Chapter 9.35
OFFENSES BY JUVENILES
Sections:
9.35.020 Possession of controlled substances by juveniles.
9.35.030 Petty theft by juveniles.
9.35.040 Receiving stolen goods.
9.35.050 Village jurisdiction over persons and years of age.
9.35.060 Enforcement and penalties.
9.35.080 Purchases or possession of tobacco products prohibited.
9.35.090 Bullying – Harassment.
9.35.010 Curfew.
(a) Curfew Restrictions.
(1) Under 16 Years Old. It shall be unlawful for any person under 16 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, 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 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 and 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 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) of this section. 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.
(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 them of the violation.
(e) Every law enforcement officer is hereby authorized to detain any minor violating the provisions of above, until such time as the parent, guardian, or person having legal custody 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 the 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, parent, guardian, or person having legal custody of a minor that is detained by a law enforcement officer of the village, as provided in subsection (e) of this section, such minor, parent, guardian or person having such legal custody 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 this minor or any other minor under his or her care or custody shall result in a penalty being imposed as hereinafter provided.
(g)(1) Any parent, guardian or person having legal custody of a child described in subsections (a) through (e) of this section who has been warned in the manner provided in subsection (f) of this section and who thereafter violates any of the provisions of this section shall be subject to a penalty as provided in AMC 1.05.060. 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 chapter 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.
(2) Any minor person under 18 years of age who shall violate this section shall, upon conviction thereof, forfeit not less than $1.00, nor more than $25.00, together with the cost of prosecution. [Prior code § 9-6-1].
9.35.020 Possession of controlled substances by juveniles.
It shall be unlawful for any person under the age of 18 to possess a controlled substance contrary to the Uniform Controlled Substances Act, Chapter 161, Wis. Stats. [Prior code § 9-6-2].
9.35.030 Petty theft by juveniles.
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. [Prior code § 9-6-3].
9.35.040 Receiving stolen goods.
It shall be unlawful for a person under the age of 18 to intentionally receive or conceal property he knows to be stolen. [Prior code § 9-6-4].
9.35.050 Village jurisdiction over persons 16 and 17 years of age.
(a) Adoption of State Statute. Section 48.17(2), Wis. Stats., is hereby adopted and by reference made a part of this section as if fully set forth herein.
(b) Provisions of Ordinance Applicable to Persons 14 through 17 Years of Age. Subject to the provisions and limitations of Section 48.17(2), Wis. Stats., complaints alleging a violation of any provision of this code of ordinances 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 Arena Municipal 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 Chapter 125, Wis. Stats.
(e) Penalty for Violations of Subsection (d) of This Section. Any person 14 through 17 years of age who shall violate the provisions of subsection (d) of this section shall be subject to the same penalties as are provided in AMC 1.05.060 exclusive of the provisions therein relative to commitment in the county jail. [Prior code § 9-6-5].
Cross-reference: AMC 9.20.070.
9.35.060 Enforcement and penalties.
(a) Citation Process. For violations of AMC 9.35.020 through 9.35.050 juveniles may be cited by the citation process on a form approved by the village attorney and 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 AMC 9.35.020 through 9.35.050 by a person under the age of 18 shall be punishable according to Sections 48.17(2), 48.343, 48.344 and 48.345, Wis. Stats. Nothing in this section shall prevent the juvenile officer, in his discretion, from referring cases directly to the district attorney’s office. [Prior code § 9-6-6].
9.35.070 Truancy.
(a) Truancy Prohibited. No child between the ages of six and 18 years shall be truant from school during regular school hours.
(b) Definitions.
“School” means a school which such child is required to attend pursuant to Section 118.15(1) and (2), Wis. Stats.
“Truant” means 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 Section 118.15, Wis. Stats.
(c) Exceptions. This section does not apply to any child excused from attending school by the provisions of Section 118.15(3) and (4), Wis. Stats.
(d) Contributing to Truancy. No person or persons shall contribute to a truancy by knowingly encouraging a 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) of this section, or any person who violates subsection (d) of this section, may be punished by a forfeiture of not less than $25.00 nor more than $1,000; for the period each day of truancy shall be considered a separate offense. Penalties may also include possible loss of driver’s license as provided by state law.
(g) Adoption of State Statute. Section 118.163, Wis. Stats., is hereby adopted and by reference made a part of this section as if fully set forth herein. [Ord. dated 3/6/12 § 90. Prior code § 9-6-7].
9.35.080 Purchases or possession of tobacco products prohibited.
(a) In this section:
(1) “Child” has the meaning given in Section 48.02(2), Wis. Stats.
(2) “Cigarette” has the meaning given in Section 139.30(30)(1), Wis. Stats.
(3) “Law enforcement officer” has the meaning given in Section 30.50(4s), Wis. Stats.
(4) “Tobacco products” has the meaning given in Section 139.75(12), Wis. Stats.
(b) Except as provided in subsection (c) of this section, 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 purpose 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 Section 134.65(1), Wis. Stats.
(d) A law enforcement officer shall seize any cigarette or tobacco product involved in any violation of subsection (b) of this section committed in his or her presence.
(e) This chapter shall be interpreted in strict conformity with Section 254.92, Wis. Stats. [Res. 06-03. Prior code § 9-6-8].
9.35.090 Bullying – Harassment.
(a) Definitions. As used in this section, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:
“Bullying” is a form of harassment and is defined as an intentional course of conduct which is reasonably likely to intimidate, emotionally abuse, slander, threaten or intimidate another person and which serves no legitimate purpose, involves an imbalance of power, and is typically repeated over time.
“Course of conduct” is defined as a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose.
“Harassment” is defined as any conduct; whether verbal, physical, written, or by means of any mode of communication, which is:
(1) Prohibited by Section 947.01, 947.012, 947.0125, or 947.013, Wis. Stats.; or
(2) Any intentional course of conduct which is likely to create an intimidating, hostile or offensive environment, and which serves no legitimate purpose.
(b) Prohibition. It shall be unlawful for any person to engage in any bullying or harassment of a person or induce another person to engage in such bullying or harassment.
(c) Retaliation Prohibited. No person shall retaliate against any person who reports any conduct which is prohibited by this section.
(d) Constitutionally Protected Activity. This section shall not be construed to apply to any constitutionally protected activity or speech.
(e) Parental Responsibility. It shall be unlawful for any custodial parent or guardian of any unemancipated person under 18 years of age to allow or permit such person to violate the provisions of subsection (b) of this section. The fact that prior to the present offense a parent, guardian or custodian was informed in writing by a law enforcement officer of a separate violation of subsection (b) of this section by the same minor occurring within 90 days prior to the present offense shall constitute a rebuttable presumption that such parent, guardian or custodian allowed or permitted the present violation.
(f) Penalties. Any person who shall violate any provision of this section shall be subject to a penalty as provided in AMC 1.05.060, General penalty. [Ord. dated 12/1/15].