[HISTORY: Adopted by the Common Council of
the City of St. Francis as §§ 9.14, 9.22, 9.28 and
9.50 of the 1981 Code. Amendments noted where applicable.]
A.
Hours.
(1)
Specified. No child under 17 years shall loiter, idle
or remain upon any street, alley or other public place in the City
between 11:00 p.m. and 5:00 a.m. the next day unless such child is
accompanied by his parent, guardian or other adult person having legal
custody of such child.
(2)
Exceptions.
(a)
This section shall not apply to a child:
[1]
Who is performing an errand as directed by his
parent, guardian or person having lawful custody.
[2]
Who is on his own premises or in the areas immediately
adjacent thereto.
[3]
Whose employment makes it necessary to be upon
the streets, alleys or public places or in any motor vehicle during
such hours.
[4]
Who is returning home from a supervised school,
church or civic function.
(b)
These exceptions shall not, however, permit
a child to unnecessarily loiter about the streets, alleys or public
places or be in parked motor vehicle on the public streets.
B.
Parental violation. No parent, guardian or other person
having legal custody of a child under 17 years shall permit such child
to loiter, idle or remain upon any street, alley or other public place
in the City between 11:00 p.m. and 5:00 a.m. the next day unless such
child is accompanied by his parent, guardian or other adult person
having legal custody of such child.
C.
Responsibility of operators of places of amusement.
No person operating a place of amusement or entertainment within the
City, or any agent, servant or employee of such person, shall permit
a child under 17 years to enter or loiter in such place of amusement
or entertainment between 11:00 p.m. and 5:00 a.m. the next day unless
such child is accompanied by his parent, guardian or other adult person
having legal custody of such child.
D.
Responsibility of operators of hotels, motels and
lodging or rooming houses. No person operating a hotel, motel or lodging
or rooming house within the City, or any agent, servant or employee
of such person, shall permit any child under 17 years to visit, idle,
wander or stroll in any portion of such hotel, motel or lodging or
rooming house between 11:00 p.m. and 5:00 a.m. the next day unless
such child is accompanied by his parent, guardian or other adult person
having legal custody of such child.
E.
Loitering in school and playground areas. No person
not in official attendance or on official school business shall enter
into, congregate, loiter, wander, stroll, stand or play in any school
building or in or about any playground area adjacent thereto within
the City between 8:00 a.m. and 4:00 p.m. on official school days.
F.
Detaining a child. A child believed to be violating the provisions of this section shall be taken to the Police Department or the County Sheriff's Department for proper identification. Any law enforcement officer on duty may detain any child violating Subsection A, C, D or E until such time as the parent, guardian or other adult person having legal custody of the child has been immediately notified and the person so notified has, as soon as reasonably possible thereafter, reported to the Police Department or the Sheriff's office for the purpose of taking the child into custody and has signed a release for him.
[Amended 11-4-2020 by Ord. No. 1471]
A.
ABSENT FROM SCHOOL
(1)
(2)
DROPOUT
HABITUAL TRUANT
OPERATING PRIVILEGE
TRUANT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Either:
A child's failure to physically appear in person at the
public, private, or tribal school, technical college, or home-based
private educational program that the child is enrolled in for part
or all of any day that such school, technical college or educational
program made instruction available to such child on an in-person basis;
or
A child's failure to appear and participate electronically
at the public, private, or tribal school, technical college, or home-based
private educational program that the child is enrolled in for part
or all of any day that such school, technical college or educational
program made instruction available to such child on a virtual basis.
As defined in Wis. Stats. § 118.153(1)(b), a child
who ceased to attend school, does not attend a public, private, or
tribal school, technical college, 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 Wis. Stats. § 118.15(1)(b)
to (d) or (3).
As defined in Wis. Stats. § 118.16(1)(a), a pupil
who is absent from school without an acceptable excuse under Wis.
Stats. § 118.16 and Wis. Stats. § 118.15 for part
or all of five or more days on which school is held during a school
semester.
Has the meaning given in Wis. Stats. § 340.01(40).
A pupil who is absent from school without an acceptable excuse
under Wis. Stats. §§ 118.15 and 118.16(4) for part
or all of any day on which school is held during a school semester.
B.
Compulsory school attendance and school attendance enforcement. Sections
118.15 and 118.16, Wis. Stats., are hereby incorporated by reference,
as they may be amended from time to time, as though fully set forth
herein.
C.
Disposition - truancy. If the court finds a person guilty of truancy,
the court may enter a dispositional order including one or more of
the following terms:
(1)
Order the person to attend school.
(2)
Impose a forfeiture of not more than $50 plus costs for a 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 than $500 for all violations
committed during a school semester. All or part of the forfeiture
plus costs may be assessed against the person, the parent or guardian
of the person, or both.
(3)
Order the person to report to a youth report center after school,
in the evening, on weekends, on other nonschool days, or at any other
time that the person is not under immediate adult supervision, for
participation in the social, behavioral, academic, community service,
and other programming of the center. Section 938.34(5g),Wis. Stats.,
applies to any community service work performed by a person under
this subsection.
D.
Disposition - habitual truancy. If the court finds a person guilty
of habitual truancy, the court may order one or more of the following
dispositions:
(1)
Suspension of the person'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.
(2)
An order for the person to participate in counseling or a supervised
work program or other community service work as described in Wis.
Stats. § 938.34(5g). The costs of any 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. 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 to which a
person is assigned pursuant to an order under 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.
(3)
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.
(4)
An order for the Department of Workforce Development to revoke, under
Wis. Stats. § 103.72, a permit under Wis. Stats. § 103.70
authorizing the employment of the person.
