HomeMy WebLinkAboutChapter 17 - Morals and ConductCity of Oshkosh Municipal Code
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CHAPTER 17
MORALS AND CONDUCT
ARTICLE I. MORALS AND GENERAL CONDUCT
17-1 STATE STATUTES ADOPTED
17-1.1 FAILURE TO OBEY DIRECTION OF AUXILIARY POLICE/COMMUNITY SERVICE OFFICER
17-1.2 SYNTHETIC CANNABINOIDS PROHIBITED (K-2)
17-1.3 REGULATION OF ELECTRONIC SMOKING DEVICES WITH MINORS
17-2 REGULATION OF ADULT ENTERTAINMENT FACILITIES
17-3 DANGEROUS WEAPONS PROHIBITED
17-4 DISCHARGING FIREARMS PROHIBITED
17-5 BOWS AND ARROWS, AIR RIFLES, PELLET GUNS, BB GUNS, AND SLINGSHOTS
17-6 THROWING STONES OR MISSILES
17-7 CONSUMPTION OR POSSESSION OF INTOXICANTS ON STREETS/SIDEWALKS/PARKING
LOTS
17-8 URINATING IN PUBLIC
17-9 FRAUD IN HOUSING ASSISTANCE PROGRAMS
17-10 REGULATION OF SMOKING, TOBACCO, AND OTHER PRODUCTS
17-10.1 SNOWMOBILES, OFF-ROAD VEHICLES
17-11 DAMAGE TO PUBLIC PROPERTY
17-12 NOTICES, ADVERTISEMENTS AND BILL POSTING
17-13 SCAVENGING OF RECYCLABLE MATERIALS PROHIBITED
17-14 TRESPASSING ON RAILROAD
17-15 CLIMBING ON TRAINS PROHIBITED
17-16 HABITUAL TRUANCY PROHIBITED
17-17 JUVENILE CURFEW
17-17.1 SEXTING PROHIBITED
17-18 REGULATIONS OF UNAUTHORIZED PERSONS ON SCHOOL GROUNDS
17-19 SWIMMING OR BATHING
17-20 PRIVATE SWIMMING POOLS
17-21 MOB ACTION AND CIVIL DISOBEDIENCE
17-22 PICKETING AT PRIVATE RESIDENCES
ARTICLE II. FIRE REGULATIONS
17-23 TO ASSIST AND OBEY ORDERS OF OFFICERS OF FIRE DEPARTMENT
17-24 RESISTING OFFICER OR MEMBER OF FIRE DEPARTMENT
17-25 DAMAGING HOSE OR APPARATUS PROHIBITED
17-26 UNAUTHORIZED USE OR OBSTRUCTION OF FIRE HYDRANTS PROHIBITED
17-27 ILLEGAL USE OF SIREN
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ARTICLE III. OPERATION OF BOATS AND VESSELS
17-28 STATE STATUTES ADOPTED
17-29 SPEED LIMITS FOR MOTORBOATS
17-30 ANCHORING VESSEL NEAR MAIN PROHIBITED
ARTICLE IV. NUISANCES
17-31 PUBLIC NUISANCES PROHIBITED
17-32 DEFINITIONS
17-33 PUBLIC NUISANCES
17-34 Reserved – Formerly PUBLIC NUISANCES OFFENDING MORALS AND DECENCY (Repealed
5/7/12)
17-35 Reserved – Formerly PUBLIC NUISANCES AFFECTING PEACE AND SAFETY (Repealed
5/7/12)
17-36 PUBLIC NUISANCE AFFECTING PROPERTY USAGE
17-37 DEFACEMENT OR DAMAGE OF PROPERTY BY GRAFFITI
17-38 ABATEMENT OF PUBLIC NUISANCES
17-38.1 ALTERNATE METHOD TO ABATE NUSIANCE
17-39 BARBED WIRE FENCING
17-40 ABANDONED ICE BOXES
17-41 FALSE REPORTING OF EMERGENCY
17-42 EXCESSIVE AND UNNECESSARY NOISE
17-43 RAILROAD HORNS AND WHISTLES
17-44 WEED CUTTING AND LAWN CARE
17-44.1 APPOINTMENT OF WEED COMMISSIONER
17-44.2 NATIVE LANDSCAPING AREAS
ARTICLE V. REGULATION OF ALARM SYSTEMS
17-45 REGULATE PRIVATE ALARM SYSTEMS
ARTICLE VI. PENALTIES
17-46 PENALTIES – ADULT
17-47 PENALTIES – JUVENILE
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ARTICLE I. MORALS AND GENERAL CONDUCT
SECTION 17-1 STATE STATUTES ADOPTED
The following State Statutes, exclusive of those portions of the State Statutes relating to classification of
offenses and penalties, together with any future additions, deletions or supplements thereto, 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. Any act required to be performed or prohibited by any statute incorporated herein by
reference is required or prohibited by this ordinance. Providing, however, that where such statutes are less
stringent than other provisions found in this Code, the provisions of this Code shall apply. Penalty for
violation under this ordinance shall be limited to a forfeiture as hereinafter set forth.
§134.66 Restrictions on sale or gift of cigarettes or tobacco products
§254.92 Purchase or possession of cigarettes or tobacco products by person under 18 prohibited
§939.22 Words and Phrases Defined
§940.19(1) Battery
§940.225(3m) Sexual Assault - Fourth degree sexual assault
§940.24 Injury by Negligent Handling of Dangerous Weapon, Explosives, or Fire
§941.12 Interfering with fire fighting
§941.13 False Alarms
§941.2965 Restrictions on use of facsimile firearms
§941.37 Obstructing emergency or rescue personnel
§941.315 Possession, Distribution, or Delivery of Nitrous Oxide
§943.01 Damage to property
§943.012 Criminal damage to or graffiti on religious and other property
§943.12 Possession of Burglarious Tools
§943.13 Trespass to land
§943.14 Criminal trespass to dwellings
§943.145 Criminal trespass to medical facility
§943.15 Entry onto a construction site or into a locked building, dwelling room
§943.20 Theft
§943.21 Fraud on Hotel or Restaurant Keeper or taxicab operator
§943.215 Absconding without Paying Rent
§943.22 Use of Cheating Tokens
§943.255 Refusal to Pay for Motor Bus Ride
§943.34 Receiving Stolen property
§943.37 Alteration of Property Identification Marks
§943.41 Financial Transaction Card Crimes
§943.45 Theft of Telecommunications Service
§943.455 Theft of Cellular Phone Service
§943.46 Theft of Cable Television Service
§943.47 Theft of Satellite Cable Programming
§943.50 Retail Theft
§943.55 Removal of Shopping Cart
§943.61 Theft of Library Material
§943.70 Computer Crimes
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§944.20 Lewd and Lascivious Behavior
§944.30 Prostitution
§944.31 Patronizing prostitutes
§944.32 Soliciting prostitutes
§944.33 Pandering
§944.34 Keeping place of Prostitution
§944.36 Solicitation of drinks prohibited
§946.41 Resisting or obstructing officer
§946.72 Tampering with public records and notices
§947.01 Disorderly conduct
§947.06 Unlawful assemblies and their suppression
§947.012 Unlawful use of telephone
§947.0125 Unlawful use of computerized communication systems
§948.09 Sexual intercourse with a child age 16 or older
§948.11 Exposing a child to harmful material
§948.62 Receiving stolen property from a child
§961.41(3g) Prohibited Acts A -- penalties
§961.573(1) Possession of drug paraphernalia
SECTION 17-1.1 FAILURE TO OBEY DIRECTION OF AUXILIARY POLICE/COMMUNITY
SERVICE OFFICER
No person shall fail or refuse to comply with any lawful order, signal or direction of an auxiliary police
officer or community service officer of the Oshkosh Police Department when acting under the direction of
the Oshkosh Police Department.
SECTION 17-1.2 SYNTHETIC CANNABINOlDS PROHIBITED
(A) Possession, use, and sale are illegal. It shall be illegal for any person to use, possess, purchase, attempt
to purchase, sell, publicly display for sale or attempt to sell, give, or barter any one or more of the
following chemicals whether under the common street or trade names of "Spice", "K2", "Genie",
"Yucatan Fire", "fake" or "new" marijuana, or by any other name, label, or description:
(1) (6aR, 10aR)-9-(hydroxymethyl)-6, 6dimethyl-3-(2methyloctan-2-yl)-6a, 7,10, 10a-
tetrahydrobenzo[c]chromen-1-01 some trade or other names: HU-210;
(2) 1-Pentyl-3-(1-naphthoyl) indole-some trade or other names: JWH-018;
(3) 1-Butyl-3-(1naphthoyl) indole-some trade or other names: JWH-073;
(4) 2-[(1R,3S)-3-hydroxycyclohexyl]- 5-(2-methyloctan-2-yl)phenol some trade or other names:
CP 47,497 and homologues
(5) or any similar structural analogs.
(B) Medical or dental use allowed. Acts otherwise prohibited under this section shall not be unlawful if
done by or under the direction or prescription of a licensed physician, dentist, or other medical
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health professional authorized to direct or prescribe such acts, provided that such use is permitted
under state and federal laws.
(C) Severability. 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.
SECTION 17-1.3 REGULATION OF ELECTRONIC SMOKING DEVICES WITH MINORS
(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.
(3) 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
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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 17-2 REGULATION OF ADULT ENTERTAINMENT FACILITIES
(A) In this section, "Special Cabaret" shall mean any bar, dance hall, restaurant, or other place of
business, whether or not licensed under Chapter 4 of this Code, which features dancers, go-go
dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers, or waiters
or waitresses, any of whom engage in sexual conduct as that term is defined in Section 944.21(2)(e),
Wis. Statutes, as may be amended from time to time, or the simulation of such activities by any
such individual, or any such business establishment, the advertising for, or a sign or signs
identifying, which use the words, "adult," "topless," "nude," "bottomless," or other words of similar
import.
(B) No person, partnership, corporation or other entity shall own, operate, manage, rent, lease, occupy,
or exercise control of any building, structure, premises, or portion or part thereof, (a) within which
occurs the activities specified in this Section if otherwise allowed or (b) housing a special cabaret, as
of the effective date of this ordinance that is located closer than 500 feet from the nearest lot line,
that is the legal boundaries of a parcel of property, of a similar establishment, or, if so licensed, of
another Class "B"/"Class B" establishment, or any facility governed by Section 15-19 of this
municipal code, or any school (whether pre-school, elementary, middle or high school, whether
public or private), or any residentially zoned property, library, church or chapel, park or
playground, or licensed day-care facility.
(1) It is the intent of this subparagraph that such establishments, whose operations on the
effective date of this Ordinance would otherwise subject them to regulation of this subsection,
shall be subject to the nonconforming use regulations found in Chapter 30 of this Code,
except that such privilege of nonconforming use shall cease upon the discontinuance of the
specified activities within such establishment for seven consecutive calendar days, including
any days when the establishment is normally closed for business.
(C) No person, employee, entertainer or patron shall be permitted to have any physical contact with
any entertainer on the premises during any performance, except for the taking of tips which must
be taken on the hip or the side of the entertainer’s G-string, T-bar or costume, or in a garter. All
performances shall only occur on a stage, or on a table that is in a designated area within full and
unrestricted view of the bar area, either of which is elevated at least eighteen (18) inches above the
immediate floor level and removed a distance sufficient to prevent actual physical contact between
the entertainer and another entertainer or any other person, employee or patron.
(D) No person under the age of eighteen (18) years of age may be admitted to, may enter or remain on,
may purchase goods or services at, or may work or be permitted to work as an employee in any
capacity at an establishment subject to the provisions of this Section.
(E) No person shall cause another to commit a violation of this Section, nor shall any person permit
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such violation to occur on any premise under his/her control, tenancy, management or ownership.
SECTION 17-3 WEAPONS AND FIREARMS RESTRICTED IN CERTAIN CITY BUILDINGS
(Revised Nov. 8, 2011)
(A) Definitions.
(1) Firearm means a weapon that acts by force of gunpowder.
(2) Law Enforcement means any person employed by the State of Wisconsin or any political
subdivision of this state, for the purpose of detecting and preventing crime and enforcing
laws or ordinances and who is authorized to make arrests for violations of the laws or
ordinances her or she is employed to enforce.
