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SEPTEMBER 26, 2006
FIRST READING
06-291
ORDINANCE
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PURPOSE:
AMEND SMOKING REGULATIONS
INITIATED BY:
TRANSPORTATION DEPARTMENT
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 17-10 OF
THE OSHKOSH MUNICIPAL CODE PERTAINING TO SMOKING IN MUNICIPAL
BUILDINGS AND VEHICLES.
The Common Council of the City of Oshkosh do ordain as follows:
SECTION 1. That Section 17-10 of the Oshkosh Municipal Code pertaining to
smoking in municipal buildings and vehicles prohibited is repealed and recreated as
follows:
SECTION 17-10
SMOKING IN MUNICIPAL BUILDINGS, OSHKOSH TRANSIT
CENTER PROPERTY & VEHICLES PROHIBITED
(A) As used in this Ordinance:
(1) "Building" means any enclosed area of a structure owned, leased or
administered by the City of Oshkosh; excepting the Oshkosh Convention
Centre, municipal golf course and those facilities leased to, or otherwise
occupied by non-governmental entities other than the Grand Opera
House; and excepting facilities owned, leased operated or administered
by the Oshkosh Housing Authority.
(2) "Vehicle" means any self-propelled, enclosed vehicle owned or leased by
the City of Oshkosh, including those vehicles contracted for passenger
transportation services.
(3) "Smoking" means using, carrying or possessing, a lighted cigarette,
cigar, pipe or other lighted smoking equipment.
(B) Prohibited Conduct: It shall be unlawful and a violation of this Ordinance for any
person to engage in smoking in any City of Oshkosh building, on the Oshkosh
Transit Center property located at 110 Pearl Avenue or in a City of Oshkosh
vehicle.
SEPTEMBER 26, 2006
FIRST READING
06-291
ORDINANCE
CONT'D
(C) Notification: All buildings and vehicles shall be posted in accord with the terms
of this Ordinance and Wisconsin Statute 101.123. Posting shall be at the
entrance to all City of Oshkosh buildings and in conspicuous locations on or
near the Oshkosh Transit Center property and on or in city vehicles to notify the
public and employees that smoking is prohibited.
(D) Penalty and Enforcement: Any person convicted of a violation of this Ordinance
shall forfeit an amount not less than $25.00 nor more than $500.00. The City of
Oshkosh Police Department shall be the enforcement agency of this Ordinance.
A court of competent jurisdiction may impose any alternative penalty as
permitted by law. (Effective September 1, 1997.)
SECTION 3. This ordinance shall be in full force and effect from and after its
passage, publication, and placement of the appropriate signage.