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Home My WebLink About35577 / 89-315 October 5, 1989 October 19, 1989 # 295 #315 ORDINANCE First Reading SECOND READING (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: ADOPT STATE PENALTIES/ALCOHOL OFFENSES INITIATED BY: CITY ADMINISTRATION A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTIONS 1- 5. 1, 1-5. 2 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: Loitering by Minor Where Intoxicants Sold $50.00 Taverns: Loitering Inside $50. 00 Minor Misrepresenting Age for Entry/Service $50. 00 Juveniles 14-17 Years (except traffic & bike - Age 16-17 $25.00 Add thereto• LoTing by Minor Where Intoxicants Sold $250. 00 (first offense) $300. 00 (second offense) $500. 00 (third offense) Taverns: Loitering Inside $250.00 (first offense) $300.00 (second offense) $500.00 (third offense) Minor Misrepresenting Age for Entry/Service $250. 00 (first offense) $300. 00 (second offense) $500. 00 (third offense) Underage Alcohol Violations: Procure/Attempt to Procure Alcohol $250. 00 (first offense) $300. 00 (second offense) $500. 00 (third offense) Entering/Remaining on Licensed Premises $250.00 (first offense) $300. 00 (second offense) $500. 00 (third offense) - 1 - i � October 5, 1989 # 295 Cont'd. October 19, 1989 #315 Falsely Represents Age to receive Alcohol $250. 00 (first offense) $300. 00 (second offense) $500. 00 (third offense) 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) Juveniles 14-17 Years (except traffic, parking & bike -- Age 16-17, and alcohol offenses) $25. 00 SECTION 2 . That Section 1-5.2 of the Oshkosh Municipal Code pertaining to ordinance violations by juveniles is repealed and recreated as follows: SECTION 1-5.2 ORDINANCE VIOLATIONS; STIPULATION OF GUILT; EXCEPTIONS -- ALL PERTAINING TO JUVENILES Any person who is of the age of 16 or 17 to whom a summons or citation of the Police Department or of any department of the City of Oshkosh has been issued to appear in court for violation of any ordinance of the City of Oshkosh with the exception of matters pertaining to traffic, parking, bicycles and alcohol may appear at the Oshkosh Police Department seventy-two (72) hours prior to the time established for appearance in court and enter a plea of "nolo contendere" (no contest) to such charge and forfeit the sum of Twenty-five Dollars ($25. 00) plus costs and assessments. In matters pertaining to traffic, parking, bicycles and alcohol, the stipulated forfeitures shall be as set forth elsewhere in this Code. SECTION 3 . 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 enumerated Section 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. - 2 - October 5, 1989 #295 Cont'd. October 19, 1989 #315 (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) 1, (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 no more than Fifty Dollars ($50.00) for a first offense, a forefiture of no more than One Hundred Dollars ($100.00) for a second offense within a twelve-month period and a forfeiture of not less than One Hundred and Fifty Dollars ($150. 00) nor more than Five Hundred Dollars ($500.00) for a third or subsequent offense within a twelve-month �eriod 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. (C) 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. (D) 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 offenses within a twelve-month period a forfeiture of not less than Two Hundred and Fift� 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. (E) A forfeiture of not less than One Hundred Dollars ($100. 00) nor more than five Hundred Dollars ($500.00) , excepting that for a second offense within a twelve- month �eriod a forfeiture of not less than One Hundred and Fifty Dollars ($150. 00) and for a third or subsec�uent offense within a twelve-month period a forfeiture of not less than Two Hundred Dollars ($200.00) and in default of payment by imprisonment for not exceeding ninety (90) days or loss of driving privileges for a violation of any of the following: - 3 - " October 5, 1989 # 295 Cont'd. October 19, 1989 #315 Section 4-1 which adopts by reference Sec. 125. 08 (3) (a) and Sec. 125. 085(3) (a) , Wis. Stats. (F) A forfeiture of not less than One Hundred Dollars ($loo. 00) nor more than Five Hundred Dollars ($500. 00) , excepting that for a second offense within a twelve- month period a forfeiture of not less than Three Hundred Dollars ($300.00) and for a third or subsequent offense within a 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. (G) A forfeiture of not less than Two Hundred Fifty Dollars ($250. 00) nor more than Five Hundred Dollars ($500.00) , excepting that for a second offense within a twelve- month period a forfeiture of not less than Three Hundred Dollars ($300. 00) and for a third or subsequent offense 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: Section 4-1 which adopts by reference Sec. 125.07 (4) (a) 1, Wis. Stats. , 4-23 (A) , 4-24 (B) , (C) . (H) 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 shall be subject to revocation by a Court of record. Further, any license issued under this Cha�ter 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 4. This ordinance shall be in full force and effect from and after its passage and publication. SUBMITTED BY � �� APPROL�D y�G��%�� • - 4 - c� � oo � o0 � -°� � � o na � � o o -o • • � o � � �+ m z t� tD �� p •• -5 -S (n W N .. c+ i0 -� U'7 A� U'1 l.J� �O� c+ z � D � � ^^ O -G � T �'I mmo � � v �--'. �'. cn cn � � oo cD � -s —� oo � � °�' � �-..-• �O � Ol �-• �--' .....� .--.T c'F �C7 :L7 -r7 r�• �• N fD �• � fD � W � tn tn C.1 Q A� c-1' \ �•. �. � � � � TJ �--� (L] tQ .-C7 CD (") ....� Cp A� O � Q � Q- �-'• O �• � � � cL] � a (� � O �,� � � rp � �� N /�{4 � �Ar' N �� (D �2 N �.[