Loading...
HomeMy WebLinkAboutOrdinances - MC-16-1140 - 12/05/2016 - AMEND MC CHP 14 TRUANCY ORDINANCEORDINANCE NO. MC-16-1140 AN ORDINANCE AMENDING CHAPTER 14, OFFENSES — MISCELLANEOUS OF THE CITY OF MCHENR Y MUNICIPAL CODE WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois. WHEREAS, Section 11-5-9 of the Illinois Municipal Code (65 ILCS 5/11-5-9) authorizes the corporate authorities of a municipality to adopt an ordinance regulating truants within its jurisdiction provided they are not inconsistent with the provisions of that section; and WHEREAS, the City of McHenry finds that it is necessary and desirable to regulate truants in order to further the public interest and serve the public purposes of education. NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF McHENRY, McHenry County, Illinois, as follows: SECTION l: Chapter 14, Offenses — Miscellaneous, of the McHenry Municipal Code is amended to create Article V, Minors, as follows with the formatting to be coordinated by the City Administrator: ARTICLE V. MINORS Sec. 14-78. Definitions (1) Legal Guardian means any foster parent, or any person appointed guardian, or otherwise awarded custody of a minor by a court of law in this state, or any person appointed guardian or given custody of a minor under the Juvenile Court Act (705 ILCS 405/1-1 et seq.), but shall not include any person appointed guardian only to the estate of a minor. (2) Parent means the father or mother of a minor child, whether by birth or adoption. In the event that the minors' parents are divorced or separated within the meaning of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 51101 et seq.), the parent having lawful physical custody of the minor shall be deemed to be the parent authorized to give consent as required by this section. (3) Valid Cause, for absence shall be illness, observance of a religious holiday, death in the immediate family, family emergency, and shall include such other situations beyond the control of the student as determined by the board of education in each district, or such other circumstances which cause reasonable concern to the parent for the safety or health of the student. Sec. 14-79. Truancy Prohibited It shall be unlawful for any person who is required by law to attend school and who is subject to the compulsory attendance requirements of the Illinois School Code and enrolled in grades 1 through 12 in a public, private (including a home school), or parochial school to absent himself or herself from attendance at school during the hours in which he or she is enrolled without valid cause or the permission of a parent, legal guardian, or the school in which they are enrolled. Any person who shall so absent himself or herself shall be guilty of the offense of truancy and shall be subject to the penalties set for in this section. Sec. 14-80. Exemptions In addition to being absent for valid cause as defined herein, a minor shall not be considered truant where he or she is: (1) Accompanied by a parent, legal guardian or school official; (2) Engaged in approved school related activities; (3) Engaged in lawful employment, provided that the school board of the public school district in which that child resides has recommended the employment and has certified the facts concerning such employment; (4) Physically or mentally unable to attend school due to a disability and such disability has been certified in accordance with Section 26-1(2) of the Illinois School Code (105 ILCS 5/26-1(2)); or (5) Subject to any other defense and/or exception set forth in the Illinois School Code (105 ILCS 511-1 et seq.) for compulsory attendance or enrollment in school. Sec. 14-81. Parental Responsibility. It shall be unlawful for any parent, legal guardian or other person to permit a person in his or her custody or control to commit the offense of truancy. Sec. 14-82. Contributing to the Delinquency. It shall be unlawful for any person eighteen (18) years of age or older to perform any act of commission or omission which encourages or contributes to the truancy of any person. Sec. 14-83. Penalty. A truant who is thirteen (13) years of age or older, or his or her parent(s), guardian(s) or legal custodian(s), but not both, who violate the provisions of this Article is subject to a fine of up to one hundred dollars ($100.00). The parent(s), guardian(s) or legal custodian(s) of a truant who is under thirteen (13) years of age is subject to a fine of up to one hundred dollars ($100.00) if the minor, or his or her parent(s), guardian(s) or legal custodian(s), violate the provisions of this Section. SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form (which publication is hereby authorized) as provided by law. PASSED AND APPROVED THIS Sth DAY OF DECEMBER 2016. Voting Aye: CONDON, PETERSON, CURRY, GLAB, SANTI Voting Nay: NONE Not Voting: NONE Absent: SCHAEFER, WIMMER Abstain: NONE Mayor ATTEST: