[HISTORY: Adopted by the Common Council of the City of St. Francis as §§ 9.14, 9.22, 9.28 and 9.50 of the 1981 Code. Amendments noted where applicable.]
Specified. No child under 17 years shall loiter, idle or remain upon any street, alley or other public place in the City between 11:00 p.m. and 5:00 a.m. the next day unless such child is accompanied by his parent, guardian or other adult person having legal custody of such child.
This section shall not apply to a child:
Who is performing an errand as directed by his parent, guardian or person having lawful custody.
Who is on his own premises or in the areas immediately adjacent thereto.
Whose employment makes it necessary to be upon the streets, alleys or public places or in any motor vehicle during such hours.
Who is returning home from a supervised school, church or civic function.
These exceptions shall not, however, permit a child to unnecessarily loiter about the streets, alleys or public places or be in parked motor vehicle on the public streets.
Parental violation. No parent, guardian or other person having legal custody of a child under 17 years shall permit such child to loiter, idle or remain upon any street, alley or other public place in the City between 11:00 p.m. and 5:00 a.m. the next day unless such child is accompanied by his parent, guardian or other adult person having legal custody of such child.
Responsibility of operators of places of amusement. No person operating a place of amusement or entertainment within the City, or any agent, servant or employee of such person, shall permit a child under 17 years to enter or loiter in such place of amusement or entertainment between 11:00 p.m. and 5:00 a.m. the next day unless such child is accompanied by his parent, guardian or other adult person having legal custody of such child.
Responsibility of operators of hotels, motels and lodging or rooming houses. No person operating a hotel, motel or lodging or rooming house within the City, or any agent, servant or employee of such person, shall permit any child under 17 years to visit, idle, wander or stroll in any portion of such hotel, motel or lodging or rooming house between 11:00 p.m. and 5:00 a.m. the next day unless such child is accompanied by his parent, guardian or other adult person having legal custody of such child.
Loitering in school and playground areas. No person not in official attendance or on official school business shall enter into, congregate, loiter, wander, stroll, stand or play in any school building or in or about any playground area adjacent thereto within the City between 8:00 a.m. and 4:00 p.m. on official school days.
Detaining a child. A child believed to be violating the provisions of this section shall be taken to the Police Department or the County Sheriff's Department for proper identification. Any law enforcement officer on duty may detain any child violating Subsection A, C, D or E until such time as the parent, guardian or other adult person having legal custody of the child has been immediately notified and the person so notified has, as soon as reasonably possible thereafter, reported to the Police Department or the Sheriff's office for the purpose of taking the child into custody and has signed a release for him.
School attendance enforcement. Section 118.16, Wis. Stats., is hereby incorporated by reference, as it may be amended from time to time, as though fully set forth herein.
Compulsory school attendance. Section 118.15, Wis. Stats., is hereby incorporated by reference, as it may be amended from time to time, as though fully set forth herein.
Definition. In this section "habitual truant" means a pupil who is absent from school without an acceptable excuse under Subsection B above for either of the following:
Disposition. If the court finds a person guilty of violating this section, the court may make one or more of the dispositional orders provided for in § 938.342, Wis. Stats., and such section is hereby incorporated by reference, as it may be amended from time to time, as though fully set forth herein.
Truancy and dropouts. Section 118.163, Wis. Stats., as it may be amended from time to time, is hereby incorporated by reference, as though fully set forth herein, and where such portion of the statutes permits municipalities to have certain powers and authority, it is so adopted.
Section 118.258, Wis. Stats., as it may be amended from time to time, is hereby incorporated by reference and it is therefore unlawful for any pupil to use or possess an electronic paging or two-way communication device while on premises owned or rented by or under the control of a public school, except as permitted by the school district. Violation of this section shall result in confiscation of such device by the school district to be forwarded to the Police Department.
[Added 10-5-2004 by Ord. No. 1169]
Purpose. The purpose of this section is to reduce the incidence of misconduct by juveniles by requiring proper supervision on the part of the custodial parents and to ensure the payment of restitution caused by juvenile misconduct.
Definitions. Whenever the following words or terms are used in this section, they shall be construed to have the following meanings:
- CUSTODIAL PARENT
- A parent or legal guardian of a juvenile who has legal custody of said juvenile.
- Legal or physical custody under court order issued pursuant to § 767.225 or 767.41, Wis. Stats., or actual physical custody of a juvenile. "Custody" does not include legal custody as defined under § 48.02(12), Wis. Stats., by an agency or person other than a juvenile's birth or adoptive parent.
- A minor 17 years of age or younger.
- PARENTAL RESPONSIBILITY
- A custodial parent of a juvenile residing with such custodial parent shall meet his or her duty to supervise the juvenile.
- Any payment ordered pursuant to § 800.093, Wis. Stats.
Prohibited conduct. Every custodial parent has a duty to properly supervise his or her juvenile. Any custodial parent whose juvenile is adjudicated guilty of a St. Francis Code violation, including but not limited to provisions which incorporate state laws, twice within a six-month period or three or more times within a twelve-month period is guilty of failing to meet his or her duty to supervise said juvenile where the violations were a foreseeable consequence of the breach of the duty, in that:
The six- and twelve-month periods shall be measured from the date of the first adjudication of guilt. Adjudication in the court that the juvenile has violated an ordinance shall bar a juvenile's custodial parent from denying that the juvenile committed the violation, subject to applicable rules of evidence.
Defenses. The following shall be among the defenses to a violation of Subsection C where proven by the parent by clear and convincing evidence:
Where the parent was not legally responsible for the supervision of the juvenile at the time the misconduct occurred;
Where the parent has a physical or mental disability or incompetence rendering him or her incapable of supervising the juvenile at the time the misconduct occurred;
Where the parent reported the act forming the basis of the violation to the appropriate authorities when the violation occurred or as soon as the parent learned of the violation;
Where the parent is the victim of the acts underlying the violation; or
Where the juvenile has been diagnosed before the violation by a competent physician or licensed psychologist as suffering from a mental disorder that renders parental supervision and control ineffective.
Penalty. The offense described under Subsection C shall be subject to a penalty of not less than $250 or more than $1,000. Nothing in this section shall prevent the Juvenile Officer, in his/her discretion, from referring cases directly to the District Attorney's office.
Parental responsibility for restitution. A custodial parent of a juvenile residing with such custodial parent shall pay restitution ordered as part of any adjudication of guilt entered against the juvenile.
[Added 12-16-2014 by Ord. No. 1377]
Intent. The Common Council finds that bullying can constitute a threat to the physical and emotional safety of individuals and that children are especially vulnerable to bullying. This section is intended to prohibit the conduct that threatens the physical or emotional safety of persons in the City of St. Francis, but this section shall not be construed to prohibit any constitutionally protected speech or conduct.
Bullying, prohibited. No person shall engage in bullying; intentionally aide and abet the commission of bullying; conspire with another to engage in bullying; or advise, hire, counsel, or otherwise procure another to engage in bullying, aid another person in or be a party to a conspiracy with another to bully any person or persons in the City of St. Francis.
Bullying, defined. For purposes of this section, "bullying" shall mean any conduct, or course of conduct, that constitutes a violation of any one or more of the following sections of the Wisconsin Statutes as amended from time-to-time:
[Amended 7-1-2008 by Ord. No. 1259]
Except where another penalty is provided herein, any person who shall violate any provision of this chapter shall be subject to a penalty as provided in § 1-4 of this Code.