[HISTORY: Adopted by the Village Board of the Village of Belgium 11-21-1991 by Ord. No. 16-91 as Title 11, Ch. 5, of the 1991 Code. Amendments noted where applicable.]
[Amended 1-12-2004 by Ord. No. 3-04; 7-11-2005 by Ord. No. 17-05]
Definitions. As used in this section, the following terms have the meanings indicated:
- CURFEW HOURS
- The hours between 11:00 p.m. and 5:00 a.m. of the following day.
- An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, or automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
- Any privately owned place of business operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment.
- A person who, under court order, is the guardian of the person of a minor; or a public or private agency with whom a minor has been placed by a court.
- Congregate, linger, wander, stand, delay, walk or stroll about aimlessly, or to remain idle in essentially one location in a manner and under circumstances manifesting an unnecessary or aimless purpose.
- Any person under 16 years of age.
- Any individual, firm, association, partnership, company or corporation operating, managing or conducting any establishment. The term includes the members or partners of an association, partnership or company and the officers of a corporation.
- A natural parent, adoptive parent, or stepparent of another person; or a person at least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.
- PUBLIC PLACE
- Any area generally visible to public view and includes, but is not limited to, streets, tree banks, sidewalks, alleys, parks, vacant lots, driveways, parking lots and buildings open to the general public and the doorways, entrances and common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops and the grounds enclosing them and any other public place.
- Linger or stay; or fail to leave a premises or establishment when requested to do so by a law enforcement officer or the owner, operator or other person in control of the premises or establishment.
- SERIOUS BODILY INJURY
- Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
No minor shall loiter, idle, remain or be present in any public place or on the premises of any establishment within the Village during curfew hours.
No parent or guardian of a minor shall knowingly permit, or by insufficient control allow, the minor to loiter, idle, remain or be present in any public place or on the premises of any establishment within the Village during curfew hours.
No owner, operator, or any employee of an establishment shall knowingly allow a minor to remain upon the premises of the establishment during curfew hours.
This section shall not apply where the minor was:
Accompanied by the minor's parent or guardian;
On an errand at the direction of the minor's parent or guardian without any detour or stop;
In a motor vehicle involved in interstate travel;
Engaged in an employment activity or going to or returning home from an employment activity, without any detour or stop;
Involved in an emergency;
On the sidewalk abutting the minor's residence or abutting the residence of a next door neighbor if the neighbor did not complain to a law enforcement officer about the minor's presence;
Attending an official school, religious or other recreation activity supervised by adults and sponsored by the Village of Belgium, the Cedar Grove-Belgium School District, a church or religious entity, a civic organization, or other similar entity that takes responsibility for the minor, or going to or returning from, without any detour or stop, an official school, religious or other recreational activity supervised by an adult and sponsored by the Village of Belgium, the Cedar Grove-Belgium School District, a church or religious entity, a civic organization, or other similar entity that takes responsibility for the minor;
Exercising First Amendment rights protected by the United States Constitution or the Wisconsin Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or
This section shall not apply to the owner, operator or employee of an establishment that promptly notified a law enforcement officer that a minor was present on the premises of the establishment during curfew hours and refused to leave.
Enforcement action. Before taking any enforcement action under this section, a law enforcement officer shall ask the apparent offender's age and reason for being present in the public place. A law enforcement officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based upon any response and circumstances, no defense listed in Subsection C is present. A minor believed to be violating the provisions of this section may be taken to the law enforcement agency for proper identification. Every law enforcement officer, while on duty, may, in his/her discretion, detain any minor violating Subsection B above until such time as the parent, guardian or other adult person having legal custody of the minor is notified, and the person so notified shall, as soon as reasonably possible thereafter, report to the law enforcement agency for the purpose of taking the minor into custody and such person shall sign a release for the minor if so requested by the officer.
Penalty. Any person who shall violate any provision of this section shall, upon conviction, be subject to a penalty as provided in § 1-5 of this Code, except that any minor who shall violate this section shall, upon conviction thereof, forfeit not less than $10 nor more than $25, together with the cost of prosecution, or be subject to one or more of the dispositions set forth in § 938.343, Wis. Stats.
Severability. If any section, subsection, sentence, clause, phrase or portion of this section is for any reason held invalid or unconstitutional by any court of competent jurisdiction such portion(s) shall be deemed a separate, distinct and independent provision and such holdings shall not affect the validity of the remaining portion(s) thereof.
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.
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 Belgium and may be prosecuted utilizing the same procedures in such cases as are applicable to adults charged with the same offense.
No incarceration as penalty. The court shall not impose incarceration as a penalty for any person convicted of an offense prosecuted under this section.