HomeMy WebLinkAbout27. 19-225 APRIL 9, 2019 19-225 ORDINANCE
FIRST READING
(CARRIED 7-0 LOST LAID OVER WITHDRAWN )
PURPOSE: ESTABLISH REGULATIONS FOR THE USE OF ELECTRONIC
SMOKING DEVICES
INITIATED BY: CITY ADMINISTRATION
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH CREATING SECTION 17-1.3
REGULATION OF ELECTRONIC SMOKING DEVICES; AND AMENDING SECTIONS
17-10 SMOKING IN MUNICIPAL BUILDINGS, OSHKOSH TRANSIT CENTER
PROPERTY & VEHICLES PROHIBITED, 17-18 REGULATIONS OF UNAUTHORIZED
PERSONS ON SCHOOL GROUNDS; AND 17-47 PENALTIES — JUVENILE, ALL
REGULATING THE USE OF ELECTRONIC SMOKING DEVICES IN THE CITY OF
OSHKOSH
The Common Council of the City of Oshkosh do ordain as follows:
SECTION 1. That Section 17-1.3 of the City of Oshkosh Municipal Code regulating
the use of electronic smoking devices within the City of Oshkosh is hereby created to read
as shown on the attachment to this ordinance.
SECTION 2. That Section 17-10 Smoking in Municipal Buildings, Oshkosh Transit
Center Property&Vehicles Prohibited, Section 17-18 Regulations of Unauthorized Persons
on School Grounds, and Section 17-47 Penalties -Juvenile of the Oshkosh Municipal Code
are hereby amended to read as shown on the attachment to this ordinance.
SECTION 3. This ordinance shall be in full force and effect from and after its
passage, and publication.
SECTION 4. In the event any section, subsection, clause, phrase or portion of this
ordinance is for any reason held illegal, invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision, and such holding shall not affect the validity of the remainder of
this ordinance. It is the legislative intent of the Common Council that this ordinance
would have been adopted if such illegal provision had not been included or any illegal
application had not been made.
APRIL 9, 2019 19-225 ORDINANCE
FIRST READING CONT'D
SECTION 5. Publication Notice
Please take notice that the City of Oshkosh enacted ordinance #19-XXX ESTABLISH
REGULATIONS FOR THE USE OF ELECTRONIC SMOKING DEVICES (A GENERAL
ORDINANCE OF THE CITY OF OSHKOSH CREATING SECTION 17-1.3 REGULATION
OF ELECTRONIC SMOKING DEVICES; AND AMENDING SECTIONS 17-10 SMOKING
IN MUNICIPAL BUILDINGS, OSHKOSH TRANSIT CENTER PROPERTY & VEHICLES
PROHIBITED, 17-18 REGULATIONS OF UNAUTHORIZED PERSONS ON SCHOOL
GROUNDS; AND 17-47 PENALTIES — JUVENILE, ALL REGULATING THE USE OF
ELECTRONIC SMOKING DEVICES IN THE CITY OF OSHKOSH) on April 23, 2019. The
ordinance and amendments to Chapter 17 establish regulations for possession and use of
electronic smoking devices by persons under the age of 18 and by persons within city
owned property and vehicles and on school property within the City of Oshkosh.
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.
CHAPTER 17
MORALS AND CONDUCT
Section 17-1.3 REGULATION OF ELECTRONIC SMOKING DEVICES
(A) Definitions. The following words, when used in this section, shall have the following
meanings:
(1) "Child" means a person who is less than eighteen(18) years of age.
(2) "Electronic Smoking Device" means an electronic device that can be used to deliver an
inhaled dose of nicotine, or other substances, and includes any component part or
accessory of such a device, whether or not sold separately. Electronic Smoking Devices
are known by many different names including, but not limited to;e-cigs, vape pens,
vapes, mods, tank systems, e-hookahs, or electronic nicotine delivery systems.
Electronic Smoking Devices may be manufactured, distributed, or sold as electronic
cigarettes, electronic cigars, electric cigarillos, electronic pipes, electronic hookahs, or
any other product name or descriptor.
