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Home My WebLink About91-005 January 3 , 1991 � 91-05 ORDINANCE FIRST READING (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: ADOPT STATE PENALTIES/ALCOHOL OFFENSES INITIATED BY: CITY ADMINISTRATION A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTIONS 1- 5.1 AND 4-47 OF THE OSHKOSH MUNICIPAL CODE ADOPTING STATE STATUTORY PENALTIES FOR CERTAIN ALCOHOL OFFENSES The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Section 1-5.1 (A) of the Oshkosh Municipal Code pertaining to stipulated penalties for alcohol offenses is amended as follows: Delete therefrom: Underage Alcohol Violations: Possession/Consumption $50 .00 ( first offense) $100 .00 (second offense) $150 .00 (third offense) Wrongful Use/Alteration of Identification Card - $100 .00 ( first offense) $150 .00 (second offense) $200 .00 (third offense) Add thereto• Alcohol on School Grounds (underaged) $30.00 ( first offense) $60.00(second offense) $100 .00 (third offense) Alcohol on School Grounds (adult) $100 .00 Underage Alcohol Violations: False Identification Card � (18-20) $200 .00 (17 & under) $200 .00 ( first offense) $300 .00 (second offense) $500 .00 (third offense) Possession/Consumption $30 .00 (first offense) $60 .00 (second offense) $100 .00 (third offense) - 9 - - JANUARY 3, 1991 91-05 SECTION 2. That Section -4-47 of the Oshkosh Municipal Code pertaining to penalties is repealed and recreated to read as follows: SECTION 4-47 PENALTIES Any person convicted of a violation of any of the provisions of the following Sections of this Chapter shall for each offense be punished by the forfeitures as set forth, together with the costs of prosecution and in default of payment of such forfeitures and costs, by imprisonment in the County Jail for Winnebago County for the terms hereinafter stated; except that if a different penalty is enumerated by the Wisconsin Statutes, as adopted by this Chapter, then the enumerated penalty including alternative penalty for default of payment shall be imposed. (A) A forfeiture of not less than Fifty Dollars ( $50.00) nor more than Five Hundred Dollars ( $500.00) and in default of payment by imprisonment for not exceeding sixty (60) days or loss of driving privileges for a violation of any of the following: Articles I and II, excluding that part of Section 4-1 which adopts by reference Sec. 125.07(4) (a) , (b) and Secs. 125 .08 ( 3 ) and 125 .085 (3 ) , Wis. Stats., 4-2, 4-11 , 4-22, 4-23 (A) , 4-24 (A) , ( B) and (C) , 4-24.1 , 4-30 , 4-42 and 4-44. (B) A forfeiture of not less than Fifty Dollars ( $50.00) for a first violation, a forfeiture of not less thanOne Hundred Dollars ($100.00) for a second violation within a twelve-month period and a forfeiture of not morethan Five I�undred Dollars ( $500 .00 ) for a third or subsequent violation within a twelve-month period and in default of payment loss of driving privileges for a violation of any of the following: - Section 4-1 which adopts by reference Sec. 125.07 ( 4) (b) , Wis. Stats., as it affects children ages 17 and under. (C) A forfeiture of not less than One Hundred Dollars ( $100 .00) nor more than Two Hundred Dollars ( $200.00) for a first violation, a forfeiture of not less thanTwo Hundred Dollars ( $200.00) nor more than Three Hundred Dollars ( $300 .00) for a second violation within a twelve-month period , a forfeiture of not less than Three Hundred Dollars ( $300.00) normore than Five Hundred Dollars ($500.00 for a third violation within a twelve-month period, and a forfeiture of not less than Five Hundred Dollars ( $500.00) nor more than One Thousand Dollars ( $1 ,000) for a fourth or subsequent violation within a twelve-month period and in default of payment loss of driving privileges for a violation - 10 - JANUARY 3, 1991 91-05 of any of the following: Section 4-1 which adopts by reference Sec. 125.07 (4) (b) , Wis. Stats., as it affects children ages 18, 19 and 20 . (D) A forfeiture of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) - and in default of payment by imprisonment not exceeding ninety ( 90) days or loss of driving privileges for a violation of any of the following: Section 4-2, 4-24 .1 and 4-30 . (E) A forfeiture of not less than One Hundred Fifty Dollars ($150.00) nor more than Five Hundred Dollars ($500.00) , excepting that for second and subsequent violations within a twelve-month period a forfeiture of not less than Two Hundred and Fifty Dollars ( $250.00) and in default of payment by imprisonment for not exceeding ninety (90) days or loss of driving privileges for a violation