(3) Weapon means without limitation because of enumeration: any firearm, whether loaded or
unloaded; any device designed as a weapon and capable of producing death or great bodily
harm; any electric weapon as defined in Sec. 941.295(4), Wis. Stats.; any instrument which
expels a missile or other object by the expansion of compressed air or other gas, by spring or
any other means; cross-knuckles, blackjack, billy club; any knife which has a blade three
inches or longer, or a blade which may be drawn without the necessity of contact with the
blade itself, martial arts type weapons such as, without limitation because of enumeration,
throwing stars, Tonfa, Nunchaku, fighting chains; or any other device or instrumentality
which, in the manner it is used or intended to be used, is calculated or likely to produce death
or great bodily harm.
(B) Weapons and Firearms are prohibited in all City owned, occupied, and/or controlled buildings,
including but not limited to the following:
(1) City Hall
(2) City Fire Stations
(3) Public Safety Building and Police Department Impound Garage
(4) Park Buildings including concession stands and bath houses
(5) Pollock Community Waterpark
(6) Oshkosh Seniors Center & Annex
(7) The Oshkosh Public Library
(8) The Oshkosh Public Museum & surrounding buildings
(9) The Central Garage & surrounding buildings
(10) The Sanitation Garage
(11) The Wastewater Treatment Plant
(12) The Water Filtration Plant
(13) The Water Distribution Building
(14) Storm & Sanitary Pump Stations & Booster Stations
(15) All Water Pump Stations and Water Towers
(16) The Transportation Department Building & surrounding buildings
(17) The Transit Center, surrounding buildings, and Transit System Shelters located on City-
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owned property
(18) The Parks Department maintenance buildings and administrative offices
(19) The Grand Opera House
(20) The Oshkosh Convention Center
The listed buildings are in addition to any places where the carrying of a weapon or a firearm is
prohibited under the provisions of Wis. Stats. §175.60.
This subdivision does not apply to any person who leases residential or business premises in the
building or if the firearm is in a vehicle driven or parked in the parking facility to any part of the
building used as a parking facility.
(C) Signs meeting the requirements of Wis. Stats. §943.13(2)(bm)1 shall be posted in prominent places
near all entrances of such buildings notifying persons of these restrictions.
(D) No person other than a law enforcement officer shall enter or remain in any City owned, occupied,
and/or controlled building while carrying a weapon or a firearm contrary to this ordinance and
posted signage. Any person entering or remaining in a building in violation of this section shall be
trespassing and shall be subject to penalty as provided in this Code.
(E) Weapons, excluding firearms and weapons carried in compliance with and as specifically allowed
by State Statutes, are prohibited in all City owned parks and recreation areas.
SECTION 17-4 DISCHARGING FIREARMS PROHIBITED
(A) No person shall fire or discharge any gun, pistol, fowling piece or other firearm within the limits of
the City, unless approved in writing by the Chief of Police, or the person’s conduct is justified, or
had it been subject to a criminal penalty the person’s conduct would have been subject to a defense
of privilege in the Criminal Code. (Revised Nov. 8, 2011)
(B) This Section shall not apply to the discharge of shotguns at places established for the shooting of
clay pigeons discharged from traps; provided, however, that such places and rules governing the
use of the same shall be first approved by the Chief of Police.
(C) This Section shall not apply during the months of October and November for the purpose of duck
hunting from non-city owned property over Lake Butte des Morts and Lake Winnebago when and
where life and property is not in danger, except for property abutting South Asylum Bay, more
particularly described as follows:
That property abutting Lake Winnebago and lying Southwesterly of the following described line:
A parcel of land in the south 1/2 of Section 7, Township 18 North, Range 17 East, in the east 1/2 of
Section 12, Township 18 North, Range 16 East, all in the Town of Oshkosh, Winnebago County,
Wisconsin, described as follows:
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Commencing at the intersection of the westerly line of Lot 2 of the Doemel Plat and the northerly
line of Hickory Lane (originally shows as Lake drive), thence N. 73 degrees 55' E., along the
northerly line of Hickory Lane 339 feet, thence N. 16 degrees 5' W., 30 feet, thence N. 61 degrees 5'
W., 300 feet more or less to the southerly shoreline of Lake Winnebago, also being the true point of
beginning, thence northwesterly to the southeasterly (most easterly) corner of Lot 1 of Replat of
Oakwood Beach Plat.
SECTION 17-5 BOWS AND ARROWS, AIR RIFLES, PELLET GUNS, BB GUNS, AND
SLINGSHOTS
(A) Except as provided in Subsection (1) of this ordinance, no person shall shoot or discharge a bow,
crossbow or similar device which propels or projects an arrow or similar projectile within the City
of Oshkosh.
(1) This section shall not apply:
(a) to the shooting or discharging of toy arrows or arrows which have a tip made of rubber
or similar material.
(b) within the interior of a single-family dwelling or other enclosed structure.
(c) to persons while using the established archery range at Winnebago County Park.
(d) to persons while participating in a sanctioned archery competition at locations and
upon conditions approved in advance by the Chief of Police or designee.
(e) to persons participating in educational programs sponsored through the Oshkosh Area
School District, any other private or parochial school, or University of Wisconsin-
Oshkosh.
(f) to persons hunting with a bow and arrow or crossbow who meet the following
conditions:
(i) Hunting does not include target practice.
(ii) A person hunting with a bow and arrow or crossbow shall not hunt within a
distance of one hundred (100) yards from any building which is a permanent
structure used for human occupancy, including a manufactured home as defined
in sec. 101.91(2) Wisconsin Statutes. This restriction shall not apply if the person
who owns the land on which the building is located allows the hunter to hunt
with a bow and arrow or crossbow within the specified distance of the building.
(iii) A person who hunts with a bow and arrow or crossbow shall hunt from an
elevated position and shall only discharge an arrow or bolt from the weapon
toward the ground.
(iv) No person shall hunt on or over any portion of land owned or leased by the City
of Oshkosh.
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(v) No person shall discharge an arrow or bolt with any bow or crossbow in such a
manner that the arrow or bolt may endanger the life, limb or property of another
or will traverse any right-of-way, street, public grounds or parks.
(vi) Hunters must possess a current valid permit or license issued by the Wisconsin
Department of Natural Resources and must comply with all applicable state laws,
rules and regulations pertaining to bow hunting.
(B) Except as provided in Subsection (1) of this section, no person shall shoot or discharge an air gun,
pellet gun, BB gun or any instrument which expels a missile or other object by the expansion of
compressed air or other gas, by spring or any other means within the City of Oshkosh.
(1) This section shall not apply:
(a) within the interior of a single-family dwelling or other enclosed structure.
(b) persons hunting with a bow and arrow or crossbow in compliance with subsection
(A)(1)(f) above.
(C) Except as provided in Subsection (1) of this section, no person shall shoot or discharge a slingshot
or similar device designed to throw or propel any missile within the City of Oshkosh.
(1) This section shall not apply:
(a) to the shooting or discharging of toys which are made of foam, or other similar
materials.
(b) within the interior of a single-family dwelling or other enclosed structure.
SECTION 17-6 THROWING STONES OR MISSILES
No person shall throw, cast, or discharge by any means any stone, object, snowball or missile of any kind in
any street, alley, public area, or premises open to the public. No person shall throw, cast, or discharge by
any means any stone, object, snowball or missile of any kind at any person, building, tree, vehicle, or other
public or private property.
SECTION 17-7 CONSUMPTION OR POSSESSION OF INTOXICANTS ON
STREETS/SIDEWALKS/PARKING LOTS
(A) No person shall possess or consume any intoxicating liquor or fermented malt beverage while in or
upon any public street, alley, sidewalk, highway, premises held out to the public for use of their
motor vehicles all premises provided by employers to employees for the use of their motor vehicles
and all premises provided to tenants of rental housing in buildings of 4 or more units for the use of
their motor vehicles, whether such premises are publicly or privately owned and whether or not a
fee is charged for the use thereof. This section is not intended to apply to private parking areas at
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single family residences nor to areas designated as beer gardens pursuant to Chapter 4 of this
municipal code.
(B) Except as specifically permitted by and in compliance with State Statutes or as permitted under (C)
below, all purchases of alcoholic or fermented malt beverages by the glass or in open containers
shall be consumed on the licensed premises where served and shall not be removed to public rights
of way, thoroughfares, streets, sidewalks or parking lots in the City.
(C) Notwithstanding the provisions of subsections (A) and (B) above, Persons may possess intoxicating
liquor and fermented malt beverages on sidewalks and other portions of the public right of way not
open to vehicular traffic within an officially Designated Outdoor Refreshment Area (DORA) within
such boundaries and during such hours as specified by Resolution of the Common Council,
including that portion of any public right of way, street, alley or highway within the DORA area
that is included in crosswalk or other pedestrian crossing area while persons are lawfully crossing
the street, alley or highway; and public rights of way, streets, alleys, sidewalks and highways that
are closed to the public for a Special Event approved under the provisions of Chapter 5 of the City
of Oshkosh Municipal Code.
Beverages sold within a DORA shall comply with state law requirements regarding sealed
containers. In addition, all alcohol beverages sold within a DORA for removal from a licensed
premises shall be served in transparent or semi-transparent containers, except the beverages may be
served or possessed in their original packaging/containers (see 125.32 and 125.68 for labeling and
packaging regulations for alcohol beverages). Beverages sold or possessed in glass containers shall
not be permitted to be opened or consumed on the public right of way, streets, alleys, highways or
parking lots open to the public.
SECTION 17-8 URINATING IN PUBLIC
No person shall defecate or urinate outside of designed sanitary facilities, upon any sidewalk, street, alley,
public parking lot, park, playground, cemetery, or other public area within the City or upon any private
property in open view of the public or in the halls, rooms without restroom facilities, stairways or elevators
of public or commercial buildings or to indecently expose his or her person.
SECTION 17-9 FRAUD IN HOUSING ASSISTANCE PROGRAMS
(A) “Housing Assistance” as used in this section includes any assistance obtained through the City of
Oshkosh/Winnebago County Housing Authority Programs.
(B) No person shall falsify, misstate, omit, or otherwise misrepresent any material fact which results (or
would have resulted) in an underpayment of rent by a tenant or an overpayment of rent to a
landlord.
(C) No person shall willfully do any act designed to interfere with the proper administration of the
Housing Assistance Programs.
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(D) Any person who receives assistance for dwelling accommodations under Section 66.402 Wis. Stats.
shall notify the housing Authority granting such assistance of any increase in income, assets or
change in family composition within twenty (20) days after the receipt of those assets, income or
change in family composition.
(E) Any landlord or owner receiving payment on behalf of a tenant receiving assistance under §66.402
Wis. Stats. shall notify the Housing Authority granting such assistance of any changes in tenancy,
including but not limited to, notice of eviction, or notice of one or more tenants vacation of the
rental unit. It shall be a violation of this section to obtain assistance by failure to notify the Housing
Authority of changes in tenancy resulting in an overpayment of rental assistance.
SECTION 17-10 REGULATION OF SMOKING, TOBACCO, AND OTHER PRODUCTS
(A) Adoption of State Law: Except as otherwise specifically provided, all provisions of Wis. Stat. §
101.123 describing and defining the statewide smoking ban is hereby adopted and by reference and
made a part of this Code as if fully set forth herein. To effect the legislative intent that regulation of
smoking is a matter of statewide concern, it is the intention of this ordinance to include within such
references all provisions of Chapter Wis. Stat. § 101.123 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.
(B) Definitions: For purposes of enforcing this ordinance in the City of Oshkosh, the following
definition of “Smoking” shall apply and shall supersede the definition found in Wis. Stat. § 101.123:
“Smoking” shall meaning burning; holding; carrying; or inhaling or exhaling smoke,
mist, aerosol, or vapor from; any of the following items with the ability to contain
tobacco, nicotine, or plant products:
1) A lighted or heated cigarette
2) A lighted or heated cigar
3) A lighted or heated pipe
4) An electronic smoking device (as defined in Section 17-1.3), except that
persons may hold or carry an electronic smoking device as long as it is
not being used to create smoke, mist, aerosol or vapor in any manner or
form.
5) Any other lighted or heated smoking equipment
(C) Prohibited Conduct: Any act required to be performed or prohibited by Wis. Stat. § 101.123 is
required or prohibited by this ordinance, subject to the revised definition of “smoking”
contained in subsection (B) above.
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(D) Prohibited Conduct: Smoking at the Oshkosh Transit Center located at 110 Pearl Avenue or in
any vehicle owned or leased by the City of Oshkosh is prohibited.
(E) Prohibited Conduct: 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.
(F) Penalty and Enforcement: Any person convicted of a violation of this Ordinance shall forfeit an
amount not less than $100.00 nor more than $250.00. 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.
