ARTICLE I
Curfew
[Adopted 6-10-1993]
§ 101-1. Curfew established. [Amended 10-12-2000 by Ord. No. 1.00]
No person under 18 years of age shall loiter, idle or remain, and no parent or guardian shall permit their child or ward of such age to loiter, idle or remain in or upon any of the streets, alleys or public places in the Village of Holmen between the hours of 11:00 p.m. and 4:00 a.m., Sunday through Thursday, and between the hours of 12:00 midnight and 5:00 a.m., Friday and Saturday, (meaning Saturday morning and Sunday morning), unless such child is accompanied by a parent, guardian or some person of lawful age having legal custody of such child. This article shall not be construed to prohibit such child from performing an errand or duty if directed by a parent or guardian or of pursuing the duties of their employment in an expeditious manner or from going to or from places of business or authorized activities such as school, or religious functions, or private homes.
§ 101-2. 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 § 101-1 above. The fact that prior to the present offense a parent, guardian or custodian was informed by any law enforcement officer of the separate violation of this article 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 article.
§ 101-3. Responsibility of place of amusement.
It shall be unlawful for any person, firm or organization 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 article. 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 article shall find persons under 18 years of age loitering, loafing or idling in such place 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.
§ 101-4. Detaining a minor.
Every law enforcement officer is hereby authorized to detain any minor violating the provisions of the above 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 the custody of the minor and shall sign the release for him or her. If no response is received, the police shall take whatever action is deemed necessary in the best interest of the minor.
§ 101-5. Violations and penalties. [Amended 5-11-2006 by Ord. No. 5.06]
- Any parent, guardian or person having legal custody of a child described in §§ 101-1 through 101-4 who has been warned and who thereafter violates any of the provisions of this article shall, upon conviction thereof, forfeit not less than $50 nor more than $500 for the first offense and not less than $100 nor more than $1,000 for a subsequent offense. After a second violation within a six-month period, if the defendant, in a prosecution under this article, proves that he or she is unable to comply with this article 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 Chapter 48, Wis. Stats.
- Any minor person under 18 years of age who shall violate this article shall, upon conviction thereof, forfeit not less than $50 nor more than $500 for the first offense and not less than $100 nor more than $1,000 for a subsequent offense.
ARTICLE II
Truancy
[Adopted 4-14-1994]
§ 101-6. Definitions.
For purposes of this article, the following terms shall have the meanings indicated:
ACCEPTABLE EXCUSE — An acceptable excuse as defined in Section 118.15, Wis. Stats.
HABITUAL TRUANT — A pupil who is absent from school without an acceptable excuse for either of the following:
- Part or all of five or more days out of 10 consecutive days during which school is held during a school semester.
- Part or all of the 10 or more days during which school is held during a school semester.
§ 101-7. Violations and penalties.
Upon finding that a student is a habitual truant, the court shall enter an order making one or more of the following dispositions:
- Suspend the student’s operating privilege as defined in Sec. 340.01(40), Wis. Stats., for not less than 30 days nor more than 90 days. (The Judge may also suspend the student’s hunting and fishing privileges.) The court shall immediately take possession of any suspended license and forward it to the Department of Transportation together with a notice stating the reason for and the duration of the suspension.
- Have the student picked up by the law enforcement officials and returned to his or her respective school as allowed in Sec. 48.19(1)(d)(8), Wis. Stats. This can be done by school officials, provided law enforcement officials with an updated list of “habitual truants.”
- Order the student to participate in counseling, community service, or a supervised work program as provided under Sec. 938.34(5g), Wis. Stats. [Amended 10-12-2000 by Ord. No. 1.00]
- Order the student to remain at home except during hours in which the student is attending religious worship or a school program, including travel time required to get to and from the school program or place of worship. The order may permit a student to leave his or her home if the student is accompanied by a parent or guardian.
- Order the student to attend an educational program under Sec. 938.34(7d), Wis. Stats. [Amended 10-12-2000 by Ord. No. 1.00]
- A citation will be given to the student or parent of the student who is taken into custody by law enforcement officials, as provided under Sec. 48.19(1)(d)(8), Wis. Stats.
- Failure to comply with a court order under this article can be handled with a “contempt of court” charge.
ARTICLE III
Sexting
[Adopted 3-14-2019 by Ord. No. 1-2019[1]]
§ 101-8. Definitions.
As used in this article, the following terms shall have the meanings indicated:
HARMFUL TO MINORS — Any reproduction, imitation, characterization, description, exhibition, presentation or representation, of whatever kind or form, depicting nudity, sexual conduct, or sexual excitement when it:
- Predominately appeals to prurient, shameful, or morbid interest;
- Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material or conduct for minors; and
- Taken as a whole, is without serious literary, artistic, political, or scientific value for minors.
MINOR — Any person under the age of 18 years.
NUDITY — The showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering; or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple. A mother’s breastfeeding of her baby does not under any circumstance constitute “nudity,” irrespective of whether or not the nipple is covered during or incidental to feeding.
§ 101-9. Offense of sexting.
A minor commits the offense of sexting if he or she knowingly:
- Uses a computer, or any other device capable of electronic data transmission or distribution, to transmit or distribute to another minor any photograph or video of any person which depicts nudity, as defined above, and is harmful to minors, as defined above.
- Possesses a photograph or video of any person that was transmitted or distributed by another person which depicts nudity, as defined above, and is harmful to minors, as defined above. A minor does not violate this subsection if all of the following apply:
(1) The minor did not solicit the photograph or video;
(2) The minor took reasonable steps to report the photograph or video to a school or law enforcement official; and
(3) The minor did not transmit or distribute the photograph or a video to a third party other than a school or law enforcement official.
- Uses a computer, or any other device capable of electronic data transmission or distribution, to transmit or distribute to another minor any text, correspondence, or message of a sexual nature when it:
(1) Predominately appeals to a prurient, shameful, or morbid interest;
(2) Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material or conduct for minors; and
(3) Taken as a whole, is without serious literary, artistic, political, or scientific value for minors.
- Solicits the transmission or distribution of any text, correspondence, message, photograph or video from another minor that would itself be prohibited under this Chapter 101, Article III, of the Municipal Code.
§ 101-10. Violations and penalties.
Any person who violates any provision of this article is subject to a forfeiture of not less than $100 nor more than $500, together with the costs of prosecution. A person who is in default of payment is subject to imprisonment in the county jail until the forfeiture and costs are paid.
[1]. Editor’s Note: This ordinance was originally adopted as Ch. 128 but was renumbered for organizational purposes.
