HomeMy WebLinkAboutAGENDApacket__02-13-24
OSH KO SH C OMMO N C O UN C I L A GEN DA
C O UN C IL C H A MB ER S, C ITY H ALL
OSH KO SH , W I SC ON SI N
Fe bruary 13, 2024
If anyone requires reasonable ADA accommodations, please contact the office of the City Manager at
citymgr@oshkoshwi.gov, or phone 920-236-5002.
To send wr itten corr espondence to the Council, mail it to the City Manager , place it in the City Hall Dropbox, or email it
to council@oshkoshwi.gov (prior to the Council meeting).
A.CLOSED SESSION (5:00 PM, Room 404, City Hall): The Common Council may convene
into Closed Session to discuss bargaining options, strategy, parameters, and terms
related to the negotiation of a development agreement with Aligned Medical
Oshkosh for ThedaCare/Froedtert project pursuant to Section 19.85(1)(e) of the
Wisconsin State Statutes where competitive bargaining reasons require a closed
session.
B.CALL TO ORDER (6:00 PM)
C.ROLL CALL
D.INVOCATION - VOTING FIRST: Council Member Esslinger
Invocation #2
E.PLEDGE OF ALLEGIANCE: Trinity Lutheran School
F.CITIZEN STATEMENTS TO COUNCIL
(Citizens are to address the Council only. Statements are limited to five (5) minutes;
they must address items that are not listed on the Council meeting agenda, are
limited to issues that have an impact on the City of Oshkosh and the Common
Council may address at a future meeting, and must not include endorsements of
any candidates or other electioneering.) If you require more time please inform the
Mayor at the beginning of your presentation.
G.CONSENT AGENDA ITEMS
(Consent Agenda items are those items of a routine administrative nature that are
voted on by the Council in a single roll call vote. Staff recommends approval of all
items. Any member of the public or Common Council may request that an item be
removed from the Consent Agenda for discussion.)
1.Report of Bills and Payroll by the Finance Director
2.Receipt & Filing of Minutes - Common Council Regular Meeting, 01.23.24
3.Receipt & Filing of Minutes - Library Board, 12.21.23
4.Receipt & Filing of Claim Filed with the City's Insurance Company - City of Oshkosh
5.Res 24-50 Disallowance of Claim by Robert Wilcox
6.Res 24-51 Approve Amendment to 2024 Operating Budget to Provide Funding for Limited Term
Employee (LTE) Services in the Legal Department ($8,000.00)
7.Res 24-52 Approve Granting an Easement to Wisconsin Public Service (WPS) for Mill on Main,
LLC Development (Redevelopment Authority Recommends Approval)
8.Res 24-53 Approve Conditional Use Permit for a Personal Storage Facility Located at 1990
Walter Court (Plan Commission Recommends Approval)
9.Res 24-54 Approve Professional Services Agreement with Jacobs Engineering Group, Inc. for
2024 Water Utility Technical Services ($213,770)
10.Res 24-55 Approve Professional Services Agreement with Jacobs Engineering Group for 2024
Wastewater Utility Technical Services ($282,840)
11.Res 24-56 Approve CIP Amendment and Amendment No. 1 to Professional
Services Agreement with Donohue & Associates, Inc. for Wastewater Treatment Plant
Lifting Systems Improvements (+$49,707)
12.Res 24-57 Award Bid for Public Works Contract No. 24-08 to O&J Coatings, Inc. for Fernau
Water Tower Painting and Mixing ($986,000)
13.Res 24-58 Award Bid for Public Works Contract No. 24-07 to Dorner, Inc. for Cherry Street
Reconstruction and Prospect Avenue Water Main Construction ($5,282,786.69)
14.Res 24-59 Award Bid to H&H Sales Company Inc. for Stainless Steel Flatbed Body for the Streets
Division ($12,900.00)
15.Res 24-60 Approve Purchase of Three-Year Endpoint Security Services (ESS) Agreement from
Center for Internet Security (CIS) for IT Division ($91,206.00)
16.Res 24-61 Approve Cooperative Purchase of Cardiac Monitors from Zoll Medical Corporation
for Fire Department ($1,112,929.46)
17.Res 24-62 Approve Inter-Agency Agreement for Automatic Aid with the Town of Algoma to
Provide Assistance for Structure Fires
18.Res 24-63 Approve Amendment to 2024 Operating Budget Fire Department for Fall Prevention
Program
19.Res 24-64 Rescind or Refund Real Estate and Personal Property Taxes
20.Res 24-65 Authorize Application for the League of Wisconsin Municipalities Mutual Insurance
2023/2024 Safety Grant Equipment Program for the Police Department
21.Res 24-66 Approve Special Event - Dublin's Irish Pub to Host a St. Patty's Celebration in Dublin's
Parking Lot (2070 W 9th Ave.), March 16, 2024
22.Res 24-67 Approve Agent Change - SOS Brothers
23.Res 24-68 Approve Combination "Class A" Beer/Liquor License Surrender and Approve
Issuance of Combination "Class A" Beer/Liquor License - Liberty Square Gas Station
24.Res 24-69 Approve Special Class "B" Licenses
25.Res 24-70 Approve Appointment to Advisory Park Board
H.ITEMS REMOVED FROM CONSENT AGENDA
I.PENDING ORDINANCE
26.Ord 24-71 Amend Section 27A-11 of the Municipal Code Pertaining to Parking Regulations on
Designated Streets and Alleys (Congress Avenue) (Transportation Committee
Recommends Approval)
27.Ord 24-72 Amend Section 27A-11 of the Municipal Code Pertaining to Parking Regulations on
Designated Streets and Alleys (Punhoqua Street) (Transportation Committee
Recommends Approval)
28.Ord 24-73 Amend Section 27A-2 of the Municipal Code Pertaining to Prohibited Right Turns at
the Intersection of North Main St, Harrison Street, and New York Avenue
(Transportation Committee Recommends Approval)
J.NEW ORDINANCES (NOTE: It is anticipated that there will be no formal action taken
at this meeting on items marked with an asterisk (*) unless Council formally waives
the rules.)
29.*Ord 24-74 Rename, Recodify, and Amend the Following Chapters and Provisions of the City of
Oshkosh Municipal Code:
Chapter 3 -- Currently "Advertising" to "Finance";
Chapter 5 -- Currently "Amusements" to "Special Events";
Chapter 8 -- Currently "In General" to "Permits and Licenses";
Chapter 12 -- Currently "Finance" to "Property and Purchasing";
Section 17-12 -- Currently "Advertisements on Private Property without Owner's
Consent Prohibited" to "Notices, Advertisements and Bill Posting"; and
Move the provisions in the current Chapter 18 to new Chapter 8 and Repeal
Chapter 18 -- Currently "Licenses"
30.*Ord 24-75 Amend Definition of Overtime Parking and Basic Penalties for Violation of Parking
Provisions
31.*Ord 24-76 Amend Section 27-36 and Appendix 27B Regarding Designation of Parking Spaces in
Downtown Municipal Parking Lots (Transportation Committee Recommends
Approval)
32.*Ord 24-77 Approve Changes to Chapter 3 of the City of Oshkosh Municipal Code to Create a
Vehicle Registration Fee
33.*Ord 24-78 Approve Zone Change from Urban Mixed Use District with a Planned Development
Overlay (UMU-PD) to Institutional District (I) for the Property Located at 240 Algoma
Boulevard (Plan Commission Recommends Approval)
K.NEW RESOLUTIONS
34.Res 24-79 Appropriate ARPA Funds for 2024 Projects in Lieu of Issuing Debt
L.COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS
35.Council Discussion and Direction to Staff
Council Discussion Regarding Mayor Selection Process (Mugerauer)
36.Future Workshops
Strategic Planning Session, March 4th, 2024, 8:00 AM - 4:30 PM at Lakeshore Park's
Four-Seasons Building
M.COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS
N.CITY MANAGER ANNOUNCEMENTS & STATEMENTS
37.Rise Leadership: Employee Coaching & Staff Development ($25,000.00)
38.Professional Services Agreement with Jacobs Engineering Group, Inc. for Wastewater
Treatment Plant Secondary Clarifiers No. 2 and No. 4 Improvements Engineering
Services ($38,900)
39.Outstanding Issues
O.ADJOURN
TO :T O :Honorable Mayor and Members of the Common Council
FRO M :FRO M :Russ Van Gompel, Director of Finance
D A TE :D A T E :February 13, 2024
SUB JEC T:SUB JEC T :Report of Bills and Payroll by the Finance Director
B A C KGRO UN DBACKGROUND
The items below are being presented for approval by the Council. These items have been properly
audited and certified to by the City Comptroller and are herewith submitted for your allowance in the
amount of $27,111,514.50.
Bills paid January 19, January 26, and
February 2, 2024 $9,815,117.43
Payroll paid February 02, 2024 $1,129,346.31
Regular cycle payables paid throughout the
month of December 2023 $15,181,794.13
Regular UMR payables paid throughout the
month of January 2024 $985,256.63
A t t a chment sAttachments
01192024 Checkrun
01262024 Checkrun
02022024 Checkrun
December 2023 Vouchers
January 2024 UMR
CHECK NUMBER CHECK DATE VENDOR NAME AMOUNT
9044 01/19/2024 AECOM INC 20,029.00
9045 01/19/2024 AIRGAS USA LLC 3,186.77
9046 01/19/2024 ALRO STEEL CORPORATION 2,472.88
9047 01/19/2024 APPLETON SIGN COMPANY 202.23
9048 01/19/2024 BADGER LAB & ENGINEERNG CO INC 8,071.00
9049 01/19/2024 BROOKS TRACTOR INC 2,653.26
9050 01/19/2024 CARRICO AQUATIC RESOURCES INC 868.96
9051 01/19/2024 CENTURYLINK 36.56
9052 01/19/2024 CINTAS CORPORATION NO 2 687.82
9053 01/19/2024 CONSTELLATION ENERGY SERVICES 12,652.08
9054 01/19/2024 CORE AND MAIN LP 94,674.00
9055 01/19/2024 ENVIROTECH EQUIPMENT 832.20
9056 01/19/2024 FIRE APPARATUS & EQUIPMENT INC 5,668.10
9057 01/19/2024 FIRELINE SPRINKLER CORPORATION 970.00
9058 01/19/2024 GALLAGHER BENEFIT SERVICES INC 6,000.00
9059 01/19/2024 GARROW OIL CORP 20,145.21
9060 01/19/2024 GUENTHER SUPPLY INC 189.33
9061 01/19/2024 JACOBS ENGINEERING GROUP INC 21,431.40
9062 01/19/2024 JEFFERSON FIRE & SAFETY 520.09
9063 01/19/2024 JFTCO INC 1,484.24
9064 01/19/2024 JOHN ZARATE 22.78
9065 01/19/2024 KEMIRA WATER SOLUTIONS INC 10,957.53
9066 01/19/2024 L AND S TRUCK CENTER OF APPLETON INC 5,576.76
9067 01/19/2024 LEAGUE OF WISCONSIN MUNICIPALITIES MUTUAL INS 13,720.67
9068 01/19/2024 MACQUEEN EQUIPMENT GROUP 4,676.58
9069 01/19/2024 MECHANICAL TECHNOLOGIES INC 2,947.00
9070 01/19/2024 OSHKOSH CONVENTION AND VISITORS BUREAU INC 69,921.59
9071 01/19/2024 PLYMOUTH LUBRICANTS 1,140.90
9072 01/19/2024 PREMISE HEALTH EMPLOYER SOLUTIONS LLC 33,050.55
9073 01/19/2024 PROFESSIONAL SVC INDUSTRIES 4,061.88
9074 01/19/2024 QUALITY TRUCK CARE CENTER INC 685.25
9075 01/19/2024 RNOW INC 5,411.19
9076 01/19/2024 SERVICEMASTER BLDG MAINTENANCE 1,080.00
9077 01/19/2024 STRAND ASSOCIATES INC 111,639.54
9078 01/19/2024 MCCLONE 228,249.00
9079 01/19/2024 TYLER TECHNOLOGIES INC 15,867.70
9080 01/19/2024 VANGUARD COMPUTERS INC 11,512.00
9081 01/19/2024 VINTON CONSTRUCTION INC 1,095,465.58
9082 01/19/2024 VINTON CONSTRUCTION INC 74,879.89
9083 01/19/2024 VINTON CONSTRUCTION INC 324,033.54
9084 01/19/2024 VORPAHL INC 8,421.76
9085 01/19/2024 WI PUBLIC SERVICE CORP 136,715.10
9086 01/19/2024 WINNEBAGO COUNTY TREASURER 73,012.12
9087 01/19/2024 WOOD SEWER & EXCAVATING INC 33,528.47
5000448 01/19/2024 AT & T 362.36
5000449 01/19/2024 BOYS & GIRLS CLUB OF OSHKOSH INC 1,600,000.00
5000450 01/19/2024 CHEE VANG 32.20
5000451 01/19/2024 CHRISTINE ANN DOMESTIC ABUSE SERVICES INC 350,000.00
5000452 01/19/2024 CITY OF FITCHBURG 50.00
5000453 01/19/2024 CITY OF OSHKOSH 400.00
5000454 01/19/2024 COMMON SCHOOL FUND 1,680.50
5000455 01/19/2024 CRITICAL MENTION INC 5,750.00
5000456 01/19/2024 DEAN M SMITH 116.98
5000457 01/19/2024 DIGGERS HOTLINE INC 530.95
5000458 01/19/2024 EAGLE FLIGHT BUSINESS FORMS 513.04
5000459 01/19/2024 E C W P I A 50.00
5000460 01/19/2024 FOX VALLEY IRON METAL AND AUTO SALVAGE INC 60.00
5000461 01/19/2024 GANNETT WISCONSIN LOCALIQ 1,662.85
5000462 01/19/2024 GEE FUNNY FARM 400.00
5000463 01/19/2024 GRAEF USA INC 123.00
5000464 01/19/2024 HEALTH CONSERVATION INC 189.45
5000465 01/19/2024 HENRY SCHEIN INC 1,061.20
5000466 01/19/2024 A. KALMERTON WELDING SUPPLIES 250.25
5000467 01/19/2024 JAMES OR MARY KERR 37.27
5000468 01/19/2024 FOX WOLF WATERSHED ALLIANCE INC 3,865.00
5000469 01/19/2024 NORTHEAST WATER PROFESSIONALS ASSOCIATION 120.00
5000470 01/19/2024 NORTHERN MANAGEMENT LLC 111.93
5000471 01/19/2024 BENEFITS ASSOCIATION 316 3,276.00
5000472 01/19/2024 CITY OF OSHKOSH 1,575.00
5000473 01/19/2024 PASCARELLAS AUTO SALES INC 12,120.00
5000474 01/19/2024 PERSONNEL EVALUATION INC 100.00
5000475 01/19/2024 POMP'S TIRE SERVICES INC 1,451.68
5000476 01/19/2024 PREMIER REAL ESTATE MANAGEMENT LLC 200.00
5000477 01/19/2024 PUBLIC SERVICE COMMISSION OF WI 1,249.30
5000478 01/19/2024 RIESTERER & SCHNELL INC 271.96
5000479 01/19/2024 SCOTT AVENUE PROPERTIES LLC 36.86
5000480 01/19/2024 THE HOME DEPOT PRO 24.75
5000481 01/19/2024 THOMAS KOPCZYK 8.99
5000482 01/19/2024 TITAN PROPERTY MANAGEMENT LLC 542.90
5000483 01/19/2024 UNITED PARCEL SERVICE 103.04
5000484 01/19/2024 US BANK TRUST 1,500.00
5000485 01/19/2024 WI CONCRETE PAVEMENT ASSOC 700.00
5000486 01/19/2024 WI EMERGENCY MANAGEMENT 1,660.00
5000487 01/19/2024 WI RURAL WATER ASSOCIATION 440.00
5000488 01/19/2024 WINNECONNE COMMUNITY SCHOOL DISTRICT 15.23
4,461,995.20
CHECK NUMBER CHECK DATE VENDOR NAME AMOUNT
9088 01/26/2024 ADAM KRAUSE 28.61
9089 01/26/2024 ADVANCED ASBESTOS REMOVAL INC 3,595.00
9090 01/26/2024 AIRGAS USA LLC 495.00
9091 01/26/2024 AURORA HEALTH CARE 1,295.00
9092 01/26/2024 BELSON CO 5,066.60
9093 01/26/2024 CENTURYLINK 36.56
9094 01/26/2024 CINTAS CORPORATION NO 2 799.88
9095 01/26/2024 CINTAS FIRE 636525 1,432.37
9096 01/26/2024 CLAREY'S SAFETY EQUIPMENT 2,137.86
9097 01/26/2024 CONSTELLATION ENERGY SERVICES 8,267.46
9098 01/26/2024 CORE AND MAIN LP 35,117.85
9099 01/26/2024 IMAGE 360 INC 14.95
9100 01/26/2024 DALE MARTIN 345.00
9101 01/26/2024 EMMONS BUSINESS INTERIORS 2,507.47
9102 01/26/2024 FIRE APPARATUS & EQUIPMENT INC 367.92
9103 01/26/2024 GARROW OIL CORP 20,252.59
9104 01/26/2024 GFL ENVIRONMENTAL 175.40
9105 01/26/2024 HUNTER SECURITY AND SURVEILLANCE 2,572.48
9106 01/26/2024 JODI ST CHARLES 188.35
9107 01/26/2024 KEMIRA WATER SOLUTIONS INC 10,689.06
9108 01/26/2024 LEVENHAGEN OIL CORPORATION 5,376.05
9109 01/26/2024 MACQUEEN EQUIPMENT GROUP 755.27
9110 01/26/2024 MARK A ROHLOFF 145.40
9111 01/26/2024 NORTHERN LAKE SERVICE INC 309.79
9112 01/26/2024 OSHKOSH CONVENTION AND VISITORS BUREAU INC 5,856.94
9113 01/26/2024 OTIS ELEVATOR COMPANY 825.00
9114 01/26/2024 OTIS ELEVATOR COMPANY 3,597.36
9115 01/26/2024 PLYMOUTH LUBRICANTS 6,336.59
9116 01/26/2024 POLYDYNE INC 32,340.00
9117 01/26/2024 RENNING LEWIS AND LACY SC 5,023.50
9118 01/26/2024 ROBERT KRAEMER 110.34
9119 01/26/2024 SECURIAN FINANCIAL GROUP INC 21,435.84
9121 01/26/2024 SPEEDY CLEAN DRAIN & SEWER 16,237.28
9122 01/26/2024 MCCLONE 94,719.16
9123 01/26/2024 VANGUARD COMPUTERS INC 103,171.03
9124 01/26/2024 WI PUBLIC SERVICE CORP 20,462.52
9125 01/26/2024 WILLIS TOWERS WATSON MIDWEST INC 140,322.40
9126 01/26/2024 WINNEBAGO COUNTY TREASURER 25,041.87
9127 01/26/2024 AUGUST WINTER & SONS INC 6,481.50
5000489 01/26/2024 SEILER INSTRUMENT & MFG CO INC 995.00
5000492 01/26/2024 ALEXANDER CHEMICAL CORPORATION 16,280.00
5000493 01/26/2024 AMERICAN CONSERVATION & BILLING SOLUTIONS INC 8,322.00
5000494 01/26/2024 ASSURANCE TITLE SERVICES INC 102.57
5000495 01/26/2024 AT & T 422.93
5000496 01/26/2024 AT & T 631.85
5000497 01/26/2024 BEEZ ELECTRIC INC 8,156.00
5000498 01/26/2024 BOUND TREE MEDICAL LLC 284.19
5000499 01/26/2024 CASEY KOELBL 10.01
5000500 01/26/2024 JAMIE P CHAPIN 62.85
5000501 01/26/2024 DREAMS OF JEANNE LLC 20.00
5000502 01/26/2024 EDT INDUSTRIAL RESOURCES INC 10,594.27
5000503 01/26/2024 EHLERS 400.00
5000504 01/26/2024 ENVIRONMENTAL HAZARDS SERV LLC 50.40
5000505 01/26/2024 FBI NATIONAL ACADEMY ASSOCIATES 115.00
5000506 01/26/2024 FOX VALLEY TECH COLLEGE EMS 160.00
5000507 01/26/2024 GALLS LLC 3,065.80
5000508 01/26/2024 GARTMAN MECHANICAL SERVICES 5,431.87
5000509 01/26/2024 IAN JACOB SEAHOLM 50.00
5000510 01/26/2024 IMAGETREND INC 24,392.93
5000511 01/26/2024 A. KALMERTON WELDING SUPPLIES 2,771.09
5000512 01/26/2024 LUEBKE KATHY M 34.64
5000513 01/26/2024 MICHAEL BERNDT 32.75
5000514 01/26/2024 MID STATES ORGANIZED CRIME INFORMATION CENTER 250.00
5000515 01/26/2024 NAVIGATE WELLNESS LLC 1,644.00
5000516 01/26/2024 NET TRANSCRIPTS INC 132.75
5000517 01/26/2024 MILWAUKEE PLUMBING & PIPING 90.00
5000518 01/26/2024 OROURKE MICHAEL 226.56
5000519 01/26/2024 OSHKOSH AREA COMMUNITY FOUNDATION 40,000.00
5000520 01/26/2024 CITY OF OSHKOSH 1,063,638.32
5000521 01/26/2024 OSHKOSH HEATING AND AIR LLC 9,850.00
5000522 01/26/2024 PARK 'N PRINT INC 68.00
5000523 01/26/2024 POMP'S TIRE SERVICES INC 7,049.48
5000524 01/26/2024 SCHEDULESPLUS LLC 840.00
5000525 01/26/2024 SCHMITT TITLE LLC 94.30
5000526 01/26/2024 SCHMITT TITLE LLC 85,171.55
5000527 01/26/2024 STABLE ASCENT LLC 4,800.00
5000528 01/26/2024 STAR PROPERTIES OF OSHKOSH LLC 45.25
5000529 01/26/2024 STATE BAR OF WISCONSIN 125.00
5000530 01/26/2024 STEVEN GOHDE 28.34
5000531 01/26/2024 SYNERCOMM INC 6,633.06
5000532 01/26/2024 THE HOME DEPOT PRO 50.04
5000533 01/26/2024 THINKGARD LLC 6,316.00
5000534 01/26/2024 TKK ELECTRONICS C/O US BANK NA 1,834.75
5000535 01/26/2024 TOYS FOR TRUCKS INC 2,346.69
5000536 01/26/2024 UNITED DATA TECH LLC 455.84
5000537 01/26/2024 UNITED PARCEL SERVICE 155.72
5000538 01/26/2024 WISCONSIN DEPARTMENT OF JUSTICE - TIME 5,820.00
1,903,985.05
CHECK NUMBER CHECK DATE VENDOR NAME AMOUNT
9165 02/02/2024 AECOM INC 7,969.00
9166 02/02/2024 AIRGAS USA LLC 3,217.45
9167 02/02/2024 ALL ABOUT COMPUTERS INC 640.00
9168 02/02/2024 ATIS ELEVATOR INSPECTIONS LLC 125.00
9169 02/02/2024 BADGER LAB & ENGINEERNG CO INC 21,804.10
9170 02/02/2024 BROWN AND CALDWELL 5,065.42
9171 02/02/2024 CABLECOM LLC 2,168.30
9172 02/02/2024 CHEMTRADE CHEMICALS US LLC 8,480.35
9173 02/02/2024 CINTAS CORPORATION NO 2 519.04
9174 02/02/2024 COMMUNICATIONS ENGINEERING CO 687.50
9176 02/02/2024 IMAGE 360 INC 1,792.00
9177 02/02/2024 ENERGY CONTROL AND DESIGN INC 3,593.16
9178 02/02/2024 ENVIROTECH EQUIPMENT 2,311.31
9179 02/02/2024 ENVISIONINK PRINTING SOLUTIONS INC 5,801.00
9180 02/02/2024 FACILITY ENGINEERING INC 9,487.50
9181 02/02/2024 FIRELINE SPRINKLER CORPORATION 310.00
9182 02/02/2024 FRANK CONTRACTORS LLC 2,578.52
9183 02/02/2024 GARROW OIL CORP 39,446.52
9184 02/02/2024 HAROLD CARPENTER AND COMPLETE OVERHEAD 480.50
9185 02/02/2024 JACOBS ENGINEERING GROUP INC 73,411.15
9186 02/02/2024 JFTCO INC 41,798.05
9187 02/02/2024 KEMIRA WATER SOLUTIONS INC 10,962.52
9188 02/02/2024 LAFORCE INC 2,914.96
9189 02/02/2024 NORTHERN DIVERS USA INC 1,359,350.00
9190 02/02/2024 NORTHERN LAKE SERVICE INC 1,639.49
9191 02/02/2024 OSHKOSH CONVENTION AND VISITORS BUREAU INC 534.18
9192 02/02/2024 PLYMOUTH LUBRICANTS 980.52
9193 02/02/2024 PREMISE HEALTH EMPLOYER SOLUTIONS LLC 12.00
9194 02/02/2024 QUALITY TRUCK CARE CENTER INC 507.36
9195 02/02/2024 RNOW INC 1,660.52
9196 02/02/2024 NES ECOLOGICAL SERVICES 8,857.48
9197 02/02/2024 FOUNDATION BUSINESS SYSTEMS LLC 178.00
9198 02/02/2024 SERVICEMASTER BLDG MAINTENANCE 10,247.25
9199 02/02/2024 SMITHGROUP INC 4,000.00
9200 02/02/2024 STRAND ASSOCIATES INC 79,922.24
9201 02/02/2024 TYLER TECHNOLOGIES INC 94,592.01
9202 02/02/2024 VANGUARD COMPUTERS INC 918.00
9203 02/02/2024 VINTON CONSTRUCTION INC 337,922.50
9204 02/02/2024 VORPAHL INC 195.16
9205 02/02/2024 WI PUBLIC SERVICE CORP 10,446.69
5000539 02/02/2024 CORNERSTONE ONDEMAND 11,766.64
5000540 02/02/2024 1 N MAIN LLC 322.38
5000541 02/02/2024 ALADTEC INC 2,750.00
5000542 02/02/2024 AMERICAN LEGAL PUBLISHING CORP 160.00
5000543 02/02/2024 BERGLUND CONSTRUCTION COMPANY 24,302.35
5000544 02/02/2024 BOUND TREE MEDICAL LLC 102.40
5000545 02/02/2024 BRITTNEY MEYER 36.68
5000546 02/02/2024 D AND K RENTALS 120.00
5000547 02/02/2024 DIGGERS HOTLINE INC 7,972.80
5000548 02/02/2024 DOMINION VOTING SYSTEMS INC 7,871.00
5000549 02/02/2024 DONOHUE & ASSOCIATES INC 15,033.43
5000550 02/02/2024 EHLERS 200.00
5000551 02/02/2024 EMERGENCY RESPONSE SPECIALISTS LLC 1,853.00
5000552 02/02/2024 EVERGREEN CONSULTANTS LLC 5,900.00
5000553 02/02/2024 GIZMO OSHKOSH LLC 14,283.96
5000554 02/02/2024 HANSON DESIGN GROUP LLC 18,500.00
5000555 02/02/2024 HENRY SCHEIN INC 2,980.64
5000556 02/02/2024 HERITAGE-CRYSTAL CLEAN LLC 682.98
5000557 02/02/2024 HYDROCLEAN EQUIPMENT INC 395.64
5000558 02/02/2024 JACOB DEDERING 11.14
5000559 02/02/2024 JAKE S DIAPERS INC 7,500.00
5000560 02/02/2024 JOSHUA FLEMING 30.13
5000561 02/02/2024 A. KALMERTON WELDING SUPPLIES 472.43
5000562 02/02/2024 KANE COMMUNICATIONS GROUP 37,410.20
5000563 02/02/2024 KEY CODE MEDIA INC 14,400.00
5000564 02/02/2024 KLINK EQUIPMENT 567.03
5000565 02/02/2024 MERJENT INC 5,929.12
5000566 02/02/2024 DAVID TOMAN 75.00
5000567 02/02/2024 ERVIN FISCHER 87.00
5000568 02/02/2024 JASON JURY 15.00
5000569 02/02/2024 TERESA DEHEIMER 23.00
5000570 02/02/2024 CITY OF OSHKOSH 1,045,943.86
5000571 02/02/2024 CITY OF OSHKOSH 613.00
5000572 02/02/2024 OSHKOSH HERALD LLC 1,082.56
5000573 02/02/2024 OSHKOSH SATURDAY FARMERS MARKET INC 5,232.50
5000574 02/02/2024 CITY OF OSHKOSH UTILITIES 258.12
5000575 02/02/2024 PERFORMANCE ELEVATOR CONSULTING LLC 3,500.00
5000576 02/02/2024 PROFESSIONAL FIRE FIGHTERS OF WISCONSIN CHARITABLE 2,950.00
5000577 02/02/2024 REBUILDING TOGETHER FOX VALLEY 12,500.00
5000578 02/02/2024 REGISTRATION FEE TRUST 169.50
5000579 02/02/2024 REGISTRATION FEE TRUST 169.50
5000580 02/02/2024 RISE LEADERSHIP LLC 25,000.00
5000581 02/02/2024 SARAH DANAHY 715.00
5000582 02/02/2024 STERICYCLE INC 250.46
5000583 02/02/2024 T MOBILE 32.80
5000584 02/02/2024 TIMIOS DEVELOPMENT LLC 432.00
5000585 02/02/2024 TRANSPORTATION DVLPMNT ASSOC 335.00
5000586 02/02/2024 UNITED PARCEL SERVICE 84.43
5000587 02/02/2024 VERIZON WIRELESS 120.05
5000588 02/02/2024 WESTWOOD PROFESSIONAL SERVICES INC 4,510.00
5000589 02/02/2024 WISCONSIN ASSOCIATION OF SENIOR CENTERS INC 65.00
5000590 02/02/2024 WI DEPT OF TRANSPORTATION 5,262.70
5000591 02/02/2024 WI RURAL WATER ASSOCIATION 615.00
5000592 02/02/2024 WINNEBAGO COUNTY CLERK OF CIRCUIT COURT 15.00
3,449,137.18
SUB JEC T:SUB JEC T :Receipt & Filing of Minutes - Common Council Regular Meeting, 01.23.24
D A TE :D A T E :February 13, 2024
A t t a chment sAttachments
DRAFT Minutes 01.23.24
D R A F T
CITY COUNCIL MINUTES
January 23, 2024
CALL TO ORDER 6:02 PM
ROLL CALL
Present:Matt Mugerauer, Mayor; Lynnsey Erickson; Joe Stephenson; Karl Buelow;
Paul Esslinger; Mike Ford; LaKeisha Haase
Staff
Present:
Mark Rohloff, City Manager; Lynn Lorenson, City Attorney; Diane Bartlett,
City Clerk
Attendees:Kelly Nieforth, Community Development Director
INTRODUCTION OF STAFF:
Jerry Fabisch, Chief Building Official in Inspection Services Division
Darryl Eschete, Library Director
PROCLAMATION - Transit Equity Day
Transportation Director Jim Collins accepted the proclamation and expressed his
appreciation for the recognition.
Deb Martin, 164 Wyldwood Dr, Oshkosh -- Spoke on behalf of the Transit Advisory
Board, and appreciated the proclamation that was issued this evening. She also
noted that she was a part of the group that made the change to student bussing and
wanted to express her appreciation to our transit drivers.
PRESENTATION:
Jenny Nikolai, Vice President of New Community Hospitals, and Ryan Marks, Vice
President for Facility Planning and Development with ThedaCare gave a presentation
regarding the proposed micro-hospital health campus that is planned for the corner of
Oregon Street and 6th Avenue. Both individuals shared the progress and challenges
(contaminated water and soil) they are having at the site and are asking for TIF
assistance.
Council Member Esslinger asked how much it was going to cost to fix the issues, and at
what point did this all come to the surface?
Marks replied that it has been a complicated process with the DNR and this has
affected their construction plans, which then affects their budget plan. They are
looking at an increase of $4.5 million for the project.
Council Member Esslinger asked if, without TIF assistance, this project cannot move
forward?
Marks confirmed, "That is correct."
Council Member Buelow asked if something was missed in the pre-planning phase, or
will more contamination testing be required for future projects.
Marks replied that they were aware of some issues looking at the surface data, and
they knew what the history was, but as the soil boring went deeper, and soil analysis
was conducted, the problems became bigger than anybody anticipated.
CITIZEN STATEMENTS TO COUNCIL - None
CONSENT AGENDA ITEMS
Report of Bills by the Finance Director, January 5, 2024
Receipt & Filing of Minutes - Common Council Meetings
Regular Meeting - 12.12.23
Closed Session - 12.12.23
Regular Meeting - 01.09.24
Receipt & Filing of Minutes - Museum, Arts, and Culture Board Meeting 12.13.2023
Res 24-19 Consideration of Initial Resolution Regarding Taxable Industrial Development Revenue
Bond Financing for 1508 Koeller Oshkosh LLC, Project Located at 1530 South Koeller
Street. Information with respect to the job impact of the project will be available at the
time of consideration of the Initial Resolution.
Res 24-20 Approve Budget Amendment to Use Financial Gifts Received by Oshkosh Public
Museum
Res 24-21 Approve CIP Amendment and Award Bid for Public Works Contract No. 24-06 to Jim
Fischer, Inc. for Concrete Sidewalk (New and Rehabilitation) ($1,567,645.50)
Res 24-22 Approve Amendment No. 1 to Professional Services Agreement with Jacobs
Engineering Group, Inc. (Jacobs) for 2023 Water Utility Technical Services (+$50,000)
Res 24-23 Approve Labor Contract with Oshkosh Police Supervisors Association for Years 2024,
2025, and 2026
Res 24-24 Approve Setting Public Hearing Date for Right-of-Way Vacation of Ivy Place and Public
Alley Located between North Main Street and Division Street, South of Church Avenue
(Plan Commission Recommends Approval)
Res 24-25 Approve Conditional Use Permit for a Personal Storage Facility Located at 255 East
Snell Road (Plan Commission Recommends Approval)
Res 24-26 Approve Conditional Use Permit for a Concrete Batch Plant Located at 3010 Bradley
Street (Plan Commission Recommends Approval)
Res 24-27 Award Bid to Kaschak Roofing Inc. for Roof Replacement for Oshkosh Public Library
($197,900.00)
Res 24-28 Approve Special Event - Otter Street Fishing Club to Utilize Menominee Park & Miller's
Bay for the Otter Street Winter Fisheree, February 3, 2024
Res 24-29 Approve Special Event - Battle On Bago Foundation Inc. to Utilize Menominee Park,
Miller's Bay, Park Trails, and City Streets for the Battle on Bago Event, February 16 & 17,
2024
Res 24-30 Approve Special Event - Father Carr's Place 2 Be to Host the CaRRnival for Kids in
Father Carr's Parking Lot, 1062 N Koeller, June 1, 2024
Res 24-31 Approve Special Event - Otter Street Fishing Club to Utilize Menominee Park, Miller's
Bay, Gazebo Area, and Cruiser Docks for the Otter Street Walleye Tournament, June
14 - 16, 2024
Res 24-32 Approve Special Event - Oshkosh YMCA to Utilize City Streets for the Oshkosh Century
Bike Ride, June 23, 2024
Res 24-33 Approve Special Event - Oshkosh Youth Baseball (OYB) to Utilize Menominee Park and
Reetz Softball Complex for the Oshkosh Youth Baseball Tournament, June 28 - 30, 2024
Res 24-34 Approve Special Event - Otter Street Fishing Club to Utilize Menominee Park & Ames
Point for the Otter Street Kids Fisheree, August 10, 2024
Res 24-35 Approve Special Event - Vietnam Veterans of America Chapter 437 to Utilize South
Park War Monument for the POW/MIA Remembrance Ceremony, September 21, 2024
Res 24-36 Approve Special Event - The Amyotrophic Lateral Sclerosis (ALS) Association to Utilize
Menominee Park for the Walk to Defeat ALS, September 21, 2024
Res 24-37 Approve Special Event - Alzheimer's Association to Utilize Lakeshore Park, Pavilion, Trail,
and City Streets for the Walk to End Alzheimer's, September 28, 2024
Res 24-38 Approve Special Class "B" Licenses
Res 24-39 Approve Appointments to Various Boards and Commissions
MOTION TO APPROVE CONSENT AGENDA ABOVE
Motion To Approve Paul Esslinger
Second Karl Buelow
AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl Buelow, Paul
Esslinger, Mike Ford, LaKeisha Haase
7 - 0 Passed
ITEMS REMOVED FROM CONSENT AGENDA - NONE
PENDING ORDINANCE
Ord 24-40 Approve Zone Change from General Agricultural Extraterritorial District (A-2ETZ) to
Single-Family Residence Extraterritorial District (R-1ETZ) for a property located at 4744
County Highway K in the Town of Algoma (Extraterritorial Zoning Committee
Recommends Approval)
Motion To Approve Karl Buelow
Second Joe Stephenson
AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl Buelow, Paul
Esslinger, Mike Ford, LaKeisha Haase
7 - 0 Passed
Ord 24-41 Approve Zone Change from Suburban Mixed Use District with a Planned Development
Overlay (SMU-PD) to Institutional District (I) for the Property Located at 425 North
Washburn Street (Plan Commission Recommends Approval)
Motion To Approve Paul Esslinger
Second Karl Buelow
AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl Buelow, Paul
Esslinger, Mike Ford, LaKeisha Haase
7 - 0 Passed
NEW ORDINANCES - no formal action was taken at this meeting on the items below
*Ord 24-42 Amend Section 27A-11 of the Municipal Code Pertaining to Parking Regulations on
Designated Streets and Alleys (Congress Avenue) (Transportation Committee
Recommends Approval) 1ST READING
*Ord 24-43 Amend Section 27A-11 of the Municipal Code Pertaining to Parking Regulations on
Designated Streets and Alleys (Punhoqua Street) (Transportation Committee
Recommends Approval) 1ST READING
*Ord 24-44 Amend Section 27a-2 of the Municipal Code Pertaining to Prohibited Right Turns at the
Intersection of North Main St, Harrison Street, and New York Avenue (Transportation
Committee Recommends Approval) 1ST READING
NEW RESOLUTIONS
Res 24-45 Renewal of Agreement with the Emergency Medical Services Medical Director
($20,000.00)
Motion To Approve Karl Buelow
Second Lynnsey Erickson
AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl Buelow, Paul
Esslinger, Mike Ford, LaKeisha Haase
7 - 0 Passed
Res 24-46 Appropriate ARPA Funds for Specific 2024 Infrastructure Projects
Finance Director Russ Van Gompel pointed out the attachment to the resolution is a
listing of projects that are making changes in 2024, appropriating $595,000. If the
council adopts the resolution tonight, there is still $1.7 million left in the ARAP funds.
Motion To Approve Paul Esslinger
Second Joe Stephenson
AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl Buelow, Paul
Esslinger, Mike Ford, LaKeisha Haase
7 - 0 Passed
Res 24-47 Approve Conditional Use Permit for an Institutional Use at 425 North Washburn Street
(Plan Commission Recommends Approval)
Motion To Approve Karl Buelow
Second Paul Esslinger
AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl Buelow, Paul
Esslinger, Mike Ford, LaKeisha Haase
7 - 0 Passed
Res 24-48 Approve Blight Designation and Land Acquisition for Property Located at 1203
Oshkosh Avenue (Redevelopment Authority Recommends Approval)
Mayor Mugerauer noted that this acquisition is in a key area for us and asked
Community Director Nieforth to explain why.
Director of Community Development Kelly Nieforth stated that Oshkosh Ave and
Sawyer Street is a challenging intersection. It has been the city's goal to realign that
intersection. From a staff perspective, this property has a few code violations and,
unfortunately, we continue to get noncompliance. She also noted that no one
currently lives on this property.
Motion To Approve Karl Buelow
Second Lynnsey Erickson
AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl Buelow, Paul
Esslinger, Mike Ford, LaKeisha Haase
7 - 0 Passed
Res 24-49 Approve Professional Services Agreement from Short Elliott Hendrickson Inc. for
Architectural Services for Fire Training Center for Oshkosh Fire Department ($436,703.00)
Motion To Approve Paul Esslinger
Second Lynnsey Erickson
AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl Buelow, Paul
Esslinger, Mike Ford, LaKeisha Haase
7 - 0 Passed
COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS
Council Discussion Regarding Mayor Selection Process (Mugerauer)
Mayor Murerauer included a memo to the council regarding the Mayor selection
process and would like to look at the process and discuss the option of moving away
from an elected Mayor to a council-selected President.
Mayor Mugerauer summarized his memo as follows: Since the 1950's Oshkosh has
operated under a City Manager form of government. The City Manager runs the day-
to-day operations. As a "Chapter 64" community in the state of Wisconsin, we are the
only municipality that has an elected mayor. The disadvantage of operating this way
is, that it creates confusion locally, regionally, and at the state level. If we continue with
the elected mayor system, it creates confusion as to who is running the show. This
structure may prevent us from getting the best-qualified candidates to fill positions. It
also could appear that we are not a strong and unified council.
Council Member Buelow asked if it would be better to educate the community with
information on what the role of the mayor is in Oshkosh. Council Member Buelow
suggested the elected mayor system may not bring the clarity we hoped for. People
will still send requests that are out of council's jurisdiction. He also questioned whether
this would go to the public as a referendum.
Council Member Ford believes this is a good idea. If you look at the municipal code
and what the mayoral duties are, they are procedural. The mayor presides over the
meetings with no veto power, the mayor is responsible for leading the council meeting,
announcing and receiving quorum, receiving motions, making proclamations etc...
There is confusion and conflict between having an elected mayor and a City
Manager. Council Member Ford indicated he would support a Council President title
over an elected Mayor title.
Council Member Erickson stated that she agrees there is a lot of confusion about the
role of the mayor in the community. In this debate we need to determine the needs
and functions as a body, and what has changed since the referendum in 2004. She
questioned the goal we are trying to meet as a well-functioning council to do our job
well. Erickson agreed that there are advantages and disadvantages to both options.
Council Member Esslinger felt this needs to go to a referendum and be voted on by
the people. He does not want seven people on a council to decide what form of
government is right for seventy thousand people.
Council Member Stephenson added that if this does go to referendum, we would
need to do our homework and be specific. Stephenson asked Attorney Lorenson if this
were to go to referendum, what is the process.
Attorney Lorenson stated that there are several options for moving the proposal
forward. The council may decide to pass an ordinance that could be put to a
referendum on petition, or to order a referendum directly.
Council Member Esslinger noted that (in 2004, if he remembers correctly) he brought
forward a discussion to change the form of city government. During the discussions, it
got warped into a referendum asking "do you want to have an elected mayor?". This
could have been interpreted in many ways.
Council Member Esslinger also noted that it should be the decision of the residents of
Oshkosh to choose the form of government for Oshkosh. Esslinger also noted that if any
topic goes to referendum, that we allow the same courtesy to other groups/council
members to bring topics via referendum. Esslinger suggested the more choices the
better.
Council Member Ford noted that he looked at the referendum in 2004, and stated
that we are not talking about changing the form of government, we are talking about
changing the title of council mayor to council president. If this is something that
council wants to send as a referendum, we will need to be clear on the question as
we are not creating a mayoral position that has executive powers.
Council Member Buelow asked if Mayor Mugerauer would still propose this position at
the same small salary increase it has now.
Mayor Mugerauer stated he has no intention of changing anything but the title.
Council Member Stephenson stated that he does see merit in defining the role of
council members.
Mayor Mugerauer appreciates the discussion and council member's thoughts. He
stated that his goal was to set the proper foundation for future council members, staff,
and citizens for success.
Status of Available Combination "Class B" Licenses
City Manager Rohloff discussed the city's shortage of liquor licenses and stated that in
2023 there was a significant interest in the Combination "Class B" liquor licenses. The city
has two available Combination "Class B"'s available, and two in reserve. The difference
between the two licenses is a significant amount of money.
City Manager Rohloff also noted that staff is currently going through a process to
identify any licenses that are not being utilized. Some businesses may be holding the
wrong license. Meaning they have a Combination "Class B", but only serve beer.
Through research, the City Clerk has found that legislation is considering reclassifying
some malt beverages as beer, and that may free up some of these Combination
"Class B" licenses. In the meantime, Mr. Rohloff noted that he isn't comfortable
processing any licenses until staff has a better feel for what is out there. Rohloff also
feels that through the education process, tighter criteria, and council coming up with
an evaluation system, the city would be able to free up some of the licenses and
make sure that the license is utilized properly.
Mayor Mugerauer asked Mr. Rohloff to explain a little about the processes for new
council members on what can be done to free up some licenses:
City Manager Rohloff noted three things:
1 Education -- we need to educate new businesses to know exactly what is allowed,
what the economic development impact may be etc. It would be beneficial to work
with the Chamber of Commerce on this issue.
2. Revocation does not happen often, but we do give the license holders due
process. A non-renewal mainly happens if a business tells us they are not renewing, or
we know they are out of business etc.
3 A process used to take place when licenses were available and each applicant
needed to come to council and present why they should be granted the license.
Mr. Rohloff believes education, tighter criteria, and some type of evaluation system to
take a look at these things may be needed.
Council Member Ford stated that education is important, and we should find some of
the under-utilized licenses. Some people may use them for private benefit.
City Manager Rohloff will talk to the Chamber also --
Mayor Mugerauer appreciates the process we have in place.
Strategic Planning Session, March 4th, 2024, 8:00 AM - 4:30 PM at Lakeshore Park's
Four-Seasons Building
COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS
Council Member Ford reminded attendees of Oshkosh Restaurant Week.
Council Member Esslinger noted a recent show at the Grand Opera House.
CITY MANAGER ANNOUNCEMENTS & STATEMENTS
Update on Proposed Vehicle Registration Fee (VRF) and Utility Fees as Replacement of
Special Assessments for Street Reconstruction Projects
City Manager Rohloff reviewed the VRF and utility fees as part of the special
assessment replacement option. City Manager Rohloff and Finance Director Van
Gompel will be meeting the Chamber of Commerce and staff will be conducting
public information meetings. City Manager Rohloff also reminded council and
residents that the VRF is proposed to eliminate road reconstruction and sidewalk
assessments only (does not include new utilities). Staff will also be posting FAQ's on the
city's website/hot topics and a newsletter article will be published.
Finance Director Russ Van Gompel explained that the VRF would be collected by the
State of Wisconsin and then sent to the city. This will be an accounting procedure and
deposited in a capital projects fund. This capital project fund will also collect $750,000
from each of the three utilities. 40% of the fund will come from the VRF and 60% will
come from the utilities. This project fund will be used to offset the costs that are
normally invoiced on special assessments.
Council Member Ford replied that it is fair to say in future years if the VRF doesn't keep
up with the increasing cost of road projects, that will shift that percentage on utilities
more.
Van Gompel replied that in the future, the utility fee and VRF will need to be
evaluated. Right now, we're looking at a $35 VRF. Looking at various communities, the
VRF currently ranges anywhere from $10 to $40, so the city would be on the high end.
Also, as we look at the cost of road construction over some time, staff are basing
numbers on current market conditions. Those are going up right now, so staff will have
to continue to evaluate.
City Manager Rohloff summarized the ARPA fund application process for non-
infrastructure projects and noted that staff has public informational meetings
scheduled and a live Q&A scheduled on Oshkosh Media for Friday, February 16.
Applications are available on the City website, and are being directed to other
various nonprofit entities, and applicants that have been previously rejected are
welcome to reapply. Also, the applications have been updated, and with the
revamped application, staff can help determine if there are other resources that may
be available to them. Staff would like to be clear and very careful, noting that if funds
are not allocated by the end of 2024, the city will lose those ARPA dollars. There is the
fear that groups will become dependent on the availability of the ARPA funds and
then the city has to let them know the ARPA funds are gone.
City Manager Rohloff presented an update on the Process for ARPA Funds for Non-
Infrastructure Projects
SB 961 (Urban Towns Bill) Update:
City Manager Rohloff reminded council that he shared bullet points and highlights of
legislator meetings. Staff will also follow up by sending letters to legislators expressing
the city's concerns. City Manager Rohloff stated that the city has been very
successful, and shared with the Senate Committee on Local Government that we all
need to get along with our neighboring cities, towns, villages, and communities, and
look ahead to appropriate land use.
The Strategic Plan Dashboard has been updated for the 4th Quarter.
One-Year Extension of the Intergovernmental Agreement with Winnebago County on
Inter-City Pilot Microtransit Service between Oshkosh and Neenah
Outstanding Issues
ADJOURN: 7:34 PM
Motion To Approve Paul Esslinger
Second Karl Buelow
AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl Buelow, Paul
Esslinger, Mike Ford, LaKeisha Haase
7 - 0 Passed
SUBMITTED BY
DIANE BARTLETT
CITY CLERK
SUB JEC T:SUB JEC T :Receipt & Filing of Minutes - Library Board, 12.21.23
D A TE :D A T E :February 13, 2024
A t t a chment sAttachments
Reg Min 12.21.23
Page 1
MINUTES OF THE LIBRARY BOARD
Oshkosh Public Library
December 21, 2023
The meeting of the Oshkosh Public Library Board of Trustees was held on December 21, 2023, in the Lower
Level of the Oshkosh Public Library. The meeting was called to order at 4:00 PM by President, Bill Bracken.
A roll call was taken. Present were: Bill Bracken, Kim Brown, Susan Fojtik, Christine Melms-Simon, Baron
Perlman, David Rucker, Amber Shemanski and Tony Kneepkens, Adjunct Board Member. Absent were: Larry
Lautenschlager, Lindsey Mugerauer, and David Romond. Others present were: Ruth Percey, Interim Co-
Director; Lisa Voss, Interim Co-Director, Laura McDonald, Marketing Coordinator; Julie Schmude, Business
Manager; Marcy Cannon, Administrative Specialist II; Sarah Read, Reader’s Advisory Librarian and Tracie
Schlaak, Administrative Specialist.
There were no public comments.
Consent Agenda Items:
• Minutes of the Regular Meeting held on November 30, 2023
• Regular Vouchers Payable - $305,886.68
• 2024 Vouchers Payable - $503.00
Motion to approve the consent agenda as presented.
Motion: Perlman; Second: Brown; Vote: Unanimous
New Business
• Guest: Sarah Read, OPL’s Reader Advisory Librarian
Sarah talked about her new role at the Oshkosh Public Library.
• 2024 OPL Pay Plan
The board was presented with a pay plan matrix, one showing a 4% increase in wages and one showing
a 3.5% increase in wages for consideration.
Motion to support the 2024 Pay Plan Matrix with a 3.5% rate increase so the matrix is in alignment with
the city of Oshkosh’s pay plan increase.
Motion: Perlman; Second: Rucker; Vote: Unanimous
• Appointments to the Board Finance Committee for 2023-2024
Motion to appoint Bill Bracken, Baron Perlman, David Rucker, David Romond and Tony Kneepkens to
the Oshkosh Public Library Finance Committee
Motion: Perlman; Second: Melms-Simon; Vote: Unanimous
• Board Finance Committee Meeting Calendar – 2024: Co-interim directors propose
establishing meeting dates for the Finance Committee. These dates will ensure a quarterly
regular meeting of the committee to take place the week before a regular full board meeting,
enabling incorporation of any recommended action by the committee on the next agenda for the
full Board. 2024 dates proposed: Tuesday, February 20; Tuesday, May 21; Tuesday August 20;
and Tuesday November 12. All meetings to begin at 4:00 pm.
Page 2
Motion to add January 16 to the 2024 dates and to approve all the dates as proposed.
Motion: Perlman; Second: Brown; Vote: Unanimous
• Endowment Fund 2024 Allocation Proposals – Round One.
Motion to approve the proposals as presented.
Motion: Fojtik; Second: Melms-Simon; Vote: Unanimous
• Late Library Opening: The new library director would like to open the library at 2:00 p.m. on Friday,
January 19, 2024, to accommodate an all-staff meeting from 9:00 a.m.to 1:00 p.m.
Motion to open the library at 2:00 p.m. on January 19, 2024.
Motion: Perlman; Second: Fojtik; Vote: Unanimous
Library Co-Director’s Report
Lisa Voss and Ruth Percey met virtually with the new director, Darryl Eschete for about an hour.
Adjournment
Motion: To adjourn the meeting at 4:42 PM
Motion: Perlman; Second: Shemanski; Vote: Unanimous
Respectfully,
Lisa Voss, Interim Co-Director
Tracie Schlaak – Recorder
SUB JEC T:SUB JEC T :Receipt & Filing of Claim Filed with the City's Insurance Company - City of Oshkosh
D A TE :D A T E :February 13, 2024
A t t a chment sAttachments
Contact Letter
February 6, 2024
City of Oshkosh
215 Church Avenue
Oshkosh, WI 54902
RE: Insured: City of Oshkosh
Claimant Name: City of Oshkosh
Claim Number: WM000702661248
Date of Loss: 01/13/2024
Statewide Services, Inc. is the third-party administrator for the League of Wisconsin
Municipalities Mutual Insurance liability and auto program. We received notice of the
above-referenced claim and want to assure you that we are in the process of reviewing it.
This claim has been assigned to:
Ginger Kimpton
Senior Casualty Claims Adjuster
Phone: 855-828-5515
Fax: 866-828-6613
Email Address: gkimpton@statewidesvcs.com
Feel free to call or email the claim handler above.
Sincerely,
Statewide Services Claim Department
cc: McClone Agency – Brian Dandoy
TO :T O :Honorable Mayor and Members of the Common Council
FRO M :FRO M :Lynn Lorenson, City Attorney
D A TE :D A T E :February 13, 2024
SUB JEC T:SUB JEC T :Res 24-50 Disallowance of Claim by Robert Wilcox
B A C KGRO UN DBACKGROUND
On or around January 22, 2024, Robert Wilcox served a "Notice of Claim" directly on the City of Oshkosh
Inspections Division. The Notice of Claim was not served on or received by the Clerk's Office as required
by statute, however because it was served on city staff it was still referred to the City's insurance carrier
and processed in the normal manner for claims received.
The Notice of Claim relates to rental property known as 1508 Liberty Street, Oshkosh, WI . The City
Inspections Division inspected 1508 Liberty St. on or around October 11, 2023. Afterwards, a correction
notice was sent to Mr. Wilcox identifying a public nuisance code violation at the property.
Among Wilcox's claims, he alleges that the City cannot inspect his property until the City inspects every
other house in the City of Oshkosh for the same violation.
The Notice of Claim is related to costs that Wilcox alleges he incurred as a result of the inspection, in the
amount of $8,836.00.
A N A L Y SI SANALYSIS
The City has tendered the defense of this claim to its insurance provider, Statewide Services Inc.
Statewide has retained Attorney Ashley Lehocky to handle the matter. Atty. Lehocky has
recommended formal disallowance of the claim at this time.
REC O M M E N D A TI ONRECOMMENDATION
I recommend disallowance of the claim.
A t t a chment sAttachments
Res 24-50
02/13/2024 24-50 RESOLUTION
PURPOSE: DISALLOWANCE OF CLAIM BY ROBERT WILCOX
INITIATED BY : Legal Department
WHEREAS, the following claim has been referred to the City's insurance carrier which has recommended
disallowance.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City
officials are hereby authorized and directed to disallow the following claim against the City of Oshkosh:
Robert Wilcox DATE OF LOSS: 10/11/2023
(for alleged violations related to inspection of 1508 Liberty Street, Oshkosh, WI)
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to inform the claimant by certified mail of the
disallowance and the fact that the claimant has six months from the date of service to appeal.
BE IT FURTHER RESOLVED that the City Clerk is directed to send a copy of this resolution and notice of
disallowance to the appropriate insurance carrier for the City of Oshkosh.
TO :T O :Honorable Mayor and Members of the Common Council
FRO M :FRO M :Lynn Lorenson, City Attorney
D A TE :D A T E :February 13, 2024
SUB JEC T:SUB JEC T :Res 24-51 Approve Amendment to 2024 Operating Budget to Provide Funding for Limited Term
Employee (LTE) Services in the Legal Department ($8,000.00)
B A C KGRO UN DBACKGROUND
As noted during our budget hearings last year, the Legal Department's prosecution cases are increasing.
We've seen about a 30% increase in prosecution cases during the past year. In addition, municipal work
has become more complex over time and, in general, we are simply busier assisting departments and
divisions with issues that arise, as well as contract preparation and review, policy reviews, training, and all
the various other services that we provide. To that end, we have been exploring ways to redistribute
workload in our office to allow us to keep up with the work coming in, while also working to better utilize
the Assistant City Attorney's time and expand her knowledge base as well as working experience in the
city.
An opportunity arose to hire an attorney to assist with city ordinance intake and pretrial work. In
speaking with the Human Resources Division, they determined that the best approach for the City to
utilize the attorney's services was through an LTE position.
A N A L Y SI SANALYSIS
I am proposing a budget adjustment to allow the City Attorney's office to fund LTE services for calendar
year 2024 (future years would be determined and included in future budget requests). We are
anticipating an average of about 10 hours per month for these services. The LTE services would provide
significant savings over current outside counsel costs for these services.
FI SC A L I M P A CTFISCAL I M P A C T
The requested amendment is to transfer $8,000 from Account No. 0100-0914-6403-11152 Legal Professional
Services -- General topics and Prosecution (not Inspections Division), Outside Counsel, Experts and
Services, Filing Fees, Court Reporters to Account No. 01000030-6103 Operating Budget. The Legal
Professional Services account is the account that is normally used to pay outside counsel. While our
anticipated average hours could be covered with a lower figure, I am proposing a transfer of $8000 in
order to allow the department some flexibility in the event we use the LTE services for additional coverage
during the year.
REC O M M E N D A TI ONRECOMMENDATION
I recommend that Common Council approve this Amendment to the 2024 Operating Budget to fund LTE
services in the Legal Department.
A t t a chment sAttachments
Res 24-51
02/13/2024 24-51 RESOLUTION
PURPOSE: APPROVE AMENDMENT TO 2024 OPERATING BUDGET TO PROVIDE FUNDING FOR LIMITED TERM
EMPLOYEE (LTE) SERVICES IN THE LEGAL DEPARTMENT ($8,000.00)
INITIATED BY : Legal Department
WHEREAS, the Common Council has adopted the 2024 Operating Budget, which is on file in the Office of
the City Clerk and available for public inspection; and
WHEREAS, it is necessary to amend the 2024 Legal Department Operating Budget to provide funding for
LTE services in the Legal Department.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the 2024 Operating
Budget, on file in the City Clerk's Office, is hereby amended as follows:
To transfer $8,000 from Account No. 0100-0914-6403-11152 Legal Professional Services – General topics and
Prosecution (not Inspections Division), Outside Counsel, Experts and Services, Filing Fees, Court Reporters to
Account No. 01000030-6103 Operating Budget.
TO :T O :Honorable Mayor and Members of the Common Council
FRO M :FRO M :Kelly Nieforth, Director of Community Development
D A TE :D A T E :February 13, 2024
SUB JEC T:SUB JEC T :Res 24-52 Approve Granting an Easement to Wisconsin Public Service (WPS) for Mill on Main,
LLC Development (Redevelopment Authority Recommends Approval)
B A C KGRO UN DBACKGROUND
The Redevelopment Authority (RDA) currently has a Ground Lease and Development Agreement with
the developers of the Mill on Main. The properties will be transferred from the RDA to Mill on Main LLC
once the project is constructed and a Voluntary Party Liability Exemption (VPLE) from the Wisconsin
Department of Natural Resources (WDNR) is obtained.
A N A L Y SI SANALYSIS
WPS is requesting easements on the RDA property in an effort to provide service to the future
development. City staff worked with T Wall representatives to ensure that the easements will meet their
needs for service and are acceptable to them as the Mill on Main, LLC will eventually be the owner of
the property.
REC O M M E N D A TI ONRECOMMENDATION
The Redevelopment Authority recommended approval of the Electric and Gas Easements to Wisconsin
Public Service to provide service to the Mill on Main project an RDA property with findings on January
18th, 2024.
A t t a chment sAttachments
Res 24-52
RDA Mill on Main Easements
2/13/2024 24-52 RESOLUTION
PURPOSE: APPROVE GRANTING AN EASEMENT TO WISCONSIN PUBLIC SERVICE (WPS) FOR THE MILL ON MAIN,
LLC
INITIATED BY : CITY ADMINISTRATION
REDEVELOPMENT AUTHORITY RECOMMENDATION: Approved
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the City hereby grants
electric and gas easements to the Mill on Main, LLC within the Sawdust District to Wisconsin Public Service for
providing service to the Mill on Main, LLC redevelopment project, per the attached, and the proper City
officials are authorized and directed to execute any and all documents necessary for purposes of same.
3310307 Easement
THIS INDENTURE is made this ______ day of ______________,
______, by and between Redevelopment Authority of the City of
Oshkosh, ("Grantor") and WISCONSIN PUBLIC SERVICE
CORPORATION, a Wisconsin Corporation, along with its
successors and assigns (collectively, "Grantee") for good and valuable
consideration, the receipt and sufficiency of which are hereby
acknowledged, Grantor, owner of land, hereby grants and warrants to,
Grantee, a permanent easement upon, within, beneath, over and across
a part of Grantor’s land hereinafter referred to as "easement area"
more particularly described as follows:
Part of Lots 1, 2, 3 and 4 of Certified Survey Map No.
8005 Recorded in the Winnebago County Register of
Deeds as Document 1899509, being part of the
Southwest Quarter (SW1/4) of Section 24 Township 18
N, Range 16 E, City of Oshkosh, County of
Winnebago, State of Wisconsin, as shown on the
attached Exhibit “A”.
Return to:
Wisconsin Public Service Corp.
Real Estate Dept.
P.O. Box 19001
Green Bay, WI 54307-9001
Tax Parcel Identification Number (PIN)
0301331200; 0301550400;
0301550500; 0301390300
1. Purpose: ELECTRIC UNDERGROUND and GAS - The purpose of this easement is to construct, install,
operate, maintain repair, replace and extend underground utility facilities, conduit and cables, electric pad-
mounted transformers, manhole, electric pad-mounted vacuum fault interrupter, concrete slabs, power
pedestals, riser equipment, terminals and markers, together with all necessary and appurtenant equipment
under and above ground, as well as pipeline or pipelines with valves, tieovers, main laterals and service
laterals, together with all necessary and appurtenant equipment under and above ground, including cathodic
protection apparatus used for corrosion control, as deemed necessary by Grantee, for the transmission and
distribution of electric energy, signals, television and telecommunications services; natural gas and all by-
products thereof, or any liquids, gases, or substances which can or may be transported or distributed through
a pipeline, including the customary growth and replacement thereof. Trees, bushes, branches and roots may
be trimmed or removed so as not to interfere with Grantee's use of the easement area.
2. Access: Upon Grantor’s written consent, except in an emergency, Grantee shall have the right to enter on
and across any of the Grantor’s property outside of the easement area as may be reasonably necessary to gain
access to the easement area and as may be reasonably necessary for the construction, installation, operation,
maintenance, inspection, removal or replacement of the Grantee’s facilities, which shall be limited, to the
extent practicable, to right-of-way or existing roads located on the property
3. Buildings or Other Structures: Grantor agrees that no structures will be erected in the easement area or in
such close proximity to Grantee's facilities as to create a violation of all applicable State of Wisconsin electric
and gas codes or any amendments thereto.
4. Elevation: Grantor agrees that the elevation of the ground surface existing as of the date of the initial
installation of Grantee's facilities within the easement area will not be altered by more than 4 inches without
the written consent of Grantee.
5. Restoration: Grantee agrees to restore or cause to have restored Grantor's land, as nearly as is reasonably
possible, to the condition existing prior to such entry by Grantee or its agents. This restoration, however, does
not apply to any trees, bushes, branches or roots within the easement area, which may interfere with Grantee's
use of the easement area.
6.Exercise of Rights: It is agreed that the complete exercise of the rights herein conveyed may be gradual and
not fully exercised until sometime in the future, and that none of the rights herein granted shall be lost by non-
use.
7.Binding on Future Parties: This grant of easement shall be binding upon and inure to the benefit of the
heirs, successors and assigns of all parties hereto.
8.Easement Review: Grantor acknowledges receipt of materials which describe Grantor’s rights and options
in the easement negotiation process and furthermore acknowledges that Grantor has had at least 5 days to
review this easement document or voluntarily waives the five day review period.
[REMAINDER OF PAGE LEFT BLANK]
WITNESS the hand and seal of the Grantor the day and year first above written
Redevelopment Authority of the City of Oshkosh
Organization name
Sign Name
Print name & title
Sign Name
Print name & title
STATE
OF
)
)SS
COUNTY
OF
)
This instrument was acknowledged before me this _______ day of ___________________, _______, by the
above-named_________________________________________________________ Redevelopment Authority
of the City of Oshkosh, to me known to be the Grantor(s) who executed the foregoing instrument on behalf of
said Grantor(s) and acknowledged the same
Sign Name
Print Name
Notary Public, State of
My Commission expires:
This instrument drafted by: Michelle Somers
Wisconsin Public Service Corporation
REMS Entity ID WR Number Document ID REMS Formatted Number
1470415 WMIS-3371644 3310307 INT11-470-415
EXHIBIT A PART OF LOTS 1, 2, & 4 OF CERTIFIED SURVEY MAP NO. 8005, RECORDED IN
THE WINNEBAGO COUNTY REGISTER OF DEEDS DOCUMENT NUMBER 1899509;
BEING PART OF THE SOUTHWEST QUARTER (SW1/4) OF SECTION 24,
TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH,
COUNTY OF WINNEBAGO, STATE OF WISCONSIN
W1/4 CORNER
SECTION 24
T.18N., R.16E.
LOT 3
C.S.M. NO. 7947
DOC. NO. 1888688
GRANTEE:
WISCONSIN PUBLIC
SERVICE CORPORATION
P.O. BOX 19001
2830 S. ASHLAND AVE.
GREEN BAY, WI 54307-9001
GRANTOR:
REDEVELOPMENT AUTHORITY
OF THE CITY OF OSHKOSH,
A MUNICIPAL CORPORATION
215 CHURCH AVE.
OSHKOSH, WI 54901
SW CORNER
SECTION 24
T.18N., R.16E.
(CHISELED
ARROW FOUND)
P.O.B.
(SEE DETAIL ON SHEET 2 OF 5)
LOT 1
C.S.M. NO. 8005
DOC. NO. 1899509
LOT 2
C.S.M. NO. 8005
DOC. NO. 1899509
LOT 3
C.S.M. NO. 8005
DOC. NO. 1899509
MEANDER
CORNER
SH
E
E
T
3
O
F
4
SH
E
E
T
2
O
F
4
LOT 1
C.S.M.
NO. 6007
LOT 2
C.S.M.
NO. 7947
EASEMENT AREA
LOT 1
C.S.M.
NO. 7748
P.O.B.
P.O.T.
LOT 4
C.S.M. NO. 8005
DOC. NO. 1899509
(SEE DETAIL ON SHEET 3 OF 5)
EASEMENT AREA
EXISTING EASEMENT
PER DOC. NO. 1904523
EXISTING EASEMENT
PER DOC. NO. 1904523
EXISTING EASEMENT
PER DOC. NO. 1904523
P.O.T.
SH
E
E
T
3
O
F
4
SH
E
E
T
2
O
F
4
EXHIBIT A PART OF LOTS 1, 2, & 4 OF CERTIFIED SURVEY MAP NO. 8005, RECORDED IN
THE WINNEBAGO COUNTY REGISTER OF DEEDS DOCUMENT NUMBER 1899509;
BEING PART OF THE SOUTHWEST QUARTER (SW1/4) OF SECTION 24,
TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH,
COUNTY OF WINNEBAGO, STATE OF WISCONSIN
12
'
P.O.B.
P.O.T.
LOT 1
C.S.M. NO. 8005
DOC. NO. 1899509
LOT 2
C.S.M. NO. 8005
DOC. NO. 1899509
LOT 4
C.S.M. NO. 8005
DOC. NO. 1899509
EASEMENT AREA
EXISTING EASEMENT
PER DOC. NO. 1904523
EXISTING EASEMENT
PER DOC. NO. 1904523
P.O.B.
P.O.T.
12
'
10'
EXISTING EASEMENT
PER DOC. NO. 1904523
12'
LOT 3
C.S.M. NO. 8005
DOC. NO. 1899509
GRANTEE:
WISCONSIN PUBLIC
SERVICE CORPORATION
P.O. BOX 19001
2830 S. ASHLAND AVE.
GREEN BAY, WI 54307-9001
GRANTOR:
REDEVELOPMENT AUTHORITY
OF THE CITY OF OSHKOSH,
A MUNICIPAL CORPORATION
215 CHURCH AVE.
OSHKOSH, WI 54901
NOTE: SEE LINE TABLE
ON SHEET 4 OF 5
12
'
1
2
'
10'
10' WIDE
SH
E
E
T
3
O
F
4
SH
E
E
T
2
O
F
4
EXHIBIT A PART OF LOTS 1, 2, & 4 OF CERTIFIED SURVEY MAP NO. 8005, RECORDED IN
THE WINNEBAGO COUNTY REGISTER OF DEEDS DOCUMENT NUMBER 1899509;
BEING PART OF THE SOUTHWEST QUARTER (SW1/4) OF SECTION 24,
TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH,
COUNTY OF WINNEBAGO, STATE OF WISCONSIN
P.O.B.
P.O.T.
EASEMENT AREA
EXISTING EASEMENT
PER DOC. NO. 1904523
EXISTING EASEMENT
PER DOC. NO. 1904523
GRANTEE:
WISCONSIN PUBLIC
SERVICE CORPORATION
P.O. BOX 19001
2830 S. ASHLAND AVE.
GREEN BAY, WI 54307-9001
GRANTOR:
REDEVELOPMENT AUTHORITY
OF THE CITY OF OSHKOSH,
A MUNICIPAL CORPORATION
215 CHURCH AVE.
OSHKOSH, WI 54901
12
'
12'LOT 2
C.S.M. NO. 7947
DOC. NO. 1888688LOT 1
C.S.M. NO. 6007
DOC. NO. 1418291
LOT 4
C.S.M. NO. 8005
DOC. NO. 1899509
LOT 3
C.S.M. NO. 8005
DOC. NO. 1899509
LOT 4
C.S.M. NO. 8005
DOC. NO. 1899509
NOTE: SEE LINE TABLE
ON SHEET 4 OF 5
12
'
EXHIBIT A PART OF LOTS 1, 2, & 4 OF CERTIFIED SURVEY MAP NO. 8005, RECORDED IN
THE WINNEBAGO COUNTY REGISTER OF DEEDS DOCUMENT NUMBER 1899509;
BEING PART OF THE SOUTHWEST QUARTER (SW1/4) OF SECTION 24,
TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH,
COUNTY OF WINNEBAGO, STATE OF WISCONSIN
GRANTEE:
WISCONSIN PUBLIC
SERVICE CORPORATION
P.O. BOX 19001
2830 S. ASHLAND AVE.
GREEN BAY, WI 54307-9001
GRANTOR:
REDEVELOPMENT AUTHORITY
OF THE CITY OF OSHKOSH,
A MUNICIPAL CORPORATION
215 CHURCH AVE.
OSHKOSH, WI 54901
EXHIBIT A PART OF LOTS 1, 2, & 4 OF CERTIFIED SURVEY MAP NO. 8005, RECORDED IN
THE WINNEBAGO COUNTY REGISTER OF DEEDS DOCUMENT NUMBER 1899509;
BEING PART OF THE SOUTHWEST QUARTER (SW1/4) OF SECTION 24,
TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH,
COUNTY OF WINNEBAGO, STATE OF WISCONSIN
GRANTEE:
WISCONSIN PUBLIC
SERVICE CORPORATION
P.O. BOX 19001
2830 S. ASHLAND AVE.
GREEN BAY, WI 54307-9001
GRANTOR:
REDEVELOPMENT AUTHORITY
OF THE CITY OF OSHKOSH,
A MUNICIPAL CORPORATION
215 CHURCH AVE.
OSHKOSH, WI 54901
EASEMENT AREA DESCRIPTION
Part of Lots One (1), Two (2), & Four (4) of Certified Survey Map Number 8005 recorded as Document No. 1899509 of
Winnebago County Records; being part of the Southwest Quarter (SW1/4) of Section Twenty-Four (24), Township
Eighteen (18) North, Range Sixteen (16) East, City of Oshkosh, Winnebago County, State of Wisconsin containing 16,765
square feet (0.385 acres) of land and being described by:
Commencing at the Southwest Corner of said Section 24; thence N00°-15'-31"W along the west line of the SW1/4 of said
Section 24, a distance of 522.03 feet; thence S89°-45'-48"E 1587.70 feet to a point on a southwesterly line of an easement
recorded in Document Number 1904523 of Winnebago County Records and the point of beginning; thence S55°-29'-06"E
along said southwesterly line, a distance of 12.06 feet; thence S29°-01'-24"W 101.95 feet; thence S37°-12'-35"W 106.37
feet; thence S53°-23'-21"E 9.29 feet; thence N37°-18'-45"E 10.06 feet; thence S52°-41'-15"E 10.00 feet; thence
S37°-18'-45"W 26.03 feet; thence S00°-01'-36"W 95.55 feet; thence N90°-00'-00"E 223.91 feet; thence N00°-40'-52"E 63.14
feet; thence S89°-19'-08"E 206.71 feet to a point on a southwesterly line of an easement recorded in Document Number
1904523 of Winnebago County Records; thence S43°-14'-06"E along said southwesterly line, a distance of 16.66 feet;
thence N89°-19'-08"W 206.26 feet; thence S00°-40'-52"W 63.00 feet; thence N90°-00'-00"W 174.54 feet; thence
S01°-06'-34"W 89.22 feet; thence S89°-55'-17"W 12.00 feet; thence N01°-06'-34"E 89.24 feet; thence N90°-00'-00"W 41.62
feet; thence S01°-33'-24"E 89.31 feet; thence S89°-55'-17"W 12.00 feet; thence N01°-33'-24"W 84.09 feet; thence
N89°-19'-08"W 60.21 feet; thence S00°-01'-03"W 35.93 feet; thence N89°-58'-57"W 12.00 feet; thence N00°-01'-03"E 48.07
feet; thence S89°-19'-08"E 66.46 feet; thence N00°-01'-36"E 26.00 feet; thence N89°-19'-08"W 269.03 feet to a point on a
east line of an easement recorded in Document Number 1904523 of Winnebago County Records; thence N00°-01'-36"E
along said east line, a distance of 12.00 feet; thence S89°-19'-08"E 269.03 feet; thence N00°-01'-36"E 75.24 feet; thence
N53°-23'-21"W 15.73 feet; thence N37°-12'-35"E 117.63 feet; thence N29°-01'-24"E 102.24 feet to the point of beginning;
being subject to any and all easements and restrictions of record.