(B) Prohibited Conduct
(1) No child shall purchase or attempt to purchase an Electronic Smoking Device.
(2) No child shall possess or attempt to possess an Electronic Smoking Device.
(3) No person shall give, furnish, sell or offer for sale an Electronic Smoking Device to a
child, including but not limited to, through a vending machine.
(C) Exceptions. Subsection(B) shall not apply to a child who is participating in any of the
following:
(1) An undercover operation in which the child purchases or receives an Electronic
Smoking Device under the direction of the child's employer and with the prior approval
of the local prosecutor's office as part of an employer-sponsored internal enforcement
action.
(2) An undercover operation in which a child purchases or receives an Electronic Smoking
Device under the direction of the state police or a local police agency as part of an
enforcement action, unless the initial or contemporaneous purchase or receipt of the
Electronic Smoking Device by the child was not under the direction of the state police or
the local police agency and was not part of the undercover operation.
SECTION 17-10 SMOKING IN MUNICIPAL BUILDINGS,OSHKOSH TRANSIT CENTER
PROPERTY&VEHICLES PROHIBITED
(A) As used in this Ordinance:
(1) "Building' means any enclosed area of a structure owned, leased or administered by the
City of Oshkosh; excepting the Oshkosh Convention Centre, and those facilities leased to,
or otherwise occupied by non-governmental entities other than the Grand Opera House;
and excepting facilities owned, leased operated or administered by the Oshkosh Housing
Authority.
(2) "Vehicle" means any self-propelled, enclosed vehicle owned or leased by the City of
Oshkosh, including those vehicles contracted for passenger transportation services.
(3) "Smoking" means using, carrying or possessing, a lighted cigarette, cigar, pipe, Electronic
Smoking Device (as defined in Section 17-1.3) or other lighted smoking equipment.
(B) Prohibited Conduct: It shall be unlawful and a violation of this Ordinance for any person to
engage in smoking in any City of Oshkosh building, on the Oshkosh Transit Center property
located at 110 Pearl Avenue or in a City of Oshkosh vehicle.
(C) Notification:All buildings and vehicles shall be posted in accord with the terms of this Ordinance
and Wisconsin Statute 101.123. Posting shall be at the entrance to all City of Oshkosh buildings
and in conspicuous locations on or near the Oshkosh Transit Center property and on or in City
vehicles to notify the public and employees that smoking is prohibited.
(D) Penalty and Enforcement: Any person convicted of a violation of this Ordinance shall forfeit an
amount not less than$25.00 nor more than$500.00. The City of Oshkosh Police Department shall
be the enforcement agency of this Ordinance. A court of competent jurisdiction may impose any
alternative penalty as permitted by law. (Effective September 1, 1997.)
SECTION 17-18 REGULATIONS OF UNAUTHORIZED PERSONS ON SCHOOL GROUNDS
(A) During regular school hours, no person, not a student in regular attendance in the school or an
employee of the Oshkosh Area Board of Education assigned to the particular school, shall be in
the building or on the grounds of said school without first having obtained permission of the
principal, acting principal or assistant principal having immediate control of said building or
grounds.For purposes of this section, "a student in regular attendance"shall mean a student who
is in his/her assigned classroom or elsewhere on the school premises with permission from the
principal, the student's teacher, or other authorized school official. A student who is serving an
out of school suspension, has been expelled from the school, or is truant from his/her assigned
class is an unauthorized person.
(B) Any person who goes into a school building or onto the school grounds in violation of Subsection
(A) above and subsequently refuses to leave said building or grounds after being requested to do
so by the principal or his/her representative shall be deemed in violation of the ordinance.
(C) During non-school hours, no person shall be in a school building or on school grounds without
first having obtained permission of the principal, acting principal, or assistant principal having
immediate control of said building or grounds.
(D) Subsections (A), (B), and (C) above shall not pertain to an elector entering said school building to
cast his/her ballot on designated election days, guardians/parents of students who are enrolled in
the particular school, and other persons engaged in school business who are otherwise adhering
to school policies.
