Village of New Glarus, WI Juveniles

It shall be unlawful for any juvenile under age 16 to be on foot, bicycle or in any type of vehicle on any public street, avenue, highway, road, alley, park, school grounds, place of amusement and entertainment, cemetery, playground, public building or any other public place in the Village of New Glarus between the hours of 10:00 p.m. and 6:00 a.m. the next day on Sunday, Monday, Tuesday, Wednesday and Thursday or between the hours of 11:00 p.m. and 6:00 a.m. the next day on Friday and Saturday, unless accompanied by his or her parent, legal 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 juvenile, unaccompanied by a parent, legal 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 juvenile is there unlawfully and that no reasonable excuse exists therefor.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

It shall be unlawful for any person under 18 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, place of amusement and entertainment, cemetery, playground, public building or any other public place in the Village of New Glarus between the hours of 11:00 p.m. and 6:00 a.m. the next day for Sunday through Thursday and between the hours of 12:00 midnight and 6:00 a.m. the next day for Friday or Saturday, unless accompanied by his/her parent or legal guardian, or person having lawful custody and control of his/her person, or unless there exists a reasonable necessity therefor. The fact that said child, unaccompanied by a parent, legal 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.

Exceptions.

This section shall not apply to a juvenile:

(a)

Who is performing an errand as directed by his/her parent, guardian or person having lawful custody.

(b)

Who is on his/her 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 but not later than 30 minutes after the ending of such function.

These exceptions shall not, however, permit a juvenile to loiter unnecessarily about the streets, alleys or public places or be in a parked motor vehicle on the public streets.

Parental responsibility. It shall be unlawful for any parent, guardian or other person having the lawful care, custody and control of any person under age 17 to allow or permit such person to violate the provisions of Subsection A or B above. The fact that prior to the present offense a parent, legal 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, legal 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 juvenile under age 17 to violate this section.

Detaining a juvenile. Pursuant to Chapter 938, Wis. Stats., law enforcement officers are hereby authorized to detain any juvenile violating the above provisions and other provisions in this chapter until such time as the parent, legal guardian or person having legal custody of the juvenile 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 juvenile and shall sign a release for him or her, or such juvenile may be taken directly from the scene of his/her apprehension to his/her home. If such juvenile's parents or relative living nearby cannot be contacted to take custody of such juvenile, and it is determined by the apprehending officer that the juvenile'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 juvenile's welfare.

Warning and penalty.

Warning. The first time a juvenile is taken into custody by a law enforcement officer as provided in Subsection D above, the parent, guardian or person having legal custody of such juvenile shall be advised as to the provisions of this section and further advised that any violation of this section occurring thereafter by this juvenile or any other juvenile under his or her care or custody shall result in a penalty being imposed as hereinafter provided.

ACT OF COMMISSION OR OMISSION

Penalty. Any parent, legal guardian or person having legal custody of a juvenile described in Subsection A above who has been warned in the manner provided in Subsection E(1) herein and who thereafter violates 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 juvenile, the action shall be dismissed and the juvenile shall be referred to the court assigned to exercise jurisdiction under Chapter 938, Wis. Stats. Any juvenile under 16 years of age who shall violate this section shall, upon conviction thereof, forfeit not less than $1 nor more than $25, together with the costs of prosecution. Any minor person age 16 through 17 who shall violate this section shall, upon conviction thereof, forfeit not less than $10 nor more than $50, together with the costs of prosecution.

§ 190-2 Possession of controlled substances.

It shall be unlawful for any person under the age of 17 to possess a controlled substance contrary to the Uniform Controlled Substances Act, Chapter 961, Wis. Stats.

§ 190-3 Petty theft.

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.

§ 190-4 Receiving stolen goods.

It shall be unlawful for a person under the age of 17 intentionally to receive or conceal property he/she knows to be stolen.

§ 190-5 Village jurisdiction.

Adoption of state statutes. Sections 938.02 and 938.17(2), Wis. Stats., are hereby adopted and by reference made a part of this section as if fully set forth herein.

Definitions. As used in this section, the following terms shall have the meanings indicated:

ADULT

A person who is 18 years of age or older, except that for purposes of prosecuting a person who is alleged to have violated any civil law or municipal ordinance, "adult" means a person who has attained 17 years of age.

