Village of Grantsburg, WI Juveniles

This section shall not apply to a child:

Who is performing an errand as directed by his parent, guardian or person having lawful custody.

Who is on his own premises or in the areas immediately adjacent thereto.

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.

(e)

At any time in the event of an emergency which would justify the reasonableness of the person's presence.

(f)

Who is engaged in interstate travel.

(g)

Who is accompanied by his/her parent, guardian, or other adult person having legal custody of such minor.

(h)

Who is participating in, going to, or returning from an activity involving the exercise of his/her rights protected under the First Amendment to the United States Constitution or any equivalent rights under the Wisconsin Constitution, including freedom of speech, the free exercise of religion, and the right of assembly.

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.

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 place between 10:00 p.m. and 5:30 a.m. 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 it of the violation.

No person operating a hotel, motel, or lodging or rooming house within the Village or any agent, servant or employee of such person shall permit any person under 16 years of age to visit, wander or stroll in any portion of such hotel, motel, or lodging or rooming house between 10:00 p.m. and 5:30 a.m. the next day, unless such person under 16 years of age is accompanied by his/her parent, guardian or other adult person having legal custody of such person.

It shall be unlawful for any parent, legal guardian or other person having the lawful care, custody and control of any person under age 16 to permit, or by ineffective control allow, such person to violate the provisions of Subsections A to D 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 16 to violate this section. No person shall be liable under this subsection for a violation committed by a minor during any period when physical placement of such minor has been assigned exclusively to some other person by judgment or order of a court.

Taking a juvenile into custody; detaining a juvenile.

Pursuant to Ch. 938, Wis. Stats., law enforcement officers are hereby authorized to detain any juvenile violating the above provisions and any 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 law enforcement authorities for the purpose of taking the custody of the juvenile and shall sign a release for him or 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 law enforcement officer may make such necessary arrangements as may be necessary under the circumstances for the juvenile's welfare.

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.

If the child is not released under this subsection, the officer shall deliver the child to the Burnett 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 may be warned by an officer on duty in his/her discretion and sent home in lieu of taking the juvenile into custody.

(4)

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 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.

Penalties.

Unless flight by the child or other circumstances make it impracticable, a law enforcement officer shall, prior to issuing a citation or warning for an offense under this section, afford the child an opportunity to explain his/her reasons for being present in the public place. A law enforcement officer shall not issue a citation or warning for an offense under this section unless the officer reasonably believes that an offense has occurred and that none of the exceptions provided in this section apply.

The first time a juvenile is taken into custody by a law enforcement officer as provided to Subsection F above, the 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 or her care or custody shall result in a penalty being imposed as hereinafter provided.

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 G(2) herein, who thereafter violates this section shall be subject to a penalty as provided in the § 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 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 Ch. 938, Wis. Stats.

Any juvenile under 16 years of age that shall violate this section shall, upon conviction thereof, forfeit not less than $1 nor more than $25, together with the costs of prosecution. Any juvenile violating this section shall be subject to disposition as provided in § 938.343, Wis. Stats., or any subsequent amendment, modification, revision, renumbering, recodification or addition or deletion of said provision.

§ 344-2 Possession of controlled substances by juveniles.

It shall be unlawful for any person under the age of 18 to possess a controlled substance contrary to the Uniform Controlled Substances Act, Ch. 961, Wis. Stats.

§ 344-3 Petty theft by juveniles.

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.

§ 344-4 Receiving stolen goods.

It shall be unlawful for a person under the age of 17 to intentionally receive or conceal property he knows to be stolen.

§ 344-5 Village jurisdiction over juveniles.

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.

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.

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 Grantsburg 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 section.

Additional prohibited acts. In addition to any other provision of the Village of Grantsburg 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 Ch. 125, Wis. Stats.

Penalty for violations of Subsection E. Any juveniles who shall violate the provisions of Subsection E shall be subject to the same penalties as are provided in § 1-4 of this Code, exclusive of the provisions therein relative to commitment in the county jail.

§ 344-6 Possession, manufacture and delivery of drug paraphernalia.

See Chapter 268, Drug Paraphernalia, § 268-3D.

§ 344-7 Truancy.

Definitions. As used in this section, the following terms shall have the meanings indicated:

ACCEPTABLE EXCUSE

An acceptable excuse as defined in § 118.15(3), Wis. Stats.

CHILD

A person under the age of 18 years.

HABITUAL TRUANT

A child who is absent from school without an acceptable excuse for any portion or all of five school days during a semester in which school is held.

SCHOOL

Any primary or secondary school in the State of Wisconsin.

