HomeMy WebLinkAbout20. 18-17 JANUARY 9, 2018 18-17 ORDINANCE
FIRST READING
(CARRIED LOST LAID OVER WITHDRAWN 6-0 )
PURPOSE: AMEND PENALTIES FOR POSSESSION OF MARIJUANA
/ADULTS
INITIATED BY: COMMON COUNCIL
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 17-46
OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO THE PENALTY FOR
POSSESSION OF MARIJUANA BY AN ADULT
WHEREAS, the City of Oshkosh has adopted a municipal ordinance prohibiting
the possession of marijuana and adopted certain penalties associated with violation of that
ordinance; and
WHEREAS, the Common Council has received and filed a petition requesting that
the penalty for a first offense violation of the municipal ordinance pertaining to marijuana
possession be reduced; and
WHEREAS, the Common Council has considered the petition and other pertinent
information and finds that the penalty for first offense marijuana possession by an adult
should be adjusted as provided by this ordinance.
The Common Council of the City of Oshkosh do ordain as follows:
SECTION 1. That Section 17-46(F) of the Oshkosh Municipal Code pertaining to
the penalty for adult violations is hereby amended to delete the penalty for violation of
Section 17-1 adopting §961.41(3g) Wisconsin Statutes pertaining to possession of
marijuana.
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SECTION 2. That Section 17-46(K) of the Oshkosh Municipal Code pertaining to
the penalty for adult violations for violation of Section 17-1 adopting §961.41(3g)
Wisconsin Statutes pertaining to possession of marijuana is hereby created to read as
follows:
(K) A forfeiture of not less than fifty ($50.00) nor more than five hundred dollars
($500.00) for a first offense of possession where the amount possessed is equal to or less
than seven grams (< 7 grams), together with the costs of prosecution for a violation of the
following:
Section 17-1 adopting§961.41(3g) Wis. Stats.
SECTION 3. That Section 17-46(L) of the Oshkosh Municipal Code pertaining to
the penalty for adult violations for violation of Section 17-1 adopting §961.41(3g)
Wisconsin Statutes pertaining to possession of marijuana is hereby created to read as
follows:
(L) A forfeiture of not less than one hundred fifty ($150.00) nor more than five
hundred dollars ($500.00) for a first offense of possession where the amount possessed is
greater than seven grams (> 7 grams) but less than or equal to twenty-eight grams (< 28
grams) or for a second or subsequent offense, together with the costs of prosecution for a
violation of the following:
Section 17-1 adopting§961.41(3g) Wis. Stats.
SECTION 4. This ordinance shall be in full force and effect from and after its
passage, and publication.
SECTION 5. Publication Notice
Please take notice that the City of Oshkosh enacted ordinance #18-XXX (A GENERAL
ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 17-46 OF THE
OSHKOSH MUNICIPAL CODE PERTAINING TO THE PENALTY FOR POSSESSION
OF MARIJUANA BY AN ADULT). The ordinance amends the base penalty for
possession of marijuana by an adult to $50 for a first offense if the amount of marijuana
possessed is less than or equal to 7 grams and $150 for a first offense if the amount of
JANUARY 9, 2018 18-17 ORDINANCE
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marijuana possessed is greater than 7 grams but less than or equal to 28 grams or for
second or subsequent offenses.
The full text of the ordinance may be obtained at the Office of the City Clerk, 215
Church Avenue and through the City's website at www.ci.oshkosh.wi.us. Clerk's
phone: 920/236-5011.