Village of Monticello, WI
Green County
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Table of Contents
Table of Contents
(a) 
Discharge and possession of firearms regulated. No person, except a police officer or other law enforcement officer in the performance of an official duty, shall fire or discharge any firearm, rifle, spring gun, air gun or pneumatic pellet gun of any description, or bow and arrow, within, the Village or have any firearm, rifle, spring gun, air gun or pneumatic pellet gun or bow and arrow, in his possession or under his control unless it is unloaded and enclosed or encased within a carrying case or other suitable container pursuant to State law.
(b) 
Shooting into Village limits. No person shall in the territory adjacent to the Village discharge any firearm in such manner that the discharge shall enter or fall within the Village of Monticello.
(c) 
Shooting ranges. This section shall not prevent the maintenance and use of duly supervised rifle or pistol ranges or shooting galleries approved by the Village Board, after an advisory recommendation from the Chief of Police, where proper safety precautions are taken.
(d) 
Explosive devices. No person shall discharge or detonate any dynamite, nitroglycerin or other explosive within the Village without first obtaining a permit to do so from the Village Board.
(e) 
Hunting prohibited. Hunting is prohibited within the corporate limits of the Village of Monticello.
(f) 
Definitions. For purposes of this section, a firearm is defined as any instrumentality from or with which a shot, bullet or pellet may be discharged or expelled, regardless of whether the propelling force is provided by air, spring or other similar mechanical device, or gun powder.
[Amended by Ord. No. 2014-0507]
(a) 
Concealed weapons.
(1) 
No person shall within the Village wear or in any manner carry under his clothes or conceal upon or about his person any deadly or dangerous weapon, unless a valid license to carry a concealed weapon as designated under Wis. Stats. § 175.60 has been duly issued. This Subsection shall not apply to a peace or law enforcement officer or member of the military in the line of duty as defined in Wisconsin Statutes.
(2) 
"Dangerous weapon" means any firearm, whether loaded or unloaded, or any device designed as a weapon and capable of producing death or great bodily harm, or any other device or instrumentality which, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm.
(b) 
Concealed weapons in school buildings prohibited. No person, except peace or law enforcement officer or member of the military in the line of duty as defined in Wisconsin Statutes, may carry; possess, or control a firearm in a public library, the public pool, or within the fenced public pool grounds. A person who has a valid license to carry a concealed weapon or out of state concealed carry weapon licensee may possess a weapon or firearm within 1,000 feet of the grounds of a school, but not in or on school grounds or parking lots. These restrictions do not apply to a person who drives a motor vehicle in which a weapon or firearm is located onto school premises for school sanctioned purposes or for the purpose of delivering or picking up passengers or property if the weapon is not removed from the vehicle or used in any way.
(c) 
Specific concealed weapons prohibited. No person, except a sheriff, constable, police officer or other law enforcement officer acting within the scope of their duties, shall carry or wear concealed about his person any, sling shot, crossknuckle of lead, brass or other materials, switchblade, or any other dangerous or deadly weapon which does not fit within the definition of "weapon" under § 175.60(1)(j), Wis. Stat. within the Village.
(d) 
Possession, sale and manufacture of certain weapons prohibited.
(1) 
No person shall sell, manufacture, purchase, possess or carry a "Numchuk" (also called a "Nunchaku") or a "Churkin" or a "Sucbai" or similar weapon within the Village of Monticello.
(2) 
For the purpose of this section, the following definitions shall apply:
CHURKIN
A round throwing knife consisting of several sharp points protruding from a rounded disc.
NUMCHUK or NUNCHAKU
An instrument consisting of two or more sticks, clubs or rods connected by a rope, cord, wire or chain.
SUCBAI
A short length of wood or metal or similar material which when gripped in the hand protrudes on either side of the fist. Such prohibited instrument may or may not have spikes or short pointed protrusions from either end.
(3) 
Any such device shall be seized by a law enforcement officer and destroyed or turned over to the State of Wisconsin Crime Laboratory for destruction.
[Amended by Ord. No. 2014-0507]
(a) 
Definitions. In this section:
AIRCRAFT
Has the meaning given under § 114.002(3), Wis. Stats.