TO :T O :Honorable Mayor and Members of the Common Council
FRO M :FRO M :Mark Lyons, Planning Services Manager
D A TE :D A T E :February 13, 2024
SUB JEC T:SUB JEC T :Res 24-53 Approve Conditional Use Permit for a Personal Storage Facility Located at 1990
Walter Court (Plan Commission Recommends Approval)
B A C KGRO UN DBACKGROUND
The subject site consists of a 0.44-acre parcel with frontage on Walter Court and Algoma Boulevard. The
site has a 5,234 sq. ft. building currently used as office space with indoor storage utilized by the owner
and was previously used as an exercise facility (King Fitness). The 2040 Comprehensive Land Use Plan
recommends Mixed Use for the site. The site is surrounded by a mixture of commercial and industrial land
uses.
A N A L Y SI SANALYSIS
The applicant is proposing to add climate-controlled storage units to the interior of the existing building.
The proposed personal storage facility use is a conditional use in the Heavy Industrial (HI) district. The
applicant anticipates there will be up to 3 people working in the office portion of the building and 3 to 5
storage customers visiting their storage units per week. The applicant has stated that there will be no
changes to the footprint of the site or exterior of the building, with the exception of a new exterior
entrance.
FI SC A L I M P A CTFISCAL I M P A C T
Approval of this may result in a minor increase in the assessed property value for the site. The applicant is
anticipating spending approximately $21,000 on the proposed project.
REC O M M E N D A TI ONRECOMMENDATION
The Plan Commission recommended approval of the requested conditional use permit request for a
personal storage facility at 1990 Walter Court with findings on February 6, 2024. Please see the attached
staff report and meeting minutes for more information.
A t t a chment sAttachments
Res 24-53
CUP - 1990 Walter Ct
2/13/2024 24-53 RESOLUTION
PURPOSE: APPROVE CONDITIONAL USE PERMIT A PERSONAL STORAGE FACILITY LOCATED AT 1990 WALTER
COURT
INITIATED BY : EXCEL ENGINEERING, INC.
PLAN COMMISSION RECOMMENDATION: Approved w/ findings
WHEREAS, the Plan Commission finds that the Conditional Use Permit for a Storage Facility use at 1990
Walter Court, is consistent with the criteria established in Sections 30-62(C) and 30-382 of the Oshkosh Zoning
Ordinance.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that a conditional use
permit for a Storage Facility use at 1990 Walter Court, per the attached, is hereby approved, with the
following findings:
Is in harmony with the Comprehensive Plan. 1.
Would not result in a substantial or undue adverse impact on nearby property, the character of the
neighborhood, environmental factors, traffic factors, parking, public improvements, public property or
rights-of-way, or other matters affecting the public health, safety, or general welfare.
2.
Maintains the desired consistency of land uses, land use intensities, and land use impacts as related to
the environs of the subject property.
3.
The conditional use is located in an area that will be adequately served by, and will not impose an
undue burden on, any of the improvements, facilities, utilities or services provided by public or private
agencies serving the subject property.
4.
The potential public benefits outweigh any potential adverse impacts of the proposed conditional use,
after taking into consideration the applicant’s proposal and any requirements recommended by the
applicant to ameliorate such impacts.
5.
ITEM: PUBLIC HEARING: CONDITIONAL USE PERMIT REQUEST FOR A
PERSONAL STORAGE FACILITY AT 1990 WALTER COURT
Plan Commission meeting of February 6, 2024.
GENERAL INFORMATION
Applicant: Excel Engineering, Inc.
Owner: Mokler Properties, Inc.
Action(s) Requested:
The applicant is requesting a Conditional Use Permit for a personal storage facility at 1990
Walter Court.
Applicable Ordinance Provisions:
Personal Storage Facility land uses are permitted only through a Conditional Use Permit (CUP)
in the Heavy Industrial Zoning District (HI) as regulated in Section 30-62 (C) of the Zoning
Ordinance. Criteria used for Conditional Use Permits are located in Section 30-382 of the Zoning
Ordinance.
Property Location and Background Information:
The subject site consists of a 0.44-acre parcel with frontage on Walter Court and Algoma
Boulevard. The site has a 5,234 sq. ft. building currently used as office space with indoor
storage utilized by the owner and was previously used as an exercise facility (King Fitness).
The 2040 Comprehensive Land Use Plan recommends Mixed Use for the site. The site is
surrounded by a mixture of commercial and industrial land uses.
Subject Site:
Existing Land Use Zoning
Office/indoor storage HI
Recognized Neighborhood Organizations
N/A
Adjacent Land Use and Zoning:
Existing Uses Zoning
North Commercial HI
South Commercial HI
West Industrial HI
East Industrial HI
Comprehensive Plan Land Use Recommendation Land Use
2040 Comprehensive Land Use Plan Recommendation Mixed Use
ANALYSIS
The applicant is proposing to add climate-controlled storage units to the interior of the existing
building. The proposed personal storage facility use is a conditional use in the Heavy Industrial
(HI) district. The applicant anticipates there will be up to 3 people working in the office portion
of the building and 3 to 5 storage customers visiting their storage units per week. The applicant
has stated that there will be no changes to the footprint of the site or exterior of the building,
with the exception of a new exterior entrance.
Staff is supportive of the proposed personal storage facility as the use will be compatible with
surrounding industrial land uses. The use is also compatible with zoning of the surrounding
area, which is entirely zoned Heavy Industrial. The existing 10 parking stalls is sufficient for
the small-scale office and storage uses on the site, which requires 7 parking stalls per the code
minimum of one parking space per employee and 1 space per 300 sq. ft. of office space.
Google Street View of subject property from Algoma Blvd.
RECOMMENDATION/CONDITIONS
In its review and recommendation to the Common Council on an application for a Conditional
Use Permit, staff recommends the Plan Commission make the following findings based on the
criteria established by Chapter 30-382 (F)(3):
(1) Is in harmony with the Comprehensive Plan.
(2) Would not result in a substantial or undue adverse impact on nearby property, the
character of the neighborhood, environmental factors, traffic factors, parking, public
improvements, public property or rights-of-way, or other matters affecting the public
health, safety, or general welfare.
(3) Maintains the desired consistency of land uses, land use intensities, and land use
impacts as related to the environs of the subject property.
(4) The conditional use is located in an area that will be adequately served by, and will not
impose an undue burden on any of the improvements, facilities, utilities or services
provided by public or private agencies serving the subject property.
(5) The potential public benefits outweigh any potential adverse impacts of the proposed
conditional use, after taking into consideration the applicant’s proposal and any
requirements recommended by the applicant to ameliorate such impacts.
Staff recommends approval of the proposed Conditional Use Permit for a personal storage
facility use at 1990 Walter Court as proposed with the findings listed above.
RECOMMENDATION/CONDITIONS
The Plan Commission recommended approval for a Conditional Use Permit for a personal
storage facility at the subject site with findings on February 6, 2024. The following is Plan
Commission’s Discussion on the item.
Site Inspections Report: Mr. Nichols, Mr. Bowen, and Mr. Ulrich reported visiting the site.
Staff report accepted as part of the record.
The applicant is requesting a Conditional Use Permit for a personal storage facility at 1990
Walter Court. Personal Storage Facility land uses are permitted only through a Conditional Use
Permit (CUP) in the Heavy Industrial Zoning District (HI) as regulated in Section 30-62 (C) of
the Zoning Ordinance. Criteria used for Conditional Use Permits are located in Section 30-382 of
the Zoning Ordinance.
Mr. Slusarek presented the items and reviewed the site and surrounding area as well as the land
use and zoning classifications in this area. The subject site consists of a 0.44-acre parcel with
frontage on Walter Court and Algoma Boulevard. The site has a 5,234 sq. ft. building currently
used as office space with indoor storage utilized by the owner and was previously used as an
exercise facility (King Fitness). The surrounding area is predominantly industrial and
commercial uses.
The applicant is proposing to add climate-controlled storage units to the interior of the existing
building. The proposed personal storage facility use is a conditional use in the Heavy Industrial
(HI) district. There will be no changes to the footprint of the site or exterior of the building,
with the exception of a new exterior entrance located on the north side.
Staff is supportive of the proposed personal storage facility as the use will be compatible with
surrounding industrial land uses. The use is also compatible with zoning of the surrounding
area, which is entirely zoned Heavy Industrial. The existing 10 parking stalls is sufficient for
the small-scale office and storage uses on the site, which requires 7 parking stalls per the code.
Staff recommends approval of the proposed Conditional Use Permit with the findings listed in
the staff report.
Mr. Perry opened up technical questions to staff.
Mr. Perry opened the public hearing and asked if the applicant wanted to make any statements.
Chris Mokler, of 1931 Mount Vernon Street in Oshkosh, stated he is the owner of the property.
He asks for Plan Commission’s approval. It is a pretty simple project, as staff reported, with the
only visible change being an exterior door on the side of the building. All other changes to the
building are interior. There will not be much more traffic because this is only a small number of
climate controlled storage. He made himself available for any questions.
Mr. Perry asked if other members of the public wished to speak.
Mr. Perry closed public comments.
There was no closing statement from the applicant.
Motion by Ulrich to adopt the findings and recommendation as stated in the staff report.
Seconded by Scheuermann.
Mr. Perry asked if there was any discussion on the motion.
Mr. Perry stated this is not the first-time properties in this area have come to Plan Commission.
The issue in the past has always been changing the zoning and it would have created some type
of island. This is a use that does not do any of that kind of thing, so it is very appropriate for
the way it already is. He is excited to see that we’ve been able to develop the area as it was
intended.
Motion carried 9-0
Christopher J Mokler & Associates
CUP Narra�ve
December 20, 2023
The proposed use of the property is adding climate-controlled storage units within the interior of the building with
one entrance door being added. Thus, there are no no�ceable changes to the exterior of the property as viewed by
the general public.
The current use is an office with storage for owners with a vacant space where the climate-controlled storage will
be located. There is one large main building that contains the office and storage por�on for the owners, and a
future climate-controlled storage area. There is also a small garage to the rear of the property.
We project there will be up to 3 people working in the office por�on of the building and 3 to 5 storage customers
visi�ng their storage units per week. There is more than sufficient parking.
There will be no addi�onal exterior construc�on. All construc�on is within the current structure, with the only
changes being the addi�on of an exterior entrance.
There should be no effects to surrounding proper�es as all the changes are within the current building and
vehicular traffic will be less than previous uses.
The climate-controlled facility will only be accessible 8am to 8pm 7 days a week. An electronic lock will be used to
enforce this.
CONDITIONAL USE PERMIT
1990 WALTER CT
PC: 02.06.2024
ERIC A FELIX
7808 COUNTY ROAD D
OMRO WI 54963
BRUCE /ROSEMARY SAMMONS
522 W MURDOCK AVE
OSHKOSH WI 54901
MOKLER PROPERTIES INC
1990 WALTER CT
OSHKOSH WI 54901
TFORCE PROPERTIES INC
8801 TRANS-CANADA HIGHWAY
STE 500
ST LAURENT QC
DENNIS C WEED
340 N LARK ST
OSHKOSH WI 54902
CHERRYLAND PROP II LLC
1107 TWIN HARBOR DR
WINNECONNE WI 54986
TOWN OF OSHKOSH
1076 COZY LN
OSHKOSH WI 54901
WALTER CT
STILLMAN DR
A
L
G
O
M
A
B
L
V
D
A
L
G
O
M
A
B
LV
D W F E R N A U A V
W F E R N A U AV
LAK E B U TT E
DES M O R T S D R
WALTER ST
WFERNAU A V
O sh k o s h Ci t y Li mi tOshkosh Ci t y Li mi t
O
s
h
k
o
s
h
C
it
y
L
i
m
it
O
s
h
k
o
s
h
C
it
y
L
i
m
it
J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam
Prepared by: City of Oshkosh, WI
Printing Date: 12/28/2023
1 in = 120 ft
1 in = 0.02 mi¯1990 WALTER CT
City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer
W E STW I N D R D
MAR I N EDR
WALTER CT
STILLMAN DR
MA
RI
N
E
D
R
W FE RN A U A V
W
F
E
R
N
A
UAV
L
A
K
E
B
U
T
T
E
D
E
S
M
O
R
T
S
D
R
LAKEBUTTEDESMORTSDR
W
A
L
T
E
R
ST
WALTER ST
A
L
G
O
M
A
B
L
V
D
·_45·_45
!"#$41
!"#$41
Oshkosh City Limit
Oshkosh City Limit
Oshkosh City Limit
Oshkosh City Limit
O
s
h
k
o
s
h
C
it
y
L
i
m
it
O
s
h
k
o
s
h
C
it
y
L
i
m
it
HI
I
I
NMU-PD
SMU
SMU-PD
UI-PD
J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam
Prepared by: City of Oshkosh, WI
Printing Date: 12/28/2023
1 in = 500 ft
1 in = 0.09 mi¯1990 WALTER CT
City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer
STILLMANDR
WALTER CT
A
L
G
O
M
A
B
L
V
D
A
L
G
O
M
A
B
LV
D
W F E R N AU AV
W FE R N A U A V
WALTER ST
W FER N A U A V
J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam
Prepared by: City of Oshkosh, WI
Printing Date: 12/28/2023
1 in = 100 ft
1 in = 0.02 mi¯1990 WALTER CT
City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer
TO :T O :Honorable Mayor and Members of the Common Council
FRO M :FRO M :Steven M. Gohde, Assistant Director of Public Works/Utilities General Manager
D A TE :D A T E :February 13, 2024
SUB JEC T:SUB JEC T :Res 24-54 Approve Professional Services Agreement with Jacobs Engineering Group, Inc. for
2024 Water Utility Technical Services ($213,770)
B A C KGRO UN DBACKGROUND
The Department of Public Works Utility Division has a variety of regulatory compliance programs and
engineering planning activities that require technical assistance. Jacobs has provided these services in
the past and has submitted a scope of services to provide these for 2024. The projects included in this
agreement include:
Water Distribution System Modeling Services -- Jacobs will provide water distribution system hydraulic
modeling services on an on-call, task order basis.
Raw Water Intakes Engineering Assistance -- The City of Oshkosh (City) completed flushing the
60" intake and raw water transmission main and identified a number of repairs and potential
modifications to improve the operation, maintenance, and reliability of the raw water supply
system. Jacobs will provide engineering services to help the City select, plan, and implement
needed improvements to address the following: zebra mussel control chloramine solution line repairs,
inlet crib modifications, and reliable backup for the 60" intake and raw water transmission main.
Risk Management Plan (RMP)/Process Safety Management (PSM) Program Plan Update and Audit --
The City maintains and adheres to its RMP/PSM Plan to help prevent releases of chlorine and
ammonia gases and to protect employees and the public in the event of a gas leak. The Water
Filtration Plant (WFP) RMP/PSM documentation was updated in 2019 and the required five (5) year
program review and update must be completed and submitted to the United States Environmental
Protection Agency by June 2024. Jacobs will update the RMP/PSM Program Plan and analyses for
the WFP chlorine gas and ammonia gas systems.
WFP Engineering Assistance -- Jacobs will provide engineering services on an on-call, task order
basis. At the request of the City, Jacobs will consult with the WFP staff on facility performance, water
quality, and regulatory compliance topics.
WFP Select Standard Operating Procedures (SOP's) Update -- WFP staff have identified SOP's
pertaining to dual media filtration, ozonation, and backup free chlorine disinfection that need to be
updated. In conjunction with updating the SOP's, the City would like to develop supplemental
operating guidance for unusual situations, including conditions during construction of related WFP
improvement projects and removal of unit processes for routine maintenance.
Lead and Copper Rule Compliance Assistance -- Jacobs will provide WFP Supervisory Control and
Data Acquisition (SCADA) system integration submittal review and software programming services
for the corrosion control treatment chemical feed system improvements in support of the City's
Project Engineer and the City's construction contractor.
A N A L Y SI SANALYSIS
Jacobs has provided services for the Water Utility for the past several years and has the institutional
knowledge of these programs and staff with the experience and expertise necessary to complete this
work in an effective and efficient manner.
FI SC A L I M P A CTFISCAL I M P A C T
This work will be funded with Water Utility Operating funds approved in the 2024 Water Utility Operating
Budget (Account #0541186X-64XX-XXXXX/Multiple Accounts).
REC O M M E N D A TI ONRECOMMENDATION
Chapter 12 of the Municipal Code of the City of Oshkosh (Code) provides that professional services of a
specialized nature, including engineering services, may be procured without the use of formal, sealed
quotes. I have reviewed the agreement and in accordance with Section 12-16 of the Code, I am hereby
recommending the Common Council approve this agreement.
A t t a chment sAttachments
Res 24-54
Jacobs 2024 Wtr Util Tech Serv Agreement
02/13/2024 24-54 RESOLUTION
PURPOSE: APPROVE PROFESSIONAL SERVICES AGREEMENT WITH JACOBS ENGINEERING GROUP, INC. FOR 2024
WATER UTILITY TECHNICAL SERVICES ($213,770.00)
INITIATED BY : DEPARTMENT OF PUBLIC WORKS
BE IT FURTHER RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are
hereby authorized to enter into and take those steps necessary to implement an appropriate professional
services agreement with Jacobs Engineering Group, Inc. for 2024 Water Utility Technical Services in the
amount of two hundred thirteen thousand seven hundred seventy-seven dollars. ($213,770.00).
Acct. No. 0541186X-64XX-XXXXX Multiple Accounts
TO :T O :Honorable Mayor and Members of the Common Council
FRO M :FRO M :Steven M. Gohde, Assistant Director of Public Works/Utilities General Manager
D A TE :D A T E :February 13, 2024
SUB JEC T:SUB JEC T :Res 24-55 Approve Professional Services Agreement with Jacobs Engineering Group for 2024
Wastewater Utility Technical Services ($282,840)
B A C KGRO UN DBACKGROUND
The Department of Public Works Wastewater Utility Division has a variety of regulatory compliance
programs and engineering planning activities that require technical assistance. Jacobs has provided
these services in the past and has submitted a scope of services to provide these for 2024. The projects
included in this agreement include:
Sanitary Sewer System Modeling Services -- This task includes technical assistance for the sewer
system modeling and engineering studies under the direction of the Engineering Division. Updates
and recalibration of the sewer system model with annual flow monitoring data collected in 2024 will
also be done.
Supervisory Control and Data Acquisition (SCADA) System Support -- The purpose of this task is to
support the Wastewater Treatment Plant (WWTP) SCADA system. Jacobs will support changes
needed due to equipment replacement, vendor software updates, changes in operating
conditions, or needs created by the facility's maintenance activities. Jacobs will also provide
integration services to investigate and remedy SCADA and telemetry system performance issues.
These services are performed on an as-needed basis.
Annual Air Permit Certification -- Activities include an annual compliance audit, review the City's
record-keeping plan for 2023, and preparation of the required annual report to be submitted to the
Wisconsin Department of Natural Resources (WDNR).
WWTP Emergency Generators Alternatives Evaluation -- As part of the 2022 Wastewater Treatment
Plant and Lift Stations Asset Management Plan Update, the City identified the need to evaluate the
WWTP emergency generators prior to investing in additional power generation equipment. The
WWTP has two (2) 880-kilowatt capacity natural gas emergency generators. The generators' cooling
system is of non-standard design and, despite modifications to improve performance, is not
consistently reliable when needed to start up engines. The generators' output capacity has
diminished and currently can power only two (2) raw sewage pumps and loads fed from Unit
Substation-1 in the event of a primary power outage. Because power outages may occur during
extreme wet weather events, sufficient standby power to operate four (4) to five (5) raw sewage
pumps (100- to 115-million gallons per day capacity) is needed. Jacobs will assist the City in
evaluating existing generator output and make recommendations to improve output.
WWTP Workplace Space Planning -- The City has identified some deficiencies in workplace space
and facility accommodations at the WWTP. While the City has implemented physical WWTP facility
changes over time to meet individual operational, maintenance, laboratory, safety, and regulatory
requirements, a formal workplace plan has not been undertaken. Jacobs will assist the City in the
development of a workspace plan that will consider WWTP needs over the next ten (10) years.
Wisconsin Pollution Discharge Elimination System (WPDES) Permit Assistance -- Jacobs will assist the
City in communication with the WDNR regarding the WPDES permit and the Phosphorus Multi-
Discharger Variance Application for Municipal Facilities. Jacobs will develop technical
documentation to address questions or issues raised by the WDNR. Jacobs will support the City in
preparation of City comments during the permit public comment period, participate in the permit
public hearing, and provide technical assistance during the public comment period as requested
by the City. Jacobs will assist the City in coordinating technical and legal review comments on the
draft permit.
Risk Management Plan (RMP)/Process Safety Management (PSM) -- The City maintains and adheres
to its WWTP RMP/PSM Plan to prevent releases of chlorine gas and to protect employees and the
public in the event of a gas leak. The WWTP RMP/PSM documentation was updated in 2019 and the
required five (5) year program review and update must be completed and submitted to the United
States Environmental Protection Agency by June 2024. Jacobs will update the RMP/PSM Program
Plan and analyses for the WWTP chlorine gas system.
Fats, Oil, and Grease (FOG) Program Assistance -- The City intends to implement a FOG Control and
Abatement Policy and FOG Program Plan that will help mitigate FOG-related collection system and
WWTP performance problems. These problems include collection system sewers where FOG
accumulations must be cleaned and flushed to the WWTP every six (6) weeks to help prevent sewer
blockages. At the WWTP, FOG contributes to troublesome foaming in the sludge digesters and
accumulates on treatment process equipment and piping, increasing required maintenance. The
FOG Control and Abatement Policy and the FOG Program Plan will be implemented by the City's
Pretreatment Coordinator with the City's existing Pretreatment Program and support the City's Sewer
Use Ordinance of Chapter 24 Wastewater Systems of the Municipal Code of the City of Oshkosh.
A N A L Y SI SANALYSIS
Jacobs has provided these services for the past several years. They have the institutional knowledge of
these programs as well as staff with the experience and expertise necessary to complete this work in an
effective and efficient manner.
FI SC A L I M P A CTFISCAL I M P A C T
This work will be funded with Wastewater Utility Operating funds approved in the 2024 Wastewater Utility
Budget (Account #055119XX-64XX/Multiple Accounts).
REC O M M E N D A TI ONRECOMMENDATION
Chapter 12 of the Municipal Code of the City of Oshkosh (Code) provides that professional services of a
specialized nature, including engineering services, may be procured without the use of formal, sealed
quotes. I have reviewed the agreement and in accordance with Section 12-16 of the Code, I am hereby
recommending the Common Council approve this agreement.
A t t a chment sAttachments
Res 24-55
Jacobs 2024 WW Util Tech Serv proposal
02/13/2024 24-55 RESOLUTION
PURPOSE: APPROVE PROFESSIONAL SERVICES AGREEMENT WITH JACOBS ENGINEERING GROUP, INC. FOR 2024
WASTEWATER UTILITY TECHNICAL SERVICES ($282,840.00)
INITIATED BY : DEPARTMENT OF PUBLIC WORKS
BE IT FURTHER RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are
hereby authorized to enter into and take those steps necessary to implement an appropriate professional
services agreement with Jacobs Engineering Group, Inc. for 2024 Water Utility Technical Services in the
amount of two hundred eighty-two thousand eight hundred forty dollars. ($282,840.00).
Acct. No. 055119XX-64XX Multiple Accounts
TO :T O :Honorable Mayor and Members of the Common Council
FRO M :FRO M :Steven M. Gohde, Assistant Director of Public Works/Utilities General Manager
D A TE :D A T E :February 13, 2024
SUB JEC T:SUB JEC T :Res 24-56 Approve CIP Amendment and Amendment No. 1 to Professional
Services Agreement with Donohue & Associates, Inc. for Wastewater Treatment Plant Lifting
Systems Improvements (+$49,707)
B A C KGRO UN DBACKGROUND
A professional services agreement with Donohue for providing designing and bidding services for the
WWTP Lifting Systems Improvements Project was reported to Council on June 13, 2023. Until the final
design was complete, preparing an estimate for construction-related services was difficult.
A N A L Y SI SANALYSIS
The scope of services requested in this amendment include the following construction-related services:
providing monthly status reports; reviewing Notice to Proceed; attending and conducting a Pre-
Construction Conference; attending construction progress meetings, as appropriate; consulting with the
City and corresponding with the Contractor regarding change orders and work change directives,
applications for payment, clarification and interpretation of the Contract Documents, and evaluating
and determining the acceptability of substitute or "or-equal" materials and equipment proposed by the
Contractor; providing technical review of shop drawings and samples; preparing, reviewing, and
documenting punchlists, preparing record documents; and visiting site and observing construction.
FI SC A L I M P A CTFISCAL I M P A C T
Staff has reviewed the amendment and the costs. The amount of this amendment is time and materials
not to exceed $49,707. This will bring the total cost for this Project to $77,622. Funding for a portion of this
Project is available in the Capital Improvements Program (Account No. 03221910-7204-65154/Sewer
Capital Fund-Machinery & Equipment-WW - Davit Crane). Additional funding for the remaining portion of
this Project is available from CIP Projects which have come in under budget:
$1,632 will be transferred from Account No. 03221910-7204-66140/Sewer Capital Fund-Machinery &
Equipment-Mowers to Account No. 03221910-7204-65154/Sewer Capital Fund-Machinery &
Equipment-WW - Davit Crane.
$19,503.36 will be transferred from Account No. 03221910-7204-64151/Sewer Capital Fund-Machinery
& Equipment-WWTP Plant Equip Replcmnt to Account No. 03221910-7204-65154/Sewer Capital Fund-
Machinery & Equipment-WW - Davit Crane.
$18,299.64 will be transferred from Account No. 03221910-7204-65152/Sewer Capital Fund-Machinery
& Equipment-WWTP -- Digester Improvements to Account No. 03221910-7204-65154/Sewer Capital
Fund-Machinery & Equipment-WW - Davit Crane.
REC O M M E N D A TI ONRECOMMENDATION
Chapter 12 of the Municipal Code of the City of Oshkosh provides that professional services of a
specialized nature, including engineering services, may be procured without the use of formal, sealed
quotes. I have reviewed this amendment and in accordance with Section 12-16 of the Municipal Code, I
am hereby recommending the Common Council Approve this amendment and the transfer of CIP funds.
A t t a chment sAttachments
Res 24-56
23-23 Donohue CA #1
02/13/2024 24-56 RESOLUTION
PURPOSE: APPROVE CIP AMENDMENT AND AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH
DONOHUE & ASSOCIATES, INC. FOR WASTEWATER TREATMENT PLANT LIFTING SYSTEM IMPROVEMENTS
(+$49,707.00)
INITIATED BY : DEPARTMENT OF PUBLIC WORKS
WHEREAS, the Common Council has adopted the 2023 Capital Improvement Program and Budget, which
is on file in the Office of the City Clerk and available for public inspection; and
WHEREAS, it is necessary to amend the 2023 Capital Improvement Program Budget to transfer funds; and
WHEREAS, the City and Donohue & Associates, Inc. previously entered into an agreement for designing
and bidding services for the WWTP Lifting Systems Improvements Project; and
WHEREAS, staff has requested additional services related to this project.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the 2023 Capital
Improvements Budget, on file in the City Clerk’s Office, is hereby amended as follows:
o To transfer $1,632.00 from Account No. 03221910-7204-66140 (Sewer Capital Fund-Machinery &
Equipment-Mowers) to Account No. 03221910-7204-65154 (Sewer Capital Fund-Machinery & Equipment-WW
- Davit Crane).
o To transfer $19,503.36 from Account No. 03221910-7204-64151 (Sewer Capital Fund-Machinery &
Equipment-WWTP Plant Equip Replcmnt) to Account No. 03221910-7204-65154 (Sewer Capital
Fund-Machinery & Equipment-WW - Davit Crane).
o To transfer $18,299.64 from Account No. 03221910-7204-65152 (Sewer Capital Fund-Machinery &
Equipment-WWTP – Digester Improvements) to Account No. 03221910-7204-65154 (Sewer Capital
Fund-Machinery & Equipment-WW - Davit Crane).
BE IT FURTHER RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are
hereby authorized to enter into and take those steps necessary to implement an appropriate amended
professional services agreement with Donohue & Associates, Inc. for designing and bidding services for the
WWTP Lifting Systems Improvements Project in the amount of forty-nine thousand seven hundred seven
dollars (+$49,707.00).
Acct. No. 03221910-7204-65154 Sewer Capital Fund-Machinery & Equipment-
WW - Davit Crane
TO :T O :Honorable Mayor and Members of the Common Council
FRO M :FRO M :Steven M. Gohde, Assistant Director of Public Works/Utilities General Manager
D A TE :D A T E :February 13, 2024
SUB JEC T:SUB JEC T :Res 24-57 Award Bid for Public Works Contract No. 24-08 to O&J Coatings, Inc. for Fernau
Water Tower Painting and Mixing ($986,000)
B A C KGRO UN DBACKGROUND
The Fernau Water Tower was installed and painted in 2000. Regular maintenance and inspections are
performed on the City's water towers to evaluate the overall condition of the towers. This includes the
paint that protects the metal in the water tower structures. Inspections have indicated the interior and
exterior paint on the Fernau Water Tower has started to show signs of failure and it needs to be
repainted. Typical water tower painting cycles are ten (10) to fifteen (15) years. The Project also includes
the installation of a mixing system to improve water quality in the system. Additionally, repairs and
improvements to several components of the tower are included. Some of the included items are the
installation of a Cathodic Protection System and replacement of a fall-prevention device.
A N A L Y SI SANALYSIS
Engineering staff reviewed seven (7) bids. The low Bid was received from O&J Coatings, Inc. of Hurst,
Texas. The total bid was $986,000.
FI SC A L I M P A CTFISCAL I M P A C T
Funding for the Fernau Water Tower Painting and Mixing Project is in the 2022 Capital Improvement
Program (CIP) (Account #03221810-7214-64003/Water Capital Fund-Buildings-Water Tower Improvements).
REC O M M E N D A TI ONRECOMMENDATION
I recommend awarding to the low bidder, O&J Coatings, Inc. in the amount of $986,000.
A t t a chment sAttachments
Res 24-57
24-08 bid tab
02/13/2024 24-57 RESOLUTION
PURPOSE: AWARD BID FOR PUBLIC WORKS CONTRACT NO. 24-08 TO O&J COATINGS, INC. FOR FERNAU WATER
TOWER PAINTING AND MIXING ($986,000.00)
INITIATED BY : DEPARTMENT OF PUBLIC WORKS
WHEREAS, the City of Oshkosh has heretofore advertised for bids for Fernau Water Tower Painting and
Mixing; and
WHEREAS, upon the opening and tabulation of bids, it appears that the following is the most
advantageous bid:
O&J COATINGS INC
1720 Cynthia Lane
Hurst, TX 76054
Total Bid: $986,000.00
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the said bid is hereby
accepted and the proper City officials are hereby authorized and directed to enter into an appropriate
agreement for the purpose of same, all according to plans, specifications, and bid on file.
Money for this purpose is hereby appropriated from:
Acct No. 03221810-7214-64003 Water Capital Fund-Buildings-Water Tower Improvements
Contract 24-08 - Fernau Water Tower Painting and Mixing (#8903415)
Owner: Oshkosh WI, City of
Solicitor: Dixon Engineering, Inc.
Bid Opening: 01/29/2024 11:00 AM CST
Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension
Section 1 $986,000.00 $1,116,287.00
10000
Total price for Contract
24-08 Fernau Water
Tower Painting and
Mixing which is the sum
of prices from the
Schedule of Values -
Section 00 54 00; complete
as specified Lump Sum 1.00 $986,000.00 $986,000.00 $1,116,287.00 $1,116,287.00
Bid Total:$986,000.00 $1,116,287.00
O&J COATINGS INC
1720 Cynthia Lane
Hurst,TX 76054
Tank Pro, Inc.
I:\Water Filtration\24-08 Fernau Wtr Twr\Administrative\Contract Information\24-08 Bid Tab_1-29-24 Page 1 of 4 1/29/2024
Contract 24-08 - Fernau Water Tower Painting and Mixing (#8903415)
Owner: Oshkosh WI, City of
Solicitor: Dixon Engineering, Inc.
Bid Opening: 01/29/2024 11:00 AM CST
Section Title Item Code Item Description UofM Quantity
Section 1
10000
Total price for Contract
24-08 Fernau Water
Tower Painting and
Mixing which is the sum
of prices from the
Schedule of Values -
Section 00 54 00; complete
as specified Lump Sum 1.00
Bid Total:
Unit Price Extension Unit Price Extension
$1,188,950.00 $1,324,000.00
$1,188,950.00 $1,188,950.00 $1,324,000.00 $1,324,000.00
$1,188,950.00 $1,324,000.00
Classic Protective Coatings Inc.LC United Painting
I:\Water Filtration\24-08 Fernau Wtr Twr\Administrative\Contract Information\24-08 Bid Tab_1-29-24 Page 2 of 4 1/29/2024
Contract 24-08 - Fernau Water Tower Painting and Mixing (#8903415)
Owner: Oshkosh WI, City of
Solicitor: Dixon Engineering, Inc.
Bid Opening: 01/29/2024 11:00 AM CST
Section Title Item Code Item Description UofM Quantity
Section 1
10000
Total price for Contract
24-08 Fernau Water
Tower Painting and
Mixing which is the sum
of prices from the
Schedule of Values -
Section 00 54 00; complete
as specified Lump Sum 1.00
Bid Total:
Unit Price Extension Unit Price Extension
$1,379,250.00 $1,884,170.00
$1,379,250.00 $1,379,250.00 $1,884,170.00 $1,884,170.00
$1,379,250.00 $1,884,170.00
American Suncraft Co., Inc.Viking Industrial Painting
I:\Water Filtration\24-08 Fernau Wtr Twr\Administrative\Contract Information\24-08 Bid Tab_1-29-24 Page 3 of 4 1/29/2024
Contract 24-08 - Fernau Water Tower Painting and Mixing (#8903415)
Owner: Oshkosh WI, City of
Solicitor: Dixon Engineering, Inc.
Bid Opening: 01/29/2024 11:00 AM CST
Section Title Item Code Item Description UofM Quantity
Section 1
10000
Total price for Contract
24-08 Fernau Water
Tower Painting and
Mixing which is the sum
of prices from the
Schedule of Values -
Section 00 54 00; complete
as specified Lump Sum 1.00
Bid Total:
Unit Price Extension
$2,162,000.00
$2,162,000.00 $2,162,000.00
$2,162,000.00
TMI Coatings, Inc.
I:\Water Filtration\24-08 Fernau Wtr Twr\Administrative\Contract Information\24-08 Bid Tab_1-29-24 Page 4 of 4 1/29/2024
TO :T O :Honorable Mayor and Members of the Common Council
FRO M :FRO M :Justin Gierach, Engineering Division Manager/City Engineer
D A TE :D A T E :February 13, 2024
SUB JEC T:SUB JEC T :Res 24-58 Award Bid for Public Works Contract No. 24-07 to Dorner, Inc. for Cherry Street
Reconstruction and Prospect Avenue Water Main Construction ($5,282,786.69)
B A C KGRO UN DBACKGROUND
The purpose of this Project is to reconstruct Cherry Street, from West Irving Avenue to West New York
Avenue, and to construct a water main on Prospect Avenue, from Elmwood Avenue to Cherry Street.
Sanitary sewer and laterals, water main and laterals, and storm sewer and laterals will be installed,
replaced, or repaired, as needed, prior to placing the new concrete pavement or concrete patch.
New concrete driveway aprons will be constructed where needed, provided property owners have
returned the Construction Access Agreement the City mailed to them.
Sidewalks and drive aprons abutting properties whose property owners have not returned the
Construction Access Agreement will have partial sidewalk sections removed and patched. In 2025,
property owners will be responsible for repairing drive aprons and all patched and non-ADA compliant
sidewalks that cannot be constructed with this Project.
A N A L Y SI SANALYSIS
Engineering staff reviewed four (4) bids. The low bid was received from Dorner, Inc. of Luxemburg,
Wisconsin.
FI SC A L I M P A CTFISCAL I M P A C T
Funding for the Cherry Street Reconstruction and Prospect Avenue Water Main Construction Project is in
the 2024 Capital Improvement Program (CIP) (Account No. 03210410-6801-04407/Contract Control-
Paving-24-07 Cherry St/Prospect Ave, 03210410-6802-04407/Contract Control-Sanitary Sewer-24-07 Cherry
St/Prospect Ave, 03210410-6804-04407/Contract Control-Storm Sewer-24-07 Cherry St/Prospect Ave,
03210410-6803-04407/Contract Control-Water Main-24-07 Cherry St/Prospect Ave, 03210410-6806-
04407/Contract Control-Sidewalk-24-07 Cherry St/Prospect Ave, 03210410-6809-04407/Contract Control-
Traffic-24-07 Cherry St/Prospect Ave, and 03210410-6810-04407-Contract Control-Admin-24-07 Cherry
St/Prospect Ave).
Following is a summary of the available funds and the estimated total construction cost, including
ancillary costs such as engineering fees, landfill tipping fees, construction materials testing fees, and other
construction-related expenses. At a future Common Council meeting, additional costs for traffic
equipment for this Project will be submitted for approval. Special Assessments will be levied to adjoining
property owners per the City's Special Assessment Policy.
CIP Section CIP Funds Budgeted Estimated Total
Construction Cost
Streets $1,805,500 $1,449,382
Storm Sewer $1,431,500 $1,283,292
Sanitary Sewer $1,404,500 $1,280,576
Water Main $2,627,600 $1,573,228
Sidewalk $202,700 $68,836
Traffic $450,000 $263,767
Admin $6,000 $6,000
Totals $7,927,800 $5,925,081
REC O M M E N D A TI ONRECOMMENDATION
I recommend awarding to the low bidder, Dorner, Inc., in the amount of $5,282,786.69.
A t t a chment sAttachments
Res 24-58
24-07 bid award
02/13/2024 24-58 RESOLUTION
PURPOSE: AWARD BID FOR PUBLIC WORKS CONTRACT 24-07 TO DORNER, INC. FOR CHERRY STREET
RECONSTRUCTION AND PROSPECT AVENUE WATER MAIN CONSTRUCTION ($5,282,786.69)
INITIATED BY : DEPARTMENT OF PUBLIC WORKS
WHEREAS, the City of Oshkosh has heretofore advertised for bids for Cherry Street Reconstruction and
Prospect Avenue Water Main Construction; and
WHEREAS, upon the opening and tabulation of bids, it appears that the following is the most
advantageous bid:
DORNER, INC.
E506 Luxemburg Road
Luxemburg, WI 54217
Total Bid: $5,282,786.69
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the said bid is hereby
accepted and the proper City officials are hereby authorized and directed to enter into an appropriate
agreement for the purpose of same, all according to plans, specifications, and bid on file. Money for this
purpose is hereby appropriated from:
Acct. Nos. 03210410-6801-04407 Contract Control-Paving-24-07 Cherry
St/Prospect Ave
03210410-6802-04407 Contract Control-Sanitary Sewer-24-07 Cherry
St/Prospect Ave
03210410-6804-04407 Contract Control-Storm Sewer-24-07 Cherry
St/Prospect Ave
03210410-6803-04407 Contract Control-Water Main-24-07 Cherry
St/Prospect Ave
03210410-6806-04407 Contract Control-Sidewalk-24-07 Cherry
St/Prospect Ave
03210410-6809-04407 Contract Control-Traffic-24-07 Cherry
St/Prospect Ave
03210410-6810-04407 Contract Control-Admin-24-07 Cherry
St/Prospect Ave
Contract 24-07 - Cherry Street Reconstruction and Prospect Avenue Water Main Construction (#8919769)
Owner: Oshkosh WI, City of
Solicitor: Oshkosh WI, City of
Bid Opening: 02/05/2024 11:00 AM CST
Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension
Section 1 $5,282,786.69 $5,598,600.00
1011
Clearing; complete as
specified Inch Diameter 211.00 $27.40 $5,781.40 $1.00 $211.00
1021
Grubbing; complete as
specified Inch Diameter 211.00 $20.30 $4,283.30 $1.00 $211.00
1050
Mobilization; complete as
specified Lump Sum 1.00 $298,448.00 $298,448.00 $437,100.93 $437,100.93
1100
Removing pavement;
complete as specified Square Yards 10,600.00 $2.60 $27,560.00 $3.45 $36,570.00
1110
Removing curb and
gutter; complete as
specified Linear Feet 690.00 $2.50 $1,725.00 $2.50 $1,725.00
1120
Removing concrete and
asphalt sidewalk and
driveway; complete as
specified Square Feet 42,400.00 $0.70 $29,680.00 $0.80 $33,920.00
1200
Unclassified excavation;
complete as specified Cubic Yards 3,150.00 $18.00 $56,700.00 $22.00 $69,300.00
1220
Excavation special
(paving); complete as
specified Tons 460.00 $15.40 $7,084.00 $0.01 $4.60
1301
7" concrete pavement;
with 5" CABC and
grading; complete as
specified Square Yards 9,200.00 $46.70 $429,640.00 $48.10 $442,520.00
1303
7" concrete pavement
HES; with 5" CABC and
grading; complete as
specified Square Yards 1,110.00 $50.60 $56,166.00 $52.20 $57,942.00
1308
7" concrete pavement
removal and replacement;
including sawing;
pavement ties; dowel
bars; bond breaker;
integral curb and fine
grading; turf restoration;
and traffic control;
complete as specified Square Yards 3,000.00 $60.70 $182,100.00 $63.00 $189,000.00
Dorner Inc.PTS Contractors, Inc
E506 Luxemburg Road
Luxemburg, WI 54217
I:\Engineering\2021 - 2030 Contracts\2024 CONTRACTS\24-07 Cherry St & Prospect Ave\Administrative\Contract Information\24-07 Bid Tab_2-5-24 Page 1 of 32 2/5/2024
Contract 24-07 - Cherry Street Reconstruction and Prospect Avenue Water Main Construction (#8919769)
Owner: Oshkosh WI, City of
Solicitor: Oshkosh WI, City of
Bid Opening: 02/05/2024 11:00 AM CST
Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension
Dorner Inc.PTS Contractors, Inc
E506 Luxemburg Road
Luxemburg, WI 54217
1318
8" concrete pavement
removal and replacement;
including sawing;
pavement ties; dowel
bars; bond breaker;
integral curb and fine
grading; turf restoration;
and traffic control;
complete as specified Square Yards 110.00 $84.00 $9,240.00 $88.00 $9,680.00
1334
Concrete pavement gaps;
complete as specified Each 4.00 $0.01 $0.04 $0.01 $0.04
1340
Crushed aggregate base
course; complete as
specified Tons 930.00 $16.10 $14,973.00 $14.90 $13,857.00
1350
Pavement ties; complete
as specified Each 62.00 $10.00 $620.00 $10.25 $635.50
1352
Drilled dowel bars; 1";
complete as specified Each 53.00 $15.00 $795.00 $15.50 $821.50
1354
Drilled dowel bars; 1 1/4";
complete as specified Each 26.00 $17.00 $442.00 $17.00 $442.00
1360
Adjust manholes and
inlets; complete as
specified Each 67.00 $431.00 $28,877.00 $435.00 $29,145.00
1370
Turf restoration;
complete as specified Square Yards 6,650.00 $9.00 $59,850.00 $8.20 $54,530.00
1372
Restore gravel
driveway/apron;
complete as specified Square Yards 135.00 $4.40 $594.00 $26.00 $3,510.00
1380
Cold weather covering
(concrete pavement) -
single visquine; complete
as specified Square Yards 1,960.00 $0.01 $19.60 $0.01 $19.60
1390
Up-charge for late season
cold weather concrete
pavement; complete as
specified Cubic Yards 385.00 $5.10 $1,963.50 $5.15 $1,982.75
1410
12" radius curb with 6"
CABC and grading;
complete as specified Linear Feet 440.00 $16.20 $7,128.00 $15.40 $6,776.00
I:\Engineering\2021 - 2030 Contracts\2024 CONTRACTS\24-07 Cherry St & Prospect Ave\Administrative\Contract Information\24-07 Bid Tab_2-5-24 Page 2 of 32 2/5/2024
Contract 24-07 - Cherry Street Reconstruction and Prospect Avenue Water Main Construction (#8919769)
Owner: Oshkosh WI, City of
Solicitor: Oshkosh WI, City of
Bid Opening: 02/05/2024 11:00 AM CST
Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension
Dorner Inc.PTS Contractors, Inc
E506 Luxemburg Road
Luxemburg, WI 54217
1440
30" curb and gutter; 7";
with 5" CABC and
grading; complete as
specified Linear Feet 200.00 $58.30 $11,660.00 $59.10 $11,820.00
1460
Sidewalk curb; complete
as specified Linear Feet 352.00 $45.70 $16,086.40 $46.00 $16,192.00
1500
4" concrete sidewalk with
3" CABC and grading;
complete as specified Square Feet 21,500.00 $6.60 $141,900.00 $7.65 $164,475.00
1510
6" concrete sidewalk/
driveway/ramp with 3"
CABC and grading;
complete as specified Square Feet 19,700.00 $6.70 $131,990.00 $7.75 $152,675.00
1514
6" concrete sidewalk/
driveway/ramp (HES)
with 3" CABC and
grading; complete as
specified Square Feet 1,380.00 $6.80 $9,384.00 $7.90 $10,902.00
1530
6" concrete step; complete
as specified Square Feet 900.00 $60.90 $54,810.00 $61.00 $54,900.00
1540
Curb ramp detectable
warning field
(natural/non-painted);
complete as specified Square Feet 270.00 $40.60 $10,962.00 $41.00 $11,070.00
1550
No. 4 reinforcing rods -
deformed; epoxy-coated;
complete as specified Linear Feet 7,170.00 $2.00 $14,340.00 $2.05 $14,698.50
1560
Drilled No. 4 sidewalk tie
bars - deformed; epoxy-
coated; complete as
specified Each 580.00 $8.00 $4,640.00 $8.15 $4,727.00
1580
Cold weather covering
(sidewalk) - single
visquine; complete as
specified Square Feet 4,250.00 $0.01 $42.50 $0.01 $42.50
1582
Cold weather covering
(sidewalk) - double
visquine; complete as
specified Square Feet 4,250.00 $0.01 $42.50 $0.01 $42.50
I:\Engineering\2021 - 2030 Contracts\2024 CONTRACTS\24-07 Cherry St & Prospect Ave\Administrative\Contract Information\24-07 Bid Tab_2-5-24 Page 3 of 32 2/5/2024
Contract 24-07 - Cherry Street Reconstruction and Prospect Avenue Water Main Construction (#8919769)
Owner: Oshkosh WI, City of
Solicitor: Oshkosh WI, City of
Bid Opening: 02/05/2024 11:00 AM CST
Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension
Dorner Inc.PTS Contractors, Inc
E506 Luxemburg Road
Luxemburg, WI 54217
1590
Up-charge for late season
cold weather concrete
sidewalk; complete as
specified Cubic Yards 102.00 $12.20 $1,244.40 $12.25 $1,249.50
1600
Furnish and install tree;
complete as specified Each 13.00 $609.00 $7,917.00 $560.00 $7,280.00
1650
Locate existing property
monuments; complete as
specified Each 52.00 $40.00 $2,080.00 $40.00 $2,080.00
1652
Replace existing property
monuments; complete as
specified Each 52.00 $41.00 $2,132.00 $41.00 $2,132.00
1700
Sawing existing
pavement; complete as
specified Linear Feet 1,780.00 $1.75 $3,115.00 $3.10 $5,518.00
1710
Sawing concrete
pavement full depth;
complete as specified Linear Feet 315.00 $2.25 $708.75 $6.00 $1,890.00
1801
Base aggregate dense; 1-
1/4"; complete as
specified Tons 275.00 $16.10 $4,427.50 $17.30 $4,757.50
1900
Tack coat; complete as
specified Gallons 64.00 $2.50 $160.00 $2.55 $163.20
1911
4" asphaltic transition LT
with 10" CABC and
grading; complete as
specified Square Yards 750.00 $46.50 $34,875.00 $47.00 $35,250.00
1916
4" asphaltic surface LT
with 6" CABC and
grading; complete as
specified Square Yards 180.00 $67.70 $12,186.00 $71.00 $12,780.00
1917
2" asphaltic surface LT
with 6" CABC and
grading; complete as
specified Square Yards 50.00 $31.40 $1,570.00 $34.00 $1,700.00
1918
Asphaltic cold weather
paving up-charge;
complete as specified Square Yards 144.00 $24.40 $3,513.60 $25.00 $3,600.00
1971
Remove and salvage
fence; complete as
specified Linear Feet 50.00 $75.00 $3,750.00 $21.50 $1,075.00
I:\Engineering\2021 - 2030 Contracts\2024 CONTRACTS\24-07 Cherry St & Prospect Ave\Administrative\Contract Information\24-07 Bid Tab_2-5-24 Page 4 of 32 2/5/2024
Contract 24-07 - Cherry Street Reconstruction and Prospect Avenue Water Main Construction (#8919769)
Owner: Oshkosh WI, City of
Solicitor: Oshkosh WI, City of
Bid Opening: 02/05/2024 11:00 AM CST
Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension
Dorner Inc.PTS Contractors, Inc
E506 Luxemburg Road
Luxemburg, WI 54217
2000
Furnish and install 6"
storm sewer; complete as
specified Linear Feet 10.00 $65.00 $650.00 $183.00 $1,830.00
2001
Furnish and install 8"
storm sewer; complete as
specified Linear Feet 15.00 $69.00 $1,035.00 $183.00 $2,745.00
2002
Furnish and install 10"
storm sewer; complete as
specified Linear Feet 50.00 $66.00 $3,300.00 $120.00 $6,000.00
2003
Furnish and install 12"
storm sewer; complete as
specified Linear Feet 225.00 $59.00 $13,275.00 $87.00 $19,575.00
2004
Furnish and install 12"
RCP Class III storm
sewer; complete as
specified Linear Feet 65.00 $72.00 $4,680.00 $106.00 $6,890.00
2006
Furnish and install 15"
storm sewer; complete as
specified Linear Feet 20.00 $85.00 $1,700.00 $138.00 $2,760.00
2009
Furnish and install 18"
storm sewer; complete as
specified Linear Feet 50.00 $91.00 $4,550.00 $99.00 $4,950.00
2015
Furnish and install 24"
storm sewer; complete as
specified Linear Feet 175.00 $122.00 $21,350.00 $103.00 $18,025.00
2019
Furnish and install 27"
RCP Class III storm
sewer; complete as
specified Linear Feet 1,175.00 $131.00 $153,925.00 $117.00 $137,475.00
2030
Furnish and install 48"
storm sewer; complete as
specified Linear Feet 20.00 $313.00 $6,260.00 $325.00 $6,500.00
2036
Furnish and install 60"
storm sewer; complete as
specified Linear Feet 1,225.00 $302.00 $369,950.00 $292.00 $357,700.00
2055
Furnish and install 38" x
60" HERCP Class III
storm sewer; complete as
specified Linear Feet 40.00 $346.00 $13,840.00 $355.00 $14,200.00
I:\Engineering\2021 - 2030 Contracts\2024 CONTRACTS\24-07 Cherry St & Prospect Ave\Administrative\Contract Information\24-07 Bid Tab_2-5-24 Page 5 of 32 2/5/2024
Contract 24-07 - Cherry Street Reconstruction and Prospect Avenue Water Main Construction (#8919769)
Owner: Oshkosh WI, City of
Solicitor: Oshkosh WI, City of
Bid Opening: 02/05/2024 11:00 AM CST
Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension
Dorner Inc.PTS Contractors, Inc
E506 Luxemburg Road
Luxemburg, WI 54217
2195
Furnish and install 12"
storm sewer CIPP;
complete as specified Linear Feet 300.00 $51.00 $15,300.00 $51.00 $15,300.00
2201
Furnish and install
standard storm sewer
manhole (4' diameter);
complete as specified Vertical Feet 62.00 $769.00 $47,678.00 $545.00 $33,790.00
2202
Furnish and install
standard storm sewer
manhole (5' diameter);
complete as specified Vertical Feet 8.00 $1,233.00 $9,864.00 $1,040.00 $8,320.00
2205
Furnish and install
standard storm sewer
manhole (8' diameter);
complete as specified Vertical Feet 41.00 $1,699.00 $69,659.00 $1,500.00 $61,500.00
2210
Furnish and install
standard storm sewer
manhole (7' x 7' box);
complete as specified Vertical Feet 7.50 $2,037.00 $15,277.50 $1,800.00 $13,500.00
2213
Furnish and install
standard storm sewer
inlet manhole (4'
diameter); complete as
specified Vertical Feet 5.50 $866.00 $4,763.00 $675.00 $3,712.50
2235
Furnish and install Type 1
inlet (with 18" sump);
complete as specified Each 1.00 $3,701.00 $3,701.00 $3,265.00 $3,265.00
2237
Furnish and install Type 3
inlet (with 18" sump);
complete as specified Each 20.00 $3,299.00 $65,980.00 $2,550.00 $51,000.00
2400
Furnish and install 6"
storm sewer lateral;
complete as specified Linear Feet 2,040.00 $55.00 $112,200.00 $64.00 $130,560.00
2402
Furnish and install 8"
storm sewer lateral;
complete as specified Linear Feet 100.00 $57.00 $5,700.00 $81.00 $8,100.00
2404
Furnish and install storm
sewer marker balls;
complete as specified Each 130.00 $28.00 $3,640.00 $42.00 $5,460.00
I:\Engineering\2021 - 2030 Contracts\2024 CONTRACTS\24-07 Cherry St & Prospect Ave\Administrative\Contract Information\24-07 Bid Tab_2-5-24 Page 6 of 32 2/5/2024
Contract 24-07 - Cherry Street Reconstruction and Prospect Avenue Water Main Construction (#8919769)
Owner: Oshkosh WI, City of
Solicitor: Oshkosh WI, City of
Bid Opening: 02/05/2024 11:00 AM CST
Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension
Dorner Inc.PTS Contractors, Inc
E506 Luxemburg Road
Luxemburg, WI 54217
2406
Furnish and install storm
sewer clay dams;
complete as specified Each 64.00 $105.00 $6,720.00 $87.00 $5,568.00
2408
Furnish and install storm
sewer lateral inlet;
complete as specified Each 62.00 $1,115.00 $69,130.00 $800.00 $49,600.00
2414
Storm lateral inlet
adjustments; complete as
specified Each 12.00 $105.00 $1,260.00 $1.00 $12.00
2508
Furnish; install; maintain;
and remove Type D
modified inlet protection;
complete as specified Each 55.00 $105.00 $5,775.00 $77.00 $4,235.00
2510
Sediment removal - Type
D modified inlet
protection; complete as
specified Each 55.00 $10.00 $550.00 $5.00 $275.00
2512
Furnish; install; maintain;
and remove stone
tracking pad; complete as
specified Each 2.00 $500.00 $1,000.00 $1.00 $2.00
2516
Furnish; install; maintain;
and remove stone bag;
complete as specified Each 70.00 $12.00 $840.00 $11.00 $770.00
2518
Furnish; install; maintain;
and remove 12" diameter
sediment logs; complete
as specified Linear Feet 100.00 $25.00 $2,500.00 $11.00 $1,100.00
2524
Furnish; install; maintain;
and remove dewatering
tank system; complete as
specified Each 1.00 $3,500.00 $3,500.00 $1.00 $1.00
2800
Abandon 8" - 12" storm
sewer; complete as
specified Linear Feet 100.00 $9.00 $900.00 $11.00 $1,100.00
2802
Abandon 15" and larger
storm sewer; complete as
specified Linear Feet 1,650.00 $30.00 $49,500.00 $27.00 $44,550.00
2804
Remove 30" and smaller
storm sewer; complete as
specified Linear Feet 625.00 $41.00 $25,625.00 $28.00 $17,500.00
I:\Engineering\2021 - 2030 Contracts\2024 CONTRACTS\24-07 Cherry St & Prospect Ave\Administrative\Contract Information\24-07 Bid Tab_2-5-24 Page 7 of 32 2/5/2024
Contract 24-07 - Cherry Street Reconstruction and Prospect Avenue Water Main Construction (#8919769)
Owner: Oshkosh WI, City of
Solicitor: Oshkosh WI, City of
Bid Opening: 02/05/2024 11:00 AM CST
Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension
Dorner Inc.PTS Contractors, Inc
E506 Luxemburg Road
Luxemburg, WI 54217
2810
Abandon storm sewer
manholes and inlets;
complete as specified Each 10.00 $459.00 $4,590.00 $290.00 $2,900.00
2812
Remove storm sewer
manholes and inlets;
complete as specified Each 15.00 $461.00 $6,915.00 $290.00 $4,350.00
2850
Connect to existing storm
sewer main; complete as
specified Each 15.00 $1,805.00 $27,075.00 $1,650.00 $24,750.00
2852
Connect to existing storm
sewer lateral; complete as
specified Each 5.00 $248.00 $1,240.00 $190.00 $950.00
2856
Connect to existing storm
sewer manhole; complete
as specified Each 1.00 $1,706.00 $1,706.00 $390.00 $390.00
2858
Connect to existing storm
sewer inlet; complete as
specified Each 1.00 $1,192.00 $1,192.00 $390.00 $390.00
2914
Storm sewer utility line
opening (ULO); complete
as specified Each 5.00 $738.00 $3,690.00 $1.00 $5.00
2950
Excavation special
(storm); complete as
specified Tons 150.00 $14.00 $2,100.00 $1.00 $150.00
2952
Bentonite slurry dam
(storm); complete as
specified Each 2.00 $420.00 $840.00 $830.00 $1,660.00
3000
Furnish and install 8"
sanitary sewer (relay);
complete as specified Linear Feet 1,725.00 $147.00 $253,575.00 $150.00 $258,750.00
3002
Furnish and install 10"
sanitary sewer (relay);
complete as specified Linear Feet 710.00 $217.00 $154,070.00 $187.00 $132,770.00
3004
Furnish and install 12"
sanitary sewer (relay);
complete as specified Linear Feet 25.00 $161.00 $4,025.00 $356.00 $8,900.00
3060
Furnish and install 8"
sanitary sewer drop;
complete as specified Vertical Feet 6.00 $740.00 $4,440.00 $395.00 $2,370.00
I:\Engineering\2021 - 2030 Contracts\2024 CONTRACTS\24-07 Cherry St & Prospect Ave\Administrative\Contract Information\24-07 Bid Tab_2-5-24 Page 8 of 32 2/5/2024
Contract 24-07 - Cherry Street Reconstruction and Prospect Avenue Water Main Construction (#8919769)
Owner: Oshkosh WI, City of
Solicitor: Oshkosh WI, City of
Bid Opening: 02/05/2024 11:00 AM CST
Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension
Dorner Inc.PTS Contractors, Inc
E506 Luxemburg Road
Luxemburg, WI 54217
3100
Furnish and install
standard sanitary sewer
manhole (4' diameter);
complete as specified Vertical Feet 138.00 $558.00 $77,004.00 $432.00 $59,616.00
3114
Furnish and install
sanitary sewer external
manhole chimney seal;
complete as specified Each 14.00 $558.00 $7,812.00 $565.00 $7,910.00
3116
Furnish and install
sanitary sewer external
manhole chimney seal
extension; complete as
specified Each 2.00 $508.00 $1,016.00 $515.00 $1,030.00
3122
Reconstruct sanitary
sewer manhole (4'
diameter); complete as
specified Vertical Feet 9.00 $423.00 $3,807.00 $445.00 $4,005.00
3210
Furnish and install 8" x 6"
sanitary sewer factory
wyes or tees; complete as
specified Each 45.00 $186.00 $8,370.00 $185.00 $8,325.00
3212
Furnish and install 10" x
6" sanitary sewer factory
wyes or tees; complete as
specified Each 22.00 $341.00 $7,502.00 $315.00 $6,930.00
3232
Furnish and install 6"
sanitary sewer laterals
(new); complete as
specified Linear Feet 40.00 $109.00 $4,360.00 $128.00 $5,120.00
3233
Furnish and install 6"
sanitary sewer riser
(new); complete as
specified Linear Feet 5.00 $133.00 $665.00 $117.00 $585.00
3234
Furnish and install 4"/6"
sanitary sewer lateral
(relay); complete as
specified Linear Feet 2,260.00 $109.00 $246,340.00 $118.00 $266,680.00
3235
Furnish and install 4"/6"
sanitary sewer riser
(relay); complete as
specified Linear Feet 310.00 $133.00 $41,230.00 $118.00 $36,580.00
I:\Engineering\2021 - 2030 Contracts\2024 CONTRACTS\24-07 Cherry St & Prospect Ave\Administrative\Contract Information\24-07 Bid Tab_2-5-24 Page 9 of 32 2/5/2024
Contract 24-07 - Cherry Street Reconstruction and Prospect Avenue Water Main Construction (#8919769)
Owner: Oshkosh WI, City of
Solicitor: Oshkosh WI, City of
Bid Opening: 02/05/2024 11:00 AM CST
Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension
Dorner Inc.PTS Contractors, Inc
E506 Luxemburg Road
Luxemburg, WI 54217
3236
Furnish and install
sanitary sewer lateral
marker balls; complete as
specified Each 132.00 $28.00 $3,696.00 $43.00 $5,676.00
3238
Furnish and install clay
dams; complete as
specified Each 65.00 $105.00 $6,825.00 $86.00 $5,590.00
3300
Furnish and install
connection to existing 8"
sanitary sewer mains;
complete as specified Each 2.00 $1,865.00 $3,730.00 $1,990.00 $3,980.00
3304
Furnish and install
connection to existing 12"
sanitary sewer mains;
complete as specified Each 2.00 $2,208.00 $4,416.00 $2,090.00 $4,180.00
3330
Furnish and install
sanitary sewer concrete
collars; complete as
specified Each 2.00 $422.00 $844.00 $1.00 $2.00
3332
Core into existing
manhole; complete as
specified Each 2.00 $2,540.00 $5,080.00 $2,895.00 $5,790.00
3404
Furnish and install 10"
sanitary sewer open cut
casing pipes; complete as
specified Linear Feet 210.00 $257.00 $53,970.00 $118.00 $24,780.00
3600
Rock excavation;
complete as specified Cubic Yards 30.00 $0.01 $0.30 $1.00 $30.00
3700
Closed circuit televising;
complete as specified Linear Feet 2,460.00 $1.00 $2,460.00 $2.30 $5,658.00
3710
Closed circuit televising -
using push camera;
complete as specified Each 4.00 $105.00 $420.00 $1.00 $4.00
3852
Remove sanitary sewer
manholes; complete as
specified Each 1.00 $316.00 $316.00 $580.00 $580.00
3854
Remove sanitary sewer;
complete as specified Linear Feet 215.00 $64.00 $13,760.00 $38.00 $8,170.00
3890
Sanitary sewer utility line
opening (ULO); complete
as specified Each 2.00 $1,229.00 $2,458.00 $1.00 $2.00
I:\Engineering\2021 - 2030 Contracts\2024 CONTRACTS\24-07 Cherry St & Prospect Ave\Administrative\Contract Information\24-07 Bid Tab_2-5-24 Page 10 of 32 2/5/2024
Contract 24-07 - Cherry Street Reconstruction and Prospect Avenue Water Main Construction (#8919769)
Owner: Oshkosh WI, City of
Solicitor: Oshkosh WI, City of
Bid Opening: 02/05/2024 11:00 AM CST
Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension
Dorner Inc.PTS Contractors, Inc
E506 Luxemburg Road
Luxemburg, WI 54217
3892
Excavation special
(sanitary); complete as
specified Tons 40.00 $19.00 $760.00 $1.00 $40.00
3902
Furnish and install 10"
sanitary sewer CIPP;
complete as specified Linear Feet 859.50 $42.60 $36,614.70 $42.75 $36,743.63
3903
Furnish and install 12"
sanitary sewer CIPP;
complete as specified Linear Feet 1,355.00 $48.70 $65,988.50 $48.85 $66,191.75
3904
Furnish and install 15"
sanitary sewer CIPP;
complete as specified Linear Feet 150.00 $96.40 $14,460.00 $96.65 $14,497.50
3969
Furnish sanitary sewer
lateral connection air
pressure test; complete as
specified Each 20.00 $305.00 $6,100.00 $305.00 $6,100.00
3970
Furnish and install
sanitary sewer lateral
connection grouting;
complete as specified Each 20.00 $20.00 $400.00 $21.00 $420.00
3980
Furnish and install CIPP
sanitary sewer lateral
connection liner;
complete as specified Each 22.00 $3,913.00 $86,086.00 $3,925.00 $86,350.00
4000
Furnish and install 4"
ductile iron water main
(relay) with polywrap;
complete as specified Linear Feet 15.00 $127.00 $1,905.00 $246.00 $3,690.00
4002
Furnish and install 6"
ductile iron water main
(relay) with polywrap;
complete as specified Linear Feet 210.50 $104.00 $21,892.00 $125.00 $26,312.50
4004
Furnish and install 8"
ductile iron water main
(relay) with polywrap;
complete as specified Linear Feet 4,064.50 $122.00 $495,869.00 $125.00 $508,062.50
4036
Furnish and install 1"
water service (relay);
complete as specified Linear Feet 2,200.00 $69.00 $151,800.00 $95.00 $209,000.00
I:\Engineering\2021 - 2030 Contracts\2024 CONTRACTS\24-07 Cherry St & Prospect Ave\Administrative\Contract Information\24-07 Bid Tab_2-5-24 Page 11 of 32 2/5/2024
Contract 24-07 - Cherry Street Reconstruction and Prospect Avenue Water Main Construction (#8919769)
Owner: Oshkosh WI, City of
Solicitor: Oshkosh WI, City of
Bid Opening: 02/05/2024 11:00 AM CST
Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension
Dorner Inc.PTS Contractors, Inc
E506 Luxemburg Road
Luxemburg, WI 54217
4037
Furnish and install 1-1/4"
water service (relay);
complete as specified Linear Feet 45.00 $77.00 $3,465.00 $128.00 $5,760.00
4038
Furnish and install 1-1/2"
water service (relay);
complete as specified Linear Feet 90.00 $81.00 $7,290.00 $132.00 $11,880.00
4040
Furnish and install 2"
water service (relay);
complete as specified Linear Feet 45.00 $89.00 $4,005.00 $139.00 $6,255.00
4041
Furnish and install 1-1/4"
water service (relay);
complete as specified Linear Feet 1,200.00 $61.00 $73,200.00 $86.00 $103,200.00
4048
Furnish and install 1"
corporation and stop box;
complete as specified Each 62.00 $564.00 $34,968.00 $660.00 $40,920.00
4050
Furnish and install 1-1/4"
corporation and stop box;
complete as specified Each 42.00 $1,506.00 $63,252.00 $660.00 $27,720.00
4051
Furnish and install 1-1/2"
corporation and stop box;
complete as specified Each 2.00 $1,201.00 $2,402.00 $1,300.00 $2,600.00
4053
Furnish and install 2"
corporation and stop box;
complete as specified Each 1.00 $1,556.00 $1,556.00 $1,840.00 $1,840.00
4055
Furnish and install water
service clay dams;
complete as specified Each 107.00 $105.00 $11,235.00 $87.00 $9,309.00
4056
Furnish and install
connections to existing 4"
water main; complete as
specified Each 2.00 $2,065.00 $4,130.00 $1,945.00 $3,890.00
4058
Furnish and install
connections to existing 6"
water main; complete as
specified Each 4.00 $2,255.00 $9,020.00 $2,605.00 $10,420.00
4060
Furnish and install
connections to existing 8"
water main; complete as
specified Each 5.00 $2,987.00 $14,935.00 $2,704.00 $13,520.00
I:\Engineering\2021 - 2030 Contracts\2024 CONTRACTS\24-07 Cherry St & Prospect Ave\Administrative\Contract Information\24-07 Bid Tab_2-5-24 Page 12 of 32 2/5/2024
Contract 24-07 - Cherry Street Reconstruction and Prospect Avenue Water Main Construction (#8919769)
Owner: Oshkosh WI, City of
Solicitor: Oshkosh WI, City of
Bid Opening: 02/05/2024 11:00 AM CST
Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension
Dorner Inc.PTS Contractors, Inc
E506 Luxemburg Road
Luxemburg, WI 54217
4101
Furnish and install 6" x 6"
water main tee; complete
as specified Each 1.00 $578.00 $578.00 $522.00 $522.00
4110
Furnish and install 8" x 6"
water main tee; complete
as specified Each 8.00 $788.00 $6,304.00 $725.00 $5,800.00
4111
Furnish and install 8" x 8"
water main tee; complete
as specified Each 5.00 $885.00 $4,425.00 $820.00 $4,100.00
4189
Furnish and install 8" x 8"
water main cross;
complete as specified Each 1.00 $1,126.00 $1,126.00 $1,060.00 $1,060.00
4228
Furnish and install 8" 22-
1/2 degree water main
bend; complete as
specified Each 1.00 $509.00 $509.00 $445.00 $445.00
4235
Furnish and install 4" 45
degree water main bend;
complete as specified Each 4.00 $288.00 $1,152.00 $255.00 $1,020.00
4236
Furnish and install 6" 45
degree water main bend;
complete as specified Each 26.00 $375.00 $9,750.00 $7,340.00 $190,840.00
4237
Furnish and install 8" 45
degree water main bend;
complete as specified Each 10.00 $513.00 $5,130.00 $450.00 $4,500.00
4263
Furnish and install 8" x 4"
water main reducer;
complete as specified Each 2.00 $421.00 $842.00 $365.00 $730.00
4264
Furnish and install 8" x 6"
water main reducer;
complete as specified Each 4.00 $447.00 $1,788.00 $385.00 $1,540.00
4308
Furnish and install 6"
water main plug;
complete as specified Each 1.00 $228.00 $228.00 $215.00 $215.00
4352
Cut and cap existing 6"
water main; complete as
specified Each 2.00 $1,082.00 $2,164.00 $1,895.00 $3,790.00
4354
Cut and cap existing 8"
water main; complete as
specified Each 2.00 $1,247.00 $2,494.00 $1,970.00 $3,940.00
I:\Engineering\2021 - 2030 Contracts\2024 CONTRACTS\24-07 Cherry St & Prospect Ave\Administrative\Contract Information\24-07 Bid Tab_2-5-24 Page 13 of 32 2/5/2024
Contract 24-07 - Cherry Street Reconstruction and Prospect Avenue Water Main Construction (#8919769)
Owner: Oshkosh WI, City of
Solicitor: Oshkosh WI, City of
Bid Opening: 02/05/2024 11:00 AM CST
Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension
Dorner Inc.PTS Contractors, Inc
E506 Luxemburg Road
Luxemburg, WI 54217
4401
Furnish and install 6"
water main gate valve;
complete as specified Each 10.00 $1,937.00 $19,370.00 $1,880.00 $18,800.00
4402
Furnish and install 8"
water main gate valve;
complete as specified Each 30.00 $2,705.00 $81,150.00 $2,600.00 $78,000.00
4500
Furnish and install
hydrant; complete as
specified Each 8.00 $6,052.00 $48,416.00 $5,445.00 $43,560.00
4712
Furnish and install 2"
water main casing pipe;
complete as specified Linear Feet 170.00 $118.00 $20,060.00 $35.00 $5,950.00
4714
Furnish and install 4"
water main casing pipe;
complete as specified Linear Feet 20.00 $125.00 $2,500.00 $38.00 $760.00
4726
Furnish and install 18"
water main casing pipe;
complete as specified Linear Feet 12.00 $265.00 $3,180.00 $215.00 $2,580.00
4800