(5)
An order for the person to attend school.
(6)
A forfeiture of not more than $500 plus costs, subject to Wis. Stats.
§ 938.37. All or part of the forfeiture plus costs may be
assessed against the person, the parents or guardian of the person,
or both.
(7)
Any other reasonable conditions consistent with this subsection,
including a curfew, restrictions as to going to or remaining on specified
premises, and restrictions on associating with other children or adults.
(8)
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.
(9)
An order for the person to report to a youth report center after
school, in the evening, on weekends, on other nonschool days, or at
any other time that the person is not under immediate adult supervision,
for participation in the social, behavioral, academic, community service,
and other programming of the center as described in Wis. Stats. § 938.342(1g)(k).
E.
Dropouts.
(1)
Pursuant to Wis. Stats. § 118.163(2m)(b), the court may
order the school district to provide the court with a list of all
persons who are known to the school district to be dropouts and who
reside within the City of St. Francis. Upon request, the Department
of Transportation shall assist the court to determine which dropouts
have operating privileges.
(2)
The court may issue an order pursuant to Wis. Stats. § 118.163(2m)(a)
suspending the operating privilege of a person who is at least 16
years of age but less than 18 years of age and is a dropout. The court
may suspend such person's license until the person reaches the
age of 18. 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.
Section 118.258, Wis. Stats., as it may be amended
from time to time, is hereby incorporated by reference and it is therefore
unlawful for any pupil to use or possess an electronic paging or two-way
communication device while on premises owned or rented by or under
the control of a public school, except as permitted by the school
district. Violation of this section shall result in confiscation of
such device by the school district to be forwarded to the Police Department.
[Added 10-5-2004 by Ord. No. 1169]
A.
Purpose. The purpose of this section is to reduce
the incidence of misconduct by juveniles by requiring proper supervision
on the part of the custodial parents and to ensure the payment of
restitution caused by juvenile misconduct.
B.
CUSTODIAL PARENT
CUSTODY
JUVENILE
PARENTAL RESPONSIBILITY
RESTITUTION
Definitions. Whenever the following words or terms
are used in this section, they shall be construed to have the following
meanings:
A parent or legal guardian of a juvenile who has legal custody
of said juvenile.
Legal or physical custody under court order issued pursuant
to § 767.225 or 767.41, Wis. Stats., or actual physical
custody of a juvenile. "Custody" does not include legal custody as
defined under § 48.02(12), Wis. Stats., by an agency or
person other than a juvenile's birth or adoptive parent.
A minor 17 years of age or younger.
A custodial parent of a juvenile residing with such custodial
parent shall meet his or her duty to supervise the juvenile.
Any payment ordered pursuant to § 800.093, Wis.
Stats.
C.
Prohibited conduct. Every custodial parent has a duty
to properly supervise his or her juvenile. Any custodial parent whose
juvenile is adjudicated guilty of a St. Francis Code violation, including
but not limited to provisions which incorporate state laws, twice
within a six-month period or three or more times within a twelve-month
period is guilty of failing to meet his or her duty to supervise said
juvenile where the violations were a foreseeable consequence of the
breach of the duty, in that:
D.
The six- and twelve-month periods shall be measured
from the date of the first adjudication of guilt. Adjudication in
the court that the juvenile has violated an ordinance shall bar a
juvenile's custodial parent from denying that the juvenile committed
the violation, subject to applicable rules of evidence.
E.
Defenses. The following shall be among the defenses to a violation of Subsection C where proven by the parent by clear and convincing evidence:
(1)
Where the parent was not legally responsible for the
supervision of the juvenile at the time the misconduct occurred;
(2)
Where the parent has a physical or mental disability
or incompetence rendering him or her incapable of supervising the
juvenile at the time the misconduct occurred;
(3)
Where the parent reported the act forming the basis
of the violation to the appropriate authorities when the violation
occurred or as soon as the parent learned of the violation;
(4)
Where the parent is the victim of the acts underlying
the violation; or
(5)
Where the juvenile has been diagnosed before the violation
by a competent physician or licensed psychologist as suffering from
a mental disorder that renders parental supervision and control ineffective.
F.
Penalty. The offense described under Subsection C shall be subject to a penalty of not less than $250 or more than $1,000. Nothing in this section shall prevent the Juvenile Officer, in his/her discretion, from referring cases directly to the District Attorney's office.
G.
Parental responsibility for restitution. A custodial
parent of a juvenile residing with such custodial parent shall pay
restitution ordered as part of any adjudication of guilt entered against
the juvenile.
[Added 12-16-2014 by Ord. No. 1377[1]]
A.
Intent. The Common Council finds that bullying can constitute a threat
to the physical and emotional safety of individuals and that children
are especially vulnerable to bullying. This section is intended to
prohibit the conduct that threatens the physical or emotional safety
of persons in the City of St. Francis, but this section shall not
be construed to prohibit any constitutionally protected speech or
conduct.
B.
Bullying, prohibited. No person shall engage in bullying; intentionally
aide and abet the commission of bullying; conspire with another to
engage in bullying; or advise, hire, counsel, or otherwise procure
another to engage in bullying, aid another person in or be a party
to a conspiracy with another to bully any person or persons in the
City of St. Francis.
C.
Bullying, defined. For purposes of this section, "bullying" shall
mean any conduct, or course of conduct, that constitutes a violation
of any one or more of the following sections of the Wisconsin Statutes
as amended from time-to-time:
[Amended 7-1-2008 by Ord. No. 1259]
Except where another penalty is provided herein, any person who shall violate any provision of this chapter shall be subject to a penalty as provided in § 1-4 of this Code.
