[HISTORY: Adopted by the Board of Supervisors of Adams County as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Alcohol beverages — See Ch. 141.
Snowmobiles — See Ch. 302.
Tobacco products and smoking — See Ch. 332.
All-terrain vehicles — See Ch. 347.
[Adopted 6-22-1999 by Ord. No. 20-1999]
For purpose of this article, the following terms shall have the meanings indicated:
ACCEPTABLE EXCUSE
Has the meaning as defined in §§ 118.15 and 118.16(4), Wis. Stats. Any future amendment of said statutory definition is hereby adopted and incorporated herein as if fully set forth, as of the effective date of any such future statutory amendment.
HABITUAL TRUANT
A pupil who is absent from school without an acceptable excuse part or all of five or more days on which school is held during a school semester.
OPERATING PRIVILEGE
Has the meaning as defined in § 340.01(40), Wis. Stats. Any future amendment of said statutory definition is hereby adopted and incorporated herein as if fully set forth, as of the effective date of any such future statutory amendment.
TRUANT
A pupil who is absent from school without an acceptable excuse for part or all of any day on which school is held during a school semester.
The County of Adams by this article does prohibit any person under 18 years of age within its jurisdiction from being truant as that term is defined in this article. The Adams County Sheriff's Office is authorized to issue a citation to any such person found within Adams County who is determined to be truant under the terms of this article, the parents or guardian of such person, or both. Any citation issued shall be returnable in the Circuit Court of Adams County in the same manner as all ordinance citations are returnable.
Upon finding the pupil truant, the Court may impose one or more of the following dispositions as provided in § 118.163(1m), Wis. Stats.:
A. 
An order for the pupil 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 pupil, the parents or guardian of the pupil, or both.
C. 
Any other dispositions provided for in § 118.163(1m), Wis. Stats. Any future amendment(s) of § 118.163(1m), Wis. Stats., is hereby adopted and incorporated herein as if fully set forth, as of the effective date of any such future amendment.
Adams County by this article does prohibit any person under 18 years of age within its jurisdiction from being a habitual truant as that term is defined in this article. The Adams County Sheriff's Office is authorized to issue a citation to any such person found within Adams County who is determined to be habitually truant under the terms of this article, the parents or guardian of such person, or both.
A. 
Prior to this issuance of any citation, the law enforcement personnel shall determine whether the school officials have done the following:
(1) 
Met with the pupil's parent or guardian to discuss the pupil's truancy or attempted to meet with the pupil's parent or guardian and received no response or were refused. This requirement does not apply if a meeting under § 118.16(2)(cg)3, Wis. Stats., is not held within 10 school days after the date notice under § 118.16(2)(cg), Wis. Stats., was sent.
(2) 
Provided an opportunity for educational counseling to the pupil to determine whether a change in the pupil's curriculum would resolve the pupil's truancy and considered curriculum modifications. This requirement does not apply if school personnel were unable to carry out the activity due to the pupil's absences from school.
(3) 
Evaluated the pupil to determine whether learning problems are a cause of the truancy and, if so, taken steps to overcome the learning problems, except that the pupil need not be evaluated if tests administered to the pupil within the previous year indicate that the pupil is performing at his or her grade level. This requirement does not apply if school personnel were unable to carry out the activity due to the pupil's absences from school.
(4) 
Conducted an evaluation to determine whether social problems are a cause of the pupil's truancy and, if so, taken appropriate action or made appropriate referrals. This requirement does not apply if school personnel were unable to carry out the activity due to the pupil's absences from school.
B. 
Any citation issued shall be returnable in the Circuit Court of Adams County in the same manner as all ordinance citations are returnable. The citation is to state on its face that this is a "must appear" citation.
Upon finding the pupil habitually truant, the Court may impose one or more of the following dispositions:
A. 
Suspension of the pupil's operating privileges 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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
An order for the pupil to participate in counseling or a supervised work program or other community service work as described in § 938.34(5g), Wis. Stats. All or part of the costs of any such counseling, supervised work program or other community service work may be assessed against the pupil, the parents or guardian of the pupil, or both.
C. 
An order for the pupil 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 pupil to leave his or her home if the pupil is accompanied by a parent or guardian.
D. 
An order for the pupil 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 pupil.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
F. 
An order for the pupil to attend school.
G. 
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 pupil, the parent or guardian of the pupil, or both.
H. 
Any other reasonable conditions consistent with § 118.163(2), Wis. Stats., including a curfew, restrictions as to going to or remaining on specified premises and restrictions on associating with other children or adults.
I. 
An order for the pupil's parent(s), 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 pupil, or both.
J. 
An order for the pupil to be placed in a teen court program as described in § 938.342(1g)(f), Wis. Stats.
K. 
An order placing the pupil under formal or informal supervision as described in § 938.34(2), Wis. Stats., for up to one year.
L. 
Any other disposition authorized under § 118.163(2), Wis. Stats., or future amendment(s) of said statute. Any disposition authorized by such future statutory amendment(s) is hereby adopted and incorporated herein as if fully set forth, as of the effective date of any such future amendment(s) of said statute.