Village of Winneconne, WI Juveniles

This section shall not apply to a juvenile:

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

Who is on his/her 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, but not later than 60 minutes after the ending of such function.

(e)

Who is at any time, in the event of a unique emergency situation which would justify the reasonableness of the person's presence.

(f)

Who is engaged in interstate travel.

(g)

Who is on the sidewalk in front of their home or an adjacent home.

(h)

Who are engaged in exercising First Amendment rights or activities.

These exceptions shall not, however, permit a juvenile to unnecessarily loiter about the streets, alleys or public places or be in a parked motor vehicle on the public streets.

Responsibility of operators of places of amusement. No person operating a place of amusement or entertainment within the Village, or any agent, servant or employee of any such person, shall permit a person under 17 years of age to enter or loiter in such place of amusement or entertainment between 11:00 p.m. (12:00 a.m. Friday and Saturday) and 5:00 a.m. the next day, unless such person under 17 years of age is accompanied by his/her parent, guardian or other adult person having legal custody of such person.

Responsibility of hotels motels and rooming houses. No person operating a hotel, motel, lodging or rooming house within the Village or any agent, servant or employee of such person, shall permit any person under 17 years of age to visit, wander or stroll in any portion of such hotel, motel, lodging or rooming house between 11:00 p.m. (12:00 a.m. Friday and Saturday) and 5:00 a.m. the next day, unless such person under 17 years of age is accompanied by his/her parent, guardian or other adult person having legal custody of such person.

Parental responsibility. It shall be unlawful for any parent, legal guardian or other person having the lawful care, custody and control of any person under age 17 to allow or permit such person to violate the provisions of Subsections A through 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 17 to violate this section.

Detaining a juvenile. Pursuant to Chapter 938, Wis. Stats., law enforcement officers are hereby authorized to detain any juvenile violating the above provisions and 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 the Police Department 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.

Warning and penalty.

The first time a juvenile is detained by a law enforcement officer of the Village, as provided in Subsection F, such juvenile and the parent, guardian or person having legal custody of such juvenile shall be advised, personally, if known, or by registered mail, as to the provisions of this section and further advised that any violation of this section occurring thereafter by such juvenile or any other juvenile under the care of such parent, guardian or person having legal custody shall result in a penalty being imposed as hereinafter provided.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

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(1) herein and who thereafter violates this section shall be subject to a penalty as provided in § 1-3 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 juvenile, the action shall be dismissed and the juvenile shall be referred to the court assigned to exercise jurisdiction under Chapter 938, Wis. Stats.

Any juvenile under 17 years of age who shall violate this section shall, upon conviction thereof, forfeit not less than $25 nor more than $100, together with costs. 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.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

§ 352-2 Possession of controlled substances by juveniles.

It shall be unlawful for any juvenile to possess a controlled substance contrary to the Uniform Controlled Substances Act, Ch. 961, Wis. Stats.

§ 352-3 Petty theft by juveniles.

It shall be unlawful for any juvenile 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.

§ 352-4 Receiving stolen goods.

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

§ 352-5 Village jurisdiction over juveniles.

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.

Definition of adult and juvenile. 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.

[1]

Editor's Note: The following subsections of original Sec. 11-5-5 of the 2012 compilation of ordinances, which immediately followed this definition, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II): Subsection (c), Provisions of ordinance applicable to juveniles; Subsection (d), No incarceration as penalty; and Subsection (e), Penalty for violations of Subsection (d).

Court authority to impose alternative juvenile dispositions and sanctions.

[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

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 section.

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 municipal court is authorized to impose any of the sanctions listed in § 938.355(6)(d), Wis. Stats., in accordance with the provisions of those statutes.

This section is enacted under the authority of § 938.17(2)(cm), Wis. Stats.

Juvenile disposition alternatives for alcohol/drug offenses.

[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Penalties.

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, delivery of drug paraphernalia to a juvenile in violation of Village ordinances, the Court may order any of the following:

[1]

A forfeiture;

[2]

Suspension or revocation of the juvenile's driver's license;

[3]

Participation in a supervised work program.

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:

[1]

Submit to an alcohol or other drug abuse (AODA) assessment;

[2]

Participate in an outpatient AODA treatment program if an AODA assessment recommends treatment;

[3]

Participate in an AODA education program.

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:

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

The juvenile admits or pleads no contest to the allegations in open court with the juvenile's parent, guardian or legal custodian present that the juvenile committed the violation specified in Subsection D(1);

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

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.

If payment is not attainable as described in Subsection D(3) above, the Court may order the municipality to pay for any AODA services so ordered.

Dispositional alternatives for other ordinance violations. The Court may impose one or more of the following dispositional alternatives against a juvenile found to have violated a municipal ordinance, for which no penalty is otherwise provided, as follows:

[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Counseling for the juvenile and/or the parent or guardian;

A forfeiture not to exceed the maximum forfeiture that may be imposed on an adult for committing the same violation.