SECTION 17-10.1 SNOWMOBILES, OFF-ROAD VEHICLES
(A) There shall be no snowmobiling or use of off-road motor bikes or all-terrain-type vehicles within
the corporate limits of the City of Oshkosh between the hours of 10:00 p.m. and 8:00 a.m.
(B) No person shall operate any snowmobile, off-road bike, all-terrain-type vehicle or any other
motorized self-propelled vehicle upon any city-owned property except for:
(1) police, fire and other emergency vehicles;
(2) duly registered and licensed motor vehicles, when not prohibited by any other provision of
the Municipal Code, lawfully operating on paved roadways designated for vehicular use;
(3) vehicles used in conjunction with parade activities;
(4) loading and unloading snowmobiles or trailers at the 24th Avenue, Fugleberg Park,
Menominee Park, and Rainbow Park launching sites.
SECTION 17-11 DAMAGE TO PUBLIC PROPERTY
(A) No person shall break, soil, deface, injure, or damage any guidepost, sign, street lamp or post,
traffic sign or signal, fountain, statue, monument or other ornamental structure within any public
street, alley, park, cemetery or other public place. No person shall break, soil, deface, injure or
damage any part of any public building or any other public property or equipment. No person
shall walk, ride or drive upon any grass plot or any street right of way to its injury.
(B) No person shall open, remove, operate or otherwise tamper with any City property or equipment
Including but not limited by way of enumeration to manholes and covers, pumps, storm grates,
sewers and mains, water valves and stop/shut-off boxes, meters, vehicles and attachments thereto,
barricades and signal lighting for construction and emergency purposes.
(C) No person shall paint or post any bill, notice, picture or advertisement upon any public building,
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curb stone, crosswalk, gutter, street, sidewalk, hydrant, lamp post, bridge approach or upon any
part of the super-structure of any bridge in the City.
(D) No person shall meddle or tamper with, injure, break, cut, take down or disarrange any telegraph,
telephone, or electric light pole, fire or police alarm box, or any wire cord, lamp or other apparatus
used in operating or maintaining any telegraph, telephone, electric light or fire alarm, without
authority to so do, or post any bills or posters of any kind whatsoever upon any such poles or posts
within the limits of the City.
(E) No person shall willfully or maliciously mar, deface or injure any school building or any other
building or structure situated upon any public school site within the limits of the City, nor shall
break or injure any door or window in or of any such school building, or other building or
structure, nor shall break, mar, deface or injure any property belonging or appurtenant to the public
schools.
(F) This section does not apply to duly authorized employees or agents of the City, or to a person
authorized by permit issued by the City, or to any person possessing written authorization from the
City Manager.
SECTION 17-12 NOTICES, ADVERTISEMENTS AND BILL POSTING
No person shall post paper or otherwise affix or paint any bill, notice or advertisement on any part of the
outer walls of any building, fence or other property or structure within the limits of the City without first
having obtained the consent of the owner thereof.
No person shall post paper or otherwise affix or paint any bill, notice or advertisement on any city owned
property including, but not limited to, upon any public building, fence, park or transit shelter, curb,
sidewalk, pavement, street lighting post, utility post, fire hydrant, or any other structure except as
expressly authorized by law or permission of the City of Oshkosh through Right-of-Way Permit,
Encroachment Agreement, Special Events Permit or other specific written authorization.
SECTION 17-13 SCAVENGING OF RECYCLABLE MATERIALS PROHIBITED
No person except law enforcement personnel and authorized employees of the City of Oshkosh shall
remove, take, or otherwise meddle or tamper with recyclable material, as that term is defined in Section 23-
1(J) of this code, which is placed out by any person for collection by the City.
SECTION 17-14 TRESPASSING ON RAILROAD
(A) No person, other than a licensee, authorized news media reporters or those connected with or
employed upon the railroad, shall walk, loiter, ride, drive or be upon or along the track of any
railroad.
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(B) Each railroad corporation shall post notices containing substantially the provisions of this section,
together with the penalties, in one or more conspicuous places in or about each railroad station.
(C) The provisions of this section shall not be construed to interfere with the lawful use of a public road
or highway by any person, or to prevent any person from driving across any railroad from one part
of his land to another part thereof, or from walking directly across the tracks or right of way of any
railroad; or with the use of the right of way or track by any person when occasioned by or in
connection with, either directly or indirectly, the shipping, loading or unloading of freight, seeking
employment, the investigation or securing of evidence with respect to any accident or wreck, or in
conducting or transacting any other business for or with said railroad; or with the entry of any
employee during or on account of labor disputes by employees
SECTION 17-15 CLIMBING ON TRAINS PROHIBITED
No person shall catch, climb, upon or hang onto any freight car in the City without permission from the
railroad company.
SECTION 17-16 HABITUAL TRUANCY PROHIBITED
(A) No child subject to school attendance laws shall be a truant or habitual truant as defined in this
section.
(B) For purposes of this section, "habitual truant" means a child who is absent from school without an
acceptable excuse as provided in Section 118.16(1)(a), Wis. Stats., as may be amended from time to
time, for part or all of five (5) or more days on which school is held during a school semester.
A child who is found to be habitually truant shall be subject to one or more of the following
dispositions:
(1) An order for the child to attend school.
(2) Suspension of the child's operating privilege, as defined in Section 340.01(40), Wis. Stats., as
may be amended from time to time, for not less than 30 days nor more than one (1) year. The
court shall immediately take possession of any suspended license and forward it to the State
Department of Transportation together with a notice stating the reason for and the duration of
the suspension.
(3) An order for the child to be placed in a teen court program as described in sec. 938.342 Wis.
Stats.
(4) A forfeiture of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00).
All or part of the forfeiture plus costs may be assessed against the person, the parents or
guardian of the person, or both.
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(C) For purposes of this section “Truant” shall mean a child who is absent from school without an
acceptable excuse for part or all of any day on which school is held as provided in Section
118.163(1)(d), Wis. Stats.
A child who is found to be truant shall be subject to one or more of the following dispositions:
(1) An order for the child to attend school.
(2) A forfeiture of not more than fifty dollars ($50.00) for a first violation, or a forfeiture of not
more than one hundred dollars ($100.00) for any 2nd or subsequent violation committed
within 12 months of a previous violation. Such forfeiture shall be subject to a maximum
cumulative forfeiture amount of not more than five hundred dollars ($500.00) for all
violations committed during a school semester. All or part of the forfeiture plus costs may be
assessed against the person, the parents or guardian of the person, or both.
(D) Contributing to truancy.
(1) No person 17 years of age or older shall by any act or omission, knowingly encourage or
contribute to the truancy, as defined under s. 118.16(1)(c), of a person 17 years of age or
under.
(2) Subsection (1) does not apply to a person who has under his or her control a child who has
been sanctioned under s. 49.26(1)(h).
(3) An act or omission contributes to the truancy of a child, whether or not the child is adjudged
to be in need or protection or services, if the natural and probable consequences of that act or
omission would be to cause the child to be truant.
SECTION 17-17 JUVENILE CURFEW
(A) DEFINITIONS. As used in this section:
(1) "Associational Activity" means school or religious programs, sporting events, public
entertainment such as concerts or movies, and similar activities or events, and shall include
supervised organized volunteer programs such as "Safe Ride". .
(2) "Child" means a person who is less than 18 years of age.
(3) "Curfew period" includes from 11:00 P.M. to 5:00 A.M. Sunday through Thursday nights and
from 12:00 midnight to 5:00 A.M. Friday and Saturday nights.
(B) CURFEW ESTABLISHED. No child shall be or remain in or upon the public streets, highways,
roads, alleys, sidewalks and parks; public buildings; establishments; vacant lots; or in any public
place in the City of Oshkosh, either on foot or in or upon any conveyance operated or parked,
during the curfew period, unless accompanied by the child's parents, step parents, legal guardian
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or other adult family member, or other adult person having the child's care, custody or control.
(C) EXCEPTIONS. The following shall constitute exceptions to the operation of the curfew:
(1) Emergency: The presence of the child is necessitated by an emergency situation in which
property or human life are in jeopardy and the prompt summoning or rendering of aid is
essential.
(2) Employment: The presence of the child is in the course of the child's employment duties
during working hours or for travel incident thereto.
(3) Associational Activity: The child is present while traveling directly home from an
associational activity.
(D) PARENTAL/GUARDIAN RESPONSIBILITY. It shall be a violation of this section for the parent,
step parent, legal guardian or other adult family member, or other adult person having the care,
custody or control of a child to permit, whether knowingly or otherwise, or to force the child to
violate this section.
(E) ENFORCEMENT. Any law enforcement officer having probable cause to believe that a child is in
violation of this section may detain the child, counsel, or issue a warning or summons as may be
appropriate, and shall make every effort to immediately release the child to the parent, legal
guardian or other adult person having the care, custody or control of the child. If the parent, legal
guardian or other adult person having the care, custody or control of such child is unavailable,
unwilling or unable to provide supervision for the child, an officer may release the child to a
responsible adult and verbally counsel, or issue a warning or summons as may be appropriate. In
the case of a child 15 years of age or older, the officer may release the child without immediate
adult supervision, and counsel, or issue a warning or summons to the child as may be appropriate.
(F) AFFECT ON OTHER SECTIONS. The enactment of this section is not intended in any way to
repeal or otherwise modify other provisions of this Code
SECTION 17-17.1 SEXTING PROHIBITED
(A) DEFINITIONS. As used in this section, the following terms shall have the meanings indicated:
(1) “Minor” means any person under the age of 18 years.
(2) “Nudity” means the showing of the human male or female genitals, pubic area, or buttocks with
less than a fully opaque covering; or the showing of the female breast with less than a fully
opaque covering of any portion thereof below the top of the nipple; or the depiction of covered
male genitals in a discernibly turgid state. A mother’s breastfeeding of her baby does not under
any circumstance constitute “nudity”, irrespective of whether or not the nipple is coved during
or incidental to feeding.
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(3) “Harmful to Minors” means any reproduction, imitation, characterization, description,
exhibition, presentation, or representation, of whatever kind or form, depicting nudity, sexual
conduct, or sexual excitement when it:
(1) Predominantly appeals to a prurient, shameful, or morbid interest;
(2) Is patently offensive to prevailing standards in the adult community as a whole with respect
to what is suitable material or conduct for minors; and
(3) Taken as a whole, is without serious literary, artistic, political, or scientific value for minors.
(B) A minor commits the offense of Sexting by knowingly:
(1) Transmission: Using any device capable of electronic data transmission to transmit to
another minor any image or recording of nudity that is harmful to minors.
(2) Possession: Possessing an image or recording that was transmitted or distributed by another
minor that depicts nudity that is harmful to minors.
(a) A minor does not violate this paragraph if all of the following apply:
1. The minor did not solicit the photograph or video.
2. The minor took reasonable steps to report the photograph or video to school or law
enforcement official.
3. The minor did not re-transmit the image or recording to a third party other than law
enforcement official.
(3) Solicitation: Solicits the transmission or distribution of any image or recording that would
itself be prohibited by this ordinance.
(C) Application of Ordinance to First Offenses only. No person shall be cited under the provisions
of this Section who has previously been convicted under this Ordinance, has been charged
under a state statute prohibiting the same or similar conduct, or who has completed an
educational course in lieu of citation or criminal charges.
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
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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.
SECTION 17-19 SWIMMING OR BATHING
(A) Proper Attire Required
No person shall swim or bathe in either the water of Lake Winnebago, Lake Butte des Morts, or the
Fox River within the limits of the City without being attired in proper bathing clothing.
(B) Prohibited from Bridges
No person shall go in bathing from any of the railroad or other bridges crossing the Fox River in the
City, or while bathing, stand, sit, or loiter upon or clamber on or about any such bridges.
SECTION 17-20 PRIVATE SWIMMING POOLS
(A) Definition.
A swimming pool is any structure, basin, chamber or tank containing or capable of containing an
artificial body of water for swimming, diving, or recreational bathing, having a depth greater than
two feet (2') at any point.
(B) Protective Enclosures Required.
(1) All private residential swimming pools, whether in ground or above ground types, shall be
enclosed with an adequate and secure fence at least 42 inches high above adjoining grade to
prevent straying into pool area. Required fences shall be constructed to prohibit the passage
of a six inch (6") sphere between fence members, and the bottom of said fence shall be no
more than two inches (2") above the existing ground elevation. All gates or doors opening
through such enclosure shall be kept securely closed at all times when not in use and shall be
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equipped with a self-closing and self-latching device designed to keep such door or gate
securely closed at all times when not in use.
(2) Exception.
