[HISTORY: Adopted by the Village Board of the Village of
Luck 1-6-1988 as Title 9, Ch. 6, of the 1988 Code. Amendments noted where applicable.]
A.
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, swimming beach, cemetery,
playground, public building or any other public place in the Village
of Luck between the hours of 10:00 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 a 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.
[Amended 4-11-2012]
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.
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 Subsection 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.
[Amended 4-11-2012]
D.
It shall be unlawful for any person, firm or organization operating
or in charge of any place of amusement, entertainment or refreshment
or other place of business to permit any minor under 16 years of age
to loiter, loaf or idle in such place during the hours prohibited
by this section. Whenever the owner or person in charge or in control
of any place of amusement, entertainment or 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.
E.
Every law enforcement officer is hereby authorized to detain any
minor violating the provisions above until such time as the parent,
guardian or person having legal custody of the minor shall be immediately
notified, and the person so notified shall as soon as reasonably possible
thereafter report to the Police Department for the purpose of taking
custody of the minor and shall sign a release for him or her. If no
response is received, the police shall take whatever action is deemed
necessary in the best interest of the minor.
F.
The first time a minor is detained by a law enforcement officer of the Village, as provided in Subsection E, such minor and the parent, guardian or person having legal custody of such minor 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 minor or any other minor under the care of such parent, guardian or person having legal custody shall result in a penalty being imposed as hereinafter provided.
[Amended 4-11-2012]
G.
Penalty.
(1)
Any parent, guardian or person having legal custody of a child described in Subsections A through E of this section who has been warned in the manner provided in Subsection F 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. 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. 48, Wis. Stats.
(2)
Any minor person under 16 years of age who shall violate this section
shall, upon conviction thereof, forfeit not less than $1 nor more
than $25, together with the cost of prosecution.
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.
[Added 6-12-2019]
A.
EDUCATIONAL FACILITY
ELECTRONIC DELIVERY DEVICE
MINOR
PERSON WHO SELLS TOBACCO PRODUCTS AT RETAIL
PERSON WHO SELLS VAPOR PRODUCTS AT RETAIL
POSSESSION OF A TOBACCO PRODUCT
PUBLIC PLACE
TOBACCO PRODUCT
USE A TOBACCO PRODUCT OR VAPOR PRODUCT
VAPOR PRODUCT
Definitions. For the purpose of construction and application of this
section, the following definitions shall apply:
Any building or property owned by the school district used
principally for education purposes or school-related events in which
a school is located or a course of instruction or training program
is offered that has been approved or licensed by a state agency or
board.
Any component part of such a product, whether or not sold
separately. "Electronic delivery device" shall not include any product
that has been approved or otherwise certified by the United States
Food and Drug Administration for legal sales for use in tobacco cessation
treatment or other medical purposes, and is being marketed and sold
solely for that approved purpose.
An individual who is less than 18 years of age.
A person whose ordinary course of business consists, in whole
or in part, of the retail sale of tobacco products subject to the
state sales tax.
A person whose ordinary course of business consists, in whole
or in part, of the retail sale of vapor products.
Either actual physical control of the tobacco product without
necessarily owning that product, or the right to control the tobacco
product even though it is in a different room or place than where
the person is physically located.
A public street, sidewalk, or park or any area open to the
general public in a publicly owned or operated building or premises,
or in a public place of business or school.
A product that contains tobacco and is intended for human
consumption, including, but not limited to, cigarettes, non-cigarette
smoking tobacco, or smokeless tobacco, as those terms are defined
in Section 2 of the Tobacco Products Tax Act,[1] and cigars. Tobacco product does not include a vapor product
or a product regulated as a drug or device by the United States Food
and Drug Administration.
To smoke, chew, suck, inhale, or otherwise consume a tobacco
product or vapor product.
Any product containing or delivering nicotine, lobelia, or
any other substance intended for human consumption that can be used
by a person to simulate smoking in the delivery of nicotine or any
other substance through inhalation of vapor from the product.
[1]
Editor's Note: See MCLA § 205.422.
B.
Prohibited conduct.
(1)
Consistent with § 254.92, Wis. Stats., a minor shall
not do any of the following:
(a)
Purchase or attempt to purchase a tobacco product or vapor product.
