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City of Glenwood City, WI
St. Croix County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Glenwood City at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Amendments noted where applicable.]
GENERAL REFERENCES
Alcohol beverages — See Ch. 163.
Bicycles and play vehicles — See Ch. 177.
Snowmobiles and all-terrain vehicles — See Ch. 352.
The Common Council hereby adopts and incorporates by reference Chapter 314, Peace and Good Order, of this Code as applicable to juveniles. With the exception of § 938.342, Wis. Stats., the penalty for the commission of those offenses and such offenses in this chapter shall be limited to a forfeiture imposed under § 1-4 of this Code. Any future amendments, revisions or modifications of the statutes incorporated herein by reference are intended to be made a part of this chapter.
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 against juveniles may be brought on behalf of the City of Glenwood City 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. 
Court authority to impose alternative juvenile dispositions and sanctions.
(1) 
For a juvenile adjudged to have violated an ordinance, a court is authorized to impose any of the dispositions listed in §§ 938.343 and 938.344, Wis. Stats., in accordance with the provisions of those statutes and this subsection.
(2) 
For a juvenile adjudged to have violated an ordinance who violates a condition of a dispositional order of the court under § 938.343 or 938.344, Wis. Stats., the court is authorized to impose any of the sanctions listed in § 938.355(6)(d), Wis. Stats., in accordance with the provisions of that statute.
(3) 
This subsection is enacted under the authority of § 938.17(2)(cm), Wis. Stats.
F. 
Juvenile disposition alternatives for alcohol and drug offenses.
(1) 
If a juvenile is found to have engaged in underage drinking of alcohol, drinking of alcohol on school premises or at a school-sponsored activity, falsifying proof of age, possessing drug paraphernalia, or delivery of drug paraphernalia to a minor in violation of City ordinances, the court may order any of the following:
(a) 
A forfeiture.
(b) 
Suspension or revocation of the juvenile's driver's license.
(c) 
Participation in a supervised work program.
(2) 
After ordering any of the above penalties, the court may, with the juvenile's agreement, enter an additional order staying the execution of the penalty order and suspending or modifying the penalty imposed and may require the juvenile to do any of the following:
(a) 
Submit to an Alcohol or Other Drug Abuse (AODA) assessment.
(b) 
Participate in an outpatient AODA treatment program if an AODA assessment recommends treatment.
(c) 
Participate in an AODA education program.
(3) 
In addition to the dispositions listed above, the court may order a juvenile to participate in a teen court program if the following conditions are satisfied:
(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 committed the violation specified in Subsection F(1) 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.
(4) 
If the court finds that a juvenile's parent or guardian is unable to provide or refuses to provide court-ordered AODA services for the juvenile through his or her health insurance or other third-party payments, the court may order the parent or health insurer to pay.
(5) 
If payment is not attainable as described in Subsection F(4) above, the court may order the municipality to pay for any AODA services so ordered.
G. 
Dispositional alternatives for other ordinance violations. The court may impose one or more of the dispositional alternatives listed in § 938.343, Wis. Stats., against a juvenile found to have violated a municipal ordinance, for which no penalty is otherwise provided.
H. 
Violation of juvenile dispositional orders. The court may impose the following sanctions on a juvenile who has violated a City ordinance and who has violated a condition of his or her dispositional order:
(1) 
Suspend the juvenile's operating privilege for a period not more than 90 days.
(2) 
Detain the juvenile in his or her home or current residence for not more than 30 days without electronic monitoring.
(3) 
Order not more than 25 hours of community service work in a supervised work program.
A. 
Curfew established. It shall be unlawful for any person under 16 years of age to be on foot, bicycle or in any type of vehicle on any public street, avenue, highway, road, alley, park, school grounds, place of amusement and entertainment, cemetery, playground, public building or any other public place in the City of Glenwood City between the hours of 11:00 p.m. and 6:00 a.m. unless accompanied by his or her parent or guardian, or person having lawful custody and control of his or her person, or unless there exists a reasonable necessity therefor. The fact that said child, unaccompanied by a parent, guardian or other person having legal custody, is found upon any such public place during aforementioned hours shall be prima facie evidence that said child is there unlawfully and that no reasonable excuse exists therefor.
B. 
Exceptions.
(1) 
This section shall not apply to a child:
(a) 
Who is performing an errand as directed by his parent, guardian or person having lawful custody.
