It shall be unlawful for any person under the age of 18 to possess
a controlled substance contrary to the Uniform Controlled Substances
Act, Ch. 961, Wis. Stats.
It shall be unlawful for any person under the age of 18, with
intent, to steal or take property from the person or presence of the
owner without the owner's consent and with the intent to deprive
the owner of the use thereof.
It shall be unlawful for a person under the age of 18 to intentionally
receive or conceal property he knows to be stolen.
[Amended 8-3-2009 by Ord. No. 2009-08-01]
A. Definitions. As used in this section, the following terms shall have
the meanings indicated:
DROPOUT
A child who ceased to attend school, does not attend a 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 § 118.15(1)(b)
to (d) or (3), Wis. Stats.
HABITUAL TRUANT
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.
TRUANT
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.
B. Violations.
(1) A person under the age of 18, that has not graduated from high school,
is prohibited from being truant.
(2) A person under the age of 18, that has not graduated from high school,
is prohibited from being habitually truant.
(3) A person under the age of 18, that has not graduated from high school,
is prohibited from being a dropout.
C. Penalties.
(1) The following dispositions are available to the court for violations of Subsection
B(1) above:
(a)
An order for the person to attend school.
(b)
A forfeiture of not more than $50 plus costs for the 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, the parents or guardian
of the person, or both.
(c)
An order for the person to report to a youth report center after
school, in the evening, on weekends, on other nonschool days, or at
any other time that the person is not under immediate adult supervision,
for participation in the social, behavioral, academic, community service,
and other programming of the center as described in § 938.342(1d)(c),
Wis. Stats.
(2) The following dispositions are available for violations of Subsection
B(2) above:
(a)
Suspension of the person's operating privilege for not
less than 30 days nor more than a 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 parents or guardian of the person, or both.
(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 person to attend an educational program as
described in § 938.34(7d), Wis. Stats.
(e)
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.
(f)
An order for the person to be placed in a teen court program
as described in § 938.342(1g)(f), Wis. Stats.
(g)
An order for the person to attend school.
(h)
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, the parents or guardian of the person, or both.
(i)
Any other reasonable conditions consistent with this subsection,
including a curfew, restrictions as to going to or remaining on specified
premises, and restrictions on associating with other children or adults.
(j)
An order placing the person under formal or informal supervision,
as described in § 938.34(2), Wis. Stats., for up to one
year.
(k)
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.
(l)
An order for the person to report to a youth report center after
school, in the evening, on weekends, on other nonschool days, or at
any other time that the person is not under immediate adult supervision,
for participation in the social, behavioral, academic, community service,
and other programming of the center as described in § 938.342(1g)(k),
Wis. Stats.
(3) Violations of Subsection
B(3).
(a)
Violations of Subsection
B(3) by persons at least 16 years of age but less than 18 years of age shall be punished according to one or more of the following: the court may suspend the person's operating privilege 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.
(b)
A court may order a school district to provide to the court
a list of all persons who are known to the school district to be dropouts
and who reside within the municipality in which the municipal court
is located.
D. Contributing to truancy.
(1) Except as provided in Subsection
D(2) below, any person 18 years of age or older who, by an act or omission, knowingly encourages or contributes to the truancy, as defined in Subsection
D(4), of a child shall be subject to a forfeiture pursuant to §
1-4 of this Code.
(2) Subsection
D(1) above 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.
(3) 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.
(4) "Truancy" means any absence for part or all of one or more days from
school during which the school attendance officer, principal or teacher
has not been notified of the legal cause of such absence by the parent
or guardian of the absent pupil, and also means intermittent attendance
carried on for the purpose of defeating the intent of § 118.15,
Wis. Stats.
E. Parent or guardian liability for truancy.
(1) Unless the child is excepted or excused under § 118.15,
Wis. Stats., or has graduated from high school, any person having
under his or her 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.
(2) Penalty.
(a)
A person found to have violated Subsection
E(1) above, after evidence is provided by a school official that the activities under § 118.16(5), Wis. Stats., have been completed, shall be subject to a forfeiture pursuant to §
1-4 of this Code.
(b)
Subsection
E(2)(a) above 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., nor does it apply if the person proves that he or she is unable to comply with Subsection
E(1) because of the disobedience of the child.
[Amended by Ord. No. 2004-08-01; 8-3-2009 by Ord. No. 2009-08-01]
The provisions of § 254.92, Wis. Stats., are hereby
adopted by reference and made a part of this section.
[Amended by Ord. No. 2004-08-01]
The provisions of § 134.66, Wis. Stats., as amended,
are hereby adopted by reference and made a part of this section as
if fully set forth herein.
[Amended by Ord. No. 2004-08-01]
A. Citation process. For violations of §§
331-2 through
331-9, juveniles may be cited by the citation process on a form approved by the Village Attorney which shall contain on the reverse side the penalties that the juvenile may receive simultaneously with issuing the citation to the juvenile. A copy will be mailed to the parent or legal guardian.
B. Penalties.
(1) Violations of §§
331-2 through
331-9 by a person under the age of 18 shall be punishable according to §§ 938.17(2), 938.343, 938.344 and 938.345, Wis. Stats. Nothing in this section shall prevent the juvenile officer, in his or her discretion, from referring cases directly to the District Attorney's office.
(2) Violations of §
331-10 shall be punishable according to § 134.66(4), Wis. Stats.