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HomeMy WebLinkAbout21. 21-364JUNE 22, 2021 JULY 13, 2021 21-344 21-364 ORDINANCE FIRST READING SECOND READING (CARRIED___7-0___ LOST_______ LAID OVER_______ WITHDRAWN_______) PURPOSE: AMEND ORDINANCES PERTAINING TO ENFORCEMENT OF PARKING RESTRICTIONS WITHIN PARKS AND BOAT LAUNCHES INITIATED BY: FINANCE DEPARTMENT A GENERAL ORDINANCE OF THE CITY OF OSHKOSH REPEALING AND RECREATING SECTION 19-7.2 OF THE CITY OF OSHKOSH MUNICIPAL CODE PERTAINING TO ENFORCEMENT OF PARKING RESTRICTIONS WITHIN PARKS AND BOAT LAUNCHES WHEREAS, the City Council previously approved revisions to the City Municipal Code pertaining to the Enforcement of Parking Restrictions to allow the City to update its current practices and to clarify language within the existing city ordinances; and WHEREAS, the Department of Finance recommends similar changes pertaining to the enforcement of parking restrictions within parks and near boat launches to update and clarify the code provisions and to increase the efficiency of the Parks and Finance Departments processing such violations. NOW, THEREFORE, the Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Section 19-7.2 of the City of Oshkosh Municipal Code pertaining to Enforcement of Parking Restrictions within Parks and Boat Launches is hereby repealed and recreated as shown on the attachment to this ordinance. SECTION 2. This ordinance shall be in full force and effect from and after its passage, and publication. JUNE 22, 2021 JULY 13, 2021 21-344 21-364 ORDINANCE FIRST READING SECOND READING CONT’D SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #21-364 AMEND ORDINANCES PERTAINING TO ENFORCEMENT OF PARKING RESTRICTIONS WITHIN PARKS AND BOAT LAUNCHES (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH REPEALING AND RECREATING SECTION 19-7.2 OF THE CITY OF OSHKOSH MUNICIPAL CODE PERTAINING TO ENFORCEMENT OF PARKING RESTRICTIONS WITHIN PARKS AND BOAT LAUNCHES) on July 13, 2021. The ordinance revises the City’s current ordinances to update provisions of the City Municipal Code pertaining to the Enforcement of Parking Restrictions within Parks and Boat Launches to allow the City to update its current practices and to clarify language within the existing city ordinances and to make enforcement of parking tickets within parks and boat launches consistent with the enforcement of other parking violations within the City. The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City’s website at www.ci.oshkosh.wi.us. Clerk’s phone: 920/236-5011. Finance Department City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5005 http://www.ci.oshkosh.wi.us TO: Honorable Mayor and Members of the Common Council FROM: Jennifer Messerschmidt, Assistant Finance Director DATE: June 17, 2021 RE: Amend Ordinances Pertaining to Enforcement of Parking Restrictions within Parks and Boat Launches BACKGROUND The City Council previously approved revisions to the City Municipal Code Chapter 27, Vehicles and Traffic, Section 52-56, pertaining to the Enforcement of Parking Restrictions to allow the City to update its current practices and to clarify language within the existing city ordinances. ANALYSIS The Finance Department recommends similar changes pertaining to the enforcement of parking restrictions within parks and near boat launches to update and clarify the code provisions and to increase the efficiency of the Parks and Finance Departments processing such violations. FISCAL IMPACT There is no fiscal impact. RECOMMENDATION Staff recommends adoption of the above noted resolution. Respectfully Submitted, Approved: Jennifer L. Messerschmidt Mark A. Rohloff Assistant Finance Director City Manager CHAPTER 19 PARKS AND RECREATION SECTION 19-7.2 ENFORCEMENT OF PARKING RESTRICTIONS WITHIN PARKS AND BOAT LAUNCHES (A) Authorize “Traffic Officers” For purposes of enforcing the provisions of this Chapter of the Oshkosh Municipal Code, regulating parking of vehicles within or adjacent to parks and boat launch facilities, employees of the City of Oshkosh Parks Department are hereby designated as “Traffic Officers” within the meaning of Sections 340.01(70) and 349.13 of the Wisconsin Statutes and are hereby authorized to issue citations for non-moving violations of this chapter. (B) Responsibility of Owner If any vehicle with a boat trailer is found upon any street, alley, highway, park or other public grounds of the City in violation of this chapter of the Oshkosh Municipal Code and the identity of the driver cannot readily be determined, the owner or person in whose name such vehicle is registered, shall be held prima facie responsible for such violation. (C) Enforcement of Parking Restrictions Traffic officers observing violations of the parking restrictions specified within this chapter may issue parking tickets which shall be attached to the vehicle parked in violation. Each parking ticket shall specify: (1) The location of the vehicle parking in violation of the provisions of this chapter. (2) The license plate number, state of licensing, and make of the vehicle. (3) The time at which such vehicle is parking in violation of the provisions of this chapter. (4) Any other facts the traffic officer deem appropriate. (D) Basic Penalty for Violation The basic