[HISTORY: Adopted by the Village Board of the Village of
Blanchardville as Secs. 9.21, 9.211 and 9.30 of the 2003 Municipal
Code. Amendments noted where applicable.]
GENERAL REFERENCES
Curfew — See Ch. 164.
A.
Purchase or possession of cigarettes or tobacco products by persons
under 18 prohibited. Section 254.92, Wis. Stats., is hereby adopted
by reference, exclusive of any provisions therein relating to penalties
to be imposed and exclusive of any regulations for which the statutory
penalty is a fine or term of imprisonment, as if fully set forth herein.
Any future amendments, revisions, or modifications of § 254.92,
Wis. Stats., are intended to be part of this chapter.
[Amended 11-10-2003 by Ord. No. 2003-05]
B.
No person under the age of 21 shall possess intoxicating liquor,
or shall possess fermented malt beverages except and unless accompanied
by a parent or guardian or spouse of legal drinking age.
A.
HABITUAL TRUANT
TRUANCY
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
A pupil who is absent from school without an acceptable excuse
under §§ 118.16(4) and 118.15, Wis. Stats., for part
or all of five or more days on which school is held during a school
semester.
Any absence of 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.
B.
Prohibitions.
(1)
No person under the age of 18 years of age, who is a resident of
Village or who attends a public school situated in Village, shall
be a truant.
(2)
No person under the age of 18 years of age, who is a resident of
Village or who attends a public school situated in Village, shall
be a habitual truant.
C.
Contributing to truancy.
(1)
Any person having under 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 in hours, religious holidays accepted, 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, except
as provided under the provisions of §§ 118.15(1)(b)
to (d) and 118.15(4), Wis. Stats.
(2)
Except as provided in Subsection C(2)(a), below, no person 17 years of age or older who, by any act or omission, knowingly encourages or contributes to truancy, as defined in Subsection A above, of a person under age 18.
(a)
This subsection 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.
(b)
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.
D.
Truancy dispositions.
(1)
Truant. An individual who is a truant under Subsection A above shall be subject to one or more of the following penalties:
(a)
An order for the person to attend school.
(b)
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, the parents or the
guardian of the person, or both.
(2)
Habitual truant. Any person found to be a habitual truant under Subsection A above shall be subject to one or more of the following dispositions:
(a)
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(5)(g),
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. 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 to which a person is assigned
pursuant to an order under this subsection acting in good faith has
immunity from any civil liability in access 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 person to attend an educational program as
described in § 938.34(7)(d), 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(lg)(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 but not limited to 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.
(3)
If a person is at least 16 years of age but less than 18 years of
age and is adjudicated a dropout, the judge may suspend the person's
operating privileges 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.
Any person who shall violate any provision of this chapter shall be subject to a penalty as provided in § 1-4 of this Code.
