[HISTORY: Adopted by the City Council of the City of Lake
Mills as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-15-2009 by Ord. No. 1054 as Sec. 5-1-8 of the 2009 Code of
Ordinances]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No person under the age of 18 years shall be at large upon the
streets and roads or elsewhere within the City between the hours of
10:30 p.m. and 6:00 a.m. of the next day on Sunday, Monday, Tuesday,
Wednesday or Thursday and between 12:00 midnight and 6:00 a.m. on
Friday or Saturday, except that such person may lawfully be so at
large if he or she is:
A.
Upon the premises appertaining to his or her home;
B.
At a private residence with permission of an adult in control of
the premises and with permission granted by his or her parent or guardian;
C.
In direct route to or from his or her place of employment, or in
direct route to or from a school-or church-sponsored activity or event
which is supervised by an adult; or
D.
Accompanied by his or her parent or legal guardian.
It shall be the duty of the proprietors of any public places
or their agents to remove any such minor from the premises of such
public places who are in violation of this article.
It shall be unlawful for any parent or guardian of any child
under the age of 18 years to allow his or her child or ward to violate
this article.
[Adopted 9-2-2003 by Ord.
No. 918 (Sec. 5-1-10 of the 2009 Code of Ordinances)]
Pursuant to § 118.163, Wis. Stats., the City of Lake
Mills hereby prohibits truancy, habitual truancy and contributing
to truancy.
As used in this article, the following terms shall have the
meanings indicated:
Has the meaning given that term in §§ 118.15,
118.16(4), Wis. Stats., which are incorporated herein by reference,
along with any amendments.
A pupil subject to compulsory school attendance laws who
is absent without an acceptable excuse for part or all of five or
more days on which school is held during a school semester, as provided
in § 118.16(1)(a), Wis. Stats., which is incorporated herein
by reference, along with any amendments.
Has the meaning given in § 340.01(40), Wis. Stats.
As defined in § 118.16(1)(b), Wis. Stats., along
with any amendments, and which states that such officer is a school
district employee designated by the school board to deal with matters
relating to school attendance and truancy.
A pupil subject to compulsory school attendance laws 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, as provided
in § 118.163(1)(d), Wis. Stats.
No pupil subject to school attendance laws shall be truant.
No pupil subject to school attendance laws shall be habitually
truant.
No person 17 years of age or older shall by any act or omission,
knowingly encourage or contribute to the truancy, as defined in § 118.16(1)(c),
Wis. Stats., 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. This prohibition does not apply to a person who
has under his or her control a child who has been sanctioned under § 49.26(1)(h),
Wis. Stats., Learnfare under the Wisconsin Works Program.
[Amended 10-19-2004 by Ord. No. 940]
A.
Upon receipt of evidence from the school attendance officer that
appropriate school personnel have performed all duties required under
§ 118.16(5), Wis. Stats., an action may be commenced in
Municipal Court by any law enforcement officer, and upon a finding
of guilt the Municipal Court may issue any of the following orders:
(1)
An order for the child to attend school.
(2)
An order for the child to be placed in a teen court program as described
in § 938.342, Wis. Stats.
(3)
An order for 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 and from the school program or place
of worship. The order may permit the child to leave his or her home
if the child is accompanied by a parent or guardian.
(4)
An order for the child to attend an educational program as described
in § 938.34(7d), Wis. Stats.
(5)
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 child.
(6)
An order for the child 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 child,
or the parents or guardian of the child, or both.
(7)
Suspension of the child'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 at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(8)
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 child, the parents or guardian, or both.
(9)
An order for the child's parent, guardian or legal custodian
to participate in counseling at the parent's, guardian's
or legal custodian's expense or to attend school with the child,
or both.
(10)
Any other reasonable conditions consistent with this article, including curfew, restrictions on
coming and going to or remaining on specified premises and restrictions
on associating with other children or adults.
B.
Upon receipt of evidence from the school attendance officer that appropriate school personnel have performed all duties required under § 118.16(5), Wis. Stats., an action may be commenced in Municipal Court by any law enforcement officer by issuance of a municipal citation for violation of § 463-8, and upon a finding of guilt, the court may issue any appropriate and applicable orders listed above.
C.
Upon observation by any law enforcement officer of such facts or circumstances giving rise to probable cause to believe that a child is violating § 463-6, such officer may initiate an action in Municipal Court by the issuance of a municipal citation, for which, if adjudged guilty, the child shall be subject to a forfeiture of not less than $50, plus costs, for a first offense and a forfeiture of not less than $100, plus costs, for any second or subsequent violation within one year of the first violation, subject to a maximum cumulative forfeiture amount of not more than $500 for all violations of § 463-6 committed during a school semester. The forfeiture and costs may be assessed against the child, or the parent or guardian, or both. In addition to assessing a forfeiture and costs, the court may also order the child to attend school.
