[HISTORY: Adopted by the Village Board of the Village of
Mishicot 2-15-2011 (Secs. 7.07,
7.09 to 7.12 and 7.15 of the former Municipal Code). Amendments noted
where applicable.]
A.
Minors loitering prohibited after certain hours. It shall be unlawful
for any person under the age of 18 to be present on any street or
public place in the Village of Mishicot between the hours of 11:00
p.m. and 6:00 a.m. Sunday through Thursday and 12:00 midnight and
6:00 a.m. Friday and Saturday, unless the minor is accompanied by
a parent or guardian or other adult person having legal custody of
the minor.
B.
Exceptions.
(1)
This section shall not apply to a minor:
(a)
On his or her own premises.
(b)
In which his or her employment requires the minor to be on a
street or in a public place including to and from work.
(c)
Who is returning home from a supervised school, church or civic
function taking the most direct and expeditious route home.
(d)
In the event of an emergency which would require the underage
person to violate curfew.
(2)
These exceptions shall not allow a minor to unnecessarily loiter
about the streets or public places or to be parked in a motor vehicle.
C.
Duty of parent, guardian, or custodian.
(1)
It shall be unlawful for any parent, guardian, or other person having
the lawful care, custody, and control of any minor to permit the minor
to remain upon any street or public place during curfew.
(2)
Any parent, guardian, or other person having the lawful care of a
minor who has made a missing person notification that is current to
a police agency shall not be considered to have allowed or permitted
the minor to violate curfew.
D.
Police authority.
(1)
Every law enforcement officer is authorized to detain any minor violating
curfew until the minor can be turned over to the parent, guardian,
or legal custodian. If that party cannot be contacted, the officer
shall take whatever action is necessary in the best interest of the
minor.
(2)
The parent, guardian, or custodian of the minor shall be notified
of violations.
A.
Prohibition of truancy. A child is prohibited from being a truant.
B.
ACCEPTABLE EXCUSE
TRUANT
Definitions. For purposes of this section, the following terms shall
have the meanings indicated:
An acceptable excuse as defined in §§ 118.15
and 118.16(4), Wis. Stats.
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.
C.
Penalty. Upon finding that a child is truant, the court shall enter
an order making one or more of the following dispositions:
(1)
Order the person to attend school.
(2)
Impose 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
accumulative 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.
A.
Prohibition of habitual truancy. A child is prohibited from being
an habitual truant.
B.
ACCEPTABLE EXCUSE
HABITUAL TRUANT
Definitions. For the purpose of this section, the following terms
shall have the meanings indicated:
An acceptable excuse as defined in §§ 118.15
and 118.16(4), Wis. Stats.
A pupil who is absent from school without an acceptable excuse
for part or all of five or more days on which school is held during
a school semester.
C.
Penalty. Upon finding that a child is an habitual truant, the court
shall enter an order making one or more of the following dispositions:
(1)
Suspend the child'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 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 12-21-2021 by Ord. No. 12-21-2021]
(2)
Order 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 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.
(3)
Order the child to remain at home except during hours in which the
child 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.
(4)
Order the person to attend an educational program as described in
§ 938.34(7d), Wis. Stats.
(5)
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.
(6)
Order the person to be placed in a teen court program as described
in § 938.342(1g)(f), Wis. Stats.
(7)
Order the person to attend school.
(8)
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 any second or
subsequent violation committed within 12 months of a previous violation,
subject to § 938.37, Wis. Stats., and subject to a maximum
accumulative 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.
(9)
Order 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.
(10)
Place the person under formal or informal supervision, as described
in § 938.34(2), Wis. Stats., for up to one year.
(11)
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.
A.
Prohibition of school dropout. A child is prohibited from being a
school dropout.
B.
ACCEPTABLE EXCUSE
DROPOUT
Definitions. For purpose of this section, the following terms shall
have the meanings indicated:
Acceptable excuse as defined in §§ 118.15
and 118.16, Wis. Stats.
A child who has ceased 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 for nonattendance of
school.
C.
Penalty. Upon finding a child is a dropout, the court shall enter
an order suspending the operating privilege of a person who is at
least 16 years of age but less than 18 years of age. The court may
suspend the person's operating privilege until the person reaches
the age of 18. 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 12-21-2021 by Ord. No. 12-21-2021]
A.
Subsequent dispositional orders. After holding a hearing, the Circuit
Court may impose sanctions on juveniles who violate their dispositional
order related to truancy, habitual truancy or dropping out of school
regardless of whether the particular sanction was imposed as a disposition
in the order violated by the juvenile, provided that:
(1)
At the juvenile's dispositional hearing, the Court explained the
conditions of the dispositional order to the juvenile and informed
the juvenile of the possible sanctions that could be imposed for a
violation of those conditions; or
(2)
Before the subsequent violation, the juvenile has acknowledged in
writing that he or she has read or had read to him or her those conditions
and possible sanctions and he or she understands the conditions and
possible sanctions.
B.
Subsequent dispositional order for truancy. If the Court finds a
subsequent violation of a condition of a truancy dispositional order,
the Court may order as a sanction any combination of the following:
(1)
Suspension of the child's operating privilege, as defined in § 340.01(40),
Wis. Stats., for not more than one year. If the juvenile does not
hold a valid driver's license, other than an instruction permit or
a restricted license, the Court may order the suspension to begin
on the date the license would otherwise be reinstated or issued or
two years after the date of the order, whichever occurs first.
(2)
Order 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 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.
(3)
Order the child to remain at home except during hours in which the
child 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.
(4)
Order the person to attend an educational program as described in
§ 938.34(7d), Wis. Stats.
(5)
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.