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, and also means intermittent attendance carried on for the purpose of defeating the intent of § 118.15, Wis. Stats.

TRUANT

A pupil who is absent from school without an acceptable excuse for part or all of any one day on which school is held during a school semester.

Truancy.

Truancy prohibited. A child is prohibited from being truant.

Penalty. Any child who commits any act of truancy is subject to the following penalties:

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 amount of not more than $500 for all violations committed during a school semester. All or part of the forfeiture plus costs may be assessed against the person, the parents or guardian of the person or both.

School attendance order. An order for the person to attend school.

Habitual truancy.

Prohibition of habitual truancy. A child is prohibited from being a habitual truant.

Penalty. Upon finding that a child is a habitual truant, the court shall enter an order making one or more of the following dispositions:

Suspension of operating privileges. Suspension of the person's operating (driving) privilege, as defined in § 340.01(40), Wis. Stats., for not less than 30 days nor more than one year. The court shall immediately take possession of any suspended license and forward it to the Wisconsin Department of Transportation, together with a notice stating the reason for and the duration of the suspension.

Counseling or community service order. An order for the person to participate in counseling or a supervised work program or other community service work as described in § 938.34(5g), Wis. Stats. The costs of any such counseling, supervised work program or other community service work may be assessed against the person, the parents or the guardian of the person or both. Any county department, community agency, public agency or nonprofit charitable organization administering a supervised work program or other community service work to which a person is assigned under an order under this subsection acting in good faith has immunity from civil liability in excess of $25,000 for any act or omission by or impacting on that person.

Home detention order. An order for the person to remain at home except during hours in which the person 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 person to leave his/her home if the child is accompanied by a parent or guardian.

(d)

Educational program order. An order for the person to attend an educational program as described in § 938.34(7d), Wis. Stats.

(e)

Revocation of work permit. An order for the Wisconsin Department of Workforce Development to revoke, under § 103.72, Wis. Stats., a permit under § 103.70, Wis. Stats., authorizing the employment of the person.

(f)

Teen court placement. Order the person to be placed in a teen court program if all of the following conditions apply, per § 938.342(1g)(f), Wis. Stats.:

[1]

The chief judge of the judicial administrative district has approved a teen court program established in the person's county of residence and the court determines that participation in the teen court program will likely benefit the person and the community.

[2]

The person admits or pleads no contest in open court, in the presence of the person's parent, guardian or legal custodian, to the allegations that the person violated § 344-7C(1).

[3]

The person has not successfully completed participation in a teen court program during the two years before the date of the alleged municipal ordinance violation.

(g)

School attendance order. An order for the person to attend school.

(h)

Forfeiture. Impose 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 person, the parent(s) or guardian of the person, or both.

(i)

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

(j)

Parental counseling or school attendance. An order for the person's parent, guardian or legal custodian to participate in counseling at the parent's, guardian's, or legal custodian's own expense, or to attend school with the person, or both.

(k)

Other reasonable conditions. Order the person to comply with any other reasonable conditions consistent with this section, including a curfew, restrictions as to going to or remaining on specified premises and restrictions on associating with other children or adults.

(l)

Youth center attendance/programming. Order the person to report to a youth center after school, in the evening, on weekends, on other non-school days, or at any other time that the juvenile is not under immediate adult supervision, for participation in the social, behavioral, academic, community service and other programming at the center. Section 938.34(5g), Wis. Stats., applies to any community service work performed by a person under this subsection.

Contempt of court. Failure to comply with a truancy disposition order of the court may result in a finding of contempt of court with the imposition of a monetary or other penalty as determined by the court.

Orders applicable to parents, guardians and legal custodians.

Parental counseling or school attendance order. If the court finds that the person violated this section, the court may, in addition to or instead of the dispositions under Subsection C(2) above, order the person's parent, guardian or legal custodian to participate in counseling at the parent's, guardian's or legal custodian's own expense or to attend school with the person, or both, if the disposition is authorized by Village ordinance.

Parental payment of costs. If the court finds that the person violated this section prohibiting truancy, the court may, as part of the disposition under Subsection B, order the person's parent or guardian to pay all or part of a forfeiture plus costs assessed under Subsection B(2). If the court finds that the person violated this section prohibiting habitual truancy, the court may, as part of the disposition under Subsection C, order the person's parent or guardian to pay all or part of the costs of any program ordered under Subsection C(2)(b) or to pay all or part of a forfeiture plus costs assessed under Subsection C(2)(h).