(b) 
Who is on his own premises or in the areas immediately adjacent thereto.
(c) 
Whose employment makes it necessary to be upon the streets, alleys or public places or in any motor vehicle during such hours.
(d) 
Who is returning home from a supervised school, church or civic function, but not later than 30 minutes after the ending of such function.
(e) 
Who is participating in the St. Croix County Fair, provided that the child remains on the fairgrounds property.
(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 16 years of age to allow or permit such person to violate the provisions of Subsection A or B above. The fact that prior to the present offense a parent, guardian or custodian was informed by any law enforcement officer of a separate violation of this section occurring within 30 days of the present offense shall be prima facie evidence that such parent, guardian or custodian allowed or permitted the present violation. The defenses available under Subsection E(2) of this section shall also apply.
D. 
Taking a child into custody.
(1) 
Every law enforcement officer while on duty is hereby authorized to take into custody any child violating the provisions of Subsection A above. Children taken into custody shall be released from custody as soon as is reasonably possible. A person taking a child into custody shall make every effort immediately to release the child to the child's parent, guardian, or legal custodian or, if the parent, guardian, or legal custodian is unavailable, unwilling, or unable to provide supervision for the child, may release the child to a responsible adult and verbally counsel or warn as may be appropriate or, in the case of a runaway child, may release the child to a home authorized under § 48.227, Wis. Stats. The parent, guardian, legal custodian, or other responsible adult to whom the child is released shall sign a release for the child.
(2) 
If the child is not released under this subsection, the officer shall deliver the child to the St. Croix County Juvenile Court Intake Worker in a manner determined by the court and law enforcement agencies, stating in writing with supporting facts the reasons why the child was taken into physical custody and giving any child 12 years of age or older a copy of the statement in addition to giving a copy to the Intake Worker. A juvenile violating this curfew regularly may be warned by an officer on duty in his discretion and sent home in lieu of taking the juvenile into custody.
(3) 
If the child is believed to be suffering from a serious physical condition which requires either prompt diagnosis or prompt treatment, the officer shall take such action as is required under § 48.20(4), Wis. Stats. If the child is believed to be mentally ill, drug dependent, or developmentally disabled and exhibits conduct which constitutes a substantial risk of physical harm to the child or to others, the officer shall take such action as is required under § 48.20(5), Wis. Stats. If the child is believed to be an intoxicated person who has threatened, attempted, or inflicted physical harm on himself or herself or on another and is likely to inflict such physical harm unless committed or is incapacitated by alcohol, the officer shall take such action as is required under § 48.20(6), Wis. Stats.
E. 
Warning and penalty.
(1) 
Warning. The first time a child is taken into custody by a law enforcement officer as provided in Subsection D above, the parent, guardian, or person having legal custody of the child shall be advised as to the provisions of this section and further advised that any violation of this section occurring thereafter by this child or any other child under his or her care or custody shall result in a penalty being imposed as hereinafter provided.
(2) 
Penalty. Any parent, guardian, or person having legal custody of a child 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, asserts an affirmative defense 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 may, based on the totality of the circumstances, be referred to the court assigned to exercise jurisdiction under Ch. 48, Wis. Stats. Any minor person under 16 years of age who shall violate this section shall, upon conviction thereof, forfeit not less than $10 nor more than $50, together with the costs of prosecution.
A. 
Definitions. For the purpose 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.
HABITUAL TRUANT
A pupil who is absent from school without an acceptable excuse for either of the following:
(1) 
Part or all of five or more days out of 10 consecutive days in which school is held during a school semester.
(2) 
Part or all of 10 or more days in which school is held during a school semester.
TRUANCY
Any absence for 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 habitual truant. 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 habitual truant as the term is 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 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 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 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 the 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 that 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. 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.
(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 guardian.
(4) 
Educational 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 Department of Workforce Development to revoke a work permit to the juvenile.
(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 or her own expense.
F. 
Contributing to truancy.
(1) 
Except as provided in Subsection F(2) below, any person 17 years of age or older who, by any 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 of this Code.
(2) 
Subsection F(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 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 or omission would be to cause the juvenile to be truant.
G. 
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; nonapplicability.
(a) 
A person found to have violated Subsection G(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 of this Code.
(b) 
Subsection G(2)(a) 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., nor does it apply if the person proves that he or she is unable to comply with Subsection G(1) because of the disobedience of the juvenile.