[HISTORY: Adopted by the Common Council of the City of Port Washington as indicated in article histories. Amendments noted where applicable.]
[Adopted as § 11.06 of the 1984 Code]
A. 
No minor under the age of 17 years shall loiter, idle, wander, stroll, or be either on foot or in a vehicle of any nature in or upon the public streets, highways, roads, alleys, parks, playgrounds, or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots or other unsupervised places in the City of Port Washington between the hours of 11:00 p.m. and 5:00 a.m. of the following day, official City time; provided, however, that the provisions of this section do not apply to a minor accompanied by his or her parent, guardian, or other adult person having the care and custody of the minor, or where the minor is upon an emergency errand or legitimate business directed by his or her parent, guardian, or other adult person having the care and custody of the minor, or pursuing his employment, or returning from an authorized public or parochial school or other organizational function which such function shall have been duly registered with the Police Department by a responsible officer of the school or organization, or to any such minor performing any legitimate function authorized by his parent or other adult having legal custody or control of the minor.
B. 
Each violation of the provisions of this section shall constitute a separate offense.
A. 
Any minor violating the provisions of § 275-1 shall be handled in accordance with the juvenile court laws or procedure.
B. 
Any parent, guardian, or other adult person having the care and custody of a minor violating § 275-2 shall forfeit no less than $10 nor more than $200 and in default of payment thereof shall be imprisoned in the county jail of Ozaukee County until such forfeiture and the costs of prosecution are paid, but not exceeding 30 days.
[Adopted as § 11.11 of the 1984 Code; amended in its entirety 3-17-2015 by Ord. No. 2015-2]
As used in this article, the following terms shall have the meanings indicated:
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.
TRUANCY
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 this article or § 118.15, Wis. Stats.
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.
Upon finding a person to be a truant, the court may impose the following dispositions:
A. 
Order the person to attend school.
B. 
Order a forfeiture of not more than $50 plus costs for a first violation, or a forfeiture of not more than $100 plus costs for a 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.
Upon finding a person to be a habitual truant, the court may impose the following dispositions:
A. 
Suspend the person's operating privilege, as defined in § 340.01(40), Wis. Stats., for not less than 30 days nor more than one year. The court may immediately take possession of the suspended license and, if it does so, shall destroy the license. The court shall forward to the Department of Transportation a notice stating the reason for and duration of the suspension.
B. 
Order the person to participate in counseling or a supervised work program or other community service work. The costs of any such counseling, supervised work program or other community service work may be assessed against the person, the person's parents or guardian, or both.
C. 
Order the person to remain at home except during the hours 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 person may be permitted to leave his or her home if accompanied by a parent or guardian.
D. 
Order the person to attend an educational program as described in § 938.34(7d), Wis. Stats.
E. 
Order 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. 
Order the person to attend school.
G. 
Order 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 person's parents or guardian, or both.
H. 
Order the person placed on formal or informal supervision per § 938.34(2), Wis. Stats., for up to one year.
I. 
Order 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.
J. 
Order any other reasonable conditions consistent with this section, including a curfew, restrictions on going to or remaining on specified premises and restrictions on associating with other children or adults.
A. 
Except as provided in § 118.15(1)(b) to (d) and (g) and (4), Wis. Stats., unless the child is excused under § 118.15(3), Wis. Stats., or has graduated from high school, any person having under control a child 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, private or tribal 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. 
Subsection A does not apply to a person who has under his or her control a child sanctioned under § 49.26(1)(h), Wis. Stats., or to a person found guilty of a misdemeanor under § 948.45, Wis. Stats.
C. 
Penalties. Whoever violates this section may be penalized as follows, if 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.:
(1) 
For a first violation a forfeiture of not less than $50 nor more than $500, or for a second or subsequent violation a forfeiture of not less than $125 nor more than $1,000.
(2) 
The court may order that the person perform community service work for a public agency or a nonprofit charitable organization in lieu of the forfeitures specified under Subsection C(1).
(3) 
The court may order that the person participate in counseling at the person's own expense or that the person attend school with his or her child, or both.
A. 
No person 17 years of age or older shall, by any act or omission, knowingly encourage or contribute to the truancy of a person 17 years of age or under. 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.
B. 
Subsection A does not apply to a person who has under his or her control a child sanctioned under § 49.26(1)(h), Wis. Stats.
C. 
Penalty. Whoever violates this section shall be subject to a forfeiture of not less than $50 nor more than $500.