Village of Cottage Grove, WI
Dane County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Cottage Grove 7-2-1984 as Sec. 10.01 of the 1984 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Amusement arcades and devices — See Ch. 113.
Bowling alleys — See Ch. 124.
Graffiti — See Ch. 189.
Loitering — See Ch. 208.
Peace and good order — See Ch. 235.
A. 
No child under the age of 18 years shall loiter, idle or remain upon any street, alley, or other public place in the Village between 10:00 p.m. and 5:00 a.m. the next day, except Friday and Saturday when the hours shall be 11:00 p.m. and 5:00 a.m., unless such child is accompanied by his or her parent, guardian, or other adult person having legal custody of such child.
[Amended 4-1-1985]
B. 
Exceptions.
(1) 
This chapter shall not apply to a child:
(a) 
Performing an errand as directed by parents, guardian or person having lawful custody.
(b) 
Who is on his or her own premises or the areas immediately adjacent thereto.
(c) 
Whose employment makes it necessary to be on the streets, alleys, public places or any motor vehicle after such hour.
(d) 
Returning home from a supervised school, church, or civic function.
(2) 
These exceptions, however, shall not permit a child to unnecessarily loiter about the streets, alleys, or public places or be in a parked motor vehicle on the public street.
[Amended 4-1-1985]
No parent, guardian, or other person having legal custody of a child under the age of 18 years, shall permit or suffer such child to loiter, idle, or remain upon any street, alley, or other public place in the Village between 10:00 p.m. and 5:00 a.m. the next day, except Friday and Saturday when the hours shall be 11:00 p.m. and 5:00 a.m., unless such child is accompanied by his or her parent, guardian or other adult person having legal custody of such child.
[Amended 3-19-2001 by Ord. No. 01-2001]
No person operating a place of amusement or entertainment within the Village or any agent, servant or employee of any such person shall permit a child under the age of 18 years to enter or loiter in such place of amusement or entertainment between 10:00 p.m. and 5:00 a.m. the next day, except Friday and Saturday when the hours shall be 11:00 p.m. and 5:00 a.m., unless such child is accompanied by his or her parent, guardian, or other adult person having legal custody of such child.
[Amended 3-19-2001 by Ord. No. 01-2001]
No person operating a hotel, motel, lodging or rooming house within the Village, or any agent, servant or employee of such person, shall permit any child under the age of 18 years to visit, idle, wander or stroll in any portion of such hotel, motel, lodging or rooming house between 10:00 p.m. and 5:00 a.m. the next day, except Friday and Saturday when the hours shall be 11:00 p.m. and 5:00 a.m., unless such child is accompanied by his or her parent, guardian, or other adult person having legal custody of such child.
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 Village between 8:00 a.m. and 4:00 p.m. on school days.
A child believed to be violating the provisions of this chapter shall be taken to the Law Enforcement Department and disposition shall be in accordance with Ch. 48, Wis. Stats.
The first time a child is detained by law enforcement officers as provided in § 147-6, a parent, guardian, or person having legal custody shall be advised as to the provisions of this chapter and any violation of this chapter occurring thereafter by the subject child or any other child under the adult's care or custody shall result in a citation being issued to the adult for violation of the requirement of parental responsibility.
[Added 11-17-2008 by Ord. No. 11-2008[1]]
A. 
Definitions. In this section, the following terms shall have the meanings indicated:
DROPOUT
A child who ceased to attend school, does not attend a public or private school, technical college or home-based private education program on a full-time basis, has not graduated from high school and does not have an acceptable excuse under s. 118.15(1)(b) to (d) or (3), Wis. Stats.
HABITUAL TRUANT
A pupil who is absent from school without an acceptable excuse under ss. 118.16(4) and section 118.15, Wis. Stats., for part or all of five or more days on which school is held during a school semester.
TRUANT
A pupil who is absent from school without an acceptable excuse under ss. 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. 
