[HISTORY: Adopted by the Common Council of the City of Hayward as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-12-1988 by Ord. No. 267]
Section 947.16, Wis. Stats.,[1] excepting for the penalty provisions therein, is hereby incorporated by reference and made a part hereof, said section reading as follows:
"947.16 Contributing to Truancy.
(1)
Except as provided in Sub. (2), any person 18 years of age or older who, by any act or omission, knowingly encourages or contributes to the truancy, as defined under § 118.16(1)(c) of the Wisconsin Statutes, shall be deemed to have violated this article.
(2)
Subsection (1) does not apply to a person who has under his or her control a child who has been sanctioned under § 49.50(7)(h) of the Wisconsin Statues.
(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 truant."
[1]
Editor's Note: Such reference is to an outdated version of the Wisconsin Statutes. See now § 948.45, Wis. Stats.
Any person who shall violate one or more of the provisions of this article shall be subject to a forfeiture for each violation of not less than $25; nor more than $50.
The provisions of § 778.25, Wis. Stats., are hereby made a part hereof, and the City of Hayward Police Department is hereby authorized to procure citation forms to conform to the requirements of said statute for administering this article.
[Adopted 11-9-1998 by Ord. No. 373]
A. 
Truancy.
(1) 
No person under 18 years of age may be a truant.
(2) 
If the circuit court determines that a person is truant, the court may order one or more of the following dispositions:
(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 guardian of the person, or both.
B. 
Habitual truancy.
(1) 
No person under 18 years of age may be habitually truant.
(2) 
If the circuit court determines that a person is a habitual truant, the court may order 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 Wisconsin Department of Transportation together with a notice stating the reason for 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 cost 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 child 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 Wisconsin Department of Work Force 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) 
An order placing the person under formal or informal supervision, as described in § 938.34(2), Wis. Stats., for up to one year.
(j) 
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.
(k) 
Any other reasonable conditions consistent with this article, including a curfew, restrictions as to going to or remaining on specified premises and restrictions on associating with other children or adults.
C. 
Dropouts.
(1) 
No person who is at least 16 years of age but is less than 18 years of age may be a dropout.
(2) 
If the circuit court determines that a person is at least 16 years of age but is less than 18 years of age and is a dropout, 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 Wisconsin Department of Transportation together with a notice stating the reason for and the duration of the suspension.
D. 
Adopted terms. As used in this section, the terms "truant," "habitual truant," "operating privilege" and "dropout" have the meanings as provided in § 118.163, Wis. Stats. Those definitions are hereby adopted and incorporated herein as if fully set forth. Any future amendment of any such definition is hereby adopted and is incorporated herein as if fully set forth as of the effective date of such future amendment.
A. 
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 and 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.
B. 
This section does not apply:
(1) 
To a person who has under his or her control a child who has been sanctioned under § 49.26(1)(h), Wis. Stats.
(2) 
To a person who proves that he or she is unable to comply with the requirements of this section because of the disobedience of the child, in which case the action shall be dismissed and the juvenile officer or law enforcement authority shall refer the case to the District Attorney's Office.
(3) 
Unless evidence has been provided by the school attendance officer that the activities under § 118.16(5), Wis. Stats., have been completed or were not required to be completed as provided in § 118.16(5m), Wis. Stats.
C. 
Any person who violates this section is subject to a forfeiture of up to $500.