[HISTORY: Adopted by the Common Council of
the City of Burlington 1-5-1988 by Ord. No. 1203(25) as §§ 9.23,
9.35, 9.37 and 9.40 of the 1988 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Amusements and special events — See Ch. 100.
Bicycles — See Ch. 110.
Cigarettes and tobacco products — See Ch. 128.
Drugs and drug paraphernalia — See Ch. 135.
Graffiti — See Ch. 170.
Intoxicating liquor and fermented malt beverages — See Ch. 187.
Loitering — See Ch. 204.
Peace and good order — See Ch. 238.
A.
Minors restricted. No person under 18 years shall
loiter, idle, wander, play or otherwise be on the City streets, alleys,
highways, roads, sidewalks, parks, playgrounds, public grounds or
vacant lots either on foot or in or on a vehicle between 10:30 p.m.
and 5:00 a.m., Sunday through Thursday, and between 12:00 midnight
and 5:00 a.m. on Friday and Saturday and the day preceding legal holidays,
unless such minor is accompanied by either of his parents or his guardian
or other person having the legal custody of such minor.
B.
Exceptions. This section shall not apply to a minor
using the shortest and most direct route, upon satisfactory proof
thereof:
[Amended 11-18-2003 by Ord. No. 1740(20); 8-19-2008 by Ord. No. 1868(10)]
(1)
Performing an errand as directed by his parent, guardian
or other person having lawful custody.
(2)
Who is on his or her own premises.
(3)
Whose employment makes it necessary to be upon the
streets, alleys or public places or any motor vehicle after such hour.
(4)
Returning home from a supervised school, church or
civic function.
(5)
Who is participating in, going to or returning from:
(a)
An emergency involving the protection of a person
or property from an imminent threat of serious bodily injury or substantial
damage;
(b)
An activity conducted by a nonprofit or governmental
entity that provides recreation, education, training, or other care
under the supervision of one or more adults; or
(c)
An activity involving the exercise of the child's
rights protected under the First Amendment to the United States Constitution
or Article I of the Constitution of the State of Wisconsin, or both,
such as freedom of speech or the right of assembly.
C.
Responsibility of parent. No parent, guardian or other person having legal custody of any minor person under the age of 18 years shall knowingly permit such minor to loiter, idle, wander, play or otherwise be either on foot or in or on a vehicle of any nature upon the streets, alleys, highways, roads, sidewalks, parks, playgrounds, public grounds or vacant lots between the hours and days specified in Subsection A unless accompanied by a parent, guardian or other adult person having the legal custody of such minor, unless such minor is returning home from functions authorized by schools, churches or otherwise recognized civic organizations or going to or returning home from work as specified in Subsection B. Any parent, guardian or other person having legal custody of any such minor child who shall violate the provisions of this section shall be subject to a penalty as provided in Chapter 1, § 1-4, of this Municipal Code.
[Added 10-2-1990 by Ord. No. 1314(20); amended 4-7-1993 by Ord. No. 1420(32); 6-6-2000 by Ord. No. 1625(29)]
A.
Definitions. As used in this section, the following
terms shall have the meanings indicated:
- DROPOUT
- A child who has ceased to attend school, continues to reside in the school district, does not attend a public, private or vocational, technical and adult education district school or home-based private educational program on a full-time basis, has not graduated from high school and does not have an acceptable excuse under § 118.15(1)(b) to (d) or (3), Wis. Stats.
- HABITUAL TRUANT
- A pupil who is absent from school without an acceptable excuse under §§ 118.15 and 118.16(4), Wis. Stats., for part or all of five or more days on which school is held during the school semester.
- OPERATING PRIVILEGE
- Has the meaning given in § 340.01(40), Wis. Stats.
- TRUANT
- A pupil who is absent from school without an acceptable excuse under §§ 118.15 and 118.16(4), Wis. Stats., for part or all of any day on which school is held during a semester.
C.
Penalties.
(1)
If a person is found to be a truant the court may
order one or more of the following dispositions:
(a)
An order for the person to attend school.