Habitual truancy. No person under 18 years of age shall be a habitual truant from the school the person is supposed to be attending.
C. 
Dropout. No person who is at least 16 years of age but less than 18 years of age shall be a dropout.
D. 
Truancy. No person under the age of 18 years of age shall be a truant from the school the person is supposed to be attending.
E. 
Dispositions: truancy, habitual truancy, and school dropout.
(1) 
Habitual truancy. If the Court finds that a person under 18 years of age violates § 147-8B of this Code, the Court shall enter an order making one or more of the following dispositions:
(a) 
Suspend the person's operating privileges, as defined in s. 340.01(40), Wis. Stats., for not less than 30 days nor more than one year. The Court shall immediately take possession of the suspended license and forward it to the Department of Transportation, together with a notice stating the reason for and duration of the suspension.
(b) 
Order the person to participate in counseling or a supervised work program. The costs of such counseling or supervised work program may be assessed against the person, the parents or guardian of the person, or both.
(c) 
Order 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 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) 
Order the person to attend an educational program under s. 938.34(7d), Wis. Stats.
(e) 
Order the Department of Workforce Development to revoke, under s. 103.72, Wis. Stats., a permit under s. 103.70, Wis. Stats., authorizing the employment of the person.
(f) 
Order the person to be placed in a teen court program if all of the following conditions apply:
[1] 
The Chief Judge of the Judicial Administrative District has approved a teen court program established in the person's county of residence and the judge determines participation in the teen court program will likely benefit the person and the community.
[2] 
The person admits or pleads no contest in open court, with the person's parent, guardian or legal custodian present, to the allegations the person violated the civil law or ordinance.
[3] 
The person has not successfully completed participation in a teen court program during the two years before the date of the alleged civil law or ordinance violation.
(g) 
Order the person to attend school.
(h) 
Impose a forfeiture of not more than $500, plus costs, subject to s. 938.37, Wis. Stats. All or part of the forfeiture plus costs may be assessed against the person, the parents or guardians of the person, or both.
(i) 
Impose any other reasonable conditions consistent with s. 118.163, Wis. Stats., including a curfew, restrictions as to going to or remaining on specified premises and restrictions on associating with other children or adults.
(j) 
Place the person under formal or informal supervision, as described in s. 938.34(2), Wis. Stats., for up to one year.
(k) 
Order 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.
(2) 
School dropout. If the Court finds a person is subject to and has violated § 147-8C of this Code, the Court may suspend the person's operating privilege, as defined in s. 340.01(40), Wis. Stats., 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, along with a notice stating the reason for and the duration of the suspension.
(3) 
Truancy. If the Court finds a person under 18 years of age violated § 147-8D of this Code, the Court shall enter an order making one or more of the following dispositions:
(a) 
Order the person to attend school.
(b) 
Impose a forfeiture of not more than $50 plus costs, for the first violation, or a forfeiture of $100 plus costs, for any second or subsequent violation committed within 12 months of a previous violation, subject to s. 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 parents or the guardian of the person, or both.
[1]
Editor's Note: This ordinance also redesignated former § 147-8, Violations and penalties as § 147-10.
[Added 11-17-2008 by Ord. No. 11-2008]
A. 
Except as provided in Subsection B, any person 17 years of age or older who, by any act or omission, knowingly encourages or contributes to the truancy, as defined under s. 118.16(1)(c) of the Wisconsin Statutes, of a person 17 years of age or under shall be subject to a forfeiture of up to $500.
B. 
Subsection A does not apply to a person who has under his or her control a child who has been sanctioned under s. 49.26(1)(h) of the Wisconsin Statutes.
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 be to cause the child to be truant.
Any parent, guardian or person having legal custody of a child described in §§ 147-1, 147-3, 147-4 or 147-5 who has been warned in the manner provided in § 147-7 and who thereafter violates any of the provisions of this chapter shall be subject to a penalty as provided in Chapter 1, General Provisions, § 1-19, of this Code.