[HISTORY: Adopted by the Village Board of
the Village of Johnson Creek 12-1-1994 by Ord. No. 12-94 as §§ 41.01
to 41.04, 41.07, 41.08 and 41.15 of the 1994 Code. Amendments noted
where applicable.]
[Amended 7-8-2003 by Ord. No. 20-03; 10-9-2006 by Ord. No.
28-06; 9-23-2013 by Ord. No. 10-13; 11-16-2015 by Ord. No. 9-15]
The general statutes defining offenses against the peace and good order of the state are adopted by reference to define offenses against the peace and good order of the Village, provided that the penalty for commission of such offenses shall be limited to a forfeiture imposed under § 60-1 of this Code:
48.345
|
Disposition of child adjudged in need of protection
|
118.07
|
Safety requirements
|
118.08
|
School zones; crossings
|
118.09
|
Safety zones
|
118.10
|
School safety patrols
|
118.105
|
Control of traffic on school premises
|
118.11
|
School fences
|
118.123
|
Reports and records
|
118.163
|
Truancy
|
134.65
|
Cigarette and tobacco products retailer license
|
134.66
|
Restrictions on sale or gift of cigarettes or
tobacco products
|
167.10
|
Regulation of fireworks
|
173.10
|
Investigation of animal cruelty complaints
|
173.24
|
Reimbursement for expenses
|
175.25
|
Storage of junked automobiles
|
254.76
|
Causing fires by tobacco smoking
|
254.92
|
Purchase or possession of cigarettes or tobacco
products by person under 18 prohibited
|
938.17
|
Jurisdiction — civil law and
ordinance violations
|
938.343
|
Dispositions — civil law and
ordinance violations
|
938.344
|
Dispositions — intoxicating
liquor and beer violations
|
939.05(2)(b)
|
Aiding and abetting
|
939.22
|
Words and phrases defined
|
940.19(1)
|
Battery
|
940.291
|
Failure of a police officer to render aid
|
941.01
|
Negligent operation of a vehicle
|
941.10
|
Negligent handling of burning materials
|
941.12(2),(3)
|
Interfering with or failing to assist in fire
fighting
|
941.13
|
False alarms
|
941.20(1)
|
Reckless use of weapon
|
941.23
|
Carrying concealed weapon
|
941.235
|
Carrying firearm in public building
|
941.24
|
Possession of switchblade knife
|
941.35
|
Emergency telephone calls
|
941.36
|
Fraudulent tapping of electric wires or gas
or water meters or pipes
|
941.37(1),(2)
|
Obstructing emergency or rescue personnel
|
942.05
|
Opening letters
|
943.01(1)
|
Criminal damage to property
|
943.11
|
Entry into locked vehicle
|
943.125
|
Entry into locked coin box
|
943.13
|
Trespass to land
|
943.14
|
Trespass to dwellings
|
943.145
|
Criminal trespass to medical facility
|
943.15
|
Entry into locked site
|
943.20(3)(a)
|
Theft of property
|
943.21(3)(a)
|
Fraud on innkeeper
|
943.22
|
Cheating tokens
|
943.23(4m)(5)
|
Operating vehicle without owner's consent
|
943.34(1)(a)
|
Receiving stolen property
|
943.37
|
Alteration of property identification marks
|
943.38(3)
|
Forgery
|
943.41
|
Financial transaction card crimes
|
943.50(4)(a)
|
Retail theft
|
943.55
|
Removal of shopping cart
|
944.15
|
Fornication
|
944.17
|
Sexual gratification
|
944.20
|
Lewd and lascivious behavior
|
944.21
|
Obscene material or performance
|
944.23
|
Making lewd, obscene or indecent drawings
|
944.30
|
Prostitution
|
944.31
|
Patronizing prostitutes
|
944.33
|
Pandering
|
944.36
|
Solicitation of drinks prohibited
|
945.01
|
Definitions relating to gambling
|
945.02
|
Gambling
|
945.04
|
Permitting premises to be used for commercial
gambling
|
946.40
|
Refusing to aid officer
|
946.41
|
Resisting or obstructing officer
|
946.42(2)
|
Escape
|
946.46
|
Encouraging violation of probation or parole
|
946.69
|
Falsely assuming to act as public officer or
employee
|
946.70
|
Impersonating peace officer
|
946.72(2)
|
Tampering with public records and notices
|
947.01
|
Disorderly conduct
|
947.012
|
Unlawful use of telephone
|
947.0125
|
Unlawful use of a computerized communication system
|
947.013
|
Harassment
|
947.06
|
Unlawful assemblies
|
948.01
|
Definitions relating to crimes against children
|
948.09
|
Sexual intercourse with a child age 16 or older
|
948.10
|
Exposing a sex organ
|
948.11(1)(b)
|
Exposing a child to harmful material
|
948.21
|
Neglecting a child
|
948.40
|
Contributing to the delinquency of a child
|
948.50
|
Strip search by school employee
|
948.51(3)(a)
|
Hazing
|
948.60
|
Possession of a dangerous weapon by a child
