[HISTORY: Adopted by the Common Council of the City of Oconto Falls
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-10-1999 by Ord. No. 99-014
(Ch. 41)]
As used in this article, the following terms shall have the meanings
indicated:
A school age individual between six and 18 years of age.
Has the meaning given in § 118.153(1)(b), Wis. Stats.
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 a school year.
Has the meaning given in § 340.01(40), Wis. Stats.
A pupil who is absent for part or all of one or more days from school
during which the school attendance officer, principal, or teacher has not
been notified of the legal cause of such absence by the parent or guardian
of the absent pupil, and also means intermittent attendance carried on for
the purpose of defeating the intent of § 118.15, Wis. Stats., and
excludes a child enrolled in a home schooling program complying with § 118.165(1),
Wis. Stats.
A.
Truancy.
(1)
Any child not in attendance at school at the child's
place of residence or accompanied by a parent or legal guardian on a day on
which school is held during a school semester and during the hours when that
child is required to be in attendance at school shall be presumed truant.
The child shall have the burden to present the court with evidence sufficient
to rebut this presumption.
(2)
Any child found by the courts to be truant shall be subject
to a forfeiture of not more then $50 plus costs for the 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 cumulative forfeiture amount of not
more then $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.
B.
Habitual truancy. Any child found by the court to be
a habitual truant shall be subject to one or more of the following:
(1)
Suspension of the child's operating privilege for not
less then 30 days nor more than one year. If the court imposes this penalty,
the court shall immediately take possession of the child's license and forward
it to the Wisconsin Department of Transportation, together with a notice stating
the reason for and the duration of the suspension.
(2)
An order for the child to participate in counseling,
community service, or a supervised work program as described in § 938.34(5g),
Wis. Stats. The costs of 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)
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 get 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)
A forfeiture of not more then $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.
(5)
Any other reasonable conditions consistent with this
section, including curfew, restrictions as to going to or remaining on specified
premises and restrictions on associating with other children or adults.
Any child between the age of 16 and 18 years of age found to be a dropout
may have his/her operator's license suspended by the court, pursuant to § 118.163(2m),
Wis. Stats., until he/she reaches the age of 18. The court shall immediately
take possession of the child's license and forward it to the Wisconsin Department
of Transportation, together with a notice stating the reason for and the duration
of the suspension.
B.
Subsection A above 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 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 cause
the child to be a truant.
A.
Unless the child is excepted or excused under § 118.15(1)(b)
to (d) and (4), Wis. Stats., or has graduated from high school, any person
having under control a child who is between the ages of six and 18 years shall
cause the child to attend school regularly during the full period of hours,
religious holidays excepted, that the public or private school in which the
child should be enrolled is in session until the end of the school term, quarter
or semester of the school year in which the child becomes 18 years of age.
[Adopted 9-14-1999 by Ord. No. 99-015
(Ch. 29)]
As used in this article, the following terms shall have the meanings
indicated:
Any individual having custody of a child.
Either legal custody of a child under a court order pursuant to § 767.225
or 767.41, Wis. Stats., custody of a child under a stipulation pursuant to
§ 767.34, Wis. Stats., or actual physical custody or care of a child.
A person entrusted by law with the care of a minor.
Any child who has not attained his/her 18 birthday.
The natural father or mother of a minor.
Section 895.035, Wis. Stats., is hereby adopted and by reference made
part of this article as if fully set forth herein.
A.
Unlawful to permit minor to violate. It shall be unlawful
for any parent, guardian, or other person having the lawful care, custody
and control of any minor child to allow or permit such person to violate any
provision of this Code.
B.
Exception. Any parent, guardian or custodian herein who
shall have made a missing person notification to the Police Department shall
not be considered to have allowed or permitted any minor to violate this Code.
A.
First offense. Any parent, guardian, or custodian of a minor who shall be convicted of violation of § 329-8A shall be liable for the forfeiture levied upon the minor in his or her custody for any violation of this Code, together with the costs of prosecution.
B.
Second and subsequent offenses.
(1)
Upon conviction of a second or subsequent violation of § 329-8A within six months of the first, the parent, guardian, or custodian of a minor child found to have violated § 329-8A shall be, in addition to the forfeiture levied in Subsection A above, subject to the penalty as provided in § 1-9 of this Code.
(2)
After a second conviction of a violation of the provisions
of this article within six months of the first, if any parent, guardian, or
custodian of a minor child can prove in the Oconto Falls Municipal Court that
he or she is unable to comply with this article because of the disobedience
of the minor, the action shall be dismissed and the child shall be referred
to the court assigned to exercise jurisdiction under Ch. 48, Wis. Stats.
