[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.]
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.
ADULT
JUVENILE
Definitions. 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 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:
(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:
(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.
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:
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.
ACCEPTABLE EXCUSE
ACT OF COMMISSION OR OMISSION
HABITUAL TRUANT
TRUANCY
Definitions. For the purpose of this section, the following definitions
shall be applicable:
The meaning as defined in §§ 118.15 and 118.16(4),
Wis. Stats.
Anything that contributes to the truancy of a juvenile, whether
or not the juvenile is adjudged to be in need of protection or services,
if the natural and probable consequences of that act would be to cause
the child to be truant.
A pupil who is absent from school without an acceptable excuse
for either of the following:
Any absence 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.
(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.