(b)
Possess or attempt to possess a tobacco product or vapor product.
(c)
Use a tobacco product or vapor product in a public place.
(d)
Present or offer to an individual a purported proof of age that
is false, fraudulent, or not actually his or her own proof of age
for the purpose of purchasing, attempting to purchase, possessing,
or attempting to possess a tobacco product or vapor product.
(2)
No individual, regardless of age, who is enrolled in school,
or is of school age, may possess or attempt to possess a tobacco product
or vapor product while on school property.
(a)
It shall be unlawful for any person to smoke in any educational
facility or outside on the property of any educational facility between
the facility and the public sidewalks.
(4)
Subsection B(1) does not apply to a minor participating in any of the following:
(a)
An undercover operation in which the minor purchases or receives
a tobacco product or vapor product under the direction of the minor's
employer and with the prior approval of the local prosecutor's office
as part of an employer-sponsored internal enforcement action.
(b)
An undercover operation in which the minor purchases or receives
a tobacco product or vapor product under the direction of the state
police or a local police agency as part of an enforcement action,
unless the initial or contemporaneous purchase or receipt of the tobacco
product or vapor product by the minor was not under the direction
of the state police or the local police agency and was not part of
the undercover operation.
(c)
Compliance checks in which the minor attempts to purchase tobacco
products for the purpose of satisfying federal substance abuse block
grant youth tobacco access requirements, if the compliance checks
are conducted with the prior approval of the state police or a local
police agency.
C.
Furnishing to minors. Consistent with § 134.66, Wis. Stats.:
(1)
A person shall not sell, give or furnish any vapor product to
a minor, including, but not limited to, through a vending machine.
A person who violates this subsection is subject to a fine of not
more than $150 for each violation.
(2)
Subsection C(1) of this section does not apply to the handling or transportation of a tobacco product or vapor product by a minor under the terms of the minor's employment.
(3)
Before selling, offering for sale, giving, or furnishing a vapor
product to an individual, a person shall verify that the individual
is at least 18 years of age by doing one of the following:
(a)
Examining a government-issued photographic identification that
establishes that the individual is at least 18 years of age.
(b)
For sales made by the internet or other remote sales method,
performing an age verification through an independent, third-party
age verification service that compares Information available from
a commercially available database, or aggregate of databases, that
are regularly used by government agencies and businesses for the purpose
of age and identity verification to the personal information entered
by the individual during the ordering process that establishes that
the individual is 18 years of age or older.
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 applicable to persons 14 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 14 through 17 years of age may be brought on behalf of the
Village of Luck 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.[1]
[1]
Editor's Note: Original Sec. 9-6-5(d), Additional prohibited
acts, and (e), Penalty for violations of Subsection (d), which immediately
followed this subsection, were repealed 4-11-2012.
A.
Citation process. For violations of §§ 388-2 through 388-5, juveniles may be cited by the citation process on a form approved by the Village Attorney which 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.
[Amended 4-11-2012]
B.
Penalties. Violations of §§ 388-2 through 388-5 by a person under the age of 18 shall be punishable according to §§ 938.17(2), 938.343, 938.344 and 938.345, Wis. Stats. Nothing in this section shall prevent the juvenile officer, in his discretion, from referring cases directly to the District Attorney's office.
[Added 6-9-2021]
A.
ACCEPTABLE EXCUSE
CHILD
DROPOUT
HABITUAL TRUANT
SCHOOL
TRUANT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
An acceptable excuse as defined in §§ 118.15(3)
and 118.16(4), Wis. Stats.
A person under 18 years of age.
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)
to (d) or (3), Wis. Stats.
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 10 or more days on which school is held during a school
semester.
Any primarily or secondary school in the State of Wisconsin.
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 days on which school is held during a school semester.
B.
Truancy prohibited; violations and penalties.
(1)
No person under 18 years of age shall be truant.
(2)
Penalties. Any child who commits any act of truancy is subject to
the following penalties:
(a)
A forfeiture of not more than $263.50 for a first violation,
or a forfeiture of not more than $263.50 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 of not more than $527 for all violations committed during
a school semester/trimester. All or part of a forfeiture plus costs
may be assessed against the person, the parents or guardians of the
person, or both.
