Village of Johnson Creek, WI: Dispositions for violations.

[HISTORY: Adopted by the Village Board of the Village of Johnson Creek as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Municipal Court — See Ch. 54.

Amusement devices — See Ch. 92.

Bicycles — See Ch. 103.

Cigarettes and tobacco products — See Ch. 122.

Intoxicating liquor and fermented malt beverages — See Ch. 150.

Peace and good order — See Ch. 189.

Article I Curfew

[Adopted 12-1-1994 by Ord. No. 12-94 as § 41.05 of the 1994 Code]

§ 162-1 Prohibited conduct.

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.

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]

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.

§ 162-2 Exemptions.

This article shall not apply to the following:

A child who is accompanied by his parent, guardian or other adult person having legal custody of such child.

A child who is engaged in lawful employment making it necessary to be in such place during the hours stated in § 162-A.

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.

§ 162-3 Detention of child.

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.

§ 162-4 Warning.

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.

§ 162-5 Violations and penalties.

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.

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.

Article II Truancy

[Adopted 2-4-1999 by Ord. No. 3-99]

§ 162-6 State statute adopted.

Section 118.16, Wis. Stats., as it relates to truancy, is hereby adopted as if fully set forth herein.

§ 162-7 Definitions.

Except as otherwise provided herein, all terms shall be interpreted pursuant to the definitions contained in § 118.15 et seq., Wis. Stats.

As used in this article, the following terms shall have the meanings indicated:

TRUANT

Any pupil who is absent from school without an acceptable excuse.

§ 162-8 Truancy prohibited; jurisdiction of Municipal Court. [1]

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.

[1]

Editor's Note: The Central Jefferson County Municipal Court was abolished 12-29-2014 by Ord. No. 8-14, effective 5-1-2015. Municipal citations will be directed to the Lake Country Municipal Court; see Ch. 54, Municipal Court.

§ 162-9 Citation.

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.

[1]

§ 162-10 Dispositions for violations.

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:

(a)

Forfeiture plus costs. A forfeiture as provided in Chapter 60, Penalties, plus, if the juvenile is 14 years of age or older, costs. All or part of the forfeiture, plus costs, may be assessed against the child, the child's parents or guardian, or both.

(b)

Suspension of operating privileges and an order for the pupil to attend school. [See Subsection A(1)(a) and (b) above.]

(4)

The Court may also impose any of the dispositions set forth in Subsection A(1)(a) through (3)(a) above relating to violations of this article.

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.

§ 162-11 Summons of parent.

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.

[1]

§ 162-12 Compulsory school attendance.

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.

[1]

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.

§ 162-13 Taking of truant pupil into custody.

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.

§ 162-14 Violations of dispositional orders.

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.

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.

[1]

§ 162-15 Contributing to truancy.

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.

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.

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.