Chapter 101
MINORS
[HISTORY: Adopted
by the Village Board of the Village of Holmen as indicated in article
histories. Amendments noted where applicable.]
GENERAL REFERENCES
Amusement devices — See Ch. 10.
Loitering — See Ch. 95.
Peace and good order — See Ch. 127.
ARTICLE I
Curfew
[Adopted
6-10-1993]
§ 101-1. Curfew established. [Amended 10-12-2000 by Ord. No. 1.00]
No person under 18 years
of age shall loiter, idle or remain, and no parent or guardian shall permit
their child or ward of such age to loiter, idle or remain in or upon any of the
streets, alleys or public places in the Village of Holmen between the hours of
11:00 p.m. and 4:00 a.m., Sunday through Thursday, and between the hours of
12:00 midnight and 5:00 a.m., Friday and Saturday, (meaning Saturday morning
and Sunday morning), unless such child is accompanied by a parent, guardian or
some person of lawful age having legal custody of such child. This article
shall not be construed to prohibit such child from performing an errand or duty
if directed by a parent or guardian or of pursuing the duties of their
employment in an expeditious manner or from going to or from places of business
or authorized activities such as school, or religious functions, or private
homes.
§ 101-2. Parental responsibility.
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 § 101-1 above. The fact that prior to the present
offense a parent, guardian or custodian was informed by any law enforcement
officer of the separate violation of this article 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 article.
§ 101-3. Responsibility of place of amusement.
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 article. 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 article 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.
§ 101-4. Detaining a minor.
Every law enforcement
officer is hereby authorized to detain any minor violating the provisions of
the 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 the release
for him or her. If no response is received, the police shall take whatever
action is deemed necessary in the best interest of the minor.
§ 101-5. Violations and penalties. [Amended 5-11-2006 by Ord. No. 5.06]
A. Any parent, guardian or person having legal custody of a child
described in §§ 101-1 through 101-4 who has been warned and who thereafter
violates any of the provisions of this article shall, upon conviction thereof,
forfeit not less than $50 nor more than $500 for the first offense and not less
than $100 nor more than $1,000 for a subsequent offense. After a second
violation within a six-month period, if the defendant, in a prosecution under
this article, proves that he or she is unable to comply with this article
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 under Chapter
48, Wis. Stats.
B. Any minor person under 18 years of age who shall violate this
article shall, upon conviction thereof, forfeit not less than $50 nor more than
$500 for the first offense and not less than $100 nor more than $1,000 for a
subsequent offense.
ARTICLE II
Truancy
[Adopted
4-14-1994]
§ 101-6. Definitions.
For purposes of this
article, the following terms shall have the meanings indicated:
ACCEPTABLE EXCUSE — An
acceptable excuse as defined in Section 118.15, Wis. Stats.
HABITUAL TRUANTTTTT — A
pupil who is absent from school without an acceptable excuse for either of the
following:
A. Part or all of five or more days out of 10 consecutive days
during which school is held during a school semester.
B. Part or all of the 10 or more days during which school is held
during a school semester.
§ 101-7. Violations and penalties.
Upon finding that a
student is a habitual truant, the court shall enter an order making one or more
of the following dispositions:
A. Suspend the student's operating privilege as defined in Sec.
340.01(40), Wis. Stats., for not less than 30 days nor more than 90 days. (The
Judge may also suspend the student's hunting and fishing privileges.) 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.
B. Have the student picked up by the law enforcement officials and
returned to his or her respective school as allowed in Sec. 48.19(1)(d)(8),
Wis. Stats. This can be done by school officials, provided law enforcement
officials with an updated list of "habitual truants."
C. Order the student to participate in counseling, community
service, or a supervised work program as provided under Sec. 938.34(5g), Wis.
Stats.[1]
D. Order the student to remain at home except during hours in which
the student 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 student to leave his or her home if the student is
accompanied by a parent or guardian.
E. Order the student to attend an educational program under Sec.
938.34(7d), Wis. Stats.[2]
F. A citation will be given to the student or parent of the
student who is taken into custody by law enforcement officials, as provided
under Sec. 48.19(1)(d)(8), Wis. Stats.
G. Failure to comply with a court order under this article can be handled with a "contempt of court" charge.