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Home My WebLink About31724 / 82-03February 1 . SECOPID REi . PURPOSE: INITIATED BY: �� 3 ORDINANCE ORDINANCE TO AMEND STIPUL�TIOY SCHEDULE, PARKZNG FINES AND PENALTIES FOR ORDINANCE VIOLATIONS LEGAL DEPARTMENT A GENERAL ORDINANCE OF THE CITY OF OSHKOSH REP&ALING SECTIONS �j8-�5n0(.A1, 27-12, 27-12.1, 27-72 AND AMENDING SECTIOIvS 1-5.1(a),1�-37,18-81,23-2I;J2FG8� 27-86, 29-32 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO STIPUL�TIOY SCHEDULE, PaRICING FINES AIv'D PENALTIES FOR CITY ORDINANCE VIOLATIONS The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Section 1-5.1(a) of the Osflkosh Municipal Code pertaining to stipulation of guilt for ordinance violations is hereby amended as follows: Add Thereto DISORDERLY CONDUCT DAMAGING SCHOOL PROPERTY $100.00 (second offense) $ 75.00 DAMAGING FIRE HOSE OR APPARATIIS $ 75.00 RESISTING 2�MBER OF FIRE DEPART;KEVT $ 75.00 SECTION 2. That Section 18-50.1 of the Osh:cosh Municipal Code pertaining to penalties for certain ordinance violations is hereby repealed. SECTION 3. That Section 18-81 of the Oshkosh Hunicipal Code pertaining to penalties for ordinance violations is hereby aaended to read as follows: SECTION 18-81 PENALTIES Every person convicted of a violation of any of the orovisions of the fOliG:r'1LUT ea;:u,era�ed :�CC�l�^.5 6i ii115 C:ld�[ei �i13ii +:iL 0nC:1 Giii_RSC be punished by the forfeitures as set forth, together with the costs of prosecution and in default of paycient of such fines and costs, by imprisonment in the County Jail for Winnebago County for the terms hereinafter stated: (A) A forfeiture of not less than Thirty-five Dollars ($35.00) nor more than Two Hundred Dollars ($200.00) and in default of payment thereof by imprisonment for not exceeding sixty (60) days for a viola- tion of any of the following: Section 18-1, 18-2, 18-4, 18-6, 18-7, 18-8, 18-8.1, 18-11, 18-12, 18-13, 18-14, 18-15, 18-16, 18-17, 18-18, 18-18.1, 18-19, 18-20, 18-23, 18-24, 18-25, 18-26, 18-27, 18-28, 18-29, 18-30, 18-31, 18-32, 18-33, 18-36, 18-37, 18-38, 18-39, 18-40, 18-41, 18-42, 18-43, 18-44, 18-45, - 3A - , February 18, 1982 Stipulation Sch. Ordinance - Cont'd. 18-46, 18-47, 18-48, 18-49,18-50,18-51, 18-52, 18-53, 18-54, 18-55, 18-56, 18-58, 18-60, 18-62, 18-63, 18-64, 18-65, 18-66, 18-67, 18-68, 18-69, 18-70, 18-71, 18-73, 18-73.1, 18-74, 18-75 (B) A forfeiture of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00) and in default of payment thereof by imprisonment for not exceeding ninety (90) days for a violation of any of the follow3ng: Section 18-9, 18-10. (C) A forfeiture of not less than Seventy-five Dollars ($�5.00) nor more than rive Hundred Dcilara 'e�n�.nn i„ .� c �Y�•� ..) a.3 .. efault c� pa�cent thereof hy imprisonment for not exceeding one hundred twenty (120) days for a violation of any of the following: Section 18-16.1, 18-22, 18-34, 18-35, 18-57, 28-59, 18-61, 18-72. (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 thereof by imprisonment for not exceeding six (6) months for a violation of any of the following: Section 18-21, 18-21.1 SECTION 4. That Section 15-37 of the Oshkosh Municipal Code pertaining to penalties for ordinance violations is hereby amended to read as follows: SECTION 15-37 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 $35.00 nor more than $200.00, together with the costs of prosecution, and in default of payment thereof, by i.mprisonment in the County Jail for a period not to exceed sixty (6�) days. Each violation stiall constitute a separate offense. SECTION 5. That Section 23-11 of the Oshkosh Municipal Code pertaining to penalties for ordinance violations is hereby amended to read as follows: SECTION 23-11 PENALTIES. Any person who shall violate any of the provisions of th3s Chapter or of any Section thereof, shall upon conviction thereof, be punished by a forfeiture of not less than $35.00 nor more than $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 (60j days. Each violation shall constitute a separate offense. -38- February 18, 1982 Stipulation Sch. Ordinance - Cont'd. SECTZON 6. That Sections 27-12, 27-12.1, 27-72 of the Oshkosh Municipal Code pertaining to penalties for certain ordinance violations are hereby repealed. SECTION 7.That Section 27-40(A)of the Oshkosh Municipal Code pertaining to [he right [o stipulate guilt in parking violations; procedures, is hereby amended to read as