[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.]
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]
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.
CIGARETTE
CHILD
LAW ENFORCEMENT OFFICER
TOBACCO PRODUCT
Definitions. In this section, the following definitions
apply:
Has the meaning given in § 139.30(1), Wis. Stats.
A person who is less than 18 years of age.
Has the meaning given in § 30.50(4s), Wis. Stats.
Has the meaning given in § 139.75(12), Wis. Stats.
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.
ACCEPTABLE EXCUSE
HABITUAL TRUANT
TRUANT
Definitions. In this section, the following definitions
apply:
Has the meaning provided in §§ 118.15 and 118.16(4),
Wis. Stats.
A pupil who is absent from school without an acceptable excuse for
either of the following:
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.
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]
A.
Definitions and word usage.
(1)
CHILD
LEGAL CUSTODIAN
LEGAL CUSTODY
PARENT
PHYSICAL CUSTODY
In this section, the following definitions apply:
A person who is less than 18 years of age.
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.
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.
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.
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.