|
948.61(2)(a)
|
Dangerous weapons on school premises
|
948.63
|
Receiving property from a child
|
951.01
|
Definitions relating to crimes against animals
|
951.015
|
Construction and application
|
951.02
|
Mistreating animals
|
951.03
|
Dognapping or catnapping
|
951.04
|
Leading animal from motor vehicle
|
951.05
|
Transportation of animals
|
951.06
|
Use of poisonous and controlled substances
|
951.07
|
Use of certain devices prohibited
|
951.08
|
Instigating fights between animals
|
951.09
|
Shooting at caged or staked animals
|
951.10
|
Sale of baby rabbits, chicks and other fowl
|
951.11
|
Artificially colored animals; sale
|
951.13
|
Providing proper food and drink to confined
animals
|
951.14
|
Providing proper shelter
|
951.15
|
Abandoning animals
|
961.14(4)
|
Possession of marijuana
|
961.571
|
Definitions
|
961.572
|
Determination
|
961.573
|
Possession of drug paraphernalia
|
A.Â
Firearms and guns.
(1)Â
No person shall fire or discharge any handgun, rifle,
shotgun, or spring or air gun of any description within the Village
without written permission of the Police Chief. Such permission shall
limit the time of such use, impose such safeguards as are necessary
for the safety of the persons and property within the Village and
be subject to revocation by the Police Chief or the Village Board.
(2)Â
No person shall have any handgun, rifle, shotgun,
or spring or air gun in his possession or under his control within
the Village unless it is unloaded and knocked down or enclosed within
a carrying case or other suitable container.
B.Â
Shooting of arrows regulated; stones and other missiles.
(1)Â
No person shall shoot with or discharge a bow, crossbow
or similar device which propels or projects an arrow or similar projectile
within the limits of the Village without written permission of the
Police Chief. Such permission shall limit the time of such use, impose
such safeguards as are necessary for the safety of persons and property
within the Village and be subject to revocation by the Police Chief
or the Village Board.
(2)Â
No person shall throw or shoot any stone, snowball
or other missile or projectile by hand or by any other means at any
person or any person's property or at, on or into any building or
public property within the Village.[1]
[1]
Editor's Note: Original § 41.02(3),
Burning of grass and trash, and (4), Sale and discharge of fireworks,
which immediately followed this subsection, were repealed 7-8-2003
by Ord. No. 20-03.
C.Â
Obstructing streets and sidewalks. No person shall
stand, sit, loaf, or loiter or engage in any sport or exercise on
any public street, sidewalk, 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.
D.Â
Open cisterns, wells, basements, or other dangerous
excavations. No person shall have or permit on any premises owned
or occupied by him any open cisterns, cesspools, wells, unused basements,
excavations, or other dangerous openings. All such places shall be
filled, securely covered or fenced in such manner as to prevent injury
to any person, and any cover shall be of a design, size and weight
that it cannot be removed by small children.
E.Â
Abandoned or unattended ice boxes, etc. No person
shall leave or permit to remain outside of any dwelling, building
or other structure or within any unoccupied or abandoned building,
dwelling or other structure under his control in a place accessible
to children any abandoned, unattended or discarded ice box, refrigerator
or other container which has an airtight door or lid, snap lock or
other locking device which may not be released from the inside without
first removing such door or lid, snap lock or other locking device.
Containers displayed for sale on the premises of the owner or his
agent and securely locked and fastened are excepted from this subsection.
No person shall use any indecent, vile, profane
or obscene language or conduct himself in any indecent, lewd, lascivious
or obscene manner within the Village.
A.Â
Destruction of property. No person shall willfully
injure or intentionally deface or destroy or unlawfully remove, take
or meddle with any property of any kind or nature belonging to the
Village or its departments or to any private person without the consent
of the owner or proper authority.
