[HISTORY: Adopted by the Village Board of the Village of
Allouez as indicated in article histories. Amendments noted where
applicable.]
[Adopted as § 31.12 of the Village Code]
No child under the age of 16 years shall be in or upon any street,
sidewalk, alley, public grounds, public building or any public place
of accommodation or amusement in the Village of Allouez between the
hours of 10:00 p.m. and 6:00 a.m. the following day unless accompanied
by a parent, guardian, adult relative, or other adult person having
the actual care, custody and control of such child, except when such
child is lawfully employed and is en route by the most practical direct
route between his residence and the place of employment, and except
when such child is returning to his home from a supervised or organized
event and for activities protected by the First Amendment which occurred
during curfew hours, which include but are not limited to take back
the night rallies, religious ceremonies, memorial candlelight vigils,
midnight mass and political rallies at the end of a campaign. The
provisions of this section shall apply whether such child is on foot
or is in, on or upon any vehicle or other means of conveyance.
No parent, guardian, adult relative or adult person having the
actual care and custody of a child under the age of 16 years shall
permit or allow any such child under his care, custody and control
to be in, on or upon any street, sidewalk, alley, public grounds,
public building, or any public place of accommodation or amusement
in the Village of Allouez between the hours of 10:00 p.m. and 6:00
a.m. the following day unless accompanied by a parent, guardian, adult
relative or other person having the actual care, custody and control
of such child, except when such child is lawfully employed and is
en route by the most practical direct route between his residence
and the place of employment and except when such child is returning
to his home from a supervised or organized event and for activities
protected by the First Amendment which occurred during curfew hours,
which include but are not limited to take back the night rallies,
religious ceremonies, memorial candlelight vigils, midnight mass and
political rallies at the end of a campaign. The provisions of this
section shall apply whether such child is on foot or is in, on or
upon any vehicle or other means of conveyance. It shall not be necessary
to prove the element of intent in any proceeding under this section.
A.
Any child found violating or who is suspected of violating the provisions
of this article may be detained, and such detention and his release
shall be in accordance with the provisions of Chapter 48 of the Wisconsin
Statutes.
B.
All proceedings against any child for a violation of this article
shall be in accordance with the provisions of Chapter 48 of the Wisconsin
Statutes.
C.
Any person convicted of violating § 285-2 of this article shall forfeit not less than $25 nor more than $200, together with the costs of prosecution, and in default of payment of such forfeiture and costs shall be confined in the Brown County jail until such forfeiture and costs are paid, but not exceeding 10 days.
In this article the words "child," "parent," "guardian" and
"relative" shall have the meanings as defined in Chapter 48 of the
Wisconsin Statutes. In this article the phrase "public place of accommodation
or amusement" shall mean, without limitation because of enumeration,
any restaurant, tavern, bowling alley, drugstore, service station
or public garage, barbershop, retail establishment, or other place
of business open to the general public.
[Adopted as § 31.21 of the Village Code]
A.
HABITUAL TRUANT
TRUANT
As used in this article, the following terms shall have the meanings
indicated:
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
semester.[1]
A child 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 school semester.
B.
An act or omission shall be deemed to contribute 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 be to cause the child to be truant.
A.
No child shall be a habitual truant.
B.
No person 18 years of age or older shall knowingly encourage or contribute
to the truancy of a child, except that this subsection shall not apply
to a person who has under his or her control a child who is truant,
and that child has been sanctioned under the provisions of § 49.26(1)(h),
Wis. Stats.
C.
No child under 18 years of age shall be truant. 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.
A.
Upon finding a child to be a habitual truant, the court shall do
one or more of the following:
(1)
Suspend the child's motor vehicle operating privilege, as the
same is defined in § 340.01(40), Wis. Stats., 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.[1]
(2)
Order the child to participate in counseling, community service or
a supervised work program as provided under § 938.34(5g),
Wis. Stats.
(3)
Order 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, and such order may also permit the child to leave his
or her home if the child is accompanied by the child's parent
or guardian.
(4)
Order the child to attend an educational program under § 938.34(7d),
Wis. Stats.
B.
A person found guilty of contributing to the truancy of a child shall be subject to the penalty provisions of § 1-3 of this Code.
C.
Any child found by the courts to be truant shall be subject to 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. All
or part of the forfeiture plus costs may be assessed against the child,
the parents or guardian of the child, or both. The authority of the
Municipal Court to impose any such penalty is subject to any other
limitations imposed by state statute. The authority to impose such
a penalty does not limit the Municipal Court in any other fashion
to impose any other penalty or remedy available to the Municipal Court.
