HomeMy WebLinkAboutChapter 01 - General Provisions City of Oshkosh Municipal Codes
Revised 08/28/18
CHAPTER 1
GENERAL PROVISIONS
ARTICLE I. GENERAL PROVISIONS
1-1 DESIGNATION AND CITATION OF CODE
1-2 EFFECT ON PAST ACTIONS AND OBLIGATIONS
1-3 CONTINUITY OF PREVIOUS PROVISIONS
1-4 VALIDITY AND SEVERABILITY
1-4.1 AUTHORIZE TRAFFIC OFFICERS
1-5 GENERAL PENALTY PROVISION FOR ORDINANCE VIOLATION
1-5.1 BOND SCHEDULE ORDINANCE VIOLATIONS; STIPULATION OF GUILD; EXCEPTIONS
1-5.2 ORDINANCE VIOLATIONS; STIPULATION OF GUILT; EXCEPTIONS - ALL PERTAININT TO
JUVENILES
1-5.3 ISSUANCE OF CITATIONS FOR VIOLATIONS OF ORDINANCES
1-5.4 IMPLEMENT PENALTY PROVISION FOR LAW ENFORCEMENT TRAINING FUND
1-6 JUDGMENT TO INCLUDE COSTS AND SENTENCE
1-7 CONFLICTING PROVISIONS
1-8 SAME OFFENSE PUNISHABLE BY DIFFERENT SECTIONS OF CODE
1-8.1 PARTIES TO ORDINANCE VIOLATIONS
1-9 CERTIFIED COPY OF ORDINANCE ADMISSIBLE INTO EVIDENCE
1-10 PUBLICATION OF ORDINANCES
1-11 PRESERVATION OF ORDINANCES
1-12 MAINTENANCE OF CODE
ARTICLE II. DEFINITIONS AND INTERPRETATION
1-13 DEFINITIONS
1-14 GRAMMATICAL INTERPRETATION
1-15 INTERPRETATION OF SECTION NUMBERS
ARTICLE III. RULES OF CONSTRUCTION
1-16 HEADINGS AND CATCHLINES
1-17 TERRITORIAL APPLICABILITY
1-18 REFERENCE TO ORDINANCE AND CHARTER
1-19 REFERENCE TO STATUTES
1-20 REFERENCE INCLUDES AMENDMENTS
1-21 PROHIBITED ACTS;INCLUDE CAUSING,PERMITTING
1-22 NOTICES; SERVICE AND PROOF
ARTICLE IV. PRESERVATION OF PUBLIC RECORDS
1-23 PUBLIC RECORDS
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1-24 RESERVED
1-25 RESERVED
1-26 RESERVED
1-27 RESERVED
ARTICLE V. BOUNDARIES
1-28 CITY BOUNDRIES ) Maps are available
1-29 BENCHMARKS ) in Department of
1-30 SHORE LINE DESCRIPTION ) Community Development.
ARTICLE I. PROVISIONS APPLICABLE TO ENTIRE OSHKOSH CODE
SECTION 1-1 DESIGNATION AND CITATION OF CODE
This Code may at all times be referred to as the "Municipal Code of the City of Oshkosh" or "Oshkosh
Municipal Code"and whenever cited hereafter in connection with any of the provisions that follow may be
referred to as"this Code". It shall be sufficient to designate any ordinance adding to,amending or repealing
this Code as an addition or amendment to, or repeal of, the "Municipal Code of the City of Oshkosh" or
"Oshkosh Municipal Code". Also,in any prosecution for the violation of any provision of this Code,it shall
be sufficient to designate this Code as the"Municipal Code of the City of Oshkosh"or"Oshkosh Municipal
Code."
SECTION 1-2 EFFECT ON PAST ACTIONS AND OBLIGATIONS
Neither the adoption of this Code nor the repeal hereby of any ordinance of this City shall in any manner
affect the prosecution for violation of ordinances,which violations were committed prior to the effective
date hereof, nor be construed as a waiver of any license or penalty at said effective date due and unpaid
under such ordinance,not be construed as affecting any of the provisions of such ordinance relating to the
collection of any such license or penalty or the penal provisions applicable to any violation thereof,not to
affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited
pursuant to any ordinance,and all rights and obligations thereof appertaining shall continue in full force
and effect.