B.Â
Littering. No person shall throw any glass, rubbish,
waste or filth upon the streets, alleys, highways, public parks or
property of the Village or any private property not owned by him or
upon the surface of any body of water within the Village.
C.Â
Yard waste. No person shall cause any yard waste
to be upon any street, alley or highway within the Village.
[Added 12-10-2007 by Ord. No. 25-07]
[Added 11-1-2001 by Ord. No. 24-01]
A.Â
GRAFFITI
Definition. As used in this section, the following
terms shall have the meanings indicated:
Any drawing, figure, inscription, symbol, or other marking
which is scratched, painted, drawn in pen or marker, or placed by
some other permanent or semipermanent means upon sidewalks, streets,
public or private structures or any other place in public view without
the express permission or consent of the property owner.
B.Â
Public nuisance. Graffiti is hereby declared to be a public nuisance, as defined under Chapter 177, Nuisances, of this Code, affecting peace and safety.
C.Â
Prohibitions. No person shall write, spray, scratch
or otherwise affix graffiti upon any property, whether private or
public, without the consent of the owner or owners of said property.
Any person who shall affix graffiti to any property without the consent
of the owner shall be liable for the costs of removing or covering
such graffiti in addition to any fines imposed for violating this
section. The parents of any unemancipated minor child who affixed
graffiti shall be held liable for the cost of removing or covering
said graffiti in accordance with § 895.035, Wis. Stats.
D.Â
Removal by property owner.
(1)Â
Every owner of a structure or property defaced by
graffiti shall cover or remove the graffiti within 15 days in compliance
with written notice served upon him by the Police Department to remove
or cover such graffiti.
(2)Â
In the event any owner fails to comply with the above-mentioned
notice, the Police Department may have the graffiti covered or removed,
and in such event all costs, fees and expenses will be assessed to
said owner's real estate taxes pursuant to § 66.0703, Wis.
Stats.
A.Â
No person shall take and carry away, transfer, conceal
or retain possession of any library material without consent of a
library official, agent or employee and with intent to deprive the
library of possession of the material.
B.Â
The term "library material" shall mean those materials
described and defined in § 943.61(1)(c), Wis. Stats.
C.Â
It shall be conclusively presumed that any person
who fails to return library materials to the library within five days
of receipt of written notice issued by the librarian, describing the
library materials issued to the custody of the person identified in
the notice, retains such library materials with intent to deprive
the library of possession of the materials.
D.Â
The parent, guardian or other legal custodian of any
minor child shall be responsible for the violation of any provision
of this section by the minor child in custody of that parent, legal
custodian or guardian.
A.Â
Issuance prohibited.
(1)Â
No person shall issue any check or other order for
the payment of money which at the time of issuance he or she intends
shall not be paid.
(2)Â
Any of the following is prima facie evidence that
the person at the time he or she issued the check or other order for
the payment of money intended it should not be paid:
(a)Â
Proof that at the time of issuance the person
did not have an account with the drawee;
(b)Â
Proof that at the time of issuance the person
did not have sufficient funds or credit with the drawee and that the
person failed within five days after receiving notice of nonpayment
or dishonor to pay the check or other order; or
(c)Â
Proof that when presentment was made, within
a reasonable time, the person did not have sufficient funds or credit
with the drawee and the person failed within five days after receiving
notice of nonpayment or dishonor to pay the check or other order.
B.Â
Penalty. Any person violating any provision of this section shall be subject to a forfeiture as provided in Chapter 60, Penalties, together with the cost of prosecution, and in default of such payment imprisonment in the county jail until such forfeiture and costs are paid, but in no event to exceed 90 days.
[Added 7-8-2003 by Ord. No. 20-03]
It shall be unlawful for any person to congregate,
loiter, wander, stroll, stand or play in or upon the public streets,
highways, roads, alleys, parks, parking lots, public buildings, places
of amusement and entertainment, vacant lots or any public places in
the Village of Johnson Creek, either on foot or in or upon any conveyance
being driven or parked thereon.
[Added 8-9-2010 by Ord. No. 12-10[1]]
A.Â
State statutes adopted. The provisions of Wis. Stat. § 101.123
as amended by 2009 Wisconsin Act 12 relating to the prohibition of
smoking in various enclosed places or other locations are hereby adopted
and by reference made a part of this Code as if fully set forth herein.