follows: SECTION 27-40. RIGHT TO STIPULATE GUILT IN PARKING VIOLATIONS; PROCEDURES. (A) Procedure. � Person to whom a summons or order of the Police Department has been issued to appear at the police station for violating any of the provisions of this Article may within forty-eight (48) hours after six o'clock (6:00) P.M. of the day of the violation, appear at the police station of the City in answer to the charges set Lorth ix� said sw�a;,wns cr cr3er sn3 may sig:. a z-ritte, g2e2 of "guilty" and consent to an entry of judgment for the sum of Five Dollars ($5.00). Each such person may after said forty-eight (48) hour period, and during the succeeding ninety-six (96) hour period, consent to an entry of judgment for the sum of Ten Dollars ($10.00). Subsequent to this ninety-six (96) hour period and prior to the commencement of court proceedings pertaining to the violation, such person may consent to an entry of judgment for the sum of Thirty-five Dollars ($35.00). The failure of such owner or oper- ator to make such payment shall render such owner or operator subject to the penalties hereinafter provided for violation of . the provisions of this Section. Each time a designa[ed parking period limit is exceeded even though such excesses shall be con- secutive, shall constitute a separate violation. Acceptance of a receipt from the Police Department will constitute the equiva- lent of a written plea of "guilty" and consent to the entry of such judgment. SECTION 8. That Section 27-48 of the Oshkosh Municipal Code pertaining to penalties for ordinance violations is hereby amended to read as follows: SECTION 27-48. PAYMENT OF EINE; TIME LIMLTS; FAILURE TO PAY FINE. Each owner or operator, may, within forty-eight (48) hours after b:00 p.m. of the day oi the violation pay to tne city as a penalty for and in full satisfaction of such violation, the sum of One Dollar ($1.00). Each such owner or operator, may, after said forty-eight (48) hour period, and during the succeeding ninety-six (96) hour period, pay a penalty of Five Dollars ($5.00). Subsequent to this ninety-six (96) hour period and prior to the commencemen[ of court proceedings, each such owner or operator may pay to the City as a penalty for and in full satisfaction of such violation the sum of Thirty-five Dollars ($35.00). The failure of such owner or operator to make such payment shall render such owner or operator subject [o the penalties hereinafter provided for violation of the provisions of this section. Each time a designated parking period limit is exceeded even though such excesses shall be consecutive, shall con- stitute a separate violat3on. -3C- � . > February 18, 1982 S[ipulation Sch. Ordinance - Cont'd SECTION 9. That Section 27-86 of the Oshkosh Municipal Code pertaining to penalties for ordinance violations is hereby amended to read as follows: SECTION 27-86. PENALTIES. Every person convicted of a violation of any of the provisions of the following enumerated 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 fines and costs, by imprisonment in the County Jail for Winnebago County for the terms hereinafter stated: (A) A forfeiture of not less than Thirty-five Dollars ($35.00) nor more than Two Hundred Dollars ($200.00) and in default of paymen[ thereof by impriaonment for not exceeding sixty (o�) days for a viola- tion of any of the following: Article I, II, III, IV, VII, I%, X,XI. (B) A forfeiture of not less than Thirty-five Dollars ($35.00) nor more than One Hundred Dollars ($100.00) and in default of payment therebf - by imp-isonment for not exceeding ten (10) days for a violation of any of the following: Article V, VI. (C) A forfeiture of not less than Ten Dollars ($10.00) nor more than Fifty Dollars ($50.00) and in default of payment thereof by imprisonment for not exceeding ten (10) days for a vioTation of any of the following: Article VIII. SECTION 10. That Section 29-32 of the Oshkosh Municipal Code pertaining to penalties for ordinance violations is hereby amended to read as follows: SECTION 29-32 PENr1LT2ES. Any person who shall violate any of tiie pravisions of this Chapter or of any Section thereof, shall upon conviction thereof, be punished by a forfeiture of not less than Thirty-five Dollars ($35.00) nor more than Ttao Hundred Dollars ($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 viola- tion shall constitute a separate offense. SECTION 11. This ordinance shall be in full force and effect from and after its passage and date of publication. - 3D— S'JBMITI'ED BY APPEOVED �L�G'W��..