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Home My WebLink About33758 / 86-03February 6, 1986 � 3 FIRST READING (CARRIED LOST LAID OVER _ PURPOSE: INCREASE FEES AND FORFEITURES INITIATED BY: CITY ADMINISTRATION ORDINANCE WITHDRAWN ) A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING VARIOUS SECTIONS OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO FEES AND FORFEITURES. The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Section 1-5 of the Oshkosh Municipal Code pertaining to maximum penalty for ordinance violations is hereby amended to increase said maximum to Five Hundred Dollars ($500.00) SECTION 2, That Section 1-5.3(3)(a) of the Oshkosh Municipal Code pertaining to schedule of deposits is hereby amended to increase the cash deposit to $50.00 plus 158 penalty provision plus costs unless a different deposit is specified in Section 1-5.1 of the Oshkosh Municipal Code as hereinafter amended. SECTION 3. That Sections 1-31, 2-155, 3-12, 4-52, 5-39, 7-63, 8-106, 9-16, 11-64, 13-30, 14-54, 15-37, 16-19, 17-4, 19-9, 20-13 (A) and (B), 22-27, 23-11, 24-6.7(C), 25-120, 26-21, 27-83(H), 28-6, 28-10, 29-32, 30-27, 30-34 and 30-73 of the Oshkosh Municipal Code are hereby amended to increase the minimum penalty to $50.00 and to increase the maximum penalty to $500.00, together with the costs of prosecution. SECTION pertaining to increase said 4. That Section 5-3 of the public dance license fees license fee to Sixty-five Oshkosh FSunicipal Code is hereby amended to Dollars ($65.00). SECTION 5. That Section 5-37 of the Oshkosh Municipal Code pertaining to fees for mechanical or electrical entertainment device licenses is hereby amended to increase said fee to Ten Dollars ($10.00). SECTION 6. That Section 1-5.1(A) of the Oshkosh Municipal Code pertaining to stipulated penalties for ordinance violations is hereby amended to increase the general minimum forfeiture to Fifty Dollars ($50.00) and to increase the general forfeiture for a second and to $150.00 and is further amended as follows: SUBMITTED BY APPROVED �� JY1. - 3 - � 1 February b, 1986 Ik3 Cont'd. Persons stipulating to the following charges shall forfeit the sum specifically enumerated plus the penalty assessment and Court costs Fet by Sections 165.87 and 814.63 of the Wisconsin Statutes: Abandoned vehicles S 50.00 Allowing Minors to Loiter $150.00 (first offense) Where Intoxicants Sold: $250.00 (second offense) Arrest: Resisting Obstructing Bartender License Required Battery Beer Garden Bicycle Violations Boat Speeding Bonfires Prohibited Car Radio--Loud Climbing on Trains Concealed Weapon Crossing Street, not at Crosswalk Damage to Property Disorderly Conduct Disturbance on Street Disturbing the Peace Dogs, barking: Dogs, prohibited from parks, golf course, beaches Dogs, Running at Large� — 4 — $100.00 $100.00 $ 50.00 $100.Q0 $ 50,00 $ 15,00 $ 50.00 $ 50.00 $ 50.00 $ 50,00 $ 7 5.00 $ 50.00 $100.00 $ 75.00 (first offense) $125.00 (second offense) S Su,60 $ 75.00 $ 25.00 (first offense) $ 50.00 (second offense) $100.00 (third offense) $200.00 (fourth offense) $ 50,00 $ z5.00 (first offense) S 50.00 (second offense) $100.00 (third offense) $200.00 (fourth offense) February 6, 1986 Domesticated Animal in Park v/o permit False Alarm Fireworks, illegal Glass Container in Parks prohibited Indecent Conduct: Private Property Public Property Intoxicants furnished to an Intoxicated Person Intoxicants to a Minor Intoxicants open on street Intoxicants, usage in Parka restzicted Junked Vehicles Littering Loitering by Minor Where Intoxicants Sold Obstructing Officer Open Intoxicants Parks: Amplification System Beer Garden Closing Dogs Prohibited Domesticated Animals w/o pexmit Drive on Grass uic55 iC:: �ai:�Ei Intoxicants Usage Selling w/o Permit Petty Theft: Retail theft Theft (Absconding) Possession of Controlled Substance (Marijuana) — 5 — /13 Cont'd. $ 50.00 S 75.00 $ 50.00 S 50.00 $100.00 $100.00 5150.00 (first offease) 5250.00 (second offense) $150.00 (first offense) $250.00 (second offense) $ 50.00 S 50.00 $ 50•00 S 50•00 $ 50•00 S 100• 00 � 50.00 $ 50.00 $ 50.00 $ 50.00 E 50.00 $ 50• 00 S 50•00 $ S�.vU $ 50.00 $ SO.00 $100.00 (first offense) $150.00 (second offense) $100.00 (first offense) $150.00 (second offense) $100•00 (first offense) $150.00 (second