A. Definitions: As used in this section, the following terms shall have the meanings indicated:
DROPOUT: Has the meaning given in section 118.153(1)(b), Wisconsin Statutes, specifically, 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 section 118.15(1)(b) to (d) or (3), Wisconsin Statutes.
HABITUAL TRUANT: Has the meaning given in section 118.16(1)(a), Wisconsin Statutes, specifically, a pupil who is absent from school without an acceptable excuse under sections 118.15 and 118.16(4), Wisconsin Statutes, for part or all of five (5) or more days on which school is held during a school semester.
MINOR: Means any person under the age of eighteen (18) years.
OPERATING PRIVILEGE: Has the meaning given in section 340.01(40), Wisconsin Statutes, specifically, in the case of a person who is licensed under Chapter 343, Wisconsin Statutes, the license, including every endorsement and authorization to operate vehicles of specific vehicle classes or types, instruction permit, and temporary, restricted or occupational license granted to such person. In the case of a resident of this state who is not so licensed, it means the privilege to secure a license under Chapter 343, Wisconsin Statute; in the case of a nonresident, it means the operating privilege granted by sections 343.05(2)(a)2. or (4) (b) 1, Wisconsin Statutes.
TRUANT: Has the meaning given in section 118.163(1)(d), Wisconsin Statutes, specifically, a pupil who is absent from school without an acceptable excuse under sections 118.15 and 118.16(4), Wisconsin Statutes, for part or all of any day on which school is held during a school semester.
B. Offenses:
1. No person under the age of eighteen (18) years shall be a truant from school.
2. No person under the age of eighteen (18) years shall be a habitual truant from school.
3. No person who is at least sixteen (16) years of age, but less than eighteen (18) years of age, shall be a dropout.
4. Any person who is eighteen (18) years of age or older is prohibited from knowingly contributing to the truancy of a child by any act or omission or by failing to make reasonable efforts to prevent such truancy. An act or omission contributes to the truancy of a child if the natural and probable consequences of that act or omission would cause the child to be truant. A parent or guardian of a minor who is truant is subject to this section.
C. Penalty:
1. Truant: Any person who is deemed to be a truant contrary to section 5-2-5B1 above shall be subject to one or more of the following dispositions by the court:
a. An order for the person to attend school.
b. A forfeiture of not more than fifty dollars ($50.00) plus costs for a first violation; or a forfeiture of not more than one hundred dollars ($100.00) plus costs for any second or subsequent violation committed within twelve (12) months of a previous violation, subject to section 938.37, Wisconsin Statutes; and subject to a maximum cumulative forfeiture amount of not more than five hundred dollars ($500.00) 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.
2. Habitual Truant: Any person who is deemed to be a habitual truant contrary to section 5-2-5B2 may be subject to one (1) or more of the following dispositions by the court:
a. The suspension of the person's operating privilege for not less than thirty (30) days nor more than one (1) 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.
b. An order for the person to participate in counseling or a supervised work program or other community service work as described in section 938.34(5g), Wisconsin Statutes. 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.
c. 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.
d. An order for the person to attend an educational program as described in section 938.34(7d), Wisconsin Statutes.
e. An order for the department of workforce development to revoke, under section 103.72, Wisconsin Statutes, a permit under section 103.70, Wisconsin Statutes, authorizing the employment of the person.
f. An order for the person to be placed in a teen court program as described in section 938.342(1g)(f), Wisconsin Statutes.
g. An order for the person to attend school.
h. A forfeiture of not more than five hundred dollars ($500.00) plus costs, subject to section 938.37, Wisconsin Statutes. All or part of the forfeiture plus costs may be assessed against the person, the parents or guardian of the person, or both.
i. Any other reasonable conditions consistent with this ordinance and section 118.163, Wisconsin Statutes, including a curfew, restrictions as to going to or remaining on a specified premises, and restrictions on associating with other children or adults.
j. An order placing the person under formal or informal supervision as described in section 938.34(2), Wisconsin Statutes for up to one (1) year.
k. 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.
3. Dropout: Any person who is deemed to be a dropout contrary to section 5-2-5B3 above may be subject to the court suspending the person's operating privileges until the person reaches the age of eighteen (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.
4. Contributing To Truancy: Any person who is deemed to be contributing to truancy contrary to section 5-2-5B4 above shall be subject to a forfeiture of not less than fifty dollars ($50.00) plus costs for a first offense and not less than one hundred dollars ($100.00) plus costs for second and subsequent offenses within twelve (12) months. Each violation and each day a violation continues or occurs shall constitute a separate offense.
D. Incorporation Of Statutes: The State statutes identified in this section, and section 118.163, Wisconsin Statutes, are incorporated herein by reference, and any future amendments, revisions or modifications to these statutes are intended to be made a part of this section.
(Ord. 2019-16, 8-5-2019)