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- 107 - Daytime Curfew for Minors During School
107 - Daytime Curfew for Minors During School Hours - Marinette
Ordinance #107
Juveniles
Daytime Curfew for Minors During School Hours - City of Marinette
CREATING MARINETTE MUNICIPAL CODE SECTION 11-2-21 ESTABLISHING A DAYTIME CURFEW FOR MINORS DURING SCHOOL HOURS
The Common Council of the City of Marinette, Wisconsin do ordain as follows:
Section 1. Marinette Municipal Code Section 11-2-21 shall be created to read as follows:
SEC. 11-2-21 DAYTIME CURFEW FOR MINORS DURING SCHOOL HOURS
(a) PURPOSE AND INTENT. It is the purpose of this ordinance to discourage children of compulsory school age from unauthorized absences and to impose penalties upon those students and also upon their parents or legal guardians. It is the intent of this ordinance to promote the development and welfare of these children by discouraging unauthorized absenteeism and encouraging school attendance. The Marinette Common Council hereby finds that daytime absence constitutes an increased risk to the public safety, health and welfare of the citizens of the City of Marinette.
(b) DEFINITIONS.
(1) "Responsible Adult" shall mean a person 18 years of age or older who has the mental competency to fulfill the duty of protecting and caring for the general welfare of a child and who has a written authorization from that child's parent or legal guardian designating the person as a responsible adult, naming the child involved and designating the time period during which the responsible adult shall have control of the child.
(2) "Subject to Compulsory School Attendance" shall include any child subject to mandatory school attendance under Wisconsin law In the school district of his residence, or any child found in the City of Marinette who would be subject to mandatory attendance if the child were a resident of the City of Marinette.
(c) OFFENSES.
(1) No child subject to compulsory school attendance shall be at any place within the City of Marinette, except in attendance at school or at the child's place of residence, during the hours when that child is required to be in attendance at either a public or private school as required by law, unless that child has written proof from school authorities excusing him/her from attending school at that particular time; or the child is accompanied by a parent, legal guardian or responsible adult selected by the parent or legal guardian who supervises the child; or that child is enrolled in a bona fide home schooling program.
(2) Parental Violation. Each parent or legal guardian of a child subject to the provisions of this ordinance shall have the duty to prevent that child from violating the provisions of this ordinance and each failure by that parent or guardian to do so is a separate offense.
(d) AFFIRMATIVE DEFENSES.
(1) It shall be an affirmative defense to subsections (c)(1) and (c)(2) that the child, at the time of the alleged violation, was not required by law to be in attendance at the school attended by the child.
(2) It shall be an affirmative defense to subsection (c)(2) that the parent or legal guardian is a petitioner in a currently pending juvenile court proceeding involving the child or such a proceeding in which the judge has retained ongoing supervision or jurisdiction.
(3) It shall be an affirmative defense to subsection (c)(1) and (c)(2) that at the time of the alleged violation the child was employed pursuant to a school sponsored program or was the recipient of a work permit issued by school authorities and the child was actually on the job or traveling to or from the job site or program location.
(4) It shall be an affirmative defense to subsections (c)(1) and (c)(2) that the child, at the time of the alleged violation, was enrolled in a bona fide home schooling program.
(5) Any party claiming an affirmative defense shall have the duty to prove the same to the same standard of proof required of the plaintiff in prosecuting the action.
(e) PENALTIES. A person who violates a provision of this section is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a forfeiture not to exceed $500.00 for an adult and $50.00 for a child.
Section 2. The provisions of this ordinance are declared to be severable. If any section, sentence, clause, phrase, or application of this ordinance is held to be invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining sections, sentences, clauses, phrases, or applications of this ordinance, which shall remain in effect. It is the legislative intent that this ordinance shall remain in effect notwithstanding the invalidity of any part or application of this ordinance.
Section 3. This ordinance shall take effect upon passage and publication as provided by law.
Juveniles
Daytime Curfew for Minors During School Hours - City of Marinette
CREATING MARINETTE MUNICIPAL CODE SECTION 11-2-21 ESTABLISHING A DAYTIME CURFEW FOR MINORS DURING SCHOOL HOURS
The Common Council of the City of Marinette, Wisconsin do ordain as follows:
Section 1. Marinette Municipal Code Section 11-2-21 shall be created to read as follows:
SEC. 11-2-21 DAYTIME CURFEW FOR MINORS DURING SCHOOL HOURS
(a) PURPOSE AND INTENT. It is the purpose of this ordinance to discourage children of compulsory school age from unauthorized absences and to impose penalties upon those students and also upon their parents or legal guardians. It is the intent of this ordinance to promote the development and welfare of these children by discouraging unauthorized absenteeism and encouraging school attendance. The Marinette Common Council hereby finds that daytime absence constitutes an increased risk to the public safety, health and welfare of the citizens of the City of Marinette.
(b) DEFINITIONS.
(1) "Responsible Adult" shall mean a person 18 years of age or older who has the mental competency to fulfill the duty of protecting and caring for the general welfare of a child and who has a written authorization from that child's parent or legal guardian designating the person as a responsible adult, naming the child involved and designating the time period during which the responsible adult shall have control of the child.
(2) "Subject to Compulsory School Attendance" shall include any child subject to mandatory school attendance under Wisconsin law In the school district of his residence, or any child found in the City of Marinette who would be subject to mandatory attendance if the child were a resident of the City of Marinette.
(c) OFFENSES.
(1) No child subject to compulsory school attendance shall be at any place within the City of Marinette, except in attendance at school or at the child's place of residence, during the hours when that child is required to be in attendance at either a public or private school as required by law, unless that child has written proof from school authorities excusing him/her from attending school at that particular time; or the child is accompanied by a parent, legal guardian or responsible adult selected by the parent or legal guardian who supervises the child; or that child is enrolled in a bona fide home schooling program.
(2) Parental Violation. Each parent or legal guardian of a child subject to the provisions of this ordinance shall have the duty to prevent that child from violating the provisions of this ordinance and each failure by that parent or guardian to do so is a separate offense.
(d) AFFIRMATIVE DEFENSES.
(1) It shall be an affirmative defense to subsections (c)(1) and (c)(2) that the child, at the time of the alleged violation, was not required by law to be in attendance at the school attended by the child.
(2) It shall be an affirmative defense to subsection (c)(2) that the parent or legal guardian is a petitioner in a currently pending juvenile court proceeding involving the child or such a proceeding in which the judge has retained ongoing supervision or jurisdiction.
(3) It shall be an affirmative defense to subsection (c)(1) and (c)(2) that at the time of the alleged violation the child was employed pursuant to a school sponsored program or was the recipient of a work permit issued by school authorities and the child was actually on the job or traveling to or from the job site or program location.
(4) It shall be an affirmative defense to subsections (c)(1) and (c)(2) that the child, at the time of the alleged violation, was enrolled in a bona fide home schooling program.
(5) Any party claiming an affirmative defense shall have the duty to prove the same to the same standard of proof required of the plaintiff in prosecuting the action.
(e) PENALTIES. A person who violates a provision of this section is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a forfeiture not to exceed $500.00 for an adult and $50.00 for a child.
Section 2. The provisions of this ordinance are declared to be severable. If any section, sentence, clause, phrase, or application of this ordinance is held to be invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining sections, sentences, clauses, phrases, or applications of this ordinance, which shall remain in effect. It is the legislative intent that this ordinance shall remain in effect notwithstanding the invalidity of any part or application of this ordinance.
Section 3. This ordinance shall take effect upon passage and publication as provided by law.