[Adopted 3-13-1986 as Sec. 9-2-14 of the 1986 Code; amended
in its entirety 8-6-2007]
[Amended 5-9-2018 by Ord.
No. 2018-04]
It shall be unlawful for any person 16 years of age and under
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 Webster 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.
A.
This article shall not apply to a child:
(1)
Who is performing an errand as directed by his parent,
guardian or person having lawful custody.
(2)
Who is on his own premises or in the areas immediately
adjacent thereto.
(3)
Whose employment makes it necessary to be upon the
streets, alleys or public places or in any motor vehicle during such
hours.
(4)
Who is returning home from a supervised school, church
or civic function.
B.
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 parent, guardian or other person having the lawful care, custody and control of any person 16 years of age and under to allow or permit such person to violate the provisions of §§ 188-1 and 188-2 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 article 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 the age of 16 years of age and under to violate this article.
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 16 years
of age and under to loiter, loaf or idle in such place during the
hours prohibited by this article. 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 article
shall find persons 16 years of age and under 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.
Every law enforcement officer is hereby authorized to detain any minor violating the provisions of §§ 188-1 and 188-2 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 Chief of Police for the purpose of taking the custody of the minor and shall sign a release for him or her. If no response is received, the Chief of Police shall take whatever action is deemed necessary in the best interest of the minor.
The first time a minor, parent, guardian or person having legal custody of a minor is detained by a law enforcement officer of the Village of Webster, as provided in § 188-5, such minor, parent, guardian or person having such legal custody shall be given a written warning personally, if known, or by registered mail as to the provisions of this article and further advised that any violation of this article occurring thereafter by this minor or any other minor under his or her care or custody shall result in a penalty being imposed as hereinafter provided.
A.
Any parent, guardian or person having legal custody of a child described in §§ 188-1 and 188-5 who has been given a written warning in the manner provided in § 188-6 and who thereafter violates any of the provisions of this article shall be subject to a penalty as provided in Chapter 1, General Provisions, § 1-18 of this Code. After a second violation a citation will be issued, if the defendant, in a prosecution under this article, proves that he or she is unable to comply with this article because of the disobedience of the child, the action shall be dismissed and the child shall be referred to the circuit court assigned to exercise jurisdiction under Ch. 48, Wis. Stats.
