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HomeMy WebLinkAbout02-84.docFEBRUARY 26, 2002 FIRST READING MARCH 12, 2002 SECOND READING 02-75 02-84 ORDINANCE (CARRIED 6-1 LOST LAID OVER WITHDRAWN ) PURPOSE: ESTABLISH CITY BOAT LAUNCH USER FEES INITIATED BY: PARKS DEPARTMENT A GENERAL ORDINANCE OF THE CITY OF OSHKOSH CREATING SECTION 19-7.1 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO ESTABLISHMENT AND REGULATION OF CITY BOAT LAUNCH USER FEES WHEREAS, there is a need and desire to make improvements to City of Oshkosh water-based facilities; and WHEREAS, there is a need to generate dollars for continual maintenance and operations of water-based facilities; and WHEREAS, the user fee collected from those persons utilizing boat launch facilities will be specifically designated for such improvements, maintenance and operations. The Common Council of the City of Oshkosh does ordain as follows: SECTION 1. That Section 19-7.1 of the Oshkosh Municipal Code pertaining to the establishment and regulation of city boat launch user fees is hereby created to read as follows: SECTION 19-7.1 BOAT LAUNCH USER FEES No person shall use any City owned or operated boat launch facility for launching purposes without an annual, multi-year or daily launching permit. The annual permit shall be valid from March 1 of the year of issuance to February 28 of the next year. Multi-year permits shall be valid for three (3) years from March of the year of issuance. The daily permit shall only be valid during the day of purchase. Annual and Multi-year permits shall be sold through the Finance Department and/or other outlets as designated by the Director of Finance. Daily permits will be sold through "self" registration at each boat launch site. Boat launch sites include: 24th Avenue boat launch, Fugleburg boat launch, Menominee Park boat launches, Mill Street boat launch, Rainbow Park boat launch, and Steiger Park boat launch. FEBRUARY 26, 2002 FIRST READING MARCH 12, 2002 SECOND READING 02-75 02-84 ORDINANCE CONT'D Fees: The annual launching permit fee shall be $15 for residents, and $20 for non- residents. The multi-year (3 year) launching permit fee shall be $40 for residents, and $55 for non-residents. "Resident" for the purposes of this section of the ordinances shall mean 1) a resident of the City of Oshkosh; or 2) a resident of Winnebago County if Winnebago County adopts a reciprocal boat launch fee recognizing City of Oshkosh permit users. A second permit 3urchased at the same time or an annual-replacement sticker shall cost $5. The daily launching permit fee shall be $3. All annual stickers shall be prominently placed and displayed on the left side of the trailer tongue. In the event no trailer is used, the launch sticker shall be prominently displayed on the back left bumper of the vehicle used to transport the craft launched at the launching site. The daily launching permit shall be prominently displayed on the interior of driver's side window of the vehicle used to transport the boat to the launching area. Vehicles with boat trailers or other vehicles used to transport craft launched at any City owned or operated boat launch facility shall have affixed an annual, multi-year or daily launching permit when parking in the following areas: a) 24th Avenue Boat Launch parking area b) Fugleburg Boat Launch 1) parking area 2) both sides of Fugleberg Trail from South Main Street to Doty Street 3) the east side of Doty Street adjacent to Fugleburg Park c) Mill Street Boat Launch 1) both sides of Mill Street from its termini at the Fox River to Poplar Avenue 2) both sides of Bay Shore Drive from Bay Street to Bowen Street d) Menominee Park 1) all parking areas within Menominee Park 2) both sides of Hazel Street from Merritt Ave. to New York Ave. e) Rainbow Park 1) all parking areas within Rainbow Park 2) both sides of Veteran's Trail from the boat launch site to Punhoqua Street 3) both sides of Rainbow Drive from Oshkosh Avenue to Punhoqua Street 4) both sides of Graham Avenue from Rainbow Drive to Fox Street FEBRUARY 26, 2002 FIRST READING MARCH 12, 2002 SECOND READING 02-75 02-84 ORDINANCE CONT'D f) William M. Steiger Park 1) The boat launch parking area is shared with Steiger Park and Senior Center users. Boat launch parking will be allowed only in designated vehicle/trailer parking areas. 2) the Steiger Park parking lot 3) the Fox Valley Technical College parking area 4) the Senior Center Annex parking area 4. Authorize "Traffic Officers" For purposes of enforcing this section of the Oshkosh Municipal Code, 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 section. 5. 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 section 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. F. 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: (a) identification of the location of the vehicle parking in violation of the provisions of this section (b) the license number and state of licensing of the vehicle. (c) the time at which such vehicle is parking in violation of the provisions of this chapter. (d) any other facts, a knowledge of which is necessary to a thorough understanding of the circumstances attending to the violation. FEBRUARY 26, 2002 MARCH 12, 2002 02-75 02-84 FIRST READING SECOND READING ORDINANCE CONT'D G. Basic Penalty for Violation The basic penalty for violation of this section shall be ten dollars ($10.00). H. 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. I. 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. J. Alternate Procedure 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. 11. 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. SECTION 2. This ordinance shall be in full force and effect from and after its passage and publication.