of any of the following: Section 4-11 , 4-22, 4-24 (A) , 4-42 and 4-44 . (F) A forfeiture of not less than One Hundred Dollars ($100.00) nor more than five Hundred Dollars ($500.00) , excepting that for a second violation within a twelve- month period a forfeiture of not less than One Hundred and Fifty Dollars ( $150 .00) and for a third or subsequent violation within a twelve-month period a forfeiture of not less than Two Hundred Dollars ($200.00) and in default of payment by imprisonment for not exceeding ninety (90) days or loss of driving privileges for a violation of any of the following: Section 4-1 which adopts by reference Sec. 125.08(3) (a) and Sec. 125.085 (3) (a) , wis. Stats. (G) A forfeiture of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) , exceptirigthat for a second violation within a twelve- month period a forfeiture of not ' less than Three Hundred Dollars ($300.00) and for a third or subsequent violation withina twelve-month period a forfeiture of not less than Five Hundred Dollars ( $500.00) and in default of payment by loss of driving privileges for any violation of the following: Section 4-1 which adopts by reference Sec. 125.08(3) (b) and Sec. 125.085 (3) (b) , Wis. Stats. , as each affects children ages 17 and under. (H) A forfeiture of not less than One Hundred Dollars ( $100 .00) nor more than Two Hundred Dollars ( $200.00) - 11 - JANUARY 3, 1991 91-05 tor a first violation, a forfeiture of not less thanTwo Hundred Dollars ( $200.00) nor more than Three Hundred Dollars ( $300 .00) for a second violation within a twelve-month period , a forfeiture of not less than Three Hundred Dollars ( $300.00) nor more than Five Hundred Dollars ($500.00 for a third violation within a twelve-month period, and a forfeiture of not less than Five Hundred Dollars ( $500.00) nor more than One Thousand Dollars ( $1 ,000) for a fourth or subsequent violation within a twelve-month period and in default of payment loss of driving privileges for a violation � of any of the following: Section 4-1 which adopts by reference Sec. 125.08(3) (b) and Sec. 125.085(3) (b) , Wis. Stats., as each affects children ages 18, 19 and 20. (I) A forfeiture of not less than Two Hundred Fifty Dollars ($250.00) nor more than Five Hundred Dollars ($500.00) , excepting thatfor a violation offense within a twelve- month period a forfeiture of not less than Three Hundred Dollars ( $300 .00 ) and for a third or subsequentviolation within a twelve-month period a forfeiture of not less than Five Hundred Dollars ($500.00) and in default of payment by imprisonment not exceeding ninety ( 90) days or loss of driving privileges for any violation of the following: Sectian 4-1 which adopts by reference Sec. 125 .07 (4) (a) as it affects children ages 17 and under, Wis. Stats. , and 4-23 (A) , 4-24(B) , (C) . (J) A forfeiture of not less than Two Hundred Fifty Dollars { $250.00) nor more than Five Hundred Dollars ( $500.00) for a first violation, a forfeiture of not less than Three Hundred Dollars ($300.00) nor more than Five Hundred Dollars ( $500 .00) for a second violation within a twelve-month period, a forfeiture of not less than Five Hundred Dollars ( $500.00) nor more than Seven Hundred Fifty Dollars ( $750.00 for a third violation within a twelve-month period, and a forfeiture of not less than Seven Hundred Fifty Dollars ( $750.00) nor more than One Thousand bollars ( $1 ,000) '� for a fourth or subsequent violation within a twelve- month period and in default of payment loss of driving privileges for a violation of any of the following: Section 4-1 which adopts by reference Sec . 125.07 ( 4) (a) , Wis. Stats., as it affects children ages 18, 19 and 20 . (K) In addition to the penalties herein provided, any license issued under this Chapter held by a person convicted of violating the provisions of this Chapter - 12 - JANUARY 3, 1991 91-05 shall be subject to revocation by a Court of record. Further, any license issued under this Chapter held by a person convicted of violating the provisions of this Chapter shall be subject to suspension or revocation by the Oshkosh Common Council. SECTION 3. This ordinance shall be in full force and effect from and after its passage and publication. rrr �5i��n;;.,.... J �%U�51�:;.1 1.uL ''i� °-�--"-----•�. ` t� .r �`� � 7 .:�.i v.:� - 13 - ao ao a a ° � --i � -� � o n. � �-.� � �-.� c -� • �-+ o � o a �- moz rnoz � N � .. .. � � w a i � c+ o Z � � Z � K/) (D Cn O -G � O -G C -+ mmo mmcn � -o cn cn v cn cn v � � ---� m -� � -�-�z � �rn rn o .-• .�.� � � �� .- c � r �n rn � cn a � � 0 � 0 � 0 fi fi m � � m �