Rock excavation;
complete as specified Cubic Yards 70.00 $0.01 $0.70 $1.00 $70.00
4900
Abandon water main on
Cherry Street; complete
as specified Lump Sum 1.00 $3,381.00 $3,381.00 $2,895.00 $2,895.00
4902
Abandon water main on
Prospect Avenue;
complete as specified Lump Sum 1.00 $634.00 $634.00 $2,895.00 $2,895.00
4920
Remove water main;
complete as specified Linear Feet 217.00 $44.00 $9,548.00 $39.00 $8,463.00
4990
Excavation special
(water); complete as
specified Tons 30.00 $19.00 $570.00 $1.00 $30.00
5012
Furnish and install pull
box (steel); 18" x 36";
complete as specified Each 25.00 $1,269.00 $31,725.00 $1,270.00 $31,750.00
5025
Adjust pull box; complete
as specified Each 25.00 $5.10 $127.50 $1.00 $25.00
5130
Furnish and install 3"
Schedule 40 PVC;
complete as specified Linear Feet 3,450.00 $14.20 $48,990.00 $14.25 $49,162.50
I:\Engineering\2021 - 2030 Contracts\2024 CONTRACTS\24-07 Cherry St & Prospect Ave\Administrative\Contract Information\24-07 Bid Tab_2-5-24 Page 14 of 32 2/5/2024
Contract 24-07 - Cherry Street Reconstruction and Prospect Avenue Water Main Construction (#8919769)
Owner: Oshkosh WI, City of
Solicitor: Oshkosh WI, City of
Bid Opening: 02/05/2024 11:00 AM CST
Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension
Dorner Inc.PTS Contractors, Inc
E506 Luxemburg Road
Luxemburg, WI 54217
5180
Connect to existing pull
box; complete as
specified Each 2.00 $254.00 $508.00 $255.00 $510.00
5181
Connect to existing
conduit; complete as
specified Each 1.00 $203.00 $203.00 $205.00 $205.00
5230
Furnish and install 4
gauge red-coated wire;
complete as specified Linear Feet 4,850.00 $2.50 $12,125.00 $2.55 $12,367.50
5231
Furnish and install 4
gauge black-coated wire;
complete as specified Linear Feet 4,850.00 $2.50 $12,125.00 $2.55 $12,367.50
5262
Furnish and install 10
gauge green-coated wire;
complete as specified Linear Feet 3,550.00 $0.90 $3,195.00 $0.95 $3,372.50
5270
Furnish and install 12
gauge red-coated wire;
complete as specified Linear Feet 840.00 $0.80 $672.00 $0.85 $714.00
5271
Furnish and install 12
gauge black-coated wire;
complete as specified Linear Feet 840.00 $0.80 $672.00 $0.85 $714.00
5272
Furnish and install 12
gauge green-coated wire;
complete as specified Linear Feet 840.00 $0.80 $672.00 $0.85 $714.00
5282
Furnish and install 14
gauge green-coated wire;
complete as specified Linear Feet 60.00 $0.80 $48.00 $1.05 $63.00
5380
Furnish and install fuse
holder; complete as
specified Each 48.00 $56.00 $2,688.00 $56.00 $2,688.00
5386
Furnish and install 2A
fuse; complete as
specified Each 48.00 $5.00 $240.00 $6.00 $288.00
5454
Install CITY-supplied 10'
truss-type luminaire arm;
complete as specified Each 24.00 $355.00 $8,520.00 $355.00 $8,520.00
5460
Install CITY-supplied
cobra head luminaire;
complete as specified Each 24.00 $203.00 $4,872.00 $205.00 $4,920.00
I:\Engineering\2021 - 2030 Contracts\2024 CONTRACTS\24-07 Cherry St & Prospect Ave\Administrative\Contract Information\24-07 Bid Tab_2-5-24 Page 15 of 32 2/5/2024
Contract 24-07 - Cherry Street Reconstruction and Prospect Avenue Water Main Construction (#8919769)
Owner: Oshkosh WI, City of
Solicitor: Oshkosh WI, City of
Bid Opening: 02/05/2024 11:00 AM CST
Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension
Dorner Inc.PTS Contractors, Inc
E506 Luxemburg Road
Luxemburg, WI 54217
5494
Install CITY-supplied 20'
tapered pole with
transformer base;
complete as specified Each 24.00 $761.00 $18,264.00 $765.00 $18,360.00
5504
Furnish and install Type 5
base; complete as
specified Each 24.00 $1,091.00 $26,184.00 $1,095.00 $26,280.00
Bid Total:$5,282,786.69 $5,598,600.00
I:\Engineering\2021 - 2030 Contracts\2024 CONTRACTS\24-07 Cherry St & Prospect Ave\Administrative\Contract Information\24-07 Bid Tab_2-5-24 Page 16 of 32 2/5/2024
Contract 24-07 - Cherry Street Reconstruction and Prospect Avenue Water Main Construction (#8919769)
Owner: Oshkosh WI, City of
Solicitor: Oshkosh WI, City of
Bid Opening: 02/05/2024 11:00 AM CST
Section Title Item Code Item Description UofM Quantity
Section 1
1011
Clearing; complete as
specified Inch Diameter 211.00
1021
Grubbing; complete as
specified Inch Diameter 211.00
1050
Mobilization; complete as
specified Lump Sum 1.00
1100
Removing pavement;
complete as specified Square Yards 10,600.00
1110
Removing curb and
gutter; complete as
specified Linear Feet 690.00
1120
Removing concrete and
asphalt sidewalk and
driveway; complete as
specified Square Feet 42,400.00
1200
Unclassified excavation;
complete as specified Cubic Yards 3,150.00
1220
Excavation special
(paving); complete as
specified Tons 460.00
1301
7" concrete pavement;
with 5" CABC and
grading; complete as
specified Square Yards 9,200.00
1303
7" concrete pavement
HES; with 5" CABC and
grading; complete as
specified Square Yards 1,110.00
1308
7" concrete pavement
removal and replacement;
including sawing;
pavement ties; dowel
bars; bond breaker;
integral curb and fine
grading; turf restoration;
and traffic control;
complete as specified Square Yards 3,000.00
Unit Price Extension Unit Price Extension
$5,646,367.10 $5,668,388.29
$27.00 $5,697.00 $28.00 $5,908.00
$20.00 $4,220.00 $21.00 $4,431.00
$305,000.00 $305,000.00 $430,000.00 $430,000.00
$5.00 $53,000.00 $1.03 $10,918.00
$6.00 $4,140.00 $4.12 $2,842.80
$0.75 $31,800.00 $0.79 $33,496.00
$17.00 $53,550.00 $22.05 $69,457.50
$1.00 $460.00 $0.02 $9.20
$47.35 $435,620.00 $48.70 $448,040.00
$51.25 $56,887.50 $52.82 $58,630.20
$66.50 $199,500.00 $62.67 $188,010.00
Carl Bowers & Sons Const. Co., Inc.David Tenor Corporation
I:\Engineering\2021 - 2030 Contracts\2024 CONTRACTS\24-07 Cherry St & Prospect Ave\Administrative\Contract Information\24-07 Bid Tab_2-5-24 Page 17 of 32 2/5/2024
Contract 24-07 - Cherry Street Reconstruction and Prospect Avenue Water Main Construction (#8919769)
Owner: Oshkosh WI, City of
Solicitor: Oshkosh WI, City of
Bid Opening: 02/05/2024 11:00 AM CST
Section Title Item Code Item Description UofM Quantity
1318
8" concrete pavement
removal and replacement;
including sawing;
pavement ties; dowel
bars; bond breaker;
integral curb and fine
grading; turf restoration;
and traffic control;
complete as specified Square Yards 110.00
1334
Concrete pavement gaps;
complete as specified Each 4.00
1340
Crushed aggregate base
course; complete as
specified Tons 930.00
1350
Pavement ties; complete
as specified Each 62.00
1352
Drilled dowel bars; 1";
complete as specified Each 53.00
1354
Drilled dowel bars; 1 1/4";
complete as specified Each 26.00
1360
Adjust manholes and
inlets; complete as
specified Each 67.00
1370
Turf restoration;
complete as specified Square Yards 6,650.00
1372
Restore gravel
driveway/apron;
complete as specified Square Yards 135.00
1380
Cold weather covering
(concrete pavement) -
single visquine; complete
as specified Square Yards 1,960.00
1390
Up-charge for late season
cold weather concrete
pavement; complete as
specified Cubic Yards 385.00
1410
12" radius curb with 6"
CABC and grading;
complete as specified Linear Feet 440.00
Unit Price Extension Unit Price Extension
Carl Bowers & Sons Const. Co., Inc.David Tenor Corporation
$90.00 $9,900.00 $88.41 $9,725.10
$0.01 $0.04 $0.02 $0.08
$17.50 $16,275.00 $14.93 $13,884.90
$10.00 $620.00 $10.30 $638.60
$15.00 $795.00 $15.45 $818.85
$16.50 $429.00 $16.99 $441.74
$425.00 $28,475.00 $437.75 $29,329.25
$9.00 $59,850.00 $7.85 $52,202.50
$30.00 $4,050.00 $25.75 $3,476.25
$0.01 $19.60 $0.02 $39.20
$0.01 $3.85 $5.15 $1,982.75
$15.00 $6,600.00 $15.45 $6,798.00
I:\Engineering\2021 - 2030 Contracts\2024 CONTRACTS\24-07 Cherry St & Prospect Ave\Administrative\Contract Information\24-07 Bid Tab_2-5-24 Page 18 of 32 2/5/2024
Contract 24-07 - Cherry Street Reconstruction and Prospect Avenue Water Main Construction (#8919769)
Owner: Oshkosh WI, City of
Solicitor: Oshkosh WI, City of
Bid Opening: 02/05/2024 11:00 AM CST
Section Title Item Code Item Description UofM Quantity
1440
30" curb and gutter; 7";
with 5" CABC and
grading; complete as
specified Linear Feet 200.00
1460
Sidewalk curb; complete
as specified Linear Feet 352.00
1500
4" concrete sidewalk with
3" CABC and grading;
complete as specified Square Feet 21,500.00
1510
6" concrete sidewalk/
driveway/ramp with 3"
CABC and grading;
complete as specified Square Feet 19,700.00
1514
6" concrete sidewalk/
driveway/ramp (HES)
with 3" CABC and
grading; complete as
specified Square Feet 1,380.00
1530
6" concrete step; complete
as specified Square Feet 900.00
1540
Curb ramp detectable
warning field
(natural/non-painted);
complete as specified Square Feet 270.00
1550
No. 4 reinforcing rods -
deformed; epoxy-coated;
complete as specified Linear Feet 7,170.00
1560
Drilled No. 4 sidewalk tie
bars - deformed; epoxy-
coated; complete as
specified Each 580.00
1580
Cold weather covering
(sidewalk) - single
visquine; complete as
specified Square Feet 4,250.00
1582
Cold weather covering
(sidewalk) - double
visquine; complete as
specified Square Feet 4,250.00
Unit Price Extension Unit Price Extension
Carl Bowers & Sons Const. Co., Inc.David Tenor Corporation
$55.00 $11,000.00 $59.22 $11,844.00
$45.00 $15,840.00 $46.35 $16,315.20
$7.25 $155,875.00 $6.18 $132,870.00
$7.35 $144,795.00 $6.28 $123,716.00
$7.50 $10,350.00 $6.44 $8,887.20
$60.00 $54,000.00 $61.80 $55,620.00
$40.00 $10,800.00 $41.20 $11,124.00
$2.00 $14,340.00 $2.06 $14,770.20
$8.00 $4,640.00 $8.24 $4,779.20
$0.01 $42.50 $0.20 $850.00
$0.01 $42.50 $0.20 $850.00
I:\Engineering\2021 - 2030 Contracts\2024 CONTRACTS\24-07 Cherry St & Prospect Ave\Administrative\Contract Information\24-07 Bid Tab_2-5-24 Page 19 of 32 2/5/2024
Contract 24-07 - Cherry Street Reconstruction and Prospect Avenue Water Main Construction (#8919769)
Owner: Oshkosh WI, City of
Solicitor: Oshkosh WI, City of
Bid Opening: 02/05/2024 11:00 AM CST
Section Title Item Code Item Description UofM Quantity
1590
Up-charge for late season
cold weather concrete
sidewalk; complete as
specified Cubic Yards 102.00
1600
Furnish and install tree;
complete as specified Each 13.00
1650
Locate existing property
monuments; complete as
specified Each 52.00
1652
Replace existing property
monuments; complete as
specified Each 52.00
1700
Sawing existing
pavement; complete as
specified Linear Feet 1,780.00
1710
Sawing concrete
pavement full depth;
complete as specified Linear Feet 315.00
1801
Base aggregate dense; 1-
1/4"; complete as
specified Tons 275.00
1900
Tack coat; complete as
specified Gallons 64.00
1911
4" asphaltic transition LT
with 10" CABC and
grading; complete as
specified Square Yards 750.00
1916
4" asphaltic surface LT
with 6" CABC and
grading; complete as
specified Square Yards 180.00
1917
2" asphaltic surface LT
with 6" CABC and
grading; complete as
specified Square Yards 50.00
1918
Asphaltic cold weather
paving up-charge;
complete as specified Square Yards 144.00
1971
Remove and salvage
fence; complete as
specified Linear Feet 50.00
Unit Price Extension Unit Price Extension
Carl Bowers & Sons Const. Co., Inc.David Tenor Corporation
$0.01 $1.02 $12.36 $1,260.72
$625.00 $8,125.00 $550.00 $7,150.00
$95.00 $4,940.00 $41.00 $2,132.00
$10.00 $520.00 $42.00 $2,184.00
$2.00 $3,560.00 $2.00 $3,560.00
$5.00 $1,575.00 $2.50 $787.50
$17.50 $4,812.50 $17.51 $4,815.25
$2.50 $160.00 $2.58 $165.12
$47.15 $35,362.50 $38.55 $28,912.50
$67.45 $12,141.00 $71.70 $12,906.00
$31.20 $1,560.00 $34.20 $1,710.00
$0.01 $1.44 $24.75 $3,564.00
$50.00 $2,500.00 $30.00 $1,500.00
I:\Engineering\2021 - 2030 Contracts\2024 CONTRACTS\24-07 Cherry St & Prospect Ave\Administrative\Contract Information\24-07 Bid Tab_2-5-24 Page 20 of 32 2/5/2024
Contract 24-07 - Cherry Street Reconstruction and Prospect Avenue Water Main Construction (#8919769)
Owner: Oshkosh WI, City of
Solicitor: Oshkosh WI, City of
Bid Opening: 02/05/2024 11:00 AM CST
Section Title Item Code Item Description UofM Quantity
2000
Furnish and install 6"
storm sewer; complete as
specified Linear Feet 10.00
2001
Furnish and install 8"
storm sewer; complete as
specified Linear Feet 15.00
2002
Furnish and install 10"
storm sewer; complete as
specified Linear Feet 50.00
2003
Furnish and install 12"
storm sewer; complete as
specified Linear Feet 225.00
2004
Furnish and install 12"
RCP Class III storm
sewer; complete as
specified Linear Feet 65.00
2006
Furnish and install 15"
storm sewer; complete as
specified Linear Feet 20.00
2009
Furnish and install 18"
storm sewer; complete as
specified Linear Feet 50.00
2015
Furnish and install 24"
storm sewer; complete as
specified Linear Feet 175.00
2019
Furnish and install 27"
RCP Class III storm
sewer; complete as
specified Linear Feet 1,175.00
2030
Furnish and install 48"
storm sewer; complete as
specified Linear Feet 20.00
2036
Furnish and install 60"
storm sewer; complete as
specified Linear Feet 1,225.00
2055
Furnish and install 38" x
60" HERCP Class III
storm sewer; complete as
specified Linear Feet 40.00
Unit Price Extension Unit Price Extension
Carl Bowers & Sons Const. Co., Inc.David Tenor Corporation
$80.00 $800.00 $70.00 $700.00
$90.00 $1,350.00 $74.00 $1,110.00
$95.00 $4,750.00 $80.00 $4,000.00
$95.00 $21,375.00 $75.00 $16,875.00
$105.00 $6,825.00 $85.00 $5,525.00
$105.00 $2,100.00 $80.00 $1,600.00
$115.00 $5,750.00 $87.00 $4,350.00
$125.00 $21,875.00 $109.00 $19,075.00
$165.00 $193,875.00 $165.00 $193,875.00
$0.01 $0.20 $430.00 $8,600.00
$345.00 $422,625.00 $460.00 $563,500.00
$335.00 $13,400.00 $342.00 $13,680.00
I:\Engineering\2021 - 2030 Contracts\2024 CONTRACTS\24-07 Cherry St & Prospect Ave\Administrative\Contract Information\24-07 Bid Tab_2-5-24 Page 21 of 32 2/5/2024
Contract 24-07 - Cherry Street Reconstruction and Prospect Avenue Water Main Construction (#8919769)
Owner: Oshkosh WI, City of
Solicitor: Oshkosh WI, City of
Bid Opening: 02/05/2024 11:00 AM CST
Section Title Item Code Item Description UofM Quantity
2195
Furnish and install 12"
storm sewer CIPP;
complete as specified Linear Feet 300.00
2201
Furnish and install
standard storm sewer
manhole (4' diameter);
complete as specified Vertical Feet 62.00
2202
Furnish and install
standard storm sewer
manhole (5' diameter);
complete as specified Vertical Feet 8.00
2205
Furnish and install
standard storm sewer
manhole (8' diameter);
complete as specified Vertical Feet 41.00
2210
Furnish and install
standard storm sewer
manhole (7' x 7' box);
complete as specified Vertical Feet 7.50
2213
Furnish and install
standard storm sewer
inlet manhole (4'
diameter); complete as
specified Vertical Feet 5.50
2235
Furnish and install Type 1
inlet (with 18" sump);
complete as specified Each 1.00
2237
Furnish and install Type 3
inlet (with 18" sump);
complete as specified Each 20.00
2400
Furnish and install 6"
storm sewer lateral;
complete as specified Linear Feet 2,040.00
2402
Furnish and install 8"
storm sewer lateral;
complete as specified Linear Feet 100.00
2404
Furnish and install storm
sewer marker balls;
complete as specified Each 130.00
Unit Price Extension Unit Price Extension
Carl Bowers & Sons Const. Co., Inc.David Tenor Corporation
$52.50 $15,750.00 $51.50 $15,450.00
$550.00 $34,100.00 $750.00 $46,500.00
$850.00 $6,800.00 $1,250.00 $10,000.00
$1,400.00 $57,400.00 $2,050.00 $84,050.00
$1,600.00 $12,000.00 $2,275.00 $17,062.50
$600.00 $3,300.00 $885.00 $4,867.50
$3,500.00 $3,500.00 $3,400.00 $3,400.00
$3,200.00 $64,000.00 $3,000.00 $60,000.00
$92.00 $187,680.00 $79.00 $161,160.00
$94.00 $9,400.00 $80.00 $8,000.00
$25.00 $3,250.00 $45.00 $5,850.00
I:\Engineering\2021 - 2030 Contracts\2024 CONTRACTS\24-07 Cherry St & Prospect Ave\Administrative\Contract Information\24-07 Bid Tab_2-5-24 Page 22 of 32 2/5/2024
Contract 24-07 - Cherry Street Reconstruction and Prospect Avenue Water Main Construction (#8919769)
Owner: Oshkosh WI, City of
Solicitor: Oshkosh WI, City of
Bid Opening: 02/05/2024 11:00 AM CST
Section Title Item Code Item Description UofM Quantity
2406
Furnish and install storm
sewer clay dams;
complete as specified Each 64.00
2408
Furnish and install storm
sewer lateral inlet;
complete as specified Each 62.00
2414
Storm lateral inlet
adjustments; complete as
specified Each 12.00
2508
Furnish; install; maintain;
and remove Type D
modified inlet protection;
complete as specified Each 55.00
2510
Sediment removal - Type
D modified inlet
protection; complete as
specified Each 55.00
2512
Furnish; install; maintain;
and remove stone
tracking pad; complete as
specified Each 2.00
2516
Furnish; install; maintain;
and remove stone bag;
complete as specified Each 70.00
2518
Furnish; install; maintain;
and remove 12" diameter
sediment logs; complete
as specified Linear Feet 100.00
2524
Furnish; install; maintain;
and remove dewatering
tank system; complete as
specified Each 1.00
2800
Abandon 8" - 12" storm
sewer; complete as
specified Linear Feet 100.00
2802
Abandon 15" and larger
storm sewer; complete as
specified Linear Feet 1,650.00
2804
Remove 30" and smaller
storm sewer; complete as
specified Linear Feet 625.00
Unit Price Extension Unit Price Extension
Carl Bowers & Sons Const. Co., Inc.David Tenor Corporation
$100.00 $6,400.00 $75.00 $4,800.00
$1,200.00 $74,400.00 $1,325.00 $82,150.00
$900.00 $10,800.00 $250.00 $3,000.00
$100.00 $5,500.00 $95.00 $5,225.00
$25.00 $1,375.00 $10.00 $550.00
$100.00 $200.00 $2,000.00 $4,000.00
$10.00 $700.00 $10.00 $700.00
$8.00 $800.00 $9.00 $900.00
$1,000.00 $1,000.00 $9,500.00 $9,500.00
$15.00 $1,500.00 $10.00 $1,000.00
$25.00 $41,250.00 $20.00 $33,000.00
$30.00 $18,750.00 $35.00 $21,875.00
I:\Engineering\2021 - 2030 Contracts\2024 CONTRACTS\24-07 Cherry St & Prospect Ave\Administrative\Contract Information\24-07 Bid Tab_2-5-24 Page 23 of 32 2/5/2024
Contract 24-07 - Cherry Street Reconstruction and Prospect Avenue Water Main Construction (#8919769)
Owner: Oshkosh WI, City of
Solicitor: Oshkosh WI, City of
Bid Opening: 02/05/2024 11:00 AM CST
Section Title Item Code Item Description UofM Quantity
2810
Abandon storm sewer
manholes and inlets;
complete as specified Each 10.00
2812
Remove storm sewer
manholes and inlets;
complete as specified Each 15.00
2850
Connect to existing storm
sewer main; complete as
specified Each 15.00
2852
Connect to existing storm
sewer lateral; complete as
specified Each 5.00
2856
Connect to existing storm
sewer manhole; complete
as specified Each 1.00
2858
Connect to existing storm
sewer inlet; complete as
specified Each 1.00
2914
Storm sewer utility line
opening (ULO); complete
as specified Each 5.00
2950
Excavation special
(storm); complete as
specified Tons 150.00
2952
Bentonite slurry dam
(storm); complete as
specified Each 2.00
3000
Furnish and install 8"
sanitary sewer (relay);
complete as specified Linear Feet 1,725.00
3002
Furnish and install 10"
sanitary sewer (relay);
complete as specified Linear Feet 710.00
3004
Furnish and install 12"
sanitary sewer (relay);
complete as specified Linear Feet 25.00
3060
Furnish and install 8"
sanitary sewer drop;
complete as specified Vertical Feet 6.00
Unit Price Extension Unit Price Extension
Carl Bowers & Sons Const. Co., Inc.David Tenor Corporation
$400.00 $4,000.00 $500.00 $5,000.00
$500.00 $7,500.00 $550.00 $8,250.00
$800.00 $12,000.00 $1,750.00 $26,250.00
$200.00 $1,000.00 $200.00 $1,000.00
$800.00 $800.00 $1,000.00 $1,000.00
$500.00 $500.00 $350.00 $350.00
$600.00 $3,000.00 $550.00 $2,750.00
$15.00 $2,250.00 $25.00 $3,750.00
$250.00 $500.00 $1,000.00 $2,000.00
$165.00 $284,625.00 $122.00 $210,450.00
$200.00 $142,000.00 $165.00 $117,150.00
$300.00 $7,500.00 $275.00 $6,875.00
$600.00 $3,600.00 $650.00 $3,900.00
I:\Engineering\2021 - 2030 Contracts\2024 CONTRACTS\24-07 Cherry St & Prospect Ave\Administrative\Contract Information\24-07 Bid Tab_2-5-24 Page 24 of 32 2/5/2024
Contract 24-07 - Cherry Street Reconstruction and Prospect Avenue Water Main Construction (#8919769)
Owner: Oshkosh WI, City of
Solicitor: Oshkosh WI, City of
Bid Opening: 02/05/2024 11:00 AM CST
Section Title Item Code Item Description UofM Quantity
3100
Furnish and install
standard sanitary sewer
manhole (4' diameter);
complete as specified Vertical Feet 138.00
3114
Furnish and install
sanitary sewer external
manhole chimney seal;
complete as specified Each 14.00
3116
Furnish and install
sanitary sewer external
manhole chimney seal
extension; complete as
specified Each 2.00
3122
Reconstruct sanitary
sewer manhole (4'
diameter); complete as
specified Vertical Feet 9.00
3210
Furnish and install 8" x 6"
sanitary sewer factory
wyes or tees; complete as
specified Each 45.00
3212
Furnish and install 10" x
6" sanitary sewer factory
wyes or tees; complete as
specified Each 22.00
3232
Furnish and install 6"
sanitary sewer laterals
(new); complete as
specified Linear Feet 40.00
3233
Furnish and install 6"
sanitary sewer riser
(new); complete as
specified Linear Feet 5.00
3234
Furnish and install 4"/6"
sanitary sewer lateral
(relay); complete as
specified Linear Feet 2,260.00
3235
Furnish and install 4"/6"
sanitary sewer riser
(relay); complete as
specified Linear Feet 310.00
Unit Price Extension Unit Price Extension
Carl Bowers & Sons Const. Co., Inc.David Tenor Corporation
$550.00 $75,900.00 $470.00 $64,860.00
$550.00 $7,700.00 $567.00 $7,938.00
$500.00 $1,000.00 $567.00 $1,134.00
$500.00 $4,500.00 $470.00 $4,230.00
$450.00 $20,250.00 $185.00 $8,325.00
$550.00 $12,100.00 $350.00 $7,700.00
$106.00 $4,240.00 $110.00 $4,400.00
$106.00 $530.00 $120.00 $600.00
$105.00 $237,300.00 $110.00 $248,600.00
$105.00 $32,550.00 $120.00 $37,200.00
I:\Engineering\2021 - 2030 Contracts\2024 CONTRACTS\24-07 Cherry St & Prospect Ave\Administrative\Contract Information\24-07 Bid Tab_2-5-24 Page 25 of 32 2/5/2024
Contract 24-07 - Cherry Street Reconstruction and Prospect Avenue Water Main Construction (#8919769)
Owner: Oshkosh WI, City of
Solicitor: Oshkosh WI, City of
Bid Opening: 02/05/2024 11:00 AM CST
Section Title Item Code Item Description UofM Quantity
3236
Furnish and install
sanitary sewer lateral
marker balls; complete as
specified Each 132.00
3238
Furnish and install clay
dams; complete as
specified Each 65.00
3300
Furnish and install
connection to existing 8"
sanitary sewer mains;
complete as specified Each 2.00
3304
Furnish and install
connection to existing 12"
sanitary sewer mains;
complete as specified Each 2.00
3330
Furnish and install
sanitary sewer concrete
collars; complete as
specified Each 2.00
3332
Core into existing
manhole; complete as
specified Each 2.00
3404
Furnish and install 10"
sanitary sewer open cut
casing pipes; complete as
specified Linear Feet 210.00
3600
Rock excavation;
complete as specified Cubic Yards 30.00
3700
Closed circuit televising;
complete as specified Linear Feet 2,460.00
3710
Closed circuit televising -
using push camera;
complete as specified Each 4.00
3852
Remove sanitary sewer
manholes; complete as
specified Each 1.00
3854
Remove sanitary sewer;
complete as specified Linear Feet 215.00
3890
Sanitary sewer utility line
opening (ULO); complete
as specified Each 2.00
Unit Price Extension Unit Price Extension
Carl Bowers & Sons Const. Co., Inc.David Tenor Corporation
$25.00 $3,300.00 $33.00 $4,356.00
$100.00 $6,500.00 $85.00 $5,525.00
$1,200.00 $2,400.00 $1,200.00 $2,400.00
$1,600.00 $3,200.00 $1,400.00 $2,800.00
$1,000.00 $2,000.00 $800.00 $1,600.00
$4,000.00 $8,000.00 $1,500.00 $3,000.00
$300.00 $63,000.00 $135.00 $28,350.00
$0.01 $0.30 $0.01 $0.30
$2.00 $4,920.00 $1.75 $4,305.00
$150.00 $600.00 $325.00 $1,300.00
$400.00 $400.00 $1,800.00 $1,800.00
$40.00 $8,600.00 $70.00 $15,050.00
$600.00 $1,200.00 $750.00 $1,500.00
I:\Engineering\2021 - 2030 Contracts\2024 CONTRACTS\24-07 Cherry St & Prospect Ave\Administrative\Contract Information\24-07 Bid Tab_2-5-24 Page 26 of 32 2/5/2024
Contract 24-07 - Cherry Street Reconstruction and Prospect Avenue Water Main Construction (#8919769)
Owner: Oshkosh WI, City of
Solicitor: Oshkosh WI, City of
Bid Opening: 02/05/2024 11:00 AM CST
Section Title Item Code Item Description UofM Quantity
3892
Excavation special
(sanitary); complete as
specified Tons 40.00
3902
Furnish and install 10"
sanitary sewer CIPP;
complete as specified Linear Feet 859.50
3903
Furnish and install 12"
sanitary sewer CIPP;
complete as specified Linear Feet 1,355.00
3904
Furnish and install 15"
sanitary sewer CIPP;
complete as specified Linear Feet 150.00
3969
Furnish sanitary sewer
lateral connection air
pressure test; complete as
specified Each 20.00
3970
Furnish and install
sanitary sewer lateral
connection grouting;
complete as specified Each 20.00
3980
Furnish and install CIPP
sanitary sewer lateral
connection liner;
complete as specified Each 22.00
4000
Furnish and install 4"
ductile iron water main
(relay) with polywrap;
complete as specified Linear Feet 15.00
4002
Furnish and install 6"
ductile iron water main
(relay) with polywrap;
complete as specified Linear Feet 210.50
4004
Furnish and install 8"
ductile iron water main
(relay) with polywrap;
complete as specified Linear Feet 4,064.50
4036
Furnish and install 1"
water service (relay);
complete as specified Linear Feet 2,200.00
Unit Price Extension Unit Price Extension
Carl Bowers & Sons Const. Co., Inc.David Tenor Corporation
$15.00 $600.00 $50.00 $2,000.00
$44.10 $37,903.95 $43.25 $37,173.38
$50.40 $68,292.00 $49.45 $67,004.75
$99.75 $14,962.50 $97.85 $14,677.50
$315.00 $6,300.00 $310.00 $6,200.00
$21.00 $420.00 $20.60 $412.00
$4,050.00 $89,100.00 $3,970.00 $87,340.00
$130.00 $1,950.00 $118.00 $1,770.00
$120.00 $25,260.00 $133.00 $27,996.50
$128.00 $520,256.00 $118.00 $479,611.00
$101.00 $222,200.00 $93.00 $204,600.00
I:\Engineering\2021 - 2030 Contracts\2024 CONTRACTS\24-07 Cherry St & Prospect Ave\Administrative\Contract Information\24-07 Bid Tab_2-5-24 Page 27 of 32 2/5/2024
Contract 24-07 - Cherry Street Reconstruction and Prospect Avenue Water Main Construction (#8919769)
Owner: Oshkosh WI, City of
Solicitor: Oshkosh WI, City of
Bid Opening: 02/05/2024 11:00 AM CST
Section Title Item Code Item Description UofM Quantity
4037
Furnish and install 1-1/4"
water service (relay);
complete as specified Linear Feet 45.00
4038
Furnish and install 1-1/2"
water service (relay);
complete as specified Linear Feet 90.00
4040
Furnish and install 2"
water service (relay);
complete as specified Linear Feet 45.00
4041
Furnish and install 1-1/4"
water service (relay);
complete as specified Linear Feet 1,200.00
4048
Furnish and install 1"
corporation and stop box;
complete as specified Each 62.00
4050
Furnish and install 1-1/4"
corporation and stop box;
complete as specified Each 42.00
4051
Furnish and install 1-1/2"
corporation and stop box;
complete as specified Each 2.00
4053
Furnish and install 2"
corporation and stop box;
complete as specified Each 1.00
4055
Furnish and install water
service clay dams;
complete as specified Each 107.00
4056
Furnish and install
connections to existing 4"
water main; complete as
specified Each 2.00
4058
Furnish and install
connections to existing 6"
water main; complete as
specified Each 4.00
4060
Furnish and install
connections to existing 8"
water main; complete as
specified Each 5.00
Unit Price Extension Unit Price Extension
Carl Bowers & Sons Const. Co., Inc.David Tenor Corporation
$105.00 $4,725.00 $97.00 $4,365.00
$110.00 $9,900.00 $100.00 $9,000.00
$120.00 $5,400.00 $109.00 $4,905.00
$94.00 $112,800.00 $85.00 $102,000.00
$500.00 $31,000.00 $475.00 $29,450.00
$750.00 $31,500.00 $1,200.00 $50,400.00
$1,250.00 $2,500.00 $1,065.00 $2,130.00
$1,600.00 $1,600.00 $1,400.00 $1,400.00
$100.00 $10,700.00 $85.00 $9,095.00
$500.00 $1,000.00 $1,925.00 $3,850.00
$750.00 $3,000.00 $2,050.00 $8,200.00
$800.00 $4,000.00 $2,150.00 $10,750.00
I:\Engineering\2021 - 2030 Contracts\2024 CONTRACTS\24-07 Cherry St & Prospect Ave\Administrative\Contract Information\24-07 Bid Tab_2-5-24 Page 28 of 32 2/5/2024
Contract 24-07 - Cherry Street Reconstruction and Prospect Avenue Water Main Construction (#8919769)
Owner: Oshkosh WI, City of
Solicitor: Oshkosh WI, City of
Bid Opening: 02/05/2024 11:00 AM CST
Section Title Item Code Item Description UofM Quantity
4101
Furnish and install 6" x 6"
water main tee; complete
as specified Each 1.00
4110
Furnish and install 8" x 6"
water main tee; complete
as specified Each 8.00
4111
Furnish and install 8" x 8"
water main tee; complete
as specified Each 5.00
4189
Furnish and install 8" x 8"
water main cross;
complete as specified Each 1.00
4228
Furnish and install 8" 22-
1/2 degree water main
bend; complete as
specified Each 1.00
4235
Furnish and install 4" 45
degree water main bend;
complete as specified Each 4.00
4236
Furnish and install 6" 45
degree water main bend;
complete as specified Each 26.00
4237
Furnish and install 8" 45
degree water main bend;
complete as specified Each 10.00
4263
Furnish and install 8" x 4"
water main reducer;
complete as specified Each 2.00
4264
Furnish and install 8" x 6"
water main reducer;
complete as specified Each 4.00
4308
Furnish and install 6"
water main plug;
complete as specified Each 1.00
4352
Cut and cap existing 6"
water main; complete as
specified Each 2.00
4354
Cut and cap existing 8"
water main; complete as
specified Each 2.00
Unit Price Extension Unit Price Extension
Carl Bowers & Sons Const. Co., Inc.David Tenor Corporation
$750.00 $750.00 $550.00 $550.00
$950.00 $7,600.00 $775.00 $6,200.00
$1,100.00 $5,500.00 $875.00 $4,375.00
$1,350.00 $1,350.00 $1,150.00 $1,150.00
$700.00 $700.00 $485.00 $485.00
$500.00 $2,000.00 $275.00 $1,100.00
$550.00 $14,300.00 $365.00 $9,490.00
$700.00 $7,000.00 $500.00 $5,000.00
$600.00 $1,200.00 $390.00 $780.00
$650.00 $2,600.00 $430.00 $1,720.00
$450.00 $450.00 $1,225.00 $1,225.00
$2,000.00 $4,000.00 $1,225.00 $2,450.00
$2,200.00 $4,400.00 $1,450.00 $2,900.00
I:\Engineering\2021 - 2030 Contracts\2024 CONTRACTS\24-07 Cherry St & Prospect Ave\Administrative\Contract Information\24-07 Bid Tab_2-5-24 Page 29 of 32 2/5/2024
Contract 24-07 - Cherry Street Reconstruction and Prospect Avenue Water Main Construction (#8919769)
Owner: Oshkosh WI, City of
Solicitor: Oshkosh WI, City of
Bid Opening: 02/05/2024 11:00 AM CST
Section Title Item Code Item Description UofM Quantity
4401
Furnish and install 6"
water main gate valve;
complete as specified Each 10.00
4402
Furnish and install 8"
water main gate valve;
complete as specified Each 30.00
4500
Furnish and install
hydrant; complete as
specified Each 8.00
4712
Furnish and install 2"
water main casing pipe;
complete as specified Linear Feet 170.00
4714
Furnish and install 4"
water main casing pipe;
complete as specified Linear Feet 20.00
4726
Furnish and install 18"
water main casing pipe;
complete as specified Linear Feet 12.00
4800
Rock excavation;
complete as specified Cubic Yards 70.00
4900
Abandon water main on
Cherry Street; complete
as specified Lump Sum 1.00
4902
Abandon water main on
Prospect Avenue;
complete as specified Lump Sum 1.00
4920
Remove water main;
complete as specified Linear Feet 217.00
4990
Excavation special
(water); complete as
specified Tons 30.00
5012
Furnish and install pull
box (steel); 18" x 36";
complete as specified Each 25.00
5025
Adjust pull box; complete
as specified Each 25.00
5130
Furnish and install 3"
Schedule 40 PVC;
complete as specified Linear Feet 3,450.00
Unit Price Extension Unit Price Extension
Carl Bowers & Sons Const. Co., Inc.David Tenor Corporation
$2,100.00 $21,000.00 $1,890.00 $18,900.00
$2,900.00 $87,000.00 $2,620.00 $78,600.00
$7,000.00 $56,000.00 $5,545.00 $44,360.00
$150.00 $25,500.00 $100.00 $17,000.00
$200.00 $4,000.00 $110.00 $2,200.00
$600.00 $7,200.00 $215.00 $2,580.00
$0.01 $0.70 $0.01 $0.70
$8,000.00 $8,000.00 $2,000.00 $2,000.00
$5,000.00 $5,000.00 $15,000.00 $15,000.00
$25.00 $5,425.00 $40.00 $8,680.00
$15.00 $450.00 $25.00 $750.00
$1,250.00 $31,250.00 $1,800.00 $45,000.00
$80.00 $2,000.00 $77.25 $1,931.25
$14.00 $48,300.00 $14.50 $50,025.00
I:\Engineering\2021 - 2030 Contracts\2024 CONTRACTS\24-07 Cherry St & Prospect Ave\Administrative\Contract Information\24-07 Bid Tab_2-5-24 Page 30 of 32 2/5/2024
Contract 24-07 - Cherry Street Reconstruction and Prospect Avenue Water Main Construction (#8919769)
Owner: Oshkosh WI, City of
Solicitor: Oshkosh WI, City of
Bid Opening: 02/05/2024 11:00 AM CST
Section Title Item Code Item Description UofM Quantity
5180
Connect to existing pull
box; complete as
specified Each 2.00
5181
Connect to existing
conduit; complete as
specified Each 1.00
5230
Furnish and install 4
gauge red-coated wire;
complete as specified Linear Feet 4,850.00
5231
Furnish and install 4
gauge black-coated wire;
complete as specified Linear Feet 4,850.00
5262
Furnish and install 10
gauge green-coated wire;
complete as specified Linear Feet 3,550.00
5270
Furnish and install 12
gauge red-coated wire;
complete as specified Linear Feet 840.00
5271
Furnish and install 12
gauge black-coated wire;
complete as specified Linear Feet 840.00
5272
Furnish and install 12
gauge green-coated wire;
complete as specified Linear Feet 840.00
5282
Furnish and install 14
gauge green-coated wire;
complete as specified Linear Feet 60.00
5380
Furnish and install fuse
holder; complete as
specified Each 48.00
5386
Furnish and install 2A
fuse; complete as
specified Each 48.00
5454
Install CITY-supplied 10'
truss-type luminaire arm;
complete as specified Each 24.00
5460
Install CITY-supplied
cobra head luminaire;
complete as specified Each 24.00
Unit Price Extension Unit Price Extension
Carl Bowers & Sons Const. Co., Inc.David Tenor Corporation
$250.00 $500.00 $275.00 $550.00
$200.00 $200.00 $250.00 $250.00
$2.50 $12,125.00 $2.60 $12,610.00
$2.50 $12,125.00 $2.60 $12,610.00
$0.90 $3,195.00 $0.95 $3,372.50
$0.80 $672.00 $0.83 $697.20
$0.80 $672.00 $0.83 $697.20
$0.80 $672.00 $0.83 $697.20
$1.00 $60.00 $0.83 $49.80
$55.00 $2,640.00 $56.65 $2,719.20
$5.00 $240.00 $5.25 $252.00
$350.00 $8,400.00 $360.00 $8,640.00
$200.00 $4,800.00 $220.00 $5,280.00
I:\Engineering\2021 - 2030 Contracts\2024 CONTRACTS\24-07 Cherry St & Prospect Ave\Administrative\Contract Information\24-07 Bid Tab_2-5-24 Page 31 of 32 2/5/2024
Contract 24-07 - Cherry Street Reconstruction and Prospect Avenue Water Main Construction (#8919769)
Owner: Oshkosh WI, City of
Solicitor: Oshkosh WI, City of
Bid Opening: 02/05/2024 11:00 AM CST
Section Title Item Code Item Description UofM Quantity
5494
Install CITY-supplied 20'
tapered pole with
transformer base;
complete as specified Each 24.00
5504
Furnish and install Type 5
base; complete as
specified Each 24.00
Bid Total:
Unit Price Extension Unit Price Extension
Carl Bowers & Sons Const. Co., Inc.David Tenor Corporation
$750.00 $18,000.00 $775.00 $18,600.00
$1,075.00 $25,800.00 $1,150.00 $27,600.00
$5,646,367.10 $5,668,388.29
I:\Engineering\2021 - 2030 Contracts\2024 CONTRACTS\24-07 Cherry St & Prospect Ave\Administrative\Contract Information\24-07 Bid Tab_2-5-24 Page 32 of 32 2/5/2024
TO :T O :Honorable Mayor and Members of the Common Council
FRO M :FRO M :Jon Urben, General Services Manager
D A TE :D A T E :February 13, 2024
SUB JEC T:SUB JEC T :Res 24-59 Award Bid to H&H Sales Company Inc. for Stainless Steel Flatbed Body for the Streets
Division ($12,900.00)
B A C KGRO UN DBACKGROUND
In the 2022 CIP the Common Council allocated $150,000.00 for the purchase of a new flatbed anti-icing
truck for the Street Division. This unit is used to pretreat road surfaces, roundabouts, and bridge decks
with sodium chloride to prevent surfaces from icing up during winter conditions. During the construction
season, this unit is used to pull the road salt trailer and supply the road saw with water. The new unit will
replace a 2009 Ford F650 that has reached the end of its service life. The new unit will include the chassis,
truck bed, anti-icing system, and power washer. At their February 28, 2023 meeting, the Common
Council approved a cooperative purchase of the chassis that, with trade in, cost $80,393.00. The
purpose of this memo is to award the bid for the stainless-steel flatbed body for this unit. The remaining
items to complete this unit will be bid out in the near future.
A N A L Y SI SANALYSIS
Working with Public Works staff, Purchasing prepared bid specifications for the stainless steel flatbed body
to be installed on the truck chassis. The bid was posted on DemandStar. Bids were due January 16,
2024. The bid tab is attached. Based on the bid review, it was the consensus of staff that the low bid
received met the minimum bid requirements.
FI SC A L I M P A CTFISCAL I M P A C T
The fiscal impact for the purchase of this flatbed body is $12,900.00. The 2022 CIP allocated $150,000.00
for this entire unit to include the chassis, flatbed, anti-icing system, and related components. The chassis
for the unit was purchased in 2023 for $80,393.00. This purchase will be charged to A/N# 03230430 7210
66027 (Motor Vehicles-Flat Bed Truck). The remaining dollars allocated for this unit will be used to
purchase the anti-icing system and power washer.
REC O M M E N D A TI ONRECOMMENDATION
Purchasing recommends the Common Council award this bid to H&H Sales Company Inc. for $12,900.00.
A t t a chment sAttachments
Res 24-59
Bid Tab Stainless Steel Flatbed Body
02/13/2024 24-59 RESOLUTION
PURPOSE: AWARD BID TO H&H SALES COMPANY INC. FOR STAINLESS STEEL FLATBED BODY FOR THE STREETS
DIVISION ($12,900.00)
INITIATED BY : PURCHASING DEPARTMENT
WHEREAS, the City of Oshkosh has heretofore advertised for bids for Stainless Steel Flatbed Body for the
Streets Division; and
WHEREAS, upon the opening and tabulation of bids, it appears that the following is the most
advantageous bid:
H&H Sales Company Inc
16339 Lima Rd
PO Box 686
Huntertown IN 46748-0686
Total: $12,900.00
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the said bid is hereby
accepted and the proper City officials are hereby authorized and directed to enter into an appropriate
agreement for the purpose of same, all according to plans, specifications, and bid on file. Money for this
purpose is hereby appropriated from:
Acct. No. 03230430 7210 66027 Motor Vehicles-Flat Bed Truck
BID TAB
STAINLESS STEEL FLATBED BODY
FOR THE CITY OF OSHKOSH STREETS DIVISION
BIDS DUE TUESDAY JANUARY 16, 2024
BIDDER
BID
DELIVERY
TERMS
H&H Sales Company Inc
16339 Lima Rd
PO Box 686
Huntertown IN 46748-0686
$12,900.00
50 Days ARO
Net 30 Days
Monroe Truck Equipment
1151 W Main Avenue
De Pere, WI 54115
$23,291.00
90 Days ARO
Net !5 Days
GENERAL FUND 01000110 $ 18,891.82
RECYCLING 02110480 $ 54.72
SANITATION 02120470 $ 54.72
SENIOR SERVICES 02310760 $ 981.98
FIRE - HAZMAT 02350230-20552 $ 328.34
MUSEUM 02411070 $ 872.54
CEMETERY 02470650 $ 164.17
MENOMINEE PARK ZOO 02550610-11421 $ 437.79
BOAT LAUNCH 02550610-14222 $ 54.72
AMUSEMENT RIDES 02550610-11423 $ 109.45
ZOO SPECIAL EVENTS 02550610-11428 $ 54.72
DPW RIGHT OF WAY 02570410-12101 $ 54.72
POLLOCK POOL 02590610 $ 328.34
FACILITIES PROJECT COORDINATOR 03170410 $ 54.72
SPECIAL EVENTS 05031040-40011 $ 54.72
TRANSIT UTILITY 05111728 $ 927.26
WATER UTILITY SUNDRY/OTHER 05411864-08643 $ 465.15
WATER DIST MISC EXPENSE 05411866-08665 $ 410.43
WATER DIST 05411867-08673 $ 328.34
WATER DIST 05411867-08675 $ 383.07
TO :T O :Honorable Mayor and Members of the Common Council
FRO M :FRO M :Jon Urben, General Services Manager
D A TE :D A T E :February 13, 2024
SUB JEC T:SUB JEC T :Res 24-60 Approve Purchase of Three-Year Endpoint Security Services (ESS) Agreement from
Center for Internet Security (CIS) for IT Division ($91,206.00)
B A C KGRO UN DBACKGROUND
The City of Oshkosh utilizes CIS ESS for protection against cybersecurity threats in on-premise and remote
work environments. The city began using this service in 2022 and has been very pleased with its
effectiveness. This agreement is proprietary to Center for Internet Security.
A N A L Y SI SANALYSIS
The agreement is $30,402.00 per year. The City Manager has approved this service agreement renewal.
Purchasing has confirmed this purchase qualifies as an exception to our purchasing ordinance under
Section 12-11 of the Municipal Code.
FI SC A L I M P A CTFISCAL I M P A C T
The total fiscal impact of this agreement over three years is $91,206.00. Funds for the 2024 agreement
($30,402.00) are allocated and will be charged to the software maintenance account of the various
funds listed below. The 2025 and 2026 agreements are contingent upon 2025 and 2026 operating budget
approval.
WATER DIST 05411867-08676 $ 981.98
WATER UTILITY OFFICE SUPPLIES 05411892-08921 $ 304.02
SEWER INTERCEPTING 05511920 $ 54.72
SEWER DISPOSAL PLANT 05511940 $ 1,748.12
SEWER GENERAL/ADMIN 05511950 $ 413.47
STORMWATER ENG/PLAN 05612030 $ 249.30
STORMWATER OPS/MAINT 05612050 $ 492.51
WEIGHTS & MEASURES 05710720 $ 109.45
INSPECTIONS 05710750 $ 1,036.71
REC O M M E N D A TI ONRECOMMENDATION
Section 12-11 of the Municipal Code provides that, subject to approval of the City Manager, purchases
may be made without following a formal competitive bidding process when the purchase is from only
one source of supply or when standardization or compatibility is the overriding consideration. In
accordance with Section 12-11 of the Municipal Code and with approval by the City Manager,
Purchasing recommends the Common Council approve the 2024-2026 software subscription agreement
for $91,206.00 from Center for Internet Security, Inc., 31 Tech Valley Dr, East Greenbush, NY 12061.
A t t a chment sAttachments
Res 24-60
02/13/2024 24-60 RESOLUTION
PURPOSE: APPROVE PURCHASE OF THREE-YEAR ENDPOINT SECURITY SERVICES (ESS) AGREEMENT FROM CENTER
FOR INTERNET SECURITY (CIS) FOR IT DIVISION ($91,206.00)
INITIATED BY : PURCHASING DEPARTMENT
WHEREAS, the City of Oshkosh utilizes CIS ESS for protection against cybersecurity threats in on-premise
and remote work environments; and
WHEREAS, it is necessary to provide for maintenance of this system which is available through Center for
Internet Security, Inc.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City
officials are hereby authorized and directed pursuant to Section 12-11 of the Oshkosh Municipal Code to
enter into an appropriate three-year agreement for software maintenance with:
Center for Internet Security, Inc.
31 Tech Valley Dr
East Greenbush, NY 12061
Total: $91,206.00
Money for this purpose is hereby appropriated from:
Acct. Nos. 01000110 General Fund
02110480 Recycling
02120470 Sanitation
02310760 Senior Services
02350230-20552 Fire – Hazmat
02411070 Museum
02470650 Cemetery
02550610-11421 Menominee Park Zoo
02550610-14222 Boat Launch
02550610-11423 Amusement Rides
02550610-11428 Zoo Special Events
02570410-12101 DPW Right of Way
02590610 Pollock Pool
03170410 Facilities Project Coordinator
05031040-40011 Special Events
05111728 Transit Utility
05411864-08643 Water Utility Sundry/Pther
05411866-08665 Water Dist Misc Expense
05411867-08673 Water Dist
05411867-08675 Water Dist
05411867-08676 Water Dist
05411892-08921 Water Utility Office Supplies
05511920 Sewer Intercepting
05511940 Sewer Disposal Plant
05511950 Sewer General/admin
05612030 Stormwater Eng/Plan
05612050 Stormwater Ops/maint
05710720 Weights & Measures
05710750 Inspections
TO :T O :Honorable Mayor and Members of the Common Council
FRO M :FRO M :Jon Urben, General Services Manager
D A TE :D A T E :February 13, 2024
SUB JEC T:SUB JEC T :Res 24-61 Approve Cooperative Purchase of Cardiac Monitors from Zoll Medical Corporation
for Fire Department ($1,112,929.46)
B A C KGRO UN DBACKGROUND
The Common Council allocated $1,092,500 in the 2024 CIP (funded by ARPA) to replace the current
cardiac monitors/automatic external defibrillators used by the Fire Department. These cardiac monitors
are life-saving medical equipment essential for the provision of paramedic-level emergency medical
services. The current units have reached the end of their service life and need to be replaced
wholescale for continuity and operational efficiency. The Fire Department is seeking to purchase 20 new
units.
A N A L Y SI SANALYSIS
Purchasing has confirmed that Zoll Medical Corporation holds the National Association of State
Procurement Officials (NASPO) cooperative contract for Zoll automatic external defibrillator and
accessories (contract #OK-SW-300). Purchasing has confirmed this contract qualifies as cooperative
purchasing exception to our purchasing ordinance. Utilizing this contract, the city will save approximately
20% ($274,474.36) off of the list price. The former units will be bought back by Zoll for $15,300.00 and
credited on the order for the new units.
FI SC A L I M P A CTFISCAL I M P A C T
With trade-in, the total fiscal impact of the 20 new monitors and accessories is $1,112,929.46. The 2024 CIP
allocated $1,092,500.00 for this purchase. This purchase will be charged to A/N#: 02240230 7204 15431
(Replace Cardiac Monitors & AED's). Finance has confirmed the overage ($20,429.40) will be covered by
available ARPA funding in the same account.
REC O M M E N D A TI ONRECOMMENDATION
Section 12-15 of the Municipal Code provides that, subject to approval of the City Manager, cooperative
purchases pursuant to a contract with any other local, state or federal governmental unit or agency may
be made without following a competitive bidding or quotation process. In accordance with Section 12-15
of the Municipal Code and with approval by the City Manager, Purchasing recommends the Common
Council approve this purchase to Zoll Medical Corporation, 269 Mill Road, Chelmsford, MA, 01824-4105 for
$1,112,929.46. If there are any questions about this purchase, please contact me or Fire Chief Mike
Stanley.
A t t a chment sAttachments
Res 24-61
Quote and Service Agreement
02/13/2024 24-61 RESOLUTION
PURPOSE: APPROVE COOPERATIVE PURCHASE OF CARDIAC MONITORS FROM ZOLL MEDICAL CORPORATION
FOR FIRE DEPARTMENT ($1,112,929.46)
INITIATED BY : PURCHASING DEPARTMENT
WHEREAS, Common Council allocated funds in the 2024 operating budget to replace the current cardiac
monitors/automatic external defibrillators used by the Fire Department; and
WHEREAS, by participating through the State of Wisconsin Sourcewell Cooperative Purchase program,
staff was able to obtain a more competitive price for computers; and
WHEREAS, section 12-15 of the City of Oshkosh Municipal Code provides that purchases may be done
without the use of formal sealed quotations or bids pursuant to a contract with any other local, state or
federal governmental unit or agency; and
WHEREAS, Zoll Medical Corporation holds the Sourcewell cooperative contract (#OK-SW-300) for Zoll
automatic external defibrillator and accessories.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City
officials are hereby authorized and directed pursuant to Section 12-15 of the Oshkosh Municipal Code to
purchase the above mentioned order:
Zoll Medical Corporation
269 Mill Road
Chelmsford, MA, 01824-4105
Total w/trade in: $1,112,929.46
BE IT FURTHER RESOLVED that the proper City officials are hereby authorized and directed to enter into an
appropriate agreement for the purpose of same. Money for this purpose is hereby appropriated from:
Acct. No. 02240230 7204 15431 Replace Cardiac Monitors & AED's
Quote No: Q-74446 Version: 3
Page 1 of 13
ZOLL Medical Corporation
269 Mill Road
Chelmsford, MA 01824-4105
Federal ID# 04-2711626
Phone: (800) 348-9011
Fax: (978) 421-0015
Email: esales@zoll.com
Oshkosh Fire Department, City of
101 Court Street
Oshkosh, WI 54901
ZOLL Customer No: 164238
Aarron Droessler
(920) 236-5247
adroessler@ci.oshkosh.wi.us
Quote No: Q-74446
Version: 3
Issued Date: January 26, 2024
Expiration Date: March 31, 2024
Terms: NET 30 DAYS
FOB: Destination
Freight: Free Freight
Prepared by: Daniel Brehm
EMS Territory Manager
dbrehm@zoll.com
+1 2623128868
Item Contract
Reference Part Number Description Qty List Price Adj. Price Total Price
1 601-2231211-01 X Series Advanced Monitor/Defibrillator - 12-Lead
ECG, Pacing, SpO2, SpCO, EtCO2, BVM, Temp,
NIBP, CPR Expansion Pack
Includes: TBI Dashboard, 4 trace tri-mode display
monitor/ defibrillator/ printer, advisory algorithm,
advanced communications package (Wi-Fi,
Bluetooth, USB cellular modem capable) USB data
transfer capable and large 6.5in ( 16.5cm) diagonal
screen. Accessories Included: MFC cable and CPR
connector, A/C power cord, One (1) roll printer paper,
6.6 Ah Li-ion battery, Operators Manual, Quick
Reference Guide, and One (1)-year EMS warranty.
Parameter Details: Real CPR Help - Dashboard
display of CPR Depth and Rate for Adult and
Pediatric patients, Visual and audio prompts to coach
CPR depth (Adult patient only), Release bar to
ensure adequate release off the chest, Metronome to
coach rate for Adult and Pediatric patients. See-Thru
® CPR artifact filtering • Interpretative 12-Lead ECG
(Full 12 ECG lead view with both dynamic and static
12-lead mode display. 12-Lead OneStep ECG cable
- includes 4-Lead limb lead cable and removable
precordial 6-Lead set) • ZOLL Noninvasive Pacing
Technology • Real BVM Help: Dashboard provides
real-time ventilation feedback on both volume and
rate for intubated and non-intubated patients.
AccuVent Cable included. (Accuvent disposable
sensors sold separately) • Welch Allyn NIBP with
Smartcuff. 10 foot Dual Lumen hose and SureBP
Reusable Adult Medium Cuff • Masimo SpO2 &
SpCO with Signal Extraction Technology (SET),
Rainbow SET® • EtCO2 Oridion Microstream
Technology. Microstream tubing set sold separately •
Two Temperature monitoring channels with digital
displays. Temperature probes sold separately •
20 $53,821.00 $41,980.38 $839,607.60
Oshkosh Fire Department, City of
Quote No: Q-74446 Version: 3
Page 2 of 13
ZOLL Medical Corporation
269 Mill Road
Chelmsford, MA 01824-4105
Federal ID# 04-2711626
Phone: (800) 348-9011
Fax: (978) 421-0015
Email: esales@zoll.com
Item Contract
Reference Part Number Description Qty List Price Adj. Price Total Price
2 1339867 8000-0674 Disposable Temperature Sensor Adapter Cable 20 $79.00 $64.78 $1,295.60
3 1339867 8000-001128 Accuvent Flow Tube (Box of 10)1 $762.00 $647.70 $647.70
4 1339867 REUSE-12-2MQ Welch Allyn REUSE-12-2MQ Cuff, Lg Adult, 2-
Tube, Twist Lock connector
20 $63.00 $51.13 $1,022.60
5 1339867 REUSE-10-2MQ Welch Allyn REUSE-10-2MQ Cuff, Small Adult, 2-
Tube, Twist Lock connector
20 $63.00 $51.13 $1,022.60
6 1339867 REUSE-09-2MQ Welch Allyn REUSE-09-2MQ Cuff, Child, 2-Tube,
Twist Lock connector
20 $63.00 $51.13 $1,022.60
7 1339867 8000-000151 RD Rainbow SET MD20-04 EMS Patient Cable, 4ft 20 $299.00 $245.06 $4,901.20
8 8000-000862 LNCS-II Rainbow DCI 8λ SpCO Adult Sensor, 3ft 20 $1,080.00 $864.00 $17,280.00
9 1339867 8000-0580-01 Six Hour Rechargeable, SurePower II Smart
Battery
20 $957.00 $504.22 $10,084.40
10 1339867 8200-000100-01 Single Bay Charger for the SurePower and
SurePower II batteries
6 $1,209.00 $990.81 $5,944.86
11 8000-000393-01 X Series Carry Case, Premium 20 $424.00 $424.00 $8,480.00
12 1339867 8012-0206 12-lead ECG Simulator 1 $1,363.00 $1,116.86 $1,116.86
13 1339867 8900-0190 Training CPR Stat-padz
Includes one training cable with CPR Sensor, Y
Connector for simulator connection, and one pair of
replacement training electrodes.
1 $114.00 $93.44 $93.44
Oshkosh Fire Department, City of
Quote No: Q-74446 Version: 3
Page 3 of 13
ZOLL Medical Corporation
269 Mill Road
Chelmsford, MA 01824-4105
Federal ID# 04-2711626
Phone: (800) 348-9011
Fax: (978) 421-0015
Email: esales@zoll.com
Item Contract
Reference Part Number Description Qty List Price Adj. Price Total Price
14 8778-89055-WF X Series - Worry-Free Service Plan - 5 Years On-
Site At Time of Sale
Includes: Annual preventive maintenance, 27%
discount on new cables, 27% discount on additional
SurePower II Batteries, discount on parameter
upgrades, SurePower II Battery replacement upon
failure, and accidental damage coverage (see
comments). Shipping and use of a Service Loaner
during repairs, no charge shipping. Extended
warranty is a continuation of the EMS One Year
Product Limited Warranty. • ACCIDENTAL
DAMAGE COVERAGE: Includes one device outer
housing replacement per year per device. This
coverage excludes devices that are deemed beyond
repair and/or catastrophic damage. Cosmetic
damage that does not affect the integrity of the
device would not require outer housing replacement.
• BATTERY REPLACEMENT PROGRAM: Batteries
must be maintained per ZOLL recommended
maintenance program - Batteries are replaced upon
failure, one for one, throughout the term of the
ExpertCare Service contract, should the SurePower
II battery or SurePower Charger display a fault -
Batteries must be evaluated and confirmed of failure
through ZOLL Technical Support and/or an on-site
field service technician. - Up to three batteries per
device will be covered for batteries acquired from
ZOLL in last 24 months for batteries that fail during
the Worry-Free service contract period. (When
Service Contract purchased post-sale) - For batteries
acquired from ZOLL over 24 months ago, one battery
per device will be covered for batteries that fail during
the Worry-Free service contract period. (When
Service Contract purchased post-sale)
20 $10,395.00 $9,355.50 $187,110.00
15 8400-110045 CaseReview Premium Subscription, X Series, 5
Year- Hosted
Provides detailed post-case information, including
CPR quality on compression depth, rate, pause time
and release velocity, as well as ECG, shocks, EtCO2
and SpO2 vital signs.
20 $2,430.00 $2,430.00 $48,600.00
16 7800-0217-61 All Stryker BLS Trade-In Allowance (EMS Group)
See Trade Unit Considerations.
12 ($150.00)($1,800.00)
17 7800-0415-61 LP 15 12-Lead Version 1 & 2 Trade In Allowance
See Trade Unit Considerations.
9 ($1,500.00)($13,500.00)
Subtotal:$1,112,929.46
Total:$1,112,929.46
Oshkosh Fire Department, City of
Quote No: Q-74446 Version: 3
Page 4 of 13
ZOLL Medical Corporation
269 Mill Road
Chelmsford, MA 01824-4105
Federal ID# 04-2711626
Phone: (800) 348-9011
Fax: (978) 421-0015
Email: esales@zoll.com
Contract Reference Description
1339867 Reflects NASPO 2017 OK-SW-300 contract Pricing. Notwithstanding anything to the contrary herein, the terms and
conditions set forth in NASPO 2017 OK-SW-300 shall apply to the customer's purchase of the products set forth on this
quote.
Trade Unit Considerations
Trade-In values valid through March 31, 2024 if all equipment purchased is in good operational and cosmetic condition and includes all standard
accessories. Trade-In values are dependent on the quantity and configuration of the ZOLL devices listed on this quotation. Customer assumes
responsibility for shipping trade-in equipment at the quantities listed on the trade line items in this quotation to ZOLL's Chelmsford Headquarters within
60 days of receipt of new equipment. Customer agrees to pay cash value for trade-in equipment not shipped to ZOLL on a timely basis.
To the extent that ZOLL and Customer, or Customer’s Representative have negotiated and executed overriding terms and conditions
(“Overriding T’s & C’s”), those terms and conditions would apply to this quotation. In all other cases, this quote is made subject to ZOLL’s
Standard Commercial Terms and Conditions (“ZOLL T’s & C’s”) which for capital equipment, accessories and consumables can be found
at https://www.zoll.com/about-zoll/invoice-terms-and-conditions and for software products can be found at http://www.zoll.com/SSPTC
and for hosted software products can be found at http://www.zoll.com/SSHTC. Except in the case of overriding T’s and C’s, any Purchase
Order (“PO”) issued in response to this quotation will be deemed to incorporate ZOLL T’s & C’s, and any other terms and conditions
presented shall have no force or effect except to the extent agreed in writing by ZOLL.
1. Delivery will be made upon availability.
2. This Quote expires on March 31, 2024. Pricing is subject to change after this date.
3. Applicable tax, shipping & handling will be added at the time of invoicing.
4. All purchase orders are subject to credit approval before being accepted by ZOLL.
5. To place an order, please forward the purchase order with a copy of this quotation to esales@zoll.com or via fax to 978-421-0015.
6. All discounts from list price are contingent upon payment within the agreed upon terms.
7. Place your future accessory orders online by visiting the ZOLL Webstore.
Oshkosh Fire Department, City of
Quote No: Q-74446 Version: 3
Page 5 of 13
ZOLL Medical Corporation
269 Mill Road
Chelmsford, MA 01824-4105
Federal ID# 04-2711626
Phone: (800) 348-9011
Fax: (978) 421-0015
Email: esales@zoll.com
Order Information (to be completed by the customer)
[ ]Tax Exempt Entity (Tax Exempt Certificate must be provided to ZOLL)
[ ]Taxable Entity (Applicable tax will be applied at time of invoice)
BILL TO ADDRESS SHIP TO ADDRESS
Name/Department:Name/Department:
Address:Address:
City / State / Zip Code:City / State / Zip Code:
Is a Purchase Order (PO) required for the purchase and/or payment of the products listed on this quotation?
[ ]Yes PO Number: ____________PO Amount: ____________
(A copy of the Purchase Order must be included with this Quote when returned to ZOLL)
[ ]No (Please complete the below section when submitting this order)
For organizations that do not require a PO, ZOLL requires written execution of this order. The person signing below represents and
warrants that she or he has the authority to bind the party for which he or she is signing to the terms and prices in this quotation.
Oshkosh Fire Department, City of
Authorized Signature: _1\
\s1\
Name:\n1\
Title:\t1\
Date:\d1\
1
v.4 – 2021-08-26
ALS/BLS Software Solutions Master Application Service Provider Agreement
1.Orders. ZOLL Medical Corporation (“ZOLL”) shall provide the ASP Services, Implementation Services and Support Services identified in any order or contract
(“Order”) between ZOLL and Oshkosh Fire Department (“Customer”) incorporating this Software Solutions Master Application Service Provider Agreement
(together with each such Order, the “Agreement”). ASP Services are further defined in Section 3. Implementation Services are further defined in Section 4. Support
Services are further defined in Section 5. The ASP Services, Implementation Services, and Support Services are each, and are collectively, “Services”. The terms and
conditions set forth in this Agreement shall only apply to ALS/BLS Software Solutions products that are used with ZOLL Medical Corporation defibrillators. For
the sake of clarity, these terms and conditions do not apply to any ZOLL patient care reporting software.
2.Payment. Customer shall pay fees to ZOLL for Services as provided in any Order and this Agreement (“Fees”). Unless otherwise provided in the applicable Order,
Customer will pay ZOLL all Fees due under this Agreement within thirty (30) days after the date of ZOLL’s invoice. The first invoice will be sent after the Deployment
Effective Date. "Deployment Date" means the date upon which the deployment of the ASP Services is complete and it is able to function as described in the warranty set
forth in this Agreement, regardless of whether Customer actually uses such ASP Services. "Deployment Effective Date" means the earlier of (a) the Deployment Date or
(b) 90 days from the date after ZOLL’s shipment of defibrillators that are included on the Order (the “Latest Deployment Date”), unless a delay in the Deployment Date
has been caused by ZOLL, in which case the Deployment Effective Date shall be postponed by a number of days equal to the delay that ZOLL has caused. Fees are non-
refundable other than as expressly set forth herein. Amounts not paid when due will accrue interest at the rate of 1.5% per month, or the maximum allowed by law,
whichever is less. Customer shall pay all expenses (including reasonable attorney’s fees) incurred by ZOLL in connection with collection of late payments. Any amounts
not paid by Customer when due may result in the forfeiture by Customer, in ZOLL’s sole discretion, of any discounts previously offered by ZOLL. In addition, ZOLL
may cease providing any or all of the Services if any invoice is not paid in a timely manner, in which event ZOLL will not be liable to Customer for any damages caused
by such cessation. Payment terms are subject to ZOLL’s credit approval. Fees exclude all applicable sales, use and other taxes and all applicable export and import fees,
customs duties and similar charges (“Taxes”).
3.ASP Services. “ASP Services” means the hosting and maintenance of ZOLL software, as modified, updated, and enhanced (the “Underlying Software”), for remote
electronic access and use by Registered Users on the website with a unique URL to be provided by ZOLL to Customer (the “ZOLL Site”) in substantial conformity with
the instructions for use, documentation and users manuals from time-to-time provided by ZOLL (the “Documentation”), as listed in any Order, on and after the
Implementation Date (defined below) for such services and before that Order has expired or been terminated in accordance with the Agreement. Customer acknowledges
that the ASP Services are only compatible with ZOLL equipment that has been enabled and configured for use with the ASP Services in accordance with the
Documentation and only with the browser and other technical environment that supports the use of the ASP Services in accordance with the Documentation.
3.1. Provision of ASP Services. Subject to the terms and conditions of the Agreement, ZOLL will use commercially reasonable efforts to make the ASP Services
available to Customer and Customer’s employees, directors, principals, partners, consultants and agents authorized to use ASP Services on behalf of Customer and
registered through the ZOLL Site for such use (“Registered Users”) through the ZOLL Site over normal network connections in accordance with the Documentation,
excepting downtime due to necessary maintenance and troubleshooting. Customer, not ZOLL, shall be responsible for controlling Registered Users and protection of
confidentiality of its login identifications and passwords. Customer acknowledges that (i) it is responsible for maintaining its interface and connectivity to the ASP
Services and (ii) any facilities used for provision of the ASP Services may be owned or operated by ZOLL, or a ZOLL affiliate or a third party, or any combination of
such facilities, as determined by ZOLL. Customer acknowledges that ZOLL may modify and upgrade the ASP Services, on an ongoing basis, to improve or adapt the
ASP Services. Without limiting the foregoing, ZOLL will have the right, in its sole discretion, to develop, provide and market new, upgraded or modified ASP Services
to Customer, including adding, removing or modifying the functionality or features of the ASP Services accessible by Registered Users. ZOLL will use commercially
reasonable efforts to notify Customer within a reasonable period of time prior to the implementation of such changes so that Customer is reasonably informed of alterations
to the ASP Services that will affect the ASP Services and Customer’s use of them. Notwithstanding anything to the contrary in the Agreement, ZOLL may cease providing
any ASP Services upon at least six months advance notice to Customer.
3.2. Access Software. Subject to the terms and conditions of this Agreement, ZOLL grants to Customer, during the Term, a non-exclusive, non-transferable, non-
sublicensable license for Registered Users to access and use the ASP Services using the ZOLL software that Registered Users may download at the ZOLL Site to access
the ASP Services, as modified, updated and enhanced (the “Access Software”), each as made available to Customer through the ZOLL Site, solely for Customer’s internal
business purposes and solely in accordance with the Documentation. Access Software and Underlying Software are, collectively, the “Software”.
3.3. Restrictions. Customer shall not, and shall not permit any third party to: (a) use, reproduce, modify, adapt, alter, translate or create derivative works from the ASP
Services, Software or Documentation; (b) merge the ASP Services, Software or Documentation with other software or services; (c) sublicense, distribute, sell, use for
service bureau use, lease, rent, loan, or otherwise transfer or allow access to the ASP Services, Software or the Documentation to any third party; (d) reverse engineer,
decompile, disassemble, or otherwise attempt to alter or derive the Source Code for the ASP Services or Software; (e) remove, alter, cover or obfuscate any copyright
notices or other proprietary rights notices included in the ASP Services, Software or Documentation; or (f) otherwise use or copy the ASP Services, Software or
Documentation in any manner not expressly permitted by the Agreement. Customer agrees not to use the ASP Services in excess of its authorized login protocols.
Customer shall immediately notify ZOLL of any unauthorized use of Customer’s login ID, password or account or other breach of security. If Customer becomes aware
of any actual or threatened activity contemplated by the restrictions on use set forth in this section, Customer will, and will cause Registered Users to, immediately take
all reasonable measures necessary to stop the activity or threatened activity and to mitigate the effect of such activity including: (i) discontinuing and limiting any improper
access to any data; (ii) preventing any use and disclosure of improperly obtained data; (iii) destroying any copies of improperly obtained data that may have been made
on their systems; (iv) otherwise attempting to mitigate any harm from such events; and (v) immediately notifying ZOLL of any such event so that ZOLL may also attempt
to remedy the problem and prevent its future occurrence.
3.4. Service Level Agreement.
3.4.1. Downtime. “Downtime”, expressed in minutes, is any time the ASP Services are not accessible to Registered Users.
3.4.2. Planned Downtime. “Planned Downtime” is Downtime during which ASP Services may not be available in order for ZOLL to continue to provide commercially
reasonable services, features and performance to its customers. Planned Downtime includes, but is not limited to: (a) Standard Maintenance; and (b) Emergency
Maintenance. “Standard Maintenance” is performed when upgrades or system updates are desirable. “Emergency Maintenance” is performed when a critical system
update must be applied quickly to avoid significant Downtime. Standard Maintenance may be performed weekly on Monday and Wednesday between the hours of 7 p.m.
to 11 p.m. in Broomfield, Colorado. ZOLL will provide Customer with notice at least 24 hours in advance of Standard Maintenance.
3.4.3. Excused Downtime. “Excused Downtime” time is Downtime caused by: (a) services, software or hardware provided by anyone or any entity other than ZOLL,
(b) software, services or systems operating outside of a ZOLL Site, including any software or systems operating on a Customer’s premises (including ZOLL software);
(c) a Force Majeure Event or (d) Customer's failure to comply with its obligations under the Agreement or use of the ASP Services in ways that were not intended.
3.4.4. Unplanned Downtime. Unplanned Downtime in a calendar month is expressed as a percentage calculated as follows:
(Downtime - (Planned Downtime + Excused Downtime)) x 100 = x %, where “x” is Unplanned Downtime. Total number of minutes in the calendar month
3.4.5. Unplanned Downtime Goal. ZOLL shall provide the ASP Services such that there is less than 1% of Unplanned Downtime in a calendar month (the “Unplanned
Downtime Goal”). The ASP Services covered by the Unplanned Downtime Goal are those for which Customer has paid all Fees when due and is using in the course of
carrying out its normal business operations in accordance with the Agreement.
3.4.6. Revocation of Administrative Rights. Notwithstanding anything to the contrary in the Agreement, ZOLL may revoke administrative rights, including database
access rights, if the use of any such rights results in Downtime.