offense) February 6, 1986 Posting of Handbills: On Public 6 Private On poles Public Address System: Sound Truck 6 Aircraft Public Nuisance Affecting Property Usage Resisting Arrest Resisting or obstructing Fire Department Member Sale of Drug Paraphernalia School Property; Person IInauthorized on Damaging Intoxicating Liquor/Malt Beverage Prohibited Snowmobiling on City Property Swi�ing from Bridge Taverns: Closing Hours Lic. Required — Liquor Lic. Required — Fermented Malt Live Entertainment Loitering Inside Minor Misrepresenting Age for Entry/Service Operator/Bartender Posting of License Sale to Minor/Intoxicated Pe�soc n:o`ibitea Throwing Missles/Stones Truck Route Designated Unlawful Assembly Unlicensed Animal Unnecessary Noise Wrong Way One—Way Zoning Violations — 6 — ii3 Cont'd. $ 50.00 $ 50,00 $ 50.00 $ 50.00 $100.00 5100.00 $300.00 (first offense) $SOt7.�0 (2nd 6 subsequent offenses) $ 50•00 �100.00 $100.00 $ 50.00 5 50.00 $150.00 5100.00 5100.00 $ 50.00 $ 50.00 $ 50.00 S 50.00 S 50.00 $150.00 (first offense) :25Q.00 (seccn3 offA.;_ol $ 50.00 $ 50•00 S 50•00 S 50• 00 � 50•00 $ 50.00 $ 50.00 February 6, 1986 #3 Cont'd. Juveniles 14-17 Years (except traffic & Bike - age 16-17, and alcohol) $25.00 (B) When a person charged with such violation and signs a Stipulation of Gui.lt and enters a plea of "nolo contendere" and pays the fine and cost as set out in subsection (A) herein, such person need not appear in court and no witness fees or other costs shall be taxed. SECTION 7. That Section 18-69(C) of the Oshkosh Municipal Code pertaining to abatement of weeds by the City is hereby repealed and recreated to read as follows: (C) Abatement by Citv All uncut grass, weeds and other vegetable of like growth upon cultivated land after August 5th of each year shall be cut by the City and the costs thereof, together with an administrative charge of $10.00 imposed each time the property is cut, charged against the property as a special tax. SECTION 8. That Section 25-25.1 of the Oshkosh Municipal Code pertaining to rates for repairs by the City of excavations in the streets is hereby repealed and recreated to read as follows: SECTION 25-25.1 REPAIRING OF CITY STREETS WHEN EXCAVATIONS HAVE BEEN MADE THEREIN The City of Oshkosh will repair excavations made in City Streets at the following rates: Oil gravel Concrete Asphalt over Concrete Asphalt Saw cutting $1.00/square foot 2.25/square foot 2.50/square foot 2.25/square foot 1.25/lineal foot plus time and materials for removal of necessary pavement and excavation SECTION 9. That Section 30-42(C)(9) of the Oshkosh Municipal Code pertaining to engineering services for the preparation of plans and specifications is hereby amended to increase the amount of reimbursement to eight percent (8B) of the actual cost improvements and that said engineering cost as amended herein shall be added to the special assessment. SECTION 10. That Section 7-11(B) of the Oshkosh Municipal Code pertaining to fees for establishment of street and sidewalk grades is hereby amended to increase said fee to $10.00, and is further amended to delete therefrom the following: "If grades are already established, no fee shall be paid by the applicant; but, in any event, the applicant must ascertain the grades before issuance of any such permit." - 7 - February 6, 1986 #3 Cont'd. SECTION 11. That Section 7-13(B) of the Oshkosh Municipal Code pertaining to fee for examination of plans fox one and two family dwellings and for recreational vehicles and mobile homes is hereby amended to increase said fee to Forty Dollars ($40.00). SECTION 12. That Section 7-17(A) of the Oshkosh Municipal Code pertaining to building permit fees is hereby repealed and recreated as follows: (A) For new buildings, additions, alterations and signs. FEE $ 5.00 $ 10.00 $ 15.00 $ 20.00 $ 25.00 $ 30.00 $ 35.00 $ 40.00 $ 45.00 $ 50.00 Over $10,000 ($50.00) plus valuation or VALUATIOn �T�SI , 0 0 0 $1,000.01 to $2,000.01 to $3,000.01 to $4,000.01 to $5,000.01 to $6,000.01 to $7,000.01 to $8,000.01 to $9,000.01 to valuation, the $2.00 for each part thereof. $2,000.00 $3,000.00 $4,000.00 $5,000.00 $6,000.00 $7,000.00 $8,000.00 $9,000.00 $10,000.00 fee shall be Fifty Dollars additional thousand dollar In addition to the above, a fee of Thirty Dollars ($30.00) shall be collected for the Wisconsin Uniform Buildinq Permit when that permit is reauired. SECTION 12. That Section 11-41 of the Oshkosh Municipal Code pertaining to electrical permit fee schedule is hereby amended by repealing paragraphs (1), (2), (3), (4) and (5), by renumbering paragraph (6) through (11) to (2) through (7) respectively and by recreating paragraph (1) as follows: FEE $ 4.00 $12.00 $20.00 $35.00 $50.00 $75.00 $130.00 VALUATION $0 TO $100 $100.01 to $300 $300.01 to $500 $500.01 to 5900 $900.01 to $2,000 $2,000.01 to $5,000 $5,000.01 to $10,000 Over $10,000 valuation, the fee shall be One Hundred Thirty Dollars (5130.00) plus $2.50 for each additional thousand dollar valuation or part thereof. SECTION 13. That Section 16-41(A)(1) of the Oshkosh i�unicipal Code pertaining to fee for rooming house license is hereby amended to increase said fee to Twenty-five Dollars ($25.00). - 8 - � February 6, 1986 #3 Cont'd. SECTION 14. That Section 25-76(B) of the Oshkosh Municipal Code pertaining to house and building numbers is hereby repealed and recreated as fol.lows: (B) Numbers to be of a uniform size. The numbers and holders shall be uniform in size, color and style throughout the City with the numbers being three and one-half (3 1/2) inches by two and one-half (2 1/2) inches in black enamel vitrified tile. The numbers shall be placed within twenty (20) days after the assigning of the proper number. The cost of the original number� shall be included as part of the fee establishing grades as provided in Section 7-11(B) of this Code. The cost of any replacement numbers shall be $2.50 per number. Numbers shall be procured from the City Engineer. SECTION 15. That Section 7-44 of the Oshkosh Municipal Code pertaininq to fees for furnace and heating equipment is hereby amended by repealing (A), (B) and (C) and by substituting therein the following: VALUATION $0 to $1,000.00 $1,000.01 to $10,000 $10,000.01 to $25,000 Over $25,000.00 FEE $10.00 $10.00 plus $1 per $100 valuation or part thereof; $100.00 plus $.50 per $100 valuation or part thereof; $175.00 plus $.25 per $100 valuation or part thereof; SECTION 16. That Section 20-8(A)(3) of the Oshkosh Municipal Code pertaining to schedule of fees for plumbing permits is hereby repealed and recreated as follows: (3) Schedule g� Fees The schedule of fees to be paid shall be as follows: $10.00 for sanitary or storm sewer connections at main in street or curb. $10.00 for sanitary or storm sewers relaid from main or curb to building or main to curb. $5.00 i-or water service connections at main in street ox curb. $5.00 for water service relaid from main or curb or building or main to curb. $5.00 for water service and sewer repair. $5.00 minimum fee for inspection of any plumbing or drainage work requiring a permit. $3.00 for each fixture whether a new installation or a - 9 - R E V I S E D Fe�ruary 6, 1986 Cont'd. replacement and all plugged openir�gs for fixtues. Such schedule shall apply to the following list of fixtures: all trapped fixtures, all styles and descriptions of sinks, water closets, bathtubs, shower baths, wash basins, bubblers, garbage disposals, laundromats, dishwashers, floor drains, laundry tubs, water softeners, urinals, gas, oil, electric and coal water heaters, ranges, boilers, electric pumps, septic tanks, catch basins or similar receptacles, bar and soda fountains, ice boxes or refriaerator systems, air conditioning systems, dental cuspidors, developing sinks, all hospital and clinic fixtures, grease traps and grease catch basins, acid tanks, sump pumps, and ejectors, private sewerage disposal plants, house drains, rain water leaders, machine waste connections, cellar, floor, and subsoil drains, rain water cistern connections, all plugged openings for future fixtures and fire protection installation when no plumbing fixtures are installed. SECTION 17. That Section 30-18(B)(3) of the Oshkosh Municipal Code pertaining to special use permits is hereby repealed and recreated to read as follows: (3) The request for a special permit shall be accompanied by plans indicating the location and plan of operation for the intended use together with a fee of Fifty Dollars ($50.00). SECTION 18. That Section 30-23(D) of the Oshkosh Municipal Code pertaining