the same meaning as the definition in § 939.22(21), Wis. Stats., the list of offenses in Subsections (a) to (s) of that section of the statute, and Chapter 290, Article II, and Chapters 301, 334 and 354 of this Code.
UNLAWFUL ACT
Includes a violation of any of the Municipal 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 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 §§ 301-2 through 301-10, juveniles may be cited by the citation process on a form approved by the City 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]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Penalties. Violations of §§ 301-2 through 301-10 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/her discretion, from referring cases directly to the District Attorney's office.