A pool dome or pool top fencing, attached to the pool to extend at least forty-two inches (42")
above the ground, or a pool cover capable of supporting 100 pounds per square foot of area
are acceptable substitutes for fencing above ground pools. Pool covers shall be fixed securely
in place at all times when the pool is not in use. Above grade pool with walls that are at least
forty-two (42") inches high at all points around said pool or having platforms and railings that
are forty-two inches (42") or more in height above grade are also not required to be enclosed
as provided in paragraph (B)(1), but the ladders and stairways providing access to said pools
shall be removed, raised or gated and secured to prevent entry whenever the pool is not in
use.
(C) General Provisions.
(1) Electrical Safety Requirements.
All electrical installations provided for, installed and used in connection with swimming
pools shall be in conformance with the City of Oshkosh Electrical Code and the National
Electrical Code.
(2) Drainage.
The drainage of swimming pools shall be directed to a public storm sewer or catch basin
connected to the public storm sewers. Drainage shall be controlled to prevent any adverse
effect on adjoining property.
(3) Permits.
A building permit is required for installation of a swimming pool.
(4) Conformity.
Existing pools not in compliance with the above enclosure requirements shall be made to
conform within twelve months of the adoption of this ordinance.
SECTION 17-21 MOB ACTION AND CIVIL DISOBEDIENCE
(A) Council Powers
Whenever the Common Council determines that an emergency exists as a result of mob action or
other civil disobedience causing danger of injury or damage to persons or property, or when in
their judgment such mob action or other civil disobedience appears imminent, they shall have
power to impose by resolution any or all of the following regulations necessary to preserve the
peace and order of the City.
(1) Curfew May Be Imposed
To impose a curfew upon all or any portion of the City thereby requiring all persons in such
designated curfew areas to forthwith remove themselves from the public streets, alleys, parks
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or other public places; provided, however, that physicians, nurses and ambulance operators
performing medical services, utility personnel maintaining essential public services, firemen
and City authorized or requested law enforcement officers and personnel may be exempted
from such curfew.
(2) Businesses to Close
To order the closing of any business establishments anywhere within the City for the period
of the emergency; such businesses to include, but not be limited to, those selling intoxicating
liquors, cereal malt beverages, gasoline or firearms.
(3) Street Closing
To designate any public street, thoroughfare or vehicle parking areas closed to motor vehicles
and pedestrian agencies.
(4) Activate Law Enforcement Agencies
To call upon regular and auxiliary law enforcement agencies and organizations within or
without the City to assist in preserving and keeping the peace within the City. This shall
include the authorization to place on an active status all auxiliary police previously placed on
an inactive basis by the Police and Fire Commission.
(B) Proclamation of Emergency; When Effective
The Proclamation of Emergency provided herein shall become effective upon its issuance and
dissemination to the public by appropriate news media.
(C) Proclamation of Emergency; When Terminated
Any emergency proclaimed in accordance with the provisions of this ordinance shall terminate
after seventy-two (72) hours from the issuance thereof, or upon the issuance of a proclamation
determining an emergency no longer exists, whichever occurs first; provided, however, that such
emergency may be extended for such additional periods of time as determined necessary by
resolution of the governing body.
(D) Violation
Any person who shall willfully fail or refuse to comply with the lawful orders of duly authorized
law enforcement officers or personnel charged with the responsibility of enforcing the Proclamation
of Emergency authorized herein shall be deemed in violation hereof.
(E) Ordinance to Take Precedence
The provisions of this Section shall be in addition to any and all other similar provisions in the
Revised Municipal Code and shall take precedence over those with which it may conflict.
(F) Waiver of Council Quorum Rule
For the purposes of adopting resolution referred to under Section 2-13(c) of this Code are hereby
waived and a quorum of the Council may meet to adopt said resolution as soon as possible.
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SECTION 17-22 PICKETING AT PRIVATE RESIDENCES
(A) Declaration. It is hereby declared that the protection and preservation of the home is the keystone
of democratic government; that the public health and welfare and the good order of the community
enjoy in their homes and dwellings a feeling of well-being, tranquility, and privacy, and when
absent from their homes and dwellings, carry with them the sense of security inherent in the
assurance that they may return to the enjoyment of their homes and dwellings; that the practice of
picketing before or about residences and dwellings causes emotional disturbance and distress to the
occupants; obstructs and interferes with the free use of public sidewalks and public ways of travel;
that such practice s as its object the harassing of such occupants; and without resort to such practice
full opportunity exists, and under the terms and provisions of this ordinance, will continue to exist
for the exercise of freedom of speech and other constitutional rights; and that the provisions
hereinafter enacted are necessary for the public to avoid the detrimental results herein set forth and
enacted by the Common Council of the City of Oshkosh pursuant to the provisions of Section
62.11(5) of the Wisconsin Statutes.
(B) It shall be unlawful for any person to engage in picketing before or about the residence or dwelling
of any individual. Nothing herein shall be deemed to prohibit (1) picketing in any lawful manner
during a labor dispute of the place of employment involved in such labor dispute, or (2) the holding
of a meeting or assembly on any premises commonly used for the discussion of subjects of general
public interest.
ARTICLE II. FIRE REGULATIONS
SECTION 17-23 TO ASSIST AND OBEY ORDERS OF OFFICERS OF FIRE DEPARTMENT
No person shall neglect or refuse to render assistance when lawfully called upon to do so by any Fire
Department officer nor shall any person refuse to obey lawful order given by them to assist in the
extinguishment of a fire or to maintain order in the vicinity thereof.
SECTION 17-24 RESISTING OFFICER OR MEMBER OF FIRE DEPARTMENT
No person shall offer any resistance to any officer or member of the Fire Department when in the
performance of his\her duty.
SECTION 17-25 DAMAGING HOSE OR APPARATUS PROHIBITED
No person shall wantonly or maliciously cut or otherwise injure any hose or apparatus belonging to or
used by the Fire Department, nor shall drive any vehicle over any unprotected hose of the Fire Department
which may be laid in the streets or any other place, without the consent of an officer of the Fire
Department.
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SECTION 17-26 UNAUTHORIZED USE OR OBSTRUCTION OF FIRE HYDRANTS
PROHIBITED
No unauthorized person shall open any fire hydrants, nor shall any person obstruct or interfere with the
use of any fire hydrant. (Note: Authorized personnel would be: 1) Fire Department personnel for fighting
fires and training purposes only; 2) Water utility personnel for daily operations.)
SECTION 17-27 ILLEGAL USE OF SIREN
It shall be unlawful for any person, except Fire Department and Police Department emergency vehicles, to
sound any siren or use any device for making similar noise, within the City.
ARTICLE III. OPERATION OF BOATS AND VESSELS
SECTION 17-28 STATE STATUTES ADOPTED
The following State Statutes, exclusive of those portions of the State Statutes relating to classification of
offenses and penalties, together with any future additions, deletions, or supplements thereto, 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. Any act required to be performed or prohibited by any statute incorporated herein by
reference is required or prohibited by this ordinance. Providing, however, that where such statutes are less
stringent than other provisions found in this Code, the provisions of this Code shall apply. Penalty for
violation under this ordinance shall be limited to a forfeiture as hereinafter set forth.
§30.50 Definitions
§30.51 Certificate of number and registration
§30.523 Certification or registration card to be on board; display of stickers or decals and
identification number
§30.544 Inspection of boats purchased out-of-state
§30.547 Penalty
§30.60 Classification of motorboats
§30.61 Lighting equipment
§30.62 Other equipment
§30.625 Rental of personal watercraft
§30.63 Sale and use of certain outboard motors restricted
§30.635 Motorboat prohibition
§30.64 Patrol Boats
§30.65 Traffic rules
§30.66 Speed Restrictions
§30.67 Accidents and accident reports
§30.675 Distress signal flag
§30.68 Prohibited operation
§30.681 Intoxicated Boating
§30.682 Preliminary breath screening test
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§30.683 Implied consent
§30.684 Chemical tests
§30.686 Report arrest to department
§30.687 Officer’s action after arrest for violating intoxicated boating law
§30.69 Water skiing
§30.70 Skin diving
§30.71 Boats equipped with toilets
SECTION 17-29 SPEED LIMITS FOR MOTORBOATS
(A) No person shall drive or operate a motorboat at a speed in excess of slow-no-wake speed on the
following waterways:
(1) Fox River, from a point 900 feet south of the Canadian National Railroad bridge north-
northwesterly to a point under or through the Oregon/Jackson Street bridge; under or
through the Wisconsin/Ohio Street bridge, under or through the Oshkosh/Congress Avenue
bridge from a point 1,600 feet south/downstream to a point 1,900 feet north/upstream of the
bridge.
(2) Miller's Bay, including the Special Anchorage Area, approved by the U.S. Coast Guard and
Army Corp. of Engineers located at Latitude N44 degrees 01'36" and Longitude W88 degrees
31' 5", consisting of an area 300 feet by 500 feet in size, except in case of an emergency or
unless prior approval has been granted by the Common Council.
(B) The proper City officials are authorized to place, or to cause to be placed, the appropriate
navigational aides and buoys to mark the locations of the speed limit restrictions of this Section.
This ordinance shall be enforced by the Winnebago County Sheriff’s Department and the State of
Wisconsin Department of Natural Resources.
SECTION 17-30 ANCHORING VESSELS PROHIBITED
(A) No person shall drop any anchor over in the immediate vicinity of any water mains supplying the
City or its inhabitants with water, or any mains crossing the Fox River or extending into any lake.
(B) No person shall drop any anchor adjacent to the Riverside Park floating docks from a point south of
the extended terminus of Court Street easterly to the Canadian National Railroad Bridge.
ARTICLE IV. PUBLIC NUISANCES
SECTION 17-31 PUBLIC NUISANCES PROHIBITED
No person shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance within the
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City.
SECTION 17-32 DEFINITIONS
(A) Public Nuisance
A public nuisance is a thing, act, occupation, condition or use of property which shall continue for
such length of time as to:
(1) Substantially annoy, injure or endanger the comfort, health, repose or safety of the public;
(2) In any way render the public insecure in life or in the use of property;
(3) Greatly offend the public morals or decency;
(4) Unlawfully and substantially interfere with, obstruct or tend to obstruct or render dangerous
for passage any street, alley, highway, navigable body of water or other public way.
(B) Additional Nuisances
(1) In addition to any other provisions contained in this Article IV, any of the following activities,
behaviors, or conduct, occurring on the premises shall also be deemed a public nuisance:
a. An act of Harassment, as defined in §947.013, Wis. Slats.
b. Disorderly Conduct, as defined in §947.01, Wis. Stats.
c. Battery, Substantial Battery, or Aggravated Battery, as defined in §940.19, Wis. Stats.
d. Lewd and Lascivious Behavior, as defined in §944.20, Wis. Stats.
e. Prostitution, as defined in §944.30, Wis. Stats.
f. Theft, as defined in §943.20, Wis. Stats.
g. Receiving Stolen Property, as defined in §943.34, Wis. Stats.
h. Arson, as defined in §943.02, Wis. Stats.
i. Possession, Manufacture, or Delivery of a Controlled Substance or related offenses, as
defined in §961, Wis. Stats.
j. Gambling, as defined in §945.02, Wis. Slats.
k. Animal violations, as defined in Chapter 6, of this Code.
l. Violation of Adult Entertainment Regulations, as defined in this Chapter.
m. Violations of Chapter 125 of the Wisconsin Statutes, or Chapter 4 of this Code.
n. Violation of High Risk Sexual Conduct Establishment regulations, as defined in Chapter
15, of this Code.
o. Trespassing, as defined in §943.13 and §943.14, Wis. Stats.
p. Weapons violations, as defined in § 939.22, Wis. Stats and in this Chapter.
q. Noise violations, as defined in this Chapter.
r. Jurisdiction over juveniles alleged to be delinquent as defined in §938.12, Wis. Stats.
s. Jurisdiction over juveniles alleged to have violated civil laws or ordinances as described
in §938.125, Wis. Stats.
t. Any conspiracy to commit, as defined in §939.31, Wis. Stats., or attempt to commit, as
defined in §939.32, Wis. Stats., any of the activities, behaviors, or conduct enumerated in
this subdivision.
u. Illegal Possession or Use of Firearms, as defined in Ch. § 941, Wis. Stats. And § 948.60
Wis. Stat.
