[HISTORY: Adopted by the Common Council of the City of Brodhead
as Title 11, Ch. 5, of the 1997 Code. Amendments noted where applicable.]
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]
(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.
ADULT
JUVENILE
Definitions of "adult" and "juvenile." As used in this section, the
following terms shall have the meanings indicated:
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 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.
A.
DRUG PARAPHERNALIA
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
[1]
[2]
[3]
[4]
[5]
[6]
[7]
[8]
[9]
[10]
[11]
[12]
[13]
(2)
Definitions. In this section, the following terms shall have the
meanings indicated:[1]
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.
"Drug paraphernalia" includes, but is not limited to, any of
the following:
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.
Kits used, designed for use or primarily intended for use in
manufacturing, compounding, converting, producing, processing or preparing
controlled substances or controlled substance analogs.
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.
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.
Scales and balances used, designed for use or primarily intended
for use in weighing or measuring controlled substances or controlled
substance analogs.
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.
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.
Blenders, bowls, containers, spoons and mixing devices used,
designed for use or primarily intended for use in compounding controlled
substances or controlled substance analogs.
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.
Containers and other objects used, designed for use or primarily
intended for use in storing or concealing controlled substances or
controlled substance analogs.
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:
Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes,
with or without screens, permanent screens, hashish heads, or punctured
metal bowls;
Water pipes;
Carburetion tubes and devices;
Smoking and carburetion masks;
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;
Miniature cocaine spoons and cocaine vials;
Chamber pipes;
Carburetor pipes;
Electric pipes;
Air-driven pipes;
Chilams;
Bongs;
Ice pipes or chillers.
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.
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]
(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]
(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.
A.
ACCEPTABLE EXCUSE
ACT OF COMMISSION OR OMISSION
HABITUAL TRUANT
TRUANCY
Definitions. For the purpose of this section, the following definitions
shall be applicable:
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 part or all of five or more days on which school is held during
the school semester.
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]
(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.
(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.
(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.
CRIMINAL GANG
PATTERN OF CRIMINAL GANG ACTIVITY
UNLAWFUL ACT
Definitions. For purposes of this section, the following terms are
defined as follows:
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 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]
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.
