Sec. 9-5-1 Curfew.
(a) Curfew Established. It shall be unlawful for any juvenile under age eighteen (18) 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 City of Elroy during the hours of 10:00 p.m., Sunday thru Thursday, or 11:00 p.m., Friday and Saturday, to 5:00 a.m., unless 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 therefore. The fact that said juvenile, unaccompanied by 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 juvenile is there unlawfully present in the public place and that no reasonable excuse exists therefore:
(1) 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.
(2) 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) Parental Responsibility. It shall be unlawful for any parent, legal guardian or other person having the lawful care, custody and control of any person under age eighteen (18) to allow or permit such person to violate the provisions of (a) or (b) 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, 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 under age eighteen (18) to violate this Section.
(d) 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 the Police Department for the purpose of taking the custody of the juvenile, 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 police officer may make such necessary arrangements as may be necessary under the circumstances for the juvenile’s welfare.
(e) Warning and Penalty.
(1) Warning. The first time a parent, guardian, or person having legal custody of a juvenile who is taken into custody by a law enforcement officer as provided in Subsection (d) 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.
(2) Penalty. 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 (d)(1) herein and who thereafter violates this Section shall be subject to a penalty as provided in Section 1-1-7 of this Code of Ordinances. After a second violation within a twelve (12) 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. Any juvenile under sixteen (16) years of age 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.