SECTION 1-3 CONTINUITY OF PREVIOUS PROVISIONS
The provisions of this Code,insofar as they are substantially the same as ordinance provisions previously
adopted by the City relating to the same subject matter, shall be construed as restatements and
continuations thereof and not as new enactments
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SECTION 1-4 VALIDITY AND SEVERABILITY
If any section, subsection, sentence, clause or phrase of this Code is for any reason held to be invalid or
unconstitutional such decision shall not affect the validity of the remaining portions of this Code. The
Council hereby declares that it would have passed this Code,and each section,subsection,sentence,clause
and phrase thereof,irrespective of the fact that any one or more sections,subsections,sentences,clauses or
phrases had been declared invalid or unconstitutional,and if for any reason this Code or any part thereof
should be declared invalid or unconstitutional,then the original ordinance or ordinances which said Code
or part thereof supersedes shall be in full force and effect.
SECTION 1-4.1 AUTHORIZE TRAFFIC OFFICERS
For purposes of directing vehicular and pedestrian traffic on public or private property or in the right of
way areas of the City of Oshkosh,duly appointed Community Service Officers and Auxiliary Police Officers
are hereby designated as "Traffic Officers" within the meaning of Sections 340.01(70) and 346.04 of the
Wisconsin Statutes and are hereby authorized to direct and control vehicular and pedestrian traffic as
assigned through the Oshkosh Police Department.
SECTION 1-5 GENERAL PENALTY PROVISION FOR ORDINANCE VIOLATION
Whenever, in any section of this Code or any section of a rule or regulation promulgated hereunder, the
doing of any act is required, prohibited, or declared to be unlawful and no definite fine or penalty is
provided for a violation,thereof,any person,who shall be convicted of a violation of any such section shall,
for each offense,be fined in a sum not more than Five Hundred Dollars($500.00),together with the costs of
prosecution, and in default in payment thereof, shall be imprisoned in the county jail until such fine and
costs are paid,not to exceed ninety(90) days. The suspension or revocation of any license or certificate,or
other privilege conferred by the City, shall not be regarded as a penalty for the purpose of this Code.
SECTION 1-5.1 BOND SCHEDULE ORDINANCE VIOLATIONS; STIPULATION OF GUILT;
EXCEPTIONS
(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
may appear at the Oshkosh Police Department seventy-two(72)hours prior to the time established
for appearance in court and enter a plea of "no contest" to such charges and, unless specifically
enumerated herein,forfeit the sum of Fifty Dollars($75.00)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$150.00,plus penalty assessment and court costs.
Persons stipulating to the charges shall forfeit the sum specifically enumerated within the Oshkosh
City Ordinance Bond Schedule on file in the Office of the City Clerk plus the penalty assessment and
Court costs set by Sections 165.87 and 814.63 of the Wisconsin Statutes, as allowed by statute.
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(B) When a person charged with such violation signs a Stipulation of Guilt and/or enters a plea of"no
contest"and pays the fine and cost as set out in subsection(A)herein,such person need not appear
in court and no witness fees shall be taxed.
SECTION 1-5.2 ORDINANCE VIOLATIONS; STIPULATION OF GUILT; EXCEPTIONS--ALL
PERTAINING TO JUVENILES
Any person who is of the age of 12 to 16 to whom a summons or citation 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 may appear at the Oshkosh Police Department seventy-two (72) hours prior to the time
established for appearance in court and enter a plea of"no contest"to such charge and forfeit the stipulated
amount as set forth elsewhere in this Code.
SECTION 1-5.3 ISSUANCE OF CITATIONS FOR VIOLATIONS OF ORDINANCES
(1) Pursuant to Section 66.119 of the Wisconsin Statutes,the City of Oshkosh hereby elects to use the
citation method of enforcement of ordinances including those ordinances for which a statutory
counterpart exists.
(2) THE CITATION.
(a) The citation shall contain the following:
1. The name and address of the alleged violator.
2. The factual allegations describing the alleged violation.
3. The time and place of the offense.
4. The section of the ordinance violated.
5. A designation of the offense in such manner as can be readily understood by a person
making a reasonable effort to do so.
6. The time at which the alleged violator may appear in court.
7. A statement which in essence informs the alleged violator:
a. That the alleged violator may make a cash deposit of a specified amount to be mailed
to a specified official within a specified time.
b. That if the alleged violator makes such a deposit,he or she need not appear in court
unless subsequently summoned.
c. That if the alleged violator makes a cash deposit and does not appear in court,either
he or she will be deemed to have deposit, the alleged violator shall sign an
appropriate statement which accompanies the citation to indicate that he or she read
the statement required under sub-section 7 and shall send the signed statement with
the cash deposit.
