[HISTORY: Adopted by the Village Board of
the Village of Orfordville 3-31-1992 as Title 11, Ch. 5 of the 1992 Code. Amendments noted where
applicable.]
A.
Curfew established. It shall be unlawful for any person
under 17 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 or public grounds in the Village of Orfordville between
the hours of 10:00 p.m. and 6:00 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 10-7-1996; 11-14-2011]
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 loiter unnecessarily about the streets, alleys or public places
or be in a parked motor vehicle on the public streets.
C.
Parental responsibility. It shall be unlawful for any parent, guardian or other person having the lawful care, custody and control of any person under 17 years of age to allow or permit such person to violate the provisions of Subsection A 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 17 years of age to violate this section.
[Amended 11-14-2011]
D.
Responsibility of places of amusement. 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 17 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, refreshment or other place of business
during the hours prohibited by this section shall find persons under
17 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.
Detaining a minor. Law enforcement officers are hereby
authorized to detain any person under 17 years of age violating the
provisions of above until such time as the parent, guardian or person
having legal custody of the child shall be immediately notified, and
the parent, guardian or person having legal custody so notified shall
as soon as reasonably possible thereafter report to the Police Department
for the purpose of taking the custody of the child and shall sign
a release for him or her, or such child may be taken directly from
the scene of his apprehension to his or her home. If such child's
parents or relative living nearby cannot be contacted to take custody
of such child and it is determined by the apprehending oar that the
child's physical or mental condition is such as would require immediate
attention, the police officer may make such necessary arrangements
as may be necessary under the circumstances for the child's welfare.
[Amended 11-14-2011]
F.
Penalty.
(1)
Any parent, guardian or person having legal custody of a child described in Subsections A through E who has been warned in the manner provided in Subsection C and who thereafter violates any of the provisions of this section shall be subject to a penalty as provided in Chapter 1, General Provisions, § 1-5 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. 938, Wis. Stats.
[Amended 11-14-2011]
It shall be unlawful for any person under the
age of 17, 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.
[Amended 11-14-2011]
It shall be unlawful for a person under the
age of 17 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 12 through 16 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 12 through 16 years of age may be brought on
behalf of the Village of Orfordville and may be prosecuted utilizing
the same procedures in such cases as are applicable to adults charged
with the same offense.
[Amended 11-14-2011]
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.
D.
Additional prohibited acts. In addition to any other
provision of the Village of Orfordville Code, no person age 12 through
16 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.
[Amended 11-14-2011]
E.
Penalty for violations of Subsection D. Any person 12 through 16 years of age who shall violate the provisions of Subsection D shall be subject to the same penalties as are provided in Chapter 1, General Provisions, § 1-5, exclusive of the provisions therein relative to commitment in the county jail.
[Amended 11-14-2011]
[Amended 5-10-2004 by Ord. No. O-2004-01]
A.
ACCEPTABLE EXCUSE
HABITUAL TRUANT
TRUANCY
Definitions. For the purpose of this section, the
following definitions shall be applicable:
The meaning as defined in §§ 118.15(3) and
118.16(4), Wis. Stats.[1]
[Amended 11-14-2011]
A pupil who is absent from school without an acceptable excuse
for part or all of five or more days on which school is held during
the school semester.
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. Intermittent attendance carried on
for the purpose of defeating the intent of § 118.15, Wis.
Stats.
[Amended 11-14-2011]
[1]
Editor’s Note: The former definition of "act of commission
or omission," which immediately followed this definition, was repealed
11-14-2011.
B.
Prohibition against truancy and habitual truancy.
Any person attending school in the Village between the ages of 12
and 18 years, subject to the exceptions found under § 118.15,
Wis. Stats., is prohibited from becoming a truant and/or an habitual
truant as those terms are defined in this section. Any police officer
in this Village is authorized to issue a citation to any such person
who is determined to be a truant or an habitual truant under the terms
of this section.
[Amended 11-14-2011]
C.
Preconditions to issuance of citation. Prior to the
issuance of any citation alleging habitual truancy, the district school
attendance officer shall provide evidence to the Police Department
that appropriate school personnel in the school in which the child
is enrolled have within the school year during which the habitual
truancy occurred:
[Amended 7-26-2004; 11-14-2011]
(1)
Met with the child's parent or guardian to discuss
the child's truancy or attempted to meet with the child's parent or
guardian and received no response or were refused.
(2)
Provided an opportunity for educational counseling
to the child to determine whether a change in the child's curriculum
would resolve the child's truancy and considered curriculum modifications
under § 118.15(1)(d) of the Wisconsin Statutes.
