The people of the City of Rutland find it necessary to prevent disruption of the educational process by prohibiting individuals who have no educational purpose and who disrupt or may disrupt the educational process from entering or remaining upon school premises during school hours and to protect the safety and welfare of the public within school premises. To this end, every school in the City of Rutland will be free of drugs, violence and the unauthorized use of firearms and alcohol and will offer a disciplined environment conducive to learning.
(a) 
No person shall do any of the following on school property:
(1) 
Enter upon school property unless that person is engaged in school business. This subsection is not intended to prohibit the orderly flow of vehicular and pedestrian traffic on public streets and sidewalks or use of recreational facilities.
(2) 
Possess upon school property any firearm or potentially dangerous weapon or prepare or use rockets, missiles or fireworks. Nothing in this section shall prohibit the possession of a firearm by a law enforcement officer authorized to possess a firearm. The board of school commissioners may authorize the possession and use of firearms or other weapons for specific occasions or for instructional purposes when facilities for such instruction are available.
(b) 
No person shall do any of the following on any school premises or property:
(1) 
Demand money from any person using an express or implied threat.
(2) 
Act in a manner that disturbs any class or that is reasonably likely to frighten or disturb any student or other person present.
(3) 
Disrupts, hinders or impedes the education of students.
(4) 
Remain on the school premises after having been directed to leave by a member of the faculty, administration, police or security personnel. This paragraph (4) shall not apply to a student enrolled at the school unless the student has been expelled or suspended by a member of the administration having authority to do so. This paragraph (4) shall not apply to any person employed at the school, unless such person has been suspended, discharged or transferred by a member of the school administration having authority to do so.
(5) 
Obstruct, hinder or impede students, family members, faculty or staff from travelling safety to or from the school premises.
(6) 
Enter upon, be upon or remain upon school premises when under the influence of alcohol or drugs.
(7) 
Willfully damage public or private property on school premises. Damage shall include the application of graffiti, defacing, or the unauthorized application of any substance to walls, windows, floors or other parts of the school property.
(8) 
Possess any contraband.
(9) 
Unlawfully possess or consume alcoholic beverages.
(10) 
No person properly noticed by any law officer or member of the school administration shall ride the same bus, leave at the same bus stop, or place themself immediately adjacent to another student upon school premises if noticed not to do so.
(11) 
acts in a disorderly manner by engaging in fighting or in violent, tumultuous or threatening behavior.
(12) 
uses abusive or obscene language.
As used in this section, the following definitions shall apply:
(a) 
"School premises" means any building private or public which is used primarily for educational purposes, the land upon which it is situated, and any property within 500 feet of the land upon which the building is situated. This definition shall apply to any public or private elementary, junior high, high or vocational school. Private non-school property is excluded from this section for legal activities of the owner, lessee or other authorized person. School premises also includes any school buses or other transportation vehicles utilized for school purposes.
(b) 
"School property" means any property owned, leased or rented and used for educational purposes by any public or private elementary, junior high, high or vocational school including buses and other transportation vehicles utilized for school purposes.
(c) 
A person is "engaged in school business" when that person's conduct, while on school premises during school hours, is directly connected to the school's educational purpose. A person shall be presumed to be "engaged in school business" who is:
(1) 
A duly enrolled student at that school;
(2) 
A current member of the school's faculty, staff or school board;
(3) 
A parent, legal guardian or family member of a duly enrolled student at that school who enters upon school premises.
(d) 
Under the influence means any person who is presently impaired physically, mentally or emotionally as a result of the presence of alcohol or drugs in the person's body as determined by observation of physical manifestations.
(e) 
Contraband means any item, property, object, or substance which is not legally obtained or possessed by the person.
(a) 
Nothing in this section is intended to supplant or supersede any law, rule, regulation or established school policy governing discipline of students.
(b) 
A violation of this section is punishable by a civil penalty of not more than $500. A second violation within the school year of this ordinance will result in the imposition of a penalty of one and one half times the minimum penalty for the second offense except that a second offense for the same subsection will result in a doubling of the penalty. A violation which is a third offense within the school year will result in a penalty of $500.
(a) 
The provisions of this ordinance are severable. If any provision of this ordinance is invalid or if any application thereof to any person or circumstance is invalid, the invalidity shall not affect other provisions or applications which can be given effect without the invalid provision or application. The provisions and enforcement of this ordinance is intended to be in addition to any and all legal remedies or enforcement available at law and is not intended to supplant, replace or prevent the enforcement of any civil or criminal law of the State of Vermont.
(b) 
Minimum fines and waiver fines are established by schedule attached hereto and incorporated herein as part of this ordinance.
Schedules of Fines for Violations of 25 ROR § 4610-4614
Section
Waiver Fine
Minimum Fine
4611(a)(1)
$150
$175
4611(a)(2)
$150
$175
4611(b)(1)
$150
$175
4611(b)(2)
$150
$175
4611(b)(3)
$150
$175
4611(b)(4)
$150
$175
4611(b)(5)
$150
$175
4611(b)(6)
$150
$175
4611(b)(7)
$150
$175
4611(b)(8)
$150
$175
4611(b)(9)
$150
$175
4611(b)(10)
$150
$175
4611(b)(11)
$150
$175
4611(b)(12)
$150
$175