(a) Curfew established. It shall be unlawful for any person age 16 or under to be on foot, bicycle, or in any type of vehicle on any public street, avenue, highway, road, alley, park, school grounds, place of amusement and entertainment, cemetery, playground, public building, or any other public place in the village between the hours of 10:00 p.m. and 6:00 a.m. the next day, 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 a 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 or her parent, guardian, or person having lawful custody;
b. Who is on his or 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; or
d. Who is returning home from a supervised school, church, or civic function, but not later than 30 minutes after the ending of such 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) Parental responsibility. It shall be unlawful for any parent, guardian, or other person having the lawful care, custody, and control of any person age 16 or under to allow or permit such person to violate the provisions of subsections (a) or (b) above. 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 age 16 or under to violate this section.
(d) Taking a child into custody.
(1) Every law enforcement officer while on duty is hereby authorized to take into custody any child violating the provisions of subsection (a) above. Children taken into custody shall be released from custody as soon as is reasonably possible. A person taking a child into custody shall make every effort immediately to release the child to the child’s parent, guardian, or legal custodian or, if the parent, guardian, or legal custodian is unavailable, unwilling, or unable to provide supervision for the child, may release the child to a responsible adult and verbally counsel or warn as may be appropriate or, in the case of a runaway child, may release the child to a home authorized under Wis. Stats. § 48.277. The parent, guardian, legal custodian, or other responsible adult to whom the child is released shall sign a release for the child.
(2) If the child is not released under this subsection (d), the officer shall deliver the child to the Barron or Polk County Juvenile Court intake worker in a manner determined by the court and law enforcement agencies, stating in writing with supporting facts the reasons why the child was taken into physical custody and giving any child 12 years of age or older a copy of the statement in addition to giving a copy to the intake worker. A juvenile violating these curfews regularly may be warned by an officer on duty in his or her discretion and sent home in lieu of taking the juvenile into custody.
(3) If the child is believed to be suffering from a serious physical condition which requires either prompt diagnosis or prompt treatment, the officer shall take such action as is required under Wis. Stats. § 48.20(4). If the child is believed to be mentally ill, drug dependent, or developmentally disabled and exhibits conduct which constitutes a substantial risk of physical harm to the child or to others, the officer shall take such action as is required under Wis. Stats. § 48.20(5). If the child is believed to be an intoxicated person who has threatened, attempted, or inflicted physical harm on himself or herself or on another and is likely to inflict such physical harm unless committed or is incapacitated by alcohol, the officer shall take such action as is required under Wis. Stats. § 48.20(6).
(e) Warning and penalty.
(1) Warning. The first time a parent, guardian, or person having legal custody of a child who is taken into custody by a law enforcement officer as provided in subsection (d) above, such parent, 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 child or any other child under his or her care or custody shall result in a penalty being imposed as hereinafter provided.
(2) Penalty. Any parent, guardian, or person having legal custody of a child described in subsection (a) above who has been warned in the manner provided in subsection (d)(1) above, and who thereafter violates this section shall be subject to a penalty as provided in § 1-1-6 of this code of ordinances. 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 section 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 Wis. Stats. Chapter 48. Any minor person under 16 years of age who shall violate this section shall, upon conviction thereof, forfeit not less than $1 nor more than $25, together with the costs of prosecution.
(Prior Code, § 11-5-1)