2003-178ORDINANCE NO. 2003-178
An Ordinance repealing and recreating danesville General Ordinance Chapter 9. 52 based upon
changes to and as permitted by I, Visconsin State Statutes, with penalties and other relief for violations
thereof as set forth in revised danesville General Ordinance Section 9.52.070.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS:
SECTION I. Chapter 9.52 of the Code of General Ordinances of the City of Janesville is hereby
repealed and recreated to read as follows:
"CHAPTER9.52
TRUANCY
CONT~BUTINGTOTRUANCY
9.52.010
9.52.020
9.52.030
9.52.040
9.52.050
9.52.060
9.52.070
Definitions.
Adoption of State Truancy and Contributing to Truancy Laws.
Prohibition of Truancy and Habitual Truancy.
Dropouts.
Prohibition of Contributing to Truancy.
Prohibition of Violating State Truancy Laws.
Penalty.
9.52.010 Definitions.
A. "Acceptable Excuse" means an acceptable excuse as defined in Sections 118.15 and
118.16(4) of the Wisconsin Statutes, as from time to time amended, revised, or renumbered.
B. "Habitual truant" means any person who is absent from school without an acceptable
excuse for part or all of five (5) or more days on which school is held during a semester.
C. "Truancy" is as defined by Section 118.15 and 118.16 of the Wisconsin Statutes, as
from time to time amended, revised, or renumbered.
D. "Truant" means pupil who is absent from school without an acceptable excuse for part
or all of any day on which school is held during a school semester.
E. "Dropout" means a child who has ceased to attend school, does not attend a public or
private 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) of the Wisconsin Statutes, as from time to time amended, revised, or renumbered.
9.52.020 Adoption of State Truancy and Contributing to Truancy Laws.
A. Any and all Wisconsin Statutes pertaining to and governing truancy and contributing to
truancy, as may be from time to time amended, revised, or renumbered, are hereby adopted by
reference and incorporated herein as if fully set forth. Any act prohibited by State law is prohibited by
this ordinance.
B. In the event that any provision of this chapter conflicts with any provision of State law,
the State law shall govern.
9.52.030 Prohibition of Truancy and Habitual Truancy. No person who has not completed the
end of the semester on his/her eighteenth (18) birthday shall be a truant or habitual truant.
9.52.040 Dropouts. No person under the age of eighteen (18) shall cease to attend school unless
he/she attends a public or private school, technical college or home-based private educational program
on a full-time basis or has an acceptable excuse under Section 118.15(1)(b) to (d) or (3) of the
Wisconsin Statutes, as from time to time amended, revised, or renumbered.
9.52.050 Prohibition of Contributing to Truancy.
A. No person seventeen (17) years of age or older shall by any act or omission knowingly
encourage or contribute to the truancy of any person.
B. An act or omission contributes to the truancy of a person, whether or not the person 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 person to be truant.
C. In a prosecution under this section, if the defendant proves that he or she is unable to
comply with the law 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.
D. This prohibition does not apply to a person who has under his/her control a person who
has been sanctioned under Section 49.26(1)(h) of the Wisconsin Statutes, as from time to time
amended, revised, or renumbered.
9.52.060 Prohibition of Violating State Truancy Laws. No person may violate any provision of
Wisconsin's truancy statutes, as from time to time, amended, revised, or renumbered.
9.52.070 Penalty.
A. Habitual Truancy. Any person who violates any provision of this chapter related to
habitual truancy shall be subject to one or more of the following dispositions and orders of the court,
pursuant to Section 938.342(lg) of the Wisconsin Statutes, as from time to time amended, revised, or
renumbered:
1. Suspension of the person's Wisconsin motor vehicle operating privilege(s), as
defined in Section 340.01 (40) of the Wisconsin Statutes as from time to time amended, revised, or
renumbered, for not less than thirty (30) days nor more than one (1) year, in which event the court shall
immediately seize and take into possession any and all such suspended license(s) and forward same to
the Wisconsin Department of Transportation together with a notice stating the reason(s) for and the
duration of the suspension.
2. An order for the person to participate in counseling, community service, or a
supervised work program, pursuant to Section 938.34(5g) of the Wisconsin Statutes, as from time to
time amended, revised, or renumbered. 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.
3. An order for the person to remain at home except during such hours as the
person is attending religious worship or a school program, including travel time reasonably necessary
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.
