§ 66-33. Parental responsibility for juvenile misconduct.

(a)

Purpose . The purpose of this section is to reduce the incidents of misconduct by juveniles by requiring proper supervision of juveniles on the part of custodial parents.

(b)

Definitions . The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

(1)

Child means a person under the age of 18 years.

(2)

Custodial parent means a parent or legal guardian or a minor child who has custody of said child.

(3)

Custody means any of the following:

a.

Physical custody of a minor child as ordered by a court under Wis. Stats. § 767.23, or

b.

Custody of a child by stipulation under Wis. Stats. § 767.24, or

c.

Actual physical custody of the child.

Custody does not include legal custody, as defined under Wis. Stats. § 48.02(12), by an agency or a person other than a child's birth or adoptive parent. In determining which parent has custody of a child for purposes of this section, the court shall consider which parent had responsibility for caring for and supervising the child at the time that the child's ordinance violation(s) occurred.

(c)

Prohibited conduct . Every custodial parent has a duty to properly supervise his or her child. Any custodial parent whose child is convicted of violations of the Village of Hartland Municipal Code or state law, which violations occur twice in a six-month period or three or more times within a 12-month period, is guilty of failing to properly supervise said child.

(d)

Defenses .

(1)

The following shall be a defense to a violation of subsection (c):

a.

The custodial parent has made all reasonable and available efforts under the circumstances to prevent juvenile misconduct;

b.

The custodial parent is not legally responsible for the supervision of the minor child at the time the misconduct occurred;

c.

The custodial parent has a physical or mental disability or incompetency rendering him or her incapable of supervising the juvenile at the time the misconduct occurred;

d.

The custodial parent reported the act constituting misconduct to the appropriate authorities.

(2)

It is not a defense where the parent assigns their parental responsibility to another, except pursuant to legal proceedings that result in a court order effectuating the same.

(3)

The custodial parent has the burden of proving any defense by clear and convincing evidence.

(Ord. No. 735-06, § 1, 11-13-2006)