8. Such other information as may be deemed necessary.
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(3) SCHEDULE OF DEPOSITS.
(a) The following schedule of cash deposits is established for use with citations issued under
this ordinance. For violations of Chapter 7 of the Oshkosh Municipal Code(Building Code),
Chapter 11 of the Oshkosh Municipal Code (Electrical Code), Chapter 16 of the Oshkosh
Municipal Code(Housing),Chapter 20 of the Oshkosh Municipal Code(Plumbing),Chapter
29 of the Oshkosh Municipal Code (Weights and Measures) - $75.00 plus 15% penalty
provisions plus costs. All other citations issued under this ordinance shall carry a cash
deposit as prescribed in Section 1-5.1 of the Oshkosh Municipal Code.
(b) Deposits shall be made in cash,money order or certified check to the Treasurer of Clerk of
Circuit Court,or other official designated by the City,who shall provide a receipt therefor.
(4) ISSUANCE OF CITATION. Law Enforcement Officer. Any law enforcement officer may issue
citations authorized by this municipal code. In addition, the following are hereby designated as
City officials who may issue citations with respect to ordinances directly related to their official
responsibilities: Fire Chief, Fire Inspector, Building Inspector, Electrical Inspector, Weights and
Measures Inspector,Plumbing Inspector and Plumbing Supervisor,Housing Inspector,Sanitation
Superintendent,Director of Community Development,and Director of Public Works/City Engineer.
In addition,the above mentioned individuals may delegate,with the approval of the City Manager,
the authority to their assistants or other designee.
In addition, employees of the Oshkosh Police Department appointed by the Common Council as
Humane Officers may issue citations to enforce Chapter 6 of this municipal code.
In addition,employees of the City of Oshkosh Parks Department may issue parking tickets and/or
citations to enforce Sections 19-7.1 pertaining to boat launch areas and on-land boat storage stalls in
Menominee Park and 27-32 of this municipal code pertaining to parking spaces reserved for vehicles
displaying special registration plates or special identification cards,in particular,all handi-capped
parking areas within all boat launch areas.
(4) PROCEDURE. Section 66.119(3) of the Wisconsin Statutes, relating to violator's options and
procedure on default, is hereby adopted and incorporated herein by reference.
(5) NONEXCLUSIVITY.
(a) Other Ordinance. Adoption of this ordinance does not preclude the Council from adopting
any other ordinance or providing for the enforcement of any other law ordinance relating to
the same or other matters.
(b) Other remedies. The issuance of a citation hereunder shall not preclude the City or any
authorized officer from proceeding under any other ordinance or law or by any other
enforcement method to enforce any ordinance,regulation or order.
(6) SEVERABILITY. If any provision of this ordinance is invalid or unconstitutional, or if the
application of this ordinance to any person or circumstances is invalid or unconstitutional, such
invalidity or unconstitutionality shall not affect the provisions or applications of this ordinance
which can be given effect without the invalid or unconstitutional provision or application.
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SECTION 1-5.4 IMPLEMENT PENALTY PROVISION FOR LAW ENFORCEMENT TRAINING
FUND
All the provisions of Chapters 165.87, 59.20(5)(B), and 59.395(5) of the Wisconsin Statutes describing and
defining the provisions of a Penalty Assessment to be added on to Municipal Ordinance Penalties are
hereby adopted and by reference made a part of this ordinance as if fully set forth herein.
SECTION 1-6 JUDGMENT TO INCLUDE COSTS AND SENTENCE
Whenever a forfeiture is imposed as punishment for any offense, or when a penalty or forfeiture is
recovered for violation of any of the provisions of this code, the judgment shall include the penalty
assessment provided by Sec. 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 reference and shall provide 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 1-7 CONFLICTING PROVISIONS
If the provisions of the different chapters of this Code conflict with or contravene each other,the provisions
of each chapter shall prevail to all matters and questions arising out of the subject matter of such chapter.
SECTION 1-8 SAME OFFENSE PUNISHABLE BY DIFFERENT SECTIONS OF CODE
In all cases where the same offense is made punishable or is created by different clauses or sections of this
Code, the City Attorney may elect under which to proceed;but not more than one recovery shall be had
against the same person for the same offense.
