[HISTORY: Adopted by the Village Board of the Village of Mazomanie 6-28-1988
as Title 9, Ch. 6 of the 1988 Code. Amendments noted where applicable.]
A.
Curfew restrictions.
[Amended 9-12-1989]
(1)
Under 16 years old. It shall be unlawful for any person
under 16 years of age to be on foot, bicycle or 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 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 his or her 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.
(2)
Sixteen and 17 years old. It shall be unlawful for any
person 16 or 17 years of age to be on foot, bicycle or 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 between the hours of 11:00 p.m. and 5:00 a.m., except
Friday and Saturday evenings when the hours of curfew are 12:00 midnight to
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 his
or her 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.
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
unnecessarily loiter about the streets, alleys or public places or be in a
parked motor vehicle on the public streets.
C.
It shall be unlawful for any parent, guardian or other person having the lawful care, custody and control of any person under 18 years of age to allow or permit such person to violate the provisions of Subsections A and B 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 18 years of age to violate this section.
[Amended 9-12-1989]
D.
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 18 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 18 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.
[Amended 9-12-1989]
E.
Every law enforcement officer is hereby authorized to detain any minor violating the provisions of Subsection A or B above until such time as the parent, guardian, or person having legal customer of the minor shall be immediately notified, and the person so notified shall as soon as reasonably possible thereafter report to the Police Department for the purpose of taking custody of the minor and shall sign a release for him or her. If no response is received, law enforcement officers shall take whatever action is deemed necessary, in the best interest of the minor.
F.
The first time a minor is detained by a law enforcement officer of the Village, as provided in Subsection E, such minor and the parent, guardian or person having legal custody of such minor shall be advised, personally, if known, or by registered mail, as to the provisions of this section and further advised that any violation of this section occurring thereafter by such minor or any other minor under the care of such parent, guardian or person having legal custody shall result in a penalty being imposed as hereinafter provided.[1]
G.
Penalties.
(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 F and who thereafter violates any of the provisions of this section shall be subject to a penalty as provided in Chapter 1, § 1-3 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. 48, Wis. Stats.
It shall be unlawful for any person under the age of 18 to possess a
controlled substance contrary to the Uniformed Controlled Substances Act,
Ch. 961, Wis. Stats.
It shall be unlawful for any person under the age of 18 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.
It shall be unlawful for a person under the age of 18 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 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 and may be prosecuted utilizing the same procedures in such cases
as are applicable to adults charged with the same offense.
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 Code, no person age 14 through 17 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.
A.
Citation process. For violations of §§ 262-2 through 262-5 juveniles may be cited by the citation process on a form approved by the Village Attorney and 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 §§ 262-2 through 262-5 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.
C.
Alternative juvenile dispositions and sanctions.
[Added 9-24-1996 by Ord. No. 1996-7]
(1)
For a juvenile adjudged to have violated an ordinance,
the Municipal Court is authorized to impose any of the dispositions listed
in §§ 938.343 and 938.344, Wis. Stats., in accordance with
the provisions of those statutes.
(2)
For a juvenile adjudged to have violated an ordinance
who violates a condition of a dispositional order of the court under § 938.343
or 938.344, Wis. Stats., the Municipal Court is authorized to impose any of
the sanctions listed in § 938.355(6)(d), Wis. Stats., in accordance
with the provisions of those statutes.
A.
Truancy prohibited. No child between the ages of six
and 18 years shall be truant from school during regular school hours.
B.
SCHOOL
TRUANT
Definitions. As used in this section, the following terms
shall have the meaning indicated:
A school which such child is required to attend pursuant to § 118.15(1)
and (2), Wis. Stats.
Any absence from school during which the principal or teacher has
not been notified in writing or verbally of the legal cause of such absence
by the parent or legal guardian of such child. "Truant" also means intermittent
attendance carried on for the purpose of defeating the intent of § 118.15,
Wis. Stats.
C.
Exceptions. This section does not apply to any child
excused from attending school by the provisions of § 118.15(3) and
(4), Wis. Stats.
D.
Contributing to truancy. No person or persons shall contribute
to a truancy by knowingly encouraging truancy and providing shelter to a child
known to be truant.
E.
Apprehension of truants. Whenever a police officer has
cause to believe a child is truant such police officer may return said child
to a school or an appropriate juvenile detention facility, as determined by
said police officer after consulting with appropriate school officials.
F.
Penalties. Any parent or guardian who knowingly allows his or her child to violate this section, or any person who files a false statement or writing under Subsection B hereof, or any person who violates Subsection D hereof, may be punished as provided in Chapter 1, § 1-3 of this Code. Each day of truancy shall be considered a separate offense. Penalties include possible loss of driver's license.
[Amended 2-22-1994 by Ord. No. 1994-2[1]]