penalty for violation of this section shall be fifteen dollars ($15.00). (E) Payment of Violations; Time Limits; Failure to Pay Each owner or operator shall pay to the City as a penalty the basic penalty established for the violation as enumerated in section 19-7.2D. Failure to make payment of the penalty, or to appeal or contest the ticket within ten (10) days of the issuance of the ticket, shall result in the issuance of a written notice of violation. With the issuance of the written notice of violation, a fifteen dollar ($15.00) administrative fee shall be assessed to the basic penalty amount. Failure to make payment of the basic penalty and administrative fees as assessed, or to contest the ticket within thirty (30) days of the issuance of the ticket, shall result in suspension of the vehicle registration and the assessment of an additional administrative fee of twenty dollars for a total administrative fee of thirty five dollars ($35.00) added to the original basic penalty amount. The time within which payment shall be made in this section shall be computed by excluding the day of issuance of the parking ticket and including the last day of the specified time period. (F) Non-moving Violations Registration Program In addition to all other methods of collecting parking fines provided for in this Section, the proper City officials are hereby authorized and directed to use the procedures provided for in Section 345.28 of the Wisconsin Statutes and to take all actions authorized under said Section with regard to suspension of the registration of motor vehicles with unpaid citations. (G) Procedure for Contesting Parking Tickets (1) Timing of Appeals. Administrative Appeals must be taken within 30 days of the date of issuance of the ticket. Appeals to the Circuit Court must be taken with 30 days of the date of issuance of the ticket, or within 10 days of an Administrative Appeal decision. (2) Administrative Appeals. The City of Oshkosh elects not to be bound by the provisions of Chapter 68 of the Wisconsin Statutes pertaining to appeals under this Article and has adopted a Policy for Appeals from Parking Tickets. Such Policy shall be kept on file in the offices of the Police Department and Parking Utility and shall be published upon the City Website. A person who has been issued a parking ticket for violation of this article may appeal such ticket by completing an appeal form and submitting such form according to the Policy. (3) Appeals to Circuit Court. In lieu of an Administrative Appeal, or after an Administrative Appeal has been denied, a person who has been issued a parking ticket for violation of this article may request a hearing regarding such violation. The person shall be issued a summons and citation and such proceedings shall thereafter be governed by §345.34 to 345.47 Wis. Stats. (4) Effect of Appeal/Payment Time Limits. a. If an owner or operator of a vehicle receiving a parking ticket makes an appeal of the ticket, either administratively or to the circuit court, such appeal shall have the effect of staying the time limits within which payment shall be made as specified in section 27-54 above. b. If upon appeal, the reviewing body determines the ticket is void, then all associated penalties and administrative charges shall also be voided and shall no longer be owed. (H) Use of Launch Fee Revenue The net revenue resulting from the sale and enforcement of Launch Fee Permits, after the deduction of the cost of collection, enforcement, administration and operation shall be used to establish, maintain and improve boat launch facilities within the City of Oshkosh. CHAPTER 19 PARKS AND RECREATION SECTION 19-7.2 ENFORCEMENT OF PARKING RESTRICTIONS WITHIN PARKS AND BOAT LAUNCHES (A) Authorize “Traffic Officers” For purposes of enforcing the provisions of this Chapter of the Oshkosh Municipal Code, regulating parking of vehicles within or adjacent to parks and boat launch facilities, employees of the City of Oshkosh Parks Department are hereby designated as “Traffic Officers” within the meaning of Sections 340.01(70) and 349.13 of the Wisconsin Statutes and are hereby authorized to issue citations for non-moving violations of this chapter. (B) Responsibility of Owner If any vehicle with a boat trailer is found upon any street, alley, highway, park or other public grounds of the City in violation of this chapter of the Oshkosh Municipal Code and the identity of the driver cannot readily be determined, the owner or person in whose name such vehicle is registered, shall be held prima facie responsible for such violation. (C) Enforcement of Parking Restrictions Traffic officers observing violations of the parking restrictions specified within this chapter may issue parking tickets which shall be attached to the vehicle parked in violation. Each parking ticket shall specify: (1) (a) identification of the location of the vehicle parking in violation of the provisions of this section 1. The location of the vehicle parking in violation of the provisions of this chapter. (1)(2) (b) the license number and state of licensing of the vehicle. 2. The license plate number, state of licensing, and make of the vehicle. (3) (c) the time at which such vehicle is parking in violation of the provisions of this chapter. 