4. An order for the person to attend an educational program, pursuant to Section
938.74(7d) of the Wisconsin Statutes, as from time to time amended, revised, or renumbered.
5. An order for the department ofworkforce development to revoke, under Section
103.72 of the Wisconsin Statutes, as from time to time amended, revised, or renumbered, a permit
under Section 103.70 of the Wisconsin Statutes, as from time to time amended, revised, or
renumbered, authorizing employment of the person.
6. An order for the person to be placed in a teen court program as described in
Section 938.342(lg)(f') of the Wisconsin Statutes, as from time to time amended, revised, or
renumbered.
7. An order for the person to attend school.
8. A forfeiture of not more than $500.00 plus costs subject to Section 938.37 of the
Wisconsin Statutes, as from time to time amended, revised, or renumbered. All or part of the forfeiture
plus costs may be assessed against the person, the parents or guardian of the person, or both. No court
costs or penalty assessments may be imposed on a person less than fourteen (14) years of age.
9. Any other reasonable conditions consistent with state law, including a curfew,
restrictions as to going to or remaining on specified premises, and restrictions on associating with other
children or adults.
10. An order placing the person under formal or informal supervision, as described
in Section 938.34(2) of the Wisconsin Statutes, as from time to time amended, revised, or renumbered,
for up to one year.
11. 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.
12. An order for the person to report to a youth report center after school, in the
evening, on weekends, on other nonschool days, or at any other time that the person is not under
immediate adult supervision, for participation in the social, behavioral, academic, community service,
and other programming of the center as described in Section 938.342 (lg) (k) of the Wisconsin
Statutes, as from time to time amended, revised, or renumbered.
B. Truant. Any person who violates any provision of this chapter related to
truancy shall be subject to one or more of the following dispositions and orders of the court, pursuant
to Section 938.342 of the Wisconsin Statutes, as from time to time amended, revised, or renumbered:
1. An order for the person to attend school.
violation; or
A forfeiture of not more than Fifty Dollars ($50.00) plus costs for a first
b. 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.
Forfeitures are subject to Section 938.37 of the Wisconsin Statutes, as from time to time
amended, revised, or renumbered, 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. No court costs or penalty assessments may be imposed on a person less than fourteen (14) years
of age.
C. Dropouts. Any person who is at least 16 years of age but less than 18 years of age and
is a dropout shall be subject to a suspension of the person's Wisconsin motor vehicle operating
privilege(s), pursuant to Section 118.163(2m) of the Wisconsin Statutes, as from time to time
amended, revised, or renumbered and as defined in Section 340.01(40) of the Wisconsin Statutes as
from time to time amended, revised, or renumbered. Any such suspension shall be in effect until the
person reaches the age of 18. At the time of suspension under this Chapter, the court shall immediately
seize and take into possession any and all such suspended license(s) and forward same to the
Wisconsin Department of Transportation together with a notice stating the reason(s) for and the
duration of the suspension.
D. Adult. Any person who contributes to truancy as set forth in this Chapter shall forfeit
and pay to the City a penalty as follows:
1. a. For the first offense, a forfeiture of not less than Fifty Dollars ($50.00) nor
more than Five Hundred Dollars ($500.00); or
b. For a second or subsequent offense, by a forfeiture of not less than One
Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00).
2. To each such forfeiture the Court shall add and impose against the violator all
customary court costs, penalties, assessments, and fees.
3. Upon default in payment of the imposed forfeiture, such convicted person shall
be incarcerated for not more than ninety (90) days and/or have his/her Wisconsin motor vehicle
operating privilege(s) suspended and/or revoked for such period of time as the court deems proper, in
accord with applicable law and as otherwise provided by law."
SECTION II. This Ordinance shall go into effect immediately upon adoption by the Janesville Common
Council, the public health, welfare, safety, peace, tranquility and good order so requiring.
ADOPTED: June 23, 2003
APPROVED:
Steven E. Sheiffer, City Manager
ATTEST:
d~(~ Wulf, City
Ann Clerk-Tre~/urer
APPROVED AS TO FORM:
Assistant C~y Attorney
Proposed by: George Brunner, Police Chief
Prepared by: H. Hanau, Assistant City Attorney
MOTION BY: Steeber
SECOND BY: Murphy
COUNCILMEMBER AYE NAY PASS ABSENT
ADDLE X
MURPHY X
DEGARMO X
STEEBER X
WILLIAMS X
BRIEN X
WELLNITZ X