Hearing on order. No order to any parent, guardian or legal custodian under Subsection D(1) or (2) may be entered until the parent, guardian or legal custodian is given an opportunity to be heard on the contemplated order of the court. The court shall cause notice of the time, place and purpose of the hearing to be served on the parent, guardian or legal custodian personally at least 10 days before the date of the hearing. The procedure in these cases shall, as far as practicable, be the same as in other cases before the court. At the hearing, the parent, guardian or legal custodian may be represented by counsel and may produce and cross-examine witnesses. A parent, guardian or legal custodian who fails to comply with any order issued by a court under Subsection D(1) or (2) may be proceeded against for contempt of court.

School attendance condition. If school attendance is a condition of an order under Subsection C(2)(d) or (g), the order shall specify what constitutes a violation of the condition and shall direct the school board of the school district, or the governing body of the private school, in which the person is enrolled to notify the court or, if the person is under the supervision of an agency under Subsection C(2)(i), the agency that is responsible for supervising the person, within five days after any violation of the condition by the person.

Contributing to truancy.

Encouraging or contributing to truancy. Except as provided in Subsection F(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 A, of a child shall be subject to a forfeiture.

Exception. Subsection F(1) above does not apply to a person who has under his or her control a child who has been sanctioned under § 49.26(1)(h), Wis. Stats.

Determination of contributing to truancy. An act or omission contributes to the truancy of a child, whether or not the child 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 child to be a truant.

Parent or guardian liability for truancy.

Parental responsibility for school attendance. Unless the child is excepted or excused under § 118.15, Wis. Stats., or has graduated from high school, any person having under control a child who is between the ages of six and 18 years shall cause the child to attend school regularly during the full period of hours, religious holidays excepted, that the public or private school in which the child should be enrolled is in session until the end of the school term, quarter or semester of the school year in which the child becomes 18 years of age.

Subsection penalty. 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.

Inapplicability of subsection. This subsection shall not apply:

Sanctioned child. To a person who has under his/her control a child who has been sanctioned under § 49.26(1)(h), Wis. Stats.

Disobedience of the child. To a person who proves he is unable to comply with the requirements of this subsection because of the disobedience of the child, in which case the action shall be dismissed and the juvenile officer or law enforcement authority shall refer the case to the District Attorney's office.

School attendance office records compliance. Unless evidence has been provided by the school attendance office that the activities under § 118.16(5), Wis. Stats., have been completed or were not required to be completed as provided in § 118.16(5m), Wis. Stats.

§ 344-8 Unlawful sheltering of minors.

No person shall intentionally shelter or conceal a minor child who:

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

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

Subsection A applies when the following conditions are present:

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

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).

Subsection A does not apply to any of the following:

A person operating a runaway home in compliance with § 48.227, Wis. Stats.;

A person who shelters or conceals a child at the request or with the consent of the child's parent, legal guardian or legal or physical custodian except if the sheltering or concealment violates § 948.31, Wis. Stats.; or

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 Ch. 48 or 938, Wis. Stats., that he is sheltering or concealing such child and provides the person or agency notified with all information requested.

§ 344-9 Purchase or possession of tobacco and vapor products by minors.

[Amended 12-10-2018 by Ord. No. 05-18]

Definitions. As used in this section, the following terms shall have the meanings indicated:

CIGARETTE

Has the meaning given in § 139.30(1m), Wis. Stats.

DISTRIBUTOR

A person specified under § 139.30(3) or 139.75(4), Wis. Stats.

IDENTIFICATION CARD

A license containing a photograph issued under Ch. 343, Wis. Stats., or an identification card issued under § 343.50, Wis. Stats.

JOBBER

Has the meaning given in § 139.30(6), Wis. Stats.

LAW ENFORCEMENT OFFICER

Has the meaning given in § 30.50(4s), Wis. Stats.

MANUFACTURER

Any person specified under § 139.30(7) or 139.75(5), Wis. Stats.

RETAILER

Any person licensed under § 139.65(1), Wis. Stats.

SCHOOL

Has the meaning given in § 118.257(1)(d), Wis. Stats.

SUBJOBBER

Has the meaning given in § 139.75(11), Wis. Stats.

TOBACCO PRODUCTS

Has the meaning given in § 139.75(12), Wis. Stats.

VAPOR PRODUCTS

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, including, but not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe or similar product or device. "Vapor products" shall include any vapor cartridge, solution, or other container, that may or may not contain nicotine, that is intended to be used with an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device.

VENDING MACHINE

Has the meaning given in § 139.30(14), Wis. Stats.

VENDING MACHINE OPERATOR

Has the meaning given in § 139.30(15), Wis. Stats.

Restrictions.

