HomeMy WebLinkAbout35. 18-238 APRIL 10, 2018 APRIL 24, 2018 18-199 18-238 ORDINANCE
FIRST READING SECOND READING
(CARRIED 6-0 LOST LAID OVER WITHDRAWN )
PURPOSE: AMEND MUNICIPAL CODE PROVISION ADOPTING STATE
STATUTE REGULATING PURCHASE OR POSSESSION OF
TOBACCO PRODUCTS BY PERSONS UNDER 18
INITIATED BY: CITY ADMINISTRATION
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 17-1 OF
THE OSHKOSH MUNICIPAL CODE PERTAINING TO ADOPTION OF STATE
STATUTE REGULATING PURCHASE OR POSSESSION OF TOBACCO PRODUCTS BY
PERSONS UNDER 18
The Common Council of the City of Oshkosh do ordain as follows:
SECTION 1. That Section 17-1 of the Oshkosh Municipal Code pertaining to the
adoption of the State Statute regulating purchase or possession of tobacco products by
persons under 18 years of age is hereby amended to change the reference to §938.983 Wis.
Stats. to §254.92 Wis. Stats -- Purchase or Possession of cigarettes or tobacco products by
person under 18 prohibited in accordance with updates to the State Statutes.
SECTION 2. This ordinance shall be in full force and effect from and after its
passage, and publication.
SECTION 3. Publication Notice
Please take notice that the City of Oshkosh enacted ordinance #18-238 AMEND
MUNICIPAL CODE PROVISION ADOPTING STATE STATUTE REGULATING
PURCHASE OR POSSESSION OF TOBACCO PRODUCTS BY PERSONS UNDER 18 (A
GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 17-1 OF
THE OSHKOSH MUNICIPAL CODE PERTAINING TO ADOPTION OF STATE
STATUTE REGULATING PURCHASE OR POSSESSION OF TOBACCO PRODUCTS BY
PERSONS UNDER 18) on April 24, 2018, to amend the reference to the state statute
APRIL 10, 2018 APRIL 24, 2018 18-199 18-238 ORDINANCE
FIRST READING SECOND READING
regulating the purchase or possession of cigarettes or tobacco products by persons under
18 years of age in accordance with updates to Wisconsin Statutes.
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.
TO: Mayor and Members of the Common Council
FROM: Lynn A. Lorenson, City Attorney
DATE: April 5, 2018
RE: Amend Municipal Code Provision Adopting State Statute Regulating Purchase or
Possession of Tobacco Products by Persons under 18
BACKGROUND
The City of Oshkosh adopts certain State Statutes by reference. The City had previously adopted
the State Statute prohibiting the purchase or possession of cigarettes or tobacco products by
persons under the age of 18 by reference to allow for the issuance of municipal citations for
violation. The statute has been removed from Chapter 938 — the children's code and placed in
Chapter 254 which governs environmental health. While the Municipal Code contains
provisions automatically adopting updates, it is advisable to amend the code to reference the
updated provisions for clarity.
ANALYSIS
The proposed ordinance updates references for the municipal ordinance adopting the state
statute provisions regulating the purchase or possession of cigarettes or tobacco products by
persons under the age of 18.
FISCAL IMPACT
There is no fiscal impact with the adoption of this ordinance.
RECOMMENDATION
Staff recommends adoption of the ordinance.
Respectfully Submitted,
1 1".S
A. aLorenson
City Attorney
Approved:
Mark A. Rohloff
City Manager
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us