[HISTORY: Adopted by the Common Council of the City of Mayville as indicated in article histories. Amendments noted where applicable.]
Article I Curfew
Article II Truancy
[Adopted by Ord. No. 784-1993 (§ 9.18 of the 1989 Code)]
It is unlawful for any persons under 18 years of age to be on foot, bicycle or in any type of vehicle on any public street, avenue, highway, road, alley, park, school grounds, swimming beach, cemetery, playground, public building or any other public place in the City between the hours of 11:00 p.m. and 5:00 a.m., unless accompanied by his or her parent or guardian, or person having lawful custody and control of his or her person, or unless there exists a reasonable necessity therefor. The fact that such child, unaccompanied by parent, guardian or other person having legal custody, is found upon any such public place during the aforementioned hours shall be prima facie evidence that such child is there unlawfully and that no reasonable excuse exists therefor.
This article shall not apply to a child:
Who is performing an errand as directed by his parent, guardian or person having lawful custody.
Who is on his own premises or in the areas immediately adjacent thereto.
Whose employment makes it necessary to be upon the streets, alleys or public places or in any motor vehicle during such hours.
Who is returning home from a supervised school, church or civic function.
These exceptions shall not, however, permit a child to unnecessarily loiter about the streets, alleys or public places or be in a parked motor vehicle on the public streets.
It is unlawful for any parent, guardian or other person having the lawful care, custody and control of any person under 18 years of age to allow or permit such person to violate the provisions of § 284-1 or 284-2. The fact that prior to the present offense a parent, guardian or custodian was informed by any law enforcement officer of a separate violation of this article occurring within 30 days of the present offense shall be prima facie evidence that such parent, guardian or custodian allowed or permitted the present violation. 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 person under 18 years of age to violate this article.
It is unlawful for any person, firm or organization operating or in charge of any place of amusement, entertainment, refreshment or other place of business to permit any minor under 18 years of age to loiter, loaf or idle in such place during the hours prohibited by this article. Whenever the owner or person in charge or in control of any place of amusement, entertainment, refreshment or other place of business during the hours prohibited by this article shall find persons under 18 years of age loitering, loafing or idling in such place of business, he shall immediately order such person to leave, and if such person refuses to leave said place of business, the operator shall immediately notify the Police Department and inform it of the violation.
Every law enforcement officer is authorized to detain any minor violating the aforementioned provisions until such time as the parent, guardian or person having legal custody of the minor shall be immediately notified, and the person so notified shall as soon as reasonably possible thereafter report to the Police Department for the purpose of taking the custody of the minor and shall sign a release for him or her. If no response is received, the police shall take whatever action is deemed necessary in the best interest of the minor.
The first time a minor is detained by a law enforcement officer of the City, as provided in § 284-5, such minor and the parent, guardian or person having legal custody of such minor shall be advised personally, or by mail, as to the provisions of this article and further advised that any violation of this article occurring thereafter by this minor or any other minor under the care of such parent, guardian or person having legal custody shall result in a penalty being imposed as hereinafter provided.
Any parent, guardian or person having legal custody of a child described in §§ 284-1 through 284-5 who has been warned in the manner provided in § 284-6 and who thereafter violates any of the provisions of this article shall be subject to a penalty as provided in § 1-4 of this Code. After a second violation within a six-month period, if the defendant, in a prosecution under this article, proves that he or she is unable to comply with this article because of the disobedience of the child, the action shall be dismissed and the child shall be referred to the court assigned to exercise jurisdiction under Ch. 48, Wis. Stats.
[Adopted by Ord. No. 866-98 (§ 9.14 of the 1989 Code)]
A person under 18 years of age is prohibited from being a truant or habitual truant. The dispositions in § 118.163(1m) and (2), Wis. Stats., are available to the court in the enforcement of this section.
For the purpose of this article, the following definitions apply:
- ACCEPTABLE EXCUSE
- An acceptable excuse as defined in §§ 118.15 and 118.16(4), Wis. Stats.
- HABITUAL TRUANT
- A pupil who is absent from school without an acceptable excuse for part or all of five or more days on which school is held during a school semester.
- Any absence of part or all of one or more school days during which
the school has not been notified of the legal cause of such absence by the
parent/guardian of the absent student and also means intermittent attendance
carried on for the purpose of defeating the intent of the compulsory attendance
law. Parent/guardian notification of legal cause of absence shall be submitted
in writing prior to the absence or upon the day of return.[Amended by Ord. No. 914-2001]
- A pupil who is absent from school without an acceptable excuse for all or part of any day on which school is held during a school semester.
[Amended by Ord. No. 914-2001]
Except as provided under § 118.15(1)(b) to (d) and (4), Wis. Stats., unless the child is excused under § 118.15(3), Wis. Stats., or has graduated from high school, any person having under his or her 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 and 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. Violation of this section shall be subject to a penalty as provided in § 1-4 of this Code.