(b)
A forfeiture in the amount set forth in § 938.342(1d)(b),
Wis. Stats, 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.
[Amended 8-19-2008 by Ord. No. 1868(10)]
(2)
If a person is found to be an habitual truant the
court may order one or more of the following dispositions:
(a)
The suspension of the person's operating privilege
for not less than 30 days nor more than one year. The court shall
immediately take possession of any suspended license and forward it
to the Department of Transportation together with a notice stating
the reason for and the duration of the suspension.
(b)
An order for 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 parent or guardian of the person, or both.
Any county department of human services or social services, community
agency, public agency or nonprofit charitable organization administering
a supervised work program or other community service work in which
the person is assigned pursuant to an order of this subsection acting
in good faith has immunity from any civil liability in excess of $25,000
for any act or omission by or impacting on that person.
(c)
An order for the person 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 person
to leave his or her home if the person is accompanied by a parent
or guardian.
(d)
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 person.
(e)
An order for the person to attend school.
(f)
A forfeiture in the amount set forth in § 938.342(1g)(h),
Wis. Stats., subject to § 938.37, Wis. Stats. All or part
of the forfeiture plus costs may be assessed against the person, the
parent or guardian of the person, or both.
[Amended 8-19-2008 by Ord. No. 1868(10)]
(g)
Any other reasonable conditions consistent with
this section, including a curfew, restrictions as to going to or remaining
on specified premises and restrictions on associating with other children
or adults.
(h)
An order for 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.
D.
Dropouts. The court may, in its discretion, suspend
the license of anyone who is at least 16 years of age but less than
18 years of age and a school dropout. The license may be suspended
until the person reaches the age of 18. The court shall immediately
take possession of any suspended license and forward it to the Department
of Transportation together with a notice stating the reason for and
the duration of the suspension. The court may order the school district
to provide to the court a list of all persons known to the school
district to be dropouts and who reside within the City of Burlington.
Upon request, the Department of Transportation shall advise the court
to determine which dropouts have operating privileges.
[Amended 11-18-2003 by Ord. No. 1740(20)]
E.
Conditions of prosecutions. Except as provided in
§ 118.16(5m), Wis. Stats., before any proceeding may be
brought against a child under this section for habitual truancy, the
school attendance officers shall provide evidence that appropriate
school personnel and the school or school district in which the child
is enrolled have, within the school year during which the truancy
occurred, done all of the following:
(1)
Met with the child's parent or guardian to discuss
the child's truancy or attempted to meet with the child's parent or
guardian and received no response or were refused.
(2)
Provided an opportunity for educational counseling
to the child to determine whether a change in the child's curriculum
would resolve the child's truancy and have considered curriculum modifications.
(3)
Evaluated the child to determine whether learning
problems may be a cause of the child's truancy and, if so, have taken
steps to overcome the learning problems, except that the child may
not be evaluated if tests administered to the child within the previous
year indicate that the child is performing at his or her grade level.
(4)
Conducted an evaluation to determine whether social
problems may be a cause of the child's truancy and, if so, have taken
appropriate action and made appropriate referrals.
[Added 2-4-1997 by Ord. No. 1549(23); amended 9-7-1999 by Ord. No. 1605(9); 8-19-2008 by Ord. No. 1868(10)]
The following Juvenile Justice Code sections
and Criminal Code sections are herewith adopted:
A.
Section 254.92, Wis. Stats., Purchase or possession of cigarettes or tobacco products by person under 18 prohibited. (See Chapter 128, Cigarettes and Tobacco Products.)
B.
Section 938.342, Wis. Stats., Disposition; truancy
and school dropout ordinance violations.
C.
Section 938.343, Wis. Stats., Disposition of juvenile
adjudged to have violated a civil law or ordinance.
G.
Section 961.573(2), Wis. Stats., Possession of drug paraphernalia (by a person under 17 years of age). (See Chapter 135, Drugs and Drug Paraphernalia.)
