[HISTORY: Adopted by the Common Council of the City of Markesan
by Ord. No. 183 (Ch. 9, Sec. 9.20, of the 1991 Municipal Code). Amendments noted
where applicable.]
As used in this chapter, the following definitions shall apply:
The meaning given in § 118.153(1)(b), 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 a school
semester.
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 school semester.
A.
No person within the City limits who is under 18 years of age may
be truant from school.
B.
The following dispositions shall be available to the court upon a finding of a violation of Subsection A above:
(1)
An order for the person to attend school.
(2)
A forfeiture of not more than $50 plus costs for a first violation
or a forfeiture of not more than $100 plus costs for any second or
subsequent violation committed within 12 months of a previous violation,
subject to § 938.37, Wis. Stats., and subject to a maximum
cumulative forfeiture amount of not more than $500 for all violations
committed during a school semester. All or part of the forfeiture
plus costs may be assessed against the person or the parents or guardian
of the person, or both. However, a parent or guardian shall not be
assessed if the violating child has been sanctioned under § 49.26(1)(h),
Wis. Stats., or if the parent proves that he is unable to comply because
of disobedience of the child.
C.
A person who is under 17 years of age on the date of disposition
is subject to § 938.342, Wis. Stats.
A.
No person within the City limits who is under 18 years of age may
be habitually truant from school.
B.
The following dispositions shall be available to the court upon a finding of a violation of Subsection A above:
(1)
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.
(2)
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 cost of any such counseling, supervised work program
or other community service work may be assessed against the person
or the parent or guardian of the person, or both. However, a parent
or guardian shall not be assessed if the violating child has been
sanctioned under § 49.26(1)(h), Wis. Stats., or if the parent
proves that he is unable to comply because of disobedience of the
child.
(3)
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 home
if the person is accompanied by a parent or guardian.
(4)
An order for the person to attend an educational program as described
in § 938.34(7d), Wis. Stats.
(5)
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.
(6)
An order for the person to be placed in a teen court program as described
in § 938.342(1g)(f), Wis. Stats.
(7)
An order for the person to attend school.
(8)
A forfeiture of not more than $500 plus costs, subject to § 938.37,
Wis. Stats. All or part of the forfeiture plus costs may be assessed
against the person or the parent or guardian of the person, or both.
However, a parent or guardian shall not be assessed if the violating
child has been sanctioned under § 49.26(1)(h), Wis. Stats.,
or if the parent proves that he is unable to comply because of disobedience
of the child.
(9)
Any other reasonable conditions consistent with this subsection,
including a curfew, restrictions as to going to or remaining on specific
premises, and restrictions on associating with other children or adults.
(10)
An order placing the person under formal or informal supervision,
as described in § 938.34(2), Wis. Stats., for up to one
year.
(11)
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 attend school with the person,
or both.
C.
A person who is under 17 years of age on the date of disposition
is subject to § 938.342, Wis. Stats.
A.
Except as provided in Subsection B below, any person 17 years of age or older who, by an act or omission, knowingly encourages or contributes to the truancy, as defined under § 118.16(1)(c), Wis. Stats., of a child shall be subject to penalties as described in § 1-3 of the Code of the City of Markesan.
[Amended 4-14-2015 by Ord. No. 233]
B.
Subsection A above does not apply to a person who has under his control a child who has been sanctioned under § 49.26(1)(h), Wis. Stats.
C.
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 a truant.
A.
Unless the child is excepted or excused under § 118.15,
Wis. Stats., or has graduated from high school, any person having
under his control a child who is between the ages of six and 18 years
shall cause the child to attend school regularly during the full period
of hours, religious holidays excepted, that the public or private
school in which the child should be enrolled is in session until the
end of the school term, quarter or semester of the school year in
which the child becomes 18 years of age.
A.
No person within the City limits under 18 years of age may drop out
of school.
B.
The following dispositions shall be available to the court upon a finding of a violation of Subsection A above:
(1)
Except as provided in Subsection B(2) below, the court may suspend the operating privilege of a person who is at least 16 years of age, but not less than 18 years of age 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.
(2)
The court may enter an order making any of the dispositions specified
under § 938.342(1g), Wis. Stats., if the court finds that
suspension of the person's operating privilege, as defined in
§ 340.01(40), Wis. Stats., until the person reaches the
age of 18 would cause undue hardship to the person or the person's
family.
C.
A person who is under 17 years of age on the date of disposition
is subject to § 938.342, Wis. Stats.