2
v.4 – 2021-08-26
3.4.7. Customer Content; Security; Backup.
3.4.7.1. Customer Content. As between ZOLL and Customer, and without limiting the rights of any patient, Customer will retain all right, title and interest in and to all
data, information or other content provided by Customer in its use of the ASP Services (“Customer Content”); provided, however, that ZOLL may de-identify and use
Customer Content for any lawful purpose consistent with all applicable law.
3.4.7.2. Security. Subject to Customer’s obligations under this Agreement, ZOLL will implement commercially reasonable security measures within the ASP Services
in an attempt to prevent unlawful access to Customer Content by third parties. Such measures may include, where appropriate, use of updated firewalls, commercially
available virus screening software, logon identification and passwords, encryption, intrusion detection systems, logging of incidents, periodic reporting, and prompt
application of current security patches and virus definitions.
3.4.7.3. Backup of Customer Content (Not Applicable to Remote View). Although ZOLL will use commercially reasonable efforts to maintain the integrity of the
Customer Content, to back up the Customer Content, and to provide full and ongoing access to the ASP Services, loss of access to the ASP Services and loss of Customer
Content may occur. Customer will make provision for additional back-up storage of any critical Customer Content and shall be responsible for compliance with all records
retention requirements applicable to Customer. ZOLL will not be responsible for any loss, corruption of or inaccessibility of the Customer Content due to interruption in
the ASP Services or otherwise arising out of circumstances not within ZOLL’s control.
3.4.7.4. Availability of Customer Content (Not Applicable to Remote View). It is Customer’s responsibility to maintain any Customer Content that it requires for
archival purposes, ongoing management of its operations and compliance with applicable records retention requirements. Unless specified otherwise in the Agreement,
ZOLL will store Customer Content, other than Inactive Customer Content as defined below (the “Active Customer Content”), in ZOLL’s working data set until the
earlier of (i) five years (calculated from the date of creation of such Customer Content, or ZOLL’s receipt of such Customer Content, whichever is later) or (ii) the
expiration or termination of this Agreement or the Order under which such Active Customer Content was stored (the “Active Retention Period”). Upon the expiration
of the Active Retention Period, ZOLL will notify Customer in writing and will provide Customer the option, which Customer shall exercise by informing ZOLL in
writing, within 30 days of receiving the notice, that either (a) Customer wishes to receive Active Customer Content in a database determined by ZOLL in its sole and
absolute discretion (a “Database”), or (b) Customer will pay ZOLL, at ZOLL’s then-current storage rates and upon ZOLL’s then-current terms and conditions, to continue
to store the Active Customer Content. If Customer fails to exercise one of the foregoing options within such 30-day period, ZOLL will have the right to destroy the
Active Customer Content. During the time ZOLL stores Customer Content for Customer hereunder, ZOLL may periodically identify Customer Content that has had no
activity associated with it for at least 180 days (“Inactive Customer Content”) and will notify Customer in writing of its intent to remove the Inactive Customer Content
from ZOLL’s working data set and destroy such data, unless Customer requests, in writing, within 30 days of receiving the notice from ZOLL, that either (z) Customer
wishes to receive the Inactive Customer Content in a Database, or (y) Customer will pay ZOLL, at ZOLL’s then-current storage rates and upon ZOLL’s then-current
terms and conditions, to continue to store such Inactive Customer Content. If Customer fails to exercise one of the foregoing options within such 30-day period, ZOLL
will have the right to destroy the applicable Inactive Customer Content in its possession or under its control. Except for this Section 3.4.7.4, the terms of Section 3.4
(including, without limitation, the Unplanned Downtime Goal) do not apply to Customer’s access of Inactive Customer Content. Customer represents, warrants and agrees
that it (A) is solely responsible for determining the retention period applicable to it with respect to Customer Content maintained by ZOLL; (B) has consulted with or has
had the opportunity to consult with legal, information governance or records management professionals; and (C) is not relying upon ZOLL to assist with determining the
records maintenance or retention requirements applicable to it.
3.4.8. Remedies. A “Service Credit” means a percentage of the monthly Fee to be credited to Customer (subject to Customer’s written request therefor and ZOLL’s
verification thereof) for any ASP Service for which the Unplanned Downtime Goal is exceeded in a calendar month. For any calendar month where the aggregate total of
Unplanned Downtime for any ASP Service exceeds one percent ZOLL will provide a 10% Service Credit towards Customer's monthly Fee for such ASP Service that was
affected; provided, that Customer (i) requests such Service Credit in writing within 30 days of the end of the calendar month in which such Unplanned Downtime occurred,
(ii) includes in such request the nature of, and date and time of such Unplanned Downtime and (iii) such Unplanned Downtime is verified by ZOLL. Such Service Credit
will be applied to a future month's invoice for such ASP Services, which typically is two months later. Failure to submit a written request for Service Credit as provided
in this Section 3.4.8 shall constitute a waiver of such Service Credit by Customer. Further, Service Credits shall not be issued if Customer is not current on all Fees due
and payable. The remedy set forth in this Section 3.4.8 shall be the Customers’ sole and exclusive remedy with respect to ZOLL exceeding the Unplanned Downtime
Goal.
3.4.9. Modifications. Changes to this Section 3.4 may be made from time to time at ZOLL’s sole discretion. Customer will be notified of any such changes that are
material.
4. Implementation Services. ZOLL shall provide ASP Services implementation, training and any related services identified in an Order (the “Implementation
Services”). Customer shall, in a timely manner and at its own expense, cooperate and provide or make available to ZOLL access to the Customer’s premises, systems,
telephone, terminals and facsimile machines and all relevant information, documentation and staff reasonably required by ZOLL to enable ZOLL to perform the
Implementation Services. Customer acknowledges that any time frames or dates for completion of the Implementation Services set out in an Order are estimates only and
the ability to meet them is influenced by a range of factors including, without limitation, response times and level of cooperation of Customer. Any obligations as to time
are therefore on a “reasonable efforts” basis only and ZOLL shall not be liable for failure to meet time frames or completion dates unless solely due to ZOLL’s negligence.
5. Support Services. ZOLL shall provide the following Support Services for ASP Services without any additional Fees, except that ZOLL will have no obligation to
provide such Support Services if any Fees for ASP Services are past due.
5.1. Support.
5.1.1. Emergency Support. ZOLL shall provide telephone support to Customer for 24 hours a day, 7 days a week, to address Errors that prevent Customer from using
Supported ASP Services for a purpose for which Customer has an immediate and material need. “Supported ASP Services” means the ASP Services for which Customer
has paid the then-current Fees. “Supported Environment” means a browser and other technical environment that supports the use of the ASP Services in accordance
with the Documentation. “Error” means a reproducible defect in the Supported ASP Services when operated in accordance with the Documentation in a Supported
Environment that causes the Supported ASP Services not to operate substantially in accordance with such Documentation.
5.1.2. Technical Support. ZOLL shall provide telephone support to Customer during 6 a.m. to 6 p.m. Eastern Time, Monday to Friday, excluding ZOLL holidays
(“Business Hours”) to address all other Errors relating to any Supported ASP Services. Such telephone support will include (i) clarification of functions and features of
the Supported ASP Services; (ii) clarification of the Documentation; (iii) guidance in operation of the Supported ASP Services; (iv) assistance in identifying and verifying
the causes of suspected Errors in the Supported ASP Services; and (v) advice on bypassing identified Errors in the Supported ASP Services, if reasonably possible.
Responses to such reporting shall be provided at a minimum within twenty-four (24) hours during Business Hours.
5.1.3. Resolution. ZOLL shall use commercially reasonable efforts to provide a modification or workaround to Supported ASP Services that resolves an Error in all
material respects (“Resolution”).
5.1.4. Expenses. Support Services provided hereunder shall be provided from Chelmsford, Massachusetts or Broomfield, Colorado, as determined in ZOLL’s sole
discretion. Should Customer request that ZOLL send personnel to Customer’s location to resolve any Error in the Supported ASP Services, ZOLL may charge Customer
a fee of $2,500 for each day ZOLL personnel is at Customer’s location.
5.1.5. Exceptions. ZOLL shall have no responsibility under this Agreement to fix any Errors arising out of or related to the following causes: (a) Customer’s modification
or combination of the Access Software (in whole or in part), (b) use of the Supported ASP Services in an environment other than a Supported Environment; or (c) accident;
unusual physical, electrical or electromagnetic stress; neglect; misuse; failure or fluctuation of electric power, air conditioning or humidity control; failure of media not
furnished by ZOLL; excessive heating; fire and smoke damage; operation of the Supported ASP Services with other media and hardware, software or telecommunication
3
v.4 – 2021-08-26
interfaces; or causes other than ordinary use. Any corrections performed by ZOLL for such Errors shall be made, in ZOLL’s reasonable discretion, at ZOLL’s then-current
time and material charges. ZOLL will provide the Support Services only for the most current release and the one immediately preceding major release of any Access
Software. Notwithstanding anything to the contrary in the Agreement, (i) ZOLL may cease providing Support Services for any ASP Services upon at least six (6) months
advance notice to Customer of such cessation and (ii) Support Services do not cover Third Party Products or Services (defined below).
5.2. Conditions and Limitations. Customer shall provide ZOLL with access to Customer’s personnel and its equipment. This access must include the ability to remotely
access the equipment on which the Supported ASP Services are operating and to obtain the same access to the equipment as those of Customer’s employees having the
highest privilege or clearance level. ZOLL will inform Customer of the specifications of the remote access methods available and associated software needed, and
Customer will be responsible for the costs and use of said equipment. Fees for third party software and services are set by the owner of such software.
6. Warranties.
6.1. Implementation Services and Support Services. Subject to Customer’s payment of the Fees, ZOLL warrants that any Implementation Services or Support Services
provided to Customer will be performed with due care in a professional and workmanlike manner. ZOLL shall, as its sole obligation and Customer’s sole and exclusive
remedy for any breach of the warranty set forth in this Section 6.1, perform again the Implementation Services or Support Services that gave rise to the breach or, in the
case of Implementation Services, at ZOLL’s option, refund the Fees for such Implementation Services paid by Customer for the Implementation Services which gave rise
to the breach. The availability of any remedy for a breach of the warranty set forth in this Section 6.1 is conditioned upon Customer notifying ZOLL in writing of such
breach within thirty (30) days following performance of the defective Implementation Services or Support Services, specifying the breach in reasonable detail.
6.2. ASP Services and Access Software. Subject to Customer’s payment of the Fees, ZOLL represents and warrants with respect to any ASP Services that (i) ZOLL
has the right to license the Access Software and Documentation and make the ASP Services available to Customer pursuant to this Agreement and (ii) the ASP Services,
when used as permitted and in accordance with the Documentation, will materially conform to the Documentation. ZOLL does not warrant that Customer’s use of the
ASP Services will be error free or uninterrupted. Customer will notify ZOLL in writing of any breach of this warranty with respect to any ASP Services prior to the
expiration or termination of the Order for such ASP Services. If ZOLL is unable to provide a correction or work-around pursuant to the terms governing the provision of
the ASP Services after using commercially reasonable efforts, ZOLL may terminate such Order upon written notice to Customer. Any such correction or work-around
shall not extend the term of such Order. This Section 6.2 sets forth Customer’s exclusive remedy, and ZOLL’s entire liability, for breach of the warranty for the ASP
Services contained herein.
6.3. Warranty Disclaimers. The warranties for the Software and Services are solely and expressly as set forth in Section 6.1 and Section 6.2 and are expressly qualified,
in their entirety, by this Section 6.3. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 6.1 AND SECTION 6.2, (A) THE SOFTWARE AND SERVICES ARE
PROVIDED STRICTLY “AS IS”, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, WRITTEN OR ORAL; (B)
ZOLL DOES NOT PROMISE THAT THE SOFTWARE OR SERVICES WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE OR THAT THEY ARE
SUITABLE FOR THE PARTICULAR NEEDS OF CUSTOMER, REGISTERED USERS OR ANY THIRD PARTY; AND (C) ZOLL SPECIFICALLY DISCLAIMS
ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, AND NON INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR
USAGE IN TRADE. CUSTOMER ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES IN THIS
AGREEMENT, AND THAT NO WARRANTIES ARE MADE BY ANY OF ZOLL’S LICENSORS OR SUPPLIERS WITH RESPECT TO THIRD PARTY
PRODUCTS OR SERVICES. Customer acknowledges and agrees that, in entering into this Agreement, it has not relied upon the future availability of any new or
enhanced feature or functionality, or any new or enhanced product or service, including, without limitation, updates or upgrades to ZOLL’s existing products and services.
ZOLL’s performance obligations hereunder are limited to those expressly enumerated herein, and payment for ZOLL’s performance obligations shall be due as described
herein.
7. Confidentiality. Neither party will use any trade secrets, information, or other material, tangible or intangible, that relates to the business or technology of the other
party and is marked or identified as confidential or is disclosed in circumstances that would lead a reasonable person to believe such information is confidential
(“Confidential Information”) for any purpose not expressly permitted by this Agreement, and will further disclose the Confidential Information of the party disclosing
it (“Disclosing Party”) only to the employees or contractors of the party receiving it (“Receiving Party”) who have a need to know such Confidential Information for
purposes of this Agreement and who are under a duty of confidentiality no less restrictive than the Receiving Party’s duty hereunder. The Receiving Party will protect the
Disclosing Party’s Confidential Information from unauthorized use, access, or disclosure in the same manner as the Receiving Party protects its own confidential or
proprietary information of a similar nature and with no less than reasonable care. The ASP Services, Software and Documentation shall be ZOLL’s Confidential
Information (including without limitation any routines, subroutines, directories, tools, programs, or any other technology included in the Software), notwithstanding any
failure to mark or identify it as such. The Receiving Party’s obligations under this Section 7 with respect to any Confidential Information of the Disclosing Party will
terminate when and to the extent the Receiving Party can document that such information: (a) was already lawfully known to the Receiving Party at the time of disclosure
by the Disclosing Party; (b) is disclosed to the Receiving Party by a third party who had the right to make such disclosure without any confidentiality restrictions; (c) is,
or through no fault of the Receiving Party has become, generally available to the public; or (d) is independently developed by the Receiving Party without access to, or
use of, Confidential Information. In addition, the Receiving Party may disclose Confidential Information of the Disclosing Party to the extent that such disclosure is: (i)
necessary for the Receiving Party to enforce its rights under this Agreement in connection with a legal proceeding; or (ii) required by law or by the order of a court or
similar judicial or administrative body, provided that the Receiving Party notifies the Disclosing Party of such disclosure in writing prior to making such disclosure and
cooperates with the Disclosing Party, at the Disclosing Party’s reasonable request and expense, in any lawful action to contest or limit the scope of such disclosure.
8. Indemnification.
8.1. By ZOLL. ZOLL will defend, at its own expense, any action against Customer or its or any of its agents, officers, director, or employees (“Customer Parties”)
brought by a third party alleging that any Software or Services infringe any U.S. patents or any copyrights or misappropriate any trade secrets of a third party, and ZOLL
will pay those costs and damages finally awarded against the Customer Parties in any such action that are specifically attributable to such claim or those costs and damages
agreed to in a monetary settlement of such action. The foregoing obligations are conditioned on Customer: (a) notifying ZOLL promptly in writing of such claim or action;
(b) giving ZOLL sole control of the defense thereof and any related settlement negotiations; and (c) cooperating with ZOLL and, at ZOLL’s request and expense, assisting
in such defense. If any of the Software or Services become, or in ZOLL’s opinion is likely to become, the subject of an infringement claim, ZOLL may, at its sole option
and expense, either: (i) procure for Customer the right to continue using such Software or Services; (ii) modify or replace such Software or Services with substantially
similar software or services so that such Software or Services becomes non-infringing; or (iii) terminate this Agreement, in whole or in part. Notwithstanding the foregoing,
ZOLL will have no obligation under this Section 8.1 or otherwise with respect to any infringement claim based upon: (1) use of any of the Software or Services not in
accordance with this Agreement; (2) any use of any Software or Services in combination with products equipment, software, services or data not supplied by ZOLL if
such infringement would have been avoided but for the combination with other products, equipment, software, services or data; (3) the failure of Customer to implement
any replacements, corrections or modifications made available by ZOLL for any Software or Services including, but not limited to, any use of any release of the Software
other than the most current release made commercially available by ZOLL; (4) any Customer Content; or (5) any modification of any Software or Services or use thereof
by any person other than ZOLL or its authorized agents or subcontractors. This Section 8 states ZOLL’s entire liability and the exclusive remedy for any claims of
infringement.
8.2. By Customer. Customer shall indemnify, defend and hold ZOLL and its agents, officers, directors and employees (the “ZOLL Parties”) harmless from and against
any and all liabilities, losses, expenses, damages and claims (collectively, “Claims”) that arise out of the following except to the extent the Claims are due to the gross
negligence, intentional misconduct or breach of this Agreement by the ZOLL Parties: (i) information provided to any of the ZOLL Parties by any of the Customer Parties;
(ii) any of the Customer Parties’ use or misuse of any of the Software or Services, including without limitation in combination with Customer’s software or services or
third party software or services; (iii) any modifications made by any of the Customer Parties to any of the Software or Services; (iv) infringement by any of the Customer
4
v.4 – 2021-08-26
Parties of any third party intellectual property right; (v) Taxes (other than taxes based on ZOLL’s net income) and any related penalties and interest, arising from the
payment of the Fees or the delivery of the Software and Services to Customer; and (ix) any violation of laws or regulations, including without limitation applicable export
and import control laws and regulations in the use of any of the Software or Services, by any of the Customer Parties.
9. Limitation of Liability. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, IN NO EVENT WILL ZOLL OR ITS AFFILIATES,
SUBCONTRACTORS OR SUPPLIERS, OR ANY OF THEIR OFFICERS OR DIRECTORS, BE LIABLE, EVEN IF ADVISED OF THE POSSIBILITY, FOR: (i)
SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, HOWEVER CAUSED AND ON ANY
THEORY OF LIABILITY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), (ii) LOSS OF PROFIT, DATA, BUSINESS OR GOODWILL, COSTS OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR (iii) ANY LOSSES, COSTS OR DAMAGES ASSOCIATED WITH CUSTOMER’S PRODUCTS
OR OTHER ELEMENTS INCORPORATED OR USED THEREWITH WHICH WERE NOT PROVIDED BY ZOLL OR WITH RESPECT TO ANY
MODIFICATIONS MADE TO THE SOFTWARE OR SERVICES OR MISUSE OF THE SOFTWARE OR SERVICES. ZOLL’S TOTAL CUMULATIVE LIABILITY
IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE AMOUNT PAID TO ZOLL
BY CUSTOMER FOR THE SOFTWARE AND SERVICES PROVIDED UNDER THIS AGREEMENT DURING THE 12-MONTH PERIOD PRECEDING THE
EVENTS GIVING RISE TO SUCH LIABILITY. Customer acknowledges that these limitations reflect the allocation of risk set forth in this Agreement and that ZOLL
would not enter into this Agreement without these limitations on its liability. Customer agrees that these limitations shall apply notwithstanding any failure of essential
purpose of any limited remedy. The remedies in this Agreement are Customer’s sole and exclusive remedies. In addition, ZOLL disclaims all liability of any kind of
ZOLL’s licensors and suppliers, for third party products or services, and for the actions or omissions of Customer’s representatives.
10. Ownership. All right, title and interest, including but not limited to all existing or future copyrights, trademarks, service marks, trade secrets, patents, patent
applications, know how, moral rights, contract rights, and proprietary rights, and all registrations, applications, renewals, extensions, and combinations of the foregoing,
in and to the following are the exclusive property of ZOLL (or, as the case may be, its subsidiaries, licensors and suppliers): (i) ASP Services, Software, Documentation,
and all proprietary technology used by ZOLL to perform its obligations under this Agreement; (ii) all software, tools, routines, programs, designs, technology, ideas,
know-how, processes, techniques and inventions that ZOLL makes, develops, conceives or reduces to practice, whether alone or jointly with others, in the course of
performing the Services; (iii) the fully compiled version of any of the foregoing software programs that can be executed by a computer and used without further compilation
(the “Executable Code”); (iv) the human readable version of any of the foregoing software programs that can be compiled into Executable Code (the “Source Code”);
and (v) all enhancements, modifications, improvements and derivative works of each and any of the foregoing (the “ZOLL Property”). If any derivative work is created
by Customer from the Software or Services, ZOLL shall own all right, title and interest in and to such derivative work. Any rights not expressly granted to Customer
hereunder are reserved by ZOLL (or its licensors and suppliers, as the case may be).
11. Term and Termination.
11.1. Term. The term of this Agreement (“Term”) begins on the effective date of the first Order incorporating this Agreement and continues until it is terminated. The
term of each Order begins on the effective date of such Order and continues until it expires or is terminated; provided, however, that such term (and any extension thereof)
shall automatically renew for an equivalent period at ZOLL’s then current list pricing unless either party notifies the other party in writing of an intent to not renew such
term at least ninety (90) days prior to the expiration of such term. “Implementation Date” for any ASP Services means the earlier of (a) the date upon which the activation
of such ASP Services is complete and such ASP Services are able to function as described in the warranty for such ASP Services, regardless of whether Customer uses
such ASP Services or (b) one hundred eighty (180) days following the shipment of the monitor/defibrillators in connection with which such ASP Services are to be used,
unless a delay in the activation of such ASP Services is caused by ZOLL, in which case the Implementation Date shall be postponed by a number of days equal to the
delay that ZOLL has caused; or (c) if Customer does not use Implementation Services to activate such ASP Services, the date of the Order for such ASP Services.
11.2. Termination. Either party may terminate this Agreement or any Order without cause on thirty (30) days’ prior written notice to the other party. Either party may
terminate this Agreement or any Order if the other party materially defaults in the performance of any of its obligations hereunder and fails to cure such default within
twenty (20) days after written notice from the non-defaulting party.
11.3. Effects of Termination. Upon expiration or termination of this Agreement or any Order for any reason: (a) all amounts, if any, owed to ZOLL under this Agreement
or the Order that has expired or been terminated (the “Expired or Terminated Document”) before such termination or expiration will become immediately due and
payable; (b) Customer’s right to access the ASP Services, and all licensed rights granted, in the Expired or Terminated Document will immediately terminate and cease
to exist; and (c) Customer must (i) promptly discontinue all use of any ASP Services provided under the Expired or Terminated Document (ii) erase all copies of Access
Software from Customer’s computers and the computers of its customers and return to ZOLL or destroy all copies of such Access Software and related Documentation
on tangible media in Customer’s possession and (iii) return or destroy all copies of the Documentation in Customer’s possession or control; (d) each party shall promptly
discontinue all use of the other party’s Confidential Information disclosed in connection with the Expired or Terminated Document and return to the other party or, at the
other party’s option, destroy, all copies of any such Confidential Information in tangible or electronic form. Additionally, if any Order for ASP Services is terminated by
ZOLL for a material default or by Customer without cause, then Customer immediately shall pay ZOLL an early termination fee equal to the amount of (x) the Fees for
such ASP Services otherwise payable during the initial term of such Order had such Order not been terminated during such term minus (y) the sum of such Fees paid by
Customer to ZOLL prior to the date of termination. Upon ZOLL’s request, Customer will provide a written certification (in a form acceptable to ZOLL), certifying as to
Customer’s compliance with its post-termination obligations set forth in this Section 11.3.
12. General Provisions.
12.1. Compliance with Laws. Customer shall comply with all applicable laws and regulations, and obtain required authorizations, concerning its use of the ASP Services,
including without limitation if applicable all export and import control laws and regulations. Customer will not use any ASP Services for any purpose in violation of any
applicable laws. ZOLL may suspend performance if Customer violated applicable laws or regulations.
12.2. Audits and Inspections. Upon written request from ZOLL, Customer shall furnish ZOLL with a certificate signed by an officer of Customer stating that the ASP
Services are being used strictly in accordance with the terms and conditions of this Agreement. During the Term and for a period of six months following the termination
or expiration of this Agreement, upon prior written notice, ZOLL will have the right, during normal business hours, to inspect, or have an independent audit firm inspect,
Customer’s records relating to Customer’s use of the ASP Services to ensure it is in compliance with the terms of this Agreement. The costs of the audit will be paid by
ZOLL, unless the audit reveals that Customer’s underpayment of Fees exceeds five percent. Customer will promptly pay to ZOLL any amounts shown by any such audit
to be owing (which shall be calculated at ZOLL’s standard, non-discounted rates) plus interest as provided in Section 2 above.
12.3. Assignments. Customer may not assign or transfer, by operation of law or otherwise (including in connection with a sale of substantially all assets or equity, merger
or other change in control transaction), any of its rights under this Agreement or any Order to any third party without ZOLL’s prior written consent. Any attempted
assignment or transfer in violation of the foregoing will be null and void. ZOLL shall have the right to assign this Agreement or any Order to any affiliate, or to any
successor to its business or assets to which this Agreement relates, whether by merger, sale of assets, sale of stock, reorganization or otherwise, and to contract with any
third party to provide part of any of the Software and Services, and to delegate performance of this Agreement or any Order to any of its subsidiaries.
12.4. U.S. Government End Users. If Customer is a branch or agency of the United States Government, the following provision applies. The Software and Documentation
are composed of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212 (SEPT 1995) and are
(i) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (ii) for acquisition by or on behalf of units of the
Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202 1 (JUN 1995) and 227.7202 3 (JUN 1995).
12.5. Notices. All notices, consents, and approvals under this Agreement must be delivered in writing by electronic mail, courier, electronic facsimile, or certified or
registered mail (postage prepaid and return receipt requested) to the other party at the address set forth in the most recent Order (or to such other address or person as
from time to time provided by such party in accordance with this Section 12.5), and will be effective upon receipt or three (3) business days after being deposited in the
mail as required above, whichever occurs sooner.
5
v.4 – 2021-08-26
12.6. Governing Law and Venue; Waiver of Jury Trial. This Agreement will be governed by and interpreted in accordance with the laws of the State of Colorado
without reference to its choice of law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Any action
or proceeding arising from or relating to this Agreement shall be brought in a federal or state court in the State of Colorado, and each party irrevocably submits to the
jurisdiction and venue of any such court in any such action or proceeding. EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY
WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT.
12.7. Remedies. Except as otherwise expressly provided in this Agreement, the parties’ rights and remedies under this Agreement are cumulative. Customer acknowledges
that the Software and Services are built on valuable trade secrets and proprietary information of ZOLL, that any actual or threatened breach hereof will constitute
immediate, irreparable harm to ZOLL for which monetary damages would be an inadequate remedy, and that ZOLL will be entitled to injunctive relief for such breach
or threatened breach. Customer further agrees to waive and hereby waives any requirement for the security or the posting of any bond in connection with such remedies.
Such remedies shall not be considered to be the exclusive remedies for any such breach or threatened breach, but shall be in addition to all other remedies available at law
or equity to ZOLL.
12.8. Waivers. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision
on any other occasion.
12.9. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, such provision will be changed and interpreted to
accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of this Agreement will continue in full force
and effect. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in
full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
12.10. Independent Contractors. The parties are entering into, and will perform, this Agreement as independent contractors. Nothing in this Agreement will be construed
to make either party the agent of the other for any purpose whatsoever, to authorize either party to enter into any contract or assume any obligation on behalf of the other
or to establish a partnership, franchise or joint venture between the parties.
12.11. Third Parties. Customer is solely responsible for, and none of the fees set forth herein shall be deemed to cover, any amounts owed to third parties in connection
with the use of the ASP Services. If Customer engages a third-party provider (“Third Party Provider”) to deliver products or services, including without limitation
software, integrated into or receiving data from or accessing the ASP Services (“Third Party Products or Services”), Customer represents, warrants and agrees that: (i)
ZOLL shall have no liability, and makes no representation, with respect to such Third Party Products or Services; and (ii) the Third Party Provider shall not be an agent
of ZOLL. To the extent the ASP Services or Software contains software owned by a third party for which ZOLL has a license agreement with a third party, the ASP
Services and Software and all rights granted hereunder are expressly limited by and subject to any license agreements ZOLL may have for such software.
12.12. Force Majeure. Neither party shall be liable for damages for any delay or failure of performance hereunder (other than payment obligation) arising out of causes
beyond such party’s reasonable control and without such party’s fault or negligence, including, but not limited to, failure of its suppliers to timely deliver acceptable parts
or services, any act or omission of Customer that interferes with or impedes ZOLL’s performance hereunder, acts of God, acts of civil or military authority, fires, riots,
wars, embargoes, Internet disruptions, hacker attacks, or communications failures (a “Force Majeure Event”).
12.13. Entire Agreement; Amendment; No Third Party Beneficiaries; Survival. This Agreement, which may be accepted by performance, constitutes the entire
agreement between the parties regarding the subject hereof and supersedes all prior or contemporaneous agreements, understandings, and communication, whether written
or oral, except agreements at zollonline.com. Any other representation or agreement, whether written or oral, including but not limited to any purchase order issued by
Customer, shall be wholly inapplicable to the Software and Services and shall not be binding in any way on ZOLL. This Agreement may not be amended or changed or
any provision hereof waived except in writing signed by both parties. Any different or additional terms in any purchase order, confirmation or similar form issued or
otherwise provided by Customer but not signed by an authorized representative of ZOLL shall have no force or effect. There are no third party beneficiaries of this
Agreement. Those provisions of this Agreement that may be reasonably interpreted as surviving termination of this Agreement or the survival of which is necessary for
the interpretation or enforcement of this Agreement shall continue in full force and effect in accordance with their terms notwithstanding the termination hereof including,
but not limited to, Section 7 (Confidentiality), Section 8 (Indemnification), Section 9 (Limitation on Liability), Section 10 (Ownership), Section 11.3 (Effects of
Termination) and Section 12 (General Provisions). This Agreement may be executed in counterparts, each of which will be considered an original, but all of which
together will constitute the same instrument.
13. HIPAA. This Section 13 applies if and to the extent that ZOLL creates, receives, maintains or transmits, directly or indirectly, any protected health information of
Customer (“PHI”) in the course of providing Software or Services to Customer. Capitalized terms used but not defined in this Section 13 have the meanings assigned to
them elsewhere in the Agreement or, if not defined therein, as defined in the Health Insurance Portability and Accountability Act of 1996 (P.L. 104 191), 42 U.S.C.
Section 1320d, et seq., and regulations promulgated thereunder, as amended from time to time (such statute and regulations collectively referred to as “HIPAA”).
“Covered Entity” as used herein means Customer. “Business Associate” as used herein means ZOLL. The purpose of this Section 13 is to comply with 45 C.F.R.
§164.502(e) and §164.504(e), governing PHI and business associates under HIPAA
13.1. Applicability. This Section 13 applies if and to the extent that Business Associate creates, receives, maintains or transmits, directly or indirectly, any PHI in the
course of providing Software or Services to Covered Entity.
13.2. Compliance and Agents. Business Associate agrees that, to the extent it has access to PHI, Business Associate will fully comply with the requirements of this
Section 13 with respect to such PHI. Business Associate will ensure that every agent, including a subcontractor, of Business Associate to whom it provides PHI received
from, or created or received by Business Associate on behalf of, Covered Entity will comply with the same restrictions and conditions as set forth herein.
13.3. Use and Disclosure; Rights. Business Associate agrees that it shall not use or disclose PHI except as permitted under this Agreement, and in compliance with each
applicable requirement of 45 CFR Section 164.504(e). Business Associate may use or disclose the PHI received or created by it, (a) to perform its obligations under this
Agreement, (b) to perform functions, activities, or services for, or on behalf of, Covered Entity as specified in the Agreement, or (c) to provide data aggregation functions
to Covered Entity as permitted by HIPAA. Further, Business Associate may use the PHI received by it in its capacity as Business Associate, if necessary, to properly
manage and administer its business or to carry out its legal responsibilities. Business Associate may disclose the PHI received by it in its capacity as Business Associate
to properly manage and administer its business or to carry out its legal responsibilities if: (a) the disclosure is required by law, or (b) the Business Associate obtains
reasonable assurances from the person to whom the information is disclosed that it will be held confidentially and used or further disclosed only as required by law or for
the purpose for which it is disclosed to the person and the person notifies Business Associate of any instances of which it is aware that the confidentiality of the information
has been breached. Covered Entity shall not request Business Associate to use or disclose PHI in any manner that would not be permissible under HIPAA if done by
Covered Entity.
13.4. Safeguards. Business Associate agrees to develop, document, use, and keep current appropriate procedural, physical, and electronic safeguards, as required in 45
C.F.R. §§164.308 - 164.312, sufficient to prevent any use or disclosure of electronic PHI other than as permitted or required by this Agreement.
13.5. Minimum Necessary. Business Associate will limit any use, disclosure, or request for use or disclosure to the minimum amount necessary to accomplish the
intended purpose of the use, disclosure, or request.
13.6. Report of Improper Use or Disclosure. Business Associate shall report to Covered Entity any information of which it becomes aware concerning any use or
disclosure of PHI that is not permitted by this Agreement and any security incident of which it becomes aware. Business Associate will, following the discovery of a
breach of “unsecured protected health information,” as defined in 45 C.F.R. § 164.402, notify Covered Entity of such breach within 15 days. The notice shall include
the identification of each individual whose unsecured protected health information has been, or is reasonably believed by Business Associate to have been, accessed,
6
v.4 – 2021-08-26
acquired, or disclosed during such breach. Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to Business Associate of a
use or disclosure of PHI by Business Associate in violation of this Agreement.
13.7. Individual Access. In accordance with an individual’s right to access to his or her own PHI in a designated record set under 45 CFR §164.524 and the individual’s
right to copy or amend such records under 45 CFR §164.524 and §164.526, Business Associate shall make available all PHI in a designated record set to Covered Entity
to enable the Covered Entity to provide access to the individual to whom that information pertains or such individual’s representative.
13.8. Amendment of and Access to PHI. Business Associate shall make available for amendment PHI in a designated record set and shall incorporate any amendments
to PHI in a designated record set in accordance with 45 CFR §164.526 and in accordance with any process mutually agreed to by the parties.
13.9. Accounting. Business Associate agrees to document such disclosures of PHI and information related to such disclosures as would be required for Covered Entity
to respond to an individual’s request for an accounting of disclosures of their PHI in accordance with 45 CFR §164.528. Business Associate agrees to make available to
Covered Entity the information needed to enable Covered Entity to provide the individual with an accounting of disclosures as set forth in 45 CFR §164.528.
13.10. DHHS Access to Books, Records, and Other Information. Business Associate shall make available to the U.S. Department of Health and Human Services
(“DHHS”), its internal practices, books, and records relating to the use and disclosure of PHI received from, or created or received by Business Associate on behalf of,
Covered Entity for purposes of determining the Covered Entity’s compliance with HIPAA.
13.11. Individual Authorizations; Restrictions. Covered Entity will notify Business Associate of any limitation in its notice of privacy practices, any restriction to the
use or disclosure of PHI that Covered Entity has agreed to with an individual and of any changes in or revocation of an authorization or other permission by an individual,
to the extent that such limitation, restriction, change, or revocation may affect Business Associate’s use or disclosure of PHI.
13.12. HITECH Act Compliance. Covered Entity and Business Associate agree to comply with the amendments to HIPAA included in the Health Information
Technology for Economic and Clinical Health Act (the “HITECH Act”), including all privacy and security regulations issued under the HITECH Act that apply to
Business Associate.
13.13. Breach; Termination; Mitigation. If Covered Entity knows of a pattern of activity or practice of Business Associate that constitutes a material breach or violation
of Business Associate’s obligations under this Section 13, Covered Entity and Business Associate shall take any steps reasonably necessary to cure such breach and make
Business Associate comply, and, if such steps are unsuccessful, Covered Entity may terminate this Agreement. Business Associate shall take reasonable actions available
to it to mitigate any detrimental effects of such violation or failure to comply.
13.14. Return of PHI. Business Associate agrees that upon termination of this Agreement, and if feasible, Business Associate shall (a) return or destroy all PHI received
from Covered Entity, or created or received by Business Associate on behalf of Covered Entity, that Business Associate has continued to maintain in any form or manner
and retain no copies of such information or, (b) if such return or destruction is not feasible, immediately notify Covered Entity of the reasons return or destruction are not
feasible, and extend indefinitely the protection of this Section 13 to such PHI and limit further uses and disclosures to those purposes that make the return or destruction
of the PHI not feasible.
13.15. De-identified Health Information. Business Associate may de-identify any and all PHI and may create a “Limited Data Set” in accordance with 45 C.F.R. §
164.514(b) & (e). Covered Entity acknowledges and agrees that de-identified information is not PHI and that Business Associate may use such de-identified information
for any lawful purpose. Use or disclosure of a Limited Data Set must comply with 45 CFR 164.514(e).
13.16. Survival. All representations, covenants, and agreements in or under this Section 13 shall survive the execution, delivery, and performance of this Agreement.
13.17. Further Assurances; Conflicts. Each party shall in good faith execute, acknowledge or verify, and deliver any and all documents which may from time to time
be reasonably requested by the other party to carry out the purpose and intent of this Section 13. The terms and conditions of this Section 13 will override and control any
expressly conflicting term or condition of the Agreement. All non-conflicting terms and conditions of the Agreement shall remain in full force and effect. Any ambiguity
shall be resolved in a manner that will permit Covered Entity to comply with HIPAA. For the avoidance of doubt, a limitation on liability in the Agreement does not
conflict with this Section 13.
13.18. Applicable Law. The parties acknowledge and agree that HIPAA may be amended and additional guidance or regulations implementing HIPAA may be issued
after the date of the execution of this Agreement and may affect the parties’ obligations hereunder. The parties agree to take such action as is necessary to amend this
Agreement from time in order as is necessary for Covered Entity to comply with HIPAA.
By signing below, the Customer acknowledges and agrees to those terms and conditions. The person signing below represents and warrants that she or he has the
authority to bind the Customer to those terms and conditions.
Customer
Signature:
_________________________________________________
Name: ___________________________________________
Title: ____________________________________________
Company: Oshkosh Fire Department____________________
Company Address: _________________________________
Date: ____________________________________________
Wisconsin Public Records Law and Other Laws. Notwithstanding any other
term of this Agreement, whether identified before or after this paragraph, and
including other terms referenced or linked to this Agreement,
(a) The City of Oshkosh is statutorily required to comply with the Wisconsin
Public Records laws as well as other laws. Nothing in this Agreement shall prevent
or prohibit the City of Oshkosh from complying with Wisconsin Public Records or
other laws, or from handling records in a manner consistent with Wisconsin Public
Records or other laws. In the event the City of Oshkosh’s compliance Wisconsin
Public Records laws, or compliance with other laws, conflicts with any term of this
Agreement, whether the term is explicitly stated, or referenced, or linked, the City
of Oshkosh will comply with the applicable law provided that all exceptions and
exemptions of such law are observed before disclosing any of ZOLL’s Confidential
Information and such compliance shall not be considered a breach, default, waiver,
or other violation of any term of this Agreement.
(b) For purposes of clarification, but without limitation, the City of Oshkosh
acknowledges the intellectual property and trade secrets rights of ZOLL Medical
Corporation (ZOLL), as well as those of ______________ZOLL’s subsidiaries and
affiliates. This section is not intended to limit the aforementioned intellectual
property or trade secret rights as may be otherwise described herein.
(c) For purposes of clarification, but without limitation, the parties note that this
Agreement includes various terms which may be similar, and used together, but
which are not legally interchangeable. It is acknowledged that intellectual property,
proprietary information, confidential information, and information subject to
privacy laws may seem in some sense to be the same, but each are different in nature
and are subject to different legal protections. It is the intent of the parties to interpret
each term according to each term’s unique characteristics. The Wisconsin Public
Records laws prevents public release of some of the aforementioned type of
information, including: Wis. Stat 19.35(1)(records, such as intellectual property,
subject to protection by other federal or state laws); Wis Stat 19.36(4)(computer
programs); Wis Stat 19.36(5)(trade secrets); and, Wis Stat 19.36(13)(financial
identifying information). Wisconsin Public Records laws do not prevent public
disclosure and use of information that entities may believe are proprietary or
confidential, unless that information is explicitly protected by exception or
exemption of one of the previously mentioned laws.
(d) For purposes of further clarification, but without limitation, the City of
Oshkosh notes that computer programs and software is protected from public
disclosure, as noted above. However, Wis. Stat. 19.36(4) explicitly states that all
material used for input into the computer program, and all material produced as a
product of the computer program is subject to public examination and copying
unless otherwise explicitly protected by law from inspection and copying.
Therefore, regardless of any notations of confidentiality placed on any input to the
computer program, or output from the computer program, such records will be
considered records available for public inspection, copying, and use unless
information is otherwise protected from public disclosure by law. In the event that
certain personally identifiable information may be provided to or by
______________ZOLL, and that the City may have access to such information, then
the City believes that such personally identifiable information may be protected
from disclosure using the balancing test analysis as allowed by Wisconsin law. The
City agrees to use such analysis when warranted. In cases where warranted, the City
agrees to use the public records balancing test analysis. In all cases Wisconsin law
reviewed in a Wisconsin venue will determine all public records issues, including
but not limited to which records are made publicly available. Similarly, this
Agreement, communications related to this Agreement, and pricing related to this
Agreement are considered subject to public inspection and copying, and public use
without restriction.
(e)In the event the City of Oshkosh receives a Public Records request seeking
records other than this Agreement, pricing, communications related to this
Agreement, or reports, analysis, or other material produced by the subject software,
the City will notify ZOLL______________ of the request. In the case of records
requests that may include personal information received from
__ZOLL____________, the City agrees to notify ___ZOLL___________ promptly and
allow ___ZOLL___________ the ability to take steps it deems necessary to protect
such information. If it is the City’s position that the requested records are subject to
public inspection and copying according to Wisconsin Public Records laws, and if
_ZOLL_____________ disagrees with the City’s conclusion, then
___ZOLL___________ may take any lawful action it deems necessary to protect its
interests provided such action does not interfere with the City of Oshkosh’s
obligations to respond to the request as soon as practicable and without delay.
However, any resulting actions by __ZOLL____________ shall be taken at
_ZOLL’s_____________ own risk and cost, regardless of the result of such action.
Customer Name: ZOLL Medical Corporation
Name: Name:
Title:
Signature:
Date:
Title:
Signature:
Date:
Oshkosh Fire Department
Signature: ______________________________
Name & Title: Mark Rohloff, City Manager
Date:
Signature: ______________________________
Name & Title: Diane Bartlett, City Clerk
Date:
Signature: ______________________________
Name & Title: Michael G. Stanley, Fire Chief
Date:
Signature: ______________________________
Name & Title: Lynn A. Lorenson, City Attorney
Date:
TO :T O :Honorable Mayor and Members of the Common Council
FRO M :FRO M :Mike Stanley, Fire Chief
D A TE :D A T E :February 13, 2024
SUB JEC T:SUB JEC T :Res 24-62 Approve Inter-Agency Agreement for Automatic Aid with the Town of Algoma to
Provide Assistance for Structure Fires
B A C KGRO UN DBACKGROUND
The City of Oshkosh now has a small residential neighborhood on its western border that does not have
an optimal amount of fire hydrants. Structure fires in this area would necessitate the response of a water
tender fire apparatus. This type of apparatus is not currently in the inventory of the Oshkosh Fire
Department's fleet. Likewise, a structure fire at the Oakwood Elementary School would require a
response of more fire engines than the Town of Algoma Fire Department could provide.
A N A L Y SI SANALYSIS
The Town of Algoma Fire Department does have a water tender fire apparatus and firefighting crew that
would automatically respond when a structure fire is dispatched to the identified residences in the City of
Oshkosh. Should a structure fire be dispatched to Oakwood Elementary School, an Oshkosh Fire
Department fire engine and firefighting crew would automatically respond.
FI SC A L I M P A CTFISCAL I M P A C T
This is a mutual exchange of services and there will be no fiscal impact to either entity. This agreement
would also create a significant cost savings measure for each entity as well.
REC O M M E N D A TI ONRECOMMENDATION
I recommend that Common Council approve this mutually beneficial agreement with the Town of
Algoma so that we can best serve our respective communities.
A t t a chment sAttachments
Res 24-62
Fire Service Mutual Aid Agreement Oshkosh Algoma
02/13/2024 24-62 RESOLUTION
PURPOSE: APPROVE INTER-AGENCY AGREEMENT FOR AUTOMATIC AID WITH THE TOWN OF ALGOMA TO
PROVIDE ASSISTANCE FOR STRUCTURE FIRES
INITIATED BY : OSHKOSH FIRE DEPARTMENT
BE IT FURTHER RESOLVED by the Common Council of the City of Oshkosh that the attached inter-agency
agreement between the City of Oshkosh and Town of Algoma for automatic aid to provide assistance for
structure fires, is hereby approved and the proper City officials are hereby authorized to execute and
deliver the agreement in substantially the same form as attached hereto, any changes in the execution
copy being deemed approved by their respective signatures, and said City officials are authorized and
directed to take those steps necessary to implement the terms and conditions of the Agreement.
TO :T O :Honorable Mayor and Members of the Common Council
FRO M :FRO M :Russ Van Gompel, Director of Finance
D A TE :D A T E :February 13, 2024
SUB JEC T:SUB JEC T :Res 24-63 Approve Amendment to 2024 Operating Budget Fire Department for Fall Prevention
Program
B A C KGRO UN DBACKGROUND
Historically, the fees collected each year for repetitive patient falls are transferred from the General Fund
into account number 02350230-5299-20555 to be used for fall prevention and mitigation programs.
Lifequest, which conducts our billing for emergency medical services, has indicated that we collected
$21,775 in 2023. The Fire Department is requesting that this amount be transferred into their Special
Revenue Fund to be used for their Fall Prevention and Mitigation Programs.
A N A L Y SI SANALYSIS
This amendment would take funds out of the General Fund and move them into the Fire Special Revenue
Fund. Expenditures will be made out of the Fire Special Revenue Fund.
FI SC A L I M P A CTFISCAL I M P A C T
The requested amendment is cost neutral as it is moving funds ($21,775) from the General Fund into the
Fire Special Revenue Fund.
REC O M M E N D A TI ONRECOMMENDATION
Staff recommends that Council approve the attached Resolution.
A t t a chment sAttachments
Res 24-63
2/13/2024 24-63 RESOLUTION
PURPOSE: APPROVE AMENDMENT TO 2024 OPERATIONS BUDGET TO PROVIDE FUNDING FOR THE FIRE
DEPARTMENT FALL PREVENTION PROGRAM
INITIATED BY : FINANCE DEPARTMENT
WHEREAS, the Common Council has adopted the 2024 Operations Budget, which is on file in the Office of
the City Clerk and available for public inspection; and
WHEREAS, it is necessary to amend the 2024 Fire Department Operations Budget to account for the Fall
Prevention Program.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the 2024 Operations
Budget, on file in the City Clerk's Office, is hereby amended to the following accounts:
Acct No.
01000240-4538 Ambulance Service $21,775
02350230-5299-20555 Fire Special Revenue – Transfer In <$21,775>
BE IT FURTHER RESOLVED by the Common Council of the City of Oshkosh that the 2024 Operations Budget, on
file in the City Clerk's Office, is hereby amended to include the same accounts and dollar amounts.
TO :T O :Honorable Mayor and Members of the Common Council
FRO M :FRO M :Russ Van Gompel, Director of Finance
D A TE :D A T E :February 13, 2024
SUB JEC T:SUB JEC T :Res 24-64 Rescind or Refund Real Estate and Personal Property Taxes
B A C KGRO UN DBACKGROUND
Per Wisconsin State Statutes, the removal of Property Taxes needs to be authorized by the Common
Council. Statutes enumerate six specific conditions under which a rescission is appropriate / necessary.
These properties were incorrectly assessed for the tax year 2023. Therefore, the taxes that were
incorrectly charged need to be rescinded. The Assessor's staff verified this rescission is accurate and
necessary.
A N A L Y SI SANALYSIS
Below are the details and reason this is being presented for rescission. In addition, the specific condition
as outlined by State Statutes is included:
State Statute 74.33 (d) -- The property is exempt by law from taxation.
Personal Property -- 804000000 - Allen Investment Services - $23.55
Personal Property -- 200908000 -- Piers to You LLC - $17.87
Personal Property -- 201272000 -- Three Waves Clinic - $303.60
FI SC A L I M P A CTFISCAL I M P A C T
The impact of the above rescission is short-term only, since in the years that the taxes are rescinded, the
City notifies the Department of Revenue (DOR) of the rescissions and the DOR adjusts the equalized value
for the following year to account for the difference. These adjustments are built into the tax rate for all
taxing authorities for the following year.
REC O M M E N D A TI ONRECOMMENDATION
Staff recommends that Council authorize this resolution to rescind the above noted taxes as outlined.
A t t a chment sAttachments
Res 24-64
Allen Investment Services
Piers to You LLC
Three Waves Clinic
2/13/2024 24-64 RESOLUTION
PURPOSE: RESCIND OR REFUND REAL ESTATE AND PERSONAL PROPERTY TAXES
INITIATED BY : FINANCE DEPARTMENT
WHEREAS, the following property taxes were assessed improperly, per Wisconsin State Statutes 74.33 (d)
and rescission of the Personal Property Tax due is appropriate:
Allen Investment Services
404 N. Main St
Oshkosh WI 54904
(PP #80400000) 2023 $157.75
Piers to You LLC
1720 S. Oakwood Rd
Oshkosh WI 54904
(PP #200908000) 2023 $17.87
Three Waves Clinic
292 Ohio St, STE 2
Oshkosh WI 54904
(PP #201272000) 2023 $303.60
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City
Officials are hereby authorized and directed to rescind the above sums.
BE IT FURTHER RESOLVED that the proper City Officials are authorized and directed to seek compensation
from the other taxing entities per Wisconsin State Statutes 74.42.
Funds for this purpose are appropriated from:
Account No. 0701-0072-6469-00000 Property Taxes – Uncollectible Accounts
TO :T O :Honorable Mayor and Members of the Common Council
FRO M :FRO M :Dean Smith, Police Chief
D A TE :D A T E :February 13, 2024
SUB JEC T:SUB JEC T :Res 24-65 Authorize Application for the League of Wisconsin Municipalities Mutual Insurance
2023/2024 Safety Grant Equipment Program for the Police Department
B A C KGRO UN DBACKGROUND
The City of Oshkosh has been notified that it is eligible to receive a grant through the League of Wisconsin
Municipalities Mutual Insurance. The eligible allocation to the City of Oshkosh under the grant is $3,497 to
purchase safety equipment.
A N A L Y SI SANALYSIS
The Oshkosh Police Department is currently working on a project to update protective equipment,
replacing outdated and expired gear for the Negotiators team. Ensuring the safety of every team
member during emergency response calls is achieved by providing updated protective gear and
equipment. The funding from this grant will allow the department to replace the final set of protective
gear and equipment for the Negotiators team.
FI SC A L I M P A CTFISCAL I M P A C T
The grant amount of $3,497 would reimburse the full cost of the equipment. There will be no impact to the
Oshkosh Police Department budget.
REC O M M E N D A TI ONRECOMMENDATION
If approved, we intend to accept the grant funds as allocated to fund the needs identified in this memo
within the established grant timelines. The City of Oshkosh Safety & Risk Management Officer will act as
the fiscal agent for this grant.
A t t a chment sAttachments
Res 24-65
2/13/2024 24-65 RESOLUTION
PURPOSE: Authorize the application for the League of Wisconsin Municipalities Mutual Insurance 2023/2024
Safety Grant Equipment Program for the Police Department.
INITIATED BY : Oshkosh Police Department
WHEREAS, the City of Oshkosh has been notified that it is eligible to receive a grant through the League of
Wisconsin Municipalities Mutual Insurance; and
WHEREAS, the Oshkosh Police Department is currently working on a project to update protective
equipment, replacing outdated and expired gear for the Negotiators team. The funding from this grant will
allow the department to replace the final set of protective gear and equipment for the Negotiators team.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City
Officials are hereby authorized and approve an application for a grant agreement with the League of
Wisconsin Municipalities Mutual Insurance 2023/2024 Safety Grant Equipment Program for $3,497, to
purchase equipment for the Oshkosh Police Department.
BE IT FURTHER RESOLVED that the proper City officials are hereby authorized and directed to execute any
and all documents required by the League of Wisconsin Municipalities Mutual Insurance for the purposes of
same, and are further authorized and directed, if said grant is awarded, to accept such funds pursuant to
the terms of the grant application and to expend such funds for purposes of purchasing needed equipment
in accordance with the grant application and award.
TO :T O :Honorable Mayor and Members of the Common Council
FRO M :FRO M :Kathy Snell, Special Events Coordinator
D A TE :D A T E :February 13, 2024
SUB JEC T:SUB JEC T :Res 24-66 Approve Special Event - Dublin's Irish Pub to Host a St. Patty's Celebration in Dublin's
Parking Lot (2070 W 9th Ave.), March 16, 2024
A t t a chment sAttachments
Res 24-66
St. Patty's Celebration Attachment
02/13/2024 24-66 RESOLUTION
PURPOSE: APPROVE SPECIAL EVENT - DUBLIN'S IRISH PUB TO HOST THE ST. PATTY'S CELEBRATION IN DUBLIN'S
PARKING LOT (2070 W 9TH AVE.), MARCH 16, 2024
INITIATED BY : City Administration
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to
Dublin's Irish Pub (David Toman) to host a St. Patty's Celebration in Dublin's parking lot (2070 W 9th Ave.) ,
Saturday, March 16, 2024 in accordance with the municipal code and the attached application, with the
following exceptions/conditions:
A.
B.
C.
BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City’s actual costs
for extraordinary services. Approval of this request shall not be interpreted as approval to conduct the
event during any period of emergency order or declaration prohibiting such an event. Approval of this
event shall not be interpreted to supersede any emergency order or declaration applicable to such an
event and all events shall remain subject to all applicable ordinances, orders, declarations and
requirements for public gatherings.
Cost Estimates for Extraordinary Services
None
TO :T O :Honorable Mayor and Members of the Common Council
FRO M :FRO M :Becca Andraschko, Deputy Clerk
D A TE :D A T E :February 13, 2024
SUB JEC T:SUB JEC T :Res 24-67 Approve Agent Change - SOS Brothers
B A C KGRO UN DBACKGROUND
Agent Change Class "B" Beer and "Class C" Wine License
SOS Brothers (SOS Brothers) West Waukau (002-0471-05) Oshkosh, WI 54904
A t t a chment sAttachments
Res 24-67
2/13/2024 24-67 RESOLUTION
PURPOSE: APPROVE AGENT CHANGE FOR CLASS "B" BEER AND "CLASS C" WINE LICENSE
INITIATED BY : CITY CLERK
WHEREAS, an application and all required documentation for a license has been submitted, fees
deposited, and all reviews and inspections required by city ordinance have been completed; and
WHEREAS, the Chief of Police and Fire Chief, or their respective designees, and a representative of the
Winnebago County Health Department have recommended that the following licenses be granted or
conditionally granted as noted in their report to the City Clerk; and
WHEREAS, any licensee whose license is granted subject to conditions has been notified of those
conditions and has had the opportunity to appear before the Council and be heard in relation to any of
those conditions.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the following licenses
be granted subject to satisfaction of such conditions as identified by the Chief of Police and Fire Chief, or
their respective designees, or by a representative of the Winnebago County Health Department; subject to
the payment of taxes and other charges as specified in section 4-5(B) of the City of Oshkosh Municipal
Code; and subject to the fulfillment of any further conditions imposed by State Statute for issuance of such
license:
AGENT CHANGE FOR CLASS "B" BEER AND "CLASS C" WINE LICENSE
(February 14, 2024 - June 30, 2024)
SOS Brothers (SOS Brothers)
West Waukau (002-0471-05) Oshkosh, WI 54904
Agent: Dean Sosnoski
TO :T O :Honorable Mayor and Members of the Common Council
FRO M :FRO M :Becca Andraschko, Deputy Clerk
D A TE :D A T E :February 13, 2024
SUB JEC T:SUB JEC T :Res 24-68 Approve Combination "Class A" Beer/Liquor License Surrender and Approve
Issuance of Combination "Class A" Beer/Liquor License - Liberty Square Gas Station
A t t a chment sAttachments
Res 24-68
Liberty Square Gas Station Application
Quent's Surrender
2/13/2024 24-68 RESOLUTION
PURPOSE: APPROVE COMBINATION "CLASS A" BEER/LIQUOR LICENSE SURRENDER AND APPROVE ISSUANCE OF
COMBINATION "CLASS A" BEER/LIQUOR LICENSE
INITIATED BY : CITY CLERK
WHEREAS, an application and all required documentation for a license has been submitted, fees
deposited, and all reviews and inspections required by city ordinance have been completed; and
WHEREAS, the Chief of Police, or their respective designees, have conducted the necessary investigation
of the following licenses as noted in their report to the City Clerk; and
WHEREAS, any licensee whose license is granted subject to conditions has been notified of those
conditions and has had the opportunity to appear before the Council and be heard in relation to any of
those conditions.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the following licenses
be granted subject to satisfaction of such conditions as identified by the Chief of Police and Fire Chief, or
their respective designees, or by a representative of the Winnebago County Health Department; subject to
the payment of taxes and other charges as specified in section 4-5(B) of the City of Oshkosh Municipal
Code; and subject to the fulfillment of any further conditions imposed by State Statute for issuance of such
license:
COMBINATION "CLASS A" BEER/LIQUOR LICENSE SURRENDER
CURRENT LICENSE HOLDER:
Quent's Service Center (Quent's Service Center Inc)......................................2167 State Road 44
NEW APPLICANT/SURRENDERED TO:
Refuel Pantry - Quent's (Liberty Square Gas Station Inc)...............................2167 State Road 44
COMBINATION "CLASS A" BEER/LIQUOR LICENSE
(FEBRUARY 14, 2024 - JUNE 30, 2024)
NAME, ADDRESS, AND LOCATION OF PREMISES:
Refuel Pantry - Quent's (Liberty Square Gas Station Inc).............................2167 State Road 44
Agent: Lakhbir Singh, 6664 Tartan Trail, Sun Prairie, WI 53590
TO :T O :Honorable Mayor and Members of the Common Council
FRO M :FRO M :Becca Andraschko, Deputy Clerk
D A TE :D A T E :February 13, 2024
SUB JEC T:SUB JEC T :Res 24-69 Approve Special Class "B" Licenses
A t t a chment sAttachments
Res 24-69
2/13/2024 24-69 RESOLUTION
PURPOSE: APPROVE SPECIAL CLASS "B" LICENSES
INITIATED BY : CITY CLERK
WHEREAS, an application and all required documentation for a license has been submitted, fees
deposited, and all reviews required by city ordinance have been completed; and
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the following licenses
be granted subject to satisfaction of such conditions; and subject to the fulfillment of any further conditions
imposed by State Statute for issuance of such license:
SPECIAL CLASS "B" LICENSES
ORGANIZATION, EVENT NAME, DATE, TIME, LOCATION, AND PERSON IN CHARGE:
Oshkosh Community YMCA
Event Name: Oshkosh Century
June 23, 2024 from 11:00am to 4:00pm
Location: 3303 W 20th Avenue, Oshkosh, WI 54904
Person in Charge: Angie Flanigan
Masonic Building Association
Event Name: The Del Rays
February 17, 2024 from 5:00pm to 11:45pm
Location: 204 Washington Avenue, Oshkosh, WI 54901
Person in Charge: Mark Rutkowski
Winnegamie Home Builders Association
Event Name: Everything Spring Expo
March 9, 2024 from 9:00am to 5:00pm
March 10, 2024 from 9:00am to 3:00pm
Location: Sunnyview Expo Center - 500 E County Road Y, Oshkosh, WI 54901
Person in Charge: Jodi Vandermolen
Oshkosh Ice Hawks Hockey Boosters Inc
Event Name: Oshkosh Ice Hawks Hockey Booster Purse Raffle
March 16, 2024 from 12:00pm to 4:00pm
Location: Lourdes Academy, 110 N Sawyer Street, Oshkosh, WI 54902
Person in Charge: Abby Mathe
TO :T O :Honorable Mayor and Members of the Common Council
FRO M :FRO M :Matt Mugerauer, Mayor
D A TE :D A T E :February 13, 2024
SUB JEC T:SUB JEC T :Res 24-70 Approve Appointment to Advisory Park Board
B A C KGRO UN DBACKGROUND
In accordance with Section 2-11(I) of the City of Oshkosh Municipal Code, the Mayor shall have the
authority to appoint, subject to Council approval, members to the various Boards and Commissions
within the City. As vacancies to the City's Boards and Commissions currently exist, the Mayor makes the
appointments listed below for consideration by the Common Council.
REC O M M E N D A TI ONRECOMMENDATION
The Mayor recommends that Common Council approve the appointment listed below:
A d vis ory P a rk B oa rdAdvisory P a r k B o a r d
Steven Herman, appointed to Alternate 2, term ending 2024
A t t a chment sAttachments
Res 24-70
Application_Herman Steven
2/13/2024 24-70 RESOLUTION
PURPOSE: APPROVE APPOINTMENTS TO BOARDS AND COMMISSIONS
INITIATED BY : MAYOR MATT MUGERAUER
WHEREAS, Alternate 2 of the Advisory Park Board has been vacant as of January 23, 2024; and
WHEREAS, Section 2-11(I) of the City of Oshkosh Municipal Code authorizes the Mayor to appoint, subject
to Council approval, members to the various Boards and Commissions within the City.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that Mayor Matt
Mugerauer makes the appointments as listed below, and that these appointments are hereby approved:
Steven Herman to Alternate 2 of the City of Oshkosh Advisory Park Board with an effective date of
February 14, 2024, term ending May 31, 2024
TO :T O :Honorable Mayor and Members of the Common Council
FRO M :FRO M :Jim Collins, Director of Transportation
D A TE :D A T E :February 13, 2024
SUB JEC T:SUB JEC T :Ord 24-71 Amend Section 27A-11 of the Municipal Code Pertaining to Parking Regulations on
Designated Streets and Alleys (Congress Avenue) (Transportation Committee Recommends
Approval)
B A C KGRO UN DBACKGROUND
Currently, there is no parking on the north side of Congress Avenue from Jackson Street to 50 feet west of
Jackson Street. This ordinance extends the no parking to 104 feet. With the new Vel Phillips School, some
staff members are now parking on Congress Avenue and entering the building via the back entrance.
Residents are reporting that the parked cars are creating a hazard near the intersection for two-way
traffic.
A N A L Y SI SANALYSIS
I have observed the area and agree that vehicles need to be moved further from the intersection to
increase sight distance and create additional room for turning vehicles. There is still plenty of parking in
the area as we are only removing about 50 feet. Additionally, the school district has confirmed there is
plenty of off-street parking available on the Vel Phillips campus.
B OA RD /COM M I SSI ON I N FORM A TI O NBOARD/C O M M I SSI O N I N FO RM A TI O N
The Transportation Committee recommended approval (5-0) via roll call vote at the January 9, 2024,
meeting.
FI SC A L I M P A CTFISCAL I M P A C T
The fiscal impact of this ordinance is removal of signage. The cost will be covered by the Sign
Department's budget.
REC O M M E N D A TI ONRECOMMENDATION
I recommend that the Common Council approve these modifications to Section 27A-11 of the Municipal
Code pertaining to parking regulations on designated streets and alleys.
A t t a chment sAttachments
Ord 24-71
2/13/2024 24-71 ORDINANCE
SECOND READING
1/23/2024 24-42 ORDINANCE
FIRST READING
PURPOSE: AMEND SECTION 27A-11 OF THE MUNICIPAL CODE PERTAINING TO PARKING REGULATIONS ON
DESIGNATED STREETS AND ALLEYS (CONGRESS AVENUE)
INITIATED BY : TRANSPORTATION DEPARTMENT
RECOMMENDATION: TRANSPORTATION COMMITTEE – APPROVED
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 27A-11 PARKING REGULATIONS ON
DESIGNATED STREETS AND ALLEYS
WHEREAS, the Transportation Department recommends this no-parking amendment to increase clearance
and vision near the intersection of Congress Avenue and Jackson Street.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Oshkosh as follows:
SECTION 1. that Section 27A-11 pertaining to parking regulations on designated streets and alleys of the
Oshkosh Municipal Code is hereby amended as follows:
A-11 PARKING REGULATIONS ON DESIGNATED STREETS AND ALLEYS
Congress Avenue
Delete Therefrom: 50 feet west of Jackson Street (old condition)
Add Thereto: No parking on Congress, north side, from Jackson Street to 104 feet west of Jackson Street.
SECTION 2. This ordinance shall be in full force and effect from and after its passage, publication and
placement of the appropriate signage.
SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #24-71 on
February 13, 2024, AMEND PARKING REGULATIONS ON DESIGNATED STREETS AND ALLEYS (A GENERAL
ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 27A-11 OF THE OSHKOSH MUNICIPAL CODE
PERTAINING TO PARKING REGULATIONS ON DESIGNATED STREETS AND ALLEYS). The ordinance updates street
parking regulations on Congress Avenue near the intersection with Jackson Street.
The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Ave and through
the City’s website at www.ci.oshkosh.wi.us. Clerk’s Phone: 920/236-5011.
TO :T O :Honorable Mayor and Members of the Common Council
FRO M :FRO M :Jim Collins, Director of Transportation
D A TE :D A T E :February 13, 2024
SUB JEC T:SUB JEC T :Ord 24-72 Amend Section 27A-11 of the Municipal Code Pertaining to Parking Regulations on
Designated Streets and Alleys (Punhoqua Street) (Transportation Committee Recommends
Approval)
B A C KGRO UN DBACKGROUND
These ordinances are from when Lakeshore Golf Course was in operation.
A N A L Y SI SANALYSIS
These ordinances are no longer relevant with the new 4-season building and redevelopment.
B OA RD /COM M I SSI ON I N FORM A TI O NBOARD/C O M M I SSI O N I N FO RM A TI O N
The Transportation Committee Recommended Approval (5-0) Via Roll-call Vote At The January 9, 2024
meeting.
FI SC A L I M P A CTFISCAL I M P A C T
The fiscal impact of this ordinance is removal of signage. The cost will be covered by the Sign
Department's budget.
REC O M M E N D A TI ONRECOMMENDATION
I recommend that the Common Council approve these modifications to Section 27A-11 of the Municipal
Code pertaining to parking regulations on designated streets and alleys.
A t t a chment sAttachments
Ord 24-72
2/13/2024 24-72 ORDINANCE
SECOND READING
1/23/2024 24-43 ORDINANCE
FIRST READING
PURPOSE: AMEND SECTION 27A-11 OF THE MUNICIPAL CODE PERTAINING TO PARKING REGULATIONS ON
DESIGNATED STREETS AND ALLEYS (PUNHOQUA STREET)
INITIATED BY : TRANSPORTATION DEPARTMENT
RECOMMENDATION: TRANSPORTATION COMMITTEE – APPROVED
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 27A-11 PARKING REGULATIONS ON
DESIGNATED STREETS AND ALLEYS
WHEREAS, the Transportation Department recommends updating of parking restrictions in the area of
Lakeshore Park due to new construction.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Oshkosh as follows:
SECTION 1. That Section 27A-11 pertaining to parking regulations on designated streets and alleys of the
Oshkosh Municipal Code is hereby amended as follows:
A-11 PARKING REGULATIONS ON DESIGNATED STREETS AND ALLEYS
Punhoqua Street:
Delete Therefrom: 90-degree angle parking, from its northerly terminus, southerly a distance of 770 feet. No
parking, southwesterly side, form 770 feet east of its northly terminus to 790 feet north of rainbow drive.
SECTION 2. This ordinance shall be in full force and effect from and after its passage, publication and
placement of the appropriate signage.
SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #24-72 on
February 13, 2024, AMEND PARKING REGULATIONS ON DESIGNATED STREETS AND ALLEYS (A GENERAL
ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 27A-11 OF THE OSHKOSH MUNICIPAL CODE
PERTAINING TO PARKING REGULATIONS ON DESIGNATED STREETS AND ALLEYS). The ordinance updates street
parking regulations on Punhoqua Street.
The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Ave and through
the City’s website at www.ci.oshkosh.wi.us. Clerk’s Phone: 920/236-5011.
TO :T O :Honorable Mayor and Members of the Common Council
FRO M :FRO M :Jim Collins, Director of Transportation
D A TE :D A T E :February 13, 2024
SUB JEC T:SUB JEC T :Ord 24-73 Amend Section 27A-2 of the Municipal Code Pertaining to Prohibited Right Turns at
the Intersection of North Main St, Harrison Street, and New York Avenue (Transportation
Committee Recommends Approval)
B A C KGRO UN DBACKGROUND
This intersection was reconstructed when North Main Street was reconstructed a few years ago. All right-
hand turns are now prohibited. This action cleans up the ordinances to meet current conditions.
A N A L Y SI SANALYSIS
All right turns are currently prohibited at this intersection per the current configuration. At some point in
the past, right turns were allowed from eastbound New York Avenue onto North Main Street.
B OA RD /COM M I SSI ON I N FORM A TI O NBOARD/C O M M I SSI O N I N FO RM A TI O N
The Transportation Committee recommended approval (5-0) via roll-call vote at the January 9, 2024,
meeting.
FI SC A L I M P A CTFISCAL I M P A C T
There is no fiscal impact of this action as the signage is already in place.
REC O M M E N D A TI ONRECOMMENDATION
I recommend that the Common Council approve these modifications to Section 27A-2 of the Municipal
Code pertaining to prohibited right turns.
A t t a chment sAttachments
Ord 24-73
2/13/2024 24-73 ORDINANCE
SECOND READING
1/23/2024 24-44 ORDINANCE
FIRST READING
PURPOSE: AMEND SECTION 27A-2 OF THE MUNICIPAL CODE PERTAINING TO PROHIBITED RIGHT TURNS AT THE
INTERSECTION OF NORTH MAIN ST, HARRISON STREET, AND NEW YORK AVENUE
INITIATED BY : TRANSPORTATION DEPARTMENT
RECOMMENDATION: TRANSPORTATION COMMITTEE - APPROVED
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 27A-2 PROHIBITED RIGHT TURNS
WHEREAS, the Transportation Department recommends prohibited right hand turns on red at the
intersection of North Main Street with Harrison Street and New York Avenue.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Oshkosh as follows:
SECTION 1. That Section 27A-2 pertaining to prohibited right turns of the Oshkosh Municipal Code is hereby
amended as follows:
A-2 PROHIBITED RIGHT TURNS
Add Thereto: Right hand turn prohibited on red at the following intersections:
New York Avenue, North Main Street and
Harrison Intersection;
Delete Therefrom: except for the right turn from eastbound New York Avenue onto North Main Street
SECTION 2. This ordinance shall be in full force and effect from and after its passage, publication and
placement of the appropriate signage.
SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #24-73 on
February 13, 2024, ADD PROHIBITED RIGHT TURN (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH
AMENDING SECTION 27A-2 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO PROHIBITED RIGHT TURNS. The
ordinance shall prohibit right turn on red at the intersections of New York Avenue with North Main Street and
Harrison Street.
The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Ave and through
the City’s website at www.ci.oshkosh.wi.us. Clerk’s Phone: 920/236-5011.
TO :T O :Honorable Mayor and Members of the Common Council
FRO M :FRO M :Lynn Lorenson, City Attorney
D A TE :D A T E :February 13, 2024
SUB JEC T:SUB JEC T :*Ord 24-74 Rename, Recodify, and Amend the Following Chapters and Provisions of the City of
Oshkosh Municipal Code:
Chapter 3 -- Currently "Advertising" to "Finance";
Chapter 5 -- Currently "Amusements" to "Special Events";
Chapter 8 -- Currently "In General" to "Permits and Licenses";
Chapter 12 -- Currently "Finance" to "Property and Purchasing";
Section 17-12 -- Currently "Advertisements on Private Property without Owner's
Consent Prohibited" to "Notices, Advertisements and Bill Posting"; and
Move the provisions in the current Chapter 18 to new Chapter 8 and Repeal
Chapter 18 -- Currently "Licenses"
B A C KGRO UN DBACKGROUND
Staff has been reviewing various provisions of the Municipal Code and organizing and updating them as
time permits. Currently there are provisions pertaining to Finance Department responsibilities within
Chapters 8 and 12; miscellaneous permits and licensing provisions in Chapters 5, 8, and 18; and a single
section with outdated language in Chapter 3 pertaining to indiscriminate bill posting.
A N A L Y SI SANALYSIS
Staff is proposing to reorganize and clean up several sections and chapters of the Municipal Code to
improve indexing and searchability, consolidate provisions that are alike in nature, and to update certain
outdated language. Clean and redlined versions of the chapters and sections with annotations
explaining the proposed changes are attached.
FI SC A L I M P A CTFISCAL I M P A C T
The proposed ordinance changes would have no fiscal impact.
REC O M M E N D A TI ONRECOMMENDATION
It is recommended that the Council approve the proposed Municipal Code Amendments.
