Number
041757
Version
SUBSTITUTE 2
Reference
Sponsor
ALD. PUENTE, ZIELINSKI, MCGEE, DONOVAN AND WITKOWSKI
Title
A substitute ordinance relating to parental responsibility for the misconduct of juveniles.
Sections
106-23.5 cr
Analysis
This ordinance establishes that a parent of a juvenile who is convicted of ordinance violations 2 times within a 6-month period or 3 or more times within a 12-month period is guilty of failing to properly supervise the juvenile and is subject to a forfeiture of not less than $200 nor more than $400. A parent may be exempt from prosecution under this ordinance if the parent can prove any one of 6 certain defenses.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 106-23.5 of the code is created to read:
106-23.5. Parental Responsibility for Misconduct of Juveniles.
1. PURPOSE. The purpose of this section is to require proper supervision on the part of custodial parents in order to reduce the number of ordinance violations by juveniles from occurring.
2. DEFINITIONS. In this section:
a. “Custodial parent” means a parent or legal guardian of a juvenile who has custody of the juvenile.
b. “Custody” means either physical custody of a juvenile under a court order under s. 767.23 or 767.24, Wis. Stats., custody of a juvenile under a stipulation under s. 767.10, Wis. Stats., or actual physical custody of the juvenile. Custody does not include legal custody, as defined under s. 48.02(12), Wis. Stats., by an agency or a person other than a juvenile's birth or adoptive parent. In determining which parent has custody of a juvenile for purposes of this section, the court shall consider which parent had responsibility for caring for and supervising the juvenile at the times that the juvenile's ordinance violations occurred.
c. “Juvenile” means any person less than 17 years of age.
d. “Parental responsibility” means a custodial parent of a juvenile residing w...
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