Any act required to be performed or prohibited by said statute is
required to be performed or prohibited by this Code. Any future amendments,
revisions, or modifications of the current or future statutes incorporated
herein, are intended to be made part of this Code in order to secure
uniform statewide regulation of smoking, and to protect the health
and comfort of the public.
B.Â
"Enclosed indoor area," means all space between a floor and a ceiling
that is bounded by walls, doors, or windows, whether open or closed,
covering more that 50% of the combined surface area of the vertical
planes constituting the perimeter of the area. A wall includes any
retractable divider, garage door, or other physical barrier, whether
temporary or permanent. A 0.011 gauge screen with an 18 by 16 mesh
count is not a wall.
C.Â
Warning notice for first violation. As prescribed by Wis. Stat. § 101.123(8)(dm),
a warning notice shall be issued to the "person" in charge as defined
by Wis. Stat. § 101.123(1)(d) for the first violation.
[Added 1-24-2011 by Ord. No. 03-11[1]]
A.Â
Possession, use and sale are illegal. It shall be illegal for any
person to use, possess, purchase, attempt to purchase, sell, publically
display for sale or attempt to sell, give, or barter any one or more
the following 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:
(1)Â
Salviadivinorum or salvinorum A; 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 of preparation of
such plant, its seeds or extracts;
(2)Â
(6aR,10aR) – 9 - (hydroxymethyl) – 6, 6dimethytl –
3 (2methyloctan – 2 – yl) – 6a, 7, 10, 10a –
Tetrahydrobenzo (c) chromen –1 –01 -- some trade or other
names: HU-210;
(3)Â
1 – Pentyl – 3 – (1 – napthoyl) indole –
some trade or other names: JWH – 018\spice;
(4)Â
1 – Butyl – 3 – (lnaphthoyl) indole – some
trade or other names: JWH – 073;
(5)Â
1 – (3{trigluoromethylphenyl}) piperazine – some trade
or other names: TFMPP; or
(6)Â
Any similar structural analogs.
B.Â
Medical or dental use allowed. Acts otherwise prohibited under § 189-10 shall not be unlawful if done by or under the direction or prescription of a licensed physician, dentist, or other medical health professional authorized to direct or prescribe such acts, provided that such use is permitted under state and federal laws.
A.Â
General penalty. Except as otherwise provided, any person who shall violate any provision of this chapter or any order, rule or regulation made hereunder shall be subject to the penalties as provided in § 60-1 of this Code.
B.Â
Property damage liability. In addition to any penalty imposed for violation of § 189-4A, any person shall be liable for the costs of replacing or repairing such damaged or destroyed property. The parent or parents of any unemancipated minor child who violates § 189-4A may also be held liable for the costs of replacing or repairing such damaged or destroyed property in accordance with § 895.035, Wis. Stats.
[Added 10-23-2017 by Ord. No.
11-17]
A.Â
Purpose. This section is a regulatory measure intended to protect
the health and safety of children in the Village of Johnson Creek
from the risk that convicted sex offenders may reoffend in locations
close to their residences. The Village finds and declares that sex
offenders are a serious threat to public safety. When convicted sex
offenders reenter society, they are much more likely than any other
type of offender to be re-arrested for a new rape or sexual assault.
Given the high rate of recidivism for sex offenders and that reducing
opportunity and temptation is important to minimizing the risk of
reoffense, there is a need to protect children where they congregate
or play in public places in addition to the protections afforded by
state law near schools, day-care centers and other places children
frequent. The Village finds and declares that in addition to schools
and day-care centers, children congregate or play at public parks.