A t t a chment sAttachments
Ord 24-74
Clean - Chapter 03 - Finance
Redline - Chapter 03 - Finance
Clean Chapter 05 - Special Events
Redline Chapter 05 - Special Events
Clean Chapter 08 - Licenses and Permits
Redline Chapter 08 - Licenses and Permits
Clean Chapter 12 -Property and Purchasing
Redline Chapter 12 -Property and Purchasing
Clean SECTION 17-12
Redline SECTION 17-12
Redline Chapter 18 - Licenses
02/13/2024 24-74 ORDINANCE
FIRST READING
PURPOSE: RENAME, RECODIFY AND AMEND THE FOLLOWING CHAPTERS AND PROVISIONS OF THE CITY OF
OSHKOSH MUNICIPAL CODE:
CHAPTER 3 – CURRENTLY “ADVERTISING” TO “FINANCE”;
CHAPTER 5 – CURRENTLY “AMUSEMENTS” TO “SPECIAL EVENTS”;
CHAPTER 8 – CURRENTLY “IN GENERAL” TO “PERMITS AND LICENSES”;
CHAPTER 12 CURRENTLY “FINANCE” TO “PROPERTY AND PURCHASING”;
SECTION 17-12 CURRENTLY “ADVERTISEMENTS ON PRIVATE PROPERTY WITHOUT OWNER’S CONSENT
PROHIBITED” TO “NOTICES, ADVERTISEMENTS AND BILL POSTING”; AND
TO MOVE THE PROVISIONS IN THE CURRENT CHAPTER 18 TO NEW CHAPTER 8 AND REPEAL CHAPTER 18
–CURRENTLY “LICENSES”
INITIATED BY : CITY ADMINISTRATION
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH RECODIFYING AND AMENDING THE LISTED SECTIONS AND
CHAPTERS OF THE MUNICIPAL CODE TO CONSOLIDATE SIMILAR PROVISIONS AND UPDATE LANGUAGE.
WHEREAS, City staff has reviewed the Municipal Code and recommend the amendment and
recodification of several provisions to provide a more efficient organization of certain chapters and
provisions to improve indexing and searchability.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Oshkosh as follows:
SECTION 1. That Chapter 3 of the City of Oshkosh Municipal Code currently entitled “Advertising” is hereby
repealed and recreated with the Title “Finance” to read as shown on the attachment to this Ordinance.
SECTION 2. That Chapter 5 of the City of Oshkosh Municipal Code currently entitled “Amusements” is
hereby repealed and recreated with the Title “Special Events” to read as shown on the attachment to this
Ordinance.
SECTION 3. That Chapter 8 of the City of Oshkosh Municipal Code currently entitled “In General” is hereby
repealed and recreated with the Title “Finance” to read as shown on the attachment to this Ordinance.
SECTION 4. That Section 17-12 of the City of Oshkosh Municipal Code currently entitled “Licenses” is hereby
repealed and recreated to read as shown on the attachment to this Ordinance.
SECTION 5. That Chapter 18 of the City of Oshkosh Municipal Code currently entitled “Advertising” is
hereby repealed.
SECTION 6. This ordinance shall be in full force and effect from and after its passage and publication.
SECTION 7. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #24-XXX
RENAME, RECODIFY AND AMEND THE FOLLOWING CHAPTERS AND PROVISIONS OF THE CITY OF OSHKOSH
MUNICIPAL CODE:
CHAPTER 3 – CURRENTLY “ADVERTISING” TO “FINANCE”;
CHAPTER 5 – CURRENTLY “AMUSEMENTS” TO “SPECIAL EVENTS”;
CHAPTER 5 – CURRENTLY “AMUSEMENTS” TO “SPECIAL EVENTS”;
CHAPTER 8 – CURRENTLY “IN GENERAL” TO “PERMITS AND LICENSES”;
CHAPTER 12 CURRENTLY “FINANCE” TO “PROPERTY AND PURCHASING”;
SECTION 17-12 CURRENTLY “ADVERTISEMENTS ON PRIVATE PROPERTY WITHOUT OWNER’S CONSENT
PROHIBITED” TO “NOTICES, ADVERTISEMENTS AND BILL POSTING”; AND
TO MOVE THE PROVISIONS IN THE CURRENT CHAPTER 18 TO NEW CHAPTER 8 AND REPEAL CHAPTER 18
–CURRENTLY “LICENSES”
(A GENERAL ORDINANCE OF THE CITY OF OSHKOSH RECODIFYING AND AMENDING THE LISTED SECTIONS AND
CHAPTERS OF THE MUNICIPAL CODE TO CONSOLIDATE SIMILAR PROVISIONS AND UPDATE LANGUAGE) on
February 27, 2024. This ordinance reorganizes and cleans up several sections and chapters of the Municipal
Code to improve indexing and searchability, consolidate provisions that are like in nature, and to update
certain outdated language.
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.
City of Oshkosh Municipal Codes
Revised 12/31/01
City of Oshkosh Chapter 3 - Page 1 Municipal Codes
CHAPTER 3
FINANCE
ARTICLE I. FISCAL REGULATIONS
SECTION 3-1 FISCAL YEAR
SECTION 3-2 CITY MANAGER TO PREPARE ANNUAL BUDGET
SECTION 3-3 BUDGET OVERDRAFTS
SECTION 3-4 CITY OFFICERS TO PAY RECEIPTS MONTHLY
SECTION 3-5 MUNICIPAL DISBURSEMENTS
SECTION 3-6 INSTALLMENT PAYMENT OF TAXES AND OTHER CHARGES
ARTICLE II. ROOM TAX
SECTION 3-10 ROOM TAX AND PERMIT REGULATIONS
ARTICLE III. RESERVED
ARTICLE IV. NON-ISSUANCE OF LICENSES AND PERMITS
SECTION 3-30 NON-ISSUANCE OF CITY LICENSES AND PERMITS/DELINQUENT
TAXES, ASSESSMENTS AND SPECIAL CHARGES
ARTICLE I. FISCAL REGULATIONS
SECTION 3-1 FISCAL YEAR
The calendar year shall be the fiscal year.
SECTION 3-2 CITY MANAGER TO PREPARE ANNUAL BUDGET
The City Manager shall prepare, submit, and recommend to the Council a proposed annual
budget on or before the 1st day of November of each year.
SECTION 3-3 BUDGET OVERDRAFTS
(A) Prohibited
No City officer, employee, or agent, including the members of all boards and commissions,
either acting individually as officers, employees, or agents, or acting in concert as a board
or commission, shall overdraw the annual budget as adopted by the Common Council for
the particular department or phase of City work with which such officer, employee, agent,
board or commission is charged. Such prohibition against overdrafts is intended to apply
to each particular item set out in the particular budget of eac h department, or devoted to
City of Oshkosh Municipal Codes
Revised 12/31/01
City of Oshkosh Chapter 3 - Page 2 Municipal Codes
some particular phase of City work, except as otherwise allowed pursuant to the following
Subsections.
(B) City Manager Action Required for Overdrafts of Accounts
In the event that any overdraft of any divisional budget in the annual budget is to be made
the department head, board or commission officer, agent, or employee requesting the same
shall present his or her request to the City Manager in writing, setting fo rth the amount
requested and the reason therefore. If the City Manager deems it necessary to permit an
overdraft covering the divisional budget and if there are sufficient and available funds in
the departmental budget, the City Manager may cause the necessary and appropriate
transfer to be made by written executive order.
(C) Council Action Required for Overdrafts of the Approved Annual Budget
In the event that of an overdraft of any approved departmental budget is to be made, the
department head, board or commission officer, agent, or employee requesting the
overdraft shall present his or her request in writing to the City Manager, setting fort h the
amount requested and the reason(s) therefore. If the City Manager determines that it is
necessary to permit the requested overdraft, the City Manager shall recommend approval
of the overdraft to the Council, the Council may then cause the necessary and appropriate
transfer to be made in such amount as the Council shall determine.
SECTION 3-4 CITY OFFICERS TO PAY RECEIPTS MONTHLY
See Section 65.10, Wisconsin Statutes.
SECTION 3-5 MUNICIPAL DISBURSEMENTS
(A) State Statutes Adopted
All municipal disbursements shall be made in accordance with the provisions of Section
66.0607 of the Wisconsin State Statutes, except as hereafter provided.
(B) Facsimile Signatures of Officials
All order checks shall be signed by the City Manager, City Treasurer, and City Clerk. In
lieu of the personal signatures of the City Manager, City Clerk, and City Treasurer, there
may be affixed on all order checks drawn against a City Depository for all purposes the
facsimile signatures of such persons as adopted by them and the Council. The use of such
facsimile signature shall not relieve any municipal official from any liability to which he or
she is otherwise subject, including the unauthorized use t hereof. Any depository shall be
fully warranted and protected in making payment on any check bearing such facsimile
notwithstanding that the same may have been placed thereon without the authority of the
designated persons.
City of Oshkosh Municipal Codes
Revised 12/31/01
City of Oshkosh Chapter 3 - Page 3 Municipal Codes
(C) Filing Vouchers
Prior to the issuance of any disbursement, a proper voucher containing the name of the
claimant and the address and amount and nature of the claim shall be filed with the City
Treasurer either by the claimant or by the board or commission which authorized the
expenditure, who will prepare a list of the same to be filed with the City Clerk.
(D) Issuance of Orders
Upon the filing of such vouchers, the City Clerk shall issue orders to the City Treasurer in
accordance with said Section 66.0607.
SECTION 3-6 INSTALLMENT PAYMENT OF TAXES AND OTHER CHARGES
Taxes, special assessments, and special charges shall be paid and collected in the City as
provided in Chapter 74 of the Wisconsin Statutes, and as herein provided.
(A) Full Payment
Taxes and special assessments may be paid in one payment on or before five (5) working
days after January 31. Special charges and other taxes must be paid in full on or before five
(5) working days after January 31.
(B) Installment Payments
Taxpayers have the option of paying their real estate taxes and special assessments in four
installments, each equal to twenty-five percent (25%) of the total. The due dates for the
installments shall be January 31, March 31, May 31, and July 31. If the payment is not
received on or before five (5) working days after its due date, the total unpaid balance shall
become immediately due and payable and subject to penalty.
(C) Minimum Installment
If the amount of either real estate taxes or special assessments is less than $100, the amount
shall be paid in full on or before five (5) working days after January 31.
(D) Personal Property Taxes
(1) All taxpayers have the option of paying personal property taxes on improvements on
leased land in four installments, each equal to 25% of the total. The due dates for the
installments shall be January 31, March 31, May 31, and July 31. If the payment is not
received on or before five (5) working days after its due date, the total unpaid balance
shall become immediately due and payable and subject to penalty.
(2) Notwithstanding any other provision to the contrary, all personal property taxes not
subject to paragraph (1) above shall be paid in full on or before five (5) working days
after January 31.
City of Oshkosh Municipal Codes
Revised 12/31/01
City of Oshkosh Chapter 3 - Page 4 Municipal Codes
(E) Interest Penalty
Any payment not received on or before five (5) working days after its due date shall have
added thereto interest at the rate of one percent (1%) per month or fraction thereof until
paid in full. Delinquent payments shall accrue interest as of February 1.
ARTICLE II. ROOM TAX
SECTION 3-10 ROOM TAX AND PERMIT REGULATIONS
(A) Definitions.
Except as otherwise specified, terms in this Article shall have the meaning as defined in
Wisconsin Statutes Section 66.0615.
(1) “Gross receipts" has the meaning as defined in Wisconsin Statutes, Section
77.51(11)(a)(b) and (c) insofar as applicable.
(2) “Person” shall have the meaning as defined in Chapter 1 of this Municipal Code.
(B) Room Tax Imposed and Distribution.
Pursuant to Section 66.0615 of the Wisconsin Statutes, a tax is hereby imposed on the
privilege and service of furnishing, at retail, of rooms or lodging to transients by
hotelkeepers, motel operators, lodging marketplaces, owners of short-term rentals and
other persons furnishing accommodations that are available to the public, irrespective of
whether membership is required for the use of the accommodations. Such tax shall be at
the rate of ten percent (10%) of the gross receipts from such retail furnishing of rooms or
lodging. Such tax shall not be subject to the selective sales tax imposed by Section 77.52(2)
of the Wisconsin Statutes. The proceeds of such tax shall be remitted monthly to the City
Treasurer.
(1) The treasurer shall distribute the room tax receipts on a monthly basis, as follows:
a. 2% of the room tax shall, as authorized by Wisconsin Statute 66.0615, be used
for long term debt obligations associated with the Oshkosh Convention
Center.
b. 2% of the room tax shall be used for the purpose of fulfilling the City’s
obligations towards operations and maintenance of the Oshkosh Convention
Center, as well as other costs incurred by the City to support tourism in the
City of Oshkosh.
c. 6% of the room tax shall be paid to the Oshkosh Convention and Visitors
Bureau, hereby designated as a tourism entity as that term is defined in
section 66.0615 Wisconsin Statutes.
City of Oshkosh Municipal Codes
Revised 12/31/01
City of Oshkosh Chapter 3 - Page 5 Municipal Codes
(C) Room Tax Permit.
Every person furnishing rooms or lodging under Subsection (B) shall file with the City
Treasurer an application for a permit for each place of business. Every application for a
permit shall be made upon a form prescribed by the City Treasurer and shall set forth the
name under which the applicant intends to transact business, the location of the place of
business, and such other information as the City Treasurer requires. The application shall
be signed by the owner if a sole proprietor and, if not a sole proprietor, by a person
authorized to act on behalf of such applicant. At the time of making an application, the
applicant shall pay such fee as may be established by the Council by Resolution.
Upon submission of a completed application, and deposit of security if required under
subsection H below by the applicant, the City Treasurer shall grant and issue to the
applicant a separate permit for each place of business within the City. Such permit is not
assignable and is valid only for the person in whose name it is issued and for the
transaction of business at the place designated therein. It shall at all times be
conspicuously displayed at the place for which issued.
The permit shall remain valid so long as the permittee shall own and operate the
permitted hotel, motel, short term rental or other lodging and only so long as permittee
is in compliance with the provisions of this Article. Upon sale or other transfer of
ownership of the premises or business such permit shall automatically expire.
(D) Filing of Room Tax Returns.
This Article shall be administered by the City Treasurer. The tax shall be payable
monthly and shall be received by the City no later than the last business day of the month
next succeeding the calendar month for which imposed.
(1) Direct Filing.
Except as provided below, a return shall be filed with the City Treasurer by
persons furnishing at retail such rooms and lodging on or before the same date on
which such tax is due and payable. Such return shall show the gross room receipts
of the preceding calendar month from such retail furnishing of rooms or lodging,
the amount of room taxes imposed for such period, and such other information as
the City Treasurer deems necessary. The City Treasurer may, for good cause,
extend the time of filing of any return, but in no event longer than one month from
the scheduled filing date.
(2) Filing through a Lodging Marketplace registered with the State of Wisconsin
Department of Revenue. If a short term rental is rented through a lodging
marketplace that is registered with the State Department of Revenue, the lodging
marketplace may collect the room tax as provided in Section 66.0615(5) of the
City of Oshkosh Municipal Codes
Revised 12/31/01
City of Oshkosh Chapter 3 - Page 6 Municipal Codes
Wisconsin Statutes and pay the required room tax directly to the City. The owner
of the short term rental shall submit a monthly return which shall indicate which
rentals have been made and that room taxes have been collected through the
registered lodging marketplace. Room taxes shall be submitted for any rentals
where room tax is not collected and submitted through the lodging marketplace.
Subject to the provisions of Section 66.0615 of the Wisconsin Statutes, Owner shall
remain responsible for any room tax payments not submitted through the Lodging
Marketplace.
(E) Liability for Tax on Sale or Transfer of Business.
If any person liable for any amount of tax under this section sells the business or stock of
goods or quits the business, such person’s successors or assigns shall withhold sufficient
of the purchase price to cover such amount until the former owner produces a receipt
from the City Treasurer that it has been paid or a certificate stating that no amount is due.
If a person subject to the tax imposed by this section fails to withhold such amount from
the purchase price as required, that person shall become personally liable for payment of
the amount required to be withheld to the extent of the price of the accommodations
valued in money.
(F) Records and Audits.
Every person liable for the tax imposed by this section shall keep or cause to be kept such
records, receipts, invoices and other pertinent papers in such form as the City Treasurer
requires.
Subject to the provisions of Section 66.0615 of the Wisconsin Statutes, the City Treasurer
may, by office or field audit, determine the tax required to be paid to the City or the
refund due to any person under this section. This determination may be made upon the
basis of the facts contained in the return being audited or on the basis of any other
information within the City Treasurer's possession. The City Treasurer is authorized to
examine and inspect the books, records, memoranda, and property of any person in order
to verify the tax liability of that person or another person.
The permit of any person who is subject to the tax imposed by this section who fails or
refuses to permit the inspection of his records by the City Treasurer after such inspection
has been duly requested by the City Treasurer may be revoked as provided under
paragraph (G)(6) below.
(G) Remedies and Penalties for Failure to Obtain Required Permits, for Delinquent Filing or
Failure to File Returns.
Subject to the provisions of Section 66.0615 of the Wisconsin Statutes, the following
Remedies and Penalties shall apply to violations of this Article:
City of Oshkosh Municipal Codes
Revised 12/31/01
City of Oshkosh Chapter 3 - Page 7 Municipal Codes
(1) Failure to Obtain Permit.
Any person in violation of the terms of this section by failing to obtain and/or
maintain a permit, when such permit is required, shall be subject to a penalty of
seventy-five dollars ($75.00) plus the costs of prosecution per day for each
violation. Each room or unit separately rented or offered for rent, and each day of
such rental or offer for rental of such unit, shall be a separate violation. In addition,
the City may obtain an appropriate order for injunctive relief to discontinue
violation of this section.
(2) Delinquent Tax Returns.
Delinquent tax returns shall be assessed a $10.00 late filing fee. Upon filing of a
delinquent return, the entire tax finally determined shall be subject to a penalty of
25 percent of the tax, exclusive of any interest or other penalties; or $5000
whichever is less. The City Treasurer shall determine the amount required to be
paid and shall notify the person submitting the return, together with the permit
holder if that is a different person, of the assessment of the penalty.
(3) Failure to File Return, Failure to Pay Tax Due.
If any person fails to file a return as required by this section, fails to pay the tax
due upon the return or files an incomplete, incorrect or fraudulent return, the City
Treasurer shall make an estimate of the amount of the gross receipts. Such
estimate shall be based upon any information which is in the City Treasurer's
possession or may come into his/her possession. On the basis of this estimate, the
City Treasurer shall compute and determine the amount required to be paid to the
City, adding to the sum arrived at a penalty equal to 25 percent thereof or $5000
whichever is less.
(4) Penalties – When Due.
Any Penalty assessed by the City Treasurer under this section shall be due in full
within 30 days from the date of the notice and invoice of the penalty amount.
(5) Interest.
All unpaid taxes or assessments under this section shall bear interest at the rate of
1 percent per month from the due date of the return until the first day of the month
following the month in which the tax is paid or deposited with the City Treasurer.
An extension of time within which to file a return shall not operate to extend the
due date of the return for purposes of interest computation. No interest shall
accrue on any over-payment of the tax due. Penalties shall bear interest at the rate
of 1 percent per month from the due date of the penalty until paid.
City of Oshkosh Municipal Codes
Revised 12/31/01
City of Oshkosh Chapter 3 - Page 8 Municipal Codes
(6) Suspension or Revocation of Permit.
The City elects not to be strictly bound by Chapter 68, Wisconsin Statutes, with
respect to administrative procedure in regard to revocation or suspension
proceedings under this Article.
When any person fails to comply with this section, the City Treasurer may, upon
10 days notification and after affording such person the opportunity to show cause
why their permit should not be revoked, revoke or suspend any or all of the
permits held by such person. The City Treasurer shall give to such person a written
determination regarding the suspension or revocation of any permits.
The permit holder or their authorized representative may request a review of such
decision by filing a request for review with City Treasurer within ten (10) calendar
days of mailing of the original determination of the City Treasurer. The request
shall state the basis for the request and additional information may be presented
at that time. The City Treasurer shall schedule a hearing for requests for review
and within 20 days of the date of hearing shall make a determination in writing
which shall be mailed to the permit holder and their authorized representative, if
applicable. Such determination shall be a final determination subject to judicial
review as provided in Section 68.13 of the Wisconsin Statutes.
The City Treasurer shall not issue a new permit after the revocation of a permit
unless he/she is satisfied that the holder of the permit will comply with the
provisions of this section. The fee for renewal or issuance of a permit which has
been previously suspended or revoked shall be the same as for a new permit and
shall be established by resolution of the Council.
(H) Security may be Required.
In order to protect the revenue of the City, the City Treasurer may require any person
liable for the tax imposed by this section to place with the City, before or after a permit is
issued, such security, not in excess of $5,000 as the City Treasurer determines. If any
taxpayer fails or refuses to place such security, the City Treasurer may refuse to issue or
may revoke any permit issued under this section. If any taxpayer is delinquent in the
payment of the taxes imposed by this section, the City Treasu rer may, upon 10 days
notice, recover the taxes, interest and penalties from the security placed with the City
Treasurer by such taxpayer. No interest shall be paid or allowed by the City to any person
for the deposit of such security.
City of Oshkosh Municipal Codes
Revised 12/31/01
City of Oshkosh Chapter 3 - Page 9 Municipal Codes
(I) Confidentiality.
All tax returns, schedules, exhibits, writings or audit reports relating to such returns, on
file with the City Treasurer, are deemed to be confidential, except the City Treasurer may
divulge their contents to the following, and no others:
(1) The person who filed the return.
(2) Officers, agents, or employees of the Federal Internal Revenue Service or the State
Department of Revenue.
(3) Officers, employees, or agents of the City of Oshkosh as may be necessary to
administer this Article and/or to enforce collection.
Statistics and other information may be disclosed or published provided that the
information does not disclose the identity of particular individuals or businesses.
No person having an administrative duty under this section shall make known in any
manner the business affairs, operations or information obtained by an investigation of
records of any person on whom a tax is imposed by this section, or the amount or source
of income, profits, losses, expenditures, or any particular thereof set forth or disclosed in
any return, or to permit any return or copy thereof to be seen or examined by any person,
except as provided in this sub-section. Any person who shall violate the provisions of
this subsections shall be subject to a forfeiture not to exceed $200.
(J) Separability and Conflict
If any section, subsection, paragraph, sub-paragraph, sentence, clause, phrase or portion
of this ordinance is for any reason held 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 remaining
portions of this ordinance.
All ordinances or parts of ordinances which are inconsistent or contrary to this ordinance
are repealed.
ARTICLE III. RESERVED
City of Oshkosh Municipal Codes
Revised 12/31/01
City of Oshkosh Chapter 3 - Page 10 Municipal Codes
ARTICLE IV. NON-ISSUANCE OF LICENSES AND PERMITS
SECTION 3-30 NON-ISSUANCE OF CITY LICENSES AND PERMITS/DELINQUENT
TAXES, ASSESSMENTS AND SPECIAL CHARGES
(A) Unless otherwise specifically provided within this municipal code, licenses and permits
required for the carrying on of a trade or business within the City may be granted or
renewed but shall not be issued:
1) Premises. For any premises for which taxes, assessments, or special charges are
delinquent and unpaid.
a. This subsection 1) shall not apply to prohibit the issuance of a license for
any
premises if:
i. the unpaid taxes, assessments or special charges were levied against
the premises; and
ii. the license is necessary for the conduct of business on the premises
by a lessee of the premises; and
iii. the licensee and owner have no immediate or extended family,
business, or financial relationship with one another other than as
landlord and tenant.
2) Persons. To any person who is delinquent in the payment of taxes, assessments or
special charges related to the business or property for which the license or permit
is sought.
(B) Appeal. Alleged errors in the determination of non-issuance of the license may be
appealed to the Finance Director within 5 days of notice of the non-issuance of the license
or permit. The Finance Director shall issue a notice setting forth a date and time for
hearing on the matter, not less than three (3) days nor more than fifteen (15) days after
the date of the notice of hearing. At the hearing, the complainant and a representative of
the City may be represented by counsel, may present evidence and ca ll and examine
witnesses and cross examine witnesses of another party. Such witnesses shall be sworn
or affirmed by the person conducting the hearing. The Finance Director shall act as the
decision maker. If the Finance Director is unable to so act, a decision maker shall be
appointed by the City Manager.
A written determination shall be made directing the continued holding of the license or
permit or the issuance of such license or permit. Within ten (10) days of the hearing, the
written determination shall be mailed to all interested parties and shall be placed on file
with the City Clerk by the decision maker. The written decision shall specify the reasons
City of Oshkosh Municipal Codes
Revised 12/31/01
City of Oshkosh Chapter 3 - Page 11 Municipal Codes
for the decision made.
Within ten days of the date of posting of the written decision, any person aggrieved
thereby may appeal such decision to the Common Council. Appeals shall be taken by
filing a notice of appeal specifying the grounds therefor with the City Clerk. On Appea l
the Finance Director or other decision maker shall forthwith transmit all papers relating
to such appeal to the City Clerk. The Clerk shall give notice of the appeal to the Common
Council at its next regular meeting. The Council shall then fix a reasonable time for
hearing of the same and give public notice thereof, as well as notice to the parties
interested, and shall promptly decide the appeal. Any party to the proceeding as well as
any person who may be adversely affected by a decision of the Council may appear at
the hearing and may produce witnesses and be represented by counsel. In addition to
any other witnesses presented, the council may subpoena and examine such other
persons as it may deem necessary for a fair and impartial hearing of the ap peal. The
Clerk shall swear or affirm all persons testifying before the council in regard to the appeal,
and shall maintain a record of all testimony and other evidence as may be presented.
The Council may reverse, affirm, or modify the decision of the Finance Director or other
decision maker appealed from, and to this end may direct issuance or non-issuance of
any license or permit. Within ten (10) days after the decision on any appeal, the City
Clerk shall cause due notice thereof in writing to be mailed to all parties to the appeal as
well as any other persons who may have appeared therein at their last known post office
address. Such notice shall specify the grounds for the decision.
Any person aggrieved by the decision of the Common Council on appeal may seek such
other legal relief as may be available.
City of Oshkosh Municipal Codes
Revised 12/31/01
City of Oshkosh Chapter 3 - Page 1 Municipal Codes
CHAPTER 3
ADVERTISINGFINANCE
ARTICLE I. FISCAL REGULATIONS
SECTION 3-1 FISCAL YEAR
The calendar year shall be the fiscal year.
SECTION 3-2 CITY MANAGER TO PREPARE ANNUAL BUDGET
The City Manager shall prepare, submit, and recommend to the Council a proposed annual budget on
or before the 1st day of November of each year.
SECTION 3-3 BUDGET OVERDRAFTS
(A) Prohibited
No City officer, employee, or agent, including the members of all boards and commissions, either
acting individually as officers, employees, or agents, or acting in concert as a board or commission,
shall overdraw the annual budget as adopted by the Common Council for the particular
department or phase of City work with which such officer, employee, agent, board or commission
is charged. Such prohibition against overdrafts is intended to apply to each particular item set out
in the particular budget of each department, or devoted to some particular phase of City work,
except as otherwise allowed pursuant to the following Subsections.
(B) City Manager Action Required for Overdrafts of Accounts
In the event that any overdraft of any divisional budget in the annual budget is to be made the
department head, board or commission officer, agent, or employee requesting the same shall
present his or her request to the City Manager in writing, setting forth the amount requested and
the reason therefore. If the City Manager deems it necessary to permit an overdraft covering the
divisional budget and if there are sufficient and available funds in the departmental budget, the
City Manager may cause the necessary and appropriate transfer to be made by written executive
order.
(C) Council Action Required for Overdrafts of the Approved Annual Budget
In the event that of an overdraft of any approved departmental budget is to be made, the
department head, board or commission officer, agent, or employee requesting the overdraft shall
present his or her request in writing to the City Manager, setting forth the amount requested and
the reason(s) therefore. If the City Manager determines that it is necessary to permit the requested
overdraft, the City Manager shall recommend approval of the overdraft to the Council, the Council
Commented [LL1]: This Article is moved from
Chapter 12 with no changes.
City of Oshkosh Municipal Codes
Revised 12/31/01
City of Oshkosh Chapter 3 - Page 2 Municipal Codes
may then cause the necessary and appropriate transfer to be made in such amount as the Council
shall determine.
SECTION 3-4 CITY OFFICERS TO PAY RECEIPTS MONTHLY
See Section 65.10, Wisconsin Statutes.
SECTION 3-5 MUNICIPAL DISBURSEMENTS
(A) State Statutes Adopted
All municipal disbursements shall be made in accordance with the provisions of Section 66.0607 of
the Wisconsin State Statutes, except as hereafter provided.
(B) Facsimile Signatures of Officials
All order checks shall be signed by the City Manager, City Treasurer, and City Clerk. In lieu of the
personal signatures of the City Manager, City Clerk, and City Treasurer, there may be affixed on
all order checks drawn against a City Depository for all purposes the facsimile signatures of such
persons as adopted by them and the Council. The use of such facsimile signature shall not relieve
any municipal official from any liability to which he or she is otherwise subject, including the
unauthorized use thereof. Any depository shall be fully warranted and protected in making
payment on any check bearing such facsimile notwithstanding that the same may have been placed
thereon without the authority of the designated persons.
(C) Filing Vouchers
Prior to the issuance of any disbursement, a proper voucher containing the name of the claimant
and the address and amount and nature of the claim shall be filed with the City Treasurer either by
the claimant or by the board or commission which authorized the expenditure, who will prepare a
list of the same to be filed with the City Clerk.
(D) Issuance of Orders
Upon the filing of such vouchers, the City Clerk shall issue orders to the City Treasurer in
accordance with said Section 66.0607.
SECTION 3-6 INSTALLMENT PAYMENT OF TAXES AND OTHER CHARGES
Taxes, special assessments, and special charges shall be paid and collected in the City as provided in
Chapter 74 of the Wisconsin Statutes, and as herein provided.
(A) Full Payment
Taxes and special assessments may be paid in one payment on or before five (5) working days after
January 31. Special charges and other taxes must be paid in full on or before five (5) working days
after January 31.
City of Oshkosh Municipal Codes
Revised 12/31/01
City of Oshkosh Chapter 3 - Page 3 Municipal Codes
(B) Installment Payments
Taxpayers have the option of paying their real estate taxes and special assessments in four
installments, each equal to twenty-five percent (25%) of the total. The due dates for the installments
shall be January 31, March 31, May 31, and July 31. If the payment is not received on or before five
(5) working days after its due date, the total unpaid balance shall become immediately due and
payable and subject to penalty.
(C) Minimum Installment
If the amount of either real estate taxes or special assessments is less than $100, the amount shall be
paid in full on or before five (5) working days after January 31.
(D) Personal Property Taxes
(1) All taxpayers have the option of paying personal property taxes on improvements on leased
land in four installments, each equal to 25% of the total. The due dates for the installments
shall be January 31, March 31, May 31, and July 31. If the payment is not received on or before
five (5) working days after its due date, the total unpaid balance shall become immediately
due and payable and subject to penalty.
(2) Notwithstanding any other provision to the contrary, all personal property taxes not subject
to paragraph (1) above shall be paid in full on or before five (5) working days after January
31.
(E) Interest Penalty
Any payment not received on or before five (5) working days after its due date shall have added
thereto interest at the rate of one percent (1%) per month or fraction thereof until paid in full.
Delinquent payments shall accrue interest as of February 1.
ARTICLE II. ROOM TAX
SECTION 3-10 ROOM TAX AND PERMIT REGULATIONS
(A) Definitions.
Except as otherwise specified, terms in this Article shall have the meaning as defined in
Wisconsin Statutes Section 66.0615.
(1) “Gross receipts" has the meaning as defined in Wisconsin Statutes, Section 77.51(11)(a)(b)
and (c) insofar as applicable.
(2) “Person” shall have the meaning as defined in Chapter 1 of this Municipal Code.
(B) Room Tax Imposed and Distribution.
Pursuant to Section 66.0615 of the Wisconsin Statutes, a tax is hereby imposed on the privilege
and service of furnishing, at retail, of rooms or lodging to transients by hotelkeepers, motel
operators, lodging marketplaces, owners of short-term rentals and other persons furnishing
Commented [LL2]: This article moved from
Chapter 8 with no changes
City of Oshkosh Municipal Codes
Revised 12/31/01
City of Oshkosh Chapter 3 - Page 4 Municipal Codes
accommodations that are available to the public, irrespective of whether membership is required
for the use of the accommodations. Such tax shall be at the rate of ten percent (10%) of the gross
receipts from such retail furnishing of rooms or lodging. Such tax shall not be subject to the
selective sales tax imposed by Section 77.52(2) of the Wisconsin Statutes. The proceeds of such tax
shall be remitted monthly to the City Treasurer.
(1) The treasurer shall distribute the room tax receipts on a monthly basis, as follows:
a. 2% of the room tax shall, as authorized by Wisconsin Statute 66.0615, be used for
long term debt obligations associated with the Oshkosh Convention Center.
b. 2% of the room tax shall be used for the purpose of fulfilling the City’s obligations
towards operations and maintenance of the Oshkosh Convention Center, as well as
other costs incurred by the City to support tourism in the City of Oshkosh.
c. 6% of the room tax shall be paid to the Oshkosh Convention and Visitors Bureau,
hereby designated as a tourism entity as that term is defined in section 66.0615
Wisconsin Statutes.
(C) Room Tax Permit.
Every person furnishing rooms or lodging under Subsection (B) shall file with the City Treasurer
an application for a permit for each place of business. Every application for a permit shall be
made upon a form prescribed by the City Treasurer and shall set forth the name under which the
applicant intends to transact business, the location of the place of business, and such other
information as the City Treasurer requires. The application shall be signed by the owner if a sole
proprietor and, if not a sole proprietor, by a person authorized to act on behalf of such applicant.
At the time of making an application, the applicant shall pay such fee as may be established by
the Council by Resolution.
Upon submission of a completed application, and deposit of security if required under subsection
H below by the applicant, the City Treasurer shall grant and issue to the applicant a separate
permit for each place of business within the City. Such permit is not assignable and is valid only
for the person in whose name it is issued and for the transaction of business at the place
designated therein. It shall at all times be conspicuously displayed at the place for which issued.
The permit shall remain valid so long as the permittee shall own and operate the permitted hotel,
motel, short term rental or other lodging and only so long as permittee is in compliance with the
provisions of this Article. Upon sale or other transfer of ownership of the premises or business
such permit shall automatically expire.
(D) Filing of Room Tax Returns.
This Article shall be administered by the City Treasurer. The tax shall be payable monthly and
shall be received by the City no later than the last business day of the month next succeeding the
calendar month for which imposed.
(1) Direct Filing.
City of Oshkosh Municipal Codes
Revised 12/31/01
City of Oshkosh Chapter 3 - Page 5 Municipal Codes
Except as provided below, a return shall be filed with the City Treasurer by persons
furnishing at retail such rooms and lodging on or before the same date on which such tax
is due and payable. Such return shall show the gross room receipts of the preceding
calendar month from such retail furnishing of rooms or lodging, the amount of room taxes
imposed for such period, and such other information as the City Treasurer deems
necessary. The City Treasurer may, for good cause, extend the time of filing of any return,
but in no event longer than one month from the scheduled filing date.
(2) Filing through a Lodging Marketplace registered with the State of Wisconsin Department
of Revenue.
If a short term rental is rented through a lodging marketplace that is registered with the
State Department of Revenue, the lodging marketplace may collect the room tax as
provided in Section 66.0615(5) of the Wisconsin Statutes and pay the required room tax
directly to the City. The owner of the short term rental shall submit a monthly return
which shall indicate which rentals have been made and that room taxes have been
collected through the registered lodging marketplace. Room taxes shall be submitted for
any rentals where room tax is not collected and submitted through the lodging
marketplace. Subject to the provisions of Section 66.0615 of the Wisconsin Statutes, Owner
shall remain responsible for any room tax payments not submitted through the Lodging
Marketplace.
(E) Liability for Tax on Sale or Transfer of Business.
If any person liable for any amount of tax under this section sells the business or stock of goods
or quits the business, such person’s successors or assigns shall withhold sufficient of the purchase
price to cover such amount until the former owner produces a receipt from the City Treasurer
that it has been paid or a certificate stating that no amount is due. If a person subject to the tax
imposed by this section fails to withhold such amount from the purchase price as required, that
person shall become personally liable for payment of the amount required to be withheld to the
extent of the price of the accommodations valued in money.
(F) Records and Audits.
Every person liable for the tax imposed by this section shall keep or cause to be kept such records,
receipts, invoices and other pertinent papers in such form as the City Treasurer requires.
Subject to the provisions of Section 66.0615 of the Wisconsin Statutes, the City Treasurer may, by
office or field audit, determine the tax required to be paid to the City or the refund due to any
person under this section. This determination may be made upon the basis of the facts contained
in the return being audited or on the basis of any other information within the City Treasurer's
possession. The City Treasurer is authorized to examine and inspect the books, records,
memoranda, and property of any person in order to verify the tax liability of that person or
another person.
The permit of any person who is subject to the tax imposed by this section who fails or refuses to
City of Oshkosh Municipal Codes
Revised 12/31/01
City of Oshkosh Chapter 3 - Page 6 Municipal Codes
permit the inspection of his records by the City Treasurer after such inspection has been duly
requested by the City Treasurer may be revoked as provided under paragraph (G)(6) below.
(G) Remedies and Penalties for Failure to Obtain Required Permits, for Delinquent Filing or Failure
to File Returns.
Subject to the provisions of Section 66.0615 of the Wisconsin Statutes, the following Remedies and
Penalties shall apply to violations of this Article:
(1) Failure to Obtain Permit.
Any person in violation of the terms of this section by failing to obtain and/or maintain a
permit, when such permit is required, shall be subject to a penalty of seventy-five dollars
($75.00) plus the costs of prosecution per day for each violation. Each room or unit
separately rented or offered for rent, and each day of such rental or offer for rental of such
unit, shall be a separate violation. In addition, the City may obtain an appropriate order
for injunctive relief to discontinue violation of this section.
(2) Delinquent Tax Returns.
Delinquent tax returns shall be assessed a $10.00 late filing fee. Upon filing of a delinquent
return, the entire tax finally determined shall be subject to a penalty of 25 percent of the
tax, exclusive of any interest or other penalties; or $5000 whichever is less. The City
Treasurer shall determine the amount required to be paid and shall notify the person
submitting the return, together with the permit holder if that is a different person, of the
assessment of the penalty.
(3) Failure to File Return, Failure to Pay Tax Due.
If any person fails to file a return as required by this section, fails to pay the tax due upon
the return or files an incomplete, incorrect or fraudulent return, the City Treasurer shall
make an estimate of the amount of the gross receipts. Such estimate shall be based upon
any information which is in the City Treasurer's possession or may come into his/her
possession. On the basis of this estimate, the City Treasurer shall compute and determine
the amount required to be paid to the City, adding to the sum arrived at a penalty equal
to 25 percent thereof or $5000 whichever is less.
(4) Penalties – When Due.
Any Penalty assessed by the City Treasurer under this section shall be due in full within
30 days from the date of the notice and invoice of the penalty amount.
(5) Interest.
All unpaid taxes or assessments under this section shall bear interest at the rate of 1
percent per month from the due date of the return until the first day of the month
following the month in which the tax is paid or deposited with the City Treasurer. An
extension of time within which to file a return shall not operate to extend the due date of
the return for purposes of interest computation. No interest shall accrue on any over-
City of Oshkosh Municipal Codes
Revised 12/31/01
City of Oshkosh Chapter 3 - Page 7 Municipal Codes
payment of the tax due. Penalties shall bear interest at the rate of 1 percent per month
from the due date of the penalty until paid.
(6) Suspension or Revocation of Permit.
The City elects not to be strictly bound by Chapter 68, Wisconsin Statutes, with respect to
administrative procedure in regard to revocation or suspension proceedings under this
Article.
When any person fails to comply with this section, the City Treasurer may, upon 10 days
notification and after affording such person the opportunity to show cause why their
permit should not be revoked, revoke or suspend any or all of the permits held by such
person. The City Treasurer shall give to such person a written determination regarding
the suspension or revocation of any permits.
The permit holder or their authorized representative may request a review of such
decision by filing a request for review with City Treasurer within ten (10) calendar days
of mailing of the original determination of the City Treasurer. The request shall state the
basis for the request and additional information may be presented at that time. The City
Treasurer shall schedule a hearing for requests for review and within 20 days of the date
of hearing shall make a determination in writing which shall be mailed to the permit
holder and their authorized representative, if applicable. Such determination shall be a
final determination subject to judicial review as provided in Section 68.13 of the Wisconsin
Statutes.
The City Treasurer shall not issue a new permit after the revocation of a permit unless
he/she is satisfied that the holder of the permit will comply with the provisions of this
section. The fee for renewal or issuance of a permit which has been previously suspended
or revoked shall be the same as for a new permit and shall be established by resolution of
the Council.
(H) Security may be Required.
In order to protect the revenue of the City, the City Treasurer may require any person liable for
the tax imposed by this section to place with the City, before or after a permit is issued, such
security, not in excess of $5,000 as the City Treasurer determines. If any taxpayer fails or refuses
to place such security, the City Treasurer may refuse to issue or may revoke any permit issued
under this section. If any taxpayer is delinquent in the payment of the taxes imposed by this
section, the City Treasurer may, upon 10 days notice, recover the taxes, interest and penalties
from the security placed with the City Treasurer by such taxpayer. No interest shall be paid or
allowed by the City to any person for the deposit of such security.
(I) Confidentiality.
All tax returns, schedules, exhibits, writings or audit reports relating to such returns, on file with
the City Treasurer, are deemed to be confidential, except the City Treasurer may divulge their
contents to the following, and no others:
(1) The person who filed the return.
City of Oshkosh Municipal Codes
Revised 12/31/01
City of Oshkosh Chapter 3 - Page 8 Municipal Codes
(2) Officers, agents, or employees of the Federal Internal Revenue Service or the State
Department of Revenue.
(3) Officers, employees, or agents of the City of Oshkosh as may be necessary to administer
this Article and/or to enforce collection.
Statistics and other information may be disclosed or published provided that the information
does not disclose the identity of particular individuals or businesses.
No person having an administrative duty under this section shall make known in any manner
the business affairs, operations or information obtained by an investigation of records of any
person on whom a tax is imposed by this section, or the amount or source of income, profits,
losses, expenditures, or any particular thereof set forth or disclosed in any return, or to permit
any return or copy thereof to be seen or examined by any person, except as provided in this
sub-section. Any person who shall violate the provisions of this subsections shall be subject to a
forfeiture not to exceed $200.
(J) Separability and Conflict
If any section, subsection, paragraph, sub-paragraph, sentence, clause, phrase or portion of this
ordinance is for any reason held 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 remaining portions of this ordinance.
All ordinances or parts of ordinances which are inconsistent or contrary to this ordinance are
repealed.
ARTICLE III. RESERVED
ARTICLE IV. NON-ISSUANCE OF LICENSES AND PERMITS
SECTION 3-30 NON-ISSUANCE OF CITY LICENSES AND PERMITS/DELINQUENT
TAXES, ASSESSMENTS AND SPECIAL CHARGES
(A) Unless otherwise specifically provided within this municipal code, licenses and permits required
for the carrying on of a trade or business within the City may be granted or renewed but shall not
be issued:
1) Premises. For any premises for which taxes, assessments, or special charges are
delinquent and unpaid.
a. This subsection 1) shall not apply to prohibit the issuance of a license for any
premises if:
i. the unpaid taxes, assessments or special charges were levied against
the premises; and
Commented [LL3]: This Article moved from
Chapter 8 with no changes
City of Oshkosh Municipal Codes
Revised 12/31/01
City of Oshkosh Chapter 3 - Page 9 Municipal Codes
ii. the license is necessary for the conduct of business on the premises
by a lessee of the premises; and
iii. the licensee and owner have no immediate or extended family,
business, or financial relationship with one another other than as
landlord and tenant.
2) Persons. To any person who is delinquent in the payment of taxes, assessments or special
charges related to the business or property for which the license or permit is sought.
(B) Appeal. Alleged errors in the determination of non-issuance of the license may be appealed to
the Finance Director within 5 days of notice of the non-issuance of the license or permit. The
Finance Director shall issue a notice setting forth a date and time for hearing on the matter, not
less than three (3) days nor more than fifteen (15) days after the date of the notice of hearing. At
the hearing, the complainant and a representative of the City may be represented by counsel, may
present evidence and call and examine witnesses and cross examine witnesses of another party.
Such witnesses shall be sworn or affirmed by the person conducting the hearing. The Finance
Director shall act as the decision maker. If the Finance Director is unable to so act, a decision
maker shall be appointed by the City Manager.
A written determination shall be made directing the continued holding of the license or permit
or the issuance of such license or permit. Within ten (10) days of the hearing, the written
determination shall be mailed to all interested parties and shall be placed on file with the City
Clerk by the decision maker. The written decision shall specify the reasons for the decision made.
Within ten days of the date of posting of the written decision, any person aggrieved thereby may
appeal such decision to the Common Council. Appeals shall be taken by filing a notice of appeal
specifying the grounds therefor with the City Clerk. On Appeal the Finance Director or other
decision maker shall forthwith transmit all papers relating to such appeal to the City Clerk. The
Clerk shall give notice of the appeal to the Common Council at its next regular meeting. The
Council shall then fix a reasonable time for hearing of the same and give public notice thereof, as
well as notice to the parties interested, and shall promptly decide the appeal. Any party to the
proceeding as well as any person who may be adversely affected by a decision of the Council
may appear at the hearing and may produce witnesses and be represented by counsel. In
addition to any other witnesses presented, the council may subpoena and examine such other
persons as it may deem necessary for a fair and impartial hearing of the appeal. The Clerk shall
swear or affirm all persons testifying before the council in regard to the appeal, and shall maintain
a record of all testimony and other evidence as may be presented.
The Council may reverse, affirm, or modify the decision of the Finance Director or other decision
maker appealed from, and to this end may direct issuance or non-issuance of any license or
permit. Within ten (10) days after the decision on any appeal, the City Clerk shall cause due
notice thereof in writing to be mailed to all parties to the appeal as well as any other persons who
may have appeared therein at their last known post office address. Such notice shall specify the
grounds for the decision.
Any person aggrieved by the decision of the Common Council on appeal may seek such other
City of Oshkosh Municipal Codes
Revised 12/31/01
City of Oshkosh Chapter 3 - Page 10 Municipal Codes
legal relief as may be available.
ARTICLE I. BILL POSTING, BILLBOARDS AND CIRCULARS
Reserved
Reserved
Reserved
Reserved
Reserved
Reserved
Reserved
Reserved
Reserved
Nuisance
Indiscriminate Bill Posting
ARTICLE II. PENALTIES
Penalties
City of Oshkosh Municipal Codes
Revised 12/31/01
City of Oshkosh Chapter 3 - Page 11 Municipal Codes
ARTICLE I. BILL POSTING, BILLBOARDS AND CIRCULARS
SECTION 3-1 RESERVED
SECTION 3-2 RESERVED
SECTION 3-3 RESERVED
SECTION 3-4 RESERVED
SECTION 3-5 RESERVED
SECTION 3-6 RESERVED
SECTION 3-7 RESERVED
SECTION 3-8 RESERVED
SECTION 3-9 RESERVED
SECTION 3-10 NUISANCE
Every billboard, signboard, illuminated sign or other contrivance for outdoor advertising
erected or maintained contrary to the provisions of this section shall be deemed a nuisance and
may be abated by the Board of Public Works.
SECTION 3-11 INDISCRIMINATE BILL POSTING
No person shall post or paint an advertisement upon any private wall, door, gate, tree or
fence without the consent of the owner thereof, and no person shall post or paint any notice or
advertisement upon any curb stone, flagging, gutter stone, sidewalk, pavement, lamp post,
hitching post, telephone or other posts for carrying wires, fire plugs or hydrants or upon any
public building or other structure except as expressly authorized by law, nor upon any fence,
building or structure of any kind in any of the public parks.
ARTICLE II. PENALTIES
SECTION 3-12 PENALTIES
Any person who shall violate any of the provisions of this Chapter or of any Section
thereof, shall, upon conviction thereof, be punished by a forfeiture of not less than $75.00 nor
more than $500.00, together with the costs of prosecution, and in default of payment thereof, by
imprisonment in the County Jail for a period not to exceed sixty (60) days. Each day of violation
shall constitute a separate offense. (03/l8/82)
Commented [LL4]: This section is outdated;
signage is regulated through Chapter 30
Commented [LL5]: Updated language and moved
to Section 17-12
City of Oshkosh Municipal Codes
Revised 02/26/2019
City of Oshkosh Chapter 5 – Page 1 Municipal Codes
CHAPTER 5
SPECIAL EVENTS
ARTICLE I. SPECIAL EVENTS
SECTION 5-1 SPECIAL EVENTS, MARCHES, AND PUBLIC ASSEMBLIES
ARTICLE I. SPECIAL EVENTS
SECTION 5-18 SPECIAL EVENTS, MARCHES, AND PUBLIC ASSEMBLIES
I. PURPOSE:
The City of Oshkosh recognizes that Special Events organized by individuals, private organizations, and
non-profits serve an important role in enhancing the city’s quality of life and can provide benefits to the
community as a whole. In an effort to treat all persons and groups uniformly, to facilitate the successful
staging of these special events, and to be mindful of the efficient use of available facilities and resources,
the City will commit staff time and facilities to review applications to hold spe cial events and assist the
organizers as needed to ensure that special events have an overall positive effect upon the community
and its resources.
The City will review Special Event applications for the purpose of assisting the event organizer in
complying with various applicable public safety requirements, as well as be involved during the special
event as needed to protect the safety and welfare of the public, and resources owned by the public.
During the City’s review and oversight in this process, the City will address traffic and parking issues,
health and safety issues related to the participants and the public, effects upon neighboring properties,
fire potential, explosions, disorder and other dangers to persons or property, preservation of peace and
order, sanitation, and the overall safeguarding of the public. The City will also consider the potential
diversion of public safety, emergency, and other services from their regular and necessary duties, and
the additional costs of providing public services necessary to protect the public health, safety, and
welfare associated with special events.
The City also recognizes that Marches and Public Assemblies held for the purpose of conveying messages
protected by the Constitution play an important role in enhancing the public life of citizens as well as the
interrelationship between citizens and their government. To that end, the City will similarly review
requests to hold Marches and Public Assemblies in the context of the safety and welfare of the community
and the availability of resources, but will do so in an expedited and abbreviated manner to ensure that
those wishing to hold and/or participate in such events may do so without unreasonable delays or
restrictions.
City of Oshkosh Municipal Codes
Revised 02/26/2019
City of Oshkosh Chapter 5 – Page 2 Municipal Codes
II. DEFINITIONS:
A. “Special Event” means a temporary gathering of people on public or private property and
involving at least one of the circumstances listed below. The City Manager, or their designee,
shall have the exclusive authority to determine whether or not an event meets the definition of
“Special Event.”
1. Exclusive use of all or part of waterways, or City or County-owned facilities, within the City
boundaries such as buildings, parks, open spaces, streets, parking lots, athletic fields, etc., but
does not include normal park shelter rentals;
2. Will involve the closing of a public street, alley, or public right of way; including block
parties
3. Over 250 people at any one time attending the event on private property, except those
situations meeting the definition of a “public assembly;”
4. Temporary installation or construction of structures, including but not limited to tents;
5. City ordinances and rules require public safety support by City employees;
6. Will require Extraordinary Services by any City Department;
7. Hours of the event extend beyond those otherwise adopted in City ordinances; or,
8. Alcohol, beverages, food, and/or merchandise will be offered.
Examples of Special Events included but are not limited to activities such as
running/jogging/walking events; boat, bicycle, running or road races and other forms of
competition and athletic events; music, theater, film performances or concerts; water ski
demonstrations, air shows, carnivals, equipment shows, cultural events such as art fairs, antique
shows, religious services, classes, meetings, parties, and other gatherings meeting the above
criteria. A Special Event is not intended to include events such as a family gathering; nonprofit
organization, business, or company picnic; or other similar events unless other criteria listed
above apply.
B. “City property” includes all municipal buildings, parks, beaches, athletic fields and complexes,
streets and other rights of way, parking lots, boating and docking facilities, and any other
property owned, leased or controlled by the City of Oshkosh.
C. “Extraordinary Services” means reasonable and necessary services provided by the City which
specifically result from the Special Event. Extraordinary services result in measurable financial
costs which are above and beyond the normal levels of public health and safety services on a non-
event day. Extraordinary services will normally be those services requiring city employees to be
specifically assigned to tasks in support of the Special Event and/or those services resulting in
City of Oshkosh Municipal Codes
Revised 02/26/2019
City of Oshkosh Chapter 5 – Page 3 Municipal Codes
overtime pay or similar costs which result from the event. Examples of extraordinary services
may include police protection, traffic control, fire monitoring, dedicated paramedic services,
parks services, and other services necessary to ensure the protection of participants and citizens,
the proper functioning of City services, and the proper administration of this Ordinance and
policy. The City departments will make reasonable efforts to adjust the schedules of employees
to minimize the requirement for overtime pay or other costs for Extraordinary Services where
sufficient advanced notice of the event is provided.
D. “Block Party” means a temporary gathering of residents from one neighborhood, usually under
100 persons, which requires a street closure of three blocks or less, minimally impacting normal
traffic patterns.
E. “March” means a group of persons, of any number, moving from one place to another on a public
way or public place, which requires a street closing or otherwise requires police officers to stop,
reroute or alter the normal flow of vehicular or pedestrian traffic because marchers are unlikely
to comply with traffic regulations and controls. A march is for the purpose of conducting
activities which are protected by the Constitution. All circumstances which do not meet the
specific definition of a March will be reviewed as a Special Event.
F. “Public Assembly” means an organized public gathering or group of persons, of any number,
which is reasonably anticipated to obstruct the normal flow of vehicular or pedestrian traffic upon
a public way or the normal use of a public place because those assembled will not comply with
the traffic regulations or controls, or with other public place use laws or policies, and will be
located in one place, but does not meet the definition of a march. A public assembly is for the
purpose of conducting activities which are protected by the Constitution. All circumstances
which do not meet the specific definition of a Public Assembly will be reviewed as a Special Event.
G. “Organizer” means any person, persons, or entity that arranges, plans, coordinates or takes other
substantive actions to gather persons for a Special Event, March or Public Assembly. The
determination of whether someone is an Organizer shall be based upon common understanding
and definitions of the words “organize”, “organizer”, “arrange”, “plan” and “coordinate” with
the ultimate determination based upon the totality of the circumstances after considering all
relevant factors, including but not limited to, the following:
1. Whether the person, persons or entity establishes or takes substantive actions to establish
the date for such Special Event, March or Public Assembly.
2. Whether the person, persons or entity arranges, plans or coordinates or takes substantive
actions to arrange, plan or coordinate the activities associated with the Special Event,
March or Public Assembly.
3. Whether the person, persons or entity arranges, plans or coordinates or takes substantive
actions to arrange, plan or coordinate the activities of persons to assist with the operation
of the Special Event, March or Public Assembly.
City of Oshkosh Municipal Codes
Revised 02/26/2019
City of Oshkosh Chapter 5 – Page 4 Municipal Codes
4. Whether the person, persons or entity erects or arranges, plans or coordinates or takes
substantive actions to arrange, plan or coordinate the erection of temporary structures,
placement of barricades or cones, signs, or other structures or objects to facilitate the
Special Event, March or Public Assembly.
5. Whether the person, persons or entity advertises and promotes the Special Event, March
or Public Assembly by means of traditional advertisements, banners, flyers, web-based
promotion, social media or other means.
6. Whether the person, persons or entity creates or causes another to create original content
related to the advertisement or promotion of the Special Event, March or Public Assembly.
7. Whether the person, persons or entity pays any costs or expenses for the purpose of the
Special Event, March or Public Assembly.
8. Whether the person, persons or entity receives revenue from the Special Event, March or
Public Assembly, directly or indirectly, by admissions, concessions, and sales of other
products or services.
Organizer does not include persons or entities which solely advertise or promote a Special Event,
March, or Public Assembly as part of a contract or agreement for advertising services, such as a
newspaper who accepts advertisement for an event, a convention and visitors bureau, tourism
bureau or persons who merely pass along information pertaining to a Special Event, March, or
Public Assembly through word of mouth, social media or otherwise. Organizer does not include
persons or entities that provide sponsorship through the provision of money, goods or services,
whether in exchange for advertising or not, for a Special Event, March or Public Assembly with
a separately identified Organizer.
The City Manager, or their designee, shall have the exclusive authority to determine whether or
not a person, persons or entity meets the definition of an “Organizer” under this ordinance.
III. PERMIT REQUIRED:
No person or entity acting as an event organizer shall set up for, hold, or conduct a Special Event, March,
or Public Assembly within the municipal boundaries of the City of Oshkosh without first obtaining a
Special Event, March, or Public Assembly permit. Due to the nature of March and Public Assembly
events, their review process will differ in some ways from Special Events as noted throughout this
Ordinance. Any differences in the requirements that apply to Special Events, or Marches and Assemblies
will be as noted herein.
The City Manager, or their designee, shall have the exclusive authority to determine whether or not a
permit is required for any particular event. The City’s review of any permit application and/or its
subsequent issuance of a permit shall not be construed as acceptance by the City or its representatives of
any liability or responsibility for any injury or damage relating to the Special Event, March and Special
Assembly. Special Event, March, and Public Assembly permits are temporary in nature, and do not vest
any permanent rights.
City of Oshkosh Municipal Codes
Revised 02/26/2019
City of Oshkosh Chapter 5 – Page 5 Municipal Codes
Not all Special Events will require a Special Event permit. If an event meets the definition of “Special
Event,” then a Special Event permit is required except for the following situations:
A. Events wholly contained on public or private property:
1. Specifically designed or suited for the Special Event, March, or Public Assembly; and
2. Which has an appropriate physical area for fire protection purposes, as well as appropriate
sanitation facilities and street and/or highway access; and,
3. Which result in no greater use of public facilities and services than on normal, non-event days.
The provision of legal parking spaces is not included in the determination of whether or not an
event is “wholly contained” on public or private property.
B. Funeral processions.
C. Events organized solely by the City. In these instances, notices shall be given to all affected
departments so that they may determine their level of sponsorship. Events in which the City
participates as one of the organizers are not exempt from the requirement of obtaining permits.
D. Recurring events which enter into a separate and specific agreement, which is approved by the
Common Council, to hold the event pursuant to the terms of the individual agreement. The
Council is authorized to modify the terms or requirements of this Ordinance within such an
agreement, provided the modifications meet the spirit if not the letter of this Ordinance.
E. Events on property otherwise exempt from City of Oshkosh permitting requirements, such as
events wholly contained on property owned by the State of Wisconsin that do not require
extraordinary services.
IV. PERMIT REQUIREMENTS:
A. Special Events
1. Completed written applications for a Special Event permit along with the application fee shall
be filed with the City Special Events Coordinator. Applications shall be on the form approved
by the City and signed by the person or authorized representative(s) of the entity organizing
the Special Event. In lieu of the application fee, the event organizer may submit with its
application a request that the fee be waived and provide in detail the reasons of financial
hardship and any other reasons for such request. The application and application fee may be
filed as early as desired by the applicant, but shall be filed no more than one (1) year before,
and no less than 60 days prior to the event.
City of Oshkosh Municipal Codes
Revised 02/26/2019
City of Oshkosh Chapter 5 – Page 6 Municipal Codes
2. Special Events must comply with all applicable City ordinances and requirements, including
but not limited to traffic rules, park rules, state health laws, fire codes, building codes, zoning,
food service, merchant, and liquor licensing requirements. Special Event organizers shall use
all reasonable efforts to ensure compliance of participants/ attendees with all applicable City
ordinances, traffic rules, park rules, state health laws, fire codes, and other licensing
requirements, unless otherwise waived herein.
3. The applicant shall identify a designated individual who can be contacted at any time by any
person regarding the event, including City representatives such as the Special Events
Coordinator, Police, Fire, Inspections Services, Parks, Public Works, Transportation, or Legal
departments to provide information or answer questions, or to whom City representatives may
refer questions and comments from the public or others.
4. The following City departments will be provided with copies of the Special Event permit
application for their review and comment: City Manager, Special Events Coordinator, Police,
Fire, Inspection Services, Public Works, Parks, Transportation, and Legal. Additional City
officials may need to review the application as may be warranted by the specific circumstances
of the event. In addition, a copy of the Special Event permit application will be provided to the
Winnebago County Health Department for their review. The Special Events Coordinator and
City departments shall notify the City Manager that they recommend the approval or denial of
the Special Event permit as requested, approval of the permit contingent upon changes or
modifications of the original request, or take no position on the application. At the time each
City department comments upon an application, they shall also provide the City Manager with
their best estimate of the cost of extraordinary services which may be necessary for the event.
5. The approval of any Special Event permit application shall always be conditioned upon the
approval of all other necessary permits, licenses, and inspections by City departments, in
addition to Common Council approval of the Special Event permit.
6. Special Event permits shall not be transferred or assigned without approval of the Common
Council. Special Event permits are automatically revoked at the time of transfer or assignment
without prior approval of the Council.
B. March and Public Assembly Permits
It shall be the policy of the City of Oshkosh to review permit applications for Marches and Public
Assemblies solely on the basis of their effect on the Health, Safety, and Welfare of the community.
The City does not discriminate against any particular group or type of speech expected to be
present when reviewing and acting upon any March and/or Public Assembly permit application.
1. Completed written applications for any March or Public Assembly permit along with the
application fee shall be filed with the Special Events Coordinator a minimum of five (5)
business days prior to the proposed March or Public Assembly. Applications shall be on the
form approved by the City and signed by the person or authorized representative of the entity
City of Oshkosh Municipal Codes
Revised 02/26/2019
City of Oshkosh Chapter 5 – Page 7 Municipal Codes
organizing the March or Public Assembly. In lieu of the application fee, the event organizer
may submit with the application form a request that the fee be waived and provide in detail
the reasons for financial hardship and any other reasons for such request.
2. The Chief of Police, or designee within the Police Department, shall have the authority to take
all necessary action regarding the March or Public Assembly permit application, including
the approval or denial of the application. Applications shall be reviewed and approved as
submitted, denied as submitted, approved with conditions, or tentatively approved within
two (2) business days after the application is submitted.
3. Tentative City approval may be given within the response period for circumstances which
involve property or right of way controlled by other persons or governmental entities, such
as circumstances involving right of way or property controlled by the State of Wisconsin.
4. During the review of the application, the Chief of Police may consult with all persons
reasonably necessary and available for such consultation, including the event organizers and
all other persons, entities, agencies, and governmental officials deemed necessary by the Chief
in order to make an informed decision regarding the application’s effect upon the health,
safety, and welfare of the community.
5. March and Public Assembly permit applications shall be reviewed for their effect upon traffic
control, public safety, as well as other considerations affecting the public health, safety and
welfare including the date, time, location and/or route, police an d fire protection necessary,
and sanitation provisions required. The application review will also include analysis of the
organizer’s plans to reasonably ensure that participants/attendees will also comply with all
applicable laws.
6. The City’s decision related to March and Public Assembly permit applications shall include a
requirement that the application fee be paid or that the fee is waived, a requirement that the
costs for Extraordinary Services be paid by the organizer(s) or that the costs are waived, and
a requirement that any other condition(s) allowed by law and which are necessary to ensure
the health, safety, and welfare of the community shall be incorporated into the terms of any
approved permit.
7. In those circumstances in which it is determined that costs for Extraordinary Services shall be
paid by the organizer(s), the Chief of Police shall have the authority to require that some or
all of the estimated costs for such services be paid to the City in advance or deposited in an
approved escrow account for the purpose of paying for such costs, or to require that another
form of security be submitted by the organizer(s) for the purpose of paying for such costs.
8. Before any March or Public Assembly permit is denied in whole or in part, the Chief of Police
shall make all reasonable efforts to discuss with the applicant the proposed event and its effect
upon the public safety, and shall provide or suggest to the applicant reasonable alternative
dates, times, locations, or other terms, conditions, and parameters of the March or Public
City of Oshkosh Municipal Codes
Revised 02/26/2019
City of Oshkosh Chapter 5 – Page 8 Municipal Codes
Assembly, to the extent that any such alternatives, terms, or conditions may be reasonably
carried out while protecting the public’s health, safety, and welfare.
9. Any applicant seeking to appeal the decision of the Chief of Police shall make such appeal, in
writing, to the City Manager, or designee. The City Manager, or designee, shall meet with
the Chief of Police and the applicant within three (3) business days after receiving an appeal.
Legal counsel and other persons with relevant factual information may participate in this
appeal meeting. The City Manager, or designee, shall provide the parties with an oral
decision at the conclusion of the meeting. A written decision may be requested by either the
applicant or the Chief of Police, and shall be made available by the City Manager as soon as
practicable.
10. An applicant may appeal the decision of the City Manager, or designee, to the Common
Council by filing a notice of appeal with the City Clerk. The Clerk shall place this issue on
the agenda for the next regularly scheduled Council meeting in which legally required notice
may be provided to the public.
11. The Council may affirm, reverse, or modify the determination of the City Manager, or
designee, at the conclusion of the agenda item and after all interested persons have had an
opportunity to be heard at the noticed public meeting.
12. Any applicant aggrieved by the decision of the Common Council may seek such other legal
relief as may be available.
V. REGULATIONS
Special Event permit applications shall address the following issues and attach additional supporting
material if necessary. A summary of required information follows, and more specific requirements can
be obtained from City departments when planning the event and seeking City approval.
A. Duration and hours of Operation: The Special Event application shall specify the specific days
upon which the event shall occur or, in the case of seasonal or recurring events, the days within
the season or period within the calendar year upon which the event will occur. No Special Event
shall be open to the public except between the hours of 8:00 a.m. and 11:00 p.m., unless such other
hours of operation are specifically approved by the Council. The permit application shall also
specify the hours during which pre-event and post-event takedown operations will occur, and no
such pre-event and post-event activities may be conducted other than as specified.
B. Maximum Attendance: A Special Event permit application shall specify the maximum daily peak
number of people reasonably expected to attend.
C. Parking: A Special Event permit application shall include a plan identifying areas that may be
reasonably expected to be utilized by event participants for off-street and on-street parking. The
applicant shall take all reasonable precautions to minimize adverse effects on the neighborhoods
that will be directly affected by parking and traffic related to the event. The police department
City of Oshkosh Municipal Codes
Revised 02/26/2019
City of Oshkosh Chapter 5 – Page 9 Municipal Codes
shall post temporary parking-related regulations on public streets for the Special Event only if it
is determined to be necessary by the Police Chief for public safety or as may be directed by the
Common Council within a permit approval process.
D. Sanitary facilities and Potable Water: All sanitary facilities and potable water facilities shall be
provided for as required in the applicable codes.
E. Illumination: If the Special Event is to continue during hours of darkness, it shall comply with
all applicable codes related to illumination.
F. Security: The Special Event applicant shall work with the Oshkosh Police Department to ensure
that appropriate security and safety is provided for the event. The Police Department may be
required, at its discretion, to be directly involved in the Special Event, with the costs of any
Extraordinary Services to be borne by the Special Event applicant if required by the Common
Council.
G. Fire Dept. Protection: All fire protection applicable to the Special Event activities on the premises,
shall be provided by the applicant as required by the municipal Fire Prevention Code and the
Wisconsin Administrative Code, including alarms, extinguishing devices, fire lanes, and fire
escapes.
H. Compliance with other Code Provisions: No Special Event shall be held unless all necessary
municipal permits, licenses, and approvals applicable to the activities to be held during the
Special Event have been issued.
I. Refuse Removal: The Special Event sponsor shall be responsible for taking all reasonable efforts
to pick up litter and refuse during the event, and for removing all litter and refuse created during
the event within twenty-four (24) hours after the conclusion of the event. The event organizer is
responsible not only for the event grounds, but will also take all reasonable measures for the
removal of litter and refuse attributable to the event from the surrounding neighborhoods and
properties.
J. Notification: The Special Event organizer may be required by the City to provide reasonable
advance notice to residents and/or businesses, or to neighborhoods if individual notice is
impractical, who may be expected to experience a substantial traffic and/or noise impact from the
event.
K. Barricades: Barricades shall be required for street closures or pursuant to a security plan.
Barricades may be available for rent from the City or from private companies with the costs of
any Extraordinary Services to be borne by the Special Event applicant. All barricades used for
the Special Event shall meet the standards as set forth in the Manual on Uniform Traffic Control
Devices (MUTCD), unless they are manned barricades.
City of Oshkosh Municipal Codes
Revised 02/26/2019
City of Oshkosh Chapter 5 – Page 10 Municipal Codes
VI. APPLICATION REVIEW:
A. Applications for Special Event permits shall be processed in the order of their receipt. Persons or
groups holding an approved Special Event may reserve dates for the event to be held the
following year provided they submit to the City Special Events Coordinator notification of their
intent to hold the event, the date(s) on which the event is expected to be held, and the application
fee within sixty (60) days after the end of the Special Event. This notice and fee will reserve the
dates identified until the formal application is submitted, or the notice of intent is withdrawn,
and will have priority over any other applications received. Dates will not be reserved if an
application also includes a request to waive the application fee. Unless the City receives a
notification of intent to hold an event as described above, the use of City property and allocation
of City resources shall be based upon the applications as they are received without regard to
events that may have been held in previous years. Recurring events with separate agreements
approved by the Council will have priority over the above reservations for the reservation of
dates and the allocation of City services.
B. Upon receiving an application for a Special Events permit, the City Manager may schedule a
meeting or meetings involving the applicant, any of the affected City departments, the public,
and/or other interested persons or officials. Meetings will be scheduled at the discretion of the
City Manager based upon the circumstances of the Special Event. The purpose of the meeting
will be to discuss the Special Event and its potential impacts, the City services requested, and the
City services which may be required. Such a meeting will be held as soon as practical after the
application has been submitted.
C. As soon as practical after the Special Event permit application is submitted, the City Manager
shall provide a recommendation to the Common Council regarding the Special Event permit
application. Potential recommendations may include: (1) the permit be issued as requested and
without conditions; (2) the permit be denied; or, (3) the permit be approved subject to certain
conditions deemed reasonable and necessary by the City Manager. The City Manager may also
recommend to the Council that the permit fee be waived, that the costs for Extraordinary Services
anticipated by the City to be necessary should be recouped from the event sponsor(s) or that the
costs for Extraordinary Services provided should be waived. The Common Council shall
approve or deny Special Event permit applications, place conditions upon any permit, require
that the permit fee be paid or waived, and require that some or all of the costs incurred by the
City for providing Extraordinary Services be reimbursed or that such costs will be waived.
D. To the extent permitted by law, the Common Council may deny an application for a permit if the
applicant has on prior occasions made material misrepresentations regarding the nature or scope
of any event or activity previously permitted, has held prior special events without proper
permitting or licensing, or has violated the terms of a prior permit issued to or on behalf of the
applicant. Additionally, a prior experience of the applicant in holding any event, or in holding
the Special Event which is the subject of the application, will be considered and may impact the
issuance of Special Event permits. A permit may be denied, or conditions placed thereon, based
upon considerations of the health, safety, and welfare of the community, and of the anticipated
City of Oshkosh Municipal Codes
Revised 02/26/2019
City of Oshkosh Chapter 5 – Page 11 Municipal Codes
costs of holding such event. Additionally, the Common Council may base their decision on one
or more of the following grounds:
1. The application is not fully completed and/or fails to include necessary attachments;
2. The applicant asserts that they cannot or will not pay the application fee* and the Council
determines that such fee should not be waived;
3. The applicant asserts that they cannot or will not pay the cost for Extraordinary Services and
the Council determines that such costs should not be waived.
4. The application for permit contains a material falsehood or misrepresentation;
5. The applicant is not legally competent to sign a contract, or to be held responsible for its
actions;
6. The applicant has, on prior occasions, been required to pay for Extraordinary Expenses or
damages to City property and has not paid in full for such expenses or damages;
7. A Special Event permit application for the same time and place, or utilizing extraordinary
City resources, has previously been received, and a permit for such previous application
has been or will be granted which will authorize uses or activities which does not reasonably
permit the multiple occupancy of City facilities or would result in a utilization of City
resources which would adversely affect the health, safety, and welfare of the community;
8. The Special Event use or activities intended by the applicant would conflict with previously
planned events and programs which have been organized by others either through the use
of City facilities or the unavailability of sufficient City resources for the proposed event;
9. The intended Special Event use or activity would present a grave or unreasonable danger to
the health or safety of the persons expected to participate in the event, the neighborhood in
which the event will occur, the community as a whole, or City property and resources
required to be involved with the proposed event;
10. The number of persons expected to participate in the Special Event would result in a
concentration of persons, vehicles, or things which cannot be supported at the requested
time or location due to a lack of sufficient open area, streets, offsite parking, or traffic
controls.
11. Activities reasonably expected to occur at the intended Special Event are prohibited by law.
12. The City’s anticipated costs associated with the event including, but not limited to,
extraordinary expenses, exceed the anticipated benefit of the event to the community.
Council may consider all relevant information in making this determination including, but
City of Oshkosh Municipal Codes
Revised 02/26/2019
City of Oshkosh Chapter 5 – Page 12 Municipal Codes
not limited to, those criteria identified in Sub-section VI. D. of this Section.
13. It is reasonably anticipated that the Special Event use or activities intended by the applicant
will materially interfere with individuals or the general community’s use of public property
or public rights-of-way in such a manner or for a length of time to exceed the anticipated
benefit of the event to the community. Council may consider all relevant information in
making this determination including, but not limited to, those criteria identified in Sub-
section VI. D. of this Section.
E. Amendment or Revisions of Applications. Any amendment or revision of any permit application
shall, for purposes of determining the priority of the application, relate back to the original filing
thereof unless the original filing is unreasonably incomplete or lacking sufficient information to
allow for an adequate review of the proposed event.
F. Mapped Routes and Alterations of Mapped Routes. Routes for Special Events such as parades
must be submitted with the permit application. Proposed Routes may be altered at the discretion
of the City in the interests of the health, safety, and welfare of the community. Any deviation
from the approved route without approval of the City will constitute a violation of the permit
conditions and of these requirements. Additionally, unapproved changes may result in the denial
of future Special Event permit applications.
