[HISTORY: Adopted by the Common Council of
the City of Burlington 1-5-1988 by Ord. No. 1203(25) as §§ 9.23,
9.35, 9.37 and 9.40 of the 1988 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Amusements and special events — See Ch. 100.
Bicycles — See Ch. 110.
Cigarettes and tobacco products — See Ch. 128.
Drugs and drug paraphernalia — See Ch. 135.
Graffiti — See Ch. 170.
Intoxicating liquor and fermented malt beverages — See Ch. 187.
Loitering — See Ch. 204.
Peace and good order — See Ch. 238.
A.
Minors restricted. No person under 18 years shall
loiter, idle, wander, play or otherwise be on the City streets, alleys,
highways, roads, sidewalks, parks, playgrounds, public grounds or
vacant lots either on foot or in or on a vehicle between 10:30 p.m.
and 5:00 a.m., Sunday through Thursday, and between 12:00 midnight
and 5:00 a.m. on Friday and Saturday and the day preceding legal holidays,
unless such minor is accompanied by either of his parents or his guardian
or other person having the legal custody of such minor.
B.
Exceptions. This section shall not apply to a minor
using the shortest and most direct route, upon satisfactory proof
thereof:
[Amended 11-18-2003 by Ord. No. 1740(20); 8-19-2008 by Ord. No. 1868(10)]
(1)
Performing an errand as directed by his parent, guardian
or other person having lawful custody.
(2)
Who is on his or her own premises.
(3)
Whose employment makes it necessary to be upon the
streets, alleys or public places or any motor vehicle after such hour.
(4)
Returning home from a supervised school, church or
civic function.
(5)
Who is participating in, going to or returning from:
(a)
An emergency involving the protection of a person
or property from an imminent threat of serious bodily injury or substantial
damage;
(b)
An activity conducted by a nonprofit or governmental
entity that provides recreation, education, training, or other care
under the supervision of one or more adults; or
(c)
An activity involving the exercise of the child's
rights protected under the First Amendment to the United States Constitution
or Article I of the Constitution of the State of Wisconsin, or both,
such as freedom of speech or the right of assembly.
C.
Responsibility of parent. No parent, guardian or other person having legal custody of any minor person under the age of 18 years shall knowingly permit such minor to loiter, idle, wander, play or otherwise be either on foot or in or on a vehicle of any nature upon the streets, alleys, highways, roads, sidewalks, parks, playgrounds, public grounds or vacant lots between the hours and days specified in Subsection A unless accompanied by a parent, guardian or other adult person having the legal custody of such minor, unless such minor is returning home from functions authorized by schools, churches or otherwise recognized civic organizations or going to or returning home from work as specified in Subsection B. Any parent, guardian or other person having legal custody of any such minor child who shall violate the provisions of this section shall be subject to a penalty as provided in Chapter 1, § 1-4, of this Municipal Code.
[Added 10-2-1990 by Ord. No. 1314(20); amended 4-7-1993 by Ord. No. 1420(32); 6-6-2000 by Ord. No. 1625(29); 11-18-2003 by Ord. No.
1740(20); 8-19-2008 by Ord. No. 1868(10); 9-19-2023 by Ord. No. 2100(6)]
A.
CONTRIBUTING TO TRUANCY
DROPOUT
HABITUAL TRUANT
OPERATING PRIVILEGE
TRUANT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any person 18 years or older who, by any act or omission,
knowingly encourages or contributes to the truancy, as defined under
§ 118.16(1)(c), Wis. Stats., of a child. An act or omission
contributes to the truancy of a child, whether or not the child is
adjudged to be in need of protection or services, if the natural consequences
of that act or omission would be to cause the child to be truant.
A child who has ceased to attend school, continues to reside
in the school district, does not attend a public, private or vocational,
technical and adult education district school or home-based private
educational program on a full-time basis, has not graduated from high
school and does not have an acceptable excuse under § 118.15(1)(b)
to (d) or (3), Wis. Stats.
A pupil who is absent from school without an acceptable excuse
under §§ 118.15 and 118.16(4), Wis. Stats., for part
or all of five or more days on which school is held during the school
semester.
Has the meaning given in § 340.01(40), Wis. Stats.
A pupil who is absent from school without an acceptable excuse
under §§ 118.15 and 118.16(4), Wis. Stats., for part
or all of any day on which school is held during a semester.
B.
Prohibitions.
(1)
No person under the age of 18 years shall be a truant.
(2)
No person under the age of 18 years shall be an habitual truant.