�! February 4, 1982 PURPOSE: INITIATED BY: ai $ ORDINANCE ORDINANCE TO APfEND STIPUL�ITZON SCHEDULE, Pr1RKING FINES AND Pli:IALTIES FOR ORDIVA:ICE VIOLATIONS LEGAL DEP�I:T�?�NT A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 1-5.1(a), SECTION 27-48, SECTION 18-81, AND RE°EALING SECTION 18-50.1 OF TAE OSHKOSH MUNICIPAL CODE PERTAINING TO STIPULATION SCHEDULE, PARKING FI:IES AND PENALTIES FOR CITY ORDINANCE VZOLATIONS. :h2 Cc�aa Council of the Ciryo uf Oslvkosh do ordain as follows: SECTION 1. That Section 1-5.1(a) of the Oshkosh Municipal Code pertaining to stipulation of guilt for ordinance violations is hereby amended as follows: Add Thereto L- DISORDERLY CONDUCT � , $100.00 (second offense) D9��fAGING SCHOOL R.ES $ 75.00 $ 75.00 DEPARTMENT $ 75.00 SECTION 2. That Se ' n 27- of the Oshkosh Municipal Code pertaining to time limits on park'ng fi s.hereby amended to read as follows: SECTION 27-48. YMENT OF FINE; TIME LIMITS; FAILURE TO PAY FINE. Each such owner o�operator, may, within forty-eight (48) hours after 6:00 p.m. of the day of the violation pay to the city as a penalty for and in fu11 sat'is�actioa oL such vioia[ion, che sum of One Dollar ($1.00). Each such owner or operator, may, after said forty-eight (48) hour period, and during the succeeding ninety- six (96) hour period, pay a penalty of rive Dollars ($5.00). Subse- quent to this ninety-six (96) hour period and prior to the commence- ment of court proceedings, each such owner or operator may pay to the City as a penalty for and in full satisfaction of such violation the sum of 'itaenty Dollars ($20.00). The failure of such owner or operator to make such payment shall render such owner or operator sub- ject to the penalties hereinafter provided for violation of the pro- visions of this section. Each time a designated parking period limit is excee3ed even though such excesses shall be consecutive, shall con- stitute a separate violation. � CRDINANCE TO AMEND STIPULATION SCHEDULE, ETC. - Cont'd. SECTION 3. That Section 18-.50.1 of the Ost:kosh Niunicipal Code pertaining to penalties for certain ordinance violations is hereby repealed. SECTION 4. That Section 18-81 of the Oshkosh Municipal Code pertaining to penalties for ordinance violations is hereby amende3 to read as follows: SECTION 18-51 PENALTIES Every person convicted of a violation of any of the provisions of the following enumerated Sections of this Chapter sha11 for each offense, be punished hy the forfzitures as set forth, together with the costs of prosecution and in default of payiaent of such fines and costs, by imprisonment in the County Jail for Winnebago County for the terms hereinafter stated: (A) A forfeiture of not less than Thirty-five Dollars ($35.00) aar acre *_hae ��*o ELad-ed Dollars rS20:?,nn} ��g t❑ default af payaent thereof by imprisonment for not er,ceeding sixty (60) days for a vio- lation of any of the following: Section i8-1, 18-2, 18-4, 18-6, 18-7, 18-8, 18-8.1, 18-21, 18-12, 28-I3, 18-14, 18-15, 18-16, 18-17, 18-18, 18-18.1, 18-19, 18-20, 18-23, 18-24, 18-25, 18-26, 18-27, 18-28, 18-29, 18-30, 18-31, -32, 18-33, 18-36, 18-37, 18-38, 18-39, 18-40, 18-41, 1-42, 18-43, 18-44, 18-45, 18-46, 18-47, 18-48, 18-49, 1 5 18-51, 18-52, 18-53, 18-54, 18-55, 18-56, 18-58 1 60, J.8-62, 18-63, 18-64, 18-65, 18-66, 18-67 -68, 18-69, 18-70, 18-71, IS-73, 18-73.I, IS-74, I 7. (B) A forf it re o�p°t less than Fifty Dollars ($50.00) nor more than Fi un e��Dollars ($500.00) and in default of payment thereof by,_ p sbiiment for not exceeding ninety (90) days for a vzo2at�o� of.any of the following: Section 18-9, 1�,8-10. (C) A forfeiture of not less than Seventy-five Dollars ($75.00) nor more than Five Hundred Dollars {$500.00) and in default of pay- ment tnereof by im�risoament iur iwt zsc�F.ding un� hundred twe.ty (120) days for a violation of any of the following: Section 18-16.1, 18-22, 18-34, 18-35, I8-57, IS-59, 18-61, 18-72. (D) A£orfeiture of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) and in default of pay- ment thereof by imprisonment for not exceeding six (6) months for a violation of any of the following: Section 18-21, 18-21.1. SECTION 5. This ordinance shall be in ful force and effect from and after its passage and date of publication. 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