(a) Curfew Established. No minors or persons seventeen (17) years of age or under shall loiter, idle, wander or play either on foot or in a vehicle of any nature whatsoever upon the streets, alleys, highways, roads, sidewalks, parks, playgrounds, vacant lots or other unsupervised places of the Village of Edgar between the hours of 11:00 p.m. and 6:00 a.m., unless such minor is accompanied by his or her parent, legal 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 minor, unaccompanied by a parent, legal 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 minor is there unlawfully and that no reasonable excuse exists therefor.
(b) Exceptions.
(1) Exceptions Defined.
This Section shall not apply to a juvenile:
a. Who is performing an errand as directed by his/her parent, legal guardian or person having lawful custody.
b. Who is on his/her 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, but not later than sixty (60) minutes after the ending of such function.
e. Who is at any time, in the event of an emergency which would justify the reasonableness of the person's presence.
f. Who is engaged in interstate travel.
g. Who is accompanied by his/her parent, guardian, or other adult person having legal custody of such minor;
h. Who is participating in, going to, or returning from an activity involving the exercise of his/her rights protected under the First Amendment to the United States Constitution or any equivalent rights under the Wisconsin Constitution, including freedom of speech, the free exercise of religion, and the right of assembly.
(2) Limitations on Exceptions.
These exceptions shall not, however, permit a juvenile to unnecessarily loiter about the streets, alleys or public places or be in a parked motor vehicle on the public streets.
(c) Responsibility of Operators of Places of Amusement. No person operating a place of amusement or entertainment within the Village of Edgar, or any agent, servant or employee of any such person, shall permit a person under seventeen (17) years of age or under to enter to enter or loiter in such place of amusement or entertainment between 11:00 p.m. and 6:00 a.m. the next day, unless such person seventeen (17) years of age or under is accompanied by his/her parent, guardian or other adult person having legal custody of such person.
(d) Responsibility of Hotels, Motels and Rooming Houses. No person operating a hotel, motel, lodging or rooming house within the Village or any agent, servant or employee of such person, shall permit any person seventeen (17) years of age or under to visit, wander or stroll in any portion of such hotel, motel, lodging or rooming house between 11:00 p.m. and 6:00 a.m. the next day, unless such person seventeen (17) years of age or under is accompanied by his/her parent, legal guardian or other adult person having legal custody of such person.
(e) Parental Responsibility. It shall be unlawful for any parent, legal guardian or other person having the lawful care, custody and control of any person seventeen (17) years of age or under to permit, or by ineffective control allow, such person to violate the provisions of Subsections (a)-(d) above. The fact that prior to the present offense a parent, legal guardian or custodian was informed by any law enforcement officer of a separate violation of this Section occurring within thirty (30) days of the present offense shall be prima facie evidence that such parent, legal guardian or custodian allowed or permitted the present violation. Any parent, legal 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 juvenile seventeen (17) years of age or under to violate this Section. No person shall be liable under this Subsection for a violation committed by a minor during any period when physical placement of such minor has been assigned exclusively to some other person by judgment or order of a court.
(f) Detaining a Juvenile. Pursuant to Chapter 938, Wis. Stats., law enforcement officers are hereby authorized to detain any juvenile violating the above provisions and other provisions in this Chapter until such time as the parent, legal guardian or person having legal custody of the juvenile shall be immediately notified and the person so notified shall as soon as reasonably possible thereafter report to law enforcement authorities for the purpose of taking the custody of the juvenile and shall sign a release for him or her, or such juvenile may be taken directly from the scene of his/her apprehension to his/her home. If such juvenile's parents or relative living nearby cannot be contacted to take custody of such juvenile and it is determined by the apprehending officer that the juvenile's physical or mental condition is such as would require immediate attention, the law enforcement officer may make such necessary arrangements as may be necessary under the circumstances for the juvenile's welfare.
(g) Warning and Penalty.
(1) Explanation Opportunity Prior to Warning/Citation Issuance.
Unless flight by the child or other circumstances makes it impracticable, a law enforcement officer shall, prior to issuing a citation or warning for an offense under this Section, afford the child an opportunity to explain his/her reasons for being present in the public place. A law enforcement officer shall not issue a citation or warning for an offense under this Section unless the officer reasonably believes that an offense has occurred, and that none of the exceptions provided in this Section apply.
(2) Warning.
The first time a parent, legal guardian, or person having legal custody of a juvenile who is taken into custody by a law enforcement officer as provided in Subsection (f) above, such parent, legal guardian, or person having such legal custody shall be advised as to the provisions of this Section and further advised that any violation of this Section occurring thereafter by this juvenile or any other juvenile under his or her care or custody shall result in a penalty being imposed as hereinafter provided.
(3) Penalty.
a. Any parent, legal guardian, or person having legal custody of a juvenile described in Subsection (a) above who has been warned in the manner provided in Subsection (g)(l) herein and who thereafter violates this Section shall be subject to a penalty as provided in Section 1-1-6 of this Code of Ordinances. After a second violation within a six (6) month period, if the defendant, in a prosecution under this Section, proves that he or she is unable to comply with this Section because of the disobedience of the juvenile, the action shall be dismissed and the juvenile shall be referred to the court assigned to exercise jurisdiction under Chapter 938, Wis. Stats.
b. Any juvenile seventeen (17) years of age or under who shall violate this Section shall, upon conviction thereof, forfeit not less than One Dollar ($1.00) nor more than Twenty-five Dollars ($25.00), together with the costs of prosecution. Any juvenile violating this Section shall be subject to disposition as provided in Sec. 938.343, Wis. Stats., or any subsequent amendment, modification, revision, renumbering, recodification or addition or deletion of said provision.