ENCASED
Enclosed in a case that is expressly made for the purpose of containing a firearm and that is completely zipped, snapped, buckled, tied or otherwise fastened with no part of the firearm exposed.
FIREARM
A weapon that acts by force of gunpowder.
HIGHWAY
Has the meaning given under § 340.01(22), Wis. Stats.
MOTORBOAT
Has the meaning given under § 30.50(6), Wis. Stats.
ROADWAY
Has the meaning given under § 340.01(54), Wis. Stats.
UNLOADED
Any of the following:
(1) 
Having no shell or cartridge in the chamber of a firearm or in the magazine attached to a firearm.
(2) 
In the case of a cap lock muzzle-loading firearm, having the cap removed.
(3) 
In the case of a flint lock muzzle-loading firearm, having the flash pan cleaned of powder.
(4) 
In the case of an electronic ignition muzzle-loading firearm, having the battery removed and disconnected from the firearm.
VEHICLE
Has the meaning given under § 340.01(74), Wis. Stats., but includes a snowmobile, as defined under § 340.01(58a), Wis. Stats., and all-terrain vehicle, as defined in § 340.01(2g), and an electric personal assistive mobility device, as defined in § 340.01(15pm).
(b) 
Prohibitions; motorboats and vehicles; highways and roadways.
(1) 
Except as provided in Subsection (c), no person may place, possess or transport a firearm, bow or crossbow in or on a motorboat with the motor running, unless one of the following apply:
a. 
The firearm is unloaded or is a handgun.
b. 
The bow does not have an arrow nocked or is unstrung.
c. 
The crossbow is not cocked or is unloaded and enclosed in a carrying case.
(2) 
Except as provided in Subsection (c), no person may place, possess or transport a firearm, bow or crossbow in or on a vehicle, unless one of the following applies:
a. 
The firearm is unloaded or is a handgun.
b. 
The bow does not have an arrow nocked or is unstrung.
c. 
The crossbow is not cocked or is unloaded and enclosed in a carrying case.
(3) 
Except as provided in Subsection (c), no person may load a firearm, other than a handgun, or discharge firearm or shoot a bolt or an arrow from a bow or crossbow in or from a vehicle.
(4) 
Except as provided in Subsection (c), no person may load a firearm, other than a handgun, or discharge a firearm or shoot a bolt or an arrow from a bow or crossbow from or across a highway or within 50 feet in the center of a road.
(5) 
A person who violates Subsections (1) through (4) above is subject to a forfeiture of not more than $100.
(c) 
Exceptions.
(1) 
Subsection (b) does not apply to any of the following who, in the line of duty, place, possess, transport, load or discharge a firearm in, on or from a vehicle, motorboat or aircraft or discharge a firearm in, on or from a vehicle, motorboat or aircraft or discharge a firearm from or across a highway or within 50 feet of the center of a roadway:
a. 
A peace officer, as defined under § 939.22(22), Wis. Stats.
b. 
A member of the U.S. armed forces.
c. 
A member of the National Guard.
d. 
A private security person who meets all the following requirements stated in § 167.31(4)(a)4.
(2) 
Subsections (b)(1), (2) and (3) do not apply to a firearm that is placed or possessed on a vehicle that is stationary.
(3) 
Subsections (b)(1), (2) and (3) do not apply to the holder of a scientific research license under Wis. Stat. 169.25 or a scientific collector permit under Wis. State. 29.614 who is using a net gun or tranquilizer gun in an activity related to the purpose for which the license or permit was issued.
(4) 
Subsection (b)(2) does not prohibit a person from leaning an unloaded firearm against a vehicle.
(5) 
Subsection (b)(4) does not apply to a person who is legally hunting small game with a muzzle-loading firearm or with a shotgun loaded with shot shell or chilled shot number BB or smaller, if the surface of the highway or roadway is anything other than concrete or blacktop.
[Amended by Ord. No. 2014-0507]
(a) 
It shall be unlawful for any person to discharge or throw by any means any dangerous missile, object, arrow, stone, snowball or other missile on any property owned or leased by the Village of Monticello, or within 100 yards of any building within the boundaries of the Village of Monticello.
(b) 
Exceptions.
(1) 
A person may hunt with a bow and arrow or crossbow within 100 yards of a building if granted express permission from the owner of the land upon which the building is located, provided that the any person who hunts with the bow and arrow or crossbow to discharges the arrow or bolt from the respective weapon toward the ground.
