Village of Plainfield Bullying Ordinance

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There needs to be more proactive stance against bullying.  I believe together we can make a difference and file for an Ordinance to be passed in the Village of  Plainfield.  Together we can follow in the footsteps of Shawano, Wisconsin and pass an  Anti-Bullying Ordinance.  The Ordinance would hold the parent accountable for their minor child's actions and if not resolved in a reasonable time the parent of the minor would be fined.  I am not an Attorney, I am a parent that would like to take a proactive stance!  We need our towns, schools and parents to understand the seriousness and stand up for our kids!  I am sure this will be motified but it is a start.

#STOPBULLYING 

BULLYING

A form of harassment and is defined as an intentional course of conduct which is reasonably likely to intimidate, emotionally abuse, slander, threaten or intimidate another person and which serves no legitimate purpose.

COURSE OF CONDUCT

A pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose.

HARASSMENT

Any conduct, whether verbal, physical, written, or by means of any mode of communication, which:

Is any intentional course of conduct which is likely to create an intimidating, hostile or offensive environment, and which serves no legitimate purpose.

(a) 

Bullying and harassment prohibited. It shall be unlawful for any person to engage in any bullying or harassment of a person or induce another person to engage in such bullying or harassment.

(b) 

Retaliation prohibited. No person shall retaliate against any person who reports any conduct which is prohibited by this section. Retaliation violations that are proven Parents/Legal Guardians will incur fine no less $150.00 first offense, no less $300.00 each additional offense proven

(c) 

Constitutionally protected activity. This section shall not be construed to apply to any constitutionally protected activity or speech.

(d) 

Parental responsibility. It shall be unlawful for any custodial parent or guardian of any unemancipated person under 18 years of age to allow or permit such person to violate the provisions of Subsection  above. The fact that prior to the present offense a parent, guardian or custodian was informed in writing by a law enforcement officer of a separate violation of Subsection by the same minor occurring within ninety (90) days prior to the present offense shall constitute a rebuttable presumption that such parent, guardian or custodian allowed or permitted the present violation. Please see Penalty Provisions below. 

(e) 

Penalties. Any person who shall violate any provision of this section shall be subject to a penalty as provided by this Code.


Penalty provisions. [1] 

(1) 

General penalty including minors. whenever so provided in this Code, any person who shall violate any of the provisions of this Code shall, upon conviction of such violation, be subject to a penalty, which shall be as follows 

(a) 

First offense; penalty. Any person who shall violate any provision of this Code subject to a penalty shall, upon conviction thereof, forfeit not less than $150 nor more than $2,500 (unless as otherwise specified herein), together with the costs of prosecution, and in default of payment of such forfeiture and costs of prosecution if not resolved in 90 days from day offense was filed.  Offender will be given additional 30 to resolve if not resolved at end of additional 30 days fines will double.  If unresolved after the 30 days additional fines can be incurred by Parents/Legal Guardians.

(b)

Second offense; penalty. Any person found guilty of violating any ordinance or part of an ordinance of this Code who shall previously have been convicted of a violation of the same ordinance shall, upon conviction thereof, forfeit not less than $300 nor more than $3,000 (unless as otherwise specified herein), together with the costs of prosecution and in default of payment of such forfeiture and costs shall perform 45 hours of Community Service.

(2) 

Continued violations. Each violation and each day a violation continues or occurs shall constitute a separate offense. Nothing in this Code shall preclude the City from maintaining any appropriate action to prevent or remove a violation of any provision of this Code.



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