[HISTORY: Adopted by the Village Board of the Village of Pleasant Prairie 6-6-2005 by Ord. No. 05-18. Amendments noted where applicable.]
Editor's Note: This ordinance also repealed former Ch. 155, Curfew, adopted 2-5-1990, as amended.
As used in this chapter, the following terms shall have the meanings indicated:
- CURFEW HOURS
- The hours between 12:00 midnight and 8:00 a.m. on Saturday and Sunday and between 10:30 p.m. and 8:00 a.m. the next day beginning on Sunday through Thursday.
- A person or a public or private agency who either pursuant to court order or acceptance of testamentary appointment is the legal guardian of the minor.
- LOITER, IDLE OR REMAIN
- To linger or stay, as well as to refuse to leave when requested to do so by a police officer, or the owner or other person in control of a public place. This term also encompasses activities which may be mobile, such as walking, driving, and riding about in a public place.
- Any person who is 17 years of age or younger.
- A person who is the natural parent, adoptive parent, or stepparent of the minor.
- PUBLIC PLACE
- A place located in the Village of Pleasant Prairie to which the public, or a substantial group of the public, has access, including, but not limited to, streets, highways, sidewalks, parking lots, vacant lots, parks, and the common areas in and about apartment buildings, office buildings, hospitals, schools, shops and places of entertainment such as movie theaters.
No minor shall loiter, idle or remain upon any street, alley or other public place in the Village during curfew hours, unless such child is accompanied by his parent, legal guardian or other adult person having legal custody of such child.
This section shall not apply to a minor:
Who is performing an errand as directed by his or her parent, legal guardian or person having lawful custody.
Who is on his or her own premises or in the area immediately adjacent thereto.
Who is engaged in a lawful employment activity, or on the way to or from an employment activity, without detour or stop except as necessary to drop or pick up a co-employee.
Who is attending a school, religious or governmental activity, which is supervised by adults, or traveling to or from such a school, religious, or governmental activity without detour or stop.
Who is participating in, going to, or returning from an activity involving the exercise of the minor's rights protected under the First and Fourteenth Amendments to the United States Constitution and Sections 3 and 4 of Article I of the Constitution of the State of Wisconsin, such as the freedom of speech and expression and the right of assembly, without detour or stop.
No parent, legal guardian or other person having legal custody of a minor shall permit such child to loiter, idle or remain upon any street, alley or other public place in the Village during curfew hours, unless such child is accompanied by his parent, legal guardian or other adult person having legal custody of such child.
No person operating a place of amusement or entertainment within the Village or any agent, servant or employee of such person shall permit a minor to enter or loiter in such place of amusement or entertainment during curfew hours, unless such child is accompanied by his parent, legal guardian or other adult person having legal custody of such child.
No person operating a hotel, motel or lodging or rooming house within the Village, or any agent, servant or employee of such person, shall permit any minor to visit, idle, wander or stroll in any portion of such hotel, motel or lodging or rooming house during curfew hours, unless such child is accompanied by his parent, legal guardian or other adult person having legal custody of such child.
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 Village during open hours.
Before taking any action to enforce this chapter, a police officer shall ask the apparent offender's age. The officer may ask for proof of the apparent offender's age and shall be justified in taking action to ascertain the apparent offender's age in the absence of identification, such as taking the apparent offender into custody while contacting his or her parent or guardian, or accompanying the apparent offender to his or her residence for the purpose of obtaining identification.
If the apparent offender is a minor, or cannot produce identification proving otherwise immediately, the officer shall ask the reason for the apparent offender's being in a public place. The officer shall not take any action to enforce this section unless the officer reasonably believes, based upon the response of the apparent offender as well as the totality of the circumstances, no exception to this section applies. If the officer does have such a reasonable belief, the officer on duty may detain any child violating § 155-2, 155-4, 155-5 or 155-6 until such time as the parent, legal 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 for the purpose of taking the child into custody and has signed a release for him.
The first time a child is detained by law enforcement officers as provided in § 155-7, the parent, legal guardian or person having legal custody shall be advised as to the provisions of this chapter, and any violation of this chapter occurring thereafter by this child or any other child under such adult's care or custody shall result in a penalty being imposed as provided in § 155-9.
Any parent, legal guardian or person having legal custody of a child described in §§ 155-2, 155-4, 155-5 and 155-6 who has been warned in the manner provided in § 155-8 and who thereafter violates any of the provisions of this chapter shall be subject to a penalty as provided in Chapter 1, § 1-4, of this Code.