[HISTORY: Adopted by the Common Council of the City of Rice Lake 9-7-2004
by Ord. No. 04-7. Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 177.
A.
Court authority to impose alternative dispositions and
sanctions.
(1)
For a juvenile adjudged to have violated an ordinance,
a court is authorized to impose any of the dispositions lists in W.S.A. ss.
938.343 and 938.344, in accordance with the provisions of those statutes.
(2)
For a juvenile adjudged to have violated an ordinance
who violates a condition of a dispositional order of the court under W.S.A.
s. 938.343 or 938.344, the Municipal Court is authorized to impose any of
the sanctions listed in W.S.A. s. 938.355(6)(d), in accordance with the provisions
of those statutes.
B.
This section is enacted under the authority of W.S.A.
s. 938.17(2)(cm).
As authorized in W.S.A. s. 118.163, this chapter is enacted to prohibit
truancy and habitual truancy and to authorize the court to suspend operating
privileges of school dropouts.
A.
Truancy.
(1)
It shall be unlawful for any person under the age of
18 to be a truant.
(2)
"Truant" means a pupil who is absent from school for
part or all of any day on which school is held during the semester without
an acceptable excuse under W.S.A. ss. §§ 118.15 and 118.16(4).
(3)
If a person is found to have been a truant, the court
may impose any or all of the dispositions described in W.S.A. s. 118.163(1m).
B.
Habitual truancy.
(1)
It shall be unlawful for any person under the age of
18 to be a habitual truant.
(2)
"Habitual truant" is defined in W.S.A. s. 118.16(1)(a)
as a pupil who is absent from school for part or all of five or more days
on which school is held during a semester without an acceptable excuse under
W.S.A. ss. 118.15 and 118.16(4).
(3)
If a person is found to have been a habitual truant,
the court may impose any or all of the dispositions described in W.S.A. s.
118.163(2).
C.
School dropout.
(1)
The court may suspend the operating privilege [(as defined
in W.S.A. s. 340.01(40)] of any person who is a school dropout, and who is
at least 16 years of age but less that 18 years of age, until the person reaches
the age of 18.
(2)
"Dropout" is defined in W.S.A. s. 118.153(1)(b) as a
child who has ceased to attend school, does not attend public or private school,
technical college 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 W.S.A. s. 118.15(1)(b) to (d) or (3).
(3)
If a person is found to be a school dropout and if the
court elects to suspend the person's operating privilege, 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.
D.
Contributing to truancy.
(1)
Any person who is 18 years of age or older is prohibited
from knowingly contributing to the truancy of a child by any act or omission.
An act or omission contributes to the truancy of a child if the natural and
probable consequences of that act or omission would be to cause the child
to be truant. A parent or guardian of a child who is truant is subject to
this section.
E.
The Wisconsin Statutes identified in this section are
incorporated by reference, and any future amendments, revisions or modifications
to these statutes are intended to be made a part of this Code.
A.
It shall be unlawful for any person 17 years of age or
under to be on foot or a bicycle or in any type of vehicle on any public street,
avenue, highway, road, alley, park. school grounds. swimming beach, cemetery.
playground, public building or any other public place in the City of Rice
Lake between the hours of 11:00 p.m. and 6:00 a.m. unless accompanied by his
or her parent or guardian or person having lawful custody and control of his
or her person or unless there exists a reasonable necessity therefor The fact
that said child, unaccompanied by a parent, guardian or other person having
legal custody, is found upon any such public place during the aforementioned
hours shall be prima facie evidence that said child is there unlawfully and
that no reasonable excuse exists therefor.
B.
Exceptions.
(1)
This section shall not apply to a child:
(a)
Who is performing an errand as directed by his parent,
guardian or person having lawful custody.
(b)
Who is on his own premises or in the areas immediately
adjacent thereto.
(c)
Whose employment makes it necessary to be upon the streets,
alleys or public places or in any motor vehicle during such hours.
(d)
Who is returning home from a supervised school, church
or civic function.
(2)
These exceptions shall not, however, permit a child to
unnecessarily loiter about the streets, alleys or public places or be in a
parked motor vehicle on the public streets.
C.
It shall be unlawful for any parent, guardian or other person having the lawful care, custody and control of any person under the age of 17 years to allow or permit such person to violate the provisions of Subsections A and II above. The fact that prior to the present offense a parent, guardian or custodian was informed by any law enforcement officer of a separate violation of this section occurring within 30 days of the present offense shall be prima facie evidence that such parent, guardian or custodian allowed or permitted the present violation. Any parent, guardian, or custodian herein who shall have made a missing person notification to the Police Department shall not be considered to have allowed or permitted any person under the age of 17 years to violate this section.
D.
It shall be unlawful for any person, firm or organization
operating or in charge of any place of amusement, entertainment or refreshment
or other place of business to permit any minor under the age of 17 to loiter,
loaf or idle in such place during the hours prohibited by this section. Whenever
the owner or person in charge or in control of any place of amusement, entertainment
or refreshment or other place of business during the hours prohibited by this
section shall find persons under the age of 17 years loitering, loafing or
idling in such place of business, he shall immediately order such person to
leave, and if such person refuses to leave said place of business, the operator
shall immediately notify the Police Department and inform it of the violation.
E.
Every law enforcement officer is hereby authorized to
detain any minor violating the provisions above until such time as the parent,
guardian or person having legal custody of the minor shall be immediately
notified, and the person so notified shall as soon as reasonably possible
thereafter report to the Police Department for the purpose of taking the custody
of the minor and shall sign a release for him or her. If no response is received,
the police shall take whatever action is deemed necessary in the best interest
of the minor.
F.
The first time a minor is detained by a law enforcement officer of the City of Rice Lake, as provided in Subsection E. such minor and the parent. guardian or person having legal custody of such minor shall be advised, personally if known or by registered mail, as to the provisions of this section and further advised that any violation of this section occurring thereafter by the minor or any other minor under his or her care or custody shall result in a penalty being imposed as hereinafter provided.
G.
General penalty.
(1)
Any parent, guardian or person having legal custody of a child described in Subsections A and E who has been warned in the manner provided in Subsection F and who thereafter violates any of the provisions of this section shall be subject to a penalty as provided in Chapter 1, General Provisions, § 1-20. After a second violation within a six-month period, if the defendant. in a prosecution under this section, proves that he or she is unable to comply with this section because of the disobedience of the child, the action shall be dismissed and the child shall be referred to the court assigned to exercise jurisdiction under W.S.A. ch. 48.
For regulations pertaining to minors and obscenity, refer to § 177-29 of this Code.
