Village of East Troy, WI Chapter 318 Juveniles

[HISTORY: Adopted by the Village Board of the Village of East Troy 4-3-2000 by Ord. No. 2000-2 as Title 11, Ch. 5, of the 2000 Code. Amendments noted where applicable.]

§ 318-1 Curfew.

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, park, school grounds, place of amusement and entertainment, cemetery, playground, public building or any other public place in the Village of East Troy between the hours of 11:00 p.m. and 6:00 a.m. the next day, unless accompanied by his/her parent or legal guardian, or person having lawful custody and control of his/her person, or unless there exists a reasonable necessity therefor. The fact that said juvenile, 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 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, 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.

D. Detaining a juvenile. Pursuant to Chapter 938 of the Wisconsin Statutes, 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/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]

(1) Warning. The first time a juvenile is taken into custody by a law enforcement officer as provided in Subsection D 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/her care or 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 § 1-4 of this Code. After a second violation within a six-month period, if the defendant, in a prosecution under this section, proves that he/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 Chapter 938 of the Wisconsin Statutes. Any juvenile under 16 years of age who shall violate this section shall, upon conviction thereof, forfeit not less than $50 nor more than $100, together with the costs of prosecution.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 318-2 Possession of controlled substances by juveniles.

It shall be unlawful for any juvenile to possess a controlled substance contrary to the Uniform Controlled Substances Act, Chapter 961 of the Wisconsin Statutes.

§ 318-3 Petty theft by juveniles.

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.

§ 318-4 Receiving stolen goods.

It shall be unlawful for a juvenile to intentionally receive or conceal property he/she knows to be stolen.

§ 318-5 Village jurisdiction over juveniles.

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. Definitions. 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 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 of Ordinances against juveniles may be brought on behalf of the Village of East Troy 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 East Troy Code of Ordinances, 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 Chapter 125 of the Wisconsin Statutes.

F. Penalty for violations of Subsection E. Any juvenile 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 Village of East Troy, exclusive of the provisions therein relative to commitment in the county jail.[1]

[1] Editor's Note: Original § 11-5-6, Possession, manufacture and delivery of drug paraphernalia by a minor prohibited, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See now § 366-14, Drug paraphernalia.

§ 318-6 Truancy.

A. Authority. The authority for adoption of this section is § 118.163, Wis. Stats.

B. Definitions. For purposes of this section, the following definitions shall be applicable:

ACCEPTABLE EXCUSE

The meaning 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.

DROPOUT

A child who 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, is not enrolled in a program leading to high school graduation or a high school equivalency diploma, and does not have an acceptable excuse for being absent from school.

HABITUAL TRUANT

A pupil who is absent from school without an acceptable excuse for part or all of five or more days in which school is held during a school semester.

OPERATING PRIVILEGE

Has the meaning given in § 340.01(40), Wis. Stats.

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 considered truancy.

TRUANT

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.

C. Prohibition of truancy. A person under 18 years of age is prohibited from being truant.

D. 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 police officer in this Village is authorized to issue a citation to any such person who is determined to be a habitual truant under the terms of this section.

E. Prohibition of dropout. A person under 18 years of age is prohibited from being a dropout.

F. Preconditions to issuance of citation. Prior to the issuance of any citation, 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 have, 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.

G. Form of citation. Any citation issued 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.

H. Disposition for truant. Upon finding a child to be truant, the Court shall impose one or more of the following dispositions:

(1) Attendance order. An order for the person to attend school.

(2) Forfeiture. 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 of not more than $500 plus costs for all violations committed during a school semester. All or part of the forfeiture plus costs may be assessed against the child, the parents or legal guardians of the child, or both.

I. Disposition for habitual truant. Upon 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 365 days. The Judge shall immediately take possession of the suspended license and forward it to the Department of Transportation of the State of Wisconsin, together with a notice setting forth the reason for and duration of the suspension.

(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. The costs of such counseling, supervised work program or other community service may be assessed against the child, the parents or legal guardians of the child, or both.

(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) Education programs. Order the juvenile to attend an educational program as set forth in § 938.34(7d), Wis. Stats.

(5) Revocation of work permits. Order the Wisconsin Department of Workforce Development to revoke a work permit to the juvenile.[1]

[1] 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) Parental counseling. Order the parent, guardian or legal custodian of a habitually truant juvenile to participate in counseling at his/her own expense.

(8) Attendance order. Order the child to attend school.

(9) Forfeiture. 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 child, the parents or legal guardians of the child, or both.

(10) Other conditions. 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.

(11) Supervision placements. An order placing the child under formal or informal supervision as described in § 938.34(2), Wis. Stats., for up to one year.

J. 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 Chapter 48 or 938 of the Wisconsin Statutes.

(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 subsection, 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 subsection, a forfeiture may be assessed as hereinafter provided.