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(2) Additional Definitions
For the purpose of this subsection (B) of this ordinance, the following terms shall have the
following meanings:
a. “Chief”: The Chief of Police or his or her designee.
b. “Law Enforcement Action” is a police response that results in any of the following:
arrest, issuance of a citation, or referral for charges to the District Attorney. “Law
Enforcement Action” shall not include any activity that was reported by the owner or
occupant of a premises requesting law enforcement services relating to domestic
abuse, sexual assault, or stalking as further described in in Wis. Stat. § 813.12(1)(am), §
940.225, § 948.02, § 948.025, and § 940.32.
c. “Owner”: The owner of the premises and his or her agents.
d. “Premises”: An individual dwelling unit or an individual business premises and
associated common areas; this includes but not limited to: apartments, hotel rooms,
rooming houses, tax parcels and buildings.
SECTION 17-33 PUBLIC NUISANCES
The following acts, omissions, places, conditions and things are hereby specifically declared to be public
nuisances affecting the health, safety and welfare of persons within the City of Oshkosh, but shall not be
construed to exclude other health nuisances coming within the definition of Section 17-32:
(A) Dead Animals
Carcasses of animals, birds or fowl not buried or otherwise disposed of in a sanitary manner within
twenty-four (24) hours after death;
(B) Decayed Matter
Accumulations of decayed animals or vegetable matter, trash, rubbish, rotting lumber, bedding,
packing material, scrap metal or any material whatsoever in which flies, mosquitoes, disease-
carrying insects, rats or other vermin may breed;
(C) Stagnant Water
All stagnant water in which mosquitoes, flies, or other insects can multiply.
(D) Uncovered Privies and Garbage Cans
Privy vaults and garbage cans which are not fly-tight;
(E) Noxious Weeds
All Noxious Weeds, which are hereby declared to be the following within the City of Oshkosh:
(1) All noxious weeds as defined by Wis. Stat. § 66.0407
(2) Any grasses, weeds, brush, or other rank or offensive vegetation which has grown over
eight (8) inches in height.
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(F) Noxious Fumes
The escape of smoke, soot, cinders, noxious acids, fumes, gases, fly ash or industrial dust within the
City limits or within one (1) mile therefrom in such quantities as to endanger the health of persons
of ordinary sensibilities or to threaten or cause substantial injury to property;
(G) Water Pollution
The pollution of any public well or cistern, stream, lake, canal or body of water by sewage,
creamery or industrial wastes or other substances;
(H) Noxious Odors
Any use of property, substances or things within the City or within four (4) miles thereof, emitting
or causing any foul, offensive, noisome, nauseous, noxious, or disagreeable odors, effluvia or
stenches extremely repulsive to the physical senses of ordinary persons which annoy, discomfort,
injure, or inconvenience the health of any appreciable number of persons within the City;
(I) Outdoor Solid Fuel Fired Furnaces, Stoves, and Boilers. (This prohibition shall be applied
retroactively.)
Outdoor Solid Fuel Fired Furnaces, Stoves, and Boilers shall be defined as an accessory structure or
appliance designed (1) for a location ordinarily outside the principal structure and (2) to transfer or
provide heat via liquid or other means, by burning wood or other solid fuels, for heating any
principal or accessory structure on the premises.
(J) Premises Where Habitual Violations of Laws Have Occurred
Any place or premises within the City where City ordinance or State laws relating to public health,
safety, peace, morals or welfare are openly, continuously, repeatedly and intentionally violated;
(K) Accumulation of Snow and Ice on Sidewalks
All ice not removed from public sidewalks and all snow not removed from public sidewalks as
required by City ordinance.
(L) Signs and Billboards Endangering Public Safety
All signs and billboards, awnings and other similar structures over or near streets, sidewalks,
public grounds of places frequented by the public, so situated or constructed as to endanger the
public safety.
(M) Unauthorized Devices Imitating Traffic Control Devices
All unauthorized signs, signals, markings or devices which purport to be or may be mistaken as
official traffic control devices placed or maintained upon or in view of any public highway or
railway crossing;
(N) Obstruction of Street Intersections
All trees, hedges, billboards, or other obstructions which prevent persons driving vehicles on public
streets, alleys or highway from obtaining a clear view of traffic when approaching an intersection or
pedestrian crosswalk;
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(O) Limbs Projecting over Sidewalks
All limbs of trees which project over a public sidewalk or a public street in violation of the clearance
requirements established by Chapter 26.
(P) Unsafe Structures
All buildings or structures so old, dilapidated, or out of repair as to be dangerous, unsafe,
unsanitary or otherwise unfit for human use;
(Q) Low Hanging Wires
All wires over streets, alleys or public grounds which are strung less than fifteen (15) feet above the
surface of street or ground;
(R) Noisy Animals
The keeping or harboring of any animal or fowl which by frequent or habitual howling, yelping,
barking, crowing or making of other noises shall greatly annoy or disturb a neighborhood or any
considerable number of persons within the City;
(S) Unauthorized Street Obstructions or Excavations
All obstructions of streets, alleys, sidewalks or crosswalks and all excavations in or under the same,
except as permitted by the ordinances of the City or which, although made in accordance with such
ordinances, are kept or maintained for an unreasonable length of time after the purpose thereof has
been accomplished;
(T) Unguarded Excavations, etc.
All open and unguarded pits, wells, excavations, or unused basements freely accessible from any
public street, alley, or sidewalk;
(U) Use of Abutting Property Which Causes traffic Impediment
Any unauthorized or unlawful use of property abutting on a public street, alley, or sidewalk or of a
public street, alley, or sidewalk which causes large crowds of people to gather, obstructing traffic
and free use of the streets or sidewalks;
(V) Downspouts, sump pumps and other concentrated discharges
Downspouts, sump pumps and any other concentrated discharges where such discharges
flow directly or indirectly onto city streets, alleys or sidewalks, driveway aprons, or any
other surface within the public right of way. Includes the laying of sump pump, downspout
or other concentrated discharge piping on or across any city street, alleys or sidewalks,
driveway apron, or any other surface within the public right of way.
SECTION 17-34 RESERVED – Formerly PUBLIC NUISANCES OFFENDING MORALS AND
DECENCY (Repealed 5/7/12)
SECTION 17-35 RESERVED – Formerly PUBLIC NUISANCES AFFECTING PEACE AND SAFETY
(Repealed 5/7/12)
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SECTION 17-36 PUBLIC NUISANCE AFFECTING PROPERTY USAGE
(A) The exterior of every structure or accessory structure, residential and non-residential, including
fences, shall be maintained by the owner, occupant or person authorized to use same, in good
repair and all exterior surfaces thereof shall be kept painted or covered with exterior siding material
intended for that use by the manufacturer for purposes of preservation and appearance. The same
shall be maintained by the owner, occupant or person authorized to use same, free of broken or
missing siding, shingles or exterior woodwork, crumbling stone or brick, excessive chipped,
peeling, or lack of paint, missing, broken or deteriorating steps, porches, handrails and guardrails
or any other conditions reflective of deterioration and/or inadequate maintenance or as may tend to
depreciate property values in the area or create a nuisance or hazard.
(B) On all residential and non-residential premises in the City, any junk, debris or condition, including,
but not limited to: wood, bricks, concrete rubble, cinder block or other building materials, scrap
metal, tree limbs or brush, tree stumps with a height greater than their diameter, yard waste,
household garbage or refuse not properly contained or stored, inoperable vehicles, motor or
recreational, as defined in section 16-22 or parts thereof and inoperable machinery or parts thereof
(except when housed inside out of public view), refrigerators, stoves, washing machines, dryers, or
other appliances, water heaters, dilapidated dog houses or animal cages, animal waste, upholstered
furniture, mattresses, bedsprings or other furniture not intended for exterior use by the
manufacturer and used or stored on open porches or in yards, rutted lawns or driveways or any
other unsightly conditions as may tend to depreciate property values in the area or create a
nuisance, hazard or eyesore, shall not be allowed on any property by the owner, occupant or person
authorized to use same. Lots in residentially developed areas shall be kept free, by the owner,
occupant, or person authorized to use same, of dirt piles, rubble and any other material or
conditions which might hinder maintenance of the property, except that dirt piles used for
landscaping purposes shall be leveled and said areas seeded with grass within thirty (30) days of
the date of delivery of the dirt. Dirt piles in commercially and industrially zoned areas shall be
removed within one (1) year of the date of deposit on the property, except those used in conjunction
with properly zoned landscaping businesses or contractor's yards.
(C) No person shall store outdoors, nor shall any person permit or allow the outside storage of,
firewood on any property used or zoned for residential use, except as permitted in this paragraph.
Firewood shall not be stored in the front yard of such property or within the setback, except that
firewood may be temporarily stored for a period not to exceed fourteen (14) days from date of
delivery to the property. All firewood shall be stacked neatly and in stable condition at least 6
inches above grade and no closer than one (1) foot to any lot line and no higher than five (5) feet
above grade except when adjacent to a fence where firewood shall be stacked no higher than the
upper-most horizontal portion of the fence. No person shall permit the infestation of mice, rats,
other rodents or insects in, under or near the stack. No person shall allow any brush, debris or
refuse from the processing of firewood to remain anywhere on the property. Not more than ten
(10) percent of the side yards and rear yard combined may be used for the storage of firewood at
any time.
(D) Every owner or operator of residential or nonresidential structures shall be responsible for the
extermination of any insects, rodents, pigeons, or other pests when the infestation is caused by
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failure of the owner or operator to maintain the building in a rodent or pigeon proof or
substantially insect proof condition. All openings or areas where rodents, pigeons and insects
might enter the building shall be effectively sealed.
(E) In addition to any other penalty assessed under this chapter, any violation of this section may be
abated pursuant to section 17-38 of this code.
(F) Inspection Service Fees
(1) The property owner shall be assessed a separate inspection service fee for violations of this
section as verified by the City after an inspection. This inspection service fee shall be in
addition to any other fees or special charges authorized by the Municipal Code. Inspection
service fees may be placed as a special charge against the property as allowed by statute
without further notice if they remain unpaid thirty days after an invoice is mailed to the
owners last known address
(2) The fees referred to in this section and other sections of this article shall be established by
the governing body and may from time to time be modified by resolution. A schedule of
the fees established by the governing body shall be available for review in the administering
authority office, Room 205 City Hall, 215 Church Avenue, Oshkosh, Wisconsin.
SECTION 17-37 DEFACEMENT OR DAMAGE OF PROPERTY BY GRAFFITI
(A) Graffiti shall mean any drawing, figure, inscription, symbol, or other marking which is scratched,
painted, drawn in pen or marker, or placed by some other permanent or semi-permanent means
upon sidewalks, streets, public or private structures or any other place in public view without the
express permission or consent of the property owner.
(B) Graffiti is hereby declared to be a public nuisance, as defined under section 17-32 of this code,
affecting peace and safety.
(C) No person shall write, spray, scratch or otherwise affix graffiti upon any property whether private
or public without the consent of the owner or owners of said property. Any person who shall affix
graffiti to any property without the consent of the owner shall be liable for the costs of removing or
covering such graffiti in addition to any fines imposed for violating this section. The parents of any
unemancipated minor child who affixed graffiti may be held liable for the cost of removing or
covering said graffiti in accordance with Wisconsin Statute section 895.035.
(D) Every owner of occupant of a structure or property defaced by graffiti shall notify the Oshkosh
Police Department of the graffiti before removing or covering such graffiti.
(E) Every owner of a structure or property defaced by graffiti shall cover or remove the graffiti within
15 days in compliance with written notice served upon them by the Oshkosh Police Department to
remove or cover such graffiti.
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(F) In the event any owner fails to comply with the above-mentioned notice, the Oshkosh Police
Department shall have the graffiti covered or removed and all costs, fees and expenses will be
assessed to said owners real estate taxes pursuant to section 66.60(16) of the Wisconsin Statutes.
SECTION 17-38 ABATEMENT OF PUBLIC NUISANCES (Revised 7/1/12)
(A) Inspection of Premises
Whenever complaint is made that a public nuisance exists within the City, the Chief of Police,
Director of Public Works, or Building Inspector shall inspect or cause to be inspected the premises
and shall make a written report of findings to the City Manager or designee.
(B) Summary Abatement
(1) Notice to Owner
If the inspecting officer shall determine that a public nuisance exists on private property and
that there is great and immediate danger to the public health, safety, peace, morals, or
decency, the City Manager or designee may direct the appropriate personnel to serve notice
on the owner or, if the owner cannot be found, on the occupant or person causing, permitting
or maintaining such nuisance and to post a copy of said notice on the premises. Such notice
shall direct the owner, occupant or person causing, permitting or maintaining such nuisance
to abate or remove such nuisance within twenty-four (24) hours and shall state that unless
such nuisance is so abated, the City will cause the same to be abated and will charge the cost
thereof to the owner, occupant, or person causing, permitting or maintaining the same.
