[HISTORY: Adopted by the Village Board of the Village of
Fredonia as Title 11, Ch. 5, and Sec. 11-2-10 of the 1995 Code. Amendments
noted where applicable.]
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,
cemetery, playground, public building or any other public place in
the Village of Fredonia between the hours of 11:00 p.m. and 5:00 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 parent, 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 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.
(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 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.
Any parent, 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 16 years of age to violate
this section.
D.
Responsibility of places of amusement. It shall be unlawful for any
person, firm or organization operating or in charge of any place of
amusement, entertainment, refreshment or other place of business to
permit any minor under 16 years of age to loiter, loaf or idle in
such a place during the hours prohibited by this section. Whenever
the owner or person in charge or in control of any place of amusement,
entertainment, refreshment or other place of business during the hours
prohibited by this section shall find persons under 16 years of age
loitering, loafing or idling in such place of business, he shall immediately
order such person to leave and if such person refuses to leave said
place of business, the operator shall immediately notify the Police
Department and inform them of the violation.
E.
Detaining a minor. Law enforcement officers are hereby authorized
to detain any minor violating the provisions of this section and immediately
notify the parent, guardian or person having legal custody of the
minor; the person so notified shall as soon as reasonably possible
thereafter report to Village law enforcement officers for the purpose
of taking custody of the minor and shall sign a release for him or
her, or such child may be taken directly from the scene of his apprehension
to his home. If such child's parents or relative living nearby cannot
be contacted to take custody of such child and it is determined by
the apprehending officer that the child'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 child's welfare.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
F.
Penalty.
(1)
Any parent, guardian or person having legal custody of a child described in Subsections A through E who has been warned in the manner provided in Subsection E and who thereafter violates any of the provisions of this section shall be subject to a penalty as provided in § 1-4 of this Code of Ordinances. 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.
(2)
Any minor person under 16 years of age who shall violate this section
shall, upon conviction thereof, pay the forfeiture in accordance with
the current Village Schedule of Forfeitures,[1] together with the cost of prosecution.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)[2]]
It shall be unlawful for any person under the age of 18, 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 18 to intentionally
receive or conceal property he knows to be stolen.
A.
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.
B.
Provisions of chapter 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 of Ordinances against persons 12 through 17 years of age may
be brought on behalf of the Village of Fredonia and may be prosecuted
utilizing the same procedures in such cases as are applicable to adults
charged with the same offense.
C.
No incarceration as penalty. The Court shall not impose incarceration
as a penalty for any person convicted of an offense prosecuted under
this section.
D.
Additional prohibited acts. In addition to any other provision of
the Village of Fredonia Code of Ordinances, 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 Ch. 125, Wis. Stats.
[Amended 6-16-2022 by Ord. No. 2022-3]
A.
CIGARETTE
ELECTRONIC SMOKING DEVICE
NICOTINE PRODUCT
SCHOOL
SMOKE or SMOKING
VAPOR PRODUCTS
Definitions. As used herein below, the following terms shall have
the meanings indicated:
Has the meaning given in § 139.30(1m), Wis. Stats.
Any product containing or delivering nicotine or any other
similar substance intended for human consumption that can be used
by a person to stimulate smoking through inhalation of vapor or aerosol
from the product. Electronic smoking device includes any components
and parts of such product, whether or not sold separately including,
without limitation, nicotine-containing e-liquids, a glass or plastic
vial container of e-liquid, cartridges, atomizers, batteries, cartomizers,
clearomizers, digital display or lights to adjust settings, tank systems,
drip tips and flavorings.
A product that contains nicotine and is not any of the following:
A public, parochial, private, or tribal school which provides
an educational program for one or more grades between Grades 1 and
12 and which is commonly known as an elementary school, middle school,
junior-high school, senior-high school or high school.
The act of inhaling, exhaling, burning, or carrying any lighted
or heated cigar, cigarette, or pipe, or any other lighted or heated
tobacco or plant product intended for inhalation including, without
limitation, hookahs and marijuana, whether natural or synthetic, in
any manner or form. Smoking also includes the use of an electronic
smoking device which creates an aerosol or vapor, in any manner or
form, or the use of any oral smoking device for the purpose of circumventing
the prohibition of smoking set forth in this section.
