§ 16-319. Curfew.

(a)

Established. It shall be unlawful for any person under 18 years of age to be on foot, bicycle or in any type of vehicle on any public street, avenue, highway, road, alley, sidewalk, parking lot, park, school grounds, swimming beach, cemetery, playground, public building or any other public place or public grounds or any private place to which the minor has been invited in the village between the hours of 10:00 p.m. and 6:00 a.m. Sunday through Thursday, and 12:00 midnight to 6:00 a.m. Friday and Saturday, unless accompanied by his parent or guardian, or person having lawful custody therefor. The fact that said child, unaccompanied by a parent, guardian or other person adult 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 parent, guardian or person having lawful custody.

b.

Who is on his own premises or in the areas immediately adjacent thereto.

c.

Whose employment makes it necessary to be upon the public street, avenue, highway, road, alley, sidewalk, parking lot, park, school grounds, swimming beach, cemetery, playground, public building or any other public place or public grounds or any private place to which the minor has been invited or in any motor vehicle during such hours.

d.

Who is returning home from a supervised school, church or civic 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 under 18 years of age to allow or permit such person to violate the provisions of subsection (a) or (b) of this section. 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 under 18 years of age to violate this section.

(d)

Responsibility of places of amusement. It shall be unlawful for any person 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 section. 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 section shall find persons under 18 years of age loitering, loafing or idling in such places 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.

(e)

Detaining a minor. Law enforcement officers are hereby authorized to detain any minor violating the provisions of this section 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 custody of the minor and shall sign a release for him, or such child may be taken directly from the scene of his apprehension to his home. If such child's parents or a relative living nearby cannot be contacted to take custody of such child and it is determined by the apprehending officer that the child's physical or mental condition is such as would require immediate attention, the police officer may make such arrangements as may be necessary under the circumstances for the child's welfare.

(f)

Penalty.

(1)

Any parent, guardian or person having legal custody of a child described in subsections (a) through (c) of this section who has been warned in the manner provided in subsection (d) of this section and who thereafter violates any of the provisions of this section shall be subject to a penalty as provided in section 1-15. After a second violation within a six-month period, if the defendant, in a prosecution under this section, proves that he 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. ch. 938.

(2)

Any minor person under 16 years of age who shall violate this section shall, upon conviction thereof, forfeit $25.00, together with the cost of prosecution.

(Code 1989, § 11-5-1; Ord. of 4-2-1997)