(2) 
Upon written application to the Chief of Police and Village Board, a person may be granted permission by the Village Board to construct and maintain supervised archery ranges if, in the opinion of the Village Board, the construction or maintenance of such ranges will not endanger the public health and safety.
[Amended 5-6-2009 by Ord. No. 2009-0506]
Whoever commits any of the following acts shall be subject to the general penalty as provided in § 1-1-7 of this Municipal Code:
(a) 
Makes any comment, request, suggestion or proposal which is obscene, lewd, lascivious or indecent;
(b) 
Makes a wireless/cell telephone call, where conversation does not ensue, and initiates and completes image transmission or text messaging, with the intent to abuse, threaten or harass any person at the called number or numbers;
(c) 
Makes or causes the land-based or wireless/cell telephone of another repeatedly or continuously to ring, with intent to harass any person at the called number or numbers;
(d) 
Makes repeated land-based or wireless/cell telephone calls, during which conversation ensures, solely to abuse, threaten or harass any person at the called number or numbers;
(e) 
Knowingly permits any land-based or wireless/cell telephone under his control to be used for any purpose prohibited by this section;
(f) 
In conspiracy or concerted action with other persons, makes repeated or simultaneous land-based or wireless/cell telephone calls solely to harass any person at the called number or numbers.
No person shall sell, expose or offer for sale, use, keep, discharge or explode any fireworks except toy pistol paper caps, sparklers and toy snakes within the limits of the Village unless he shall be authorized by a fireworks permit as provided in Title 7, Chapter 7, of this Code of Ordinances. The term "fireworks" as used in this section shall be defined as provided in § 167.10(1), Wis. Stats., and shall be deemed to include all rockets or similar missiles containing explosive fuel.
(a) 
Obstructing streets. No person shall stand, sit, loaf or loiter or engage in any sport or exercise on any public street, bridge or public ground within the Village in such manner as to prevent or obstruct the free passage of pedestrian or vehicular traffic thereon or to prevent or hinder free ingress or egress to or from any place of business or amusement, church, public hall or meeting place.
(b) 
Blocking sidewalk prohibited. No person shall block any sidewalk by obstructing the same so that it is impossible for a pedestrian to travel along the sidewall without leaving the sidewalk and walking on adjacent property or on the street.
(c) 
Free speech. This section shall not be interpreted as prohibiting any person from stopping on any sidewalk to talk or to make a speech, provided that such person shall not stand in such a location that it is impossible for any pedestrian to travel along the sidewalk without leaving the sidewalk and walking on adjacent property or on the street. If two or more persons are engaged in talking while stopped on a sidewalk, they shall not stand in such locations as to completely prevent any pedestrian from passing them on the sidewalk.
(d) 
Definitions. As used in this section, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:
BLOCK
To interfere with unobstructed travel by any means, including but not limited to standing on the part of the walk that is fit for travel, or placing any object or vehicle whatsoever on such walk.
SIDEWALK
Any sidewalk owned or maintained by the Village. The term shall not include sidewalks or walkways on private property in shopping centers, apartment complexes, office building sites or any other private property.
No person shall loiter or prowl in a place, at a time or in a manner not usual for law abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the person takes flight upon appearance of a police or peace officer, refuses to identify himself or manifestly endeavors to conceal himself or any object. Unless flight by the person or other circumstances makes it impracticable, a police or peace officer shall, prior to any arrest for an offense under this section, afford the person an opportunity to dispel any alarm which would otherwise be warranted, by requesting him to identify himself and explain his presence and conduct. No person shall be convicted of an offense under this Subsection if the police or peace officer did not comply with the preceding sentence, or if it appears at trial that the explanation given by the person was true and, if believed by the police or peace officer at the time, would have dispelled the alarm.
(a) 
Loud and unnecessary noise prohibited. It shall be unlawful for any person to make, continue or cause to be made or continued any loud and unnecessary noise.
