[HISTORY: Adopted by the Village Board of
the Village of Johnson Creek as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-1-1994 by Ord. No. 12-94
as § 41.05 of the 1994 Code]
A.
Child. No person under 18 years shall be on the streets, highways, alleys or other public places in the Village, either on foot or in or on any vehicle being operated or parked thereon, Sundays through Thursdays between 10:00 p.m. and 6:00 a.m. the following day and Fridays and Saturdays between 12:01 a.m. and 6:00 a.m. The fact such person under 18 years is found upon any street, highway, alley or public place during such hours shall be prima facie evidence he is there unlawfully, unless one of the specific exemptions of § 162-3 also exists.
B.
Parent or guardian. No parent, guardian or other adult person having the care and custody of a child under the age of 18 years shall permit such child to be upon the streets, highways, alleys or other public places in the Village of Johnson Creek during the hours stated in Subsection A unless one of the specific exemptions of § 162-2 shall exist.
[Amended 7-8-2003 by Ord.
No. 20-03]
C.
Operators. No person, firm or corporation operating a business in the Village, or any agent or employee of such person, firm or corporation, shall permit any child under the age of 18 years to enter or remain upon his or its business premises during the hours stated in Subsection A unless such child is accompanied by his parent, guardian or other adult person having legal custody of the child.
This article shall not apply to the following:
A.
A child who is accompanied by his parent, guardian
or other adult person having legal custody of such child.
B.
A child who is engaged in lawful employment making
it necessary to be in such place during the hours stated in § 162-A.
C.
A child who is returning to his residence from a municipal,
religious or school function authorized by the governing body of any
public or private school, religious body or governmental unit in the
Village which shall have been officially registered with the Police
Department by a responsible officer of the governing body prior to
the event or function.
A child believed to be violating the provisions of this article shall be taken to the Police Department or the Sheriff's Department for Jefferson County, Wisconsin, for proper identification. Every law enforcement officer, while on duty, may detain any child violating § 162-1A until such time as the parent, guardian, adult person having legal custody of the child, or Juvenile Court officer shall be immediately notified and the person so notified shall, as soon as reasonably possible thereafter, report to the police station or Sheriff's office for the purpose of taking the child into custody and shall sign a release for him.
The first occasion a child is detained by law enforcement officers as provided in § 162-3, the parent, guardian or adult person having legal custody of such child and the child shall be advised of the violation and of the provisions of this article. Any subsequent violation of this article by such child or any other child under his or her care or custody shall, upon conviction, result in a penalty being imposed upon the parent, guardian or custodian as herein provided.
A.
Child. Any child under the age of 18 years who has been warned in the manner provided in § 162-4 and who thereafter violates any of the provisions of this article shall be referred to the Jefferson County Court, Juvenile Court Division, in accordance with Ch. 48, Wis. Stats.
B.
Parent, guardian or custodian. Any parent, guardian or person having legal custody of a child described in § 162-1A who has been warned in the manner provided in § 162-4 and who thereafter violates any of the provisions of this article shall, upon conviction, be subject to a penalty as provided in § 60-1 of this Code.
[Adopted 2-4-1999 by Ord. No. 3-99]
Section 118.16, Wis. Stats., as it relates to
truancy, is hereby adopted as if fully set forth herein.
It shall be unlawful for any pupil to be truant,
or a habitual truant, from any school in the School District of Johnson
Creek. Pursuant to § 938.17(2)(a)2b, Wis. Stats., the Village
of Johnson Creek Municipal Court shall exercise jurisdiction over
any pupil alleged to be truant, or habitually truant, from a Johnson
Creek School District school, regardless of location.
Any citation issued for habitual truant shall
be returnable in the Municipal Court,[1] shall state, on its face, that it is a "Must Appear" citation
and shall have no forfeiture amount written on the face of the citation.
A.
Habitual truant.
(1)
Upon finding a pupil habitually truant, the Court
shall impose the following dispositions on a first violation:
(a)
Suspension of operating privileges. Suspend
the pupil's motor vehicle operating privileges, as provided in § 118.163(2),
Wis. Stats., for not less than 30 days nor more than one year. The
Court shall immediately take possession of the suspended license and
forward it to the State Department of Transportation, together with
a notice setting forth the reason for and the duration of the suspension.
(b)
Order for the pupil to attend school.