SECTION 1-8.1 PARTIES TO ORDINANCE VIOLATIONS
(A) Whoever is concerned in the violation of an ordinance is a principal and may be charged with and
convicted of violating the ordinance although he did not directly violate it and although the person
who directly violated it has not been convicted or has been convicted of some other ordinance
violation based on the same act.
(B) A person is concerned in the violation of an ordinance if he:
(1) Directly violates the ordinance; or
(2) Intentionally aids and abets the violation of it; or
(3) Is a party to a conspiracy with another to violate it or advises,hires,counsels or otherwise
procures another to violate it. Such a party is also concerned in the violation of any other
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ordinance which is committed in pursuance of the intended violation and which under the
circumstances is a natural and probable consequence of the intended violation. This
paragraph does not apply to a person who voluntarily changes his mind and no longer
desires that the ordinance be violated and notifies the other parties concerned of his
withdrawal within a reasonable time before the violation of the ordinance so as to allow the
others also to withdraw.
SECTION 1-9 CERTIFIED COPY OF ORDINANCE ADMISSIBLE INTO EVIDENCE
Any printed copy of this revised Municipal Code or any printed supplement thereto,containing a printed
certificate of the City Clerk as to correctness, shall be received in evidence in any court for the purpose of
proving any charter and ordinances therein contained with like effect and for the same purpose as the
original ordinances,minutes or journals would be received.
SECTION 1-10 PUBLICATION OF ORDINANCES
No ordinance shall be effective until it has been published. Publication of the ordinance shall be either in its
entirety or as a notice as provided in Section 62.11(4) of the Wisconsin Statutes.
SECTION 1-11 PRESERVATION OF ORDINANCES
Except as otherwise directed by the Common Council,the City Clerk may publish ordinances in either of
the methods set forth in Section 1-10. One copy as published shall be deposited and thereafter kept in the
office of the City Clerk,who shall annex thereto a certificate under his hand and seal of said City that the
ordinances therein contained are the ordinances of the City, and such copy shall be preserved as an
authentic record of such ordinances.
SECTION 1-12 MAINTENANCE OF CODE
Whenever the Council adopts an amendment or addition to this Code, or repeals any of its provisions,or
whenever the Charter is amended,or whenever the City Attorney amends the table of contents or index,the
City Clerk shall cause the loose-leaf pages of this Code or printed matter in which changes have been made
to be reprinted as required by the City Attorney,showing the changes and a notation as to the ordinance,if
any,by which such changes are adopted. The City Clerk shall cause copies of each and every such reprint
to be distributed to each distributee and to every purchaser of this Code who has ordered and paid for
maintenance service.
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ARTICLE II. DEFINITION AND INTERPRETATION
SECTION 1-13 DEFINITIONS
The following words and phrases,whenever used in this Code,shall be construed as defined in this Section
unless from the context a different meaning is specifically defined and more particularly directed to the use
of such words or phrases:
(A) 'Business" includes businesses, professions, trades and occupations, and all and every kind of
calling.
(B) "City" shall mean the City of Oshkosh or the area within the territorial City limits of the City and
such territory outside of this City over which the City has jurisdiction or control by virtue of any
Constitutional or Charter provisions, or any law.
(C) "Council" shall mean the City Council of this City.
(D) "County" is the County of Winnebago.
(E) "Engage in" includes commence,engage in, carry on, conduct,maintain,manage and operate.
(F) "Goods" includes wares or merchandise.
(G) "License Fee" shall include any charge imposed for a license, whether the object be regulation or
revenue,or both regulation and revenue but when applied to any business,profession,occupation,
trade,or calling regulated by the State as a matter of statewide concern the object shall be revenue
only.
(H) 'May" is permissive.
(I) "Oath" includes affirmation.
(J) "Office" The use of the title of any officer,employee or office shall mean such officer,employee or
office of the City of Oshkosh unless otherwise specifically designated.
(K) "Operate" includes carry on,keep, conduct,maintain or manage.
(L) "Owner" applied to a building or land, shall include any part owner, joint owner, owner of a
community or partnership interest,life tenant,tenant in common,or joint tenant,of the whole or a
part of such building or land.
