[HISTORY: Adopted by the Common Council of the City of Lancaster
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 327.
[Adopted 8-15-2005 by Ord. No. 2005-06 as § 11.12
of the 2005 Code; amended 1-21-2008 by Ord. No. 2007-08]
A.
No person under 18 years of age residing within the boundaries of
the City of Lancaster, Grant County, Wisconsin, may be truant from
school.
B.
No person under 18 years of age residing within the boundaries of
the City of Lancaster, Grant County, Wisconsin, may be habitually
truant from school.
C.
No person residing within the boundaries of the City of Lancaster,
Grant County, Wisconsin, who is under the age of 18 years may drop
out of school.
D.
No parent or guardian of a child under 18 years of age residing within
the boundaries of the City of Lancaster shall allow their child or
minor ward to be truant from school.
E.
No parent or guardian of a child under 18 years of age residing within
the boundaries of the City of Lancaster shall allow their child or
minor ward to be habitually truant from school.
[Amended 11-17-2014 by Ord. No. 2014-05]
Any person found violating any of the provisions of § 278-1 of this article may be issued a citation by any law enforcement officer of the City of Lancaster, Grant County, Wisconsin.
A.
Any person convicted of violating § 278-1A of this article which prohibits a person under age 18 years of age from being truant from school can be ordered by the court to attend school and can be ordered to pay 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 by the person 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.
A person convicted of violating § 278-1B which prohibits a person under age 18 years of age from being habitually truant from school can be subject to one or more of the following sanctions:
(1)
Suspension of the person's operating privilege for not less than
30 days nor more than one year. The court may take possession of any
suspended license . If the court takes possession of a license, it
shall destroy the license. The court shall forward to the Department
of Transportation a notice stating the reason for and the duration
of the suspension.
[Amended 11-17-2014 by Ord. No. 2014-05]
(2)
The violator can be ordered by the court to attend school.
(3)
The violator can be ordered to pay a forfeiture of not more than
$500 plus costs, subject to § 938.37, Stats. All or part
of the forfeiture plus costs may be assessed against the violator,
the parents or guardian of the violator, or both.
(4)
The violator may be ordered by the court to remain at home except
during hours in which the violator is attending religious worship
or a school program, including travel time required to get to and
from the school program or a place of worship. The order may permit
the violator to leave his or her home if the violator is accompanied
by a parent or guardian.
(5)
An order can be entered by the court for the Department of Workforce
Development to revoke under § 103.72, Stats., a permit under
§ 103.70, Stats., authorizing employment of the violator.
(6)
An order can be entered by the court setting reasonable conditions
consistent with this article, such as a curfew, restrictions as to
going to or remaining on specified premises and restrictions on associating
with other children or adults.
(7)
An order can be entered for the violator'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 violator
or both.
(8)
An order can be entered requiring the violator to participate in
counseling or a supervised work program or other community service
work as described in § 938.34(5g), Stats. The cost of any
such counseling, a supervised work program or other community service
work may be assessed against the person, the parents or guardian of
the person, or both. Any government or agency administering a supervised
work program or other community service work to which a person is
assigned pursuant to an order under this article acting in good faith
is immune from civil liability in excess of $25,000 for any act or
omission by or impacting on that person pursuant to § 118.163,
Stats.
C.
Dropouts.
(1)
If a court finds that a child has violated § 278-1C of this article which prohibits any person under the age of 18 years from dropping out of school, the court can suspend the operating privilege of a person who is at least 16 years of age but 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 years. The court may take possession of any suspended license . If the court takes possession of a license, it shall destroy the license. The court shall forward to the Department of Transportation a notice stating the reason for and the duration of the suspension. The 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 City. Upon request, the Department of Transportation shall assist the court to determine which dropouts have operating privileges.
[Amended 11-17-2014 by Ord. No. 2014-05]
(2)
The court may also order a child who is under 17 years of age and who is a dropout in violation of this article to be subject to one or more of the dispositions specified under Subsection B(1) through (6) and (8) of this section if the court finds that suspension of the person's operating privilege as defined in § 340.01(40), Stats., until the person reaches the age of 18 years would cause an undue hardship to the person or the person's family.
This article may be enforced in the City of Lancaster, Grant
County, Wisconsin.
The City Attorney's office is authorized to handle any citation
action filed for violation of this article.
As used in this article, the following terms shall have the
meanings indicated:
Ceasing 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.
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.
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.[1]
[1]
Editor's Note: Original § 11.12(7), Cash deposits,
costs, and assessments, which immediately followed this section, was
repealed 11-17-2014 by Ord. No. 2014-05.
In the event that the State of Wisconsin makes any subsequent
changes in the truancy statutes regarding the definitions and prohibitions
applicable to the truancy law after passage of this article, said
changes in the Wisconsin Statutes applicable to the truancy law regarding
the definitions and prohibitions applicable to the truancy law are
hereby automatically incorporated into this article without further
action by the Council for the City of Lancaster.
[Adopted 8-15-2005 by Ord. No. 2005-06 as § 9.18
of the 2005 Code]
If a child is a chronic runaway as defined in § 278-9 below, the child may be required to forfeit not less than $5 nor more $50 for each incident.
As used in this article, the following terms shall have the
meanings indicated:
A child under the age of 17 who absconds from parental or
custodial supervision after having been previously warned on a prior
incident for being a runaway.