(2) Abatement by City
If the nuisance is not abated within the time provided or if the owner, occupant, or person
causing the nuisance cannot be found, the City Manager or designee, shall direct the
abatement or removal of such public nuisance.
(C) Emergency Abatement
If the public nuisance is likely to result in damage to properties, public facilities, or waters of the
state, the City may enter the land and take emergency actions necessary to prevent such damage.
(D) Abatement by Court Action
If the inspecting officer shall determine that a public nuisance exists on private premises but that
the nature of such nuisance is not such as to threaten great and immediate danger to the public
health, safety, peace, morals, or decency, he/she shall file a written report of findings with the City
Manager or designee, who may cause an action to abate such nuisance to be commenced per state
statute Chapter 823.
(E) Other Methods Not Excluded
Nothing in this Chapter shall be construed as prohibiting the abatement of public nuisances by the
City or its officials in accordance with the laws of the State of Wisconsin.
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(F) Cost of Abatement
In addition to any other penalty imposed by this Article for the erection, contrivance, creation,
continuance or maintenance of a public nuisance, the cost of abating a public nuisance by the City
may be collected as a debt from the owner, occupant, or person causing, permitting, or maintaining
the nuisance or assessed against the real estate as a special tax.
(1) Wherever this Article imposes the Cost of Abatement as a special charge against the premises,
the City of Oshkosh elects not to be subject to the administrative review provisions contained
within Chapter 68 of the Wisconsin Statutes, and establishes the following as a complete and
final review procedure: As a condition precedent to challenging any special charge, the
owner of the premises must timely pay the charge in full under protest to the City. An appeal
shall be to the City Manager and can be undertaken only by filing a written appeal with the
City Clerk concurrent with the date of payment. The written appeal shall specify all grounds
for challenge to the amount of the special charge and shall state the amount of charge that the
appellant considers to be appropriate. Failure to timely and properly appeal shall deprive the
City Manager of jurisdiction to hear the appeal.
a. The City Manager shall have 120 calendar days to consider an appeal under this
subsection. In considering an appeal, the City Manager shall determine whether the
charge is fair and reasonable and, in the event the appeal is granted, whether or not a
refund is due the appellant and the amount of the refund. The City Manager shall
conduct a formal or informal hearing at such time and place as designated in a hearing
notice to the appellant, providing five (5) business days notice to the appellant. The
City Manager shall obtain sufficient facts upon which to make a determination. The
decision shall be based upon the evidence presented. The City Manager shall notify the
appellant in writing of the determination by first class mail addressed to the individual
and at the address listed within the appeal. Service is conclusive upon mailing.
b. The decision of the City Manager is final except if the owner of the premises appeals the
decision to a court of competent jurisdiction. Such appeal shall be filed no later than
thirty (30) calendar days after the date of mailing the decision of the City Manager.
Such appeal shall be by writ of certiorari and the reviewing court shall be limited solely
to the record created before the City Manager. Costs, but not attorney fees, shall be
awarded to the prevailing party, at the sole discretion of the court. Failure to timely and
properly appeal shall deprive the court of jurisdiction to hear the appeal.
SECTION 17-38.1 ALTERNATE METHOD TO ABATE NUSIANCE
(A) Notice of Chronic Nuisance Premises: In addition to any other enforcement measure provided by
law, for any nuisance as enumerated in Sec. 17-32(B), whenever the Chief determines that three or
more public nuisance activities resulting in a law enforcement action have occurred at a premises
on separate incidents during a 12-month period, the Chief may notify the premises owner in
writing. In the case of a residential rental unit, each incident shall involve the same individual
dwelling unit (i.e. the same apartment unit, the same hotel room) but the incidents do not need to
involve the same person. The notice shall contain the street address or legal description sufficient
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to identify the premises, a description of the nuisance activities that have occurred at the premises,
a statement indicating that the cost of future enforcement may be assessed as a special charge
against the premises, and a notice as to the appeal rights of the owner. The notice shall be delivered
by any one of these methods: (a) by personally serving the owner or by leaving the notice at the
owner’s abode or principal place of doing business with a person who is apparently in charge of the
principal place of doing business, or (b) by registered mail, or by certified mail return receipt
requested, or (c) by publication as a Class 1 notice together with mailing the notice to the owner’s
last known residential or business address; the mailing may be omitted if the post-office address
cannot be ascertained with reasonable diligence.
(B) Abatement Plan: Any owner receiving notice pursuant to this Section shall, unless other
arrangements are agreed to in writing, meet with the Chief, or his/her designee, within 5
business days of receipt of such notice. The parties shall review the problems occurring at the
property. Within 10 business days of this meeting, the owner shall submit to the Chief a written
abatement plan to end the public nuisance activity on the property. The plan shall also specify
a name, address, and telephone number of a person living in the State of Wisconsin who can be
contacted in the event of further police, fire, or inspection contact.
(E) Additional Public Nuisance Activity During Implementation of Agreed Upon Abatement Plan: If
additional public nuisance activity occurs on a rental property subject to an abatement plan during
the timely implementation of the agreed upon abatement plan, the property owner shall not be
subject to penalties described in this Code.
(D) Remedies and Forfeitures
(1) Cost of Abatement: Whenever the Chief determines that additional public nuisance activity has
occurred at a premises for which notice has been issued pursuant to this Section, that this public
nuisance activity has occurred not less than 15 business days after notice has been issued, and
that reasonable efforts have not been made to abate the public nuisance activity, the Chief shall
calculate the cost of police response and enforcement for this and any subsequent public
nuisance activities and shall cause such charges and administrative costs to be assessed and
collected as a special charge against the premises.
(2) Forfeitures: In addition to any other penalty provided in this Municipal Code, every person
convicted of a violation of any of the provisions of this Section shall for each offense be
punished by the forfeitures as set below, together with the costs of prosecution and in default of
payment of such fines and costs. Each day of violation shall be considered a separate and
distinct offense.
a. First Offense: not less than $400, nor more than $800.
b. Second offense within 24 months of previous conviction: not less than $600, nor
more than $1,000.
c. Third offense within 24 months of previous two convictions: not less than $800,
nor more than $1,200.
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d. Fourth or subsequent offense within 24 months of previous three subsequent
convictions: not less than $1,000, nor more than $2,000.
(E) Appeal: An appeal of the determination of the Chief under this section may be submitted in
writing to the City Manager within ten (10) days from the date of the notice in subsection (1). In the
event such appeal is timely filed, all parties shall be afforded an opportunity to present evidence
and to rebut or offer countervailing evidence at a hearing conducted by the City Manager, or the
City Manager’s designee, after reasonable notice. For purposes of this section, the City elects not to
be bound by Wis. Stat. Ch. 68 with respect to administrative procedure. The determination of the
City Manager shall be final for purposes of judicial review pursuant to section 68.13 Wisconsin
Statutes.
(F) When Nuisance Abated: After the date that a notice was issued under this section, the public
nuisance shall be considered abated when no law enforcement action occurs at a premises for a
period of six (6) consecutive months.
SECTION 17-39 BARBED WIRE FENCING
The use of barbed wire within the City for the purpose of fencing or enclosing lots or for any other purpose
is prohibited, provided that the provisions of this Section shall not apply to farming lands used and
cultivated as such within the City limits where the fencing along either a street or sidewalk line is placed a
distance of at least six (6) feet inside the sidewalk line, and provided further that this Section shall not
apply to any fences more than six (6) feet high from the ground, where such barbed wire is strung at the
top of such fencing.
SECTION 17-40 ABANDONED ICE BOXES
No person shall leave outside of any building or dwelling in a place accessible to children any abandoned,
unattended or discarded ice box, refrigerator or any other container of any kind which has an air-tight door
or lock which may not be released for opening from the inside of said ice box, refrigerator or container; or
which has an air-tight snap-lock or other device thereon without first removing the same snap-lock doors
from said ice box, refrigerator or container.
SECTION 17-41 FALSE REPORTING OF EMERGENCY
No person shall intentionally contact “911,” the Oshkosh Fire Department, or the Oshkosh Police
Department to report an emergency knowing that the fact situation which he or she reports does not
exist.
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SECTION 17-42 EXCESSIVE AND UNNECESSARY NOISE
(1) Scope and Enforcement
This Section shall apply to the control of all noise originating within the limits of the City. It is the
policy of the City of Oshkosh to comply with the noise limitations, as set forth in this Section, in all
of its own operations and the operations of its contractors and subcontractors.
(2) Definitions. As used in this Section:
(a) "Ambient noise" means the all-encompassing background noise associated with a given
environment, being usually a composite of sounds from many sources near and far.
(b) “Amplifier” or “amplification device” or “amplified sound” shall mean any device,
apparatus, or instrument for the amplification of the human voice or any sound or noise, or
other sound-making or sound reproducing device.
(c) "A-weighted sound level" or “A-Scale level” mean the sound pressure level in decibels as
measured on a sound level meter using the A-weighting network. The level so read is
designated dB (A) or dBA.
(d) "Day" means the hours between 7:00 a.m. and 10:00 p.m., Sunday through Thursday; and, the
hours between 8:00 a.m. and 11:00 p.m., Friday and Saturday.
(e) "Decibel (dB)" means a standard unit of sound pressure level.
(f) "Impulsive sound" means a single sound pressure peak or a series of single bursts of short
duration, usually less than one second.
(g) "Night" means the hours between 10:00 p.m. and 7:00 a.m., Sunday through Thursday; and,
the hours between 11:00 p.m. and 8:00 a.m., Friday and Saturday.
(h) “Non-residential district” means any area of the city designated on the official Oshkosh
Zoning Map, pursuant to Chapter 30 of this Code, that are not “residential” as defined in this
Section. These are commonly thought of as business, commercial, industrial, and institutional
districts, and are classified in Chapter 30 of the Code as I-Institutional, NMU-Neighborhood
Mixed Use, SMU-Suburban Mixed Use, UMU-Urban Mixed Use, CMU-Central Mixed Use,
RMU-Riverfront Mixed Use, BP-Business Park, or UI-Urban Industrial.
(i) "Person" means any individual, firm, partnership, or corporation.
(j) "Pure tone" means a steady sound without overtones.
(k) "Real property boundary" means an imaginary line along the ground surface, and its vertical
extension, which separates the real property owned by one person from that owned by
another person, but not including intra-building real property division.
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(l) "Residential district" means any area of the City designated on the official Oshkosh Zoning
map, pursuant to Chapter 30 of this Code, as Single-Family Residential, Duplex Residential,
Two-Family Residential, Multi-Family Residential, Mobile Home Residential, or Rural
Holding, or SR-2, SR-3, SR-5, SR-9, DR-6, TR-10, MR-12, MR 20, MR-36, MH-9, or RH-35.
(m) "Sound level meter" means an instrument which includes microphone, amplifier, RMS
detector, integrator or time averager, output meter, and weighting networks used to measure
sound pressure levels.
(3) Noise Limitations
(a) General
a. The A-scale level from any noise source or combined noise sources on any parcel
located in the City of Oshkosh shall not exceed the following levels at the Real
Property Boundary:
Maximum Sound Pressure Levels (dB) along District Boundaries:
Residential Non-Residential
A-scale levels 55 dBA 62 dBA
b. Maximum sound pressure levels shall be decreased by five dB if the subject noise
consists primarily of a pure tone or if it is impulsive in character.
c. Readings shall be taken in such a manner to minimize or eliminate the effects of
ambient noise upon the readings taken. If a correction is made for ambient noise in
the readings, such correction shall be noted
d. No motor vehicle containing a radio or other electronic sound amplification device
shall emit sound from that motor vehicle that is audible under normal conditions
from a distance of 75 or more feet, unless the electronic sound amplification device
is being used to request assistance or warn against an unsafe condition.
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(b) Places of Public Entertainment
a. No person shall operate, play, or permit the operation or playing of any radio,
television, phonograph, drum, musical instrument, sound amplifier, or similar
device or any combination thereof, which produces, reproduces, or amplifies sound
within a fully enclosed building or structure of any place of public entertainment at
a sound level greater than 100 dBa as read by the slow response on a sound level
meter at any point that is normally occupied by a customer, unless a conspicuous
and legible sign which is at least 225 square inches in area is placed outside such
place, near each public entrance, stating: "WARNING: SOUND LEVELS WITHIN
MAY CAUSE PERMANENT HEARING IMPAIRMENT."
b. Ambient noise, sound including amplified and/or impulsive sounds, and sound
levels within outdoor standing or seating areas, outdoor beer gardens, or other
outdoor areas that are places of public entertainment shall be governed by all other
applicable requirements of this Section and the Wisconsin Statutes.
c. The sound limitations or allowances identified in paragraph (3)(a), above, are
strictly intended for those buildings or structures that are fully enclosed. For
clarification, fully enclosed requires that windows remain closed and doors are
closed except for periodic instances allowing customers or patrons to pass through.
