[HISTORY: Adopted by the Board of Supervisors of Pierce County as indicated in article histories. Amendments noted where applicable.]
Article I Curfew
Article II Truancy
[Adopted by Ord. No. 94-1]
This article is adopted pursuant to the authority of the county under § 59.54(6) and (22), Wis. Stats.
The following definitions shall control application of this article:
- CENTRAL TIME
- Central standard time or central daylight savings time, whichever is appropriate.
- A person under the age of 16 years.
- A guardian of the person of a child appointed under Chapter 880, Wis. Stats.
- City or village.
- A child's natural parent whose parental rights have not been terminated or relinquished.
- PERSON HAVING HIS OR HER CARE, CUSTODY OR CONTROL
- The state, a county or other child welfare agency or a foster parent exercising parental control over a child.
It is unlawful for any child to congregate, loiter, wander, stroll, stand or play in or upon the public streets, highways, roads, alleys, parks, public buildings, places of amusement and entertainment, vacant lots or any other public places in the county, either on foot or in or upon any conveyance being driven or parked thereon, between the hours of 10:30 p.m. and 5:00 a.m. of the following day, central time, unless accompanied by his or her parent, guardian or other adult person having his or her care, custody or control.
This article shall not apply to a child who is:
Performing an errand as directed by his or her parent, guardian or person having lawful custody.
On his or her own premises or on a sidewalk or street immediately adjacent thereto.
Returning immediately home from a supervised school, church or civic function or from a place of employment.
The application of these exceptions shall be made on a case-by-case basis. Nonetheless, children seeking to claim one of these exceptions shall use the most direct route to and from their homes and may be requested to provide confirmation from a parent, legal guardian, employer or other person in charge of a qualified event as to their reason for noncompliance with § 155-3.
The curfew hours for Fridays and Saturdays shall be extended to 12:00 midnight, thus running from 12:00 midnight to 5:00 a.m. the following Saturday and Sunday mornings.
This article shall be in full force and effect throughout the county, including in those municipalities which have not adopted their own juvenile curfew ordinances.
The parent, guardian or person having his or her care, custody or control with respect to any child cited for his/her second or subsequent violation of this article during a one-year period of time may be cited with a violation of this article for failure or refusal to exercise sufficient control over the child so as to have prevented a violation of § 155-3.
Violations of this article shall be subject to the following sanctions:
A child found guilty of his/her first violation during a period of one year shall forfeit $25 plus costs. For the second and each subsequent conviction during a one-year period the forfeiture shall be $25 plus costs.
The parent, guardian or person having his or her care, custody or control of a child subject to this article may, if the child is convicted of his or her second or subsequent violations during a period of one year, be subject to a forfeiture of $25 plus costs.
[Adopted by Ord. No. 98-9]
Persons otherwise constituting pupils in public or private secondary schools are prohibited from being truant or from being habitually truant. A pupil is deemed to be truant or habitually truant, subject to the definitions of those terms hereinafter set forth, if absent from school without an acceptable excuse under § 118.15 or 118.16(4), Wis. Stats.
For purposes of this article, the following terms shall be defined:
- 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 in which school is held during a school semester.
- A private or public secondary school.
- 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 any day on which school is held during a school semester.
Truancy. Upon finding a pupil to be truant, a court shall enter an order making one or more of the following dispositions:
An order for the person to attend school.
A forfeiture of not more than $50 plus costs for a first violation or 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 parents or guardian of the person, or both.
Habitual truancy. Upon finding a pupil to be habitually truant, the court shall enter an order making one or more of the following dispositions:
Suspension of the person's operating privilege for not less than 30 days nor more than one year. The court shall immediately take possession of any suspended license and forward it to the Department of Transportation together with a notice stating the reason for and duration of the suspension.
An order for the person to attend school.
A forfeiture of not more than $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.
Any other reasonable conditions consistent with this section, including a curfew, restrictions as to going to or remaining on specified premises and restrictions on associating with other children or adults.
An order placing the person under formal or informal supervision, as described in § 938.34(2), Wis. Stats., for up to one year.
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.