(E) No person shall chew and/or smoke tobacco products in a school building or on school grounds,
nor shall any person possess or attempt to possess an Electronic Smoking Device (as defined in
Section 17-1.3) in a school building or on school grounds.
SECTION 17-47 PENALTIES -JUVENILE
Every juvenile 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 suspension of operator's
privilege for a period not to exceed 60 months or imprisonment in the County Jail for Winnebago County:
(A) General Penalty. Any juvenile person who violates any provision of this Chapter for which a
specific penalty is not provided below shall be subject to a forfeiture of not less than Fifty dollars
($50.00).
(B) For juveniles age 12-13 years inclusive, a forfeiture of not less than twenty five Dollars ($25.00),
except that the minimum forfeiture for a second or subsequent offense within a twelve month
period shall be Fifty Dollars ($50.00), for a violation of any of the following:
Section 17-8; 17-9; 17-1 adopting §943.20, §943.21, §943.22, §943.225, §943.34, §943.37,
§943.41, §943.45, §943.455, §943.46, §943.47, §943.50, §943.55, §943.61, §943.70, §947.01,
§947.012, §947.0125, and§948.62 Wis. Stats.
(C) For juveniles age 12-13 years inclusive, a forfeiture of not less than twenty five Dollars ($25.00)
for a violation of any of the following:
Section 17-5, 17-6
(D) For juveniles age 14-16 years, inclusive, a forfeiture of not less than Fifty Dollars ($50.00), except
that the minimum forfeiture for a second or subsequent offense within a twelve month period
shall be One Hundred Dollars ($100.00), for a violation of any of the following:
Section 17-8; 17-9; 17-1 adopting §943.20, §943.21, §943.22, §943.225, §943.34, §943.37,
§943.41, §943.45, §943.455, §943.46, §943.47, §943.50, §943.55, §943.61, §943.70, §947.01,
§947.012, §947.0125, and§948.62 Wis. Stats.
(E) For juveniles age 14-16 years, inclusive, a forfeiture of not less than Fifty Dollars ($50.00), for a
violation of any of the following:
Section 17-5, 17-6
(F) A forfeiture of not less than Fifty Dollars($50.00),except that the minimum forfeiture for a second
offense within a twelve month period shall be One Hundred Dollars ($100.00) and the minimum
forfeiture of a third or subsequent offense within a twelve month period shall be One Hundred
Fifty Dollars ($150.00) for a violation of any of the following:
Section 17-1 adopting§941.315 and§961.41(3g) Wis. Stats.
(G) A forfeiture of not less than Twenty-five Dollars ($25.00) for a violation of any of the following:
Section 17-1.3; 17-18; 17-17; 17-19; 17-37; and 17-1 adopting§254.92 Wis. Stats.
(H) A forfeiture of not less than Seventy-five Dollars ($75.00) for a violation of any of the following:
Section 17-4; 17-14; 17-1 adopting§943.13, §943.14, §943.145 and§943.15 Wis. Stats.
(I) A forfeiture of not less than One Hundred Dollars($100.00)for a violation of any of the following:
Section 17-3; 17-1 adopting§941.2965 Wis. Stats.
(J) A forfeiture of not less than One Hundred Fifty Dollars ($150.00) for a violation of any of the
following:
Section 17-1 adopting§940.19(1) and§946.41 Wis. Stats.
Section 17-1.2
(K) A forfeiture of not less than Two Hundred Dollars($200.00)for a violation of any of the following:
Section 17-17.1
CHAPTER 17
MORALS AND CONDUCT
Section 17-1.3 REGULATION OF ELECTRONIC SMOKING DEVICES
(A) Definitions. The following words, when used in this section, shall have the following
meanings:
(1) Child" means a person who is less than eighteen (18) years of au.