(M) "Person". The word "person" shall include a firm, corporation, association, or other organization
acting as a group or unit as well as an individual. It shall also include an executor,administrator,
trustee,receiver,or other representative appointed according to law. Whenever the word"person"
is used in any section of this revised Municipal code prescribing a penalty or fine, as to firms,
associations and other organizations, the words shall include the partners, members or agents
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thereof who are responsible for any violation of the section,and as to corporations,shall include the
officers, agents, or members thereof who are responsible for any violation of the section.
(N) "Sale" includes any sale,exchange,barter or offer for sale.
(0) "Shall" and"Must". Each is mandatory.
(P) "State" is the State of Wisconsin.
(Q) "Street" shall include all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs,
sidewalks or other public ways in this City which have been or may hereafter be dedicated and open
to public use, or such other public property so designated in any law of this State.
(R) "Tenant" or "Occupant" applied to a building or land shall include any person who occupies the
whole or part of such building or land,whether alone or with others.
(S) "Vote, approval or consent." Except as may be otherwise provided in connection therewith, the
phrase'vote,approval or consent of the Council or other body"shall mean the affirmative vote of a
majority of those members present at a meeting having a quorum in attendance. Whenever said
phrase refers to the members of the Council or other body rather than to the Council or body as such,
the vote required shall be in relation to the total membership rather than to those present at the
meeting.
SECTION 1-14 GRAMMATICAL INTERPRETATION
(A) "Genders." Any gender includes the other genders.
(B) "Singular and Plural". The singular number includes the plural, and the plural,the singular.
(C) "Tenses". Words used in the present tense include the past and the future tenses and vice versa.
(D) "Uses of Words and Phases". Words and phrases used in this Code and not specifically defined shall
be construed according to the context and approved usage of the language.
SECTION 1-15 INTERPRETATION OF SECTION NUMBERS
In reading a section number from left to right,the digit or digits to the left of the dash designate the chapter
number of this Code. The digits to the right of the dash shall indicate the section number in such chapter.
Figures to the right of a decimal point shall indicate new sections or chapters, as the case may be. The
decimal system shall be used in maintaining the numerical order of such sections and chapters.
ARTICLE III. RULES OF CONSTRUCTION
SECTION 1-16 HEADINGS AND CATCHLINES
The headings of chapters, articles, divisions and sections contained in this Code shall not be deemed to
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govern,limit,modify or in any manner affect the scope,meaning or intent or the provisions of any chapter,
article, division or section hereof.
SECTION 1-17 TERRITORIAL APPLICABILITY
This Code shall refer only to the omission or commission of acts within such ordinance or provision as now
or hereafter amended. Reference to any section of this Code shall be understood to refer to and include the
penalty section relating thereto,unless otherwise expressly provided.
SECTION 1-18 REFERENCE TO ORDINANCES AND CHARTER
Any reference to an ordinance or charter in this Code shall mean such ordinance or charter of the City of
Oshkosh.
SECTION 1-19 REFERENCE TO STATUTES
The terms "Wisconsin Statutes", and "Statutes," whenever used in this Code shall mean the Wisconsin
Statutes of 1987-88, as amended, created or otherwise affected by the enactments of future legislatures in
regular or special session. The terms"Wisconsin Administrative Code","Administrative Code"and"State
Administrative Code" whenever used in this Code shall mean the rules and regulations published in the
volumes entitle "Wisconsin Administrative Code". It is the intention of this ordinance to include within
such references all statutes and administrative rules in effect at the time of adoption of this ordinance or
future amendment thereto, all prior revisions, recodification, renumbering and amendments where
appropriate and all future revisions, recodification, renumbering and amendments unless otherwise
expressly provided in such references. It is the intention of this ordinance that any act required to be
performed or prohibited by statute or administrative rule,as previously amended,presently in effect or as
may be amended in the future,incorporated within this Code by reference is required or prohibited by this
Code.
SECTION 1-20 REFERENCE INCLUDES AMENDMENTS
Any reference in this Code to an ordinance or provision of this Code shall mean such ordinance or provision
as now or hereafter amended. Reference to any section of this Code shall be understood to refer to and
include the penalty section relating thereto,unless otherwise expressly provided.
SECTION 1-21 PROHIBITED ACTS; INCLUDING CAUSING,PERMITTING
Whenever in this Code any act or omission is made unlawful it shall include causing,allowing,permitting,
aiding, abetting, suffering, or concealing the fact of such act or omission.