Buildings or structures with open windows, or with doors that remain open more
than temporarily and periodically allowing customers or patrons to pass through,
shall be considered “outdoor.”
(4) Public Nuisance. Noises constituting a public nuisance may be subject to summary abatement
procedures as provided in this Code. Such abatement shall be in addition to administrative
proceedings, forfeitures, and penalties provided in this Section. Noises that are public nuisances
are described as:
(a) Excessive Noise, which are noises exceeding the limitations of this Section, is hereby
deemed and declared to be a public nuisance.
(b) Unnecessary noise, meaning any unreasonably loud, disturbing, and unnecessary noise, or
any noise of such character, intensity, or duration as to be detrimental to the life or health of
one or more members of the public, or which in the disturbance of public peace and welfare
is a public nuisance and is prohibited. Without limiting the scope of this subsection:
a. Unnecessary noise may originate from inside or outside buildings or structures,
may or may not be amplified, and may occur within one parcel in circumstances
such as apartment buildings or condominiums, or other shared spaces.
b. Radios, stereos, or other similar devices that are not within a motor vehicle are
expressly permitted, except that the volume of sound shall be controlled so that it is
not unreasonably loud, disturbing, or of such character, intensity, or duration that it
is disturbing to any person within the range of audibility.
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c. Noise shall not be profane, lewd, indecent, or slanderous.
(5) Prohibited Acts
No person shall make, produce, allow or cause to be produced any noise which is unnecessary as
described in this Section, or exceeds the noise limitations as set forth in this Section.
(6) Noise Exemptions
The noise limitations as set forth in sub-section (3) shall not apply to the following:
(a) Non-commercial public speaking and public assembly activities conducted on any public
property.
(b) Construction sites, public utilities, and public works operations during any day, from
Monday through Saturday, inclusive; provided, however, that the sound level at or across a
real property boundary shall not exceed 86 dBa.
(c) Emergency short term operations which are necessary to protect the public health, safety
and welfare of the citizens, including emergency utility and public works operations.
(d) Any noise emitted from emergency warning devices and safety relief valves that are not
otherwise regulated.
(e) Loading or unloading operations or other handling of boxes, crates, containers, building
materials, garbage cans, or similar objects during any day.
(f) Stationary bells, chimes, sirens, whistles, or similar devices, intended primarily for
emergency purposes, except industrial whistles; provided, however, that no such device
shall be sounded more than five minutes in any hourly period, nor a total of 30 minutes in
any twenty-four hour period. Church bells, chimes and carillons may be rung at any time.
(g) Domestic power tools, including any mechanically powered sander, lawn or garden tool, or
similar device used during any day.
(h) Snow blowers shall be exempt, whether operated day or night. However, the use of snow
blowers in specific situations may be considered Unnecessary Noises under paragraph 4.(b)
of this Section.
(i) Industrial whistles, provided that the sounding of any such whistle is to give notice of the
time to begin or stop work or as a warning of fire, danger, or upon request of proper city
authorities.
(j) The sounding of any horn on a railroad train or locomotive on a main line railroad track,
provided that any such sounding is required by state law or reasonably required to avoid
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an impending accident.
(k) Aircraft operations.
(7) Animal Noise. No person shall keep any dog or other animal which by loud or frequent or
habitual noise shall disturb the peace or disturb any person in the vicinity.
(8) Variances
Temporary variances from the terms of this Section may be requested by written request to the City
Council. Variances exceeding two years may be granted only in exceptional cases, including those
for which, control technology is unavailable or available only at a prohibitive cost.
(a) Application. Application for a variance under this sub-section shall be made in writing and
filed with the City Clerk who shall place the variance request upon the Common Council
agenda for their next regular meeting if the request is received at least five (5) business days
prior to such meeting. If the request is received less than five (5) business days prior to the
next regular Council meeting, the request shall be placed on the second meeting following
the submission of the request. The request shall specify the grounds upon which the
variance is sought and the date by which the source of any excess noise or vibration for
which the variance is sought shall be brought into compliance with this Section. An
application for a variance shall be considered timely made if filed within thirty (30) days
following due notification of a violation of this Section. The proper filing of an application
within such time shall stay the enforcement of any such violation until a final decision has
been issued by the Council.
(b) Review. The Common Council may grant a temporary variance to the requirements set
forth in this Section. In making the determination, the Council shall consider all relevant
factors including but not limited to:
(1) Any benefit to the applicant, community or any other persons in relation to the
granting of the variance;
(2) any hardship to the applicant, the community, and other persons of not granting the
variance;
(3) duration of the requested variance;
(4) the adverse impact on health, safety, and welfare of persons owning, residing, or
occupying property in the surrounding area and the public in general;
(5) whether the circumstance, hardship, or situation to be addressed by the proposed
variance is unique, and not applicable generally to other circumstances;
(6) whether the person or entity seeking the variance is otherwise in compliance with all
applicable ordinances, regulations and statutes; and,
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(7) any other adverse impacts of granting the variance.
The Common Council may require the applicant to submit additional information not
contained in the application which may be necessary for making a determination under this
sub-section.
(c) Decision upon Variance. The Council may approve, approve subject to conditions, or deny,
in whole or in part, a variance under such conditions as are necessary to protect the public
health, safety, and welfare, including a schedule for achieving compliance with noise
limitations.
(d) Non-compliance. Non-compliance with any conditions imposed on the variance shall
terminate the variance and subject the person holding it to those provisions of this Chapter
for which the variance was granted.
(e) Extension and Modification. Application for extension of time limits or modification of
other conditions specified in the variance shall be treated like applications for an initial
variance.
(f) Legal Recourse. Any applicant aggrieved by the decision of Common Council or any
person so aggrieved may seek such other legal relief as may be available
SECTION 17-43 RAILROAD HORNS AND WHISTLES
No railroad shall cause or permit a locomotive horn or whistle to be sounded within the limits of the City
except when, in the judgment of the operator of the locomotive, it is necessary to do so to prevent damage
to property or injury to persons.
SECTION 17-44 WEED CUTTING AND LAWN CARE
(A) Definition of Noxious Weeds
The following are hereby declared to be Noxious Weeds within the City of Oshkosh:
(1) All noxious weeds as defined by Wis. Stat. § 66.0407
(2) Any grasses, weeds, brush, or other rank or offensive vegetation which has grown over
eight (8) inches in height.
(B) Owner's Responsibility
The owner of every parcel of land within the City shall cut or cause to be cut all Noxious Weeds
upon said parcel of land and in the public right-of-way adjoining said land. Any owner failing to
comply with this provision is subject to penalties provided in Section 17-46, and further, the
Noxious Weeds may be eliminated and abated by the City as provided below.
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(C) Uncut Growth; Public Nuisance; Abatement by City
All uncut Noxious Weeds as outlined above are hereby declared to be a public nuisance and fire
hazard and shall be cut by the City at its option if the owner fails to comply with this ordinance. In
addition to any other penalty provided in this Code, the costs thereof, together with an
administrative charge applied to the bill, imposed each time the growth is cut, shall be charged
against the property as a special charge.
(D) Exemptions
This ordinance shall not apply to the following areas (“Exempt Areas”):
(1) Vegetation located on lands cultivated for agricultural purposes
(2) Vegetation within 50’ of the edge of a designated storm water pond, wetland or
drainageway or within 50’ of the edge of natural or altered creeks, rivers and stream
corridors, including riparian buffer strips
(3) Temporary erosion control grasses
(4) Vegetation in publicly owned parks
(5) Vegetation on steep slopes that would be unsafe or unreasonable to mow
(6) Vegetation in natural wooded lots
(7) Vegetation located within an approved Native Landscaping Area per Section 17-44.2.
Failure to conform to the native landscaping management plan shall result in revocation of
the approval of the Native Landscaping Area and shall also result in a forfeiture of the
exemption under this Section.
SECTION 17-44.1 APPOINTMENT OF WEED COMMISSIONER
The powers and duties of the Weed Commissioner as defined by state statutes shall be performed
by the Chief Building Official of the Inspection Services Division, or, staff designees. The duties
shall be performed in conjunction with other duties of the assigned employee and said employees
shall receive no additional compensation for said services other than their regular salary.
SECTION 17-44.2 NATIVE LANDSCAPING AREAS
(A) Purpose
The City recognizes the desirability of permitting natural vegetation within the City limits while
maintaining public health and safety. The City further recognizes that the use of native plants in a
managed landscape design on private property can be economical, low-maintenance and effective
in soil and water conservation. However, it is not the intent of this section to allow vegetated areas
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to be completely unmanaged or overgrown.
(B) Native Landscaping Areas
Native Landscaping Areas, which otherwise may be known as maintained prairies or meadows, are
areas of grasses and flowering broad-leaf plants that are native to, or adapted to, the State of
Wisconsin and that are commonly found in meadow and prairie plant communities. If a proposed
landscape within the City includes native grasses that exceed or are expected to exceed eight (8)
inches in overall height, the property owner must apply for and receive approval of the Native
Landscaping Area pursuant to sub-section (C) below.
(C) Native Landscaping Area Approval/Submission Landscaping Management Plan
A property owner in the City must apply to the Director of Parks or designee for approval of a
Native Landscaping Area and submit a native landscaping management plan. The native
landscaping management plan shall include the following information:
(1) The name and address of the property owner and contact information.
(2) A description of the type of vegetation to be used. A list of commonly-used native
landscaping is found in Section 30-254.
(3) A dimensioned site plan for the proposed Native Landscaping Area.
(a) The dimensioned site plan shall include setbacks at least five feet from any property
line. However, if a Native Landscaping Area abuts an Exempt Area as defined in
Section 17-44(D), no setback shall be required from that specific abutting property
line.
(b) The dimensioned site plan shall be contained solely within a property owner’s
private property. A Native Landscaping Area is not allowed within the public right-
of-way adjoining private property.
(c) The dimensioned site plan shall comply with visibility standards of Section 30-174.
(4) A description of the specific management techniques that will be used to control weeds,
non-native or invasive vegetation, and rodent infiltration.
(5) The estimated transition period, which shall not be longer than three growing season.
Any owner that applies for and receives approval of a Native Landscaping Area agrees to hold the
City harmless for all acts necessary to enforce its Weed Cutting and Lawn Care regulation.
(D) Native Landscaping Area Denial, Revocation, and Appeal
(1) Applications for a Native Landscaping Area may be denied by the Director of Parks or
designee if the application is incomplete or inconsistent with application requirements or it
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appears that the approval would be detrimental to the public health, safety or welfare.
(2) Any Native Landscaping Area approval may be revoked by the Director of Parks or
designee for failure to comply with the approved native landscaping management plan. In
that event, the Director of Parks, or its designee, shall mail the property owner a notice of
intent to revoke the Native Landscaping Area approval allowing the property owner thirty
(30) days to either correct the violations or to convert the property into a mowed and
manicured lawn composed of a common turf grass mowed to a height of not greater than
eight (8) inches. Failure to act on the notice shall entitle the City to proceed with abatement
according to Section 17-44(C).
(3) Any property owner who is denied a Native Landscaping Area approval may appeal such
decision to the Board of Appeals as provided for in Chapter 30.
ARTICLE V. REGULATION OF ALARM SYSTEMS
SECTION 17-45 REGULATE PRIVATE ALARM SYSTEMS
(A) DECLARATION OF PURPOSE. The purpose of this ordinance is to provide minimum standards
and regulations applicable to burglar and holdup alarm systems, alarm business, and alarm users.
Both society in general and public safety in particular will be aided by providing a useful and
useable system of private security which properly balances quick response by law enforcement
with minimization of law enforcement time spent on alarms which are false or otherwise not the
intended function of private security systems.
(B) DEFINITIONS. Within this chapter, the following terms, phrases, and words and their derivations
have the meaning given herein.
(1) The term "Alarm Business" means any business in which the owners or employees engage in
the activity of altering, installing, leasing, maintaining, repairing, replacing, selling, or
servicing alarm systems.