VII. FEES AND REIMBURSEMENT SCHEDULE
A non-refundable application fee is required for all Special Event, March, and Public Assembly permit
applications. Permit applications may include a request to waive the application fee. However, permits
shall not be issued unless the fee is paid or it is specifically waived by the Council. The permit application
fees identified herein are separate from other specific fees or licenses required, and separate from any
requirement to reimburse the City for the actual cost of any Extraordinary Services required for the
permitted event, or for damage or destruction resulting from the event.
A. Permit Fees:
1. Special Event, March, and Public Assembly Permits (non-refundable)
a. Single day event $25.00
b. Multiple day event (consecutive or recurring) $35.00
2. All other required charges and/or fees, including but not limited to facility rental, food and
beverage sale permits, temporary structure fees, and equipment rental fees, etc., must be paid
in addition to the permit application fee. Submittal of a permit application does not reserve
a park or any other City facility, property, or services necessary for the event.
City of Oshkosh Municipal Codes
Revised 02/26/2019
City of Oshkosh Chapter 5 – Page 13 Municipal Codes
3. Applicants for Special Events, March, or Public Assembly permits may include in their initial
submission a request that the permit administrative fee be waived due to substantial financial
hardship.
4. Application fees shall be effective for Special Events, Marches and Public Assemblies occurring
on and after January 1, 2017.
B. Extraordinary Services Charges
The Common Council shall approve by Resolution each year a list of standard fees and charges
which will be used to determine the amount of charges attributed to Extraordinary Services
provided to Special Events by the City. The Resolution may provide for standard hourly charges
or flat fee charges for services provided, and may specify tasks that may or may not be subject to
Extraordinary Service charges.
C. Extraordinary Services Reimbursement:
1. Special Events
a. For those Special Events in which costs for Extraordinary Services are not waived by the
Common Council, event organizers shall be liable for and shall pay to the City the actual
cost of all Extraordinary Services provided by the City. If the Special Event has more than
one person or entity organizer, then each of the organizers are liable to the City for the
total amount due, regardless of how the multiple organizers may separately agree to
divide these expenses. If the City is a co-organizer of a Special Event, the cost of the
Extraordinary Services the City is responsible for will be based upon the level of City
involvement, and that amount shall be deducted from the total cost for the Extraordinary
Services provided by the City. The costs for Extraordinary Services charged to event
organizers shall not exceed the actual costs of providing these services. This fee shall be
paid to the City within thirty (30) days of the date an itemized invoice for the same is
prepared and mailed by the City at the conclusion of the Special Event.
b. Prior to any approval of a Special Event permit, the Special Events Coordinator, Police
and Fire Departments, along with all other departments potentially affected by the
proposed Special Event, shall review the application and report to the City Manager their
respective findings as to an estimate of the costs reasonably expected to be incurred by
the City for providing Extraordinary Services at or for the Special Event. The application
shall be required to provide enough detail to allow the City departments and to determine
the level of Extraordinary Services required and their associated costs for the Special
Event. The estimates provided by City departments shall provide enough detail to allow
the event organizer to reasonably understand the Extraordinary Services that are expected
to be necessary.
c. After reviewing the findings of the City departments, the City Manager may recommend
to the Common Council that conditions relating to advance payment or reimbursement
City of Oshkosh Municipal Codes
Revised 02/26/2019
City of Oshkosh Chapter 5 – Page 14 Municipal Codes
of the costs for Extraordinary Services be placed upon the Special Event permit if
approved. Alternatively, the City Manager may recommend that payment or
reimbursement of some or all of the costs for Extraordinary Services to be provided be
waived.
d. The Common Council shall address the issue of Extraordinary Services before or at the
time it takes action on a Special Event permit application. The Council may address the
issue of Extraordinary Services through one or more of the following actions:
i. The Council may require that event organizers pay all actual costs for Extraordinary
Services provided by the City for the event, with the total costs incurred to be mailed
via invoice to the organizer(s) within thirty (30) days after the conclusion of the event.
ii. The Council may require the event organizer(s) pay less than the actual costs for
Extraordinary Services provided by the City in an amount to be determined by the
Council depending upon the unique circumstances of the event, with the remaining
actual costs to be waived. Any amounts required to be paid shall be mailed via invoice
to the organizer(s) within thirty (30) days after the conclusion of the event.
iii. The Council may waive all costs for Extraordinary Services provided by the City for
the event.
iv. In the event that the Council requires that the event organizer(s) pay some or all of the
costs for Extraordinary Services provided by the City for the event, then the Council
may require that funds be placed in escrow, or other necessary security be provided,
before the permit is issued. The amount of the cash deposit or other security shall be
based upon the cost estimate of the Extraordinary Services which may be incurred.
The Special Events permit shall not be issued until the event organizer(s) have
complied with any requirements for security.
v. Security for the estimated costs of Extraordinary Services may be in the form of a cash
deposit in an escrow account, bond, letter of credit, or similar instrument, with the
type and form of the instrument to be at the discretion of the City.
vi. If the actual costs for Extraordinary Services exceeds the security provided and has
not otherwise been waived by the Council, then the difference shall be billed to and
paid by the event organizer(s). If the actual costs for Extraordinary Services provided
is less than the amount of funds deposited in advance of the event, then any unused
amounts must be returned to the event organizer(s) within a reasonable time after the
event concludes. Any other security instrument must be either used or released by
the City within a reasonable time after the conclusion of the event
City of Oshkosh Municipal Codes
Revised 02/26/2019
City of Oshkosh Chapter 5 – Page 15 Municipal Codes
2. Marches and Public Assemblies
The City, through the Chief of Police, shall address the issue of costs for Extraordinary
Services before or at the time final action is taken on a March and Public Assembly permit
application. Extraordinary Services will generally consist of vehicular and pedestrian traffic
control and of efforts to ensure the safety of persons and property in crowded and/or
potentially volatile situations.
a. The City may require that event organizers pay all costs for Extraordinary Services
provided by the City for the event, with the total costs incurred to be mailed via invoice
to the organizer(s) within thirty (30) days after the conclusion of the event.
b. The City may require the event organizer(s) pay less than the costs for Extraordinary
Services provided by the City in an amount to be determined by the Chief of Police
depending upon the unique circumstances of the event, with the remaining actual costs
to be waived. Any amounts required to be paid shall be mailed via invoice to the
organizer(s) within thirty (30) days after the conclusion of the event.
c. The City may waive all costs for Extraordinary Services provided for the event.
d. In the event that the City requires that the event organizer(s) pay some or all of the costs
for Extraordinary Services provided by the City for the event, then the City may require
that funds be placed in escrow, or other necessary security be provided, before the permit
is issued. The amount of the cash deposit or other security shall be based upon the cost
estimate of the Extraordinary Services which may be incurred. The Special Events permit
shall not be issued until the event organizer(s) have complied with any requirements for
security.
e. Security for the estimated costs of Extraordinary Services may be in the form of a cash
deposit in an escrow account, bond, letter of credit, or similar instrument, with the type
and form of the instrument to be at the discretion of the City.
f. If the actual costs for Extraordinary Services provided exceed the security and has not
been waived by the Chief of Police, then the difference shall be billed to and paid by the
event organizer(s). If the actual costs for Extraordinary Services provided is less than the
amount of funds deposited in advance of the event, then any unused amounts must be
returned to the event organizer(s) within a reasonable time after the event concludes. Any
other security instrument must be either used or released by the City within a reasonable
time after the conclusion of the event.
City of Oshkosh Municipal Codes
Revised 02/26/2019
City of Oshkosh Chapter 5 – Page 16 Municipal Codes
D. Considerations for Reviewing Application Fees* and/or Extraordinary Costs
The Common Council will review applications for waivers of application fees, as well as
recommendations from the City Manager relating to the assessment or waiver of City costs for
providing Extraordinary Services based upon relevant and lawful criteria. The Council should
at a minimum consider the following criteria for making these determinations, as well as other
criteria which may be relevant on a case by case basis. As each Special Event is different, the
Council may place different weight on different criteria in each circumstance and therefore the
following list does not set any priorities for any particular event.
1. The Special Event’s benefit to the quality of life to the City as a whole;
2. The Special Event’s financial benefit to the City as a whole;
3. The Special Event is of interest to a smaller segment of the City’s population which the City
seeks to encourage;
4. The tradition of the event in the City;
5. The cultural and/or historical significance of the Special Event;
6. Whether or not the Special Event provides services or functions that are traditionally
organized or sponsored by other Cities or governments;
7. Whether or not the Special Event organizers are making good faith efforts to minimize
adverse effects on the health, safety, and welfare of the community and as a result
minimizing the need for City employee involvement;
8. The effect of the Special Events on the neighborhood(s) surrounding the site of the event;
9. The financial burden the Special Event places on the City’s taxpayers as a whole;
10. The financial condition of the event organizer(s).
VIII. INDEMNIFICATION AND HOLD HARMLESS
Organizers of Special Events, Marches, and Public Assemblies shall be required to sign an agreement in
a form acceptable to the City in which they agree to indemnify the City of Oshkosh, and its departments,
and hold the City and its departments, employees, and agents, harmless from any liability to any person
resulting from any damage or injury to property or any person which occurs in connection with the
permitted event proximately caused by the any actions or inactions of the event’s organizer, their officers,
employees, or agents, or any person under their control insofar as permitted by law.
IX. INSURANCE
All Special Event organizers shall procure at their expense, a policy of insurance subject to the City’s
minimum requirements for Special Events.
The insurance required by the City of Oshkosh is primary coverage for incidents which may occur on
City property or to City employees during the event, and any insurance or self insurance maintained by
the City of Oshkosh, its officers, council members, agents, employees or authorized volunteers will not
contribute to a loss. All insurance shall be in full force prior to commencing the event and remain in
force throughout the entire event, including the clean up period after the event.
City of Oshkosh Municipal Codes
Revised 02/26/2019
City of Oshkosh Chapter 5 – Page 17 Municipal Codes
The certificate of insurance shall be satisfactory proof of insurance of said policies and shall be filed at
the office of the Special Events Coordinator for the City of Oshkosh a minimum of thirty (30) days prior
to the scheduled event.
A copy of the certificate of insurance may be accepted by facsimile transmission or an email attachment
with the original to be received no later than ten (10) days prior to the event. The event shall not be
allowed to proceed without submission of insurance documentation. The City’s act of receiving and
retaining proof of insurance information without comment shall not be considered acceptance, waiver,
or modification of any term or requirement herein, or any applicable law.
X. EVENT CANCELLATION
The City Manager in the case of a Special Event, or the Chief of Police in the case of a March or Public
Assembly, may cancel a Special Event, March, or Public Assembly, regardless of whether or not a permit
has been issued, without prior notice for any significant change in conditions which would or may
adversely affecting the public health or safety of the community, or for any condition that would place
facilities, grounds, or other nature resources at risk of damage or destruction if the event were permitted
to take place.
XI. PENALTIES
In addition to other potential fines, penalties, and/or charges as described in the Oshkosh Municipal
Code, the violation of the terms of the Special Event, March, or Public Assembly permit shall be
punishable by forfeiture of not less than $500.00 and not more than $1,000.00. Each day of violation shall
be considered a separate offense. In addition, the City may enforce this section by way of immediately
revoking the permit, seeking injunctive relief, and all other remedies available at law and in equity.
The penalties set forth herein shall also apply to all persons, organizations, and entities that organize
events which are required to obtain a Special Event permit but fail or refuse to do so. If any person
violates any provision of this Ordinance, the City shall have the authority to institute the appropriate
legal action or proceedings to ensure compliance and to thereby prohibit such person from violating
these conditions.
The failure to obtain a Special Event permit before holding or conducting a Special Event, or the failure
to abide by Special Event, March, or Public Assembly permit requirements, will constitute a violation of
this section and may result in the termination of the event, denial of future permit applications, or
issuance of a City Ordinance citation.
XII. SEVERABILITY
If any provision of this Ordinance or application thereof to any person or circumstances be held invalid,
the remainder of this Ordinance and the application of such provision to other persons or circumstances
shall not be affected. The City of Oshkosh reserves the right to amend or repeal this Ordinance at any
time upon proper notice; and all rights, privileges and immunities conferred by this Ordinance or by acts
done pursuant hereto shall exists subject to such power.
City of Oshkosh Municipal Codes
Revised 02/26/2019
City of Oshkosh Chapter 5 – Page 1 Municipal Codes
CHAPTER 5
AMUSEMENTSSPECIAL EVENTS
ARTICLE I. PUBLIC DANCES SPECIAL EVENTS
RESERVED. (Formerly Definitions – Repealed 05/07/12)
RESERVED. (Formerly License Required – Repealed 05/07/12)
RESERVED. (Formerly Application and Fee – Repealed 05/07/12)
RESERVED. (Formerly Investigation of Premises – Repealed 05/07/12)
RESERVED. (Formerly Issuance of License – Repealed 05/07/12)
RESERVED. (Formerly Revocation – Repealed 05/07/12)
RESERVED. (Formerly Police Supervision – Repealed 05/07/12)
RESERVED. (Formerly Sanitation and Lighting – Repealed 05/07/12)
RESERVED. (Formerly Authority to Stop Dance – Repealed 05/07/12)
RESERVED. (Formerly Laws to be Obeyed – Repealed 05/07/12)
RESERVED. (Formerly Duties of Floor Manager – Repealed 05/07/12)
RESERVED. (Formerly Advertisements of Dances – Repealed 05/07/12)
RESERVED. (Formerly Closing Hours – Repealed 05/07/12)
ARTICLE II. BILLIARDS, POOL AND BOWLING ALLEYS
LICENSE REQUIRED
ISSUANCE OF LICENSE
LICENSE FEES; TERM
GAMBLING PROHIBITED
ARTICLE III. AMUSEMENTS
5-18 SPECIAL EVENTS, MARCHES, AND PUBLIC ASSEMBLIES
RESERVED
RESERVED
RESERVED
RESERVED
RESERVED
RESERVED
RESERVED
RESERVED
ARTICLE IV. RESERVED
5-1 RESERVED
5-2 RESERVED
5-3 RESERVED
5-4 RESERVED
City of Oshkosh Municipal Codes
Revised 02/26/2019
City of Oshkosh Chapter 5 – Page 2 Municipal Codes
5-5 RESERVED
5-6 RESERVED
ARTICLE V. MINIATURE GOLF COURSES
5-7 LICENSE REQUIRED
5-8 APPLICATION; FEE; TERM
5-9 CLOSING HOURS
ARTICLE VI. MECHANICAL ENTERTAINMENT DEVICES
5-10 LICENSE REQUIRED
5-11 ISSUANCE OF LICENSE
5-12 HOURS RESTRICTED
ARTICLE VII. PENALTIES
PENALTIES
City of Oshkosh Municipal Codes
Revised 02/26/2019
City of Oshkosh Chapter 5 – Page 3 Municipal Codes
ARTICLE I. PUBLIC DANCESSPECIAL EVENTS
SECTION 5-1 Reserved. (Formerly DEFINITIONS – Repealed 05/07/12)
SECTION 5-2 Reserved. (Formerly LICENSE REQUIRED – Repealed 05/07/12)
SECTION 5-3 Reserved. (Formerly APPLICATION AND FEE – Repealed 05/07/12)
SECTION 5-4 Reserved. (Formerly INVESTIGATION OF PREMISES – Repealed
05/07/12)
SECTION 5-5 Reserved. (Formerly ISSUANCE OF LICENSE – Repealed 05/07/12)
SECTION 5-6 Reserved. (Formerly REVOCATION – Repealed 05/07/12)
SECTION 5-7 Reserved. (Formerly POLICE SUPERVISION – Repealed 05/07/12)
SECTION 5-8 Reserved. (Formerly SANITATION AND LIGHTING – Repealed
05/07/12)
SECTION 5-9 Reserved. (Formerly AUTHORITY TO STOP DANCE – Repealed
05/07/12)
SECTION 5-10 Reserved. (Formerly LAWS TO BE OBEYED – Repealed 05/07/12)
SECTION 5-11 Reserved. (Formerly DUTIES OF THE FLOOR MANAGER – Repealed
05/07/12)
SECTION 5-12 Reserved. (Formerly ADVERTISEMENTS OF DANCES – Repealed 05/07/12)
SECTION 5-13 Reserved. (Formerly CLOSING HOURS – Repealed 05/07/12)
ARTICLE II. BILLIARDS, POOL, AND BOWLING ALLEYS
SECTION 5-14 LICENSE REQUIRED
No person, firm or corporation shall erect, maintain or permit to be erected or maintained upon his
premises, for gain, any billiard or pool tables or bowling alley without first having obtained a license
therefor as herein provided.
SECTION 5-15 ISSUANCE OF LICENSE
Each license granted shall be issued by the City Clerk upon payment of the prescribed fee, and signed
by the City Manager and City Clerk and shall be sealed with the corporate seal of the City. No license
issued pursuant hereto shall be assignable.
SECTION 5-16 LICENSE FEES; TERM
The annual license fee shall be $10.00 for each individual bowling alley, or nine or ten pin alley in any
bowling establishment, and $5.00 for each billiard table and pool table. Every license shall expire on the
1st day of June next succeeding the granting thereof. No license issued pursuant hereto shall be
assignable.
Commented [LL1]: Moved to Chapter 8 Licenses.
No change.
City of Oshkosh Municipal Codes
Revised 02/26/2019
City of Oshkosh Chapter 5 – Page 4 Municipal Codes
SECTION 5-17 GAMBLING PROHIBITED
No person licensed to keep a billiard table, pool table or bowling alley shall allow or permit any kind of
rioting, reveling, drunkenness, lewd or disorderly conduct on the licensed premises, or shall use or
permit the use of such billiard table, pool table or bowling alley so kept by him for the purpose of
gambling.
ARTICLE III. AMUSEMENTS
SECTION 5-18 SPECIAL EVENTS, MARCHES, AND PUBLIC ASSEMBLIES
I. PURPOSE:
The City of Oshkosh recognizes that Special Events organized by individuals, private organizations, and
non-profits serve an important role in enhancing the city’s quality of life and can provide benefits to the
community as a whole. In an effort to treat all persons and groups uniformly, to facilitate the successful
staging of these special events, and to be mindful of the efficient use of available facilities and resources,
the City will commit staff time and facilities to review applications to hold special events and assist the
organizers as needed to ensure that special events have an overall positive effect upon the community
and its resources.
The City will review Special Event applications for the purpose of assisting the event organizer in
complying with various applicable public safety requirements, as well as be involved during the special
event as needed to protect the safety and welfare of the public, and resources owned by the public.
During the City’s review and oversight in this process, the City will address traffic and parking issues,
health and safety issues related to the participants and the public, effects upon neighboring properties,
fire potential, explosions, disorder and other dangers to persons or property, preservation of peace and
order, sanitation, and the overall safeguarding of the public. The City will also consider the potential
diversion of public safety, emergency, and other services from their regular and necessary duties, and
the additional costs of providing public services necessary to protect the public health, safety, and
welfare associated with special events.
The City also recognizes that Marches and Public Assemblies held for the purpose of conveying messages
protected by the Constitution play an important role in enhancing the public life of citizens as well as the
interrelationship between citizens and their government. To that end, the City will similarly review
requests to hold Marches and Public Assemblies in the context of the safety and welfare of the community
and the availability of resources, but will do so in an expedited and abbreviated manner to ensure that
those wishing to hold and/or participate in such events may do so without unreasonable delays or
restrictions.
II. DEFINITIONS:
Commented [LL2]: no change
City of Oshkosh Municipal Codes
Revised 02/26/2019
City of Oshkosh Chapter 5 – Page 5 Municipal Codes
A. “Special Event” means a temporary gathering of people on public or private property and
involving at least one of the circumstances listed below. The City Manager, or their designee,
shall have the exclusive authority to determine whether or not an event meets the definition of
“Special Event.”
1. Exclusive use of all or part of waterways, or City or County-owned facilities, within the City
boundaries such as buildings, parks, open spaces, streets, parking lots, athletic fields, etc., but
does not include normal park shelter rentals;
2. Will involve the closing of a public street, alley, or public right of way; including block
parties
3. Over 250 people at any one time attending the event on private property, except those
situations meeting the definition of a “public assembly;”
4. Temporary installation or construction of structures, including but not limited to tents;
5. City ordinances and rules require public safety support by City employees;
6. Will require Extraordinary Services by any City Department;
7. Hours of the event extend beyond those otherwise adopted in City ordinances; or,
8. Alcohol, beverages, food, and/or merchandise will be offered.
Examples of Special Events included but are not limited to activities such as
running/jogging/walking events; boat, bicycle, running or road races and other forms of
competition and athletic events; music, theater, film performances or concerts; water ski
demonstrations, air shows, carnivals, equipment shows, cultural events such as art fairs, antique
shows, religious services, classes, meetings, parties, and other gatherings meeting the above
criteria. A Special Event is not intended to include events such as a family gathering; nonprofit
organization, business, or company picnic; or other similar events unless other criteria listed
above apply.
B. “City property” includes all municipal buildings, parks, beaches, athletic fields and complexes,
streets and other rights of way, parking lots, boating and docking facilities, and any other
property owned, leased or controlled by the City of Oshkosh.
C. “Extraordinary Services” means reasonable and necessary services provided by the City which
specifically result from the Special Event. Extraordinary services result in measurable financial
costs which are above and beyond the normal levels of public health and safety services on a non-
event day. Extraordinary services will normally be those services requiring city employees to be
specifically assigned to tasks in support of the Special Event and/or those services resulting in
overtime pay or similar costs which result from the event. Examples of extraordinary services
City of Oshkosh Municipal Codes
Revised 02/26/2019
City of Oshkosh Chapter 5 – Page 6 Municipal Codes
may include police protection, traffic control, fire monitoring, dedicated paramedic services,
parks services, and other services necessary to ensure the protection of participants and citizens,
the proper functioning of City services, and the proper administration of this Ordinance and
policy. The City departments will make reasonable efforts to adjust the schedules of employees
to minimize the requirement for overtime pay or other costs for Extraordinary Services where
sufficient advanced notice of the event is provided.
D. “Block Party” means a temporary gathering of residents from one neighborhood, usually under
100 persons, which requires a street closure of three blocks or less, minimally impacting normal
traffic patterns.
E. “March” means a group of persons, of any number, moving from one place to another on a public
way or public place, which requires a street closing or otherwise requires police officers to stop,
reroute or alter the normal flow of vehicular or pedestrian traffic because marchers are unlikely
to comply with traffic regulations and controls. A march is for the purpose of conducting
activities which are protected by the Constitution. All circumstances which do not meet the
specific definition of a March will be reviewed as a Special Event.
F. “Public Assembly” means an organized public gathering or group of persons, of any number,
which is reasonably anticipated to obstruct the normal flow of vehicular or pedestrian traffic upon
a public way or the normal use of a public place because those assembled will not comply with
the traffic regulations or controls, or with other public place use laws or policies, and will be
located in one place, but does not meet the definition of a march. A public assembly is for the
purpose of conducting activities which are protected by the Constitution. All circumstances
which do not meet the specific definition of a Public Assembly will be reviewed as a Special Event.
G. “Organizer” means any person, persons, or entity that arranges, plans, coordinates or takes other
substantive actions to gather persons for a Special Event, March or Public Assembly. The
determination of whether someone is an Organizer shall be based upon common understanding
and definitions of the words “organize”, “organizer”, “arrange”, “plan” and “coordinate” with
the ultimate determination based upon the totality of the circumstances after considering all
relevant factors, including but not limited to, the following:
1. Whether the person, persons or entity establishes or takes substantive actions to establish
the date for such Special Event, March or Public Assembly.
2. Whether the person, persons or entity arranges, plans or coordinates or takes substantive
actions to arrange, plan or coordinate the activities associated with the Special Event,
March or Public Assembly.
3. Whether the person, persons or entity arranges, plans or coordinates or takes substantive
actions to arrange, plan or coordinate the activities of persons to assist with the operation
of the Special Event, March or Public Assembly.
4. Whether the person, persons or entity erects or arranges, plans or coordinates or takes
substantive actions to arrange, plan or coordinate the erection of temporary structures,
City of Oshkosh Municipal Codes
Revised 02/26/2019
City of Oshkosh Chapter 5 – Page 7 Municipal Codes
placement of barricades or cones, signs, or other structures or objects to facilitate the
Special Event, March or Public Assembly.
5. Whether the person, persons or entity advertises and promotes the Special Event, March
or Public Assembly by means of traditional advertisements, banners, flyers, web-based
promotion, social media or other means.
6. Whether the person, persons or entity creates or causes another to create original content
related to the advertisement or promotion of the Special Event, March or Public Assembly.
7. Whether the person, persons or entity pays any costs or expenses for the purpose of the
Special Event, March or Public Assembly.
8. Whether the person, persons or entity receives revenue from the Special Event, March or
Public Assembly, directly or indirectly, by admissions, concessions, and sales of other
products or services.
Organizer does not include persons or entities which solely advertise or promote a Special Event,
March, or Public Assembly as part of a contract or agreement for advertising services, such as a
newspaper who accepts advertisement for an event, a convention and visitors bureau, tourism
bureau or persons who merely pass along information pertaining to a Special Event, March, or
Public Assembly through word of mouth, social media or otherwise. Organizer does not include
persons or entities that provide sponsorship through the provision of money, goods or services,
whether in exchange for advertising or not, for a Special Event, March or Public Assembly with
a separately identified Organizer.
The City Manager, or their designee, shall have the exclusive authority to determine whether or
not a person, persons or entity meets the definition of an “Organizer” under this ordinance.
III. PERMIT REQUIRED:
No person or entity acting as an event organizer shall set up for, hold, or conduct a Special Event, March,
or Public Assembly within the municipal boundaries of the City of Oshkosh without first obtaining a
Special Event, March, or Public Assembly permit. Due to the nature of March and Public Assembly
events, their review process will differ in some ways from Special Events as noted throughout this
Ordinance. Any differences in the requirements that apply to Special Events, or Marches and Assemblies
will be as noted herein.
The City Manager, or their designee, shall have the exclusive authority to determine whether or not a
permit is required for any particular event. The City’s review of any permit application and/or its
subsequent issuance of a permit shall not be construed as acceptance by the City or its representatives of
any liability or responsibility for any injury or damage relating to the Special Event, March and Special
Assembly. Special Event, March, and Public Assembly permits are temporary in nature, and do not vest
any permanent rights.
Not all Special Events will require a Special Event permit. If an event meets the definition of “Special
Event,” then a Special Event permit is required except for the following situations:
A. Events wholly contained on public or private property:
City of Oshkosh Municipal Codes
Revised 02/26/2019
City of Oshkosh Chapter 5 – Page 8 Municipal Codes
1. Specifically designed or suited for the Special Event, March, or Public Assembly; and
2. Which has an appropriate physical area for fire protection purposes, as well as appropriate
sanitation facilities and street and/or highway access; and,
3. Which result in no greater use of public facilities and services than on normal, non-event days.
The provision of legal parking spaces is not included in the determination of whether or not an
event is “wholly contained” on public or private property.
B. Funeral processions.
C. Events organized solely by the City. In these instances, notices shall be given to all affected
departments so that they may determine their level of sponsorship. Events in which the City
participates as one of the organizers are not exempt from the requirement of obtaining permits.
D. Recurring events which enter into a separate and specific agreement, which is approved by the
Common Council, to hold the event pursuant to the terms of the individual agreement. The
Council is authorized to modify the terms or requirements of this Ordinance within such an
agreement, provided the modifications meet the spirit if not the letter of this Ordinance.
E. Events on property otherwise exempt from City of Oshkosh permitting requirements, such as
events wholly contained on property owned by the State of Wisconsin that do not require
extraordinary services.
IV. PERMIT REQUIREMENTS:
A. Special Events
1. Completed written applications for a Special Event permit along with the application fee shall
be filed with the City Special Events Coordinator. Applications shall be on the form approved
by the City and signed by the person or authorized representative(s) of the entity organizing
the Special Event. In lieu of the application fee, the event organizer may submit with its
application a request that the fee be waived and provide in detail the reasons of financial
hardship and any other reasons for such request. The application and application fee may be
filed as early as desired by the applicant, but shall be filed no more than one (1) year before,
and no less than 60 days prior to the event.
2. Special Events must comply with all applicable City ordinances and requirements, including
but not limited to traffic rules, park rules, state health laws, fire codes, building codes, zoning,
food service, merchant, and liquor licensing requirements. Special Event organizers shall use
all reasonable efforts to ensure compliance of participants/ attendees with all applicable City
City of Oshkosh Municipal Codes
Revised 02/26/2019
City of Oshkosh Chapter 5 – Page 9 Municipal Codes
ordinances, traffic rules, park rules, state health laws, fire codes, and other licensing
requirements, unless otherwise waived herein.
3. The applicant shall identify a designated individual who can be contacted at any time by any
person regarding the event, including City representatives such as the Special Events
Coordinator, Police, Fire, Inspections Services, Parks, Public Works, Transportation, or Legal
departments to provide information or answer questions, or to whom City representatives may
refer questions and comments from the public or others.
4. The following City departments will be provided with copies of the Special Event permit
application for their review and comment: City Manager, Special Events Coordinator, Police,
Fire, Inspection Services, Public Works, Parks, Transportation, and Legal. Additional City
officials may need to review the application as may be warranted by the specific circumstances
of the event. In addition, a copy of the Special Event permit application will be provided to the
Winnebago County Health Department for their review. The Special Events Coordinator and
City departments shall notify the City Manager that they recommend the approval or denial of
the Special Event permit as requested, approval of the permit contingent upon changes or
modifications of the original request, or take no position on the application. At the time each
City department comments upon an application, they shall also provide the City Manager with
their best estimate of the cost of extraordinary services which may be necessary for the event.
5. The approval of any Special Event permit application shall always be conditioned upon the
approval of all other necessary permits, licenses, and inspections by City departments, in
addition to Common Council approval of the Special Event permit.
6. Special Event permits shall not be transferred or assigned without approval of the Common
Council. Special Event permits are automatically revoked at the time of transfer or assignment
without prior approval of the Council.
B. March and Public Assembly Permits
It shall be the policy of the City of Oshkosh to review permit applications for Marches and Public
Assemblies solely on the basis of their effect on the Health, Safety, and Welfare of the community.
The City does not discriminate against any particular group or type of speech expected to be
present when reviewing and acting upon any March and/or Public Assembly permit application.
1. Completed written applications for any March or Public Assembly permit along with the
application fee shall be filed with the Special Events Coordinator a minimum of five (5)
business days prior to the proposed March or Public Assembly. Applications shall be on the
form approved by the City and signed by the person or authorized representative of the entity
organizing the March or Public Assembly. In lieu of the application fee, the event organizer
may submit with the application form a request that the fee be waived and provide in detail
the reasons for financial hardship and any other reasons for such request.
City of Oshkosh Municipal Codes
Revised 02/26/2019
City of Oshkosh Chapter 5 – Page 10 Municipal Codes
2. The Chief of Police, or designee within the Police Department, shall have the authority to take
all necessary action regarding the March or Public Assembly permit application, including
the approval or denial of the application. Applications shall be reviewed and approved as
submitted, denied as submitted, approved with conditions, or tentatively approved within
two (2) business days after the application is submitted.
3. Tentative City approval may be given within the response period for circumstances which
involve property or right of way controlled by other persons or governmental entities, such
as circumstances involving right of way or property controlled by the State of Wisconsin.
4. During the review of the application, the Chief of Police may consult with all persons
reasonably necessary and available for such consultation, including the event organizers and
all other persons, entities, agencies, and governmental officials deemed necessary by the Chief
in order to make an informed decision regarding the application’s effect upon the health,
safety, and welfare of the community.
5. March and Public Assembly permit applications shall be reviewed for their effect upon traffic
control, public safety, as well as other considerations affecting the public health, safety and
welfare including the date, time, location and/or route, police and fire protection necessary,
and sanitation provisions required. The application review will also include analysis of the
organizer’s plans to reasonably ensure that participants/attendees will also comply with all
applicable laws.
6. The City’s decision related to March and Public Assembly permit applications shall include a
requirement that the application fee be paid or that the fee is waived, a requirement that the
costs for Extraordinary Services be paid by the organizer(s) or that the costs are waived, and
a requirement that any other condition(s) allowed by law and which are necessary to ensure
the health, safety, and welfare of the community shall be incorporated into the terms of any
approved permit.
7. In those circumstances in which it is determined that costs for Extraordinary Services shall be
paid by the organizer(s), the Chief of Police shall have the authority to require that some or
all of the estimated costs for such services be paid to the City in advance or deposited in an
approved escrow account for the purpose of paying for such costs, or to require that another
form of security be submitted by the organizer(s) for the purpose of paying for such costs.
8. Before any March or Public Assembly permit is denied in whole or in part, the Chief of Police
shall make all reasonable efforts to discuss with the applicant the proposed event and its effect
upon the public safety, and shall provide or suggest to the applicant reasonable alternative
dates, times, locations, or other terms, conditions, and parameters of the March or Public
Assembly, to the extent that any such alternatives, terms, or conditions may be reasonably
carried out while protecting the public’s health, safety, and welfare.
City of Oshkosh Municipal Codes
Revised 02/26/2019
City of Oshkosh Chapter 5 – Page 11 Municipal Codes
9. Any applicant seeking to appeal the decision of the Chief of Police shall make such appeal, in
writing, to the City Manager, or designee. The City Manager, or designee, shall meet with
the Chief of Police and the applicant within three (3) business days after receiving an appeal.
Legal counsel and other persons with relevant factual information may participate in this
appeal meeting. The City Manager, or designee, shall provide the parties with an oral
decision at the conclusion of the meeting. A written decision may be requested by either the
applicant or the Chief of Police, and shall be made available by the City Manager as soon as
practicable.
10. An applicant may appeal the decision of the City Manager, or designee, to the Common
Council by filing a notice of appeal with the City Clerk. The Clerk shall place this issue on
the agenda for the next regularly scheduled Council meeting in which legally required notice
may be provided to the public.
11. The Council may affirm, reverse, or modify the determination of the City Manager, or
designee, at the conclusion of the agenda item and after all interested persons have had an
opportunity to be heard at the noticed public meeting.
12. Any applicant aggrieved by the decision of the Common Council may seek such other legal
relief as may be available.
V. REGULATIONS
Special Event permit applications shall address the following issues and attach additional supporting
material if necessary. A summary of required information follows, and more specific requirements can
be obtained from City departments when planning the event and seeking City approval.
A. Duration and hours of Operation: The Special Event application shall specify the specific days
upon which the event shall occur or, in the case of seasonal or recurring events, the days within
the season or period within the calendar year upon which the event will occur. No Special Event
shall be open to the public except between the hours of 8:00 a.m. and 11:00 p.m., unless such other
hours of operation are specifically approved by the Council. The permit application shall also
specify the hours during which pre-event and post-event takedown operations will occur, and no
such pre-event and post-event activities may be conducted other than as specified.
B. Maximum Attendance: A Special Event permit application shall specify the maximum daily peak
number of people reasonably expected to attend.
C. Parking: A Special Event permit application shall include a plan identifying areas that may be
reasonably expected to be utilized by event participants for off-street and on-street parking. The
applicant shall take all reasonable precautions to minimize adverse effects on the neighborhoods
that will be directly affected by parking and traffic related to the event. The police department
City of Oshkosh Municipal Codes
Revised 02/26/2019
City of Oshkosh Chapter 5 – Page 12 Municipal Codes
shall post temporary parking-related regulations on public streets for the Special Event only if it
is determined to be necessary by the Police Chief for public safety or as may be directed by the
Common Council within a permit approval process.
D. Sanitary facilities and Potable Water: All sanitary facilities and potable water facilities shall be
provided for as required in the applicable codes.
E. Illumination: If the Special Event is to continue during hours of darkness, it shall comply with
all applicable codes related to illumination.
F. Security: The Special Event applicant shall work with the Oshkosh Police Department to ensure
that appropriate security and safety is provided for the event. The Police Department may be
required, at its discretion, to be directly involved in the Special Event, with the costs of any
Extraordinary Services to be borne by the Special Event applicant if required by the Common
Council.
G. Fire Dept. Protection: All fire protection applicable to the Special Event activities on the premises,
shall be provided by the applicant as required by the municipal Fire Prevention Code and the
Wisconsin Administrative Code, including alarms, extinguishing devices, fire lanes, and fire
escapes.
H. Compliance with other Code Provisions: No Special Event shall be held unless all necessary
municipal permits, licenses, and approvals applicable to the activities to be held during the
Special Event have been issued.
I. Refuse Removal: The Special Event sponsor shall be responsible for taking all reasonable efforts
to pick up litter and refuse during the event, and for removing all litter and refuse created during
the event within twenty-four (24) hours after the conclusion of the event. The event organizer is
responsible not only for the event grounds, but will also take all reasonable measures for the
removal of litter and refuse attributable to the event from the surrounding neighborhoods and
properties.
J. Notification: The Special Event organizer may be required by the City to provide reasonable
advance notice to residents and/or businesses, or to neighborhoods if individual notice is
impractical, who may be expected to experience a substantial traffic and/or noise impact from the
event.
K. Barricades: Barricades shall be required for street closures or pursuant to a security plan.
Barricades may be available for rent from the City or from private companies with the costs of
any Extraordinary Services to be borne by the Special Event applicant. All barricades used for
the Special Event shall meet the standards as set forth in the Manual on Uniform Traffic Control
Devices (MUTCD), unless they are manned barricades.
VI. APPLICATION REVIEW:
City of Oshkosh Municipal Codes
Revised 02/26/2019
City of Oshkosh Chapter 5 – Page 13 Municipal Codes
A. Applications for Special Event permits shall be processed in the order of their receipt. Persons or
groups holding an approved Special Event may reserve dates for the event to be held the
following year provided they submit to the City Special Events Coordinator notification of their
intent to hold the event, the date(s) on which the event is expected to be held, and the application
fee within sixty (60) days after the end of the Special Event. This notice and fee will reserve the
dates identified until the formal application is submitted, or the notice of intent is withdrawn,
and will have priority over any other applications received. Dates will not be reserved if an
application also includes a request to waive the application fee. Unless the City receives a
notification of intent to hold an event as described above, the use of City property and allocation
of City resources shall be based upon the applications as they are received without regard to
events that may have been held in previous years. Recurring events with separate agreements
approved by the Council will have priority over the above reservations for the reservation of
dates and the allocation of City services.
B. Upon receiving an application for a Special Events permit, the City Manager may schedule a
meeting or meetings involving the applicant, any of the affected City departments, the public,
and/or other interested persons or officials. Meetings will be scheduled at the discretion of the
City Manager based upon the circumstances of the Special Event. The purpose of the meeting
will be to discuss the Special Event and its potential impacts, the City services requested, and the
City services which may be required. Such a meeting will be held as soon as practical after the
application has been submitted.
C. As soon as practical after the Special Event permit application is submitted, the City Manager
shall provide a recommendation to the Common Council regarding the Special Event permit
application. Potential recommendations may include: (1) the permit be issued as requested and
without conditions; (2) the permit be denied; or, (3) the permit be approved subject to certain
conditions deemed reasonable and necessary by the City Manager. The City Manager may also
recommend to the Council that the permit fee be waived, that the costs for Extraordinary Services
anticipated by the City to be necessary should be recouped from the event sponsor(s) or that the
costs for Extraordinary Services provided should be waived. The Common Council shall
approve or deny Special Event permit applications, place conditions upon any permit, require
that the permit fee be paid or waived, and require that some or all of the costs incurred by the
City for providing Extraordinary Services be reimbursed or that such costs will be waived.
D. To the extent permitted by law, the Common Council may deny an application for a permit if the
applicant has on prior occasions made material misrepresentations regarding the nature or scope
of any event or activity previously permitted, has held prior special events without proper
permitting or licensing, or has violated the terms of a prior permit issued to or on behalf of the
applicant. Additionally, a prior experience of the applicant in holding any event, or in holding
the Special Event which is the subject of the application, will be considered and may impact the
issuance of Special Event permits. A permit may be denied, or conditions placed thereon, based
upon considerations of the health, safety, and welfare of the community, and of the anticipated
costs of holding such event. Additionally, the Common Council may base their decision on one
or more of the following grounds:
City of Oshkosh Municipal Codes
Revised 02/26/2019
City of Oshkosh Chapter 5 – Page 14 Municipal Codes
1. The application is not fully completed and/or fails to include necessary attachments;
2. The applicant asserts that they cannot or will not pay the application fee* and the Council
determines that such fee should not be waived;
3. The applicant asserts that they cannot or will not pay the cost for Extraordinary Services and
the Council determines that such costs should not be waived.
4. The application for permit contains a material falsehood or misrepresentation;
5. The applicant is not legally competent to sign a contract, or to be held responsible for its
actions;
6. The applicant has, on prior occasions, been required to pay for Extraordinary Expenses or
damages to City property and has not paid in full for such expenses or damages;
7. A Special Event permit application for the same time and place, or utilizing extraordinary
City resources, has previously been received, and a permit for such previous application
has been or will be granted which will authorize uses or activities which does not reasonably
permit the multiple occupancy of City facilities or would result in a utilization of City
resources which would adversely affect the health, safety, and welfare of the community;
8. The Special Event use or activities intended by the applicant would conflict with previously
planned events and programs which have been organized by others either through the use
of City facilities or the unavailability of sufficient City resources for the proposed event;
9. The intended Special Event use or activity would present a grave or unreasonable danger to
the health or safety of the persons expected to participate in the event, the neighborhood in
which the event will occur, the community as a whole, or City property and resources
required to be involved with the proposed event;
10. The number of persons expected to participate in the Special Event would result in a
concentration of persons, vehicles, or things which cannot be supported at the requested
time or location due to a lack of sufficient open area, streets, offsite parking, or traffic
controls.
11. Activities reasonably expected to occur at the intended Special Event are prohibited by law.
12. The City’s anticipated costs associated with the event including, but not limited to,
extraordinary expenses, exceed the anticipated benefit of the event to the community.
Council may consider all relevant information in making this determination including, but
not limited to, those criteria identified in Sub-section VI. D. of this Section.
13. It is reasonably anticipated that the Special Event use or activities intended by the applicant
City of Oshkosh Municipal Codes
Revised 02/26/2019
City of Oshkosh Chapter 5 – Page 15 Municipal Codes
will materially interfere with individuals or the general community’s use of public property
or public rights-of-way in such a manner or for a length of time to exceed the anticipated
benefit of the event to the community. Council may consider all relevant information in
making this determination including, but not limited to, those criteria identified in Sub-
section VI. D. of this Section.
E. Amendment or Revisions of Applications. Any amendment or revision of any permit application
shall, for purposes of determining the priority of the application, relate back to the original filing
thereof unless the original filing is unreasonably incomplete or lacking sufficient information to
allow for an adequate review of the proposed event.
F. Mapped Routes and Alterations of Mapped Routes. Routes for Special Events such as parades
must be submitted with the permit application. Proposed Routes may be altered at the discretion
of the City in the interests of the health, safety, and welfare of the community. Any deviation
from the approved route without approval of the City will constitute a violation of the permit
conditions and of these requirements. Additionally, unapproved changes may result in the denial
of future Special Event permit applications.
VII. FEES AND REIMBURSEMENT SCHEDULE
A non-refundable application fee is required for all Special Event, March, and Public Assembly permit
applications. Permit applications may include a request to waive the application fee. However, permits
shall not be issued unless the fee is paid or it is specifically waived by the Council. The permit application
fees identified herein are separate from other specific fees or licenses required, and separate from any
requirement to reimburse the City for the actual cost of any Extraordinary Services required for the
permitted event, or for damage or destruction resulting from the event.
A. Permit Fees:
1. Special Event, March, and Public Assembly Permits (non-refundable)
a. Single day event $25.00
b. Multiple day event (consecutive or recurring) $35.00
2. All other required charges and/or fees, including but not limited to facility rental, food and
beverage sale permits, temporary structure fees, and equipment rental fees, etc., must be paid
in addition to the permit application fee. Submittal of a permit application does not reserve
a park or any other City facility, property, or services necessary for the event.
3. Applicants for Special Events, March, or Public Assembly permits may include in their initial
submission a request that the permit administrative fee be waived due to substantial financial
hardship.
City of Oshkosh Municipal Codes
Revised 02/26/2019
City of Oshkosh Chapter 5 – Page 16 Municipal Codes
4. Application fees shall be effective for Special Events, Marches and Public Assemblies occurring
on and after January 1, 2017.
B. Extraordinary Services Charges
The Common Council shall approve by Resolution each year a list of standard fees and charges
which will be used to determine the amount of charges attributed to Extraordinary Services
provided to Special Events by the City. The Resolution may provide for standard hourly charges
or flat fee charges for services provided, and may specify tasks that may or may not be subject to
Extraordinary Service charges.
C. Extraordinary Services Reimbursement:
1. Special Events
a. For those Special Events in which costs for Extraordinary Services are not waived by the
Common Council, event organizers shall be liable for and shall pay to the City the actual
cost of all Extraordinary Services provided by the City. If the Special Event has more than
one person or entity organizer, then each of the organizers are liable to the City for the
total amount due, regardless of how the multiple organizers may separately agree to
divide these expenses. If the City is a co-organizer of a Special Event, the cost of the
Extraordinary Services the City is responsible for will be based upon the level of City
involvement, and that amount shall be deducted from the total cost for the Extraordinary
Services provided by the City. The costs for Extraordinary Services charged to event
organizers shall not exceed the actual costs of providing these services. This fee shall be
paid to the City within thirty (30) days of the date an itemized invoice for the same is
prepared and mailed by the City at the conclusion of the Special Event.
b. Prior to any approval of a Special Event permit, the Special Events Coordinator, Police
and Fire Departments, along with all other departments potentially affected by the
proposed Special Event, shall review the application and report to the City Manager their
respective findings as to an estimate of the costs reasonably expected to be incurred by
the City for providing Extraordinary Services at or for the Special Event. The application
shall be required to provide enough detail to allow the City departments and to determine
the level of Extraordinary Services required and their associated costs for the Special
Event. The estimates provided by City departments shall provide enough detail to allow
the event organizer to reasonably understand the Extraordinary Services that are expected
to be necessary.
c. After reviewing the findings of the City departments, the City Manager may recommend
to the Common Council that conditions relating to advance payment or reimbursement
of the costs for Extraordinary Services be placed upon the Special Event permit if
approved. Alternatively, the City Manager may recommend that payment or
reimbursement of some or all of the costs for Extraordinary Services to be provided be
waived.
City of Oshkosh Municipal Codes
Revised 02/26/2019
City of Oshkosh Chapter 5 – Page 17 Municipal Codes
d. The Common Council shall address the issue of Extraordinary Services before or at the
time it takes action on a Special Event permit application. The Council may address the
issue of Extraordinary Services through one or more of the following actions:
i. The Council may require that event organizers pay all actual costs for Extraordinary
Services provided by the City for the event, with the total costs incurred to be mailed
via invoice to the organizer(s) within thirty (30) days after the conclusion of the event.
ii. The Council may require the event organizer(s) pay less than the actual costs for
Extraordinary Services provided by the City in an amount to be determined by the
Council depending upon the unique circumstances of the event, with the remaining
actual costs to be waived. Any amounts required to be paid shall be mailed via invoice
to the organizer(s) within thirty (30) days after the conclusion of the event.
iii. The Council may waive all costs for Extraordinary Services provided by the City for
the event.
iv. In the event that the Council requires that the event organizer(s) pay some or all of the
costs for Extraordinary Services provided by the City for the event, then the Council
may require that funds be placed in escrow, or other necessary security be provided,
before the permit is issued. The amount of the cash deposit or other security shall be
based upon the cost estimate of the Extraordinary Services which may be incurred.
The Special Events permit shall not be issued until the event organizer(s) have
complied with any requirements for security.
v. Security for the estimated costs of Extraordinary Services may be in the form of a cash
deposit in an escrow account, bond, letter of credit, or similar instrument, with the
type and form of the instrument to be at the discretion of the City.
vi. If the actual costs for Extraordinary Services exceeds the security provided and has
not otherwise been waived by the Council, then the difference shall be billed to and
paid by the event organizer(s). If the actual costs for Extraordinary Services provided
is less than the amount of funds deposited in advance of the event, then any unused
amounts must be returned to the event organizer(s) within a reasonable time after the
event concludes. Any other security instrument must be either used or released by
the City within a reasonable time after the conclusion of the event
2. Marches and Public Assemblies
The City, through the Chief of Police, shall address the issue of costs for Extraordinary
Services before or at the time final action is taken on a March and Public Assembly permit
application. Extraordinary Services will generally consist of vehicular and pedestrian traffic
control and of efforts to ensure the safety of persons and property in crowded and/or
potentially volatile situations.
City of Oshkosh Municipal Codes
Revised 02/26/2019
City of Oshkosh Chapter 5 – Page 18 Municipal Codes
a. The City may require that event organizers pay all costs for Extraordinary Services
provided by the City for the event, with the total costs incurred to be mailed via invoice
to the organizer(s) within thirty (30) days after the conclusion of the event.
b. The City may require the event organizer(s) pay less than the costs for Extraordinary
Services provided by the City in an amount to be determined by the Chief of Police
depending upon the unique circumstances of the event, with the remaining actual costs
to be waived. Any amounts required to be paid shall be mailed via invoice to the
organizer(s) within thirty (30) days after the conclusion of the event.
c. The City may waive all costs for Extraordinary Services provided for the event.
d. In the event that the City requires that the event organizer(s) pay some or all of the costs
for Extraordinary Services provided by the City for the event, then the City may require
that funds be placed in escrow, or other necessary security be provided, before the permit
is issued. The amount of the cash deposit or other security shall be based upon the cost
estimate of the Extraordinary Services which may be incurred. The Special Events permit
shall not be issued until the event organizer(s) have complied with any requirements for
security.
e. Security for the estimated costs of Extraordinary Services may be in the form of a cash
deposit in an escrow account, bond, letter of credit, or similar instrument, with the type
and form of the instrument to be at the discretion of the City.
f. If the actual costs for Extraordinary Services provided exceed the security and has not
been waived by the Chief of Police, then the difference shall be billed to and paid by the
event organizer(s). If the actual costs for Extraordinary Services provided is less than the
amount of funds deposited in advance of the event, then any unused amounts must be
returned to the event organizer(s) within a reasonable time after the event concludes. Any
other security instrument must be either used or released by the City within a reasonable
time after the conclusion of the event.
D. Considerations for Reviewing Application Fees* and/or Extraordinary Costs
The Common Council will review applications for waivers of application fees, as well as
recommendations from the City Manager relating to the assessment or waiver of City costs for
providing Extraordinary Services based upon relevant and lawful criteria. The Council should
at a minimum consider the following criteria for making these determinations, as well as other
criteria which may be relevant on a case by case basis. As each Special Event is different, the
Council may place different weight on different criteria in each circumstance and therefore the
following list does not set any priorities for any particular event.
1. The Special Event’s benefit to the quality of life to the City as a whole;
2. The Special Event’s financial benefit to the City as a whole;
City of Oshkosh Municipal Codes
Revised 02/26/2019
City of Oshkosh Chapter 5 – Page 19 Municipal Codes
3. The Special Event is of interest to a smaller segment of the City’s population which the City
seeks to encourage;
4. The tradition of the event in the City;
5. The cultural and/or historical significance of the Special Event;
6. Whether or not the Special Event provides services or functions that are traditionally
organized or sponsored by other Cities or governments;
7. Whether or not the Special Event organizers are making good faith efforts to minimize
adverse effects on the health, safety, and welfare of the community and as a result
minimizing the need for City employee involvement;
8. The effect of the Special Events on the neighborhood(s) surrounding the site of the event;
9. The financial burden the Special Event places on the City’s taxpayers as a whole;
10. The financial condition of the event organizer(s).
VIII. INDEMNIFICATION AND HOLD HARMLESS
Organizers of Special Events, Marches, and Public Assemblies shall be required to sign an agreement in
a form acceptable to the City in which they agree to indemnify the City of Oshkosh, and its departments,
and hold the City and its departments, employees, and agents, harmless from any liability to any person
resulting from any damage or injury to property or any person which occurs in connection with the
permitted event proximately caused by the any actions or inactions of the event’s organizer, their officers,
employees, or agents, or any person under their control insofar as permitted by law.
IX. INSURANCE
All Special Event organizers shall procure at their expense, a policy of insurance subject to the City’s
minimum requirements for Special Events.
The insurance required by the City of Oshkosh is primary coverage for incidents which may occur on
City property or to City employees during the event, and any insurance or self insurance maintained by
the City of Oshkosh, its officers, council members, agents, employees or authorized volunteers will not
contribute to a loss. All insurance shall be in full force prior to commencing the event and remain in
force throughout the entire event, including the clean up period after the event.
The certificate of insurance shall be satisfactory proof of insurance of said policies and shall be filed at
the office of the Special Events Coordinator for the City of Oshkosh a minimum of thirty (30) days prior
to the scheduled event.
A copy of the certificate of insurance may be accepted by facsimile transmission or an email attachment
with the original to be received no later than ten (10) days prior to the event. The event shall not be
allowed to proceed without submission of insurance documentation. The City’s act of receiving and
retaining proof of insurance information without comment shall not be considered acceptance, waiver,
or modification of any term or requirement herein, or any applicable law.
X. EVENT CANCELLATION
City of Oshkosh Municipal Codes
Revised 02/26/2019
City of Oshkosh Chapter 5 – Page 20 Municipal Codes
The City Manager in the case of a Special Event, or the Chief of Police in the case of a March or Public
Assembly, may cancel a Special Event, March, or Public Assembly, regardless of whether or not a permit
has been issued, without prior notice for any significant change in conditions which would or may
adversely affecting the public health or safety of the community, or for any condition that would place
facilities, grounds, or other nature resources at risk of damage or destruction if the event were permitted
to take place.
XI. PENALTIES
In addition to other potential fines, penalties, and/or charges as described in the Oshkosh Municipal
Code, the violation of the terms of the Special Event, March, or Public Assembly permit shall be
punishable by forfeiture of not less than $500.00 and not more than $1,000.00. Each day of violation shall
be considered a separate offense. In addition, the City may enforce this section by way of immediately
revoking the permit, seeking injunctive relief, and all other remedies available at law and in equity.
The penalties set forth herein shall also apply to all persons, organizations, and entities that organize
events which are required to obtain a Special Event permit but fail or refuse to do so. If any person
violates any provision of this Ordinance, the City shall have the authority to institute the appropriate
legal action or proceedings to ensure compliance and to thereby prohibit such person from violating
these conditions.
The failure to obtain a Special Event permit before holding or conducting a Special Event, or the failure
to abide by Special Event, March, or Public Assembly permit requirements, will constitute a violation of
this section and may result in the termination of the event, denial of future permit applications, or
issuance of a City Ordinance citation.
XII. SEVERABILITY
If any provision of this Ordinance or application thereof to any person or circumstances be held invalid,
the remainder of this Ordinance and the application of such provision to other persons or circumstances
shall not be affected. The City of Oshkosh reserves the right to amend or repeal this Ordinance at any
time upon proper notice; and all rights, privileges and immunities conferred by this Ordinance or by acts
done pursuant hereto shall exists subject to such power.
SECTIONS 5-19 TO 5-26 RESERVED
ARTICLE IV. RESERVED
SECTION 5-27 RESERVED
SECTION 5-28 RESERVED
SECTION 5-29 RESERVED
SECTION 5-30 RESERVED
City of Oshkosh Municipal Codes
Revised 02/26/2019
City of Oshkosh Chapter 5 – Page 21 Municipal Codes
SECTION 5-31 RESERVED
SECTION 5-32 RESERVED
ARTICLE V. MINIATURE GOLF COURSES
SECTION 5-33 LICENSE REQUIRED
No person, firm or corporation shall operate any miniature golf grounds or any other similar place of
amusement within the City without first having obtained a license as hereinafter provided.
SECTION 5-34 APPLICATION; FEE; TERM
Application for such license shall be made to the City Clerk and shall be accompanied by a license fee of
Five Dollars ($5.00). The application shall be thereafter acted upon by the Council who may grant or
refuse such license in their discretion. The term of this license shall be for one (l) year, expiring on
December 31.
SECTION 5-35 CLOSING HOURS
No license shall keep open his place of business between the hours of eleven thirty (11:30) o'clock p.m.
and eight (8:00) o'clock a.m. All licensees shall conduct their places of business in an orderly and quiet
manner. No licensee shall permit his place of business to be illuminated more than thirty (30) minutes
after the closing time herein provided.
ARTICLE VI. MECHANICAL ENTERTAINMENT DEVICES
SECTION 5-36 LICENSE REQUIRED
No person, firm or corporation shall operate any device, machine or contrivance for entertainment which
is operated by the placing of a coin in said instrument or in any mechanism connected thereto, or by in
any manner paying the owner or operator thereof a fee or charge of any kind, without first obtaining a
license as herein provided.
SECTION 5-37 ISSUANCE OF LICENSE; FEE
The City Clerk shall issue licenses to persons applying therefor for the operation of a mechanical or
electrical entertainment device, or any device or machine mentioned in Section 5-36 above, upon
payment of an annual license fee of Twenty Dollars ($20.00). Said licenses shall be valid for a period of
Commented [LL3]: Moved to Chapter 8 Licenses,
no change
Commented [LL4]: Moved to Chapter 8 Licenses,
no change
City of Oshkosh Municipal Codes
Revised 02/26/2019
City of Oshkosh Chapter 5 – Page 22 Municipal Codes
one (1) year from the 1st day of July, unless sooner revoked as herein provided. Radio and television
sets placed in hospitals or other charitable institutions are exempt from the license fee provided herein.
SECTION 5-38 HOURS RESTRICTED
No person, firm or corporation shall operate or permit to be operated at any restaurant, soft drink parlor,
ice cream parlor, or other place where merchandise of any kind including liquor or fermented malt
beverage is sold, any electrical, or mechanical contrivance or device capable of emitting sound for
entertainment purposes, except during such hours as said establishment is legally open for business,
providing, however, that any such licensee may lose the privilege of operating between the hours of one
(l:00) o'clock a.m. and eight (8:00) o'clock a.m. or such license, upon the filing of a written complaint with
the City Clerk and after a public hearing thereof before the Common Council and notice of such public
hearing given to the licensee.
ARTICLE VII. PENALTIES
SECTION 5-39 PENALTIES.
Any person who shall violate any of the provisions of this Chapter or of any Section thereof, shall upon
conviction thereof, be punished by a forfeiture of not less than $75.00 nor more than $500.00, together
with the costs of prosecution, and in default of payment thereof, by imprisonment in the County Jail for
a period not to exceed sixty (60) days. Each day of violation shall constitute a separate offense.
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 1 Municipal Codes
CHAPTER 8
LICENSES AND PERMITS
ARTICLE I. IN GENERAL
SECTION 8-1 GENERAL RULES
ARTICLE II. SHORT TERM RENTALS
SECTION 8-1.2 SHORT TERM RENTALS
ARTICLE III. REGISTRATION OF ENTERTAINERS
SECTION 8-2 REGULATION OF ESCORT SERVICES
ARTICLE IV. COMMERCIAL QUADRICYCLES
SECTION 8-5 REGULATION OF COMMERCIAL QUADRICYCLES
ARTICLE V. MURALS
SECTION 8-10 MURALS
ARTICLE VI. AMBULANCE AND MEDICAL TRANSPORT SERVICES
8-20 AMBULANCE AND MEDICAL TRANSPORT SERVICES
ARTICLE VII. MOBILE VENDING
SECTION 8-43 REGULATION OF MOBILE VENDORS
ARTICLE VIII. DIRECT SELLERS AND SOLICITORS
SECTION 8-45 INTENT OF REGULATIONS
SECTION 8-47 DEFINITIONS
SECTION 8-50 REGULATIONS
SECTION 8-55 SEVERANCE CLAUSE
ARTICLE IX. PAWNBROKERS AND SECONDHAND ARTICLE AND SECONDHAND
JEWELRY DEALERS
SECTION 8-62 STATE STATUTES ADOPTED
SECTION 8-63 LICENSE REQUIRED
SECTION 8-63.1 DEFINITIONS
SECTION 8-64 PROPERTY TRANSACTION RECORDS
SECTION 8-65 HOLDING PERIODS
SECTION 8-66 MINORS
SECTION 8-67 COINS, CURRENCY, AND BULLION
SECTION 8-67.1 RIGHT TO INSPECT
SECTION 8-68 PENALTIES
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 2 Municipal Codes
ARTICLE X. JUNK YARDS
SECTION 8-45 LICENSE REQUIRED
SECTION 8-46 APPLICATION FOR LICENSE
SECTION 8-47 LICENSE FEE; TERM
SECTION 8-48 LOCATION RESTRICTED
SECTION 8-49 INSPECTION AND INVESTIGATION
SECTION 8-50 REVOCATION OF LICENSE
SECTION 8-51 SANITARY CONDITION REQUIRED
SECTION 8-52 HEIGHT LIMIT ON JUNK PILES
SECTION 8-53 RESTRICTION ON DISMANTLING
ARTICLE XI. AMUSEMENTS LICENSES
SECTION 8-90 BILLIARDS, POOL AND BOWLING ALLEYS
SECTION 8-91 MINIATURE GOLF COURSES
SECTION 8-92 MECHANICAL ENTERTAINMENT DEVICES
SECTION 8-93 CIGARETTE SALES.
ARTICLE XII. PENALTIES
SECTION 8-106 PENALTIES
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 3 Municipal Codes
ARTICLE I. IN GENERAL
SECTION 8-1 GENERAL RULES
Except as may be specifically provided in connection with a license or permit within this Chapter or by
State Statute the following general rules shall apply:
(A) All licenses and permits issued under the provisions of this Chapter shall be valid only
for the purpose and person/business to whom issued. Licenses shall not be transferable except
as explicitly provided within this Chapter or State Statutes.
(B) Unless otherwise specifically provided, the license year for licenses granted under the
provisions of this chapter shall begin on July 1st in each year and end on June 30 th in the
following year. There shall be no proration of the fee for licenses issued during the license year.
(C) Licenses and permits required within the City may be granted or renewed but shall not be issued for
any premises for which taxes, assessments, or special charges are delinquent and unpaid nor to any
person who is delinquent in the payment of taxes, assessments or special charges related to the business
or property for which the license or permit is sought in compliance with the provisions of Chapter 3 of
this Municipal Code.
(D) Licenses and permits may be suspended or revoked violations of this Chapter or State Statutes upon
written complaint filed with the City Clerk and after a public hearing before the Common Council. Not
less than 10 business days prior to the public hearing the City Clerk shall cause written notice thereof to
be served by personal service or certified mail upon the license or permit holder.
ARTICLE I. SHORT TERM RENTALS
SECTION 8-1 SHORT TERM RENTALS
(A) Purpose.
The purpose of this Article is to ensure that the quality of short-term rentals operating within the
City is adequate for protecting public health, safety and general welfare, including establishing
minimum standards of space for human occupancy and for an adequate level of maintenance;
determining the responsibilities of owners, operators and property managers offering these
properties for tourists or transient occupants, to protect the character and stability of all areas,
especially residential areas, within the City of Oshkosh; to provide minimum standards necessary
for the health and safety of persons occupying or using buildings, structures or premises; and
provisions for the administration and enforcement thereof.
(B) Definitions.
(1) For the purpose of administering and enforcing this Article, the terms or words used herein
shall be interpreted as follows:
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 4 Municipal Codes
(a) Words used in the present tense include the future.
(b) Words in the singular number include the plural number.
(c) Words in the plural number include the singular number.
(2) The following definitions and conditions apply unless specifically modified:
Department of Community Development. The City Department of Community Development of the
City of Oshkosh or designee.
Corporate Entity: A corporation, partnership, limited liability company, or sole proprietorship
licensed to conduct business in this state.
Dwelling Unit: One (1) or more rooms with provisions for living, cooking, sanitary, and sleeping
facilities and a bathroom arranged for exclusive use by one (1) person or one (1) family. Dwelling
Units include residential, tourist rooming house, seasonal employee housing and dormitory
units.
License. The Short-Term Rental License issued under 8-1.2
Owner. The owner of a short-term rental.
Person. Shall include a corporation, firm, partnership, association, organization and any other
group acting as a unit as well as individuals, including a personal representative, receiver or other
representative appointed according to law. Whenever the word person is used in any section of
this Article prescribing a penalty or fine, as to partnerships or associations, the word shall include
the partners or members hereof, and as to corporations, shall include the officers, agents or
members thereof who are responsible for any violation of such section.
Resident Agent. Any person appointed by the owner of a short-term rental to act as agent on behalf
of the owner.
Short Term Rental. A residential dwelling unit that is offered for rent for a fee and for fewer than
29 consecutive days, as defined in Wis. Stat. Sec. 66.0615 (1)(dk).
State. The State of Wisconsin Department of Health, or its designee.
(C) Operation of Short-Term Rentals.
(1) No person may maintain, manage, or operate a short-term rental more than 16 nights each year
without a short-term rental license. Every short-term rental shall be operated by a Property
Owner or a Resident Agent
(2) Each short-term rental is required to have the following licenses and permits:
(a) A Winnebago County Tourist Rooming House License or Winnebago County Bed and
Breakfast License;
(b) A Seller’s Permit, if required by the Wisconsin Department of Revenue;
(c) A Room Tax Permit; and
(d) A permit or license issued pursuant to the provisions of this Article.
(3) Each short-term rental shall comply with all of the following:
(a) The total number of days within any consecutive 365-day period that the dwelling
may be rented shall not exceed 180 days.
(b) No vehicular traffic shall be generated that is greater than normally expected in the
residential neighborhood.
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 5 Municipal Codes
(c) There shall not be excessive noise, fumes, glare, vibrations generated during the use.
(d) Name plates or other signage shall not exceed zoning code allowances for Building
Management Identification Sign. No other signage advertising the short-term rental is
permitted on site. Off-site advertising in media channels relating to the availability of
the rental may take place only after all City, County and State permits and licenses
have been obtained.
(e) The number of occupants in any unit shall not exceed the limits set forth in the State
of Wisconsin Uniform Dwelling Code and other applicable county and City housing
regulations based upon the number of bedrooms in each unit.
(f) No recreational vehicles (RVs), camper, tent, or other temporary lodging arrangement
shall be permitted on site as a means of providing additional accommodations for
paying guests or other invitees.
(g) Any outdoor event held at the short-term rental shall last no longer than one day
occurring between the hours of 8:00 a.m. and 10:00 p.m. Any activities shall be in
compliance with other noise regulations of the City.
(h) All rentals of the short-term rental shall be subject to payment of the City of Oshkosh
room tax at the current applicable rate. Permit holders are responsible for complying
the City’s Room Tax and Permit Regulations.
(i) Compliance with all state, county, and local regulations is required.
(j) A short-term rental license will not be issued until the following contingencies have
been met:
(1) County health department inspection completed and license issued;
(k) Short-term rental licenses are issued for one year period and must be renewed
annually subject to City approval or denial.
(D) Short-Term Rental License.
(1) The Department of Community Development shall issue a short-term rental license to all
applicants following the approval of an application and the filing of all documents and records
required under this Article. The application shall also contain the following information:
(a) Identify the Property Owner;
(b) Identify the Resident Agent with contact information;
(c) The maximum occupancy for the premises;
(d) The license term;
(e) State lodging license number, if any; and
(f) Contact information for the City.
(2) The resident agent must be authorized to allow City employees, officers and their designees, to
enter the owner’s property for purposes of inspection and enforcement of this Article and the
Municipal Code.
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 6 Municipal Codes
(E) Short-Term Rental License Procedure.
(1) All applications for a short-term rental license shall be filed with the Department of Community
Development on forms provided. Applications must be filed by the property owner or on the
owner’s behalf by the Resident Agent. No permit shall be issued unless the completed application
form is accompanied by payment of the required fee.
(2) Each application shall include the following information and documentation for each short-term
rental unit:
(a) Winnebago County License for a Tourist Rooming House License or Bed and
Breakfast License issued under Wis. Stat. Sec. 254.64;
(b) A copy of a completed State Lodging Establishment Inspection form dated within
(c) one (1) year of the date of issuance or renewal;
(d) A Seller’s Permit, if required by the Wisconsin Department of Revenue;
(e) Designation of the Resident Agent (if applicable);
(f) Certification from the owner or licensee that the property meets the requirements of
this Article;
(3) Terms and Filing date. Each permit and license shall run during a calendar year. The filing fee
shall be paid upon filing of the application. The Department of Community Development may
conditionally accept late applications, subject to payment of the late filing fee. Any application
which does not include all of the information and documentation shall not be considered as
complete.
(4) Application Review Procedure. When satisfied that the application is complete, the Department
of Community Development shall forward initial applications for permits and licenses to the
appropriate City Departments for review. If the Department of Community Development in
consultation with City staff determines that the application meets the requirements of this Article,
they may approve the application. If the Department of Community Development in consultation
with City staff determines that the application does not meet the requirements of this Article, they
may deny the application.
(F) Renewal.
(1) Each application for a renewal of a permit or license shall include updated information for the
documentation on file with the Department of Community Development and payment of the
applicable fee. The Department of Community Development shall verify that the information
provided on the renewal application is complete and in accordance with the requirements of this
Article. The Department of Community Development shall request reports from the City of
Oshkosh Police regarding any complaints received, calls for service or actions taken regarding
the short-term rental properties. The Department of Community Development shall issue
renewal licenses within thirty (30) days of the filing of the application unless the information
provided is incomplete or otherwise not in compliance with the requirements of this Article
and/or the reports from the Police Department and the Zoning Administrator indicate that there
are complaints or actions involving the property.
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 7 Municipal Codes
(2) If the Department of Community Development finds that the license or permit should not be
renewed, the Department of Community Development shall deny the renewal.
(3) No permit or license shall be renewed if the applicant or property has outstanding fees, taxes or
forfeitures owed to the City, or is under an order issued by the Building Inspector, or his designee,
to bring the premises into compliance with City ordinances, unless arrangements for payment
have been approved by the Department of Community Development.
(G) Resident Agent.
(1) All short-term rentals are required to appoint a Resident Agent for the receipt of service of notice
of violation of this Article’s provisions and for service of process pursuant to this Article. Such a
designation shall be made by the owner and shall accompany each application form. Said
applicant shall immediately notify the Department of Community Development of any change
in residence or information regarding the Resident Agent.
(2) To qualify as a Resident Agent the person must meet the following requirements:
(a) The applicant is authorized by owner to accept service of process for all City
communications, citations and orders.
(3) Each Resident Agent shall be authorized by the property owner to act as the agent for the owner
for the receipt of service of notice of violation of this Article’s provisions and for service of process
pursuant to this Article and shall be authorized by the owner to allow City employees, officers
and their designees, to enter the owner’s property for purposes of inspection and enforcement of
this Article and/or the City Municipal Code.
(H) Standards for Short-term Rentals.
(1) Each short-term rental shall comply with this Article’s requirements or any other applicable City
ordinance. Each short-term rental shall comply with the following minimum requirements:
(a) Not less than one (1) bathroom for every six (6) occupants;
(b) Not less one hundred fifty (150) square feet of floor space for the first occupant
thereof and at least an additional one hundred (100) square feet of floor space for
every additional occupant thereof; the floor space shall be calculated on the basis
of total habitable room area. Floor space is determined using interior
measurements of each room. Floor space does not include kitchens, bathrooms,
closets, garages, or rooms not meeting Uniform Dwelling Code requirements for
occupancy. The maximum occupancy for any premises without a separate
enclosed bedroom is two (2) people;
(c) Not less than one (1) onsite off-street parking spaces for every four (4) occupants
based upon maximum occupancy;
(d) A safe, unobstructed means of egress leading to safe, open space at ground level;
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 8 Municipal Codes
(e) Shall have functional smoke detectors and carbon monoxide detectors in
accordance with the requirements of Chapter SPS 362 of the Wisconsin
Administrative Code;
(f) Shall not have an accessible wood burning fireplace unless the property owner
provides a certificate from a certified HVAC / Fireplace Installer or technician,
dated not more than thirty (30) days prior to submission, certifying that the
fireplace and chimney have been inspected and are in compliance with National
Fire Prevention Association Fire Code Chapter 211 Standard for Chimneys,
Fireplaces, Vents, and Solid Fuel-Burning Appliances;
(g) Shall not have a hibachi, gas-fired grill, charcoal grill, or other similar devices used
for cooking, heating, or any other purpose on any balcony, deck or under any
overhanging structure or within ten (10) feet of any structure;
(h) Certification of compliance. As a condition of issuance of a license under this
Article, the Owner / Resident Agent shall certify that property is in compliance
with the terms and conditions of the license and this Article.
(I) Room Tax.
(1) Each short-term rental shall comply with the room tax reporting requirements of the City
Municipal Code Chapter 8-1.1
(2) All tax returns and supporting documentation filed with the Department of Community
Development are confidential and subject to the protections provided under City Municipal Code
8-1.1and Wis. Stat. Sec. 66.0615 (3) and Wis. Stat. Sec. 77.61.
(J) Display of Permit.
Each license or permit shall be displayed on the inside of the main entrance door of each short-
term rental.
(K) Appeal and License Revocation.
(1) The denial of any license or permit application or renewal under this Article may be appealed by
filing a written appeal request with the Department of Community Development within ten (10)
days of the City’s notice of denial. The appeal shall be heard by the Board of Appeals.
(2) A license may be revoked for one or more of the following reasons:
(a) For non-payment of taxes or other charges as provided under Section 8-88 of this
code;
(b) Failure to comply with the City of Oshkosh Room Tax and Permit Ordinance;
(c) Three (3) or more calls for police service, building inspection or the health
department for nuisance activities or other law violations in a twelve (12) month
period as defined in Sec. 17-38.1, Chronic Nuisance Premises;
(d) Failure to obtain all necessary county and state permits and licenses within twelve
(12) months of obtaining the City license;
(e) Failure to maintain all required local, county, and state licensing requirements;
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 9 Municipal Codes
(f) Failure to use the property as a short-term rental within twelve (12) months of
obtaining the City license;
(g) Any violation of local, county, or state laws that substantially harm or adversely
impact the predominantly residential uses and nature of the surrounding
neighborhood.