JUVENILE

A person who is less than 18 years of age, except that for purposes of prosecuting a person who is alleged to have violated a civil law or municipal ordinance, "juvenile" does not include a person who has attained 17 years of age.

Provisions applicable to juveniles. Subject to the provisions and limitations of § 938.17(2), Wis. Stats., complaints alleging a violation of any provision of this Code against juveniles may be brought on behalf of the Village of New Glarus 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.

Additional prohibited acts. In addition to any other provision of the Village of New Glarus Code, no juvenile 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 Chapter 125, Wis. Stats.

Penalty for violations of Subsection E. Any juveniles who shall violate the provisions of Subsection E shall be subject to the same penalties as are provided in Chapter 1, General Provisions, § 1-5 of this Code, exclusive of the provisions therein relative to commitment in the county jail.

§ 190-6 Truancy.

[Amended 11-20-2001 by Ord. No. 01-10]

Definitions. For the purpose of this section, the following definitions shall be applicable:

ACCEPTABLE EXCUSE

As defined in §§ 118.15 and 118.16(4), Wis. Stats.

Anything that contributes to the truancy of a juvenile, whether or not the juvenile is adjudged to be in need of protection or services, if the natural and probable consequences of that act would be to cause the child to be truant.

HABITUAL TRUANT

A pupil who is absent from school without an acceptable excuse for part or all of five or more days out of a school semester.[1]

TRUANCY

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 legal guardian of the absent pupil. Intermittent attendance carried on for the purpose of defeating the intent of § 118.15, Wis. Stats., shall also be considered truancy.

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Prohibition against habitual truant. Any person attending school in the Village between the ages of six and 18 years, subject to the exceptions found under § 118.15, Wis. Stats., is prohibited from becoming a habitual truant, as the term is 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 habitual truant under the terms of this section.

Prohibition against truancy. Any person attending school in the Village between the ages of 12 and 18 years who is determined to be truant as defined in Subsection A of this section shall be subject to one or more of the following penalties:

An order for the person to attend school.

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 not more than $500 plus costs for all violations committed during a school semester. All or part of the forfeiture plus costs may be assessed against the person and the parents or the legal guardian of the person, or both.

Form of citation. Any citation issued shall be returnable in court in the same manner as all other ordinance citations are returnable.

Disposition. Upon a finding that the juvenile is habitually truant, the following dispositions are available to the court. The court may:

Suspension of operating privileges. Suspend the juvenile's operating privileges for not less than 30 days nor more than 90 days. 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]

[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Counseling, service or work program. Order the juvenile to participate in counseling, community service or a supervised work program under § 938.34, Wis. Stats.

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 legal guardian.

(4)

Educational programs. Order the juvenile to attend an education program as set forth in § 938.34, Wis. Stats.

(5)

Revocation of work permits. Order the Department of Commerce to revoke a work permit issued to the juvenile.

(6)

Parental counseling. Order the parent, legal guardian or legal custodian of a habitually truant juvenile to participate in counseling at his or her own expense.

Required school attendance.

Violations. 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 that the public or private school in which the juvenile shall 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.

Exceptions.

(a)

A person will not be found in violation of this Subsection F 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 Chapter 938, Wis. Stats.

(b)

A person will not be found in violation of this Subsection F if he/she has a juvenile under his/her control and the child has been sanctioned under § 49.26(1)(h), Wis. Stats.

Proof required for exacting a penalty. Before a person may be found guilty of violating this section, the school attendance officer, principal or teacher must present evidence to the court that the activities under § 118.16(5), Wis. Stats., have been completed by the school system. If that evidence has been presented to the court and if the court finds a person guilty of violating this section, a forfeiture may be assessed as hereinafter provided.

Contributing to truancy.

Except as provided in Subsection G(2) below, any person 18 years of age or older who, by an act or omission, knowingly encourages or contributes to the truancy, as defined in Subsection A, of a juvenile shall be subject to a forfeiture pursuant to Chapter 1, General Provisions, § 1-5 of this Code.

Subsection G(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.

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.[3]

[3]

Editor's Note: Original Sec. 11-5-6(g)(4), which immediately followed this subsection and defined "truancy," was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Parent or legal guardian liability for truancy.