(2)
The Court may also impose any of the following dispositions
in addition to those set forth above:
(a)
Counseling, service or work program. Order the
child to participate in counseling, community service, or a supervised
work program under § 938.34(5g), Wis. Stats.
(b)
Educational program. Order the child to attend
an educational program under § 938.34(7d), Wis. Stats.
(c)
Revocation of work permit. 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 juvenile.
(d)
Teen court program. Order the child to be placed
in a teen court program pursuant to § 938.342(1g)(f)1, 2
and 3, Wis. Stats.
(e)
Order the child's parent, guardian, or legal
custodian to participate in counseling at his or her own expense or
attend school with the child, or both. However, no such order may
be entered by the Court until the parent, guardian, or legal custodian
is given an opportunity to be heard on the contemplated order of the
Court.
(f)
Any other reasonable conditions, including a
curfew, restrictions as to going to or remaining on specified premises,
and restrictions on associating with other children or adults.
(3)
For any second or subsequent violation committed within
12 months of a previous violation, the Court shall impose the following
dispositions:
B.
Truant. Upon finding a pupil truant, the Court shall
impose the following dispositions:
(1)
An order for the pupil to attend school.
(2)
A forfeiture as provided in Chapter 60, Penalties, plus costs, subject to § 938.37, Wis. Stats., and subject to a maximum cumulative forfeiture amount as provided in Chapter 60 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.
Pursuant to § 938.17(2)(cg), Wis.
Stats., the Municipal Court[1] Judge may issue a summons requiring the parent, guardian,
or legal custodian of the pupil to appear with the pupil.
A.
Any person who has a child under his control, which
child is between the ages of six and 18 years old, and which child
attends school within the jurisdiction of the Village of Johnson Creek
Municipal Court,[1] as set forth in § 938.17(2)(a)2, Wis. Stats.,
is required to ensure that the child attends school, pursuant to the
provisions of § 118.15, Wis. Stats.
B.
The penalty for violation of this subsection shall be a forfeiture as provided in Chapter 60, Penalties, together with the costs of prosecution, and, in default of payment of said forfeiture and costs, suspension of the defendant's operating privileges pursuant to §§ 343.30 and 345.47, Wis. Stats., or imprisonment in the Jefferson County Jail until payment of the forfeiture and costs, but not in excess of the number of days set forth in § 800.095(4), Wis. Stats. Each and every day during which a violation continues constitutes a separate offense.
A police officer may take a juvenile into custody,
pursuant to § 938.19(1)(d)10, Wis. Stats., if the officer
has reasonable grounds to believe that the juvenile is absent from
school without an acceptable excuse under § 118.15, Wis.
Stats.
A.
Habitual truant. If a juvenile who has been found
to have violated this article violates a condition of his or her disposition
order and to whom, at the time of judgment, the Court explained the
conditions to the juvenile and informed the juvenile of those possible
sanctions, or if before the violation the juvenile has acknowledged,
in writing, that he or she has read, or has had read to him or her,
those conditions and possible sanctions and that he or she understands
those conditions and possible sanctions, the Court may impose any
of the following dispositions:
(1)
Suspension or limitation on the use of the juvenile's
driver's 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.
(2)
Counseling or participation for not more than 25 hours
in a supervised work program or other community service work.
(3)
Detention in the juvenile's home or current residence
for a period of not more than 30 days, except during hours in which
the juvenile is attending religious worship or a school program.
(4)
Any of the dispositions listed in § 162-10A(2) and (3) above.
B.
In addition, the Municipal Court[1] may petition the Juvenile Court to impose a sanction placing
the juvenile in a secure detention facility, or the juvenile portion
of a county jail that meets standards promulgated by the Department
of Corrections, for not more than 10 days, with the provision of educational
services consistent with the juvenile's current course of study during
the period of placement.
A.
Except as provided below, any person 17 years of age or older who, by act or omission, knowingly encourages or contributed to the truancy of a child shall be subject to a forfeiture as provided in Chapter 60, Penalties, plus costs. Upon default of the payment of the forfeiture and the costs of the prosecution, an adult shall be imprisoned in the county jail until said forfeiture and costs are paid, but not to exceed 30 days. A person 17 years of age who defaults payment of the forfeiture shall be subject to a disposition provided for in § 938.343, Wis. Stats.
B.
Subsection A 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.
C.
An act or omission contributes to the truancy of a
child whether the child is adjudged to be in need of protection or
services and/or if the natural and probable consequences of that act
or omission would be to cause the child to be truant.
