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Home My WebLink About32149 / 82-02October 21, 1982 # 4 ORDINANCE FIRST READING PURPOSE: INZTZATED BY: AMENDING COURT COSTS FOR ORDINANCE VIOLATIONS LEGAL DEPARTMENT A GENERAL ORDINANCE OF THE CITY OF OSHROSH AMENDING SECTIONS 1-5.1(A) AND 1-6 OF THE OSFIICOSH MUNICIPAL CODE PERTAINING TO COURT COSTS FOR ORDINANCE VIOLATZONS. The Common Council of the City of Oshkosh da ordain as follows: SECTION 1: That Section 1-5.1(A) of the Oshkosh Municipal Code is hereby amended to read as follows: (A) A person to whom a S�ans or Qrder of the Police Departv�ent or of any department of the City of Oshkosh t�as 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 or hicycles may appear at the Oshkosh Police Department seventy-two (72) hours prior to the time established for appear- ance in court and enter a plea of "nolo contendre" to such charges and, unless specifically en�erated herein, forfeit the s� of Thirty-five Dollars ($35.00) plus the penalty assessment and court costs set by Sections 165.87 and 814.63 of the Wisconsin Statutes for the first offense within a year. For a second ' and subsequent offense of the same ordinance within a one-year period, the forfeiture shall be $100.00, plus penalty assessment and court costs. SECTION 2: That Section 1-6 of the Oshkosh Municipal Code is hereby amended to read as follows: Whenever a forfeiture is imposed as punishment for any offease, or when a penalcy or forfeiture is :ecavered for violatiun oi any of the provisions of this code, the judgment shall include the penalty assessment provided by Section 165.87 of the Wisconsin Statutes and Court costs as set by Section 814.63 of the Wisconsin Statutes, which are hereby adopted and incorporated herein by refer- ence and shall pzovide for imprisonment in the County Jail for the designated period for default in t:�e payment of such forfeiture, penalty and costs. All judgments shall be thus rendered, whether the provisions under which a prosecution or proceeding is had shall specifically so direct or not. SECTION 3: This ordinance shall be in after its passage and date of publication. -4- and effect from and SUBMIT?�D BY ,...� � � November 4, 1982 SECOND READING PURPOSE: ZNITIATED BY: R E V I S E D !i 2 AMENDING COURT COSTS EOR ORDINANCE VIOLATIONS LEGAL DEPARTMENT ORDINANCE A GENERAL ORDINANCE OF THE CITY OF OSFIKOSH AMENDZNG SECTIONS 1-5.1 AND 1-6 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO COURT COSTS FOR ORDINANCE VIOLATIONS. The Co�on Council of the City of Oshkosh do ordain as follows: SECTION 1: That Section 1-5.1 of the Oshkosh Municipal Code is hereby amended to read as follows: (A) A person to whom a Summons or Order 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 or bicycles may appear at the Oshkosh Police Department seventy-two (72) hours prior to the time established for appear- ance in court and enter a plea of "nolo contendre" to such charges and, unless specifically enumerated herein, forfeit the sum of Thirty-five Dollars ($35.00) plus the penalty assessment and court costs set by Sections 165.87 and 814.63 of the Wisconsin Statutes for the first offense within a year. For a second and subsequent offense of the same ordinance within a one-year period, the forfeiture shall be $100.00, plus penalty assessment and court costs. Persons stipulating to the following charges shall forfeit the s� specifically enumerated plus the penalty assessment and Court costs set by Sections 165.87 and 814.63 of the Wisconsin Statutes: Possession of Marijuana Disozderly Conduct $ 75.00 (first offense) $100.00 (second offense) $ 50.00 (first offense) $100.00 (second offense) Obstructing or Resisting Police Officer $75.00 Obstructing or Resisting Fire Dept. $75.00 Retail theft - � - $100.00 (first offense) $150.00 (second offense) . No:emtaer 4, 1982 N 2 ORDINANCE - Cont'd. Re: Amend Court Costs Dog at Large Indecent Conduct $10.00 (first offense) $35.00 (second offense) $100.00 (third offense) $200.00 (fourth offense) $ 50.00 Zoning Ordinances $50.00 Zntoxicants on Public Street $20.00 Intoxicants to Minors Intoxicants to Intoxicated Persons Damage to Private Property Damage to School Property Damage to Fire apparatus Battery Open after Hours-Taverns Petty Theft $100.00 (first offense) $200.00 (second offense) $100.00 (first offense) $200.00 (second offense) $ 75.00 $ 75.00 $ 75.00 $ 75.00 $ 50.00 $100.00 (first offense) $150.00 (second offense) (B) When a person charged with such violation and signs a Stipulation of Guilt 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 2: That Section 1-6 of the Oshkosh Municipal Code is hereby amended to read as follows: Whenever a forfeiture is imposed as punishment for any offense, or wnen a penalty or iorieituTe is reccvered ior violation of any of the provisions of this code, the judgment shall include the penalty assessment provided by Section 165.87 of the Wisconsin Statutes and Court costs as set by Section 814.63 of the Wisconsin Statutes, vhich are here6y adopted and incorporated herein by reference and shall pro- vide for imprisonment in the County Jail for the designated period for default in the payment of such forfeiture, penalty and costs. All judgments shall be thus rendered, whether the provisions under which a prosecution or proceeding is had shall specifically so direct or not. SECTION 3: This ordinance shall be in full after its passage and date of publication. �T SUBMITTED BY _ Zg I �vnnnvrin 0 � N 71 +� ,-. � � � O � U � �� • � �. 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