Noncombustible products, that may or may not contain nicotine,
that employ a mechanical heating element, battery, electronic circuit,
or other mechanism, regardless of shape or size, that can be used
to produce a vapor in a solution or other form. "Vapor products" includes,
without limitation, any vapor cartridge, solution, or other container
or form, with or without nicotine, that is intended to be used with
an electronic cigarette, electronic cigar, electronic cigarillo, electronic
pipe, or similar product or device. "Vapor products" do not include
any products regulated by the US Food and Drug Administration under
Chapter V of the Food, Drug, and Cosmetic Act.
B.
Restrictions on sale or gift of nicotine products to persons under
18 years of age. Except as modified by this section, § 134.66,
Wis. Stats. (as amended from time to time), relating to restrictions
on the sale or gift of nicotine products to persons under the age
of 18, is hereby adopted by reference as though set forth herein.
C.
Purchase or possession of nicotine products by persons under 18 years
of age prohibited. Except as modified by this section, § 254.92,
Wis. Stats. (as amended from time to time), prohibiting, with certain
exceptions, the purchase, attempted purchase, or possession of nicotine
products by persons under the age of 18, and prohibiting the purchase
of nicotine products by persons on behalf of or to provide to persons
under the age of 18, is hereby adopted by reference as though set
forth herein.
D.
Possession or use of nicotine products, vapor products or electronic
smoking devices by person under age 18 prohibited within the village,
school buildings, grounds and activities. No person under the age
of 18 shall possess, smoke, or otherwise use any nicotine product,
vapor product, or electronic smoking device with the Village including,
without limitation, inside any building owned, leased or used by a
school; on any school grounds; while attending or participating in
a school event or activity; or at an education facility as defined
in § 101.123(1), Wis. Stats.
E.
Use of nicotine products, vapor products or electronic smoking devices
in school buildings, on school grounds or at school activities prohibited.
No person shall smoke or otherwise use any nicotine product, vapor
product, or electronic smoking device inside any building owned, leased
or used by a school; on any school grounds; while attending or participating
in a school event or activity; or at an educational facility as defined
in § 101.123(1), Wis. Stats.
F.
Possession or use of nicotine products, vapor products or electronic
smoking devices in or upon village building premises prohibited. No
person under the age of 18 shall possess, smoke, or otherwise use
any nicotine product, vapor product or electronic smoking device in
or upon any building premises owned, leased or used by the Village.
G.
Sale or gift of vapor products or electronic smoking device to persons
under 18 years of age prohibited. Consistent with §§ 134.66
and 254.92, Wis. Stats., no person shall sell, or provide for no or
nominal consideration, any vapor product or electronic smoking device
to persons under the age of 18.
A.
DRUG PARAPHERNALIA
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
All equipment, products, and materials of any kind which
are used, intended for use, or designed for use, in planting, propagating,
cultivating, growing, harvesting, manufacturing, selling, distributing,
delivering, compounding, converting, producing, processing, preparing,
testing, analyzing, packaging, repackaging, storing, containing, concealing,
injecting, ingesting, inhaling or otherwise introduced into the human
body, a controlled substance, as defined in Ch. 961, Wis. Stats.,
in violation of this section. It includes but is not limited to:
Kits used, intended for use, or designed for use, in planting,
propagating, cultivating, growing or harvesting of any species of
plant which is a controlled substance or from which a controlled substance
can be derived.
Kits used, intended for use, or designed for use, in manufacturing,
selling, distributing, delivering, compounding, converting, producing,
processing, or preparing controlled substances;
Isomerization devices used, intended for use, or designed for
use, in increasing the potency of any species of plant which is a
controlled substance;
Testing equipment used, intended for use, or designed for use,
in identifying or in analyzing the strength, effectiveness, or purity
of controlled substances;
Scales and balances used, intended for use, or designed for
use, in weighing or measuring controlled substances.