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SECTION 1-22 NOTICES; SERVICE AND PROOF
Whenever a notice is required to be given under this Code,unless different provisions herein are otherwise
specifically made,such notice may be given either by personal delivery thereof to the person to be notified
or by deposit in the United States Mail in a sealed envelope,postage prepaid,addressed to such person to be
notified at his last known business or residence address as the same appears in the public records or other
records pertaining to the matter to which such notice is directed. Service by mail shall be deemed to have
been completed at the time of deposit in the post office,or any United States mailbox. Proof of giving any
notice may be made by the certificate of any officer or employee of this City or by affidavit or any person
over the age of eighteen years,which shows service in conformity with this Code or other provisions of law
applicable to the subject matter concerned.
ARTICLE IV. PRESERVATION OF PUBLIC RECORDS
SECTION 1-23 PUBLIC RECORDS.
(1) Adoption of State Statutes. Except as otherwise specifically provided,all provisions of Subchapter II
of Chapter 19 of the Wisconsin Statutes — Public Records and Property describing and defining
regulations with respect to public records and property are hereby adopted and by reference made a
part of this Code as if fully set forth herein. It is the intention of this ordinance to include within
such references all provisions of Subchapter II of Chapter 19 of the Wisconsin Statutes in effect at the
time of adoption of this section together with any applicable prior revisions and all future
recodifications, renumberings and amendments unless otherwise expressly provided in such
references. It is the intention of this section that any act required to be performed or prohibited by
the Wisconsin Statutes, as previously amended, presently in effect or as may be amended in the
future,incorporated within this section by reference,is an act required to be performed or is an act
prohibited by this section.
(2) Duty to Maintain Records.
(a) Except as disposal or destruction of records may be provided within this ordinance, each
officer and employee of the City shall safely keep and preserve all records received from his
or her predecessor or other persons and required by law to be filed,deposited or kept in his
or her office or which are in the lawful possession or control of the officer or employee or his
or her deputies,or to the possession and control of which he or she or they may be lawfully
entitled as such officers or employees.
(b) Upon the expiration of an officer's term of office or an employee's term of employment, or
whenever the office or position of employment becomes vacant, each such officer or
employee shall deliver all records then in his or her custody to their successor. If a vacancy
occurs before a successor is selected or qualifies, such records shall be delivered to the
interim successor,to be delivered to such successor upon the latter's appointment or hire.
(3) Legal Custodian(s).
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(a) The City Clerk or the Clerk's designee shall act as legal custodian for the Common Council.
(b) The Department head or the designee of the Department Head assigned to each board or
commission shall act as legal custodian for the board or commission and any subcommittee
created thereunder.
(c) The City Manager shall be the legal custodian of the records of the office of the City
Manager.
(d) Each Department head shall be the legal custodian of the records of his or her
office/department, but the Department Head may designate an employee(s) to act as the
legal custodian of any division or subdivision thereof.
(e) Notwithstanding the above, the Director of Administrative Services shall be the legal
custodian of all personnel records for the City of Oshkosh.
(f) Notwithstanding the above,the Finance Director shall be the legal custodian of all budget
and general financial records for the City of Oshkosh.
(g) Each legal custodian shall name a person to act as legal custodian in his or her absence or the
absence of his or her designee.
(h) The legal custodian shall have full legal power to render decisions and to carry out the
duties of an authority Subchapter II of Chapter 19 of the Wisconsin Statutes and this section.
The designation of a legal custodian does not affect the powers and duties of an authority
under this section.
(4) Public Access to Records/Fees.
(a) Records will be available for inspection and copying as provided by Wisconsin Statutes.
(b) Pursuant to Sec. 19.34, Stats., and the guidelines therein listed,each authority shall adopt,
prominently display and make available for inspection and copying at its offices, for the
guidance of the public, a notice containing a description of its organization and the
established times and places at which, the legal custodian from whom, and the methods
whereby, the public may obtain information and access to records in its custody, make
requests for records, or obtain copies of records, and the costs thereof.
(c) Fees may be charged for locating and copying records as follows:
1. Costs shall be calculated not to exceed the actual, necessary and direct cost of
reproduction and Council may by resolution establish basic costs and fees for the
provision of records in typical formats.
2. If the form of a written record does not permit copying,the actual and necessary cost of
photographing or otherwise reproducing and processing shall be charged.
3. The actual full cost of providing a copy of records not in printed form on paper,such as
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films, computer printouts and audio or video-tapes, shall be charged.