3. The time at which such vehicle is parking in violation of the provisions of this chapter. (4) (d) any other facts, a knowledge of which is necessary to a thorough understanding of the circumstances attending to the violation. 4. Any other facts the traffic officer deem appropriate. (D) Basic Penalty for Violation The basic penalty for violation of this section shall be fifteen dollars ($15.00). (E) Payment of Violations; Time Limits; Failure to Pay Each owner or operator shall, within 120 hours after 4:00 p.m. of the day of the following enumerated violations, pay to the City as a penalty for and in full satisfaction of such violation, the basic penalty as enumerated within this section. Each such owner or operator shall, after said 120 hour period, pay an additional penalty of Three Dollars ($3.00). However, if the penalty is not paid within 15 days after 4:00 p.m. of the day of the violation, each such owner or operator shall then pay an additional penalty of Thirteen Dollars ($13.00); except that if the penalty is not paid within forty-five (45) days after 4:00 p.m. of the day of the violation, each such owner or operator shall pay a penalty of Twenty-three Dollars ($23.00). The failure of such owner or operator to make such payment shall render such owner or operator subject to the penalties hereinafter provided for violation of the provisions of this section. Each day of violation shall constitute a separate offense. Each owner or operator shall pay to the City as a penalty the basic penalty established for the violation as enumerated in section 19-7.2D. Failure to make payment of the penalty, or to appeal or contest the ticket within ten (10) days of the issuance of the ticket, shall result in the issuance of a written notice of violation. With the issuance of the written notice of violation, a fifteen dollar ($15.00) administrative fee shall be assessed to the basic penalty amount. Failure to make payment of the basic penalty and administrative fees as assessed, or to contest the ticket within thirty (30) days of the issuance of the ticket, shall result in suspension of the vehicle registration and the assessment of an additional administrative fee of twenty dollars for a total administrative fee of thirty five dollars ($35.00) added to the original basic penalty amount. The time within which payment shall be made in this section shall be computed by excluding the day of issuance of the parking ticket and including the last day of the specified time period. (F) Non-moving Violations Registration Program In addition to all other methods of collecting parking fines provided for in this Section, the proper City officials are hereby authorized and directed to use the procedures provided for in Section 345.28 of the Wisconsin Statutes and to take all actions authorized under said Section with regard to suspension of the registration of motor vehicles with unpaid citations. (G) Alternate Procedure Procedure for Contesting Parking Tickets In lieu of the foregoing provisions, a person who has been issued a parking ticket for violation of this section may request a hearing regarding such violation. The person shall be issued a summons and citation and such proceedings shall thereafter be governed by §§345.34 to 345.47 Wis. Stats. (1) A. Timing of Appeals. Administrative Appeals must be taken within 30 days of the date of issuance of the ticket. Appeals to the Circuit Court must be taken with 30 days of the date of issuance of the ticket, or within 10 days of an Administrative Appeal decision. (2) B. Administrative Appeals. The City of Oshkosh elects not to be bound by the provisions of Chapter 68 of the Wisconsin Statutes pertaining to appeals under this Article and has adopted a Policy for Appeals from Parking Tickets. Such Policy shall be kept on file in the offices of the Police Department and Parking Utility and shall be published upon the City Website. A person who has been issued a parking ticket for violation of this article may appeal such ticket by completing an appeal form and submitting such form according to the Policy. (3) C. Appeals to Circuit Court. In lieu of an Administrative Appeal, or after an Administrative Appeal has been denied, a person who has been issued a parking ticket for violation of this article may request a hearing regarding such violation. The person shall be issued a summons and citation and such proceedings shall thereafter be governed by §345.34 to 345.47 Wis. Stats. (4) D. Effect of Appeal/Payment Time Limits. a. 1. If an owner or operator of a vehicle receiving a parking ticket makes an appeal of the ticket, either administratively or to the circuit court, such appeal shall have the effect of staying the time limits within which payment shall be made as specified in section 27-54 above. a.b. 2. If upon appeal, the reviewing body determines the ticket is void, then all associated penalties and administrative charges shall also be voided and shall no longer be owed. (H) Use of Launch Fee Revenue The net revenue resulting from the sale and enforcement of Launch Fee Permits, after the deduction of the cost of collection, enforcement, administration and operation shall be used to establish, maintain and improve boat launch facilities within the City of Oshkosh.