If the forfeiture is for a violation that is only applicable to a juvenile, the maximum forfeiture amount as set by state law;

Suspend a fishing, hunting or driving license from 90 days to five years for failure to pay the forfeiture;

(5)

Order the juvenile to participate in a supervised work program or other community service work;

(6)

Order participation in an AODA assessment, an outpatient AODA treatment or an AODA education program;

(7)

Order participation in a pupil assistance program provided by the juvenile's school, provided the juvenile's school agrees;

(8)

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:

The juvenile admits or pleads no contest to the allegations in open court with the juvenile's parent, guardian or legal custodian present that the juvenile violated the municipal ordinance;

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

Violation of juvenile dispositional orders. The Court may impose the following sanctions on a juvenile who has violated a Village ordinance and who has violated a condition of his or her dispositional order:

[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Suspend the juvenile's operating privilege for a period not more than 90 days;

Detain the juvenile in his or her home or current residence for not more than 30 days without electronic monitoring;

Order not more than 25 hours of community service work in a supervised work program.[2]

[2]

Editor's Note: Original Sec. 11-5-6, Possession, manufacture and delivery of drug paraphernalia, of the 2012 compilation of ordinances, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See now § 420-9.

§ 352-6 Truancy and dropouts.

Definitions. For the purpose of this section, the following definitions shall be applicable:

ACCEPTABLE EXCUSE

Permission of the parent/guardian/legal custodian of the pupil, within limits of policies on truancy established by the school in which the pupil is enrolled. Except in emergencies or unforeseeable circumstances, such permission is expected to be communicated, in writing, from the parent/guardian/legal custodian to the school, prior to the absence. In emergencies or unforeseeable circumstances, such communication is expected to be as soon as practicable following the absence.

DROPOUT

A child who has ceased to attend school, does not attend a public or private school, technical college or home-based private educational program on a full-time basis, has not graduated from high school and does not have an acceptable excuse under § 118.15(1)(b) to (d) or (3), Wis. Stats.

HABITUAL TRUANT

A pupil who is absent from school without an acceptable excuse under § 118.15 and 118.16(4), Wis. Stats., for part or all of five or more days on which school is held during a school semester.

TRUANT

A pupil who is absent from school without an acceptable excuse under §§ 118.15 and 118.16(4), Wis. Stats, for part or all of any day on which school is held during a school semester.

Truancy. No person under 18 years of age shall be truant. Upon conviction thereof, the following dispositions are available to the court:

An order for the person to attend school.

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 subsequent violation committed within 12 months of a previous violation, subject to § 938.37, Wis. Stats., and subject to a maximum cumulative forfeiture 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.

Habitual truancy.

No person under 18 years of age shall be a habitual truant.

If the court determines that a person is a habitual truant, the court may order one or more of the following dispositions:

Suspension of the person's operating privilege 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.

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 guardian of the person, or both.

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)

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

(e)

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

(f)

An order for the person to be placed in a teen court program as described in § 938.342(1g)(f), Wis. Stats.

(g)

An order for the person to attend school.

(h)

Forfeiture as determined by Village Board plus costs, subject to § 938.37, Wis. Stats. All or part of the forfeiture plus costs may be assessed against the person, the parents or guardian of the person, or both.

(i)

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

(j)

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)

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.

Dropouts.

No person who is at least 16 years of age but is less than 18 years of age may be a dropout.

If the court determines that a person is at least 16 years of age but is less than 18 years of age and is a dropout, the court may suspend the person's operating privilege until the person reaches the age of 18. 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.

Dispositional orders and sanctions. The court is hereby authorized to exercise each and every kind of authority granted to courts under Wisconsin law. Specifically, the court is hereby authorized to exercise the authority granted to it in § 938.355, Wis. Stats.

Adopted terms. As used in this section, the terms "truant," "habitual truant," "operating privilege,, and "dropout" have the meanings provided in § 118.163, Wis. Stats. Those definitions are hereby adopted and incorporated herein as if fully set forth. Any future amendment of any such definition is hereby adopted and is incorporated herein as if fully set forth as the effective date of such future amendment.

Failure to cause a child to attend school regularly.

Unless the child is excepted or excused under § 118.15, Wis. Stats., or has graduated from high school, any person having under his/her 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 and 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.

This section does not apply:

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

To a person who proves that he/she is unable to comply with the requirements of this section because of the disobedience of the child, in which case the acting shall be dismissed and the juvenile officer of law enforcement authority shall refer the case to the District Attorney's Office.

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.

Contributing to truancy.

Except as provided in Subsection H(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 H(4), of a juvenile shall be subject to a forfeiture pursuant to § 1-3.

Subsection H(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.

An act or omission contributes to the truancy of a child, 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 a truant.

"Truancy" means 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 legal guardian of the absent pupil, and also means intermittent attendance carried on for the purpose of defeating the intent of § 118.15, Wis. Stats.

Parent or legal guardian liability for truancy.

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.

Exceptions.

A person found to have violated Subsection I(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 § 1-3.

Subsection I(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 I(1) because of the disobedience of the juvenile.

§ 352-7 Unlawful sheltering of juveniles.

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

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

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.; or

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 § 946.71, Wis. Stats.; or

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

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 or she is sheltering or concealing such child and provides the person or agency notified with all information requested.

§ 352-8 Purchase or possession of tobacco products.

Definitions. As used in this section:

CIGARETTE

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

DISTRIBUTOR

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

IDENTIFICATION CARD

A license containing photograph issued under Ch. 343, 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)(c), 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.

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.

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.

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/she 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 as determined by Village Board.

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 pay a forfeiture as determined by Village Board.