(L) Penalties.
(1) Any person who shall violate any provision of this Article shall be subject to a penalty as provided
in Chapter 8-1.06
(2) Penalties set forth in this section shall be in addition to all other remedies of injunction, abatement
or costs whether existing under this Article or otherwise.
(M) Fees.
Fees for licenses required by this Article are due and payable before issuance of a new license and
renewal license annually before January 1 of each year. All frees for these services will be listed
on the Planning Services Division fee schedule and will be established by resolution.
ARTICLE II. REGISTRATION OF ENTERTAINERS
SECTION 8-2 REGULATION OF ESCORT SERVICES
(A) DEFINITIONS. For the purposes of this Section, certain terms shall have the meanings ascribed
to them in this section, unless the context clearly indicates otherwise.
(1) “Escort” means any person who, for a fee commission, salary, hire, profit, payment or
other monetary or other valuable considerations, accompanies or offers to accompany
another person to or about social affairs, entertainments or places of amusement, or who
may consort with another person about any place of public resort or within any private
quarters.
(2) “Escort service” means service provided by any person who, for a fee commission, salary,
hire, profit, payment or other monetary or other valuable considerations, furnishes or
offers to furnish names of escorts who may accompany or offers to accompany other
persons to or about social affairs, entertainments or places of amusement, or who may
consort with others about any place of public resort or within any private quarters.
(3) “Person” means any individual and includes and applies to associations, clubs, societies,
firms, partnerships, corporations or other business ventures, and bodies politic and
corporate.
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 10 Municipal Codes
(B) LICENSE/REGISTRATION REQUIRED.
(1) No escort service shall operate or be maintained in the City without first obtaining from
the Common Council a license to operate issued as provided in this Section.
A license may be issued only for one escort service located at a fixed and certain place,
and must be displayed at all times in a space fully visible to those on the subject premises.
Any person, including partnership or corporation, which desires to operate more than one
escort service must have a license for each service.
(i) The location to be licensed under this Section shall comply with all applicable
building and zoning code provisions of this Code.
(ii) 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, for which a license is required by this Section, if otherwise
allowed, 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
Sections 15-19 or 18-9 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.
(a) No license or interest in a license may be transferred to any person,
including partnership or corporation.
(2) All operators or any person working for any escort service and any independent
contractors shall, prior to beginning employment or contracted duties, register and obtain
a photo identification card from the City Clerk as provided in this Section. Such card shall
be carried on the person at all times and shall be kept available for production upon
request; failure to comply with this requirement shall be deemed a violation of this
Section.
(C) APPLICATION. Any person desiring to secure a license or photo identification card under this
Section shall make application to the City Clerk, accompanied by a receipt from the City showing
payment of the appropriate fee.
(1) The application shall be on a form approved by the City Clerk. An applicant (which shall
include each partner and limited partner of a partnership applicant, each officer and
director of a corporate applicant, each stockholder holding 10% or more of the stock or
beneficial ownership and every other person who is interested directly in the ownership
or operation of the business) shall furnish the following information:
(a) Name and address, including all aliases;
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 11 Municipal Codes
(b) a picture identification card establishing that the individual(s) is(are) at least
eighteen (18) years of age;
(c) All residential addresses for the applicant(s) for the past ten (10) years;
(d) The business, occupation or employment of the applicant(s) for ten (10) years
immediately preceding the date or application,
(e) Whether the applicant(s) previously operated in this or any other state, county or
municipality under an escort service license or similar business license, or
registration system; whether the applicant has ever had such a license or photo
identification card revoked or suspended, the reason therefor and the business
entity or trade name under which the applicant operated that was subject to the
suspension or revocation;
(f) All criminal violations, whether federal or state, or municipal ordinance violation
convictions, forfeiture of bond and pleadings of no contest on all charges, except
minor traffic violations;
(g) Fingerprint registration with the Police Department and photograph on file with
the Oshkosh Police Department;
(h) The address of the escort service to be operated by the applicant, or the address of
the escort service for which the individual will be an escort;
(i) If the applicant is a corporation, the application shall specify the name of the
corporation, the date and state of incorporation, the name and address of the
registered agent and all officers and directors of the corporation.
(D) STANDARDS FOR ISSUANCE. To receive a license to operate an escort service, or to receive an
identification card, an applicant must meet the following standards:
(A) If the applicant is an individual:
(a) The applicant shall be at least eighteen (18) years of age;
(b) Subject to Chapter 111, of the Wisconsin Statutes, the applicant shall not have been
convicted of or pleaded no contest, to a violation as outlined in Subsection (G)(1)(c)
of this Section, in any jurisdiction within five (5) years immediately preceding the
date of the application;
(c) The applicant shall not have been found to have previously violated this ordinance
within five (5) years immediately preceding the date of the application.
(B) If the applicant is a corporation:
(a) All officers, directors and others required to be named under this Section shall be
at least eighteen (18) years of age;
(b) Subject to Chapter 111, of the Wisconsin Statutes, no officer, director or other
person to be named under this Section shall have been convicted of or pleaded no
contest, to a violation as outlined in Subsection (G)(1)(c) of this Section, in any
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 12 Municipal Codes
jurisdiction within five (5) years immediately preceding the date of the application;
(c) No officer, director or other person required to be named under this Section shall
not have been found to have previously violated this ordinance within five (5)
years immediately preceding the date of the application.
(C) If the applicant is a partnership, joint partnership, or any other type of organization where
two or more persons have a financial interest:
(a) Each person having a financial interest in the partnership, joint partnership or other
type of organization shall be at least eighteen (18) years of age;
(b) Subject to Chapter 111, of the Wisconsin Statutes, no person having a financial
interest in the partnership, joint partnership or other type of organization shall have
been convicted of or pleaded no contest, to a violation as outlined in Subsection
(G)(1)(c) of this Section, in any jurisdiction within five (5) years immediately
preceding the date of the application;
(c) No person having a financial interest in the partnership, joint partnership or other
type of organization shall have been found to have previously violated this
ordinance within five (5) years immediately preceding the date of the application.
(D) No license or photo identification card, or any renewal thereof, shall be issued unless the
Police Department has investigated the applicant's qualifications to be licensed or
registered, which shall be completed within five (5) business days of referral to the
Department.
(E) TERM; RENEWAL. Every license or identification card issued pursuant to this Section will
terminate on December 31st following its issuance, unless sooner revoked, and must be renewed
before operation is allowed or escort services provided in the following year. Application for
renewal shall be on a form provided by the City Clerk, shall contain the information required in
subsection (C) of this Section, and shall be accompanied by a receipt from the City showing
payment of the appropriate fee. Subsections (D) and (G) shall apply to all renewals.
(F) DENIAL OR NONRENEWAL OF APPLICATION OR REGISTRATION
(1) Whenever an initial application or a renewal thereof is denied, the City Clerk shall notify
the applicant in writing of the reasons for the decision and shall notify the applicant of any
appeal rights. Within five (5) business days of said decision, such notice shall be mailed
by first class mail to the address listed on the application and service shall be deemed
complete upon mailing.
(2) Within ten (10) business days of service of such notice, the applicant shall file with the City
Clerk a written appeal of the denial, containing the reasons for such appeal. The Clerk
shall then schedule a time at the Common Council’s next regular meeting, following the
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 13 Municipal Codes
conclusion of the Council’s regular agenda, at which time the applicant can present the
appeal in person, subject to questioning as may be appropriate. Within five (5) business
days of receipt of such appeal, the Clerk shall notify the applicant in writin g of the date,
time and place when the applicant’s appeal shall be heard. Such notice shall be mailed by
first class mail to the address listed on the application and service shall be deemed
complete upon mailing.
(3) The Council shall hear and decide all appeals under this Section by majority vote of the
membership of the Council. The Clerk shall notify the applicant of the decision. Within
five (5) business days of said decision, such notice shall be mailed by first class mail to the
address listed on the application and service shall be deemed complete upon mailing.
(4) Any party to an appeal, as outlined in this subsection, may seek review thereof by
certiorari to be filed in a court of competent jurisdiction within ten (10) business days of
the date of service of the Council’s decision. Based only on the record of proceedings
before the Council, the court may affirm or reverse the final determination, or remand to
the Council for further proceedings consistent with the court’s decision. The court may
also order costs to the prevailing party as is appropriate.
(a) If review is sought, the record of proceedings shall be transcribed at the expense of
the person seeking review. A transcript shall be supplied to anyone requesting the
same at the requester’s expense. By stipulation, the court may order a synopsis of
the proceedings in lieu of transcript. The court may otherwise limit the requirement
for a transcript.
(G) SUSPENSION OR REVOCATION OF LICENSE OR CARD. Any license or photo identification
card issued under this Section may be suspended for not less than ten (10) nor more than ninety
(90) days, or revoked. To the extent practicable, Section 125.12(2), of the Wisconsin Statutes, shall
govern the proceedings for suspension or revocation, and judicial review thereof.
(1) Grounds for suspension or revocation, non-issuance or non-renewal shall include:
(a) Any violation of this Section;
(b) The person does not possess the qualifications required under this Section to hold
the license or photo identification card;
(c) The person has been convicted of violations of alcohol beverage regulations as
defined in Chapter 125 of the Wisconsin Statues and Chapter 4 of this Code, of
crimes against life and bodily security as defined in Chapter 940 of the Wisconsin
Statutes, of crimes against public health and safety as defined by Chapter 941 of the
Wisconsin Statutes, of crimes against property as defined by Chapter 943 of the
Wisconsin Statutes, of crimes against sexual morality as defined by Chapter 944 of
the Wisconsin Statutes, of crimes of interference with law enforcement as defined
by Sections 946.31 through 946.50, inclusive, of the Wisconsin Statutes, of crimes
against public peace, order and other interest as defined by Chapter 947 of the
Wisconsin Statutes, of crimes against children as defined in Chapter 948 of the
Wisconsin Statutes, of violations of the uniform controlled substances act as defined
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 14 Municipal Codes
by Chapter 961 of the Wisconsin Statutes, or comparable municipal ordinance, in
any jurisdiction; or the person knowingly allows another person, who is either on
the premises for which the license under this Section is issued or is the recipient of
an escort service, to commit a violation of the offenses outlined in this paragraph.
(d) Any act or omission of any employee or independent contractor constituting a
violation of the provisions of this ordinance shall be deemed the act or omission of
the operator for purposes of determining whether the operator's license shall be
revoked, suspended or non-renewed.
(H) RESPONSIBILITIES OF THE OPERATOR
(1) The operator of an escort service shall maintain a register of all employees, or independent
contractors, showing the names and aliases used by said individuals, together with the
home address, birth date, sex, telephone numbers, Social Security Number and date of
employment or service and termination. The foregoing information on each shall be
maintained in the register on the premises for a period of three (3) years following
termination.
(2) The operator of an escort service shall make the register available immediately for
inspection by police upon demand at all reasonable times.
(3) Every act or omission by an employee or independent co-contractor constituting a
violation of the provisions of this ordinance shall be deemed the act or omission of the
operator if such act or omission occurs either with the authorization, knowledge or
approval of the operator, or as a result of the operator's negligent failure to supervise the
employee's conduct. The operator shall be punishable for such act or omission in the same
manner as if the operator committed the act or caused the omission.
(I) FEES. The application fee for a license, or any renewal thereof, shall be $500. The application fee
for a photo identification card, or any renewal thereof, shall be $100. There is no proration of fees
for any license or card issued for less than a one-year period, nor shall there be any prorated
refund for license or card that is suspended or revoked. If the application for the initial license or
card, or any renewal thereof, is denied, the fee, less any administrative costs, shall be refunded.
(J) EXEMPTIONS. This Section does not apply to businesses, agencies and persons licensed by the
State of Wisconsin or the City of Oshkosh pursuant to a specific statute or ordinance, and
employees employed by a business so licensed and which performs as an escort or an escort
service function as a service merely incidental to the primary function of such profession,
employment or business and which do not hold themselves out to the public as an escort or an
escort service.
(K) PENALTIES. Any person, partnership, corporation or other entity, who violates any of the
provisions of this Section shall, upon conviction thereof, be punished by a forfeiture of not less
than $250 nor more than $1000, together with the costs of prosecution, and in default of payment
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 15 Municipal Codes
thereof by imprisonment in the County Jail for a period not to exceed sixty (60) days. In addition,
a person convicting of violating this provisions of this Section shall be subject to suspension or
revocation by a court of record of his/her operating privileges as provided within Chapter 343 of
the Wisconsin Statutes. Each day of violation shall constitute a separate offense.
ARTICLE III. COMMERCIAL QUADRICYCLES
SECTION 8-5 REGULATION OF COMMERCIAL QUADRICYCLES
(A) Definitions. The following words, when used in this section, shall have the following meanings:
(1) “Applicant” means the owner of a Commercial Quadricycle seeking to obtain a
Commerical Quadricycle License.
(2) “Commercial Quadricycle” has the meaning given in section 340.01 of the Wisconsin
Statutes.
(3) “Driver” means a person who is at least 18 years of age, holds a valid driver’s license, and
who is responsible for steering and all other operations and functions of a Commercial
Quadricycle. “Driver” does not mean those passengers who are pedaling or have the
opportunity to pedal.
(4) “Fermented Malt Beverages” has the meaning given in section 125.02 of the Wisconsin
Statutes.
(5) “License” means a Commercial Quadricycle license issued in accordance with the
provisions of this section.
(6) “Licensee” means an Applicant who has obtained a Commercial Quadricycle License.
(B) Commercial Quadricycle License
(1) No Commercial Quadricycle shall be operated within the City of Oshkosh without a
License issued by the Common Council as provided for in this section.
(2) Licenses are issued on a calendar year basis and expire on December 31st of each year.
There shall be no pro rata or other reductions for applications made, or for the termination
of operations, during the calendar year.
(3) Licenses are not transferrable.
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 16 Municipal Codes
(C) License Application
(1) Applicants for a License shall submit an application on a form provided by the
Department of Community Development and pay a nonrefundable application fee of
$100.00 dollars. There will be no additional fee in the event a License is issued.
(2) Licenses are issued one per Commercial Quadricycle. If an Applicant owns more than
one Commercial Quadricycle, the Applicant will need to apply for a License for each
Commercial Quadricycle.
(3) Applications shall include the following minimum information:
(a) Name, address, and telephone number of the applicant. If the applicant is a legal
entity, then the application shall also identify the person who is authorized to act
in all respects for the entity.
(b) The serial number of the Commercial Quadricycle, the number of persons the
Commercial Quadricycle is designed to carry, and a photograph of the
Commercial Quadricycle.
(c) A detailed description and map of the proposed route(s) on which the Commercial
Quadricycle is to be operated, including the location of where passengers will be
picked up and dropped off and where the Commercial Quadricycle is intended to
be parked.
(d) Proof of liability and property insurance in amounts and in the form required by
the City at the time of application.
(e) All additional information as the City may require.
(4) The Department of Community Development shall forward the application to the
Common Council for consideration as an action item. The Department of Community
Development shall also provide Common Council with a report and recommendation.
Prior to forwarding the application to Common Council, the Department of Community
Development may consult with the applicant, City Departments, City Boards or
Commissions, or others deemed by the City as having information or interests that may
assist the Common Council when making their decision on the application.
(5) Prior to the issuance of any License, the Commercial Quadricycle shall be examined by
the Oshkosh Police Department. If the Commercial Quadricycle is found to be in a
satisfactory and safe condition for the transportation of passengers, in clean and good
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 17 Municipal Codes
appearance, and in compliance with all other provisions of this Article and State Law, the
Oshkosh Police Department shall file a report with the Department of Community
Development confirming compliance. If such examination shows that the Commercial
Quadricycle is not in satisfactory condition, the Oshkosh Police Department shall file a
report of noncompliance and the License shall not be issued.
(6) If the application is approved by Common Council, and a report of compliance is received
from the Oshkosh Police Department, the Department of Community Development shall
issue a written License for the Commercial Quadricycle.
(7) A Licensee is required to comply with the route(s) and other conditions of the License.
New or temporary routes, or other changes of terms, must be approved by the Common
Council by filing an amended application with the Department of Community
Development. There shall be no fee for amended applications from the same Licensee.
(D) License Denial, Revocation, and Appeals
(1) Applications for a License may be denied by the Common Council if it appears that the
approval of the application will for any reason be detrimental to the public health, safety,
and welfare.
(2) Decisions of the Common Council shall represent the final decision of the City and such
decisions may be appealed as otherwise allowed by law.
(3) Any Commercial Quadricycle License may be revoked by Common Council for one or
more of the following reasons:
(a) The Licensee, including any owner, manager, agent, or employee of the Licensee,
has violated the terms of the License, or any provision of this section, or any other
rule, regulation, or code that applies to a Commercial Quadricycle, including state
law.
(b) The Licensee, including any owner, manager, agent, or employee of the Licensee
has been convicted of a felony or misdemeanor that substantially relates to the
operation of a Commercial Quadricycle.
(E) Restrictions on Operation of Commercial Quadricycles
(1) Commercial Quadricycles shall only be operated on routes specified in the approved
License application.
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 18 Municipal Codes
(2) Commercial Quadricycles shall not be operated or parked on a public sidewalk, recreation
trail, or river walk.
(3) Commercial Quadricycles shall not use any public street or any other public property as
a loading, unloading, parking, or waiting area unless such area is a legal motor vehicle
parking space.
(4) Commercial Quadricycles shall not load or unload passengers in any traffic lane, or in any
manner that will in any way adversely affect the safety of passengers or the public, or will
impede or interfere with the orderly flow of traffic on the streets.
(5) Commercial Quadricycles shall not be occupied by passengers or available to carry
passengers after 10:30 pm or before 10:00 am.
(6) Commercial Quadricycles shall be operated in compliance with applicable state and local
traffic and parking laws and in a manner so as to assure the safety of persons and
property.
(7) Commercial Quadricycles shall be driven by persons having in their possession proof of
insurance and a valid driver’s license.
(8) No glass containers are allowed on a Commercial Quadricycle.
(9) No music or amplified sound shall be played, nor noisemakers used, nor yelling or
conversation conducted, in such a manner that the sound carries to nearby residences,
businesses, or properties, and is audible above the level of conversational speech at a
distance of twenty-five (25) feet from the point of origin from the sound.
(10) The License shall be prominently displayed on the Commercial Quadricycle so that the
public, passengers, and City employees or representatives may easily view the content of
the License.
(11) Commercial Quadricycles shall not be driven by anyone that consumes alcohol while the
Commercial Quadricycle is occupied by passengers, including any stops, breaks, or
transport to and from active operations.
(12) Commercial Quadricycles shall not be driven by anyone who has an alcohol concentration
of more than 0.02.
(13) No alcohol beverages other than Fermented Malt Beverages shall be carried or consumed
on a Commercial Quadricycle.
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 19 Municipal Codes
(14) No alcohol beverage shall be sold on a Commercial Quadricycle. This includes the
prohibition of delivery on the Commercial Quadricycle of alcohol beverages previously
sold by a caterer.
(15) Each passenger on a Commercial Quadricycle is permitted to carry on to the Commercial
Quadricycle up to 36 ounces of Fermented Malt Beverages. No other alcohol beverages
may be possessed on, carried upon, or consumed on a Commercial Quadricycle by
passengers.
(16) Any police officer of the City, County, or State may at all reasonable times, inspect any
Commercial Quadricycle that is licensed under this Article and may prohibit the use of
any Commercial Quadricycle that is found to be unsafe, not in proper repair, or not
otherwise in compliance with this Article or State law.
(F) Penalties: In addition to other fines, penalties, and/or charges that can be imposed under
Municipal Code and state law, the violation of the terms of this Section by the Licensee, or any
person, organization, or entity violating this Ordinance or responsible for violating this
Ordinance, shall be punishable by a forfeiture of $75.00. Each day of violation shall be
considered a separate offense. In addition, the City may enforce this Section by immediately
revoking the License, seeking injunctive relief, and all other remedies available in law and equity.
ARTICLE IV. MURALS
SECTION 8-10 MURALS
(A) Definitions
1. Mural: A one-of-a-kind, hand-produced, or digitally printed work of visual art
that is either affixed to or painted directly on the exterior wall of a structure with
the permission of the building owner.
a. Murals may not contain a Commercial Message as defined in Chapter 30
of this Code.
2. Mural Attribution and Sponsorship Recognition:
a. Mural Attribution: Information located within or adjacent to a mural that
identifies the artist name(s) and/or artist’s business name. Mural
Attributions must meet the following requirements:
i. Attribution shall contain only the artist name(s) and date
ii. Number of Attribution areas #: one (1) for each mural
iii. Attribution Placement: if incorporated into mural
1. Attribution area: maximum size no more than 10% of mural
size or no larger than 3 square feet, whichever is less.
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 20 Municipal Codes
iv. Attribution Placement: if adjacent to mural
2. Attribution area: must be within Sponsorship Recognition
area
b. Sponsorship Recognition: Information located adjacent to a mural that
identifies the mural sponsor’s name or sponsor’s business or association
name. Sponsorship Recognitions must meet the following requirements:
i.Shall contain only a sponsor’s name
ii. Number of Sponsorship Recognition areas: one (1) area shall be
permitted for each mural which may contain any number of
individual sponsors
iii.Sponsorship Placement: adjacent to mural
iv.Sponsorship Recognition area: maximum size = 11” x 17”
v.Sponsorship Recognition placement: wall mounted
vi. Sponsorship Recognition text: A uniform font must be used for the
entire sponsorship recognition; different fonts are not permitted.
The Sponsorship Recognition should only contain text; logos are
not permitted.
vii.Must meet current ADA requirements
(B) Mural Permit
No mural shall be installed unless a mural permit is obtained by the owner, or
their agent, from the Planning Services Manager, or their designee.
(C) Application Requirements
Permit application shall contain, but not be limited to, the following information:
1. Site plan showing the lot and building dimensions and indicating the
proposed location of the mural.
2. Pictures of the building elevations.
3. A scaled drawing of the building elevation showing the proposed size and
placement of the mural.
4. A colored draft of the proposed mural.
5. A description of the proposed maintenance schedule that includes the
timeframe for the life of the mural and method for removal, if applicable.
6. Mural material and how it will be attached
(D) Fees
The Mural Permit application fee shall be as established by Resolution of the
Common Council. See the Fee Schedule for details.
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 21 Municipal Codes
(E) Prohibited Mural Types
1. Murals or other representations which imitate or appear to imitate any official
traffic sign or device which appears to regulate or direct the movement of traffic
or which interferes with the proper operation of any traffic sign or signal, or which
obstructs or physically interferes with a motor vehicle operator’s view of
approaching, merging, or intersecting traffic.
2. Murals are prohibited in all Residential Zoning Districts: Single Family
Residential-2, Single Family Residential-3, Single Family Residential-5, Single
Family Residential-9, Duplex Residential-6, Two Family Residential-10, Multi-
Family Residential-10, Multi-Family Residential-12, Multi-Family Residential-20,
Multi-Family Residential-36, Mobile Home Residential-9
3. Murals are not permitted on the primary façade of a building. A primary façade
is defined (for purposes of this section) as the building elevation that faces the
adjacent street right-of-way and is the primary customer entrance.
4. Murals affixed, applied or mounted above, upon or suspended from any part of
the roof of a structure that would diminish the structural integrity.
5. Murals shall not project from the wall surface, other than the minimum necessary
protrusion to mount the mural to the wall or structure.
6. Murals containing true threats (a serious expression of an intent to commit an act
of unlawful violence).
7. Murals containing a Commercial Message as defined in Chapter 30.
8. Murals containing obscene content. For purposes of this section, any material is
obscene if applying contemporary community standards:
a) The predominant appeal is to a prurient interest in sex; and
b) The average person would find the material depicts or describes sexual
content in a patently offensive way; and
c) A reasonable person would find the material lacks serious literary, artistic,
political, or scientific value.
(F) Standards
1. Surface Preparation. Sand and high-pressure water blasting are not permitted as
a cleaning process for either surface preparation or for mural maintenance
purposes in any historic district or any building on the Local, State, or National
Register of Historic Buildings.
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 22 Municipal Codes
(G) Maintenance
1. The mural shall be kept in good condition for the life of the mural according to the
maintenance schedule and responsibilities approved by the Planning Services
Manager, or their designee.
2. The display surface shall be kept clean and neatly painted and free from
corrosion.
3. Any mural that is not maintained, faded, or is in disrepair shall be removed or
covered with opaque paint, similar to the primary building materials/colors or
other appropriate material as ordered by the Planning Services Manager, or their
designee.
(H) Mural Permit Approval
1. No mural permit shall be approved unless the Planning Services Manager,
or their designee, shall find that the requirements of this Section have been
fulfilled.
2. Permit Denial. A mural permit applicant may appeal the decision of the
Planning Services Manager to deny a mural permit. Said appeal shall be
made in writing to the Planning Services Manager and said appeal shall be
made within 30 days of the decision by the Planning Services Manager to
deny the permit. Appeals will be heard by the Board of Appeals to
determine if the Planning Services Manager’s decision to deny the permit
is consistent with the provisions of this Section of the Municipal Code.
ARTICLE V. AMBULANCE AND MEDICAL TRANSPORT SERVICES
SECTION 8-20 AMBULANCE AND MEDICAL TRANSPORT SERVICES.
I. Purpose. The Common Council hereby utilizes its authority identified in Sections 62.11(5)
and 62.133, Wisconsin Statutes, and other enabling statutes and regulations, to enact this
Ordinance for the purpose of ensuring that citizens within the municipal; boundaries are
properly served in emergency circumstances through the City of Oshkosh’s emergency
transport, and all non-emergency transport operators are providing legitimate and
transparent services. The Common Council has determined that generally limi ting
emergency response services to the Oshkosh Fire Department and providing for
supplemental emergency response services to be controlled by the Oshkosh Fire
Department, whose members are specially and highly trained in emergency response, will
provide for a more orderly health care process and chain of command at the location of
emergency situations that will best serve the health, safety, and welfare interests of the
public. In addition, the Common Council has determined that a system of registration and
requiring other ambulance service providers operating with this City of Oshkosh to meet
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 23 Municipal Codes
certain standards and requirements for service as set forth within this ordinance will also
promote an orderly health care process as well as clarity and transparency in services which
will best serve the health, safety, and welfare interests of the public.
II. Definitions.
a. Ambulance: any privately owned motor vehicle or aircraft that is specially designed
or constructed, equipped, and intended to be used for and maintained or operated
for transportation of patients, except that such motor vehicle owned by, or operated
under the direct control of the United States or the State of Wisconsin.
b. Ambulance Service Operator: A person engaged in the business of transporting
patients by ambulance to or from facilities or institutions providing health services.
The term does not include the Oshkosh Fire Department for purposes of this
ordinance.
c. Emergency transport: Any actual or self-perceived event which threatens life, limb,
or the well-being of an individual in such a manner that a need for immediate
medical care is created or an event that requires emergent or unscheduled medical
attention. Any response requiring the use of lights and/or sirens shall be considered
emergency service.
d. Non-emergency transport: Planned transport of a person in a medically stable
condition on a non-emergency or scheduled basis. The term does not include
services of the Oshkosh Fire Department for purposes of this ordinance.
e. Paramedic: A person who is specially trained in emergency cardiac, trauma, and
other lifesaving or emergency procedures in a training program or course of
instruction resulting in certification as an Emergency Medical Technician –
Advanced or Emergency Medical Technician – Paramedic by the National Registry
of Emergency Medical Technicians or the Wisconsin Division of Health. Any
Emergency Medical Technician – Paramedic must also be CPR-certified, which
means they are certified in cardiopulmonary resuscitation according to standards
set by the American Heart Association.
f. Patient: A person who is sick, injured, wounded, or otherwise incapacitated or
helpless, and in need of transportation and/or medical treatment.
g. Person: Any individual, firm, partnership, association, corporation, company,
group of individuals acting together for a common purpose, or organization of any
kind, including government agency other than the United States or State of
Wisconsin.
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 24 Municipal Codes
III. Ambulance Service Within Municipal Boundaries
a. The City of Oshkosh Shall be the Sole Provider of Emergency Transports within
the Oshkosh Municipal Boundaries.
i. Except for the City of Oshkosh and/or its agents, no person, either as owner,
agent, or otherwise, shall furnish, operate, conduct, maintain, advertise, or
otherwise be engaged in, or profess to be engaged in, the business or service
of the emergency transports of patients originating within the municipal
boundaries of the City of Oshkosh.
ii. Non-emergency transports of patients or persons within the municipal
boundaries of the City of Oshkosh may occur subject to the rules and
standards set forth herein.
b. Exceptions: The following Ambulance Service Operators may operate within, or
respond to calls within, the Oshkosh municipal boundaries:
i. Ambulances or similar emergency vehicles operated by or under the direct
control of the United States or the State of Wisconsin;
ii. Ambulances transporting patients from locations outside the municipal
boundaries of the City of Oshkosh into the City of Oshkosh;
iii. Ambulances providing assistance to licensed Ambulance Service Operators
in the case of a Mutual Aid request by the City of Oshkosh, or a major
catastrophe or emergency in which the licensed Ambulance Service
Operators of the City of Oshkosh are unable to address the extent of the
health needs of the catastrophe, emergency, or extreme system overload;
iv. Ambulance transports passing through the City of Oshkosh which
originated from a point outside the City and having a destination point also
outside the City;
v. Aircraft, including “Flight for Life” or similar services, that transport
patients to or from hospitals within the City of Oshkosh. Such aircraft must
be licensed by the State of Wisconsin to perform such services.
IV. Registration. All Ambulance Service Operators providing non-emergency transports
originating within the municipal boundaries of the City of Oshkosh shall register with the
City. Registrations shall be filed with the City Clerk’s office. The Clerk shall maintain
the Registrations with the official records of the City, and shall transmit copies of all
Registrations, including any supporting documents, to the Fire Chief. The Fire Chief or
their designee shall have the authority to enforce the requirements of this Section. The
Registration shall be on such forms provided by the City and shall include, at a minimum,
the following information:
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 25 Municipal Codes
a. Name and complete contact information for Registrant. This includes name,
address, telephone numbers, and email addresses.
b. Names and contact information for at least one (1) primary and one (1) secondary
agent for the Registrant.
c. If the Registrant is an entity, identify the state of formation.
d. All trade or other corporate names, if any, under which the Registrant does business
or proposes to do business.
e. A copy of all licenses and/or certificates issued by the State of Wisconsin
Department of Health Services or other regulatory body that the Registrant believes
enables it to lawfully perform the proposed services within the City of Oshkosh.
f. The signature of the Registrant or the Registrant’s authorized representative.
g. There shall be no charge for filing the Registration with the City.
V. Standards for Operation of Non-Emergency Transports
a. Each transport vehicle proposed to be used within the City of Oshkosh by an
Ambulance Service Operator shall comply with the following:
i. The color scheme, lettering, messaging, and special markings on transport
vehicles shall be significantly different from the vehicles of all other
Ambulance Service Providers providing services in the City of Oshkosh so
that there can be no confusion between the Registrant and other operators
that have also submitted registrations. There shall be no use of the words
“Oshkosh Fire Department” or variations thereof, located anywhere on the
vehicle.
ii. Any telephone number that states or implies that it is an emergency number
shall be limited to the nationwide designated number for emergencies,
which is “9-1-1”. Any other contact numbers shall clearly designate their
use for non-emergencies only.
iii. Be equipped with radio equipment, as follows:
1. Each transport vehicle shall be equipped with at least one portable
radio capable of transmitting on the Federal Communications
Commission assigned emergency medical frequency and shall be
capable of transmitting from any patient location within the City of
Oshkosh to all Oshkosh hospitals and to 9-1-1 dispatch.
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 26 Municipal Codes
2. Transport vehicle radio operations shall comply with procedures
approved by the Federal Communications Commission and is
compatible with the system used by the City of Oshkosh Fire
Department. Compatibility shall be determined by the Fire Chief,
Oshkosh Fire Department.
b. Ambulance Service Operators providing services within the City of Oshkosh shall
have in effect for all transport vehicles a sufficient policy of insurance issued by an
insurance company licensed to do business in the State of Wisconsin, which shall
provide that the insurance company shall be liable for damages of up to one million
dollars ($1,000,000) for any accident due to the negligent operation of one of the
patient transport vehicles.
VI. Response to Incidents
a. An Ambulance Service Operator shall not respond to a medical emergency incident
within the City of Oshkosh unless called to respond by the Winnebago County
Communication Center, the Oshkosh Fire Department, or direct telephone call in
circumstances described in subsection III.b. of this section.
b. An Ambulance Service Operator receiving a request for an Ambulance to respond
to any medical emergency within the City of Oshkosh from any source other than
the Winnebago County Communication Center or Oshkosh Fire Department, shall
immediately, coincident with its response, provide the Winnebago County
Communications Center with all available information as to the nature and location
of the emergency.
VII. Command at Incident Scene
a. Incident Scene and Patient Care.
i. Upon arrival on the scene of a medical emergency where patient care is
being provided by Oshkosh Fire Department personnel, the Fire Department
personnel remain in charge of the incident in accordance with state law.
ii. In all instances when the Oshkosh Fire Department personnel are called to
an incident, they shall be in command of the incident and for all patient care.
iii. It is the obligation of the Ambulance Service Operator personnel to seek out
the Fire Department personnel in command of the incident and patient care.
iv. In the instances where the Oshkosh Fire Department personnel arrive at the
incident first, all subsequent Ambulance Service Operators arriving at the
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 27 Municipal Codes
scene shall act under the command of the Oshkosh Fire Department
personnel.
v. Oshkosh Fire Department personnel remain in command of patient care
until it is specifically relinquished to the Ambulance Service Operator
personnel.
vi. In instances where an Ambulance Service Operator arrives at the incident
first, the Ambulance Service Operator shall relinquish command of the
incident and patient care to the Oshkosh Fire Department personnel upon
their arrival and upon their request to assume command of the incident and
patient care.
b. If the Ambulance Service Operator is at the scene in violation of this Chapter, no
action or inaction of the Oshkosh Fire Department at the scene shall be interpreted
to release or waive the violation.
VIII. Obedience to Traffic Laws, Ordinances and Regulations.
a. The driver of an Ambulance shall comply with all traffic laws relating to the
operation of emergency vehicles, as provided by Section 346.03, Wisconsin
Statute.
b. No siren shall be used when transporting stabilized patients, unless a known
additional emergency response situation exists.
IX. Severability. The provisions of this Ordinance shall be severable and if any of the
provisions shall be held in contravention of the Constitution and laws of the State of
Wisconsin, or the United States, the validity of the rest of the Ordinance shall not be
affected. It is hereby declared to be the intent of this Ordinance that the same would have
been adopted had such unconstitutional or unlawful provisions, if any, not been included
herein.
X. Effective Date. This Ordinance shall become effective ninety (90) days from the date of
publication.
XI. Penalties
a. Any Person that violates any provision of this Section shall be subject to a forfeiture
of not less than One Hundred Dollars ($100.00) but not more than Five Hundred
Dollars ($500.00), together with prosecution.
b. Each day the violation exists shall constitute a separate offense.
c. Nothing in this Section shall preclude the City from taking any other lawful action
in addition to seeking a forfeiture in the event of a violation of this Section.
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 28 Municipal Codes
ARTICLE VI. MOBILE VENDING
SECTION 8-43 REGULATION OF MOBILE VENDORS
I. Definitions:
a. Licensee means an applicant who has obtained a license to conduct a mobile vending
operation pursuant to this chapter.
b. Mobile Vending Operation means vending, selling, serving, displaying, offering for sale or
giving away goods, wares, merchandise, or food from a mobile vending unit.
c. Mobile Vending Unit means any motorized or non-motorized vehicle, trailer, kiosk, pushcart,
stand, display, blanket, ground covering or other device designed to be portable and not
permanently attached to the ground from which any food, goods, wares, or merchandise are
peddled, vended, sold, served, displayed, offered for sale or given away. This includes any
display consisting of food, goods, wares or merchandise being peddled, sold, served,
displayed, or offered for sale. This does not include a mobile wholesale delivery unit that
visits multiple private or public property sites on a daily basis.
d. Mobile Vendor means a person who peddles, vends, sells, serves, displays, offers to sell or
give away food, goods, wares, or merchandise from a mobile vending unit. This term does
not include a mobile wholesale delivery unit that visits multiple private or public property
sites on a daily basis.
e. Public Property as used in this ordinance means all property owned by a governmental entity,
but does not include public rights of way.
II. City License Required to Operate
a. No Mobile Vending Unit shall operate within the City of Oshkosh without a Mobile Vending
License issued by the City Department of Community Development.
b. The following Mobile Vending Units are exempt from the requirement to obtain a Mobile
Vending License:
i. Mobile Vending Units that are approved participants of a Special Event;
ii. Mobile Vending Units operating on private property and obtain a Temporary Use Permit.
c. The City’s Mobile Vending License is in addition to all other local, State, or Federal approvals,
permits, or licenses necessary to engage in this activity.
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 29 Municipal Codes
III. Mobile Vending Operations May be Located:
a. On hardscape surfaces on private or public property, except as otherwise specifically limited
or prohibited, with approval of the property owner.
b. On hardscape surfaces in public right of way terrace areas, provided a minimum
unobstructed sidewalk space of five (5) feet from the right of way line is maintained, and two
(2) unobstructed feet from the established face of the curb or street is maintained.
c. In legal on-street public parking spaces, provided the spaces are occupied with vehicles
licensed to operate on streets, roads, and highways. Trailers, carts, wagons, and similar
objects that are otherwise licensed for travel on streets, roads, and highways may occupy an
on-street parking space provided they remain attached to the licensed motorized vehicle
pulling it. All parking rules and regulations must be followed.
d. The right of way terrace areas and on-street parking options are available provided these
locations are not subject to a Special Event approved by the City.
IV. Mobile Vending Operations are prohibited from the following locations:
a. Any City park contrary to the rules set forth in Section 19.4(M) of the Municipal Code except
through a vending contract with the City or as part of an approved Special Event. This
includes driveways, parking areas, sidewalks, and public rights of way within City parks.
b. Any City parking lot except as part of an approved Special Event.
c. Any location which is otherwise included within an area approved for a Special Event within
the City, except for those vendors who are allowed to operate by the organizer of the
approved Special Event.
d. Within thirty-seven & half (37.5) feet of a customer entrance for a full service restaurant, or an
approved sidewalk café, or another Mobile Vendor already occupying a particular location.
The distance from a customer entrance shall be from a line perpendicular from the door frame
and extending into the street.
e. On the City’s Riverwalk, or at a location which utilizes the Riverwalk in any way for the
Mobile Vending Operation.
f. No part of the Mobile Vending Operation can obstruct access to any fire hydrant nor obstruct
the view of any fire hydrant from the street.
g. No Mobile Vending Operation is permitted within five (5) feet of the sides of bus stops or bus
shelters, nor permitted in a manner that interferes with the use of bus stops or interferes with
the ingress and egress from any bus shelter.
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 30 Municipal Codes
h. No Mobile Vending Operation can be located within five (5) feet of a curb-cut, a marked cross-
walk, or any other obstruction including, but not limited to, a parking meter post, sidewalk
bench, bike rack, kiosk, etc.
i. No Mobile Vending Operation can be located to obstruct any truck, freight, or passenger
loading zone, nor adjacent to any disabled parking space.
j. Any location that will obstruct sight distance triangles at intersections.
k. In Residential Districts, except for the following two situations:
i. Continuously mobile, motorized, street - licensed vehicles stopping only for customers or
for no longer than five (5) minutes in anticipation of future customers; and,
ii. Mobile Vendor Operations adjacent to eligible City parks utilizing legal parking spaces or
appropriate hardscape terraces upon the approval of the City Manager, or designee.
Eligible City parks are defined as all City parks except Lakeshore Park, Menominee Park,
Spanbauer Fields, Red Arrow Park, Pollock Community Water Park, Riverside Park, and
Leach Amphitheater.
l. Within one hundred (100) feet of the boundary of a Special Event approved under Chapter 5
of this Municipal Code.
V. Mobile Vending License:
a. All applicants shall submit a completed application to the Department of Community
Development and pay a nonrefundable application/license fee of $100.00 dollars. There will
be no additional charge in the event a Mobile Vending License is issued.
b. Licenses are issued on a calendar year basis. There will be no pro rata or other reductions for
applications during the calendar year.
c. Applications will require information deemed necessary by the City Manager and shall
include the following minimum information:
i. Name and all contact information of the applicant. If the applicant is a legal organization,
then the application shall identify the person who is authorized to act in all respects for
the corporation.
ii. The name and contact information for the person who will be managing, operating, and
making decisions for the Mobile Vending Unit on a day to day basis.
iii. Identification and description of the Mobile Vending Operation and Mobile Vending Unit.
iv. A site plan showing the space the Mobile Vending Unit will occupy.
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 31 Municipal Codes
v. The proposed location(s) of the Mobile Vending Unit.
vi. Copies of other necessary permits or licenses from other governmental agencies
including, without limitation, a health license and a Wisconsin Seller’s permit.
vii. Proof of liability and property insurance. A Mobile Vending License will not be issued
until proof is provided showing that the City of Oshkosh is added as an additional insured
to the Mobile Vendor’s policy.
d. All applicants shall meet with the Department of Community Development and other City
officials to discuss compliance with applicable rules, regulations, and codes, to evaluate the
applicant’s proposed vending site(s), and to answer questions about rules for other potential
vending sites within the City. The Department of Community Development shall arrange a
meeting for the applicant with all City Departments deemed necessary to review the
application.
e. The City Department of Community Development will issue Mobile Vending Licenses for
those who are eligible for License, and shall deny the application of those who are not eligible.
Licenses shall include information deemed necessary by the City Manager, and shall contain
the following minimum information:
i. Name, address, telephone number, and contact person for the Vendor.
ii. Type of vending allowed, such as food or merchandise.
iii. If authorized to vend on private or public property, the license must include the
address(es) on which they are allowed to locate their vending operations.
f. Licenses shall be issued to allow Mobile Vending on private or public property, or on
hardscape surfaces in the right of way, or in on-street public parking spaces, or a combination
of these available locations. Except for private or public property locations, there shall be no
sites assigned to any particular Mobile Vending Operation.
g. Except for private or public property locations, Mobile Vending Sites shall be available on a
daily basis to the first vendor to arrive.
h. Mobile Vending Licenses shall be prominently displayed on the Mobile Vending Unit so that
consumers and/or City employee or representative may easily view the content of the License.
i. Licenses are not transferrable. Licenses may be amended to include operation on private or
public properties or operation on additional private or public properties, by filing an
amended application with the Department of Community Development. There shall be no
charge for amended applications.
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 32 Municipal Codes
VI. License denial, revocation, and appeals.
a. Applications for licenses may be denied by the Department of Community Development if it
appears that the approval of the application will for any reason be detrimental to the health,
safety, and welfare of the public, and including the following reasons:
i. Fraud, misrepresentation, or false statement contained in the application for the license.
ii. Any violation of the provisions of this Chapter within the current or previous calendar
year.
iii. All other necessary approvals including, without limitation, health licenses or seller’s
permits, have not been obtained.
iv. The applicant, principal of applicant, or a manager of applicant’s mobile vending unit has
been convicted within the previous five years of any felony, or misdemeanor that is
substantially related to a Mobile Vending Operation.
v. The applicant, principal of applicant, or a manager of applicant’s mobile vending unit has
admitted to or has been adjudged to have violated any civil consumer law within the
previous five years.
vi. The applicant, principal of applicant, or manager has had a vendor license issued by this
City revoked within the current or prior calendar year.
vii. The applicant is not 18 years of age.
b. Any license issued pursuant to this Chapter may be revoked by the City Department of
Community Development for one or more of the following reasons:
i. The licensee, or manager of the licensee, has violated a provision of this article, or any
other rule, regulation, or code that applies to a Mobile Vending Operation.
ii. The licensee, or licensee’s manager or employee of a Mobile Vending Unit, has been
convicted of a felony, or misdemeanor substantially related to a Mobile Vending
Operation.
c. Application denials and license revocations may be appealed to the City Manager. The City
Manager’s decision shall be the final decision of the City.
VII. Restrictions on Mobile Vending
a. Every licensee operating a Mobile Vending Unit on private or public property shall have and
maintain the written authority or permission to use the private or public property, and shall
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 33 Municipal Codes
provide written evidence to the City Department of Community Development of that
authorization or permission with the Application.
b. Connection of a mobile vending unit or mobile food vending unit to a public source of
electricity, water, or sewer at a mobile vending operation site is prohibited.
c. No Mobile Vending Operation may use any public property such as light poles or other utility
poles, flower planters, trees, or other amenities as a point of attachment for anything,
including ropes, posters, signs, or electrical cords.
d. Mobile Vending Units may be located and operational on public property and public right-
of-way beginning at 8:00 a.m. and ending the same time as the closing time for Class “B”
alcoholic beverage license or permit, with closing time as defined by Wisconsin Statutes or
Oshkosh Municipal Code, whichever is later, except that those mobile vendors operating
within legal on-street parking spaces must comply with all City parking ordinances. The
ending time shall be the time the Mobile Vending Unit has been closed, cleaned, and
completely removed from its vending location on public property. Mobile vending on private
property shall not have any limitations of their time of operation.
e. Mobile Vending Units otherwise located on public property or public right-of-way shall be
removed from their location and returned to their mobile base during the time they are not
allowed to operate as defined in paragraph VII. d., above, and during all other times the
Mobile Vending Unit is not actively operational. A mobile vending unit is actively
operational when an attendant is present and the food or merchandise to be sold is available
for purchase. The mobile vending unit may be inactive for only one consecutive hour, and a
cumulative total of two hours between the hours it is allowed to be located on public property
or public right-of-way.
f. The site that a Mobile Vending Unit is occupying shall at all times be kept clean and free from
litter, garbage, rubble, and debris.
g. Mobile Vending Operations will comply with all applicable noise ordinances.
h. Seating for consumer consumption or use of products sold is not allowed at the site occupied
by the Mobile Vending Unit. One chair, stool, or seat for use by the operator will be allowed.
i. Mobile Vending Units shall occupy a site only large enough to carry out the essential
functions of the Mobile Vending Operation and shall not use a space larger than 6 feet by 10
feet, except for those using on-street public parking spaces.
VIII. Penalties
a. In addition to other potential fines, penalties, and/or charges as described in the Oshkosh
Municipal Code, the violation of the terms of this Chapter by any person, organization, or
entity shall be punishable by a forfeiture of $75.00. Each day of violation shall be considered
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 34 Municipal Codes
a separate offense. In addition, the City may enforce this Chapter by way of immediately
revoking the License, seeking injunctive relief, and all other remedies available in law and
equity.
b. The penalties set forth shall also apply to all persons, organizations, and entities that take
actions or conduct themselves in a manner which requires a Mobile Vending License but the
person, organization, or entity fails or refuses to do so. If any person, organization, or entity
violates any provision of this Chapter, the City shall have the authority to institute
appropriate legal action or proceedings to ensure compliance and to prohibit such person,
organization, or entity from violating these conditions.
ARTICLE VII. DIRECT SELLERS AND SOLICITORS
SECTION 8-45 INTENT OF REGULATIONS
The intent of these regulations is to protect the safety and peaceful enjoyment of the residents of Oshkosh
in their residence and throughout the community and to protect residents from commercial fraud
whenever possible. The Common Council recognizes that constitutional limitations restrict extensive
and broad prohibitions against direct sales and solicitations, but it believes that reasonable regulations
are essential to promote privacy among city residents given that door-to-door type activities as
contemplated herein are not traditional public forums.
SECTION 8-47 DEFINITIONS
When used in this Article, the following terms shall have the following meanings:
(A) "Direct Solicitor" or “Direct Solicitation” means any individual who, for him/herself, or for a
partnership, association or corporation, who without invitation goes to private homes or
businesses for the purpose of selling goods or services; taking orders for the later delivery of
goods or services, requesting contributions of time, money, or support for any cause, issue or
person; purchasing or collecting scrap metal, furniture, household goods or other scrap materials
or goods, and shall include, but not be limited to peddlers, solicitors, transient merchants,
charitable contributions, junk collectors, proselytizing, and solicitations for political candidates.
SECTION 8-50 REGULATIONS
(A) No Direct Solicitor shall engage in the following practices:
(1) Calling at any dwelling or other place between the hours of 9:00 p.m. and 9:00 a.m. except
by appointment;
(2) Calling at any dwelling or other place where a sign is displayed bearing the words "No
Peddlers" or "No Solicitors" or words of similar meaning;
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 35 Municipal Codes
(3) Calling at the rear door of any dwelling place unless previously arranged;
(4) Remaining on any premises after being asked to leave by the owner, occupant or other
person having authority over such premises;
(5) Misrepresenting or making false, deceptive or misleading statements concerning the
quality, quantity or character of any goods or services offered for sale, the purpose of the
visit, the identity of the caller or the identity of the organization represented;
a) When asked, a direct seller for a charitable organization shall specifically disclose
what portion of the sale price of goods or services offered will actually be used for
the charitable purpose for which the organization is seeking assistance.
(6) Failing to display when requested a document identifying the direct seller or solicitor as
representing an individual, a partnership, an association or a corporation, failing to
display, when requested to do so by any law enforcement officer, such identification or
document.
(7) Impeding the free use of sidewalks, streets and other rights of way by pedestrians and
vehicle;
a) Where sales or solicitations are made by vehicles, all traffic and parking
regulations shall be observed.
(8) Making any loud noises or using any sound amplifying devices to attract customers if the
noise produced is capable of being plainly heard outside a one-hundred (100) foot radius
of the source.
(9) Littering or allowing rubbish or litter to accumulate in or around the area where he/she is
conducting activities.
(10) Violating any applicable state law, including but not limited to Wis. Stat. Ch. 423 and
ATCP 127.
Direct Solicitors who engage in the business of lending money on the deposit of any article or jewelry or
purchasing any article or jewelry with an expressed or implied agreement or understanding to sell it
back at a stipulated price or who engages in the business of purchasing or selling secondhand articles as
regulated by this Chapter and Section 134.71 of the Wisconsin Statutes governing pawnbrokers,
secondhand article and secondhand jewelry dealers must comply with the provisions of this section and
Article VIII of this Chapter.
SECTION 8-55 SEVERANCE CLAUSE
The provisions of this Article are declared to be severable, and if any section, sentence, clause or phrase
of this Article shall for any reason be held to be invalid or unconstitutional, such decision shall not affect
the validity of the remaining sections, sentences, clauses or phrases of this Article, but they shall remain
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 36 Municipal Codes
in effect, it being the legislative intent that this Article shall stand notwithstanding the invalidity of any
part.
ARTICLE VIII. PAWNBROKERS AND SECONDHAND ARTICLE
AND JEWELRY DEALERS
SECTION 8-62 STATE STATUTES ADOPTED
Except as otherwise specifically provided by this article, all provisions of Section 134.71 Wis. Stats.
defining and describing the regulations with respect to pawnbrokers and secondhand article and
secondhand jewelry dealers are hereby adopted by reference and made a part of this code as if fully set
forth herein. It is the intention of this article to include within such references all provisions of section
134.71 Wis. Stats. in effect at the time of adoption of this article together with any applicable revisions
and all future recodifications, renumberings, and amendments unless otherwise expressly provided in
such references. It is the intention of this article that any act required to be performed or prohibited by
section 134.71 Wis. Stats. presently in effect or as may be amended in the future is an act required to be
performed or is an act prohibited by this section.
SECTION 8-63 LICENSE REQUIRED
No person shall carry on the business of a pawnbroker, or secondhand article or secondhand jewelry
dealer within the city without first having obtained a license therefor.
SECTION 8-63.1 DEFINITIONS
(a) "Article" means any of the following articles except jewelry:
(1) Audio-visual equipment, including but not limited to stereos, cassette recorders, compact
disc players, stereo components, cameras, videotape recorders, video cameras, portable
stereos, audio tapes, compact discs, recording tapes, video tapes, albums, visual or
electromagnetic tapes, and similar materials.
(2) Bicycles.
(3) China.
(4) Computers, printers, software, hardware, and computer supplies.
(5) Computer games and toys.
(6) Crystal.
(7) Electronic equipment.
(8) Fur coats and other fur clothing.
(9) Ammunition and knives.
(10) Microwave ovens.
(11) Office equipment.
(12) Pianos, organs, guitars, keyboards and other musical instruments.
(13) Silverware and flatware.
(14) small electrical appliances.
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 37 Municipal Codes
(15) telephones and answering machines.
(b) Any word not defined herein shall have that meaning specified within section 134.71 Wis. Stats.
SECTION 8-64 PROPERTY TRANSACTION RECORDS
For each transaction of purchase, receipt, or exchange of any secondhand article or secondhand jewelry
from a customer, a pawnbroker, secondhand article or secondhand jewelry dealer shall electronically
submit the required property transaction information to an electronic reporting service specified by the
Oshkosh Police Department by the close of business each day according to the following procedures.
(a) Pawnbrokers, secondhand article and secondhand jewelry dealers using point of sale software
shall ensure compatibility of their software with the specified electronic reporting service, and
shall electronically transfer all required information from their computer to the specified
electronic reporting service via internet connection.
(b) Pawnbrokers, secondhand article and secondhand jewelry dealers not using point of sale
software, but having 200 or more reportable transactions during the previous calendar year, shall
either acquire point of sale software and adhere to the requirements set forth in paragraph (a)
above; or, if the specified electronic reporting service allows, manually enter all reportable
transactions into the database via internet connection.
(c) Pawnbrokers, secondhand article and secondhand jewelry dealers subject to electronic reporting
shall take a color, digital photograph of every item purchased, received, or exchanged that does
not have a unique serial or identification number affixed. This section specifically includes
jewelry, coins, currency, and bullion. One group photo shall suffice for mass items acquired in
one transaction. When a photograph is taken it must be maintained in such a manner that it can
be readily matched and correlated with all other records of the same transaction, and must be
made available for inspection by law enforcement for a period of not less than one year from the
date of transaction.
(d) Electronic submission of property transaction information and digital photography of property
shall be encouraged but not required for pawnbrokers, secondhand article and secondhand
jewelry dealers having fewer than 200 reportable transactions during the previous calendar year.
When electronic submission of reportable transactions is not made according to the provisions
set forth in paragraphs (a) or (b) above, Property Transaction Forms shall be manually completed
and submitted according to the following procedures:
(1) Forms shall be obtained from the Oshkosh Police Department. Forms are identified by
number and the pawnbroker, secondhand article or secondhand jewelry dealer shall be
solely responsible for each form. A copy of each form shall be provided to the Oshkosh
Police Department upon request. Each form must be accounted for by the pawnbroker,
secondhand article or secondhand jewelry dealer.
(2) This form shall be completed by the pawnbroker or secondhand article or secondhand
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 38 Municipal Codes
jewelry dealer and signed by the customer.
(3) The form shall be completed in ink. Entries must be legible. No entry on such form may
be erased, mutilated or changed.
(4) The form shall be completed in its entirety. All articles must be described and documented
in detail sufficient to differentiate the article from other like articles. If the item has a serial
number or other identifying information or unique characteristics such information shall
be noted on the form.
(5) The pawnbroker, secondhand article or secondhand jewelry dealer shall retain an original
of each form for not less than one year from the date of the transaction. Duplicate forms
shall be provided to law enforcement agencies upon request.
(6) Forms shall be made available for inspection during business hours by the Oshkosh Police
Department or other law enforcement agency upon request.
(7) Each form shall be physically kept with the article(s) detailed upon the form for the
required holding period.
(8) The pawnbroker, secondhand article or secondhand jewelry dealer shall, in addition to
the property transaction forms, keep a written inventory and records of declaration of
ownership as required by state statute.
SECTION 8-65 HOLDING PERIODS
(a) Any secondhand article or secondhand jewelry purchased or received by a pawnbroker as a
secondhand article shall be kept on the pawnbroker's premises or other place for safekeeping for
not less than 30 days after the date of purchase or receipt, unless the person known by the
pawnbroker to be the lawful owner of the secondhand article or secondhand jewelry recovers it.
(b) Any secondhand article or secondhand jewelry purchased or received by a secondhand dealer as
a secondhand article shall be kept on the secondhand dealer’s premises or other place for
safekeeping for not less than 21 days after the date of purchase or receipt.
(c) If a pawnbroker, secondhand article or secondhand jewelry dealer is required or otherwise elects
to submit electronic reports under section 8-64, the secondhand article or secondhand jewelry
purchased or received shall be kept on the pawnbroker’s or secondhand dealer’s premises or
other place for safekeeping for not less than 7 days after the date of the purchase or receipt.
(d) Subsections (a) and (b) above shall not apply to articles consigned to a pawnbroker, secondhand
article or secondhand jewelry dealer.
(e) During the holding period the secondhand article or secondhand jewelry shall be held separate
and apart from any other merchandise carried by the dealer and shall not be altered or modified
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 39 Municipal Codes
in any manner.
(f) During the holding period the pawnbroker, secondhand article or secondhand jewelry dealer
shall permit any law enforcement officer to inspect the article. Articles held off premises shall be
made available for inspection under this section within 24 hours, or a reasonable time in the case
of weekends or holidays, of a request by a law enforcement officer.
(g) Any law enforcement officer who has reason to believe any secondhand article or secondhand
jewelry was not sold or exchanged by the lawful owner may direct a pawnbroker, secondhand
article or secondhand jewelry dealer to hold that article for a reasonable length of time which the
law enforcement officer considers necessary to identify it.
SECTION 8-66 MINORS
No pawnbroker, secondhand article or secondhand jewelry dealer shall engage in a transaction of
purchase, exchange or receipt of any secondhand article or secondhand jewelry from a minor unless the
minor is accompanied by the minor's parent or guardian.
SECTION 8-67 COINS, CURRENCY, AND BULLION
Any pawnbroker, secondhand article or secondhand jewelry dealer receiving any coin or currency, any
gold or silver coin or gold or silver bullion shall not be required to comply with the holding periods
within section 8-65 but shall otherwise be required to comply with the provisions of this article.
SECTION 8-67.1 RIGHT TO INSPECT
A license holder under this article shall make available for inspection, by any law enforcement officer at
any reasonable time, the licensed premises and any items on the licensed premises. Any items stored
off-premises shall be made available for inspection under this section upon request by a law enforcement
officer.
SECTION 8-68 PENALTIES
(a) Upon conviction for a first offense under this article, a person shall forfeit not less than $75 nor
more than $1000.
(b) Upon conviction for a second offense under this article, a person shall forfeit not less than $525
nor more than $2000.
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 40 Municipal Codes
ARTICLE X. JUNK YARDS AND COLLECTORS
DIVISION 1. JUNK YARDS
SECTION 8-75 LICENSE REQUIRED.
No person, firm or corporation shall store at any place in the City any old iron, old bottles, old rags,
paper, old auto tires, or any other kind of junk until a license therefor shall have been secured as provided
in this Section.
SECTION 8-76 APPLICATION FOR LICENSE.
(A) Application for license accompanied by the prescribed fee shall be made to the City Clerk and
shall state the property to be used for the storage junk and other things mentioned in Section 8-75,
the name of the applicant, the name of the owner of the property, and, if the property is leased, a
copy of applicant's lease. The City Clerk shall refer said application to the Common Council
which may in its discretion grant said applicant a license.
Upon the allowance of a license by the Common Council, the City Clerk shall issue said license.
SECTION 8-77 LICENSE FEE; TERM.
The license fee shall be Twenty Dollars ($20.00) for a period of one (1) year or fraction thereof, and shall
expire on the 30th day of June after its date, unless revoked as hereinafter provided. All licenses that
expire on June 30, 1968, under this ordinance shall receive a refund of Ten Dollars ($10.00).
SECTION 8-78 LOCATION RESTRICTED.
No license shall be issued to store any of the things mentioned in Section 8-75 within two hundred fifty
feet (250') of any dwelling house, in an area other than the heavy industrial district east of South Main
Street and south of the Fox River, on the same street, or at any place within one hundred fifty feet (150')
of North or South Main Street.
SECTION 8-79 INSPECTION AND INVESTIGATION.
(A) Every licensee shall permit inspection of his premises and junk by the police officers of the City
at all reasonable hours.
(B) The Chief of the Fire Department shall cause to be investigated each and every junk yard at least
once each year.
SECTION 8-80 REVOCATION OF LICENSE.
(A) The Council may, upon evidence being submitted that any junk yard is being conducted in any
unsanitary manner, or that there is a fire hazard created by the said junk yard, or that the said
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 41 Municipal Codes
junk yard licensee has violated any ordinance of the City or law of the State relating to buying or
storage of junk, revoke said license, and no license shall thereafter be issued to any one to conduct
a junk yard upon the premises for a period of one (1) year.
(B) The fact that a license has been issued shall not be deemed to make the City a party to such
business, and shall not be a bar to any party in an action to abate a nuisance.
SECTION 8-81 SANITARY CONDITION REQUIRED
Each licensee shall keep his said junk yard in a sanitary condition, and shall keep inflammable material
in such a manner so that there will be minimum fire danger.
SECTION 8-82 HEIGHT LIMIT ON JUNK PILES.
No iron, scrap or other material shall be piled over fifteen feet (15') high in any junk yard.
SECTION 8-83 RESTRICTIONS ON DISMANTLING.
No vehicle, or other article of junk shall be broken up, or dismantled upon any street or alley and no part
of the same shall be left by any licensee in any street or alley. No junk shall be stored within fifteen feet
(15') of any street unless enclosed in a building as concealed from view from said street.
ARTICLE XI. AMUSEMENTS LICENSES
SECTION 8-90 BILLIARDS, POOL AND BOWLING ALLEYS
(A) LICENSE REQUIRED
No person, firm or corporation shall erect, maintain or permit to be erected or maintained upon his
premises, for gain, any billiard or pool tables or bowling alley without first having obtained a license
therefor as herein provided.
(B) ISSUANCE OF LICENSE
Each license granted shall be issued by the City Clerk upon payment of the prescribed fee, and signed
by the City Manager and City Clerk and shall be sealed with the corporate seal of the City. No license
issued pursuant hereto shall be assignable.
(C) LICENSE FEES; TERM
The annual license fee shall be $10.00 for each individual bowling alley, or nine or ten pin alley in any
bowling establishment, and $5.00 for each billiard table and pool table. Every license shall expire on the
1st day of June next succeeding the granting thereof. No license issued pursuant hereto shall be
assignable.
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 42 Municipal Codes
(D) GAMBLING PROHIBITED
No person licensed to keep a billiard table, pool table or bowling alley shall allow or permit any kind of
rioting, reveling, drunkenness, lewd or disorderly conduct on the licensed premises, or shall use or
permit the use of such billiard table, pool table or bowling alley so kept by him for the purpose of
gambling.
SECTION 8-91 MINIATURE GOLF COURSES
(A) LICENSE REQUIRED
No person, firm or corporation shall operate any miniature golf grounds or any other similar place of
amusement within the City without first having obtained a license as hereinafter provided.
(B) APPLICATION; FEE; TERM
Application for such license shall be made to the City Clerk and shall be accompanied by a license fee of
Five Dollars ($5.00). The application shall be thereafter acted upon by the Council who may grant or
refuse such license in their discretion. The term of this license shall be for one (l) year, expiring on
December 31.
(C) CLOSING HOURS
No license shall keep open his place of business between the hours of eleven thirty (11:30) o'clock p.m.
and eight (8:00) o'clock a.m. All licensees shall conduct their places of business in an orderly and quiet
manner. No licensee shall permit his place of business to be illuminated more than thirty (30) minutes
after the closing time herein provided.
SECTION 8-92 MECHANICAL ENTERTAINMENT DEVICES
(A) LICENSE REQUIRED
No person, firm or corporation shall operate any device, machine or contrivance for entertainment which
is operated by the placing of a coin in said instrument or in any mechanism connected thereto, or by in
any manner paying the owner or operator thereof a fee or charge of any kind, without first obtaining a
license as herein provided.
(B) ISSUANCE OF LICENSE; FEE
The City Clerk shall issue licenses to persons applying therefor for the operation of a mechanical or
electrical entertainment device, or any device or machine mentioned in Section 5-36 above, upon
payment of an annual license fee of Twenty Dollars ($20.00). Said licenses shall be valid for a period of
one (1) year from the 1st day of July, unless sooner revoked as herein provided. Radio and television
sets placed in hospitals or other charitable institutions are exempt from the license fee provided herein.
(C) HOURS RESTRICTED
No person, firm or corporation shall operate or permit to be operated at any restaurant, soft drink parlor,
ice cream parlor, or other place where merchandise of any kind including liquor or fermented malt
beverage is sold, any electrical, or mechanical contrivance or device capable of emitting sound for
entertainment purposes, except during such hours as said establishment is legally open for business,
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 43 Municipal Codes
providing, however, that any such licensee may lose the privilege of operating between the hours of one
(l:00) o'clock a.m. and eight (8:00) o'clock a.m. or such license, upon the filing of a written complaint with
the City Clerk and after a public hearing thereof before the Common Council and notice of such public
hearing given to the licensee.
SECTION 8-93 CIGARETTE SALES.
The license regulating tobacco in the City shall be governed by the provisions of Section 134.65
of the Wisconsin Statutes.
(a) The annual fee for such license shall be $100.00. There shall be
no proration of this fee for licenses issued during the license year.
ARTICLE XII. PENALTIES
SECTION 8-100 PENALTIES.
Any person who shall violate any of the provisions of this Chapter or of any Section thereof, shall upon
conviction thereof, be punished by a forfeiture of not less than $75.00 nor more than $500.00, together
with the costs of prosecution, and in default of payment thereof, by imprisonment in the County Jail for
a period not to exceed sixty (60) days. Each day of violation shall constitute a separate offense.
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 1 Municipal Codes
CHAPTER 8
IN GENERALLICENSES AND PERMITS
ARTICLE I. IN GENERAL
8-1 FRANCHISE ORDINANCES
8-1 GENERAL RULES
ARTICLE II-A. ROOM TAXSHORT TERM RENTALS
8-1.1 ROOM TAX AND PERMIT REGULATIONS
8-1.2 SHORT TERM RENTALS
ARTICLE III. REGISTRATION OF ENTERTAINERS
8-2 REGULATION OF ESCORT SERVICES
8-3 RESERVED
8-4 RESERVED
ARTICLE IIIIV. COMMERCIAL QUADRICYCLES
8-58-3 8-5REGULATION OF COMMERCIAL QUADRICYCLES
8-6 RESERVED
8-7 RESERVED
8-8 RESERVED
8-9 RESERVED
ARTICLE IV. MURALS
8-10 MURALS
8-11 THROUGH 8-38 RESERVED
ARTICLE VI. RESERVED ARTICLE IX. AMBULANCE AND MEDICAL TRANSPORT
SERVICES
8-20 AMBULANCE AND MEDICAL TRANSPORT SERVICES
8-39 RESERVED
8-40 RESERVED
8-41 RESERVED
8-42 RESERVED
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 2 Municipal Codes
ARTICLE VII. MOBILE VENDING
8-43 REGULATION OF MOBILE VENDORS
8-44 RESERVED
ARTICLE VIII. DIRECT SELLERS AND SOLICITORS
(FORMERLY PEDDLERS AND TRANSCIENT MERCHANTS)
8-45 INTENT OF REGULATIONS
8-46 RESERVED
8-47 DEFINITIONS
8-47 RESERVED
8-48 RESERVED
8-50 REGULATIONS
8-49 RESERVED
8-50 RESERVED
8-51 RESERVED
RESERVED
8-55 SEVERANCE CLAUSE
8-52 RESERVED
8-53 RESERVED
8-54 RESERVED
8-55 RESERVED
8-56 RESERVED
RESERVED
ARTICLE VIIIIX. PAWNBROKERS AND SECONDHAND ARTICLE AND
SECONDHAND JEWELRY DEALERS
8-62 STATE STATUTES ADOPTED
8-63 LICENSE REQUIRED
8-63.1 DEFINITIONS
8-64 PROPERTY TRANSACTION RECORDS
8-65 HOLDING PERIODS
8-66 MINORS
8-67 COINS, CURRENCY, AND BULLION
8-67.1 RIGHT TO INSPECT
8-68 PENALTIES
ARTICLE IX. AMBULANCE AND MEDICAL TRANSPORT SERVICES
8-578-45 AMBULANCE AND MEDICAL TRANSPORT SERVICES
8-58 RESERVED
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 3 Municipal Codes
8-59 RESERVED
8-60 RESERVED
8-61 RESERVED
8-62 RESERVED
ARTICLE X. JUNK YARDS AND COLLECTORS
DIVISION 1. JUNK YARDS
8-638-46 LICENSE REQUIRED
8-648-47 APPLICATION FOR LICENSE
8-658-48 LICENSE FEE; TERM
8-668-49 LOCATION RESTRICTED
8-678-50 INSPECTION AND INVESTIGATION
8-688-51 REVOCATION OF LICENSE
8-698-52 SANITARY CONDITION REQUIRED
8-708-53 HEIGHT LIMIT ON JUNK PILES
8-718-54 RESTRICTION ON DISMANTLING
ARTICLE XI. AMUSEMENTS LICENSES
SECTION 8-90 BILLIARDS, POOL AND BOWLING ALLEYS
SECTION 8-91 MINIATURE GOLF COURSES
SECTION 8-92 MECHANICAL ENTERTAINMENT DEVICES
SECTION 8-93 CIGARETTE SALES.
ARTICLE XII. PENALTIES
8-106 PENALTIES
ARTICLE XI. NON-ISSUANCE OF LICENSES AND PERMITS
8-88 NON-ISSUANCE OF CITY LICENSES AND PERMITS/DELINQUENT TAXES, ASSESSMENTS
AND SPECIAL CHARGES
8-89 RESERVED
8-90 RESERVED
8-91 RESERVED
8-92 RESERVED
ARTICLE XII. UTILITY PIPES, POWER LINES, AND POLES
8-93 PIPE AND CONDUIT REGULATIONS; SCOPE
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 4 Municipal Codes
8-94 LOCATION AND ALTERATION
8-95 APPROVAL OF MATERIAL, SIZE, ETC.
8-96 PLAN TO BE SUBMITTED
8-97 MANNER OF LAYING CONDUIT
8-98 CITY TO HAVE USE OF CONDUIT
8-99 INDEMNITY AGREEMENT
8-100 SAFE ERECTION OF WIRES
8-101 FRANCHISES
8-102 DECISIONS OF OFFICIALS
8-103 POWERS RESERVED
8-104 WIRES PROHIBITED ON CERTAIN STREETS
8-105 REMOVAL OF IMPROPERLY ERECTED WIRES
ARTICLE XIII. PENALTIES
8-106 PENALTIES
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 5 Municipal Codes
ARTICLE I. IN GENERAL
SECTION 8-1 FRANCHISE ORDINANCESGENERAL RULES
Except as may be specifically provided in connection with a license or permit within this Chapter or by
State Statute the following general rules shall apply:
All franchise ordinances now in force in the City are hereby incorporated by reference and shall have the
same force and effect as though fully set forth in this Code.
(A) All licenses and permits issued under the provisions of this Chapter shall be valid only
for the purpose and person/business to whom issued. Licenses shall not be transferable except
as explicitly provided within this Chapter or State Statutes.
(B) Unless otherwise specifically provided, the license year for licenses granted under the
provisions of this chapter shall begin on July 1st in each year and end on June 30th in the
following year. There shall be no proration of the fee for licenses issued during the license year.
(C) Licenses and permits required within the City may be granted or renewed but shall not be issued for
any premises for which taxes, assessments, or special charges are delinquent and unpaid nor to any
person who is delinquent in the payment of taxes, assessments or special charges related to the business
or property for which the license or permit is sought in compliance with the provisions of Chapter 3 of
this Municipal Code.
(D) Licenses and permits may be suspended or revoked violations of this Chapter or State Statutes upon
written complaint filed with the City Clerk and after a public hearing before the Common Council. Not
less than 10 business days prior to the public hearing the City Clerk shall cause written notice thereof to
be served by personal service or certified mail upon the license or permit holder.
ARTICLE I-A. ROOM TAXSHORT TERM RENTALS
SECTION 8-1.1 ROOM TAX AND PERMIT REGULATIONS
(A) Definitions.
Except as otherwise specified, terms in this Article shall have the meaning as defined in
Wisconsin Statutes Section 66.0615.
(1) “Gross receipts" has the meaning as defined in Wisconsin Statutes, Section 77.51(11)(a)(b)
and (c) insofar as applicable.
(2) “Person” shall have the meaning as defined in Chapter 1 of this Municipal Code.
(B) Room Tax Imposed and Distribution.
Pursuant to Section 66.0615 of the Wisconsin Statutes, a tax is hereby imposed on the privilege
and service of furnishing, at retail, of rooms or lodging to transients by hotelkeepers, motel
Commented [LL1]: New Section setting forth
general rules applicable to all licenses
Commented [LL2]: Room Tax moved to Chapter 3
Finance
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 6 Municipal Codes
operators, lodging marketplaces, owners of short-term rentals and other persons furnishing
accommodations that are available to the public, irrespective of whether membership is required
for the use of the accommodations. Such tax shall be at the rate of ten percent (10%) of the gross
receipts from such retail furnishing of rooms or lodging. Such tax shall not be subject to the
selective sales tax imposed by Section 77.52(2) of the Wisconsin Statutes. The proceeds of such tax
shall be remitted monthly to the City Treasurer.
