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Village of Sauk City, WI
Sauk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Sauk City as §§ 9.05.04, 9.05.07, 9.05.11 and 9.05.12 and Ch. 9.11 of the 1970 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Bicycles and play vehicles — See Ch. 103.
Dance halls — See Ch. 140.
No person who is under the age of 18 years of age shall be upon, or remain in or upon, any of the streets, alleys, parks, parking lots and/or public places in the Village of Sauk City between the hours of 10:30 p.m. and 4:00 a.m. Sunday through Thursday and between the hours of 12:00 midnight and 4:00 a.m. Friday and Saturday unless such child is accompanied by a parent, guardian or some person of lawful age having legal custody of such child, or unless he/she is going home from a school-authorized activity or a church function, or unless his/her employment makes it necessary for him/her to be upon said streets, alleys, parks, parking lots, or public places, in which case the provisions of this section shall not apply. If the child is involved in a school activity, a church function or employment that requires the child to be upon said streets, alleys, parks, parking lots, or public places between the hours of 10:30 p.m. and 4:00 a.m. Sunday through Thursday and between the hours of 12:00 midnight and 4:00 a.m. Friday and Saturday, such minor shall have a responsible adult that may be contacted in person or by telephone at that time to verify that child's authorized school activity, church function, or employment attendance.
A. 
Responsibilities of parents. It shall be unlawful for a parent or guardian, or person in charge of such minor, to permit any person under his or her control, if such person is under the age of 18 years, to be upon the streets, alleys, parks, parking lots, or other public places in the Village of Sauk City between the hours of 10:30 p.m. and 4:00 a.m. Sunday through Thursday and between the hours of 12:00 midnight and 4:00 a.m. Friday and Saturday, unless accompanied by his or her parent or guardian, or unless such minor is returning from either an authorized school or church function as provided in this section or from his or her place of employment.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Any minor found violating the provisions of this section shall be taken and delivered by such police officer to the custody of the person having legal custody of the minor. A record of such violation shall be made and filed in the records of the Police Department. Any minor found violating the provisions of this section shall, upon conviction, be subject to a forfeiture of up to $25 for each offense; provided, however, that in the event proceedings are commenced against children aged 16 years or older for violation of this section, the provisions of §§ 938.17(2) and 938.343, Wis. Stats., shall be applicable.
A. 
Furnishing alcoholic beverages to minors. No person shall sell, furnish, or vend, or in any way deal or traffic in, or give away any intoxicating liquor or fermented malt beverage in any quantity whatsoever to any person under the age of 21.
B. 
Possession of false identification. No person shall possess identification that has been altered so as to not be true and accurate, nor shall any person present for identification purposes a document that is not true and accurate identification of said person.
C. 
Possession of alcoholic beverages by minors. No person under the age of 21 years shall procure, seek to procure, knowingly possess, or consume any intoxicating liquor or fermented malt beverage, except that fermented malt beverages may be consumed while under the immediate supervision of a parent or guardian.
A. 
Definitions. In this section, the following definitions apply:
CIGARETTE
Has the meaning given in § 139.30(1), Wis. Stats.
CHILD
A person who is less than 18 years of age.
LAW ENFORCEMENT OFFICER
Has the meaning given in § 30.50(4s), Wis. Stats.
TOBACCO PRODUCT
Has the meaning given in § 139.75(12), Wis. Stats.
B. 
Except as provided in Subsection C, no child may do any of the following:
(1) 
Buy or attempt to buy any cigarette or tobacco product.
(2) 
Falsely represent his or her age for the purposes of receiving any cigarette or tobacco product.
(3) 
Possess any cigarette or tobacco product.
C. 
A child may purchase or possess cigarettes or tobacco products for the sole purpose of resale in the course of employment during his or her working hours if employed by a retailer licensed under § 134.65(1), Wis. Stats.
D. 
A law enforcement officer shall seize any cigarette or tobacco product involved in any violation of Subsection B committed in his or her presence.
E. 
Penalties. In this section a violation shall mean a forfeiture of not less than $25 together with costs of prosecution.
A. 
Definitions. In this section, the following definitions apply:
ACCEPTABLE EXCUSE
Has the meaning provided in §§ 118.15 and 118.16(4), Wis. Stats.
HABITUAL TRUANT
A pupil who is absent from school without an acceptable excuse for either of the following:
(1) 
Part or all of five or more days out of 10 consecutive days on which school is held during a semester.
(2) 
Part or all of 10 or more days on which school is held during a school semester.
TRUANT
A pupil who is absent from school without an acceptable excuse under §§ 118.15 and 118.16(4), Wis. Stats., for part or all of any day on which school is held during a school semester.
B. 
Prohibited conduct. Any person under the age of 18 years enrolled in school shall not be a habitual truant.
C. 
Penalties.
(1) 
Any person who is deemed to be a truant may be subject to one or more of the following dispositions by the Court:
(a) 
Order the person to attend school.
(b) 
Impose a forfeiture of not more than $50 plus costs for the first violation, or a forfeiture of not more than $100 plus costs for any second or subsequent violation committed within 12 months of the previous violation, subject to § 938.37, Wis. Stats., and subject to a maximum cumulative forfeiture of not more than $500 for all violations committed during a school semester. All or part of the forfeiture(s) plus costs may be assessed against the person, the parents or guardian of the person, or both.
