9.151 CURFEW
9.151 CURFEW (Cr. Ord. #2076 – 8/10/92; Rep. & Recr. Ord. #2568 - 7/11/05).
(1) DEFINITIONS. As used in this section:
(a) "Child" means a person who is less
than 16 years of age.
(b) "Curfew period" includes the time from 12:01 a.m. to 5:00 a.m.
(2) CURFEW ESTABLISHED. No child shall be or remain present in or upon the
public streets, highways, roads, alleys, sidewalks and parks; public buildings; places of
amusement and entertainment; vacant lots; or any public place in the City of West Bend,
either on foot or in or upon any conveyance operated or parked, during the curfew period,
unless accompanied by his or her parent, legal guardian or other adult person having his or
her care, custody or control.
(3) EXCEPTIONS. The following shall constitute exceptions to the operation of the
curfew:
(a) Emergency. The presence of the child is necessitated by an emergency
situation in which property or human life are in jeopardy and the prompt summoning or
rendering of aid is essential;
(b) Employment. The presence of the child is in the course of his or her
employment duties during working hours or for travel incident thereto;
(c) Associational Activity. The child is present while traveling directly
home from an associational activity. Associational activities are school or religious
programs, sporting events, public entertainment such as concerts or movies, and similar
activities or events;
(d) Permission. The child is on an errand at the direction of the child's parent
or guardian, without any detour or stop;
(e) Interstate Travel. The child is in a motor vehicle involved in interstate
travel;
or
(f) First Amendment Protection. The child is exercising First Amendment
rights protected by the United States Constitution, such as the free exercise of religion,
freedom of speech, and the right of assembly.
(4) RESPONSIBILITY OF PARENTS. It shall be unlawful for the parent, legal
guardian or other adult person having the care and custody of a child to permit or suffer him
or her to violate this section.
(5) ENFORCEMENT. Before taking any enforcement action under this section, a
police officer shall ask the apparent offender's age and reason for being in the public place.
The officer shall not issue a citation or make an arrest under this section unless the officer
has probable cause to believe that an offense has occurred and that, based on any response
and other circumstances, no exception in subsection (3) is present.
(6) PENALTY. Any child or other person who violates this section shall be subject
to a penalty as provided in §25.04 of this Code.
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