Unless the juvenile is excepted or excused under § 118.15, Wis. Stats., or has graduated from high school, any person having under control a juvenile who is between the ages of six and 18 years shall cause the juvenile to attend school regularly during the full period of 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.

A person found to have violated Subsection H(1) above, after evidence is provided by a school official that the activities under § 118.16(5), Wis. Stats., have been completed, shall be subject to a forfeiture pursuant to Chapter 1, General Provisions, § 1-5 of this Code.

Subsection H(2) 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., nor does it apply if the person proves that he or she is unable to comply with Subsection H(1) because of the disobedience of the juvenile.

§ 190-7 Unlawful sheltering of minors.

No person shall intentionally shelter or conceal a minor child who is:

A runaway child, meaning a child who has run away from his or her parent, legal guardian or legal or physical custodian; or

A child who may be taken into custody pursuant to § 48.19, Wis. Stats.

Subsection A applies when the following conditions are present:

The person knows or should have known that the child is a child described in either Subsection A(1) or (2); and

The child has been reported to a law enforcement agency as a missing person or as a child described in Subsection A(1) or (2).

Subsection A does not apply to any of the following:

A person operating a runaway home in compliance with § 48.227, Wis. Stats.;

A person who shelters or conceals a child at the request or with the consent of the child's parent, legal guardian or legal or physical custodian, except if the sheltering or concealment violates § 948.31, Wis. Stats.; or

PATTERN OF CRIMINAL GANG ACTIVITY

A person who immediately notifies a law enforcement agency, county department of public welfare or social services, or the intake worker of the court exercising jurisdiction under Chapter 48 or 938, Wis. Stats., that he or she is sheltering or concealing such child and provides the person or agency notified with all information requested.

§ 190-8 Purchase or possession of tobacco products.

Definition. For the purposes of this section, "tobacco products" means any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacco.

Purchase by minors prohibited. It shall be unlawful for any person under the age of 18 years to purchase tobacco products or to misrepresent their identity or age or to use any false or altered identification for the purpose of purchasing tobacco products.

Possession by minors prohibited. It shall be unlawful for any person under the age of 18 years to possess any tobacco products, provided that the possession by a person under the age of 18 years under the direct supervision of the parent or legal guardian of such person in the privacy of the parent's or legal guardian's home shall not be prohibited.

Statutes adopted. The provisions of §§ 254.92, 134.66 and 778.25(1)(a), Wis. Stats., are adopted by reference and incorporated herein.

§ 190-9 Smoking by minors on public property.

No person under the age of 18 years shall carry or possess a lighted cigar, cigarette, pipe or any other lighted smoking equipment or tobacco product restricted by state law on public property within 500 feet of a school grounds within the Village of New Glarus between the hours of 7:00 a.m. and 5:00 p.m.

§ 190-10 Criminal gang activity.

Authority. This section is adopted pursuant to the authority granted by § 66.0107 and Chapter 948, Wis. Stats.

Definitions. For purposes of this section, the following terms have the meanings indicated:

CRIMINAL GANG

An ongoing organization, association or group of three or more persons, whether formal or informal, that has as one of its primary activities the commission of one or more criminal or unlawful acts, or acts that would be criminal or unlawful if the actor were an adult, specified in § 939.22(21)(a) to (s), Wis. Stats., or in any of the Municipal Code chapters referred to in the definition of "pattern of criminal gang activity" below, that has a common name or common identifying sign or symbol and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity.

Has the same meaning as the definition in § 939.22(21), Wis. Stats., the list of offenses in Subsections (a) to (s) of that section, to Chapters 93, 190, 216 and 224 of this Code.

UNLAWFUL ACT

Includes a violation of any of the Municipal Code chapters referred to in the definition of "pattern of criminal gang activity" above or any criminal act or act that would be criminal if the actor were an adult.

Unlawful activity.

It is unlawful for any person to engage in criminal gang activity.

It is unlawful for any person to solicit or attempt to solicit a person who has not attained the age of 18 years to commit or attempt to commit any violation of the provisions of this section or any one or more of those sections of the Municipal Code referred to in the definition of "pattern of criminal gang activity" in Subsection B above.