to Board of Appeals: Procedure is hereby amended by adding thereto the followinq: All notices of appeal must be accompanied by a fee of Twenty-five Dollars ($25.00). SECTION 19. Code pertainina to hereby amended by ($100.00). That Section 30-26(B) of the Oshkosh Municipal fees for petitions for zone district changes is increasing said fee to One Hundred Dollars SECTION 20. That Section 30-37(I) of the Oshkosh Municipal Code pertaining to lot divisions is hereby amended by adding thereto the foilowing: All filinys for approval of lot divisions shall be accompanied by a fee of Ten Dollars ($10.00) per lot, based on the number of total lots to result from the division. SECTIOPi 21. That Section 30-44(B) of the Oshkosh Municipal Code pertaininq to preliminary plat eview fee is hereby amended to increase said fee to $50.00 plus one dollar per lot. SECTION 22, That Section 30-44(C) of the Oshkosh biunicipal Code pertaining to fees for minor subdivisions is hereby created to read as follows: j _�. .. ., . �_ .. - - -io- � February 6, 1986 #3 Cont'd. The subdivider or developer shall pay a fee of $10.00 per lot, based on the number of lots to be established to the City Clerk at the time of submitting a certified survey map accompanied by plans for required improvements or a Regis- tered Land Surveyor's Map to assist in defraying the cost of review. SECTION 23. That Section 30-44(D) of the Oshkosh Municipal Code pertaining to fees for application for variance to subdivision ordinance is hereby created to read as follows: (D) The applicant shall pay a fee of $25.00 to the City Clerk at the time of submitting an application for a variance to the subdivision ordinance to assist in defraying the cost of review. SECTION 24. That Section 29-7.1 of the Oshkosh Municipal Code pertaining to fees for weights and measures is hereby created as follows: SECTION 29-7.1 FEES FOR INSPECTION Every person or establishment owning or having in his possession any weight, measure or instrument subject to the provisions of this Code shall be assessed fees annually on the following basis, due and payable on or before March 1 of each year, or part thereof, ASSESSABLE AREA Base fee Firewood Dealer Portion & low capacity scales Scales up to 30 lbs. Scales 31 to 1000 lbs. Scales 1001 to 6000 lbs. Point of sale systems (scale, register, scanner) Prepack scales Person weighing scales High accuracy scales (jewelers, analytical, cream & moisture, pharmaceutical) Hopper scales (cement, grain, etc.) Linear (fabric, wire, rope meters) Rules (inc. yard sticks & tapes) Timing devices Petroleum pumps/dispensers (LMD) Vehicle tank & bulk plant meters Specialized anci non-categorized devices/variable and consultant services Postal scales Estimating & dough scales Reinspection _ 11 _ FEE $10.00 per person or establishment $10.00 $ 2.00 $ 7.00 $15.00 $22.00 $ 9.00 $ 7.00 $15.00 $12.00 544.00 $ 7.00 $ 1.00 $ 3.00 $ 7.00 $18.00 $22.00 NO CHARGE NO CHARGE NO CHARGE J 'Feb'ruary 6, 1986 #3 Cont'd. SECTION 25. That Section 27-28(E) of the Oshkosh Municipal Code pertaining to fee for all night parking permits is hereby amended to increase said fee to Eight Dollars ($8.00) per month or Four pollars ($4.00) if the permit is granted after the 15th day of the month. SECTION 26. That Section 4-47 of the Oshkosh Municipal Code pertaining to penalties for alcohol code violations is hereby amended in paragraph (A) to increase the mir�imum forfeiture to Fifty Dollars ($50.00) and to exclude Sections 4-2, 4-11, 4-22, 4-24(A), 4-30, 4-42 and 4-44, is further amended in paragraph (B) by deleting therefrom Sections 4-11, 4-22 and 4-24(A), is further amended by relettering paxagraph (C) to read as pazagraph (D), and is further amended to create new paragraph (C) to read as follows: (C) A forfeiture of not less than One Hundred Fifty Dollars ($150.00) nor more than Five Hundred Dollars ($500.00), except that for second and subsequent offenses within a twelve-month period a forfeiture of not less than Two Hundred Fifty Dollars ($250.00), and in default of payn�ent thereof by imprisonment not exceeding ninety (90) days for a violation of any of the following: Sections 4-11, 4-22, 4-24(A), 4-42 and 4-44. SECTION 27. That Section 6-19 of the Oshkosh Municipal Code pertaining to penalties for