(a) Purpose. This Section is intended to reduce the incidents of misconduct by juveniles or underage persons by requiring proper supervision on the part of custodial parents.
(b) Prohibited Conduct. Every custodial parent has the duty to properly supervise his/her child. It shall be unlawful for any custodial parent to fail to properly supervise his/her child. Proof of a child's conviction of a Village of Edgar ordinance violation, a violation of a state statute that occurred in the Village of Edgar, or any combination thereof twice within a six (6) month period or three (3) or more times within a twelve (12) month period shall be prima facia evidence that the custodial parent is guilty of failing to properly supervise the child. A child's traffic offenses shall not be considered under this Section except for alcohol and drug related offenses, reckless driving, and traffic crimes. The six (6) and twelve (12) month periods shall be measured from the date of the first violation.
(c) Definitions. For purposes of this Section:
(1) Child.
A person seventeen (17) years of age or under.
(2) Custodial Parent.
A parent of a minor child who has custody of the child, that is, the parent who has responsibility for caring for and supervising the child at the time the child's ordinance violations occurred.
(3) Custody.
Either physical custody of a child under a court order under Secs. 767.23 or 767.24, Wis. Stats., custody of a child under a stipulation under 767.10, Wis. Stats, or actual physical custody of the child. "Custody" does not include legal custody, as defined under Sec. 48.01(12), Wis. Stats., by an agency or a person other than a child's birth or adoptive parent. In determining which parent has custody of a child for purposes of this Section, the court shall consider which parent had responsibility for caring for and supervising the child at the time that the child's ordinance violations occurred.
(d) Defenses.
(1) The following shall be defenses to a violation of Subsection (b):
a. Where the parent can provide specific evidence of on-going participation in, or recent completion of, parenting classes, family therapy, group counseling or AODA counseling which includes the parent or child in question;
b. Where the parent reported the act(s) to the appropriate authorities;
c. Where the parent has made all reasonable and available efforts under the circumstances to prevent the juvenile misconduct;
d. Where the parent is not legally resopnsible for the supervision of the juvenile at the time the misconduct occurred; or
e. Where the parent has a physical or mental disablity or incompetency rendering him/her incapable of supervising the juvenile at the time the misconduct occurred.
(2) It is not a defense when the parent assigns his/her parental responsibility to another, except pursuant to legal proceedings which result in a court order effectuating the same. The parent has the burden of proving his/her defense by clear and satisfactory evidence.