(2) 
Any person who is deemed to be a habitual truant may be subject to one or more of the following dispositions by the Court:
(a) 
Suspend the child's operating privilege, as defined in § 340.01(40), Wis. Stats., for not less than 30 days nor more than one year. 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 stating the reason for and the duration of the suspension.
(b) 
Order the child to participate in counseling, community service or a supervised work program under § 938.34(5g), Wis. Stats.
(c) 
Order the child to remain at home except during the hours in which the child 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 child to leave his or her home if the child is accompanied by a parent or guardian.
(d) 
Order the child to attend an educational program under § 938.34(7d), Wis. Stats.
D. 
Parental prohibitions. No parent, guardian or other adult may knowingly allow a student to absent himself or herself from attendance at school without an acceptable excuse. Each day or part of a day that a parent, guardian or other adult knowingly allows a student to absent himself or herself from school without an acceptable excuse shall constitute a separate offense.
E. 
Dropouts. The Court may suspend the operating privilege, as defined n § 340.01(40), Wis. Stats., of a person who is at least 16 years of age but less than 18 years of age and is a dropout, until the person reaches the age of 18. The Court shall immediately take possession of any suspended license and forward it to the Department of Transportation together with a notice stating the reason for, and the duration of, the suspension.
F. 
Parental penalties. Any parent, guardian or other adult who knowingly allows a student to absent himself or herself from attendance at school without an acceptable excuse shall be in violation of § 118.15, Wis. Stats., and shall forfeit to the Sauk Prairie Municipal Court, upon conviction thereof, the following:[1]
(1) 
Forfeiture of not less than $20 nor more than $200 for the first offense.
(2) 
Forfeiture of not less than $40 nor more than $300 for any subsequent offense within a one-year period.
(3) 
Fees and costs of prosecution as provided by § 814.63, Wis. Stats., together with any other fees authorized or required to be imposed by the Wisconsin Statutes.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
G. 
Enforcement.
(1) 
Sworn law enforcement officers at all levels within the Village of Sauk City shall have authority to issue citations or complaints for violations of this chapter in the Village of Sauk City.
(2) 
Any citation written pursuant to this subsection for enforcement of this section shall conform to the requirements of § 66.0113, Wis. Stats. A person issued a citation for which a monetary forfeiture is provided under this section may remit a forfeiture of $50, or such other amount authorized pursuant to the Village of Sauk City Code, together with any other costs and fees authorized or required to be imposed by the Wisconsin Statutes, in cash or by certified check or money order, to the Sauk Prairie Municipal Court, 724 Water Street, Suite A, Sauk City, Wisconsin 53583. The provisions of § 66.0113(3), Wis. Stats., Violator's options and procedure on default, are hereby adopted.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Definitions and word usage.
(1) 
In this section, the following definitions apply:
CHILD
A person who is less than 18 years of age.
LEGAL CUSTODIAN
A person other than a parent or guardian or an agency to whom or to which legal custody of the child has been transferred by a court, but does not include a person who has only physical custody of the child.
LEGAL CUSTODY
The legal status created by the order of a court which confers the right and duty to protect, train, and discipline a child, and to provide food, shelter, legal services, education, and ordinary medical and dental care, subject to the rights, duties and responsibilities and the provisions of any court order.
PARENT
Either a biological parent, a husband who has consented to the artificial insemination of his wife under § 891.40, Wis. Stats., or a parent by adoption. If the child is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under § 767.60, Wis. Stats., "parent" includes a person adjudged in a judicial proceeding to be the biological father. "Parent" does not include any person whose parental rights have been terminated.
PHYSICAL CUSTODY
Actual custody of the person in the absence of a court order granting legal custody to the physical custodian.
(2) 
In this section, "custody" does not include an agency or a person other than a child's birth or adoptive parent.
(3) 
In determining which parent has custody of a child for purposes of this section, the court shall consider which parent had responsibility for caring for and supervising the child at the time that the minor's act violated a provision of the Village of Sauk City Code.
B. 
Parental responsibility for acts of minor child.
(1) 
A person commits the offense of failing to exercise parental responsibility if the person is the parent or custodian with legal responsibility for the safety and welfare of a child and the child has been found on private or public property within the Village of Sauk City in violation of any provisions of the Village of Sauk City Code three times within any twelve-month period.
(2) 
A conviction or judgment, default or otherwise, by a court that the child violated an ordinance, based upon proof that the child committed the act, subject to its admissibility under § 904.10, Wis. Stats., shall in an action under Subsection B(1) stop a child's parents or parent from denying that the child committed the act.
C. 
Defenses. It shall be a defense to the offense of failure to exercise parental responsibility if the child's violation of the Village of Sauk City Code occurred in the presence of the parents or person with legal responsibility for the safety and welfare of the child. It shall be a defense to the offense of failure to exercise parental responsibility if the violation occurred on private property of the parent or person with legal responsibility for the safety and welfare of the child.
D. 
Penalty. The offense described under Subsection B(1) shall be subject to a penalty of not more than $1,000 plus all costs.