Chapter 9.30
OFFENSES BY OR AGAINST MINORS
Sections:
9.30.020 Off premises sale of liquor and fermented malt beverages.
9.30.030 Contributing to the delinquency of a child.
9.30.040 Purchase of cigarettes and tobacco products by minors prohibited.
9.30.010 Curfew.
1. No child under the age of 18 years shall loiter, idle, wander or play either on foot or in a vehicle of any nature upon the streets, alleys, highways, roads, sidewalks, parks, playgrounds, other public premises, vacant lots or any unsupervised places in the Town any night after 11:00 p.m.
2. No parent, guardian or adult having the custody of any child under the age of 18 years shall permit such child to violate this section.
3. Penalties.
a. Any child found violating the provisions of subsection (1) of this section may be reported to the County Juvenile Court as a child alleged to be in need of protection or services in accordance with Wis. Stat. § 48.13.
b. Such child over the age of 14 may be tried in the Civil Court if the Juvenile Court Judge waives jurisdiction as provided in Wis. Stat. § 938.18.
4. The arresting officer shall advise the parent, guardian or custodian of a child as soon as convenient after such violation, and if the violation is considered serious enough or such child is a repeater, shall report the same to the Juvenile County Judge of Walworth County. (Ord. 2010-21 §§ 1, 2. 2008 code § 9.14)
9.30.020 Off premises sale of liquor and fermented malt beverages.
1. In the Town of East Troy, no person shall sell or furnish liquor or fermented malt beverages to any person under 21 years of age not accompanied by his parent, guardian, or spouse, for consumption outside the building or permanent structure in which a license to dispense malt beverages or liquor is possessed.
2. In the Town of East Troy, no person under 21 years of age, not accompanied by his parent, guardian, or spouse, shall possess liquor or fermented malt beverages outside a building or permanent structure in which a license to dispense liquor or malt beverages is possessed, except that where liquor or fermented malt beverages are dispensed for consumption outside a building or permanent structure, by a licensed dispenser, the premises on which a person under 21 years of age may possess such beverages shall include all areas within 10 feet of the point at which such beverages are dispensed.
3. It is the declared intent of this section to require that persons under the age of 21 be permitted to consume liquor or fermented malt beverages only under the supervision of parents, guardian, spouse, or properly licensed persons. As used in this section, “spouse” means a husband or wife who is 21 years or over. (2008 code § 9.24)
9.30.030 Contributing to the delinquency of a child.
1. No person, 18 or older, shall intentionally encourage or contribute to the delinquency of any child as defined in Wis. Stat. § 48.02(2), or the neglect of any child. This subsection includes the prohibition against a person intentionally encouraging or contributing to an act by a child under the age of 16 which would be a delinquent act if committed by a child 16 years of age or older.
2. No parent, guardian or legal custodian shall, by neglect, or disregard of the morals, health or welfare of his or her child, contribute to the delinquency of that child. This subsection includes neglect or disregard on the part of the parents which results in the commission or probable commission by a child under the age of 16 of an act which would be a delinquent act if committed by a child 17 years of age or older.
3. For purposes of this section, an act or failure to act contributes to the delinquency or neglect of a child, although the child does not actually become neglected or delinquent, if the natural and probable consequences of that act or failure to act would be to cause the child to become delinquent or neglected. (Ord. 2010-22 §§ 1, 2. 2008 code § 9.32)
9.30.040 Purchase of cigarettes and tobacco products by minors prohibited.
1. No minor shall buy, or attempt to buy, any cigarette or tobacco product, or falsely represent his or her age for the purpose of receiving cigarette or tobacco products.
2. The definitions set forth in Wis. Stat. §§ 139.30(1m), 139.75(12) and 51.01(11) are hereby adopted by reference, the same pertaining to “cigarette,” “tobacco products,” and “law enforcement officer.”
3. A minor may purchase 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 Wis. Stat. § 134.65(1).
4. A law enforcement officer shall seize any cigarette or tobacco product involved in any violation of this section committed in his or her presence.
5. Any minor violating this section shall be subject to a fine of $25.00. (Ord. 2010-23 § 1. 2008 code § 9.34)