4. If mailing or shipping is necessary,the actual cost thereof shall also be charged.
5. There shall be no charge for locating a record unless the actual cost therefor exceeds
$50.00, in which case the actual cost shall be determined by the legal custodian and
billed to the requester.
6. The legal custodian shall estimate the cost of all applicable fees and may require a cash
deposit adequate to assure payment if such estimate exceeds$5.00.
7. Elected and appointed officials of the City of Oshkosh shall not be required to pay for
public records they may reasonably require for the proper performance of their official
duties.
8. The legal custodian may provide copies of a record without charge or at a reduced
charge where he or she determines that waiver or reduction of the fee is in the public
interest.
(5) Retention and Disposition of Records.
(a) Definitions.
(1) Creation(CR)-means the date of creating the record and when used in connection
with a retention period,creation is used when the creation of the record initiates the
retention time period.
(2) Event (EVT) -means the end of an event period or useful life of the record, such as
upon approval of a plan or the end of a budget year. When used in connection with
a retention period,event is used if a specific event other than creation initiates the
retention time period.
(3) Superseded (S) - means that a new record or record series has been created or is
being used, such as annual calendars and certain policies and procedures. When
used in connection with a retention period, superseded is used when the creation,
adoption or approval of a new record initiates the retention time period.
(4) Permanent-means that the records have been identified as containing significant
historical information and measures must be taken for the long-term preservation of
the records or records may be transferred pursuant to an agreement with the
Wisconsin Historical Society, if appropriate.
(5) Notify - means that the Wisconsin Historical Society must be sent written
notification before destruction of records.
(6) Waived-means that the Wisconsin Historical Society has determined that the record
series has low historical value and has waived the notification period. If notification
has been waived,then waived records may be destroyed without notification once
they have reached their retention period.
(b) Adoption of General Schedules. The City of Oshkosh hereby adopts the following portions
of the General Records Schedules as approved by the State of Wisconsin Public Records
Board together with any future additions,deletions or supplements thereto,any changes to
the General Records Schedules are herewith incorporated as part of this Chapter and shall
be enforced with the same force and effect as though set forth in full herein:
City of Oshkosh Chapter 1-Page 13 Municipal Codes
City of Oshkosh Municipal Codes
Revised 08/28/18
(1) General Records Schedule-Wisconsin Municipal and Related Records,Approved on
August 27,2018
(2) A Portion of the General Records Schedule—County Records Retention/Disposition
Schedule including the attached Record Series, Approved on May, 2010 attached
hereto as Appendix "A" (Where the General Records Schedule refers to County,
references shall be made to the City or appropriate Department/Division thereof;
such that references to the Sheriff shall mean reference to the Oshkosh Police Chief
or Police Department,references to the Corporation Counsel shall mean reference to
the City Attorney, references to the County Clerk shall mean reference to the City
Clerk, and so forth.)
(c) No record shall be destroyed which is the subject of a current records request, pending
claim, citation, criminal charge or other litigation,until such request, claim or litigation is
concluded including all relevant appeals or appeals deadlines.
(d) Any record not enumerated within the above adopted schedules shall be kept for at least
seven(7) years unless a longer period is identified by Wisconsin Statute.
(e) Unless notice is waived by the State Historical Society,at least 60 days'notice shall be given
the State Historical Society prior to the destruction of any record as provided by Sec.
19.21(4)(a), Stats.
(6) Preservation Through Microfilm or other means
Any City officer, or the director of any department or division of City government may keep and
preserve public records in his or her possession by means of microfilm or other photographic
reproduction method.Such records shall meet the standards for photographic reproduction set forth
in Sec. 16.61(7)(a) and (b), Stats., and shall be considered original records for all purposes. Such
records shall be preserved along with other files of the department of division and shall be open to
public inspection and copying according to the provisions of State law and of subs.(4)through(6)of
this ordinance.
(7) Severability.
The provisions of this ordinance are severable. If a section,subsection,paragraph,sentence,clause
or phrase shall be adjudged by a court of competent jurisdiction to be invalid,the decision shall not
affect the validity of this ordinance.
SECTION 1-24 RESERVED.
SECTION 1-25 RESERVED.
SECTION 1-26 RESERVED.
SECTION 1-27 RESERVED.
City of Oshkosh Chapter 1-Page 14 Municipal Codes