(b) 
Types of loud and unnecessary noises. The following acts are declared to be loud, disturbing and unnecessary noises in violation of this section, but this enumeration shall not be deemed to be exclusive:
(1) 
Horns, signaling devices. The sounding of any horn or signaling device on any automobile, motorcycle or other vehicle on any street or public place in the Village for longer than three seconds in any period of one minute or less, except as a danger warning; the creation of an unreasonable loud or harsh sound by means of any signaling device and the sounding of any plainly audible device for an unnecessary and unreasonable period of time; the use of any signaling device except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust and the use of any signaling device when traffic is for any reason held up.
(2) 
Radios, phonographs, similar devices. The using, operating or permitting to be played, used or operated any radio receiving set; musical instrument, phonograph or other machine or device for the producing or reproducing of sound in a loud and unnecessary manner. The operation of any set, instrument, phonograph, machine or device between the hours of 10:00 p.m. and 7:00 a.m. in a manner as to be plainly audible at the properly line of the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section.
(3) 
Loudspeakers, amplifiers for advertising. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting attention of the public to any building or structure. Announcements over loudspeakers can only be made by the announcer in person and without the aid of any mechanical device.
(4) 
Animals, birds. The keeping of any animal or bird which causes frequent or long continued unnecessary noise.
(5) 
Steam whistles. The blowing of any steam whistle attached to any stationary boiler except to give notice of the time to begin or stop work or as a warning of fire or danger or upon request of proper Village authorities.
(6) 
Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine or motor boat except through a muffle or other device which will effectively prevent loud or explosive noises therefrom.
(7) 
Construction or repair of buildings. The erection (including excavation), demolition, alteration or repair of any building, as well as the operation of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist, or any other similar equipment attended by loud or unusual noise, other than between the hours of 7:00 a.m. and 10:00 p.m.; provided, however, the Building Inspector shall have the authority, upon determining that the loss of inconvenience which would result to any party in interest would be extraordinary and of such nature as to warrant special consideration, to grant a permit for a period necessary within which time such work and operation may take place within the hours of 10:00 p.m. to 7:00 a.m.
(8) 
Schools, courts, churches, hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while in use, or adjacent to any hospital, which unreasonably interferes with the normal operation of that institution, or which disturbs or unduly annoys patients in the hospital provided that conspicuous signs are displayed in those streets indicating a school, hospital or court street.
(9) 
The provisions of this section shall not apply to:
a. 
Any vehicle of the Village while engaged in necessary public business.
b. 
Excavations or repairs of streets or other public construction by or on behalf of the Village, County, or State at night when public welfare and convenience renders it impossible to perform such work during the day.
c. 
The reasonable use of amplifiers or loudspeakers in the course of public addresses which are noncommercial in nature.
(c) 
Stationary noise limits.
(1) 
Maximum permissible sound levels.
a. 
Noise from a stationary source shall not exceed the following standards for maximum sound pressure levels measured at the property line.
Zone
Noise Rating-Day-Time
Noise Rating-Nighttime
Residential
60 db
50 db
Commercial
70 db
70 db
All Other Zones
75 db
75 db
b. 
Ambient noise is the all-encompassing noise associated with a given source, usually being a composite of sounds with many sources near and far, but excluding the noise source being measured. Ambient noise is a factor and the subject noise shall exceed the ambient noise by 5 db in any octave band to be designated excessive.
c. 
Pure tones and impulsive noises are factors. Five noise rating numbers shall be taken from the table in Subsection a. above, if the subject noise consists primarily of a pure tone or if it is impulsive in character.
(2) 
Construction noise. Construction equipment in any zone may be operated between the hours of 7:00 a.m. and 10:00 p.m. provided that said equipment does not exceed a maximum sound level of 80 db(a) measured at the property line of the location at which said equipment is in use.
(3) 
Noise in residential districts. In Residential Zones, the person in violation of this section shall be ordered to reduce the sound pressure to acceptable levels immediately by the monitoring officer.
(4) 
Operation of certain equipment. Lawnmowers, chainsaws, powered garden equipment, electric insect killing/repelling devices and other non-construction maintenance equipment shall be operated only during the hours between 7:00 a.m. and 9:00 p.m. unless within the specified noise levels measured at the property line of the location at which said equipment is in use.
(5) 
Exemptions. Operations of emergency equipment shall be exempt from this chapter. Snowblowers not operated on a commercial basis shall be exempt from this chapter when used to gain access to a Village street. Emergency equipment shall include ambulance, police, fire, snow removal, civil defense sirens, etc., necessary for the health, safety, and protection of the citizens of the Village.