K. Contributing to truancy.

(1) Except as provided in Subsection K(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 K(4), of a juvenile shall be subject to a forfeiture pursuant to § 1-4.

(2) Subsection K(1) above does not apply to a person who has under his/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 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 guardian of the absent pupil, and also means intermittent attendance carried on for the purpose of defeating the intent of § 118.15, Wis. Stats.

L. Parent or 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.

(2) Penalty; exception.

(a) A person found to have violated Subsection L(1) above, after evidence is provided by a school official that the activities under § 118.16(5), Wis. Stats., have been completed, shall be subject to a forfeiture pursuant to § 1-4.

(b) Subsection L(2)(a) above does not apply to a person who has under his/her control a juvenile who has been sanctioned under § 49.26(1)(h), Wis. Stats., nor does it apply if the person proves that he/she is unable to comply with Subsection L(1) because of the disobedience of the juvenile.

§ 318-7 Unlawful sheltering of minors.

A. No person shall intentionally shelter or conceal a juvenile under the age of 18 who:

(1) Is a runaway child, meaning a juvenile who has run away from his/her parent, guardian or legal or physical custodian; or

(2) Is a child who may be taken into custody pursuant to § 938.19, Wis. Stats.

B. Subsection A applies when the following conditions are present:

(1) The person knows or should have known that the child is a child described in either Subsection A(1) or (2); and

(2) The child has been reported to a law enforcement agency as a missing person or as a child described in Subsection A(1) or (2).

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, 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 Chapter 48 of the Wisconsin Statutes that he/she is sheltering or concealing such child and provides the person or agency notified with all information requested.

§ 318-8 Sale, purchase or possession of tobacco products.

A. Definition of tobacco products. For the purpose of this section, "tobacco products" mean any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, nicotine containing or dispensing products, such as e-cigarettes or vapor cigarettes.

[Amended 7-20-2015 by Ord. No. 2015-04]

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 his or her 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 possess 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 guardian's home shall not be prohibited.

D. Sale to minor prohibited. No person shall sell, purchase for or distribute samples of or furnish any tobacco product in any form to any minor under 18 years of age within the limits of the Village.

[Amended 7-20-2015 by Ord. No. 2015-04]

E. Statutes adopted. The provisions of §§ 254.92, 134.66 and 778.25(1)(a), Wis. Stats., are adopted by reference and incorporated herein.

§ 318-9 Criminal gang activity.

A. Authority. This section is adopted pursuant to the authority granted by § 66.0107 and Chapter 948 of the Wisconsin Statutes.

B. Definitions. For purposes of this section, the following terms are defined:

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 activity.

PATTERN OF CRIMINAL GANG ACTIVITY

Has the same meaning as the definition in § 939.22(21), Wis. Stats., the list of offenses in this chapter and the following chapters of this Code: Chapter 305, Article II, Alcohol Beverages in Public Areas, Chapter 354, Nuisances, and Chapter 366, Peace and Good Order.

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.

§ 318-10 Parental responsibility for misconduct of minors.

A. Purpose. The purpose of this section is to reduce incidence of misconduct by juveniles by requiring proper supervision on the part of custodial parents.

B. Definitions. The following definitions shall be applicable in this section, unless otherwise defined:

CHILD

A person under the age of 17 years.

CUSTODIAL PARENT

A parent of a child who has custody of said child.

CUSTODY

Either physical custody of a child under a court order under § 767.225 or 767.41, Wis. Stats., custody of a child under a stipulation pursuant to § 767.34, Wis. Stats., or actual physical custody of the child. "Custody" does not include legal custody as defined under § 48.02(12), Wis. Stats., by an agency or person other than a child's birth or adoptive parent. In determining which parent has custody of a child for purposes of this section, the court shall consider which parent had responsibility for caring for and supervising the child at the time that the child's ordinance violations occurred.

STATUS OFFENSE

An offense for which only an individual under the age of 18 may be charged.

C. Prohibited conduct. Every custodial parent has a duty to properly supervise his/her child. Any custodial parent whose child is convicted of a Village of East Troy Code of Ordinances violation, excluding violations of the traffic code or status offenses, twice in a six-month period 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 conviction.

D. Parent effectiveness training. The first time a person is convicted of an offense described in Subsection C, the person shall not be required to pay a fine exceeding $100 if the person successfully participates in, and completes, a court-approved parent effectiveness program to the satisfaction of the court. The parents will be responsible for the cost of this program.

E. Penalty. The offense described shall be subject to those penalties as prescribed in § 1-4 of the Village of East Troy Code of Ordinances.

§ 318-11 Enforcement; violations and penalties.

A. Citation process. For violations of §§ 318-2 through 318-9, juveniles may be cited by the citation process on a form approved by the Village Attorney, which 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 §§ 318-2 through 318-9 by a person under the age of 18 shall be punishable according to § 1-4 of the Code of the Village of East Troy 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.