Diluents and adulterants, such a quinine, hydrochloride, mannitol,
mannite, dextrose and lactose, used, intended for use, or designed
for use in cutting controlled substances;
Separation gins and sifters used, intended for use, or designed
for use, in removing twigs and seeds from, or in otherwise cleaning
or refining marijuana;
Blenders, bowls, containers, spoons and mixing devices used,
intended for use, or designed for use, in compounding controlled substances;
Capsules, balloons, envelopes, or other containers used, intended
for use, or designed for use, in packaging small quantities of controlled
substances;
Containers and other objects used, intended for use, or designed
for use, in storing or concealing controlled substances;
Hypodermic syringes, needles, or other objects used, intended
for use, or designed for use, in parenterally injecting controlled
substances into the human body;
Objects used, intended for use, or designed for use, in ingesting,
inhaling or otherwise introducing marijuana, cocaine, hashish or hashish
oil into the human body, including, but not limited to:
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;
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;
Chilliums;
Bongs;
Ice pipes or chillers.
B.
Determination of drug paraphernalia. In determining whether an object
is drug paraphernalia, the following shall be considered, without
limitation of such other consideration a court may deem relevant:
(1)
Statements by an owner or by anyone in control of the object concerning
its use;
(2)
Prior convictions, if any, of an owner or of anyone in control of
the object, under any city, state or federal law relating to any controlled
substance;
(3)
The proximity of the object in time and space to a direct violation
of this section;
(4)
The proximity of the object to controlled substances;
(5)
The existence of any residue of controlled substance on the object;
(6)
Direct or circumstantial evidence of the intent of an owner, or of
anyone in control of the object, to deliver it to persons whom the
person knows, or should reasonably know, intent to use the object
to facilitate a violation of this section. The innocence of an owner,
or of anyone in control of this object, as to a direct violation of
this section, shall not prevent a finding that the object is intended
for use, or designed for use, as drug paraphernalia;
(7)
Oral or written instructions provided with the object concerning
its use;
(8)
Descriptive materials accompanying the object which explain or depict
its use;
(9)
National and local advertising concerning its use;
(10)
The manner in which the object is displayed for sale;
(11)
Direct or circumstantial evidence of the ration of sales of
the object to the total sale of the business enterprise;
(12)
The existence and scope of legitimate uses for the object in
the community;
(13)
Expert testimony concerning its use.
C.
Prohibited activities.
(1)
Possession of drug paraphernalia. No person may use, or possess,
with 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
in violation of this section. Possession of drug paraphernalia shall
give rise to a rebuttable presumption of prohibited use.
(2)
Manufacture, sale of delivery of drug paraphernalia. No person may
sell, deliver, possess with intent to deliver or manufacture with
intent to deliver, drug paraphernalia, knowing that it will be used
to plant, propagate, cultivate, grow, harvest, manufacture, compound,
convert, produce, process, prepare, test, analyze, pack, repack, store,
contain, conceal, inject, inhale or otherwise introduce into the human
body a controlled substance in violation of this section.
(3)
Delivery of drug paraphernalia to a minor. Any person 18 years of age or over who violates Subsection B of this section by delivering drug paraphernalia to a person under 18 years of age is guilty of a special offense.
(4)
Advertisement of drug paraphernalia. No person may place in any newspaper,
magazine, handbill or other publication, or upon any outdoor billboard
or sign, any advertisement, knowing that the purpose of the advertisement,
in whole or in part, is to promote the sale of objects designed or
intended for use as drug paraphernalia.
(5)
Exemption. This subsection 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.
Penalties.
(1)
Any drug paraphernalia used or possessed in violation of this section
shall be seized and forfeited to the Village in accordance with the
provisions of the Fredonia Code of Ordinances as to property forfeiture.
(2)
Any person who violates Subsection A or B above shall, upon conviction, be subject to forfeitures in accordance with the Village's Schedule of Forfeitures, together with costs of prosecution, and upon default of payment be imprisoned in the county jail or house of correction until the total forfeiture and costs are paid, but not to exceed 30 days.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(3)
Any person who violates Subsection C above shall, upon conviction, be subject to a forfeiture in accordance with the Village's Schedule of Forfeitures together with costs of prosecution, and upon default of payment be imprisoned in the county jail or house of correction until the total forfeiture and costs are paid, but not to exceed 60 days.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
Citation process. For violations of §§ 347-2 through 347-6, juveniles may be cited by the citation process on a form approved by the Village 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.
B.
Penalties. Violations of §§ 347-2 through 347-6 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.
No person under 18 years of age shall be truant or a habitual
truant as defined in § 118.163, Wis. Stats. If a person
is found to have violated this section, all of the dispositions set
forth in that statute are available to the court.