(2) "Electronic Smoking Device" means an electronic device that can be used to deliver an
inhaled dose of nicotine, or other substances, and includes any component part or
accessory of such a device, whether or not sold separately. Electronic Smoking Devices
are known by many different names including, but not limited to;e-cies, vape pens,
vapes, mods, tank systems, e-hookahs, or electronic nicotine delivery systems.
Electronic Smoking Devices may be manufactured, distributed, or sold as electronic
cigarettes,electronic cigars, electric cigarillos, electronic pipes, electronic hookahs, or
any other product name or descriptor.
(B) Prohibited Conduct
(1) No child shall purchase or attempt to purchase an Electronic Smoking Device.
(2) No child shall possess or attempt to possess an Electronic Smoking Device.
(3) No person shall give, furnish, sell or offer for sale an Electronic Smoking Device to a
child, including but not limited to, through a vending machine.
(C) Exceptions. Subsection (B) shall not apply to a child who is participating in any of the
followjDz:
(1) An undercover operation in which the child purchases or receives an Electronic
Smoking Device under the direction of the child's employer and with the prior approval
of the local prosecutor's office as part of an employer-sponsored internal enforcement
action.
(2) An undercover operation in which a child purchases or receives an Electronic Smoking
Device under the direction of the state police or a local police agency as part of an
enforcement action, unless the initial or contemporaneous purchase or receipt of the
Electronic Smoking Device by the child was not under the direction of the state police or
the local police agency and was not part of the undercover operation.
SECTION 17-10 SMOKING IN MUNICIPAL BUILDINGS,OSHKOSH TRANSIT CENTER
PROPERTY&VEHICLES PROHIBITED
(A) As used in this Ordinance:
(1) "Building' means any enclosed area of a structure owned, leased or administered by the
City of Oshkosh; excepting the Oshkosh Convention Centre, municipal golf couFse and
those facilities leased to,or otherwise occupied by non-governmental entities other than the
Grand Opera House; and excepting facilities owned, leased operated or administered by
the Oshkosh Housing Authority.
(2) "Vehicle" means any self-propelled, enclosed vehicle owned or leased by the City of
Oshkosh, including those vehicles contracted for passenger transportation services.
(3) "Smoking" means using, carrying or possessing, a lighted cigarette, cigar, pipe, Electronic
Smoking Device (as defined in Section 17-1.3) or other lighted smoking equipment.
(B) Prohibited Conduct: It shall be unlawful and a violation of this Ordinance for any person to
engage in smoking in any City of Oshkosh building, on the Oshkosh Transit Center property
located at 110 Pearl Avenue or in a City of Oshkosh vehicle.
(C) Notification:All buildings and vehicles shall be posted in accord with the terms of this Ordinance
and Wisconsin Statute 101.123. Posting shall be at the entrance to all City of Oshkosh buildings
and in conspicuous locations on or near the Oshkosh Transit Center property and on or in City
vehicles to notify the public and employees that smoking is prohibited.
(D) Penalty and Enforcement: Any person convicted of a violation of this Ordinance shall forfeit an
amount not less than$25.00 nor more than$500.00. The City of Oshkosh Police Department shall
be the enforcement agency of this Ordinance. A court of competent jurisdiction may impose any
alternative penalty as permitted by law. (Effective September 1, 1997.)
SECTION 17-18 REGULATIONS OF UNAUTHORIZED PERSONS ON SCHOOL GROUNDS
(A) During regular school hours, no person, not a student in regular attendance in the school or an
employee of the Oshkosh Area Board of Education assigned to the particular school, shall be in
the building or on the grounds of said school without first having obtained permission of the
principal, acting principal or assistant principal having immediate control of said building or
grounds.For purposes of this section, "a student in regular attendance"shall mean a student who
is in his/her assigned classroom or elsewhere on the school premises with permission from the
principal, the student's teacher, or other authorized school official. A student who is serving an
out of school suspension, has been expelled from the school, or is truant from his/her assigned
class is an unauthorized person.
(B) Any person who goes into a school building or onto the school grounds in violation of Subsection
(A) above and subsequently refuses to leave said building or grounds after being requested to do
so by the principal or his/her representative shall be deemed in violation of the ordinance.