B.Â
CRIME AGAINST CHILDREN
PERSON
RESIDENCE (RESIDE)
SEXUALLY VIOLENT OFFENSE
Definitions. As used in this section, and unless the context otherwise
requires:
Any of the following offenses set forth within the Wisconsin
Statutes, as amended, or the laws of this or any other state or the
federal government, having like elements necessary for conviction,
respectively:
§ 940.225(1) First degree sexual assault
|
§ 940.225(2) Second degree sexual assault
|
§ 940.225(3) Third degree sexual assault
|
§ 940.22(2) Sexual exploitation by therapist
|
§ 940.30 False imprisonment (victim was minor and
not the offender's child)
|
§ 940.31 Kidnapping (victim was minor and not the
offender's child)
|
§ 944.01 Rape (prior statute)
|
§ 944.06 Incest
|
§ 944.10 Sexual intercourse with a child (prior statute)
|
§ 944.11 Indecent behavior with a child (prior statute)
|
§ 944.12 Enticing child for immoral purposes (prior
statute)
|
§ 948.02(1) First degree sexual assault of a child
|
§ 948.02(2) Second degree sexual assault of a child
|
§ 948.025 Engaging in repeated acts of sexual assault
of the same child
|
§ 948.05 Sexual exploitation of a child
|
§ 948.055 Causing a child to view or listen to sexual
activity
|
§ 948.06 Incest with a child
|
§ 948.07 Child enticement
|
§ 948.075 Use of a computer to facilitate a child
sex crime
|
§ 948.08 Soliciting a child for prostitution
|
§ 948.095 Sexual assault of a student by school instructional
staff
|
§ 948.11(2)(a) or (am) Exposing child to harmful material
- felony sections
|
§ 948.12 Possession of child pornography
|
§ 948.13 Convicted child sex offender working with
children
|
§ 948.30 Abduction of another's child
|
§ 971.17 Not guilty by reason of mental disease -
of an included offense
|
§ 975.06 Sex crimes law commitment
|
A person who has been convicted of or has been found delinquent
of or has been found not guilty by reason of disease or mental defect
of a sexually violent offense and/or a crime against children.
The place where a person sleeps, which may include more than
one location, and may be mobile or transitory.
Shall have the meaning as set forth in § 980.01(6),
Wis. Stats., as amended from time to time.
C.Â
Residency restrictions.
(1)Â
A person shall not reside within 500 feet of the real property comprising
any of the following:
(a)Â
Any facility for children (which means a public or private school,
a group home, as defined in § 48.02(7), Wis. Stats., a residential
care center for children and youth, as defined in § 48.02(15d),
Wis. Stats., a shelter care facility, as defined in § 48.02(17),
Wis. Stats., a foster home, as defined in § 48.02(6), Wis.
Stats., a treatment foster home, as defined in § 48.02(17q),
Wis. Stats., a day-care center licensed under § 48.65, Wis.
Stats., a day-care program established under § 120.13(14),
Wis. Stats., a day-care provider certified under § 48.651,
Wis. Stats., or a youth center, as defined in § 961.01(22),
Wis. Stats.; and/or
(b)Â
Any facility used for:
[1]Â
A public park, parkway, parkland, park facility;
[2]Â
A public library;
[3]Â
A recreational trail;
[4]Â
A public playground;
[5]Â
A school for children;
[6]Â
Athletic fields used by children;
[7]Â
A movie theatre;
[8]Â
A day-care center;
[9]Â
Any specialized school for children, including, but not limited
to, a gymnastics academy, dance academy or music school;
[10]Â
A private recreational facility designed or operated
for the purpose of providing recreational activities primarily for
children under 12 years of age.
(2)Â
The distance shall be measured from the closest boundary line of
the real property supporting the residence of a person to the closest
real property boundary line of the applicable above-enumerated use(s).
(3)Â
A map depicting the above-enumerated uses and the resulting residency
restriction distances, as amended from time to time, shall be approved
by resolution adopted by the Village Board and shall be maintained
on file in the office of the Village Clerk for public inspection.
In determining the residency restriction distances, the Village Board
may include those enumerated uses located outside the Village boundaries,
but within 2,000 feet of the Village boundary.
D.Â
Residency restriction exceptions. A person residing within 500 feet of the real property comprising any of the uses enumerated in Subsection C above does not commit a violation of this section if any of the following apply:
(1)Â
The person is required to serve a sentence at a jail, prison, juvenile
facility, or other correctional institution or facility.
(2)Â
The person has established a residence prior to the effective date of this section which is within 500 feet of any of the uses enumerated in Subsection C above, or such enumerated use is newly established after such effective date and it is located within such 500 feet of a residence of a person which was established prior to the effective date of this section.
(3)Â
The person is a minor or ward under guardianship.
E.Â
Original domicile restriction. In addition to and notwithstanding the foregoing, but subject to Subsection D above, no person and no individual who has been convicted of a sexually violent offense and/or a crime against children shall be permitted to reside in the Village of Johnson Creek, unless such person was domiciled in the Village of Johnson Creek at the time of the offense resulting in the person's most recent conviction for committing the sexually violent offense and/or crime against children.