(6) 
Methods of measuring noise.
a. 
Equipment. Noise measurement shall be made with a sound level meter.
b. 
Location of noise meter. Noise measurement shall be made at the nearest lot line of the premises from which a noise complaint is received. The noise meter shall be placed at a height of at least three feet above the ground and at least three feet away from walls, barriers, obstructions, and all other sound reflective surfaces.
(7) 
Appeals. The Village Board may grant an exemption to individuals proving evidence of substantial hardship. Evidence that reasonable technological attempts have been made to correct the problem shall be considered grounds for granting an exemption to this chapter for existing industries.
(d) 
Permits for amplifying devices.
(1) 
Permit required. The use of loudspeakers or amplifying devices on the streets or in the parks of the Village of Monticello is prohibited unless the party desiring to use such loudspeaker or amplifying device first obtains a permit from the Chief of Police.
(2) 
Grounds or reasons for denial or allowance. The Chief of said Police Department shall have the authority to revoke such permit when he believes such loudspeaker or amplifying device is becoming a nuisance because of the volume, the method in which it is being used or the location in which it is being operated.
(3) 
Time restrictions. The Chief of Police shall not grant a permit to use a loudspeaker or amplifying device before the hours of 9:00 a.m. or after 9:00 p.m. Nor shall a permit be granted to anyone who, in the opinion of the Chief of Police, uses said loudspeaker or amplifying device in such a manner or for such a purpose as to constitute a nuisance.
(a) 
Disorderly conduct prohibited. No person within the Village of Monticello shall:
(1) 
In any public or private place engage in violent, noisy, riotous, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct which tends to cause or provoke an immediate disturbance of public order or tends to annoy or disturb any other person.
(2) 
Intentionally cause, provoke or engage in any fight, brawl, riot or noisy altercation other than a bona fide athletic contest.
(b) 
Disorderly conduct with motor vehicle. No person shall make unnecessary and annoying noises with a motor vehicle, including motorcycles and all-terrain vehicles, by squealing tires, excessive acceleration of the engine or by emitting unnecessary and loud muffler noise.
(c) 
Defecating or urinating in public places. It shall be unlawful for any person to defecate or urinate outside of designed sanitary facilities, upon any sidewalk, street, alley, public parking lot, park, playground, cemetery or other public area within the Village, or upon any private property in open view of the public, or in the halls, stairways or elevators of public or commercial buildings, or to indecently expose his person.
(a) 
Controlled substances. It shall be unlawful for any person to possess a controlled substance contrary to the Uniform Controlled Substances Act, Chapter 961 of the Wisconsin Statutes.
(b) 
Possession of marijuana. No person shall possess an amount of marijuana, tetrahydrocannabinois or any derivative thereof, unless the substance was obtained directly from, or pursuant to a valid prescription or order of, a licensed physician or pharmacist for a valid medical purpose.
(a) 
It shall be unlawful for any person, except as provided in Subsection (b) hereof, to be present in, loiter or enter into any public school building, school parking lot or on any public school grounds without the permission of the school principal, custodian or other person in charge thereof between 7:30 a.m. and 4:30 p.m. on official school days.
(b) 
This section shall not apply to:
(1) 
Students regularly enrolled in public schools who have not been properly ordered by the school principal, custodian or other person in charge thereof to leave the school building or school grounds;
(2) 
Persons coming into the school building or school grounds for the purpose of attending scheduled school or civic functions, or making use of the recreational facilities located upon or within school premises, but as to such attendance or use, this exception shall apply only to the portion of the premises on which facilities are located and during the hours such facilities are specifically open to the general public or an invited portion thereof;
(3) 
Parents or legal guardians of a regularly enrolled student. However, such parent or legal guardian may be required to register at the school office.
(c) 
The exceptions set forth in Subsection (b) shall not apply to any person who, while in school buildings or on school grounds, commits or attempts to commit any act prohibited by statute or ordinance.
(d) 
All entrances to the school buildings shall be posted with a notice stating "Entry Into School Building by Unauthorized Persons Prohibited." All school grounds shall be posted with a notice stating "Entry Upon School Grounds by Unauthorized Persons Prohibited."