(2) The term "Alarm System" means an assembly of equipment and devices or single device such
as a solid state unit which plugs directly into 110 volt AC line or otherwise receives electrical
energy arranged to signal the presence of a hazard requiring urgent attention and to which
the police are expected to respond either directly or indirectly. In this ordinance, the term
"Alarm System" shall include but not be limited to the terms "Automatic Holdup Alarm
Systems", "Burglar Alarm Systems", "Holdup Alarm Systems", and "Manual Holdup Alarm
Systems" as those terms are hereinafter defined. Fire alarm systems and alarm systems which
monitor temperature, humidity, or any other condition not directly related to the detection of
an unauthorized intrusion into a premises, or an attempted robbery at a premises are
specifically excluded from the provisions of this ordinance. Also excluded from this
definition and from the coverage of this ordinance are alarm systems used to alert or signal
persons within the premises in which the alarm system is located, of an attempted
unauthorized intrusion or holdup attempt. If a system employs an audible signal emitting
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sounds or a flashing light or beacon designed to signal persons outside the premises, the
system shall be within the definition of alarm system and shall be subject to this ordinance.
(3) The term "Annunciator" means the instrumentation on an alarm console at the receiving
terminal of a signal line which through both visual and audible signals shows when an alarm
device at a particular location has been activated or it may also indicate line trouble.
(4) The term "Answering Service" refers to a telephone answering service providing among its
services the service of receiving on a continuous basis through trained employees, emergency
signals from alarm systems, and thereafter, immediately relaying the message by live voice to
the communication center of the police department.
(5) The term "Automatic Dialing Device" refers to an alarm system which automatically sends
over regular telephone lines, by direct connection or otherwise, a prerecorded voice message
or coded signal indicating the existence of the emergency situation that the alarm system is
designated to detect.
(6) The term "Automatic Holdup Alarm System" means an alarm system in which the signal
transmission is initiated by the action of the robber.
(7) The term "Burglar Alarm System" refers to an alarm system signaling an entry or attempted
entry into the area protected by the system.
(8) The term "False Alarm" means the activation of an alarm system through mechanical failure,
malfunction, improper installation, or the negligence of the owner or lessee of an alarm
system or of his/her/its employees or agents or other undetermined causes. Excluded from
this definition is when police find that an unauthorized person is on the premises or was seen
on the premises immediately before the alarm was activated or that there is fresh evidence of
a forceful entry or attempted forceful entry.
(9) The term "Holdup Alarm System" refers to an alarm system signaling a robbery or attempted
robbery.
(10) The term "Manual Holdup Alarm System" refers to an alarm system in which the signal
transmission is initiated by the direct action of the person attacked or by an observer of the
attack.
(11) The term "Police Chief" means the chief of the police department of the city or designated
representative.
(12) The term "Person" means an individual, corporation, partnership, association, organization or
similar entity.
(13) The term "Subscriber" means a person who buys and/or leases, or otherwise obtains an alarm
signaling system and, thereafter, contracts with or hires an alarm business to monitor an/or
service the alarm device.
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(14) The term "Alarm User" means the owner of the property or person in control of the alarm
and/or the subscriber.
(C) ADMINISTRATIVE RULES. The police chief shall promulgate such rules as may be necessary for
the implementation of this ordinance. These rules shall be filed with the City Clerk and shall be
open to inspection by the public.
(D) AUTOMATIC DIALING DEVICES. No person shall interconnect any automatic dialing device to a
police department primary trunk line and no person shall permit such devices to remain
interconnected to such trunk line from any property owned or controlled by that person. Such
devices may be interconnected to a modified central station or an answering service. Relaying
messages so received to the Police Department shall only be done person-to-person, on the
telephone line, designated by the Police Chief.
(1) The alarm user will provide the Police Department with the names and telephone numbers of
at least two other persons who can be reached at any time, day or night, and who are
authorized to respond to an emergency signal transmitted by the automatic alarm device, and
who can open the premises wherein the device is installed. If either of these people cannot be
contacted, or if they refuse to cooperate with police officials, they or the alarm user may be
subject to a forfeiture under the penalty section of this ordinance.
(E) TESTING.
(1) No alarm system designated to transmit emergency messages directly to the Police
Department shall be tested or demonstrated without first notifying the Police Department
dispatcher at least 12 hours advance notice.
(2) No alarm system relayed through intermediate services to the Police Department will be
tested to determine police response without first notifying the police dispatcher at least 12
hours advance notice.
(F) FEE FOR FALSE ALARMS. There is, hereby, imposed a fee for each police response to any false
alarm. The alarm user shall be subject to the fee schedule below.
The Fee Schedule for each premises shall be as follows in any calendar year.
(1) First three false alarms - no charge.
(2) Fourth false alarm - $25.00.
(3) Fifth through tenth false alarm - $50.00.
(4) Eleventh and subsequent false alarm - $100.00.
Excluded from this fee are:
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(1) Alarms that occur during electrical storms, hurricanes, tornados, blizzards and acts of God.
(2) Intermediate disruption of a telephone circuits beyond the control of the alarm company
and/or alarm user
(3) Electrical power disruption or failure.
(4) Alarm caused by failure of equipment at the communications center.
This fee is imposed whether the Police Department received the alarm by direct connection or
through any intermediary, such as an answering service or modified central station. If the Police
Chief is notified in writing of the day of installation of a new alarm system, the fee imposed by this
section shall be waived for a 90-day period beginning with the date of installation.
(G) TERMINATION OF DIRECT CONNECTION. The Police Chief is authorized to require that the
owner or lessee of any alarm system directly connected to the department shall disconnect such
device until it is working in such a manner as will not produce a high frequency of false alarms.
The Police Chief may, after giving notice to the subscriber, order disconnection of the system for
non-cooperation of the subscriber, or for violations of this ordinance.
(H) LIABILITY. The City of Oshkosh shall be under no duty or obligation to a subscriber or to any
other person concerning any provision of this ordinance, including but not limited to, any defects in
an alarm system or any delays in transmission, or response to any alarm except as a proper function
of the law enforcement.
(I) Those subject to fees for false alarms shall be notified, in writing, of such fees by the City of
Oshkosh. Failure to pay the fee within 30 days of invoice shall be grounds for immediate
disconnection from the system and subject the alarm user to the penalties contained within Section
K. In addition to any other methods provided by law, false alarm fees under Section F above, shall
be allocated to the property served as a special charge under Section 66.60(16) of the Wisconsin
Statutes.
(J) Any person feeling aggrieved by a decision of the Police Chief under paragraph G or I above may
appeal from such decision to the City Council within 15 days of written notification by the Police
Chief. The date of written notice shall be the date of mailing or the date of the personal service of
the notice. The appeal shall be filed with the City Clerk upon a form provided by the City Clerk's
Office. The appeal shall be in writing and specify the reasons for the appeal.
The City Council may reverse or affirm wholly or in part, or may modify the decision of the Police
Chief. The vote of the majority of the members of the City Council present shall be necessary to
reverse or modify a decision of the Police Chief.
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ARTICLE VI. PENALTIES
SECTION 17-46 PENALTIES - ADULT
Every adult 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) General Penalty. Any adult 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 Seventy-five Dollars
($75.00) nor more than Five Hundred Dollars ($500.00), together with the costs of prosecution, and
in default of payment thereof by suspension of operator’s license for a period not exceeding 60
months or imprisonment for not exceeding sixty (60) days.
(B) A forfeiture of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00),
together with the costs of prosecution, and in default of payment thereof by suspension of
operator’s license for a period not exceeding 60 months or imprisonment for not exceeding ninety
(90) days for a violation of any of the following:
Section 17-17(B)
(C) A forfeiture of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars
($500.00), together with the costs of prosecution, and in default of payment thereof by suspension of
operator’s license for a period not exceeding 60 months or imprisonment for not exceeding ninety
(90) days for a violation of any of the following:
Section 17-3, 17-1 adopting §941.2965 Wis. Stats., 17-41
(D) A forfeiture of not less than One Hundred Twenty-five Dollars ($125.00) nor more than Five
Hundred Dollars ($500.00), together with the costs of prosecution, and in default of payment
thereof by suspension of operator’s license for a period not exceeding 60 months or imprisonment
for not exceeding one hundred twenty (120) days for a violation of any of the following:
Section 17-11; 17-23; 17-24; 17-25; 17-26; 17-27; 17-37; 17-1 adopting §940.19(1), §941.12,
§941.13, §941.37, §943.01, §943.012, §944.30, §944.31, §944.32, §944.33, §944.34, §944.36,
and §946.41 Wis. Stats.
(E) A forfeiture of not less than One Hundred Twenty-five Dollars ($125.00), except that the minimum
forfeiture for a second or subsequent offense within a twelve month period shall be One Hundred
Seventy-five Dollars ($175.00), nor more than Five Hundred Dollars ($500.00), together with the
costs of prosecution, and in default of payment thereof by suspension of operator’s license for a
period not exceeding 60 months or imprisonment for not exceeding one hundred twenty (120) days
for a violation of any of the following:
Section 17-8; 17-9; 17-1 adopting §943.20, §943.21, §943.215, §943.22, §943.225, §943.34,
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§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, §948.62, and §961.573(1) Wis. Stats.
(F) A forfeiture of not less than Three Hundred Twenty-five Dollars ($325.00) nor more than Five
Hundred Dollars ($500.00), and for a second or subsequent offense, the forfeiture shall be not less
than Five Hundred Twenty-five Dollars ($525.00) nor more than One Thousand dollars ($1000.00),
together with the costs of prosecution, and in default of payment thereof by suspension of
operator’s license for a period not exceeding 60 months or imprisonment for not exceeding six (6)
months for a violation of any of the following:
Section 17-1 adopting §941.315 Wis. Stats.
Section 17-1.2
(G) Any person who shall violate any of the provisions of the following Section shall upon conviction
be punished by a forfeiture of not less than Seventy-five Dollars ($75.00) for the first offense, One
Hundred Twenty-five Dollars ($125.00) for a second offense within 12 months of conviction or Two
Hundred Twenty-five Dollars ($225.00) for a third or subsequent offense within 12 months of
conviction, nor more than Five Hundred Dollars ($500.00), together with the costs of prosecution,
and in default of payment thereof, by suspension of operator’s license for a period not exceeding 60
months or imprisonment in the County Jail for a period not to exceed sixty (60) days. Each day of
violation shall constitute a separate and distinct offense.
Section 17-31, 17-32, 17-33, 17-34, 17-35, 17-36
(H) A forfeiture of not less than One Hundred Twenty-five Dollars ($125.00) nor more than Five
Hundred Dollars ($500.00) for a first violation, and a forfeiture of not less than Five Hundred
Twenty-five Dollars ($525.00) nor more than One Thousand Dollars ($1,000.00) for a second
violation within a twelve month period, and a forfeiture of not less than One Thousand Twenty-five
Dollars ($1,025.00) for a third or subsequent violation within a twelve month period, together with
the costs of prosecution, and in default of payment thereof, by suspension of operator’s license for a
period not exceeding 60 months or imprisonment in the County Jail for a period not to exceed one
hundred twenty (120) days for violation of any of the following:
Section 17-2
(I) A forfeiture of not less than One Hundred Seventy-five Dollars ($175.00) nor more than Five
Hundred Dollars ($500.00), together with the costs of prosecution, and in default of payment
thereof by suspension of operator’s license for a period not exceeding 60 months or imprisonment
for not exceeding one hundred twenty (120) days for a violation of any of the following:
Section 17-1 adopting §940.225(3m), §948.09 and §948.11 Wis. Stats.
(J) A forfeiture of not less than Seventy-five Dollars ($75.00) nor more than Five Hundred Dollars
($500.00) for a first violation, and a forfeiture of not less than One Hundred Dollars ($100.00) for a
second violation within a twelve month period, and a forfeiture of not less than One Hundred
Twenty-five Dollars ($125.00) for a third violation within a twelve month period, and a forfeiture of
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not less than One Hundred Seventy-five Dollars ($175.00) nor more than Five Hundred Dollars
($500.00) for a fourth or subsequent violation within a twelve month period, together with the costs
of prosecution, and in default of payment thereof, by suspension of operator’s license for a period
not exceeding 60 months or imprisonment in the County Jail for a period not to exceed one
hundred twenty (120) days for violation of any of the following:
Section 17-17(D)
(K) A forfeiture of not less than seventy-five dollars ($75.00), together with the costs of prosecution for a
violation of the following:
Section 17-1 adopting §961.41(3g) Wis. Stats.
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.
City of Oshkosh Municipal Code
Revised 07/09/24
City of Oshkosh Chapter 17 – Page 50 Municipal Codes
(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 17-17; 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