[HISTORY: Adopted by the Common Council of the City of Waterloo 10-19-1987 by Ord. No. 87-6 as § 9.17 of the 1987 Code. Amendments noted where applicable.]
Violation. No child under the age of 17 years shall remain, and no parent or legal guardian shall knowingly permit his child or ward to so remain, upon any street or alley or other public place in the City between 10:30 p.m. and 6:00 a.m. the next day.
Exceptions. The following shall constitute valid exceptions to the operation of the curfew:
At any time, if the child is accompanied by his or her parent, legal guardian, or other responsible person who is over the age of 18 and who is approved by the child's parent or legal guardian.
At any time, in the event of an emergency which would justify the reasonableness of the child's presence.
At any time while the child is pursuing the duties of his employment.
Until the hour of 12:30 a.m. if the child is on an errand as directed by the child's parent or legal guardian.
If the child is coming directly home from a public meeting or place of public entertainment such as a movie, play, school, church or sporting event. This exception will apply for 1/2 hour after the completion of such event but in no case beyond 12:30 a.m. If the event is not commercial in nature or does not have a fixed publicly known time at which it will end, the sponsoring organization must register the event with the Police Department at least 24 hours in advance informing it of the time such event is scheduled to be, the place at which it will be held, the time at which it shall end, and the name of the sponsoring organization.
If the child is coming directly home from a private home which has been approved by the child's parent or legal guardian.
Until the hour of 12:30 a.m. if the child is on the property of or the sidewalk directly adjacent to the building in which he resides or the buildings immediately adjacent thereto.
Taking a child into custody. A child believed to be violating this section shall be taken to the Police Department for proper identification. Every law enforcement officer, while on duty, is hereby authorized to take into custody any child violating the provisions of Subsection A above. Children taken into custody shall be released from custody as soon as is reasonably possible. A person taking a child into custody shall make every effort to immediately release the child to the child's parent, guardian or legal custodian, or, if the parent, guardian or legal custodian is unavailable, unwilling or unable to provide supervision, that person may release the child to a responsible adult and verbally counsel or warn, as may be appropriate, or, in the case of a runaway child, may release the child to a home authorized under § 48.227, Wis. Stats. The parent, guardian, legal custodian or other responsible adult to whom the child is released shall sign a release for the child.
[Added by Ord. No. 92-5; amended by Ord. No. 99-2]
Prohibited. A child is prohibited from being a truant.
Definitions. For purposes of this section, the following definitions apply:
- A pupil under 18 years of age.
- 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.
Penalty. Upon finding that a child is a truant, the court shall enter an order making one or more of the following dispositions:
An order for the child 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 for all violations committed during a school semester. All or part of the forfeiture plus costs may be assessed against the person, the parents or guardian of the person, or both.