It shall be unlawful for any person to fail to obey the direction or order of a police officer while such police officer is acting in an official capacity in carrying out his or her duties.
[Added 9-21-2011]
(a) 
Introduction, purpose and definitions.
(1) 
The Monticello Police Chief and Village Board have determined that herbal preparations powdered or sprayed with a chemical synthetic cannabinoid may become available within the Village of Monticello that claim to produce intoxicating effects similar to THC or marijuana. THC is the psychoactive ingredient in marijuana.
(2) 
While synthetic cannabinoids and synthetic cannabinoid substances are not yet categorized as illegal controlled substances under Wisconsin or federal law, several other countries, states, counties, and municipalities have already taken action to prohibit these substances due to increased overdoses and other negative health effects and concerns.
(3) 
This section incorporates by reference as if fully set forth herein verbatim the factual findings of the states and municipalities that have made investigated, documented, and/or made independent findings and conclusions concerning the increased overdoses and/or other negative health effects and concerns arising from and/or pertaining to the use of synthetic cannabinoids and/or synthetic cannabinoid substances.
(4) 
While these synthetic cannabinoids and synthetic cannabinoid substances are often marketed as benign and legal alternatives to marijuana, they are potentially dangerous to users as the substances can create potency from three up to 100 times greater than marijuana, produce severe adverse health conditions such as, but not limited to, hallucinations, paranoia, seizures, and vomiting based upon reported emergency room experiences in areas of the country where use is more prevalent, and further that long term health effects of use of these substances are not yet known.
(5) 
Such substances, also known as "fake marijuana" and "fake pot," are being sold at shops, mostly in the Midwest, under the common names "K2" and "Spice." The states of Kansas and Missouri, Utah and Wisconsin including the cities of Milton, WI; Eau Claire, WI; La Crosse, WI; to name a few, have each adopted legislation to ban the substance(s) for health, welfare, safety, and peace reasons.
(6) 
Often sold in gram packets for $10-$20, K2 and other synthetic cannabinoids are said to mimic marijuana's effects. People smoke it in joints, pipes, bongs, and vaporizers, just like marijuana.
(7) 
Products that Contain (or Have Contained at One Time) Synthetic Cannabinoids:
a. 
Spice, Smoke Blend, K2, Genie, Yucatan Fire, Skunk, DaScents, Sence, Smoke, ChiliX, Highdi's, Almdrohner, Earth Impact, Gorillaz, Galaxy, Gold Space, Truckin, Solar Flare, Moon, Rocks, Blue Lotus, Aroma, Scope, Sky, OG, and Potpourri.
b. 
It's also sold under the names Spice Diamond, Spice Gold, Spice Silver, Yucatan Fire, Zoha, and Zohai.
c. 
It should be noted that the speed of innovation in this area means that any list of products is likely to become quickly outdated. This ordinance incorporates herein without the necessity of amendment additional names as they occur.
(8) 
The ingredients include Baybean, Blue Lotus, Lion's Tail, Lousewort, Indian Warrior, Dwarf Scullcap, Maconha Brava, Pink Lotus, Marshmallow, Red Clover, Rose, Siberian Motherwort, Vanilla, Canavalia Rosea, Clematis Vitalba, Nelumbo Nucifera, and Pedicularis Grandifolia.
(9) 
Synthetic cannabinoid research chemicals. (This is a partial list of the synthetic cannabinoids that have been used illicitly or may have potential for illicit use in the future):
JWH-015, JWH-018, JWH-073, JWH-081, JWH-133, JWH-200, JWH-250, JWH-398, CP 47, 497, CP 55, 244, CP 55, 940, HU-210, HU-211, and WD 55, 212-2.
(10) 
Other articles and sources indicate that the most prevalent synthetic cannabinoid is JWH-018 a new synthetic cannabinoid created by scientists to test receptor function in the lab. The synthetic cannabinoid binds with the CB1 receptor producing the euphoric effect or high in humans. JWH-018 binds with CB1 receptors at a rate four times greater than THC (natural or synthetic.)
(11) 
The common marijuana drug tests are calibrated to detect THC and THC metabolites, not the synthetics used in Spice or K2. Spice or K2 users would pass a drug test.