(3)
No person 18 years of age or older shall, by any act or omission,
knowingly encourage or contribute to the truancy, as defined under
§ 118.16(1)(c), Wis. Stats., of a student, except that this
prohibition does not apply to a person who has under his or her control
a child who has been sanctioned under § 49.26(1)(h), Wis.
Stats. An act or omission contributes to the truancy of a child, whether
or not the child is adjudged to be in need of protection or services,
if the natural and probable consequences of that act or omission would
be to cause the child to be truant. A party is guilty of a violation
of this section if an act or omission by the party either inside or
outside of the City encourages or contributes to a child being truant
in the City.
C.
Penalties.
(1)
If a person is found to be a truant the court may order one or more
of the following dispositions:
(2)
If a person is found to be an habitual truant the court may order
one or more of the following dispositions:
(a)
The suspension of the person's operating privilege for
not less than 30 days nor more than one year. 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.
(b)
An order for the person to participate in counseling or a supervised
work program or other community service work as described in § 938.34(5g),
Wis. Stats. The costs of any such counseling, supervised work program
or other community service work may be assessed against the person,
the parent or guardian of the person, or both. Any county department
of human services or social services, community agency, public agency
or nonprofit charitable organization administering a supervised work
program or other community service work in which the person is assigned
pursuant to an order of this subsection acting in good faith has immunity
from any civil liability in excess of $25,000 for any act or omission
by or impacting on that person.
(c)
An order for the person to remain at home except during hours
in which the person 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 person to leave his or
her home if the person is accompanied by a parent or guardian.
(d)
An order for the Department of Workforce Development to revoke,
under § 103.72, Wis. Stats., a permit under § 103.70,
Wis. Stats., authorizing the employment of the person.
(e)
An order for the person to attend school.
(f)
A forfeiture in the amount set forth in § 938.342(1g)(h),
Wis. Stats., subject to § 938.37, Wis. Stats. All or part
of the forfeiture plus costs may be assessed against the person, the
parent or guardian of the person, or both.
(g)
Any other reasonable conditions consistent with this section,
including a curfew, restrictions as to going to or remaining on specified
premises and restrictions on associating with other children or adults.
(h)
An order for the person's parent, guardian or legal custodian
to participate in counseling at the parent's, guardian's
or legal custodian's own expense or to attend school with the
person, or both.
D.
Dropouts. The court may, in its discretion, suspend the license of
anyone who is at least 16 years of age but less than 18 years of age
and a school dropout. The license may be suspended until the person
reaches the age of 18. 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. The court may order the school district to provide
to the court a list of all persons known to the school district to
be dropouts and who reside within the City of Burlington. Upon request,
the Department of Transportation shall advise the court to determine
which dropouts have operating privileges.
E.
Conditions of prosecutions. Except as provided in § 118.16(5m),
Wis. Stats., before any proceeding may be brought against a child
under this section for habitual truancy, the school attendance officers
shall provide evidence that appropriate school personnel and the school
or school district in which the child is enrolled have, within the
school year during which the truancy occurred, done all of the following:
(1)
Met with the child's parent or guardian to discuss the child's
truancy or attempted to meet with the child's parent or guardian
and received no response or were refused.
(2)
Provided an opportunity for educational counseling to the child to
determine whether a change in the child's curriculum would resolve
the child's truancy and have considered curriculum modifications.
(3)
Evaluated the child to determine whether learning problems may be
a cause of the child's truancy and, if so, have taken steps to
overcome the learning problems, except that the child may not be evaluated
if tests administered to the child within the previous year indicate
that the child is performing at his or her grade level.
(4)
Conducted an evaluation to determine whether social problems may
be a cause of the child's truancy and, if so, have taken appropriate
action and made appropriate referrals.
[Added 2-4-1997 by Ord. No. 1549(23); amended 9-7-1999 by Ord. No. 1605(9); 8-19-2008 by Ord. No. 1868(10)]
The following Juvenile Justice Code sections
and Criminal Code sections are herewith adopted:
A.
Section 254.92, Wis. Stats., Purchase or possession of cigarettes or tobacco products by person under 18 prohibited. (See Chapter 128, Cigarettes and Tobacco Products.)
B.
Section 938.342, Wis. Stats., Disposition; truancy
and school dropout ordinance violations.
C.
Section 938.343, Wis. Stats., Disposition of juvenile
adjudged to have violated a civil law or ordinance.
G.
Section 961.573(2), Wis. Stats., Possession of drug paraphernalia (by a person under 17 years of age). (See Chapter 135, Drugs and Drug Paraphernalia.)