(3)
Evaluated the child to determine whether learning
problems may be a cause of the child's truancy and, if so, have taken
steps to overcome the learning problems, except that the child need
not be evaluated if tests administered to the child within the previous
year indicate that the child is performing at his or her grade level.
(4)
Conducted an evaluation to determine whether social
problems may be a cause of the child's truancy and, if so, have taken
appropriate action or made appropriate referrals.
D.
Form of citation. Any citation issued alleging truancy
or habitual truancy shall be returnable in the Municipal Court in
the same manner as all other ordinance citations are returnable. The
citation is to state on its face that this is a "must appear" citation,
and no forfeiture amount is to be written on the face of the citation.
E.
Disposition. Upon finding a juvenile habitually truant,
the following dispositions are available to the Court:
(1)
Suspension of operating privileges. Suspend the juvenile's
operating privilege for not less than 30 days nor more than one year.
The Judge shall immediately take possession of the suspended license
and forward it to the Department of Transportation of the State of
Wisconsin, together with a notice setting forth the reason for and
duration of the suspension.
(2)
Counseling, service or work program. Order the juvenile
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 juvenile,
the parent or guardian of the juvenile, or both.
(3)
In-house restraint. Order the juvenile to remain at
home except for the hours in which the juvenile 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 juvenile to leave home if the juvenile is accompanied by
a parent or guardian.
(4)
Educational programs. Order the juvenile to attend
an educational program as described in § 938.34(7d), Wis.
Stats.
(5)
Revocation of work permits. Order the Department of
Workforce Development to revoke a permit under § 103.70,
Wis. Stats., authorizing the employment of the juvenile.
(6)
Teen court program. Order the juvenile to be placed
in a teen court program if all of the following conditions apply:
(a)
The chief judge of the judicial administrative
district has approved a teen court program established in the juvenile's
county of residence and the judge determines that participation in
the court program will likely benefit the juvenile and the community.
(b)
The juvenile admits or pleads no contest to
the allegations that the juvenile was truant in open court with the
juvenile's parent, guardian or legal custodial present.
(c)
The juvenile has not successfully completed
participation in a teen court program during the two years before
the date of the alleged violation.
(7)
Order to attend. Order the juvenile to attend school.
(8)
Forfeiture. Order 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 juvenile,
the parent or guardian of the juvenile, or both.
(9)
Other restrictions. Order any other reasonable conditions consistent with this Subsection E, including a curfew, restrictions as to going to or remaining on specified premises and restrictions on associating with other children or adults.
(10)
Parental counseling/school attendance. Order the juvenile'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 juvenile, or both.
F.
Disposition for truants. Upon finding a juvenile truant,
the following dispositions are available to the Court:
(1)
Order to attend. Order the juvenile to attend school.
(2)
Forfeiture. Impose 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 $500 for all violations committed during a school semester. All
or part of the forfeiture plus costs may be assessed against the juvenile,
the parent or guardian of the juvenile, or both.
G.
Compulsory school attendance.
(1)
Requirement. Any person having under his/her control
a juvenile who is between the ages of six and 18, subject to the exceptions
found in § 118.15, Wis. Stats., shall cause the juvenile
to attend school regularly during the full period and 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.
(2)
Exceptions.
(a)
A person will not be found in violation of this Subsection G if that person can prove that he/she is unable to comply with the provisions of this section because of the disobedience of the juvenile. The juvenile shall be referred to the court assigned to exercise jurisdiction under Ch. 938, Wis. Stats.
(3)
Proof required for exacting a penalty. Before a person may be found guilty of violating this Subsection G, the school attendance officer must present evidence to the court that the activities under § 118.16(5), Wis. Stats., have been completed by the school system or were not required to be completed. If that evidence has been presented to the court and if the court finds a person guilty of violating this Subsection G, a forfeiture may be assessed as hereinafter provided.
(4)
Penalties. Except as provided for in Subsection G(2) above, whoever violates this Subsection G may be penalized as follows, if the evidence required in Subsection G(3) above has been established:
(a)
For a first offense, by a fine of not more than
$500.
(b)
For a second or subsequent offense, by a fine
of not more than $1,000.
(c)
Requirement that the violator perform community
service work for a public agency or a nonprofit charitable organization
in lieu of the fines set forth above.
(d)
Order participation in counseling at the violator's
own expense or order the violator to attend school with his or her
child, or both.
H.
Contributing to truancy.
(2)
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.
(3)
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.
A.
Citation process. For violations of §§ 216-2 through 216-4, 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 carbon copy will be mailed to the parent or legal guardian.
B.
Penalties. Violations of §§ 216-2 through 216-4 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.