(b)
An order for the child to attend school.
(3)
Habitual truancy.
(a)
Prohibition of habitual truancy. A child is prohibited from
being a habitual truant.
(b)
Penalties. Upon finding that a child is a habitual truant, the
court shall enter an order making one or more of the following options:
[1]
Suspension of the child'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 Department
of Transportation, together with a notice stating the reason for the
duration of the suspension.
[2]
An order for the child to participate in counseling or a supervised
work program or other community service as described in § 938.34(5g),
Wis. Stats., the costs of any such counseling, supervised work program
or community service work may be assessed against the person, the
parents or guardian of the person, or both.
[3]
An order for the child to remain at home except during hours
in which the child 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 child to leave his or
her home if the child is accompanied by a parent or guardian.
[4]
An order for the child to attend an educational program as described
in § 938.34(7d), Wis. Stats.
[5]
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.
[6]
An order for the child to be placed in a teen court program
if all the following conditions apply [§ 938.342(1g)(f),
Wis. Stats.]:
[a]
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.
[b]
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 the municipal
ordinance enacted under Chapter 118, Wis. Stats.
[c]
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.
[7]
An order for the person to attend school.
[8]
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 parents or guardian
of the person, or both.
[9]
An order placing the person under formal or informal supervision,
as described in § 938.34(2), Wis. Stats., for up to one
year.
[10]
An order for the person's parent, guardian or legal custodian
to participate in counseling at their own expense or to attend the
school with the person, or both.
[11]
An order for the person to comply with other reasonable conditions
consistent with this section, including a curfew, restrictions as
to going to or remaining on specific premises and restrictions on
associating with other children or adults.
[12]
An order for the person to report to a youth center after school,
in the evening, on weekends, on other nonschool 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 of the center.
(c)
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.
(4)
Orders applicable to parents, guardians, and legal custodians.
(a)
If the court finds that the person violated this section, the court may, in addition to or instead of the dispositions under Subsection B(3)(b), order the person's parents, guardian, or legal custodians to participate in counseling at their own expense or to attend school with the person, or both, if the disposition is authorized by the municipal ordinance.
(b)
If the court finds the person violated this section prohibiting truancy, the court may, as part of the disposition under Subsection B(2), order the person's parents or guardian to pay all or part of the forfeiture plus court costs assessed under Subsection B(2)(b). If the court finds that the person violated this section prohibiting habitual truancy, the court may, as part of the disposition under Subsection B(3), order the person's parent or guardian to pay all or part of the costs of any program ordered under Subsection B(3)(b)[2] or to pay all or part of a forfeiture plus costs assessed under Subsection B(3)(b)[8].
(c)
No order to any parent, guardian or legal custodian under Subsection B(4)(a) or (b) 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 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 hearing. The procedure in these cases shall, as far as practicable, be the same as in other cases to 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 B(4)(a) or (b) may be proceeded against for contempt of court.
(5)
School attendance condition. If school attendance is a condition of an order under Subsection B(2)(b) or B(3)(b), 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 a 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 B(3)(b)[1], the agency that is responsible for supervising the person within five days of any violation of the condition of the person.
(6)
Contributing to truancy.
(b)
Subsection B(6)(a) 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.
(c)
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 truant.
(7)
Parent, guardian and legal custodians liable for truancy.
(a)
Unless the child is excepted or excepted under § 118.15,
Wis. Stats., or has graduated from high school, any person having
under his or 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 of hours, religious hours 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.
(b)
A person found to have violated Subsection B(7)(a) 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 of not less than $25 nor more than $1,000.
(c)
This subsection does not apply:
[1]
To a person who has under his/her control a child who has been
sanctioned under § 49.26(1)(h), Wis. Stats.
[2]
To a person who proves that he/she is unable to comply with
the requirements of this subsection because of the disobedience of
a child, in which case the action shall be dismissed and the juvenile
or law enforcement authority shall refer the case to the DA's
Office.
[3]
Unless evidence has been provided by the school attendance officer
that the activities under § 118.16(5), Wis. Stats., have
been completed as provided in § 118.16(5m), Wis. Stats.