(6)
Order the person to be placed in a teen court program as described
in § 938.342(1g)(f), Wis. Stats.
(7)
Order the person to attend school.
(8)
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 parents or guardian of the person, or both.
(9)
Order 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.
(10)
Place the person under formal or informal supervision, as described
in § 938.34(2), Wis. Stats., for up to one year.
(11)
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.
C.
Subsequent dispositional order for habitual truancy. If the Court
finds a subsequent violation of a condition of a habitual truancy
dispositional order, the Court may order as a sanction any combination
of the following:
(1)
Petition the Juvenile Court of Manitowoc County to impose a sanction.
If the Juvenile Court imposes a sanction, the Juvenile Court must
order the Village to pay the county the costs of providing the sanction.
A petition for placement of a juvenile in a secured detention facility
or juvenile portion of a county jail is subject to the adoption of
a resolution by the Manitowoc County Board of Supervisors authorizing
the use of these placements as a sanction.
(2)
Suspend the operating privilege or place a limitation on the operating
privilege, as defined in § 340.01(40), Wis. Stats., or suspend
or place a limitation on any fish or game license for not more than
one year. If the juvenile does not hold a valid driver's license,
other than an instruction permit or a restricted license, the Court
may order the suspension to begin on the date the license would otherwise
be reinstated or issued or two years after the date of the order,
whichever occurs first.
(3)
Order counseling or participation for not more than 25 hours in 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 parents or guardian
of the person, or both.
D.
Subsequent dispositional order for dropouts. If the Court finds a subsequent violation of a condition of a dropout dispositional order, the Court may impose any of the sanctions listed in Subsection D(1) through (4) below. In order to impose the secured detention sanction specified in Subsection D(1) below or home detention with monitoring by electronic monitoring system in Subsection D(3) below, the Court must first petition the Juvenile Court to impose the sanction listed in Subsection D(1) or (3) below. If the Juvenile Court imposes the secured detention sanction or the monitoring by electronic monitoring system sanction, the Juvenile Court shall also order the municipality to pay the county the cost of providing the sanction.
(1)
Placement of the juvenile in a secured detention facility or the
juvenile portion of a county jail that meets the standards promulgated
by the Department of Corrections (DOC) or in a place of non-secured
custody for not more than 10 days and the provision of educational
service consistent with the juvenile's current course of study during
the period of placement. Imposition of the sanction in this subsection
may only be ordered provided the Mishicot Village Board adopts a resolution
authorizing the use of this placement sanction.
(2)
Suspension or limitation on the use of the juvenile's operating privileges
or any fish or game license for a period of not more than three years.
If the juvenile does not hold a valid driver's license, other than
an instruction permit or restricted license, the Court may order the
suspension to begin on the date the license would otherwise be reinstated
or issued or two years after the date of the order, whichever occurs
first.
(3)
Detention at the juvenile's home or current residence for a period
not more than 30 days under rules of supervision specified in the
order. The order may require electronic monitoring.
(4)
Not more than 25 hours of uncompensated participation in a supervised
work program or other community service work.
E.
Contempt sanctions. If a juvenile commits a second or subsequent
violation of a condition imposed in his or her dispositional order,
the Court may impose contempt sanctions upon the juvenile.
A.
Purpose. The purpose of this section is to reduce the incidents of
misconduct by juveniles by requiring proper supervision on the part
of custodial parents.
B.
CHILD
CUSTODIAL PARENT
CUSTODY
Definitions. For purposes of this section, unless otherwise defined,
the following terms shall have the meanings indicated:
A person under the age of 18 years.
A parent or legal guardian of a minor child who has custody
of said child.
Either physical custody of a child under a court order under
§ 767.225 or 767.41, Wis. Stats., custody of a child under
a stipulation under § 767.41, Wis. Stats., or actual physical
custody of the child. "Custody" does not include legal custody, as
defined under § 48.02(12), Wis. Stats., by an agency or
a person other than a child's birth or adoptive parent. In determining
which parent has custody of a child for purposes of this section,
the court shall consider which parent had responsibility for caring
for and supervising the child at the time that the child's ordinance
violations occurred.
C.
Prohibited conduct. Every custodial parent has a duty to properly
supervise his or her child. Any custodial parent whose child is convicted
of a Village of Mishicot Municipal Code violation twice in a six-month
period or three or more times within a twelve-month period is guilty
of failing to properly supervise said child. The six- and twelve-month
periods shall be measured from the date of the first violation.
D.
Whoever violates this section is subject to a penalty as set forth in § 1-2 of the Code.
[Amended 3-7-2023 by Ord. No. 2023-04]
E.
Defenses.
(1)
The following shall be defenses to a violation of Subsection C:
(a)
Where the parent has made all reasonable and available efforts
under the circumstances to prevent the juvenile misconduct;
(b)
Where the parent is not legally responsible for the supervision
of the juvenile at the time the misconduct occurred; or
(c)
Where the parent has a physical or mental disability or incompetency
rendering him or her incapable of supervising the juvenile at the
time the misconduct occurred.
(2)
It is not a defense where the parent assigns his or her parental
responsibility to another, except pursuant to legal proceedings which
result in a court order effectuating the same.
(3)
The parent has the burden of proving his or her defense by clear
and satisfactory evidence.
[Added 1-17-2023 by Ord. No. 2023-01]
A.
Except as provided in Subsection B of this section, any person 17 years of age or older who, by an act or omission, knowingly encourages or contributes to the truancy, as defined in 118.16(1)(c), Wis. Stats., of a person 17 years of age or under is guilty of a violation of this section.
B.
Subsection A of this section does not apply to a person who has under their control a child who has been sanctioned under 49.26(1)(h), Wis. Stats.
C.
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.