Except as provided in Subsection C below, no person under the age of 18 may buy or attempt to buy any cigarettes or tobacco products, falsely represent his or her age for the purpose of receiving any cigarette or tobacco product, or possess any cigarette or tobacco product.

Except as provided in Subsection C below, no retailer may sell or give cigarettes or tobacco products to any person under the age of 18. A vending machine operator is not liable under this subsection for the purchase of cigarettes or tobacco products from his/her vending machine by a person under the age of 18 if the vending machine operator was unaware of the purchase.

A retailer shall post a sign in areas within his/her premises where cigarettes or tobacco products are sold to consumers stating that the sale of any cigarette or tobacco product to a person under the age of 18 is unlawful under this section or comparable state laws.

(4)

No person may place a vending machine within 500 feet of a school.

(5)

No manufacturer, distributor, jobber, subjobber, or retailer, or their employees or agents, may provide cigarettes or tobacco products for nominal or no consideration to any person under the age of 18.

(6)

The purchase or possession of vapor products by any person under the age of 18 is prohibited. No retailer, direct marketer, manufacturer, distributor, jobber or sub-jobber, no agent, employee or independent contractor of a retailer, direct marketer, manufacturer, distributor, jobber or sub-jobber, and no agent or employee of an independent contractor may sell or provide for nominal or no consideration any vapor products to any person under the age of 18.

Employment resale exception. A child may purchase or possess cigarettes or tobacco products for the sole purpose of resale in the course of employment during his/her normal working hours if employed by a retailer licensed under § 134.65(1), Wis. Stats.

Defense of retailers. Proof of all the following facts by retailer who sells cigarettes or tobacco products to a person under the age of 18 is a defense to any prosecution for a violation of Subsection B(2) above:

That the purchaser falsely represented that he had attained the age of 18 and presented an identification card.

That the appearance of the purchaser was such that an ordinary and prudent person would believe that the purchaser had attained the age of 18.

That the sale was made in good faith, in reasonable reliance on the identification card and appearance of the purchaser and in the belief that the purchaser had attained the age of 18.

Seizure of tobacco products. A law enforcement officer shall seize any cigarette or tobacco product involved in any violation of Subsection B above committed in his/her presence.

Penalties.

A person who commits a violation of Subsection B(2), (4) or (5) of this section is subject to a forfeiture of:

Not more than $500 if the person has not committed a previous violation within 12 months of the violation; or

Not less than $200 nor more than $500 if the person has committed a previous violation within 12 months of the violation.

In addition, a court shall suspend any license or permit under § 134.65, 139.34 or 139.79, Wis. Stats., as set forth in § 134.66(4), Wis. Stats.

Whoever violates Subsection B(3) of this section shall forfeit not more than $25.

(4)

Whoever violates Subsection B(1) of this section shall forfeit not more than $25.

§ 344-10 Parental responsibility for juvenile misconduct.

Purpose. This section is intended to reduce the incidents of misconduct by juveniles or underage persons by requiring proper supervision on the part of custodial parents.

Prohibited conduct. Every custodial parent has the duty to properly supervise his/her child. It shall be unlawful for any custodial parent to fail to properly supervise his/her child. Proof of a child's conviction of a Village of Grantsburg ordinance violation, a violation of a state statute that occurred in the Village of Grantsburg, or any combination thereof twice within a six-month period or three or more times within a twelve-month period shall be prima facia evidence that the custodial parent is guilty of failing to properly supervise the child. A child's traffic offenses shall not be considered under this section except for alcohol- and drug-related offenses, reckless driving, and traffic crimes. The six- and twelve-month periods shall be measured from the date of the first violation.

Definitions. As used in this section the following terms shall have the meanings indicated:

CHILD

A person under the age of 18 years.

CUSTODIAL PARENT

A parent of a minor child who has custody of the child, that is, the parent who has responsibility for caring for and supervising the child at the time the child's ordinance violations occurred.

CUSTODY

Either physical custody of a child under a court order under § 767.225 or 767.41, 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 a 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.

Defenses.

Permissible defenses. The following shall be defenses to a violation of Subsection B:

Where the parent can provide specific evidence of ongoing participation in, or recent completion of, parenting classes, family therapy, group counseling or alcohol and other drug abuse (AODA) counseling which includes the parent or child in question;

Where the parent reported the act(s) to the appropriate authorities;

Where the parent has made all reasonable and available efforts under the circumstances to prevent the juvenile misconduct;

(d)

Where the parent was not legally responsible for the supervision of the juvenile at the time the misconduct occurred; or

(e)

Where the parent has a physical or mental disability or incompetency rendering him/her incapable of supervising the juvenile at the time the misconduct occurred.