[Adopted as § 9.17 of the prior Code]
[Amended 10-16-2023 by Ord. No. 2023-02]
A.
Restrictions.
(1)
No
individual between the ages of 14 years through 17 years shall remain
upon any street or alley or other public place in the Village between
10:00 p.m. on Sunday, Monday, Tuesday, Wednesday, or Thursday and
6:00 a.m. the next day, and between 12:00 midnight on Friday and Saturday
and 6:00 a.m. the next day.
(2)
No
individual under the age of 14 years shall remain upon any street
or alley or other public place in the Village between 10:00 p.m. and
6:00 a.m. the next day.
B.
Exceptions. The following shall constitute valid exceptions to the
operation of the curfew:
(1)
At any time, if the individual is accompanied by his or her parent
or guardian. "Parent" means a person who is a natural parent, adoptive
parent, or stepparent of another person. "Guardian" means a person
who, under court order, is the guardian of the minor; or a public
or private agency with whom a minor has been placed by a court.
(2)
At any time, the individual is involved in an emergency.
(3)
At any time, while the individual is pursuing the duties of his or
her employment.
(4)
On an errand at the written direction of his or her parent or guardian,
without any detour or stop (written direction must be signed, timed,
and dated by the parent or guardian and must indicate the specific
errand). This exception shall apply no later than 12:30 a.m.
(5)
Attending, or going to or returning home from, without any detour
or stop, an official school, religious, or other recreational activity
supervised by adults and sponsored by the Village, Gresham School
District, a civic organization, or another similar entity that takes
responsibility for the minor. If the event is not commercial in nature
or does not have a fixed publicly known time at which it will end,
the sponsoring organization must register the event with the Police
Department at least 24 hours in advance informing it of the time such
event is scheduled to be, the place at which it will be held, the
time at which it shall end and the name of the sponsoring organization.
This exception will apply for 1/2 hour after the completion of such
event, but in no case beyond 12:30 a.m.
(6)
If the person is coming home from a private home approved by the
parent or legal guardian.
C.
Daytime
curfew.
(1)
The
purpose of this subsection is to discourage children of compulsory
school age from unauthorized absences and to impose penalties upon
those students and the parents or legal guardians of such students.
It is the intent of the subsection to promote the development and
welfare of the children of this community by discouraging unauthorized
absenteeism and encouraging school attendance.
(2)
SUBJECT TO COMPULSORY SCHOOL ATTENDANCE
Definitions.
As used in this subsection, the following terms shall have the meanings
indicated:
Any child subject to a mandatory school attendance under
Wisconsin law in the school district of such child's residence; or
any child found in the Village of Gresham who shall be subject to
mandatory attendance if the child were a resident of the Village of
Gresham.
(3)
Daytime
curfew violation. No child subject to compulsory school attendance
shall be any place within the Village of Gresham, except in attendance
at school or such child's place of residence, during the hours when
the child is required to be in attendance at either a public or private
school as required by law, unless the child has written proof from
the school authorities excusing the child from school attendance at
that particular time or unless the child is accompanied by a parent
or legal guardian who supervised the child subject to compulsory school
attendance.
(4)
Contributing
to daytime curfew violation.
(5)
Exceptions. The actions set forth in Subsection C(1) and (3) above shall not be a violation of this subsection if:
(a)
The child, at the time of the alleged violation, was not required
by law to attend the school attended by that child.
(b)
The parent or legal guardian is a petitioner in a currently pending
juvenile court proceeding involving the child or such a proceeding
in which the judge has restrained ongoing supervision or jurisdiction.
(c)
At the time of the alleged violation, the student was employed pursuant
to a school-sponsored program or was the recipient of a work permit
issued by the school authorities and the child was on the job or traveling
to or from the job site or program location at that time.
No parent, guardian or person having legal custody of a child under the age of 18 years shall suffer or permit such child to violate § 199-6 above.
A.
Warning. The first time a child is taken into custody by a law enforcement
officer, the parent, guardian or person having legal custody of such
child may be advised as to the provisions of this article and further
advised that any violation of this article occurring thereafter by
this child or any other child under his care or custody shall result
in a penalty being imposed as hereinafter provided.
B.
Penalty. Any parent, guardian or person having legal custody of a child described in § 199-6 above, who has been warned in the manner provided in Subsection A above and who thereafter violates this article shall be subject to a penalty as provided in § 199-9 below. Any child under the age of 18 years who violates this article shall also be subject to a penalty as provided in § 199-9 below.