F.Â
Child safety zones.
(1)Â
No person shall enter or be present upon any real property upon which
there exists any facility in the Village used for or which supports
a use of:
(a)Â
A public park, parkway, parkland, park facility;
(b)Â
A public library;
(c)Â
A recreational trail;
(d)Â
A public playground;
(e)Â
A school for children;
(f)Â
Athletic fields used by children;
(g)Â
A movie theatre;
(h)Â
A day-care center;
(i)Â
Any specialized school for children, including, but not limited
to, a gymnastics academy, dance academy or music school;
(j)Â
A private recreational facility designed or operated for the
purpose of providing recreational activities primarily for children
under 12 years of age;
(k)Â
Any facility for children (which means a public or private school,
a group home, as defined in § 48.02(7), Wis. Stats., a residential
care center for children and youth, as defined in § 48.02(15d),
Wis. Stats., a shelter care facility, as defined in § 48.02(17),
Wis. Stats., a foster home, as defined in § 48.02(6), Wis.
Stats., a treatment foster home, as defined in § 48.02(17q),
Wis. Stats., a day-care center licensed under § 48.65, Wis.
Stats., a day-care program established under § 120.13(14),
Wis. Stats., a day-care provider certified under § 48.651,
Wis. Stats., or a youth center, as defined in § 961.01(22),
Wis. Stats.
(2)Â
A map depicting the locations of the real property in the Village
of Johnson Creek supporting the above-enumerated uses, as amended
from time to time, shall be approved by resolution adopted by the
Village Board and shall be maintained on file in the office of the
Village Clerk for public inspection.
G.Â
Child safety zone exceptions.
(1)Â
A person does not commit a violation of Subsection F above, and the enumerated uses may allow such person on the property supporting such use if any of the following apply:
(a)Â
The property supporting an enumerated use under Subsection F also supports a church, synagogue, mosque, temple or other house of religious worship (collectively "church"), subject to the following conditions:
[1]Â
Entrance and presence upon the property occurs only during hours
of worship or other religious program/service as posted to the public;
and
[2]Â
Written advance notice is made from the person to an individual
in charge of the church, and approval from an individual in charge
of the church as designated by the church is made in return, of the
attendance by the person; and
[3]Â
The person shall not participate in any religious education
programs which include individuals under the age of 18.
(b)Â
The property supporting an enumerated use under Subsection F also supports a use lawfully attended by a person's natural or adopted child(ren), which child's use reasonably requires the attendance of the person as the child's parent upon the property, subject to the following conditions:
[1]Â
Entrance and presence upon the property occurs only during hours
of activity related to the use as posted to the public; and
[2]Â
Written advance notice is made from the person to an individual
in charge of the use upon the property, and approval from an individual
in charge of the use upon the property as designated by the owner
of the use upon the property is made in return, of the attendance
by the person.
(c)Â
The property supporting an enumerated use under Subsection F also supports a polling location in a local, state or federal election, subject to the following conditions:
[1]Â
The person is eligible to vote;
[2]Â
The designated polling place for the person is an enumerated
use; and
[3]Â
The person enters the polling place property, proceeds to cast
a ballot with whatever usual and customary assistance is provided
to any member of the electorate, and the person vacates the property
immediately after voting.
(d)Â
The property supporting an enumerated use under Subsection F also supports an elementary or secondary school lawfully attended by a person as a student, under which circumstances the person who is a student may enter upon that property supporting the school at which the person is enrolled, as is reasonably required for the educational purposes of the school.
H.Â
Violations. If a person violates Subsection C above by establishing a residence or occupying residential premises within 500 feet of those premises as described therein, without any exception(s) as also set forth above, the Village Attorney, upon referral from the Chief of Police and the written determination by the Chief of Police that upon all of the facts and circumstances and the purpose of this section, such residence occupancy presents an activity or use of property that interferes substantially with the comfortable enjoyment of life, health, safety of another or others, shall bring an action in the name of the Village in the Circuit Court for Jefferson County to permanently enjoin such residency as a public nuisance. If a person violates Subsection F above, in addition to the aforesaid injunctive relief, such person shall be subject to the general penalty provisions set forth under § 60-1 of the Village Code. Each day a violation continues shall constitute a separate offense. In addition, the Village may undertake all other legal and equitable remedies to prevent or remove a violation of this section.