(12) 
Several efforts to outlaw K2 in some cases lump it in with Salvia, causing confusion about the two separate drugs. Federal authorities are enforcing a new crackdown on shipments of the cannabinoids and the K2 type products.
(13) 
Medications currently containing synthetic cannabinoids.
a. 
Dronabinol (Marinol).
b. 
Nabilone (Cesamet).
c. 
Sativex.
d. 
Rimonabant (SR14171 6/Acomplia).
(14) 
Based upon all of the above facts and findings, it is hereby determined by the Village Board that the effects of these substances are jointly and severally health, safety, welfare, peace, and good order concerns to the residents, businesses, visitors, taxpayers, and citizens of the Village of Monticello.
(b) 
Prohibitions. Possession, use, and sale are illegal. It shall be illegal for any person to:
(1) 
Use, possess, purchase, attempt to purchase, sell, publicly display for sale, or attempt to sell, give, and/or barter;
(2) 
Produce, manufacture, dispense; and/or
(3) 
Possess with intent to produce, manufacture, or dispense; and/or
(4) 
Distribute, or agree, consent, offer, or arrange to distribute; and/or
(5) 
Possess with the intent to distribute; any one or more of the following synthetic cannabinoids and/or chemicals, whether under the common street or trade names of "Spice," "K2," "Genie," "Yucatan Fire," "fake" or "new" marijuana, or by any other name, label, or description:
a. 
Salviadivinorum or salvinorum.
1. 
All parts of the plant presently classified botanically as salvia divinorum, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts derivative, mixture or preparation of such plant, its seeds or extracts;
b. 
(6aR, 10aR)-9-(hydroxymethyl)-6, 6dimethyl-3 -(2methyloctan-2- yl)-6a, 7, 10, 10a- tetrahydrobenzo[c]chromen-1-ol - some trade or other names: HU-210; (1R,3 s)-3 -hydroxycyclohexy;
c. 
1-Pentyl-3-(1-naphthoyl) indole - some trade or other names: JWH018\spice;
d. 
1-Butyl-3-(1-naphthoyl) indole - some trade or other names: JWH 073;
e. 
1-(3 }trifluoromethylphenyl{) piperazine - some trade or other names: TFMPP;
f. 
Synthetic equivalents of the substances contained in the plant Cannabis, and/or in the resinous extractives of Cannabis and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity, and/or any substance which claims such properties even if in actuality they do not;
g. 
Compounds of these structures, regardless of numerical designation of atomic positions are similarly prohibited, since nomenclature of these substances is not internationally standardized;
h. 
And/or any similar structural analogs such as, including, but not limited to the synthetic cannabinoids that fall into and/or are part of one or more of the seven major structural groups:
1. 
Naphthoylindoles (e.g. JWH-018, JWH-073, JWH-081, JWH-200 and JWH-398).
2. 
Naphthylmethylindoles.
3. 
Naphthoylpyrroles.
4. 
Naphthylmethylindenes.
5. 
Phenylacetylindoles (i.e. benzoylindoles, e.g. JWH-250).
6. 
Cyclohexyiphenols (e.g. CP 47, 497 and homologues of CP 47, 497).
7. 
Classical cannabinoids (e.g. HU-210).
(c) 
Medical or dental use allowed. Acts otherwise prohibited under this chapter shall not be unlawful if done by or under the direction or prescription of a licensed physician, dentist, or other medical health professional authorized by law to direct or prescribe such acts, provided that such use is permitted under state and federal laws.
(d) 
Violations and penalties.
(1) 
Any person 17 years of age or older (adult) convicted of violating any provision of this section shall be subject to the imposition of, and shall pay a forfeiture of, not less than $100 nor more than $500, for each violation, together with all costs, fees, and assessments allowed and/or mandated by law, as from time to time amended or renumbered.
(2) 
Any person 16 years of age or younger (child) convicted of violating any provision of this section shall be subject to the imposition of, and shall pay a forfeiture of, $75, for each violation, together with all costs, fees, and assessments allowed and/or mandated by law, as from time to time amended or renumbered.
(3) 
Upon non-payment of an imposed forfeiture, the convicted violator shall be subject to the remedies then available at law, as from time to time amended or renumbered.
(4) 
Each day's continuance of any violation shall constitute a separate violation.