ORD2023.1486-Truancy
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1486
AN ORDINANCE TO ADD CHAPTER 334
TO THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Truancy)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN
AS FOLLOWS:
SECTION 1: Chapter 334 is hereby added to the Municipal Code of the City of
Muskego to read as follows:
§ 334-1. Definitions.
Acceptable excuse has the meaning as defined in Wis. Stats. §§ 118.15 and
118.16(4).
Act of commission or omission means anything that contributes to the truancy of a
student, whether or not the student is adjudged to be in need of protection or services, if
the natural and probable consequences of that act would be to cause the student to be
truant.
Dropout has the meaning as defined in Wis. Stats. § 118.153(1)(b).
Habitual truant means a student 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.
Truancy means any absence of part or all of one or more days from school during
which the School Resource Officer, Attendance Officer, Principal or Teacher has not
been notified of the legal cause of such absence by the parent or guardian of the absent
student; intermittent attendance carried on for the purpose of defeating the intent of Wis.
Stats. § 118.15 shall also be considered truancy and is not an acceptable excuse under
Wis. Stats. §§ 118.15 and 118.16(4) for part or all of any day on which school is held
during a school semester.
Truant means a student who is absent from school without an acceptable excuse under
Wis. Stats. §§ 118.15 and 118.16(4), for part or all of any day on which school is held
during a school semester.
§ 334-2. Prohibitions.
A. Prohibition against truancy. Any person between the ages of six (6) and eighteen
(18) years is prohibited from becoming a truant as the term is defined in this
section. Any police officer in the City is authorized to issue a citation to any such
person who is determined to be truant under the terms of this section. Any person
attending or required to attend school in the City between the ages of six (6) and
eighteen (18) years, subject to the exceptions found under Wis. Stats. § 118.15, is
prohibited from becoming a dropout as the term is defined in this section. Any
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police officer in this City is authorized to issue a citation to any such person who is
determined to be a dropout under the terms of this section.
B. Prohibition against habitual truant. Any person attending or required to attend
school in the City between the ages of six (6) and eighteen (18) years is prohibited
from becoming a habitual truant as the term is defined in this section. Any police
officer in the City is authorized to issue a citation to any such person who is
determined to be a habitual truant under the terms of this section. Prior to the
issuance of a citation for habitual truancy, the school Principal, or designee, shall
provide evidence to the School Resource Officer that appropriate school personnel
in the school in which the student is enrolled has, within the school semester
during which the truancy occurred:
1. Met with the child’s parent or guardian to discuss the child’s truancy or
attempted to meet with the child’s parent or guardian and received no response
or was refused;
2. Provided an opportunity for educational counseling to the student and
considered curriculum modifications under Wis. Stats. § 118.15(1)(d);
3. Evaluated the student to determine whether learning problems are the cause of
the truancy and, if so, taken steps to overcome the learning problems; and
4. Conducted an evaluation to determine whether social problems are the cause
of the student's truancy and, if so, taken appropriate action or made appropriate
referrals.
§ 334-3. Form of citation.
Any citation issued shall be returnable in the Municipal Court in the same manner as
all other ordinance citations are returnable. The citation is to state on its face that it is
a "must appear" citation, and no forfeiture amount is to be written on the face of the
citation.
§ 334-4. Finding and disposition of habitual truant.
Upon a finding of a person to be a habitual truant, the Court may impose one or more of
the following dispositions:
A. Suspension of operating privileges. Suspend the student's operating privilege, as
defined in Wis. Stats. § 340.01(40), 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 Wisconsin Department of Transportation, together with a Notice
setting forth the reason for the duration of the suspension.
B. Counseling service or work program. Order the student to participate in counseling,
a supervised work program or other community service work under Wis. Stats. §
938.34(5g). The costs of any such counseling, supervised work program or other
community service may be assessed against the student, the parents or guardian of
the student, or both.
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C. In-house restraint. Order the student to remain at home except for the hours in which
the student 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 the student to leave the home if the student is accompanied by a parent or
guardian.
D. Educational program. Order the student to attend an educational program as
described in Wis. Stats. § 938.34(7d).
E. Employment permit revocation. Order the Department of Workforce Development to
revoke, under Wis. Stats. § 103.72, a permit under said statute authorizing the
employment of the student.
F. Teen court program. Order the student 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 student's county of residence and the Municipal
Judge determines that participation in the Teen Court Program will likely benefit
the student and the community;
2. The student admits or pleads no contest in open court, with the student's parent,
guardian or legal custodian present, to the allegations that the student violated
the Municipal Ordinance enacted under Wis. Stats. § 118.163; and
3. The student has not successfully completed participation in a Teen Court
Program during the prior year before the date of the alleged Municipal Ordinance
violation.
G. Order to attend school. An Order for the student to attend school.
H. Forfeiture. A forfeiture of not more than $500.00, plus costs, subject to Wis. Stats. §
938.37. All or part of the forfeiture may be assessed against the student, the parents
or guardian of the student, or both.
