HomeMy WebLinkAboutOrdinance #2033 ORDINANCE NO 2033
AN ORDINANCE AMENDING CHAPTER 20 (TRUANC~ OF TITLE 6(POLICE
REGULATIONS) OF THE CANTON MUNICIPAL CODE
WHEREAS, truancy is a gateway to crime and one of the most powerful predictors of
juvenile delinquent behaviors; and
WHEREAS, the Illinois Municipal Code, 65 ILCS 5/11-5-9, provides that the corporate
authorities of the City may regulate truants within the City; and
WHEREAS, the City of Canton originally adopted a truancy ordinance on November 2,
1999; and
WHEREAS, any municipality that had a truancy ordinance prior to the enactment of
Public Act 94-1101 that is inconsistent with the provisions of the Act, must amend their punitive
truancy ordinance, accordingly; and
WHEREAS, after discussions between Canton Unit #66 and staff, the Legal and
Ordinance Committee has determined that it is necessary and in the best interests of the students
attending school within Canton, Illinois to amend Chapter 20 (Truancy) of Title 6(Police
Regulations) as it relates to truancy;
WHEREAS, the City Council has made a similar determination.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CANTON, Fulton County, Illinois, as follows:
Sectionl : That the foregoing recitals of fact are found to be true.
Section 2: That Chapter 20 (Truancy) of Title 6(Police Regulations) of the Canton
Municipal Code shall hereby be amended to read as follows:
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6-20-1: Definitions: The followin~ definitions shall applv to this Ordinance:
Minor: Any unemancipated person under ei~hteen (18) years of age.
Parent: A mother, father or le a~l ~uardian of a minor who has responsibilitv for the
health, welfare, care, maintenance and/or su~ervision of a minar.
Reli~ion: Includes all aspects of reli~ious observance and practice as well as belief
Truant: A minor under the a e of ei htg een (18) enrolled in a public private or parochial
school within the corporate limits of the City and who is absent without valid
cause from such attendance for a school day or portion thereof.
6-20-2: Prohibition: It shall be unlawful for any minor under the a e~ of ei htg een (18) enrolled
in public, private or parochial school within the corporate limits of the City to be absent without
valid cause from attendance for a school day or portion thereo£ An~person who shall so absent
himself or herself shall be guilty of the offense of truanc~
6-20-3: Valid Cause: It is a valid cause to be absent for a school dav or portion thereof due to:
l. Parental permission;
2. En~ ed in approved school related activities;
3. Illness;
4. Observation of a religious holida~
5. Death in the immediate familv;
6. Family emergenc~
7. And such other situations beyond the control of the student, as determined by the Board
of Education.
6-20-4: False Excuse Prohibited: It shall be an offense under this chapter for anv person to
knowingly submit to the proper school authorities a valid cause for absence under Section 6-20-3
of this Chapter that contains false information, includin f~
alsif~~~nature. A person
convicted of an offense under this section shall be subject to the penalty outlined in Section 6-20-
5, below.
6-20-5: Notice, Penalty and Payment of Fines:
l. Notice:
a. Pursuant to 65 ILCS 5/11-5-9, a school may disclose student's attendance records
to the Canton Police Department for the enforcement of this ordinance. The
Canton Police Department will not disclose the attendance information to any
other individual or entity, without prior written consent of the parent or ~uardian
except as necessarv to enforce this ordinance or as provided under State law. A
school will not transmit attendance records that pertain to a student's attendance
on or after the date the student's parent gives the school notice that the parent is
withdrawing the student from the school.
b. The Police Department will issue a written notice to the truant or the truant's
parent via hand delivery or via re~ular mail to the last address on file with the
school only upon receipt of a truant's attendance record.
c. If the violator fails to appear at the Canton Police Department to pay the requisite
fine within ten (l0~ys from the date the notice was delivered or mailed, a
citation will be issued to violator.
2. Penalty
a. An~person guiltv of a violation of this Section, shall be fined a penalty of no less
than fifty dollars ($50.00) for the first violation in one school vear.
b. An~person ~uilty of a violation of this Section, shall be fined a penalty of no less
than seventv-five dollars ($75.00) for the second violation in one school vear.
c. Any person u~ilty of a violation of this Section, shall be fined a penaltv of no less
than one hundred dollars ($100.00) for the third and anv subsequent violations in
one school years.
3. Community Service: Community service work may be sentenced in addition to, or as an
alternative to, any fines issued. Where a violator fails to perform the communitv service,
the term of communitv service mav be increased or may be converted to a fine.
4. Separate Offenses: Each dav or portion for each day that a person is truant shall
constitute a separate offense.
Section 3: In the event a court of competent jurisdiction finds this ordinance or any provision
hereof to be invalid or unenforceable as applied, such finding shall not affect the validity of the
remaining provisions of this ordinance and the application thereof to the greatest extent
permitted by law.
Section 4: All ordinances or parts of ordinances in conflict herewith are herby repealed;
provided, however, that nothing herein contained shall affect any rights, actions, or causes of
action which shall have accrued to the City of Canton prior to the date of this ordinance.
Section 5: After its passage, this Ordinance shall be effective and commence 120 days after
this Ordinance is printed in book or pamphlet form and published by the authority of the
corporate authorities.
PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting
this 18 day of May, 2011 upon a roll call vote as follows:
AYES: Aldermen Schenck, Fritz, West, Nelson, Ellis, Pickel, Hartford
NAYS: None
ABSENT: None
- QVED:
,/r
Kevin R. eade, Mayor
ATT ST:
Di ucker, City Clerk