[HISTORY: Adopted by the Town Board of the Town of Lowell 4-1-2004 as Title 11, Ch. 5, of the 2004
Code of Ordinances. Amendments noted where applicable.]
Adoption of state statute. Section 938.17(2), Wis. Stats., is hereby
adopted and by reference made a part of this section as if fully set
forth herein.
Provisions of ordinance applicable to persons 12 through 17 years
of age. Subject to the provisions and limitations of § 938.17(2),
Wis. Stats., complaints alleging a violation of any provision of this
Code against persons 12 through 17 years of age may be brought on
behalf of the Town of Lowell and may be prosecuted utilizing the same
procedures in such cases as are applicable to adults charged with
the same offense.
No incarceration as penalty. The Court shall not impose incarceration
as a penalty for any person convicted of an offense prosecuted under
this chapter.
Additional prohibited acts. In addition to any other provision of
the Code of the Town of Lowell, no person age 12 through 17 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, Wis. Stats.
Penalty for violations of Subsection D. Any person 12 through 17 years of age who shall violate the provisions of Subsection D shall be subject to the same penalties as are provided in § 1-3 of the Code of the Town of Lowell, exclusive of the provisions therein relative to commitment in the county jail.
Citation process. Juveniles may be cited by the citation process
on a form approved by the Town Attorney and shall contain on the reverse
side the penalties that the juvenile may receive simultaneously with
issuing the citation to the juvenile. A carbon copy will be mailed
to the parent or legal guardian.
Penalties. Violations by a person under the age of 18 shall be punishable
according to §§ 938.17(2), 938.343, 938.344 and 938.345
of the Wisconsin Statutes. Nothing in this section shall prevent the
juvenile officer, in his discretion, from referring cases directly
to the District Attorney's office.