(C) During non-school hours, no person shall be in a school building or on school grounds without
first having obtained permission of the principal, acting principal, or assistant principal having
immediate control of said building or grounds.
(D) Subsections (A), (B), and (C) above shall not pertain to an elector entering said school building to
cast his/her ballot on designated election days, guardians/parents of students who are enrolled in
the particular school, and other persons engaged in school business who are otherwise adhering
to school policies.
(E) No person shall chew and/or smoke tobacco products in a school building or on school grounds,
nor shall any person possess or attempt to possess an Electronic Smoking Device (as defined in
Section 17-1.3) in a school building or on school grounds.:
SECTION 17-47 PENALTIES -JUVENILE
Every juvenile 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 suspension of operator's
privilege for a period not to exceed 60 months or imprisonment in the County Jail for Winnebago County:
(A) General Penalty. Any juvenile person who violates any provision of this Chapter for which a
specific penalty is not provided below shall be subject to a forfeiture of not less than Fifty dollars
($50.00).
(B) For juveniles age 12-13 years inclusive, a forfeiture of not less than twenty five Dollars ($25.00),
except that the minimum forfeiture for a second or subsequent offense within a twelve month
period shall be Fifty Dollars ($50.00), for a violation of any of the following:
Section 17-8; 17-9; 17-1 adopting §943.20, §943.21, §943.22, §943.225, §943.34, §943.37,
§943.41, §943.45, §943.455, §943.46, §943.47, §943.50, §943.55, §943.61, §943.70, §947.01,
§947.012, §947.0125, and§948.62 Wis. Stats.
(C) For juveniles age 12-13 years inclusive, a forfeiture of not less than twenty five Dollars ($25.00)
for a violation of any of the following:
Section 17-5, 17-6
(D) For juveniles age 14-16 years, inclusive, a forfeiture of not less than Fifty Dollars ($50.00), except
that the minimum forfeiture for a second or subsequent offense within a twelve month period
shall be One Hundred Dollars ($100.00), for a violation of any of the following:
Section 17-8; 17-9; 17-1 adopting §943.20, §943.21, §943.22, §943.225, §943.34, §943.37,
§943.41, §943.45, §943.455, §943.46, §943.47, §943.50, §943.55, §943.61, §943.70, §947.01,
§947.012, §947.0125, and§948.62 Wis. Stats.
(E) For juveniles age 14-16 years, inclusive, a forfeiture of not less than Fifty Dollars ($50.00), for a
violation of any of the following:
Section 17-5, 17-6
(F) A forfeiture of not less than Fifty Dollars($50.00),except that the minimum forfeiture for a second
offense within a twelve month period shall be One Hundred Dollars ($100.00) and the minimum
forfeiture of a third or subsequent offense within a twelve month period shall be One Hundred
Fifty Dollars ($150.00) for a violation of any of the following:
Section 17-1 adopting§941.315 and§961.41(3g) Wis. Stats.
(G) A forfeiture of not less than Twenty-five Dollars ($25.00) for a violation of any of the following:
Section 17-1.3, 17-18; 17-17; 17-19; 17-37; and 17-1 adopting§254.92 Wis. Stats.
(H) A forfeiture of not less than Seventy-five Dollars ($75.00) for a violation of any of the following:
Section 17-4; 17-14; 17-1 adopting§943.13, §943.14, §943.145 and§943.15 Wis. Stats.
(I) A forfeiture of not less than One Hundred Dollars($100.00)for a violation of any of the following:
Section 17-3; 17-1 adopting§941.2965 Wis. Stats.
(J) A forfeiture of not less than One Hundred Fifty Dollars ($150.00) for a violation of any of the
following:
Section 17-1 adopting§940.19(1) and§946.41 Wis. Stats.
Section 17-1.2
(K) A forfeiture of not less than Two Hundred Dollars($200.00)for a violation of any of the following:
Section 17-17.1