animal regulation violations is hereby repealed and recreated to read as follows: SECTION 6-19 PENALTIES Any person who shall violate any of the provisions of this Chapter or of any Section thereof, shall, upon conviction thereof, be punished by a forfeiture of not less than $50.00 nor more than $200.00; except that for violations of Sections 6-8 and 6-15 of this Code where the minimum forfeiture shall be first offense: $25.00; second offense within a twelve month period $50.00; third offense $100.00 and fourth and subsequent offense $200.00; together with the costs of prosecution, and in default of payment thereof, by imprisonment in the County Jail for a period not to exceed sixty (60) days. Each day of violation shall constitute a separate offense. SECTION 28. That Section 16-20 of the Oshkosh Municipal Code pertaining to penalties is hereby amended in paragxaph (A) to reduce the maximum forfeitures to Five Hundred Dollars ($500.00) and in paragraph (B) to impose a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), in each paxagraph together with the costs oi- prosecution. SECTION 29. That Section 16.46(B) of the Oshkosh Municipal Code pertaining to penalties to the "minimum housing code" to increase the forfeiture for the first offense to not less than Fifty Dollars ($50.00), for the second offense to not less than One Hundred Dollars ($100.00), and for any subsequent offense to not - 12 - J February 6, 1986 � �VISED #3 Cont'd. .. less than Two Hundred Dollars ($200.00), each forfeiture not to exceed Five Hundred Dollars ($500.00), together with the costs of prosecution. SECTION 30. That Section 18-81 of the Oshkosh Municipal Code pertaining to penalties for offenses against moral and conduct provisions is hereby amended in paragraph (A) to increase the minimum forfeiture to Fifty Dollars ($50.00), to increase the maximum forfeiture to Five Hundred Dollars ($500.00), and to delete therefrom 18-23 and 18-40; in paragraph (B) to increase the minimum forfeiture to Seventy-five Dollars ($75.00), except that the minimum for violating 18.10 second or subsequent offense within a twelve month period shall be One Hundred Twenty-five Dollars ($125.00),to add thereto 18-23 and 1E-40 and to delete therefrom 18-9; in para- graph (C) to increase the minimum forfeiture to One Hundred Dollars ($100.00), except that the minimum forfeiture for violating 18-16.1 second or subsea,uent offense within a twelve month period shall be One Hundred Fifty Dollars ($150.00), to add thereto 18-9; and in paragraph (D) to add that for a second or subsequent offense, the forfeiture shall be not less than One Hundred Fifty Dollars ($150.00). SECTION 31. That Section 21-32 of the Oshkosh Municipal Code pertaining to penalties for pollution violations is hereby amended to impose a fine of not less than Fifty Dollars ($50.00) nor more than Five Eundred Dollars ($500.00) for the first violation thereof, and not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) for each succeeding violation. SECTION 32. That Section 27-86 of the Oshkosh Municipal Code pertaining to penalties for violations of vehicle and traffic regulations is hereby amended in paragraph (A) and (B) to increase the minimum penzlty to Fifty Dollars ($50.00) and the maximum penalty to Five Eundrecl Dollars ($500.00) and in paragraph (C) to increase the minimum penalty to Fifteen Dollars ($15.00) and the maximum penalty to Five Hundred Dollars ($500.00). SECTION 33. That Section 17-1 of the Oshkosh Municipal Code pertaining to table of licenses and fees is hereby amended to conform with this ordinance. SECTION 34. That Section 7-17(D) o€ the Oshkosh IKunicipal Code pertaining to permit to start construction prior to plan approval is hereby amended to increase said fee to Thirty Dollars ($30.00), in addition to Plan Examination /-Building Permit Fees as amended herein. SECTION 35. That this ordinance shall be in full force and effect from and after its passage and publication. -13- � � � � C c'� a � m � -s � rn � � rn � 3 no TJ � .TJ �--i �-+ O m z o •• a zao O �G O N N � N N � � � r- 3 00 N � � �-+ •• O z z n �� o� co ro r N VI � 1 ^ O W W C .�.� ,� � C� 3 A -� �J �-+ .. p m z o.. N Z ➢ C O �G (n N (D V vi v+ m z ;�o �. . A C r m � ,. � n � � w m � N � a � n � O z � � � c � � N � � w