I. Seizure of property. Order that one or more of the following items of personal
property be seized by the Court or authorized school officials upon approval and
relinquished by the student’s parents, legal guardian or care provider to be stored in
a secure manner at the Muskego Police Department for a period of time to be
determined by the Court, but not to exceed more than 60 days:
1. Cell phones of any kind;
2. iPods or other music listening devices;
3. Hand-held video game devices and/or games;
4. Other electronic devices;
5. Any other personal property deemed appropriate by the Court.
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J. Supervision. Any Order placing the student under formal or informal supervision, as
described in Wis. Stats. § 938.34(2), for up to one year.
K. Parental counseling.
1. An Order for the student's parents, guardian, or legal custodian to participate in
counseling at the parents', guardian's or legal custodian's expense; to attend
school with the student, or both.
2. No Order to any person under subsection (K) of this section may be entered until
the person is given an opportunity to be heard on the contemplated Order of the
Court. The Court shall cause Notice of the time, place and purpose of the
Hearing to be served on the person personally at least ten days before the date
of the Hearing. The procedure in these cases shall, as far as practicable, be the
same as in other cases to the court. At the Hearings, the person may be
represented by counsel and may produce and cross examine witnesses. Any
person who fails to comply with any Order issued by a Court under subsection
(K) of this section may be proceeded against for Contempt of Court.
L. Order to report to youth center. An Order for the person to report to a youth 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 Wis. Stats. § 938.342(1g)(k).
M. Condition. 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.
§ 334-5. Finding and disposition of truant.
Upon finding a person to be truant, the court may impose one or more of the following
dispositions:
A. An Order for the person to attend school.
B. A forfeiture of not more than $50.00 plus costs for a first violation, or a forfeiture of
not more than $100.00 plus costs for any second or subsequent violation committed
within 12 months of a previous violation, subject to Wis. Stats. § 938.37, and subject
to a maximum cumulative forfeiture of not more than $500.00 plus costs for all
violations committed during a school semester. All or part of the forfeiture plus costs
may be assessed against the truant, the parents or guardian of the truant, or both.
C. An Order for the person to report to a youth 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
Wis. Stats. § 938.342(1d)(c).
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§ 334-6. Finding and disposition of dropout.
Upon finding a person who is at least sixteen (16) years of age but less than eighteen
(18) years of age to be a dropout, the Court may impose one or more of the following
dispositions:
A. Suspend the person's operating privilege until the person reaches the age of
eighteen (18) years. The Court shall immediately take possession of any suspended
license and forward it to the Wisconsin Department of Transportation, together with
a Notice stating the reason for and the duration of the suspension.
B. If the Court finds that suspension of the person's operating privilege until age
eighteen (18) would cause an undue hardship to the person or his family, the Court
may instead enter any of the specific dispositions authorized for habitual truants.
§ 334-7. Required school attendance.
A. Any person having under his or her control a child who is between the ages of six (6)
and eighteen (18), subject to the exceptions found in § 118.15, Wis. Stats., shall
cause the child to attend school regularly during the full period and hours that the
school in which the child shall be enrolled is in session until the end of the school
term, quarter, or semester of the school year in which the child becomes eighteen
(18) years of age.
B. Exceptions:
1. A person will not be found in violation of this section if that person can prove that
he or she is unable to comply with the provisions of this section because of the
disobedience of the child. The child shall be referred to the Court assigned to
exercise jurisdiction under Ch. 48 and/or Ch. 938, Wis. Stats.
2. A person will not be found in violation of this section if he or she has a child
under his or her control and the child has been sanctioned under § 49.26(1)(h),
Wis. Stats.
C. Proof required for exacting a penalty. Before a person may be found guilty of
violating this subsection, the School Resource Officer must present evidence to the
Court that the activities under § 118.16(5), Wis. Stats., have been completed by the
school system; if that evidence has been presented to the Court, and if the Court
finds a person guilty of violating this subsection, a forfeiture may be assessed not to
exceed $500.00 plus costs.
§ 334-8. Contributing to truancy.
A. A person seventeen (17) years of age or older is hereby prohibited from performing
any act of commission or omission, which act encourages or contributes to a child’s
truancy from school.
B. Exceptions. This subsection does not apply to a person who has under his or her
control a child who has been sanctioned under the provisions of § 49.26(1)(h), Wis.
Stats.
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C. A person found guilty by the Court of violating this subsection shall be subject to a
forfeiture not to exceed $500.00 plus costs.
SECTION 2: The several sections of this Ordinance are declared to be severable. If any
section or portion thereof shall be declared by a decision of a court of competent
jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to the
specific section or portion thereof directly specified in the decision, and not affect the
validity of all other provisions, sections, or portion thereof of the Ordinance which shall
remain in full force and effect. Any other Ordinance whose terms are in conflict with the
provisions of this Ordinance is hereby repealed as to those terms that conflict.
SECTION 3: This ordinance is in full force and effect from and after passage and
publication subject to approval and recording of a Developer’s Agreement and Final Plat.
PASSED AND APPROVED THIS 9th DAY OF MAY 2023.
CITY OF MUSKEGO
_______________________________
Rick Petfalski, Mayor
First Reading: April 27, 2023
ATTEST:
______________________________
City Clerk
Notice of Ordinance Published: ___________________