(1) The treasurer shall distribute the room tax receipts on a monthly basis, as follows:
a. 2% of the room tax shall, as authorized by Wisconsin Statute 66.0615, be used for
long term debt obligations associated with the Oshkosh Convention Center.
b. 2% of the room tax shall be used for the purpose of fulfilling the City’s obligations
towards operations and maintenance of the Oshkosh Convention Center, as well as
other costs incurred by the City to support tourism in the City of Oshkosh.
c. 6% of the room tax shall be paid to the Oshkosh Convention and Visitors Bureau,
hereby designated as a tourism entity as that term is defined in section 66.0615
Wisconsin Statutes.
(C) Room Tax Permit.
Every person furnishing rooms or lodging under Subsection (B) shall file with the City Treasurer
an application for a permit for each place of business. Every application for a permit shall be
made upon a form prescribed by the City Treasurer and shall set forth the name under which the
applicant intends to transact business, the location of the place of business, and such other
information as the City Treasurer requires. The application shall be signed by the owner if a sole
proprietor and, if not a sole proprietor, by a person authorized to act on behalf of such applicant.
At the time of making an application, the applicant shall pay such fee as may be established by
the Council by Resolution.
Upon submission of a completed application, and deposit of security if required under subsection
H below by the applicant, the City Treasurer shall grant and issue to the applicant a separate
permit for each place of business within the City. Such permit is not assignable and is valid only
for the person in whose name it is issued and for the transaction of business at the place
designated therein. It shall at all times be conspicuously displayed at the place for which issued.
The permit shall remain valid so long as the permittee shall own and operate the permitted hotel,
motel, short term rental or other lodging and only so long as permittee is in compliance with the
provisions of this Article. Upon sale or other transfer of ownership of the premises or business
such permit shall automatically expire.
(D) Filing of Room Tax Returns.
This Article shall be administered by the City Treasurer. The tax shall be payable monthly and
shall be received by the City no later than the last business day of the month next succeeding the
calendar month for which imposed.
(1) Direct Filing.
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 7 Municipal Codes
Except as provided below, a return shall be filed with the City Treasurer by persons
furnishing at retail such rooms and lodging on or before the same date on which such tax
is due and payable. Such return shall show the gross room receipts of the preceding
calendar month from such retail furnishing of rooms or lodging, the amount of room taxes
imposed for such period, and such other information as the City Treasurer deems
necessary. The City Treasurer may, for good cause, extend the time of filing of any return,
but in no event longer than one month from the scheduled filing date.
(2) Filing through a Lodging Marketplace registered with the State of Wisconsin Department
of Revenue.
If a short term rental is rented through a lodging marketplace that is registered with the
State Department of Revenue, the lodging marketplace may collect the room tax as
provided in Section 66.0615(5) of the Wisconsin Statutes and pay the required room tax
directly to the City. The owner of the short term rental shall submit a monthly return
which shall indicate which rentals have been made and that room taxes have been
collected through the registered lodging marketplace. Room taxes shall be submitted for
any rentals where room tax is not collected and submitted through the lodging
marketplace. Subject to the provisions of Section 66.0615 of the Wisconsin Statutes, Owner
shall remain responsible for any room tax payments not submitted through the Lodging
Marketplace.
(E) Liability for Tax on Sale or Transfer of Business.
If any person liable for any amount of tax under this section sells the business or stock of goods
or quits the business, such person’s successors or assigns shall withhold sufficient of the purchase
price to cover such amount until the former owner produces a receipt from the City Treasurer
that it has been paid or a certificate stating that no amount is due. If a person subject to the tax
imposed by this section fails to withhold such amount from the purchase price as required, that
person shall become personally liable for payment of the amount required to be withheld to the
extent of the price of the accommodations valued in money.
(F) Records and Audits.
Every person liable for the tax imposed by this section shall keep or cause to be kept such records,
receipts, invoices and other pertinent papers in such form as the City Treasurer requires.
Subject to the provisions of Section 66.0615 of the Wisconsin Statutes, the City Treasurer may, by
office or field audit, determine the tax required to be paid to the City or the refund due to any
person under this section. This determination may be made upon the basis of the facts contained
in the return being audited or on the basis of any other information within the City Treasurer's
possession. The City Treasurer is authorized to examine and inspect the books, records,
memoranda, and property of any person in order to verify the tax liability of that person or
another person.
The permit of any person who is subject to the tax imposed by this section who fails or refuses to
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 8 Municipal Codes
permit the inspection of his records by the City Treasurer after such inspection has been duly
requested by the City Treasurer may be revoked as provided under paragraph (G)(6) below.
(G) Remedies and Penalties for Failure to Obtain Required Permits, for Delinquent Filing or Failure
to File Returns.
Subject to the provisions of Section 66.0615 of the Wisconsin Statutes, the following Remedies and
Penalties shall apply to violations of this Article:
(1) Failure to Obtain Permit.
Any person in violation of the terms of this section by failing to obtain and/or maintain a
permit, when such permit is required, shall be subject to a penalty of seventy-five dollars
($75.00) plus the costs of prosecution per day for each violation. Each room or unit
separately rented or offered for rent, and each day of such rental or offer for rental of such
unit, shall be a separate violation. In addition, the City may obtain an appropriate order
for injunctive relief to discontinue violation of this section.
(2) Delinquent Tax Returns.
Delinquent tax returns shall be assessed a $10.00 late filing fee. Upon filing of a delinquent
return, the entire tax finally determined shall be subject to a penalty of 25 percent of the
tax, exclusive of any interest or other penalties; or $5000 whichever is less. The City
Treasurer shall determine the amount required to be paid and shall notify the person
submitting the return, together with the permit holder if that is a different person, of the
assessment of the penalty.
(3) Failure to File Return, Failure to Pay Tax Due.
If any person fails to file a return as required by this section, fails to pay the tax due upon
the return or files an incomplete, incorrect or fraudulent return, the City Treasurer shall
make an estimate of the amount of the gross receipts. Such estimate shall be based upon
any information which is in the City Treasurer's possession or may come into his/her
possession. On the basis of this estimate, the City Treasurer shall compute and determine
the amount required to be paid to the City, adding to the sum arrived at a penalty equal
to 25 percent thereof or $5000 whichever is less.
(4) Penalties – When Due.
Any Penalty assessed by the City Treasurer under this section shall be due in full within
30 days from the date of the notice and invoice of the penalty amount.
(5) Interest.
All unpaid taxes or assessments under this section shall bear interest at the rate of 1
percent per month from the due date of the return until the first day of the month
following the month in which the tax is paid or deposited with the City Treasurer. An
extension of time within which to file a return shall not operate to extend the due date of
the return for purposes of interest computation. No interest shall accrue on any over-
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 9 Municipal Codes
payment of the tax due. Penalties shall bear interest at the rate of 1 percent per month
from the due date of the penalty until paid.
(6) Suspension or Revocation of Permit.
The City elects not to be strictly bound by Chapter 68, Wisconsin Statutes, with respect to
administrative procedure in regard to revocation or suspension proceedings under this
Article.
When any person fails to comply with this section, the City Treasurer may, upon 10 days
notification and after affording such person the opportunity to show cause why their
permit should not be revoked, revoke or suspend any or all of the permits held by such
person. The City Treasurer shall give to such person a written determination regarding
the suspension or revocation of any permits.
The permit holder or their authorized representative may request a review of such
decision by filing a request for review with City Treasurer within ten (10) calendar days
of mailing of the original determination of the City Treasurer. The request shall state the
basis for the request and additional information may be presented at that time. The City
Treasurer shall schedule a hearing for requests for review and within 20 days of the date
of hearing shall make a determination in writing which shall be mailed to the permit
holder and their authorized representative, if applicable. Such determination shall be a
final determination subject to judicial review as provided in Section 68.13 of the Wisconsin
Statutes.
The City Treasurer shall not issue a new permit after the revocation of a permit unless
he/she is satisfied that the holder of the permit will comply with the provisions of this
section. The fee for renewal or issuance of a permit which has been previously suspended
or revoked shall be the same as for a new permit and shall be established by resolution of
the Council.
(H) Security may be Required.
In order to protect the revenue of the City, the City Treasurer may require any person liable for
the tax imposed by this section to place with the City, before or after a permit is issued, such
security, not in excess of $5,000 as the City Treasurer determines. If any taxpayer fails or refuses
to place such security, the City Treasurer may refuse to issue or may revoke any permit issued
under this section. If any taxpayer is delinquent in the payment of the taxes imposed by this
section, the City Treasurer may, upon 10 days notice, recover the taxes, interest and penalties
from the security placed with the City Treasurer by such taxpayer. No interest shall be paid or
allowed by the City to any person for the deposit of such security.
(I) Confidentiality.
All tax returns, schedules, exhibits, writings or audit reports relating to such returns, on file with
the City Treasurer, are deemed to be confidential, except the City Treasurer may divulge their
contents to the following, and no others:
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 10 Municipal Codes
(1) The person who filed the return.
(2) Officers, agents, or employees of the Federal Internal Revenue Service or the State
Department of Revenue.
(3) Officers, employees, or agents of the City of Oshkosh as may be necessary to administer
this Article and/or to enforce collection.
Statistics and other information may be disclosed or published provided that the information
does not disclose the identity of particular individuals or businesses.
No person having an administrative duty under this section shall make known in any manner
the business affairs, operations or information obtained by an investigation of records of any
person on whom a tax is imposed by this section, or the amount or source of income, profits,
losses, expenditures, or any particular thereof set forth or disclosed in any return, or to permit
any return or copy thereof to be seen or examined by any person, except as provided in this
sub-section. Any person who shall violate the provisions of this subsections shall be subject to a
forfeiture not to exceed $200.
(J) Separability and Conflict
If any section, subsection, paragraph, sub-paragraph, sentence, clause, phrase or portion of this
ordinance is for any reason held 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 remaining portions of this ordinance.
All ordinances or parts of ordinances which are inconsistent or contrary to this ordinance are
repealed.
SECTION 8-1.2 SHORT TERM RENTALS
(A) Purpose.
The purpose of this Article is to ensure that the quality of short-term rentals operating within the
City is adequate for protecting public health, safety and general welfare, including establishing
minimum standards of space for human occupancy and for an adequate level of maintenance;
determining the responsibilities of owners, operators and property managers offering these
properties for tourists or transient occupants, to protect the character and stability of all areas,
especially residential areas, within the City of Oshkosh; to provide minimum standards necessary
for the health and safety of persons occupying or using buildings, structures or premises; and
provisions for the administration and enforcement thereof.
(B) Definitions.
(1) For the purpose of administering and enforcing this Article, the terms or words used herein
shall be interpreted as follows:
(a) Words used in the present tense include the future.
(b) Words in the singular number include the plural number.
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 11 Municipal Codes
(c) Words in the plural number include the singular number.
(2) The following definitions and conditions apply unless specifically modified:
Department of Community Development. The City Department of Community Development of the
City of Oshkosh or designee.
Corporate Entity: A corporation, partnership, limited liability company, or sole proprietorship
licensed to conduct business in this state.
Dwelling Unit: One (1) or more rooms with provisions for living, cooking, sanitary, and sleeping
facilities and a bathroom arranged for exclusive use by one (1) person or one (1) family. Dwelling
Units include residential, tourist rooming house, seasonal employee housing and dormitory
units.
License. The Short-Term Rental License issued under 8-1.2
Owner. The owner of a short-term rental.
Person. Shall include a corporation, firm, partnership, association, organization and any other
group acting as a unit as well as individuals, including a personal representative, receiver or other
representative appointed according to law. Whenever the word person is used in any section of
this Article prescribing a penalty or fine, as to partnerships or associations, the word shall include
the partners or members hereof, and as to corporations, shall include the officers, agents or
members thereof who are responsible for any violation of such section.
Resident Agent. Any person appointed by the owner of a short-term rental to act as agent on behalf
of the owner.
Short Term Rental. A residential dwelling unit that is offered for rent for a fee and for fewer than
29 consecutive days, as defined in Wis. Stat. Sec. 66.0615 (1)(dk).
State. The State of Wisconsin Department of Health, or its designee.
(C) Operation of Short-Term Rentals.
(1) No person may maintain, manage, or operate a short-term rental more than 16 nights each year
without a short-term rental license. Every short-term rental shall be operated by a Property
Owner or a Resident Agent
(2) Each short-term rental is required to have the following licenses and permits:
(a) A Winnebago County Tourist Rooming House License or Winnebago County Bed and
Breakfast License;
(b) A Seller’s Permit, if required by the Wisconsin Department of Revenue;
(c) A Room Tax Permit; and
(d) A permit or license issued pursuant to the provisions of this Article.
(3) Each short-term rental shall comply with all of the following:
(a) The total number of days within any consecutive 365-day period that the dwelling
may be rented shall not exceed 180 days.
(b) No vehicular traffic shall be generated that is greater than normally expected in the
residential neighborhood.
(c) There shall not be excessive noise, fumes, glare, vibrations generated during the use.
(d) Name plates or other signage shall not exceed zoning code allowances for Building
Management Identification Sign. No other signage advertising the short-term rental is
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 12 Municipal Codes
permitted on site. Off-site advertising in media channels relating to the availability of
the rental may take place only after all City, County and State permits and licenses
have been obtained.
(e) The number of occupants in any unit shall not exceed the limits set forth in the State
of Wisconsin Uniform Dwelling Code and other applicable county and City housing
regulations based upon the number of bedrooms in each unit.
(f) No recreational vehicles (RVs), camper, tent, or other temporary lodging arrangement
shall be permitted on site as a means of providing additional accommodations for
paying guests or other invitees.
(g) Any outdoor event held at the short-term rental shall last no longer than one day
occurring between the hours of 8:00 a.m. and 10:00 p.m. Any activities shall be in
compliance with other noise regulations of the City.
(h) All rentals of the short-term rental shall be subject to payment of the City of Oshkosh
room tax at the current applicable rate. Permit holders are responsible for complying
the City’s Room Tax and Permit Regulations.
(i) Compliance with all state, county, and local regulations is required.
(j) A short-term rental license will not be issued until the following contingencies have
been met:
(1) County health department inspection completed and license issued;
(k) Short-term rental licenses are issued for one year period and must be renewed
annually subject to City approval or denial.
(D) Short-Term Rental License.
(1) The Department of Community Development shall issue a short-term rental license to all
applicants following the approval of an application and the filing of all documents and records
required under this Article. The application shall also contain the following information:
(a) Identify the Property Owner;
(b) Identify the Resident Agent with contact information;
(c) The maximum occupancy for the premises;
(d) The license term;
(e) State lodging license number, if any; and
(f) Contact information for the City.
(2) The resident agent must be authorized to allow City employees, officers and their designees, to
enter the owner’s property for purposes of inspection and enforcement of this Article and the
Municipal Code.
(E) Short-Term Rental License Procedure.
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 13 Municipal Codes
(1) All applications for a short-term rental license shall be filed with the Department of Community
Development on forms provided. Applications must be filed by the property owner or on the
owner’s behalf by the Resident Agent. No permit shall be issued unless the completed application
form is accompanied by payment of the required fee.
(2) Each application shall include the following information and documentation for each short-term
rental unit:
(a) Winnebago County License for a Tourist Rooming House License or Bed and
Breakfast License issued under Wis. Stat. Sec. 254.64;
(b) A copy of a completed State Lodging Establishment Inspection form dated within
(c) one (1) year of the date of issuance or renewal;
(d) A Seller’s Permit, if required by the Wisconsin Department of Revenue;
(e) Designation of the Resident Agent (if applicable);
(f) Certification from the owner or licensee that the property meets the requirements of
this Article;
(3) Terms and Filing date. Each permit and license shall run during a calendar year. The filing fee
shall be paid upon filing of the application. The Department of Community Development may
conditionally accept late applications, subject to payment of the late filing fee. Any application
which does not include all of the information and documentation shall not be considered as
complete.
(4) Application Review Procedure. When satisfied that the application is complete, the Department
of Community Development shall forward initial applications for permits and licenses to the
appropriate City Departments for review. If the Department of Community Development in
consultation with City staff determines that the application meets the requirements of this Article,
they may approve the application. If the Department of Community Development in consultation
with City staff determines that the application does not meet the requirements of this Article, they
may deny the application.
(F) Renewal.
(1) Each application for a renewal of a permit or license shall include updated information for the
documentation on file with the Department of Community Development and payment of the
applicable fee. The Department of Community Development shall verify that the information
provided on the renewal application is complete and in accordance with the requirements of this
Article. The Department of Community Development shall request reports from the City of
Oshkosh Police regarding any complaints received, calls for service or actions taken regarding
the short-term rental properties. The Department of Community Development shall issue
renewal licenses within thirty (30) days of the filing of the application unless the information
provided is incomplete or otherwise not in compliance with the requirements of this Article
and/or the reports from the Police Department and the Zoning Administrator indicate that there
are complaints or actions involving the property.
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 14 Municipal Codes
(2) If the Department of Community Development finds that the license or permit should not be
renewed, the Department of Community Development shall deny the renewal.
(3) No permit or license shall be renewed if the applicant or property has outstanding fees, taxes or
forfeitures owed to the City, or is under an order issued by the Building Inspector, or his designee,
to bring the premises into compliance with City ordinances, unless arrangements for payment
have been approved by the Department of Community Development.
(G) Resident Agent.
(1) All short-term rentals are required to appoint a Resident Agent for the receipt of service of notice
of violation of this Article’s provisions and for service of process pursuant to this Article. Such a
designation shall be made by the owner and shall accompany each application form. Said
applicant shall immediately notify the Department of Community Development of any change
in residence or information regarding the Resident Agent.
(2) To qualify as a Resident Agent the person must meet the following requirements:
(a) The applicant is authorized by owner to accept service of process for all City
communications, citations and orders.
(3) Each Resident Agent shall be authorized by the property owner to act as the agent for the owner
for the receipt of service of notice of violation of this Article’s provisions and for service of process
pursuant to this Article and shall be authorized by the owner to allow City employees, officers
and their designees, to enter the owner’s property for purposes of inspection and enforcement of
this Article and/or the City Municipal Code.
(H) Standards for Short-term Rentals.
(1) Each short-term rental shall comply with this Article’s requirements or any other applicable City
ordinance. Each short-term rental shall comply with the following minimum requirements:
(a) Not less than one (1) bathroom for every six (6) occupants;
(b) Not less one hundred fifty (150) square feet of floor space for the first occupant
thereof and at least an additional one hundred (100) square feet of floor space for
every additional occupant thereof; the floor space shall be calculated on the basis
of total habitable room area. Floor space is determined using interior
measurements of each room. Floor space does not include kitchens, bathrooms,
closets, garages, or rooms not meeting Uniform Dwelling Code requirements for
occupancy. The maximum occupancy for any premises without a separate
enclosed bedroom is two (2) people;
(c) Not less than one (1) onsite off-street parking spaces for every four (4) occupants
based upon maximum occupancy;
(d) A safe, unobstructed means of egress leading to safe, open space at ground level;
(e) Shall have functional smoke detectors and carbon monoxide detectors in
accordance with the requirements of Chapter SPS 362 of the Wisconsin
Administrative Code;
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 15 Municipal Codes
(f) Shall not have an accessible wood burning fireplace unless the property owner
provides a certificate from a certified HVAC / Fireplace Installer or technician,
dated not more than thirty (30) days prior to submission, certifying that the
fireplace and chimney have been inspected and are in compliance with National
Fire Prevention Association Fire Code Chapter 211 Standard for Chimneys,
Fireplaces, Vents, and Solid Fuel-Burning Appliances;
(g) Shall not have a hibachi, gas-fired grill, charcoal grill, or other similar devices used
for cooking, heating, or any other purpose on any balcony, deck or under any
overhanging structure or within ten (10) feet of any structure;
(h) Certification of compliance. As a condition of issuance of a license under this
Article, the Owner / Resident Agent shall certify that property is in compliance
with the terms and conditions of the license and this Article.
(I) Room Tax.
(1) Each short-term rental shall comply with the room tax reporting requirements of the City
Municipal Code Chapter 8-1.1
(2) All tax returns and supporting documentation filed with the Department of Community
Development are confidential and subject to the protections provided under City Municipal Code
8-1.1and Wis. Stat. Sec. 66.0615 (3) and Wis. Stat. Sec. 77.61.
(J) Display of Permit.
Each license or permit shall be displayed on the inside of the main entrance door of each short-
term rental.
(K) Appeal and License Revocation.
(1) The denial of any license or permit application or renewal under this Article may be appealed by
filing a written appeal request with the Department of Community Development within ten (10)
days of the City’s notice of denial. The appeal shall be heard by the Board of Appeals.
(2) A license may be revoked for one or more of the following reasons:
(a) For non-payment of taxes or other charges as provided under Section 8-88 of this
code;
(b) Failure to comply with the City of Oshkosh Room Tax and Permit Ordinance;
(c) Three (3) or more calls for police service, building inspection or the health
department for nuisance activities or other law violations in a twelve (12) month
period as defined in Sec. 17-38.1, Chronic Nuisance Premises;
(d) Failure to obtain all necessary county and state permits and licenses within twelve
(12) months of obtaining the City license;
(e) Failure to maintain all required local, county, and state licensing requirements;
(f) Failure to use the property as a short-term rental within twelve (12) months of
obtaining the City license;
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 16 Municipal Codes
(g) Any violation of local, county, or state laws that substantially harm or adversely
impact the predominantly residential uses and nature of the surrounding
neighborhood.
(L) Penalties.
(1) Any person who shall violate any provision of this Article shall be subject to a penalty as provided
in Chapter 8-1.06
(2) Penalties set forth in this section shall be in addition to all other remedies of injunction, abatement
or costs whether existing under this Article or otherwise.
(M) Fees.
Fees for licenses required by this Article are due and payable before issuance of a new license and
renewal license annually before January 1 of each year. All frees for these services will be listed
on the Planning Services Division fee schedule and will be established by resolution.
ARTICLE II. REGISTRATION OF ENTERTAINERS
SECTION 8-2 REGULATION OF ESCORT SERVICES
(A) DEFINITIONS. For the purposes of this Section, certain terms shall have the meanings ascribed
to them in this section, unless the context clearly indicates otherwise.
(1) “Escort” means any person who, for a fee commission, salary, hire, profit, payment or
other monetary or other valuable considerations, accompanies or offers to accompany
another person to or about social affairs, entertainments or places of amusement, or who
may consort with another person about any place of public resort or within any private
quarters.
(2) “Escort service” means service provided by any person who, for a fee commission, salary,
hire, profit, payment or other monetary or other valuable considerations, furnishes or
offers to furnish names of escorts who may accompany or offers to accompany other
persons to or about social affairs, entertainments or places of amusement, or who may
consort with others about any place of public resort or within any private quarters.
(3) “Person” means any individual and includes and applies to associations, clubs, societies,
firms, partnerships, corporations or other business ventures, and bodies politic and
corporate.
(B) LICENSE/REGISTRATION REQUIRED.
(1) No escort service shall operate or be maintained in the City without first obtaining from
the Common Council a license to operate issued as provided in this Section.
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 17 Municipal Codes
A license may be issued only for one escort service located at a fixed and certain place,
and must be displayed at all times in a space fully visible to those on the subject premises.
Any person, including partnership or corporation, which desires to operate more than one
escort service must have a license for each service.
(i) The location to be licensed under this Section shall comply with all applicable
building and zoning code provisions of this Code.
(ii) 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, for which a license is required by this Section, if otherwise
allowed, 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
Sections 15-19 or 18-9 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.
(a) No license or interest in a license may be transferred to any person,
including partnership or corporation.
(2) All operators or any person working for any escort service and any independent
contractors shall, prior to beginning employment or contracted duties, register and obtain
a photo identification card from the City Clerk as provided in this Section. Such card shall
be carried on the person at all times and shall be kept available for production upon
request; failure to comply with this requirement shall be deemed a violation of this
Section.
(C) APPLICATION. Any person desiring to secure a license or photo identification card under this
Section shall make application to the City Clerk, accompanied by a receipt from the City showing
payment of the appropriate fee.
(1) The application shall be on a form approved by the City Clerk. An applicant (which shall
include each partner and limited partner of a partnership applicant, each officer and
director of a corporate applicant, each stockholder holding 10% or more of the stock or
beneficial ownership and every other person who is interested directly in the ownership
or operation of the business) shall furnish the following information:
(a) Name and address, including all aliases;
(b) a picture identification card establishing that the individual(s) is(are) at least
eighteen (18) years of age;
(c) All residential addresses for the applicant(s) for the past ten (10) years;
(d) The business, occupation or employment of the applicant(s) for ten (10) years
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 18 Municipal Codes
immediately preceding the date or application,
(e) Whether the applicant(s) previously operated in this or any other state, county or
municipality under an escort service license or similar business license, or
registration system; whether the applicant has ever had such a license or photo
identification card revoked or suspended, the reason therefor and the business
entity or trade name under which the applicant operated that was subject to the
suspension or revocation;
(f) All criminal violations, whether federal or state, or municipal ordinance violation
convictions, forfeiture of bond and pleadings of no contest on all charges, except
minor traffic violations;
(g) Fingerprint registration with the Police Department and photograph on file with
the Oshkosh Police Department;
(h) The address of the escort service to be operated by the applicant, or the address of
the escort service for which the individual will be an escort;
(i) If the applicant is a corporation, the application shall specify the name of the
corporation, the date and state of incorporation, the name and address of the
registered agent and all officers and directors of the corporation.
(D) STANDARDS FOR ISSUANCE. To receive a license to operate an escort service, or to receive an
identification card, an applicant must meet the following standards:
(A) If the applicant is an individual:
(a) The applicant shall be at least eighteen (18) years of age;
(b) Subject to Chapter 111, of the Wisconsin Statutes, the applicant shall not have been
convicted of or pleaded no contest, to a violation as outlined in Subsection (G)(1)(c)
of this Section, in any jurisdiction within five (5) years immediately preceding the
date of the application;
(c) The applicant shall not have been found to have previously violated this ordinance
within five (5) years immediately preceding the date of the application.
(B) If the applicant is a corporation:
(a) All officers, directors and others required to be named under this Section shall be
at least eighteen (18) years of age;
(b) Subject to Chapter 111, of the Wisconsin Statutes, no officer, director or other
person to be named under this Section shall have been convicted of or pleaded no
contest, to a violation as outlined in Subsection (G)(1)(c) of this Section, in any
jurisdiction within five (5) years immediately preceding the date of the application;
(c) No officer, director or other person required to be named under this Section shall
not have been found to have previously violated this ordinance within five (5)
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 19 Municipal Codes
years immediately preceding the date of the application.
(C) If the applicant is a partnership, joint partnership, or any other type of organization where
two or more persons have a financial interest:
(a) Each person having a financial interest in the partnership, joint partnership or other
type of organization shall be at least eighteen (18) years of age;
(b) Subject to Chapter 111, of the Wisconsin Statutes, no person having a financial
interest in the partnership, joint partnership or other type of organization shall have
been convicted of or pleaded no contest, to a violation as outlined in Subsection
(G)(1)(c) of this Section, in any jurisdiction within five (5) years immediately
preceding the date of the application;
(c) No person having a financial interest in the partnership, joint partnership or other
type of organization shall have been found to have previously violated this
ordinance within five (5) years immediately preceding the date of the application.
(D) No license or photo identification card, or any renewal thereof, shall be issued unless the
Police Department has investigated the applicant's qualifications to be licensed or
registered, which shall be completed within five (5) business days of referral to the
Department.
(E) TERM; RENEWAL. Every license or identification card issued pursuant to this Section will
terminate on December 31st following its issuance, unless sooner revoked, and must be renewed
before operation is allowed or escort services provided in the following year. Application for
renewal shall be on a form provided by the City Clerk, shall contain the information required in
subsection (C) of this Section, and shall be accompanied by a receipt from the City showing
payment of the appropriate fee. Subsections (D) and (G) shall apply to all renewals.
(F) DENIAL OR NONRENEWAL OF APPLICATION OR REGISTRATION
(1) Whenever an initial application or a renewal thereof is denied, the City Clerk shall notify
the applicant in writing of the reasons for the decision and shall notify the applicant of any
appeal rights. Within five (5) business days of said decision, such notice shall be mailed
by first class mail to the address listed on the application and service shall be deemed
complete upon mailing.
(2) Within ten (10) business days of service of such notice, the applicant shall file with the City
Clerk a written appeal of the denial, containing the reasons for such appeal. The Clerk
shall then schedule a time at the Common Council’s next regular meeting, following the
conclusion of the Council’s regular agenda, at which time the applicant can present the
appeal in person, subject to questioning as may be appropriate. Within five (5) business
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 20 Municipal Codes
days of receipt of such appeal, the Clerk shall notify the applicant in writing of the date,
time and place when the applicant’s appeal shall be heard. Such notice shall be mailed by
first class mail to the address listed on the application and service shall be deemed
complete upon mailing.
(3) The Council shall hear and decide all appeals under this Section by majority vote of the
membership of the Council. The Clerk shall notify the applicant of the decision. Within
five (5) business days of said decision, such notice shall be mailed by first class mail to the
address listed on the application and service shall be deemed complete upon mailing.
(4) Any party to an appeal, as outlined in this subsection, may seek review thereof by
certiorari to be filed in a court of competent jurisdiction within ten (10) business days of
the date of service of the Council’s decision. Based only on the record of proceedings
before the Council, the court may affirm or reverse the final determination, or remand to
the Council for further proceedings consistent with the court’s decision. The court may
also order costs to the prevailing party as is appropriate.
(a) If review is sought, the record of proceedings shall be transcribed at the expense of
the person seeking review. A transcript shall be supplied to anyone requesting the
same at the requester’s expense. By stipulation, the court may order a synopsis of
the proceedings in lieu of transcript. The court may otherwise limit the requirement
for a transcript.
(G) SUSPENSION OR REVOCATION OF LICENSE OR CARD. Any license or photo identification
card issued under this Section may be suspended for not less than ten (10) nor more than ninety
(90) days, or revoked. To the extent practicable, Section 125.12(2), of the Wisconsin Statutes, shall
govern the proceedings for suspension or revocation, and judicial review thereof.
(1) Grounds for suspension or revocation, non-issuance or non-renewal shall include:
(a) Any violation of this Section;
(b) The person does not possess the qualifications required under this Section to hold
the license or photo identification card;
(c) The person has been convicted of violations of alcohol beverage regulations as
defined in Chapter 125 of the Wisconsin Statues and Chapter 4 of this Code, of
crimes against life and bodily security as defined in Chapter 940 of the Wisconsin
Statutes, of crimes against public health and safety as defined by Chapter 941 of the
Wisconsin Statutes, of crimes against property as defined by Chapter 943 of the
Wisconsin Statutes, of crimes against sexual morality as defined by Chapter 944 of
the Wisconsin Statutes, of crimes of interference with law enforcement as defined
by Sections 946.31 through 946.50, inclusive, of the Wisconsin Statutes, of crimes
against public peace, order and other interest as defined by Chapter 947 of the
Wisconsin Statutes, of crimes against children as defined in Chapter 948 of the
Wisconsin Statutes, of violations of the uniform controlled substances act as defined
by Chapter 961 of the Wisconsin Statutes, or comparable municipal ordinance, in
any jurisdiction; or the person knowingly allows another person, who is either on
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 21 Municipal Codes
the premises for which the license under this Section is issued or is the recipient of
an escort service, to commit a violation of the offenses outlined in this paragraph.
(d) Any act or omission of any employee or independent contractor constituting a
violation of the provisions of this ordinance shall be deemed the act or omission of
the operator for purposes of determining whether the operator's license shall be
revoked, suspended or non-renewed.
(H) RESPONSIBILITIES OF THE OPERATOR
(1) The operator of an escort service shall maintain a register of all employees, or independent
contractors, showing the names and aliases used by said individuals, together with the
home address, birth date, sex, telephone numbers, Social Security Number and date of
employment or service and termination. The foregoing information on each shall be
maintained in the register on the premises for a period of three (3) years following
termination.
(2) The operator of an escort service shall make the register available immediately for
inspection by police upon demand at all reasonable times.
(3) Every act or omission by an employee or independent co-contractor constituting a
violation of the provisions of this ordinance shall be deemed the act or omission of the
operator if such act or omission occurs either with the authorization, knowledge or
approval of the operator, or as a result of the operator's negligent failure to supervise the
employee's conduct. The operator shall be punishable for such act or omission in the same
manner as if the operator committed the act or caused the omission.
(I) FEES. The application fee for a license, or any renewal thereof, shall be $500. The application fee
for a photo identification card, or any renewal thereof, shall be $100. There is no proration of fees
for any license or card issued for less than a one-year period, nor shall there be any prorated
refund for license or card that is suspended or revoked. If the application for the initial license or
card, or any renewal thereof, is denied, the fee, less any administrative costs, shall be refunded.
(J) EXEMPTIONS. This Section does not apply to businesses, agencies and persons licensed by the
State of Wisconsin or the City of Oshkosh pursuant to a specific statute or ordinance, and
employees employed by a business so licensed and which performs as an escort or an escort
service function as a service merely incidental to the primary function of such profession,
employment or business and which do not hold themselves out to the public as an escort or an
escort service.
(K) PENALTIES. Any person, partnership, corporation or other entity, who violates any of the
provisions of this Section shall, upon conviction thereof, be punished by a forfeiture of not less
than $250 nor more than $1000, together with the costs of prosecution, and in default of payment
thereof by imprisonment in the County Jail for a period not to exceed sixty (60) days. In addition,
a person convicting of violating this provisions of this Section shall be subject to suspension or
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 22 Municipal Codes
revocation by a court of record of his/her operating privileges as provided within Chapter 343 of
the Wisconsin Statutes. Each day of violation shall constitute a separate offense.
SECTION 8-3 RESERVED
SECTION 8-4 RESERVED
ARTICLE III. COMMERCIAL QUADRICYCLES
SECTION 8-5 REGULATION OF COMMERCIAL QUADRICYCLES
(A) Definitions. The following words, when used in this section, shall have the following meanings:
(1) “Applicant” means the owner of a Commercial Quadricycle seeking to obtain a
Commerical Quadricycle License.
(2) “Commercial Quadricycle” has the meaning given in section 340.01 of the Wisconsin
Statutes.
(3) “Driver” means a person who is at least 18 years of age, holds a valid driver’s license, and
who is responsible for steering and all other operations and functions of a Commercial
Quadricycle. “Driver” does not mean those passengers who are pedaling or have the
opportunity to pedal.
(4) “Fermented Malt Beverages” has the meaning given in section 125.02 of the Wisconsin
Statutes.
(5) “License” means a Commercial Quadricycle license issued in accordance with the
provisions of this section.
(6) “Licensee” means an Applicant who has obtained a Commercial Quadricycle License.
(B) Commercial Quadricycle License
(1) No Commercial Quadricycle shall be operated within the City of Oshkosh without a
License issued by the Common Council as provided for in this section.
(2) Licenses are issued on a calendar year basis and expire on December 31st of each year.
There shall be no pro rata or other reductions for applications made, or for the termination
of operations, during the calendar year.
Commented [LL3]: No changes
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 23 Municipal Codes
(3) Licenses are not transferrable.
(C) License Application
(1) Applicants for a License shall submit an application on a form provided by the
Department of Community Development and pay a nonrefundable application fee of
$100.00 dollars. There will be no additional fee in the event a License is issued.
(2) Licenses are issued one per Commercial Quadricycle. If an Applicant owns more than
one Commercial Quadricycle, the Applicant will need to apply for a License for each
Commercial Quadricycle.
(3) Applications shall include the following minimum information:
(a) Name, address, and telephone number of the applicant. If the applicant is a legal
entity, then the application shall also identify the person who is authorized to act
in all respects for the entity.
(b) The serial number of the Commercial Quadricycle, the number of persons the
Commercial Quadricycle is designed to carry, and a photograph of the
Commercial Quadricycle.
(c) A detailed description and map of the proposed route(s) on which the Commercial
Quadricycle is to be operated, including the location of where passengers will be
picked up and dropped off and where the Commercial Quadricycle is intended to
be parked.
(d) Proof of liability and property insurance in amounts and in the form required by
the City at the time of application.
(e) All additional information as the City may require.
(4) The Department of Community Development shall forward the application to the
Common Council for consideration as an action item. The Department of Community
Development shall also provide Common Council with a report and recommendation.
Prior to forwarding the application to Common Council, the Department of Community
Development may consult with the applicant, City Departments, City Boards or
Commissions, or others deemed by the City as having information or interests that may
assist the Common Council when making their decision on the application.
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 24 Municipal Codes
(5) Prior to the issuance of any License, the Commercial Quadricycle shall be examined by
the Oshkosh Police Department. If the Commercial Quadricycle is found to be in a
satisfactory and safe condition for the transportation of passengers, in clean and good
appearance, and in compliance with all other provisions of this Article and State Law, the
Oshkosh Police Department shall file a report with the Department of Community
Development confirming compliance. If such examination shows that the Commercial
Quadricycle is not in satisfactory condition, the Oshkosh Police Department shall file a
report of noncompliance and the License shall not be issued.
(6) If the application is approved by Common Council, and a report of compliance is received
from the Oshkosh Police Department, the Department of Community Development shall
issue a written License for the Commercial Quadricycle.
(7) A Licensee is required to comply with the route(s) and other conditions of the License.
New or temporary routes, or other changes of terms, must be approved by the Common
Council by filing an amended application with the Department of Community
Development. There shall be no fee for amended applications from the same Licensee.
(D) License Denial, Revocation, and Appeals
(1) Applications for a License may be denied by the Common Council if it appears that the
approval of the application will for any reason be detrimental to the public health, safety,
and welfare.
(2) Decisions of the Common Council shall represent the final decision of the City and such
decisions may be appealed as otherwise allowed by law.
(3) Any Commercial Quadricycle License may be revoked by Common Council for one or
more of the following reasons:
(a) The Licensee, including any owner, manager, agent, or employee of the Licensee,
has violated the terms of the License, or any provision of this section, or any other
rule, regulation, or code that applies to a Commercial Quadricycle, including state
law.
(b) The Licensee, including any owner, manager, agent, or employee of the Licensee
has been convicted of a felony or misdemeanor that substantially relates to the
operation of a Commercial Quadricycle.
(E) Restrictions on Operation of Commercial Quadricycles
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 25 Municipal Codes
(1) Commercial Quadricycles shall only be operated on routes specified in the approved
License application.
(2) Commercial Quadricycles shall not be operated or parked on a public sidewalk, recreation
trail, or river walk.
(3) Commercial Quadricycles shall not use any public street or any other public property as
a loading, unloading, parking, or waiting area unless such area is a legal motor vehicle
parking space.
(4) Commercial Quadricycles shall not load or unload passengers in any traffic lane, or in any
manner that will in any way adversely affect the safety of passengers or the public, or will
impede or interfere with the orderly flow of traffic on the streets.
(5) Commercial Quadricycles shall not be occupied by passengers or available to carry
passengers after 10:30 pm or before 10:00 am.
(6) Commercial Quadricycles shall be operated in compliance with applicable state and local
traffic and parking laws and in a manner so as to assure the safety of persons and
property.
(7) Commercial Quadricycles shall be driven by persons having in their possession proof of
insurance and a valid driver’s license.
(8) No glass containers are allowed on a Commercial Quadricycle.
(9) No music or amplified sound shall be played, nor noisemakers used, nor yelling or
conversation conducted, in such a manner that the sound carries to nearby residences,
businesses, or properties, and is audible above the level of conversational speech at a
distance of twenty-five (25) feet from the point of origin from the sound.
(10) The License shall be prominently displayed on the Commercial Quadricycle so that the
public, passengers, and City employees or representatives may easily view the content of
the License.
(11) Commercial Quadricycles shall not be driven by anyone that consumes alcohol while the
Commercial Quadricycle is occupied by passengers, including any stops, breaks, or
transport to and from active operations.
(12) Commercial Quadricycles shall not be driven by anyone who has an alcohol concentration
of more than 0.02.
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 26 Municipal Codes
(13) No alcohol beverages other than Fermented Malt Beverages shall be carried or consumed
on a Commercial Quadricycle.
(14) No alcohol beverage shall be sold on a Commercial Quadricycle. This includes the
prohibition of delivery on the Commercial Quadricycle of alcohol beverages previously
sold by a caterer.
(15) Each passenger on a Commercial Quadricycle is permitted to carry on to the Commercial
Quadricycle up to 36 ounces of Fermented Malt Beverages. No other alcohol beverages
may be possessed on, carried upon, or consumed on a Commercial Quadricycle by
passengers.
(16) Any police officer of the City, County, or State may at all reasonable times, inspect any
Commercial Quadricycle that is licensed under this Article and may prohibit the use of
any Commercial Quadricycle that is found to be unsafe, not in proper repair, or not
otherwise in compliance with this Article or State law.
(F) Penalties: In addition to other fines, penalties, and/or charges that can be imposed under
Municipal Code and state law, the violation of the terms of this Section by the Licensee, or any
person, organization, or entity violating this Ordinance or responsible for violating this
Ordinance, shall be punishable by a forfeiture of $75.00. Each day of violation shall be
considered a separate offense. In addition, the City may enforce this Section by immediately
revoking the License, seeking injunctive relief, and all other remedies available in law and equity.
SECTION 8-6 RESERVED
SECTION 8-7 RESERVED
SECTION 8-8 RESERVED
SECTION 8-9 RESERVED
ARTICLE IV. MURALS
SECTION 8-10 MURALS
(A) Definitions
1. Mural: A one-of-a-kind, hand-produced, or digitally printed work of visual art
that is either affixed to or painted directly on the exterior wall of a structure with
the permission of the building owner.
a. Murals may not contain a Commercial Message as defined in Chapter 30
of this Code.
Commented [LL4]: No changes
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 27 Municipal Codes
2. Mural Attribution and Sponsorship Recognition:
a. Mural Attribution: Information located within or adjacent to a mural that
identifies the artist name(s) and/or artist’s business name. Mural
Attributions must meet the following requirements:
i. Attribution shall contain only the artist name(s) and date
ii. Number of Attribution areas #: one (1) for each mural
iii. Attribution Placement: if incorporated into mural
1. Attribution area: maximum size no more than 10% of mural
size or no larger than 3 square feet, whichever is less.
iv. Attribution Placement: if adjacent to mural
2. Attribution area: must be within Sponsorship Recognition
area
b. Sponsorship Recognition: Information located adjacent to a mural that
identifies the mural sponsor’s name or sponsor’s business or association
name. Sponsorship Recognitions must meet the following requirements:
i.Shall contain only a sponsor’s name
ii. Number of Sponsorship Recognition areas: one (1) area shall be
permitted for each mural which may contain any number of
individual sponsors
iii.Sponsorship Placement: adjacent to mural
iv.Sponsorship Recognition area: maximum size = 11” x 17”
v.Sponsorship Recognition placement: wall mounted
vi. Sponsorship Recognition text: A uniform font must be used for the
entire sponsorship recognition; different fonts are not permitted.
The Sponsorship Recognition should only contain text; logos are
not permitted.
vii.Must meet current ADA requirements
(B) Mural Permit
No mural shall be installed unless a mural permit is obtained by the owner, or
their agent, from the Planning Services Manager, or their designee.
(C) Application Requirements
Permit application shall contain, but not be limited to, the following information:
1. Site plan showing the lot and building dimensions and indicating the
proposed location of the mural.
2. Pictures of the building elevations.
3. A scaled drawing of the building elevation showing the proposed size and
placement of the mural.
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 28 Municipal Codes
4. A colored draft of the proposed mural.
5. A description of the proposed maintenance schedule that includes the
timeframe for the life of the mural and method for removal, if applicable.
6. Mural material and how it will be attached
(D) Fees
The Mural Permit application fee shall be as established by Resolution of the
Common Council. See the Fee Schedule for details.
(E) Prohibited Mural Types
1. Murals or other representations which imitate or appear to imitate any official
traffic sign or device which appears to regulate or direct the movement of traffic
or which interferes with the proper operation of any traffic sign or signal, or which
obstructs or physically interferes with a motor vehicle operator’s view of
approaching, merging, or intersecting traffic.
2. Murals are prohibited in all Residential Zoning Districts: Single Family
Residential-2, Single Family Residential-3, Single Family Residential-5, Single
Family Residential-9, Duplex Residential-6, Two Family Residential-10, Multi-
Family Residential-10, Multi-Family Residential-12, Multi-Family Residential-20,
Multi-Family Residential-36, Mobile Home Residential-9
3. Murals are not permitted on the primary façade of a building. A primary façade
is defined (for purposes of this section) as the building elevation that faces the
adjacent street right-of-way and is the primary customer entrance.
4. Murals affixed, applied or mounted above, upon or suspended from any part of
the roof of a structure that would diminish the structural integrity.
5. Murals shall not project from the wall surface, other than the minimum necessary
protrusion to mount the mural to the wall or structure.
6. Murals containing true threats (a serious expression of an intent to commit an act
of unlawful violence).
7. Murals containing a Commercial Message as defined in Chapter 30.
8. Murals containing obscene content. For purposes of this section, any material is
obscene if applying contemporary community standards:
a) The predominant appeal is to a prurient interest in sex; and
b) The average person would find the material depicts or describes sexual
content in a patently offensive way; and
c) A reasonable person would find the material lacks serious literary, artistic,
political, or scientific value.
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 29 Municipal Codes
(F) Standards
1. Surface Preparation. Sand and high-pressure water blasting are not permitted as
a cleaning process for either surface preparation or for mural maintenance
purposes in any historic district or any building on the Local, State, or National
Register of Historic Buildings.
(G) Maintenance
1. The mural shall be kept in good condition for the life of the mural according to the
maintenance schedule and responsibilities approved by the Planning Services
Manager, or their designee.
2. The display surface shall be kept clean and neatly painted and free from
corrosion.
3. Any mural that is not maintained, faded, or is in disrepair shall be removed or
covered with opaque paint, similar to the primary building materials/colors or
other appropriate material as ordered by the Planning Services Manager, or their
designee.
(H) Mural Permit Approval
1. No mural permit shall be approved unless the Planning Services Manager,
or their designee, shall find that the requirements of this Section have been
fulfilled.
2. Permit Denial. A mural permit applicant may appeal the decision of the
Planning Services Manager to deny a mural permit. Said appeal shall be
made in writing to the Planning Services Manager and said appeal shall be
made within 30 days of the decision by the Planning Services Manager to
deny the permit. Appeals will be heard by the Board of Appeals to
determine if the Planning Services Manager’s decision to deny the permit
is consistent with the provisions of this Section of the Municipal Code.
SECTIONS 8-11 THROUGH 8-38 RESERVED
ARTICLE V. RESERVED
SECTION 8-39 RESERVED
SECTION 8-40 RESERVED
SECTION 8-41 RESERVED
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 30 Municipal Codes
SECTION 8-42 RESERVED
ARTICLE IXV. AMBULANCE AND MEDICAL TRANSPORT SERVICES
SECTION 8-6920 AMBULANCE AND MEDICAL TRANSPORT SERVICES.
I. Purpose. The Common Council hereby utilizes its authority identified in Sections 62.11(5)
and 62.133, Wisconsin Statutes, and other enabling statutes and regulations, to enact this
Ordinance for the purpose of ensuring that citizens within the municipal; boundaries are
properly served in emergency circumstances through the City of Oshkosh’s emergency
transport, and all non-emergency transport operators are providing legitimate and
transparent services. The Common Council has determined that generally limiting
emergency response services to the Oshkosh Fire Department and providing for
supplemental emergency response services to be controlled by the Oshkosh Fire
Department, whose members are specially and highly trained in emergency response, will
provide for a more orderly health care process and chain of command at the location of
emergency situations that will best serve the health, safety, and welfare interests of the
public. In addition, the Common Council has determined that a system of registration and
requiring other ambulance service providers operating with this City of Oshkosh to meet
certain standards and requirements for service as set forth within this ordinance will also
promote an orderly health care process as well as clarity and transparency in services which
will best serve the health, safety, and welfare interests of the public.
II. Definitions.
a. Ambulance: any privately owned motor vehicle or aircraft that is specially designed
or constructed, equipped, and intended to be used for and maintained or operated
for transportation of patients, except that such motor vehicle owned by, or operated
under the direct control of the United States or the State of Wisconsin.
b. Ambulance Service Operator: A person engaged in the business of transporting
patients by ambulance to or from facilities or institutions providing health services.
The term does not include the Oshkosh Fire Department for purposes of this
ordinance.
c. Emergency transport: Any actual or self-perceived event which threatens life, limb,
or the well-being of an individual in such a manner that a need for immediate
medical care is created or an event that requires emergent or unscheduled medical
attention. Any response requiring the use of lights and/or sirens shall be considered
emergency service.
d. Non-emergency transport: Planned transport of a person in a medically stable
condition on a non-emergency or scheduled basis. The term does not include
services of the Oshkosh Fire Department for purposes of this ordinance.
e. Paramedic: A person who is specially trained in emergency cardiac, trauma, and
other lifesaving or emergency procedures in a training program or course of
Commented [LL5]: Moved within Chapter, no
changes made
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 31 Municipal Codes
instruction resulting in certification as an Emergency Medical Technician –
Advanced or Emergency Medical Technician – Paramedic by the National Registry
of Emergency Medical Technicians or the Wisconsin Division of Health. Any
Emergency Medical Technician – Paramedic must also be CPR-certified, which
means they are certified in cardiopulmonary resuscitation according to standards
set by the American Heart Association.
f. Patient: A person who is sick, injured, wounded, or otherwise incapacitated or
helpless, and in need of transportation and/or medical treatment.
g. Person: Any individual, firm, partnership, association, corporation, company,
group of individuals acting together for a common purpose, or organization of any
kind, including government agency other than the United States or State of
Wisconsin.
III. Ambulance Service Within Municipal Boundaries
a. The City of Oshkosh Shall be the Sole Provider of Emergency Transports within
the Oshkosh Municipal Boundaries.
i. Except for the City of Oshkosh and/or its agents, no person, either as owner,
agent, or otherwise, shall furnish, operate, conduct, maintain, advertise, or
otherwise be engaged in, or profess to be engaged in, the business or service
of the emergency transports of patients originating within the municipal
boundaries of the City of Oshkosh.
ii. Non-emergency transports of patients or persons within the municipal
boundaries of the City of Oshkosh may occur subject to the rules and
standards set forth herein.
b. Exceptions: The following Ambulance Service Operators may operate within, or
respond to calls within, the Oshkosh municipal boundaries:
i. Ambulances or similar emergency vehicles operated by or under the direct
control of the United States or the State of Wisconsin;
ii. Ambulances transporting patients from locations outside the municipal
boundaries of the City of Oshkosh into the City of Oshkosh;
iii. Ambulances providing assistance to licensed Ambulance Service Operators
in the case of a Mutual Aid request by the City of Oshkosh, or a major
catastrophe or emergency in which the licensed Ambulance Service
Operators of the City of Oshkosh are unable to address the extent of the
health needs of the catastrophe, emergency, or extreme system overload;
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 32 Municipal Codes
iv. Ambulance transports passing through the City of Oshkosh which
originated from a point outside the City and having a destination point also
outside the City;
v. Aircraft, including “Flight for Life” or similar services, that transport
patients to or from hospitals within the City of Oshkosh. Such aircraft must
be licensed by the State of Wisconsin to perform such services.
IV. Registration. All Ambulance Service Operators providing non-emergency transports
originating within the municipal boundaries of the City of Oshkosh shall register with the
City. Registrations shall be filed with the City Clerk’s office. The Clerk shall maintain
the Registrations with the official records of the City, and shall transmit copies of all
Registrations, including any supporting documents, to the Fire Chief. The Fire Chief or
their designee shall have the authority to enforce the requirements of this Section. The
Registration shall be on such forms provided by the City and shall include, at a minimum,
the following information:
a. Name and complete contact information for Registrant. This includes name,
address, telephone numbers, and email addresses.
b. Names and contact information for at least one (1) primary and one (1) secondary
agent for the Registrant.
c. If the Registrant is an entity, identify the state of formation.
d. All trade or other corporate names, if any, under which the Registrant does business
or proposes to do business.
e. A copy of all licenses and/or certificates issued by the State of Wisconsin
Department of Health Services or other regulatory body that the Registrant believes
enables it to lawfully perform the proposed services within the City of Oshkosh.
f. The signature of the Registrant or the Registrant’s authorized representative.
g. There shall be no charge for filing the Registration with the City.
V. Standards for Operation of Non-Emergency Transports
a. Each transport vehicle proposed to be used within the City of Oshkosh by an
Ambulance Service Operator shall comply with the following:
i. The color scheme, lettering, messaging, and special markings on transport
vehicles shall be significantly different from the vehicles of all other
Ambulance Service Providers providing services in the City of Oshkosh so
that there can be no confusion between the Registrant and other operators
that have also submitted registrations. There shall be no use of the words
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 33 Municipal Codes
“Oshkosh Fire Department” or variations thereof, located anywhere on the
vehicle.
ii. Any telephone number that states or implies that it is an emergency number
shall be limited to the nationwide designated number for emergencies,
which is “9-1-1”. Any other contact numbers shall clearly designate their
use for non-emergencies only.
iii. Be equipped with radio equipment, as follows:
1. Each transport vehicle shall be equipped with at least one portable
radio capable of transmitting on the Federal Communications
Commission assigned emergency medical frequency and shall be
capable of transmitting from any patient location within the City of
Oshkosh to all Oshkosh hospitals and to 9-1-1 dispatch.
2. Transport vehicle radio operations shall comply with procedures
approved by the Federal Communications Commission and is
compatible with the system used by the City of Oshkosh Fire
Department. Compatibility shall be determined by the Fire Chief,
Oshkosh Fire Department.
b. Ambulance Service Operators providing services within the City of Oshkosh shall
have in effect for all transport vehicles a sufficient policy of insurance issued by an
insurance company licensed to do business in the State of Wisconsin, which shall
provide that the insurance company shall be liable for damages of up to one million
dollars ($1,000,000) for any accident due to the negligent operation of one of the
patient transport vehicles.
VI. Response to Incidents
a. An Ambulance Service Operator shall not respond to a medical emergency incident
within the City of Oshkosh unless called to respond by the Winnebago County
Communication Center, the Oshkosh Fire Department, or direct telephone call in
circumstances described in subsection III.b. of this section.
b. An Ambulance Service Operator receiving a request for an Ambulance to respond
to any medical emergency within the City of Oshkosh from any source other than
the Winnebago County Communication Center or Oshkosh Fire Department, shall
immediately, coincident with its response, provide the Winnebago County
Communications Center with all available information as to the nature and location
of the emergency.
VII. Command at Incident Scene
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 34 Municipal Codes
a. Incident Scene and Patient Care.
i. Upon arrival on the scene of a medical emergency where patient care is
being provided by Oshkosh Fire Department personnel, the Fire Department
personnel remain in charge of the incident in accordance with state law.
ii. In all instances when the Oshkosh Fire Department personnel are called to
an incident, they shall be in command of the incident and for all patient care.
iii. It is the obligation of the Ambulance Service Operator personnel to seek out
the Fire Department personnel in command of the incident and patient care.
iv. In the instances where the Oshkosh Fire Department personnel arrive at the
incident first, all subsequent Ambulance Service Operators arriving at the
scene shall act under the command of the Oshkosh Fire Department
personnel.
v. Oshkosh Fire Department personnel remain in command of patient care
until it is specifically relinquished to the Ambulance Service Operator
personnel.
vi. In instances where an Ambulance Service Operator arrives at the incident
first, the Ambulance Service Operator shall relinquish command of the
incident and patient care to the Oshkosh Fire Department personnel upon
their arrival and upon their request to assume command of the incident and
patient care.
b. If the Ambulance Service Operator is at the scene in violation of this Chapter, no
action or inaction of the Oshkosh Fire Department at the scene shall be interpreted
to release or waive the violation.
VIII. Obedience to Traffic Laws, Ordinances and Regulations.
a. The driver of an Ambulance shall comply with all traffic laws relating to the
operation of emergency vehicles, as provided by Section 346.03, Wisconsin
Statute.
b. No siren shall be used when transporting stabilized patients, unless a known
additional emergency response situation exists.
IX. Severability. The provisions of this Ordinance shall be severable and if any of the
provisions shall be held in contravention of the Constitution and laws of the State of
Wisconsin, or the United States, the validity of the rest of the Ordinance shall not be
affected. It is hereby declared to be the intent of this Ordinance that the same would have
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 35 Municipal Codes
been adopted had such unconstitutional or unlawful provisions, if any, not been included
herein.
X. Effective Date. This Ordinance shall become effective ninety (90) days from the date of
publication.
XI. Penalties
a. Any Person that violates any provision of this Section shall be subject to a forfeiture
of not less than One Hundred Dollars ($100.00) but not more than Five Hundred
Dollars ($500.00), together with prosecution.
b. Each day the violation exists shall constitute a separate offense.
c. Nothing in this Section shall preclude the City from taking any other lawful action
in addition to seeking a forfeiture in the event of a violation of this Section.
ARTICLE VI. MOBILE VENDING
SECTION 8-43 REGULATION OF MOBILE VENDORS
I. Definitions:
a. Licensee means an applicant who has obtained a license to conduct a mobile vending
operation pursuant to this chapter.
b. Mobile Vending Operation means vending, selling, serving, displaying, offering for sale or
giving away goods, wares, merchandise, or food from a mobile vending unit.
c. Mobile Vending Unit means any motorized or non-motorized vehicle, trailer, kiosk, pushcart,
stand, display, blanket, ground covering or other device designed to be portable and not
permanently attached to the ground from which any food, goods, wares, or merchandise are
peddled, vended, sold, served, displayed, offered for sale or given away. This includes any
display consisting of food, goods, wares or merchandise being peddled, sold, served,
displayed, or offered for sale. This does not include a mobile wholesale delivery unit that
visits multiple private or public property sites on a daily basis.
d. Mobile Vendor means a person who peddles, vends, sells, serves, displays, offers to sell or
give away food, goods, wares, or merchandise from a mobile vending unit. This term does
not include a mobile wholesale delivery unit that visits multiple private or public property
sites on a daily basis.
Commented [LL6]: No Changes
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 36 Municipal Codes
e. Public Property as used in this ordinance means all property owned by a governmental entity,
but does not include public rights of way.
II. City License Required to Operate
a. No Mobile Vending Unit shall operate within the City of Oshkosh without a Mobile Vending
License issued by the City Department of Community Development.
b. The following Mobile Vending Units are exempt from the requirement to obtain a Mobile
Vending License:
i. Mobile Vending Units that are approved participants of a Special Event;
ii. Mobile Vending Units operating on private property and obtain a Temporary Use Permit.
c. The City’s Mobile Vending License is in addition to all other local, State, or Federal approvals,
permits, or licenses necessary to engage in this activity.
III. Mobile Vending Operations May be Located:
a. On hardscape surfaces on private or public property, except as otherwise specifically limited
or prohibited, with approval of the property owner.
b. On hardscape surfaces in public right of way terrace areas, provided a minimum
unobstructed sidewalk space of five (5) feet from the right of way line is maintained, and two
(2) unobstructed feet from the established face of the curb or street is maintained.
c. In legal on-street public parking spaces, provided the spaces are occupied with vehicles
licensed to operate on streets, roads, and highways. Trailers, carts, wagons, and similar
objects that are otherwise licensed for travel on streets, roads, and highways may occupy an
on-street parking space provided they remain attached to the licensed motorized vehicle
pulling it. All parking rules and regulations must be followed.
d. The right of way terrace areas and on-street parking options are available provided these
locations are not subject to a Special Event approved by the City.
IV. Mobile Vending Operations are prohibited from the following locations:
a. Any City park contrary to the rules set forth in Section 19.4(M) of the Municipal Code except
through a vending contract with the City or as part of an approved Special Event. This
includes driveways, parking areas, sidewalks, and public rights of way within City parks.
b. Any City parking lot except as part of an approved Special Event.
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 37 Municipal Codes
c. Any location which is otherwise included within an area approved for a Special Event within
the City, except for those vendors who are allowed to operate by the organizer of the
approved Special Event.
d. Within thirty-seven & half (37.5) feet of a customer entrance for a full service restaurant, or an
approved sidewalk café, or another Mobile Vendor already occupying a particular location.
The distance from a customer entrance shall be from a line perpendicular from the door frame
and extending into the street.
e. On the City’s Riverwalk, or at a location which utilizes the Riverwalk in any way for the
Mobile Vending Operation.
f. No part of the Mobile Vending Operation can obstruct access to any fire hydrant nor obstruct
the view of any fire hydrant from the street.
g. No Mobile Vending Operation is permitted within five (5) feet of the sides of bus stops or bus
shelters, nor permitted in a manner that interferes with the use of bus stops or interferes with
the ingress and egress from any bus shelter.
h. No Mobile Vending Operation can be located within five (5) feet of a curb-cut, a marked cross-
walk, or any other obstruction including, but not limited to, a parking meter post, sidewalk
bench, bike rack, kiosk, etc.
i. No Mobile Vending Operation can be located to obstruct any truck, freight, or passenger
loading zone, nor adjacent to any disabled parking space.
j. Any location that will obstruct sight distance triangles at intersections.
k. In Residential Districts, except for the following two situations:
i. Continuously mobile, motorized, street - licensed vehicles stopping only for customers or
for no longer than five (5) minutes in anticipation of future customers; and,
ii. Mobile Vendor Operations adjacent to eligible City parks utilizing legal parking spaces or
appropriate hardscape terraces upon the approval of the City Manager, or designee.
Eligible City parks are defined as all City parks except Lakeshore Park, Menominee Park,
Spanbauer Fields, Red Arrow Park, Pollock Community Water Park, Riverside Park, and
Leach Amphitheater.
l. Within one hundred (100) feet of the boundary of a Special Event approved under Chapter 5
of this Municipal Code.
V. Mobile Vending License:
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 38 Municipal Codes
a. All applicants shall submit a completed application to the Department of Community
Development and pay a nonrefundable application/license fee of $100.00 dollars. There will
be no additional charge in the event a Mobile Vending License is issued.
b. Licenses are issued on a calendar year basis. There will be no pro rata or other reductions for
applications during the calendar year.
c. Applications will require information deemed necessary by the City Manager and shall
include the following minimum information:
i. Name and all contact information of the applicant. If the applicant is a legal organization,
then the application shall identify the person who is authorized to act in all respects for
the corporation.
ii. The name and contact information for the person who will be managing, operating, and
making decisions for the Mobile Vending Unit on a day to day basis.
iii. Identification and description of the Mobile Vending Operation and Mobile Vending Unit.
iv. A site plan showing the space the Mobile Vending Unit will occupy.
v. The proposed location(s) of the Mobile Vending Unit.
vi. Copies of other necessary permits or licenses from other governmental agencies
including, without limitation, a health license and a Wisconsin Seller’s permit.
vii. Proof of liability and property insurance. A Mobile Vending License will not be issued
until proof is provided showing that the City of Oshkosh is added as an additional insured
to the Mobile Vendor’s policy.
d. All applicants shall meet with the Department of Community Development and other City
officials to discuss compliance with applicable rules, regulations, and codes, to evaluate the
applicant’s proposed vending site(s), and to answer questions about rules for other potential
vending sites within the City. The Department of Community Development shall arrange a
meeting for the applicant with all City Departments deemed necessary to review the
application.
e. The City Department of Community Development will issue Mobile Vending Licenses for
those who are eligible for License, and shall deny the application of those who are not eligible.
Licenses shall include information deemed necessary by the City Manager, and shall contain
the following minimum information:
i. Name, address, telephone number, and contact person for the Vendor.
ii. Type of vending allowed, such as food or merchandise.
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 39 Municipal Codes
iii. If authorized to vend on private or public property, the license must include the
address(es) on which they are allowed to locate their vending operations.
f. Licenses shall be issued to allow Mobile Vending on private or public property, or on
hardscape surfaces in the right of way, or in on-street public parking spaces, or a combination
of these available locations. Except for private or public property locations, there shall be no
sites assigned to any particular Mobile Vending Operation.
g. Except for private or public property locations, Mobile Vending Sites shall be available on a
daily basis to the first vendor to arrive.
h. Mobile Vending Licenses shall be prominently displayed on the Mobile Vending Unit so that
consumers and/or City employee or representative may easily view the content of the License.
i. Licenses are not transferrable. Licenses may be amended to include operation on private or
public properties or operation on additional private or public properties, by filing an
amended application with the Department of Community Development. There shall be no
charge for amended applications.
VI. License denial, revocation, and appeals.
a. Applications for licenses may be denied by the Department of Community Development if it
appears that the approval of the application will for any reason be detrimental to the health,
safety, and welfare of the public, and including the following reasons:
i. Fraud, misrepresentation, or false statement contained in the application for the license.
ii. Any violation of the provisions of this Chapter within the current or previous calendar
year.
iii. All other necessary approvals including, without limitation, health licenses or seller’s
permits, have not been obtained.
iv. The applicant, principal of applicant, or a manager of applicant’s mobile vending unit has
been convicted within the previous five years of any felony, or misdemeanor that is
substantially related to a Mobile Vending Operation.
v. The applicant, principal of applicant, or a manager of applicant’s mobile vending unit has
admitted to or has been adjudged to have violated any civil consumer law within the
previous five years.
vi. The applicant, principal of applicant, or manager has had a vendor license issued by this
City revoked within the current or prior calendar year.
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 40 Municipal Codes
vii. The applicant is not 18 years of age.
b. Any license issued pursuant to this Chapter may be revoked by the City Department of
Community Development for one or more of the following reasons:
i. The licensee, or manager of the licensee, has violated a provision of this article, or any
other rule, regulation, or code that applies to a Mobile Vending Operation.
ii. The licensee, or licensee’s manager or employee of a Mobile Vending Unit, has been
convicted of a felony, or misdemeanor substantially related to a Mobile Vending
Operation.
c. Application denials and license revocations may be appealed to the City Manager. The City
Manager’s decision shall be the final decision of the City.
VII. Restrictions on Mobile Vending
a. Every licensee operating a Mobile Vending Unit on private or public property shall have and
maintain the written authority or permission to use the private or public property, and shall
provide written evidence to the City Department of Community Development of that
authorization or permission with the Application.
b. Connection of a mobile vending unit or mobile food vending unit to a public source of
electricity, water, or sewer at a mobile vending operation site is prohibited.
c. No Mobile Vending Operation may use any public property such as light poles or other utility
poles, flower planters, trees, or other amenities as a point of attachment for anything,
including ropes, posters, signs, or electrical cords.
d. Mobile Vending Units may be located and operational on public property and public right-
of-way beginning at 8:00 a.m. and ending the same time as the closing time for Class “B”
alcoholic beverage license or permit, with closing time as defined by Wisconsin Statutes or
Oshkosh Municipal Code, whichever is later, except that those mobile vendors operating
within legal on-street parking spaces must comply with all City parking ordinances. The
ending time shall be the time the Mobile Vending Unit has been closed, cleaned, and
completely removed from its vending location on public property. Mobile vending on private
property shall not have any limitations of their time of operation.
e. Mobile Vending Units otherwise located on public property or public right-of-way shall be
removed from their location and returned to their mobile base during the time they are not
allowed to operate as defined in paragraph VII. d., above, and during all other times the
Mobile Vending Unit is not actively operational. A mobile vending unit is actively
operational when an attendant is present and the food or merchandise to be sold is available
for purchase. The mobile vending unit may be inactive for only one consecutive hour, and a
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 41 Municipal Codes
cumulative total of two hours between the hours it is allowed to be located on public property
or public right-of-way.
f. The site that a Mobile Vending Unit is occupying shall at all times be kept clean and free from
litter, garbage, rubble, and debris.
g. Mobile Vending Operations will comply with all applicable noise ordinances.
h. Seating for consumer consumption or use of products sold is not allowed at the site occupied
by the Mobile Vending Unit. One chair, stool, or seat for use by the operator will be allowed.
i. Mobile Vending Units shall occupy a site only large enough to carry out the essential
functions of the Mobile Vending Operation and shall not use a space larger than 6 feet by 10
feet, except for those using on-street public parking spaces.
VIII. Penalties
a. In addition to other potential fines, penalties, and/or charges as described in the Oshkosh
Municipal Code, the violation of the terms of this Chapter by any person, organization, or
entity shall be punishable by a forfeiture of $75.00. Each day of violation shall be considered
a separate offense. In addition, the City may enforce this Chapter by way of immediately
revoking the License, seeking injunctive relief, and all other remedies available in law and
equity.
b. The penalties set forth shall also apply to all persons, organizations, and entities that take
actions or conduct themselves in a manner which requires a Mobile Vending License but the
person, organization, or entity fails or refuses to do so. If any person, organization, or entity
violates any provision of this Chapter, the City shall have the authority to institute
appropriate legal action or proceedings to ensure compliance and to prohibit such person,
organization, or entity from violating these conditions.
SECTION 8-44 RESERVED
ARTICLE VII. DIRECT SELLERS AND SOLICITORS
SECTION 8-45 INTENT OF REGULATIONS
The intent of these regulations is to protect the safety and peaceful enjoyment of the residents of Oshkosh
in their residence and throughout the community and to protect residents from commercial fraud
whenever possible. The Common Council recognizes that constitutional limitations restrict extensive
and broad prohibitions against direct sales and solicitations, but it believes that reasonable regulations
are essential to promote privacy among city residents given that door-to-door type activities as
contemplated herein are not traditional public forums.
Commented [LL7]: No changes
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 42 Municipal Codes
SECTION 8-46 RESERVED
SECTION 8-47 DEFINITIONS
When used in this Article, the following terms shall have the following meanings:
(A) "Direct Solicitor" or “Direct Solicitation” means any individual who, for him/herself, or for a
partnership, association or corporation, who without invitation goes to private homes or
businesses for the purpose of selling goods or services; taking orders for the later delivery of
goods or services, requesting contributions of time, money, or support for any cause, issue or
person; purchasing or collecting scrap metal, furniture, household goods or other scrap materials
or goods, and shall include, but not be limited to peddlers, solicitors, transient merchants,
charitable contributions, junk collectors, proselytizing, and solicitations for political candidates.
SECTION 8-48 RESERVED
SECTION 8-49 RESERVED
SECTION 8-50 REGULATIONS
(A) No Direct Solicitor shall engage in the following practices:
(1) Calling at any dwelling or other place between the hours of 9:00 p.m. and 9:00 a.m. except
by appointment;
(2) Calling at any dwelling or other place where a sign is displayed bearing the words "No
Peddlers" or "No Solicitors" or words of similar meaning;
(3) Calling at the rear door of any dwelling place unless previously arranged;
(4) Remaining on any premises after being asked to leave by the owner, occupant or other
person having authority over such premises;
(5) Misrepresenting or making false, deceptive or misleading statements concerning the
quality, quantity or character of any goods or services offered for sale, the purpose of the
visit, the identity of the caller or the identity of the organization represented;
a) When asked, a direct seller for a charitable organization shall specifically disclose
what portion of the sale price of goods or services offered will actually be used for
the charitable purpose for which the organization is seeking assistance.
(6) Failing to display when requested a document identifying the direct seller or solicitor as
representing an individual, a partnership, an association or a corporation, failing to
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 43 Municipal Codes
display, when requested to do so by any law enforcement officer, such identification or
document.
(7) Impeding the free use of sidewalks, streets and other rights of way by pedestrians and
vehicle;
a) Where sales or solicitations are made by vehicles, all traffic and parking
regulations shall be observed.
(8) Making any loud noises or using any sound amplifying devices to attract customers if the
noise produced is capable of being plainly heard outside a one-hundred (100) foot radius
of the source.
(9) Littering or allowing rubbish or litter to accumulate in or around the area where he/she is
conducting activities.
(10) Violating any applicable state law, including but not limited to Wis. Stat. Ch. 423 and
ATCP 127.
Direct Solicitors who engage in the business of lending money on the deposit of any article or jewelry or
purchasing any article or jewelry with an expressed or implied agreement or understanding to sell it
back at a stipulated price or who engages in the business of purchasing or selling secondhand articles as
regulated by this Chapter and Section 134.71 of the Wisconsin Statutes governing pawnbrokers,
secondhand article and secondhand jewelry dealers must comply with the provisions of this section and
Article VIII of this Chapter.
SECTION 8-51 RESERVED
SECTION 8-52 RESERVED
SECTION 8-53 RESERVED
SECTION 8-54 RESERVED
SECTION 8-55 SEVERANCE CLAUSE
The provisions of this Article are declared to be severable, and if any section, sentence, clause or phrase
of this Article shall for any reason be held to be invalid or unconstitutional, such decision shall not affect
the validity of the remaining sections, sentences, clauses or phrases of this Article, but they shall remain
in effect, it being the legislative intent that this Article shall stand notwithstanding the invalidity of any
part.
SECTION 8-56 RESERVED
SECTION 8-57 RESERVED
SECTION 8-58 RESERVED
SECTION 8-59 RESERVED
SECTION 8-60 RESERVED
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 44 Municipal Codes
SECTION 8-61 RESERVED
ARTICLE VIII. PAWNBROKERS AND SECONDHAND ARTICLE AND JEWELRY
DEALERS
SECTION 8-62 STATE STATUTES ADOPTED
Except as otherwise specifically provided by this article, all provisions of Section 134.71 Wis. Stats.
defining and describing the regulations with respect to pawnbrokers and secondhand article and
secondhand jewelry dealers are hereby adopted by reference and made a part of this code as if fully set
forth herein. It is the intention of this article to include within such references all provisions of section
134.71 Wis. Stats. in effect at the time of adoption of this article together with any applicable revisions
and all future recodifications, renumberings, and amendments unless otherwise expressly provided in
such references. It is the intention of this article that any act required to be performed or prohibited by
section 134.71 Wis. Stats. presently in effect or as may be amended in the future is an act required to be
performed or is an act prohibited by this section.
SECTION 8-63 LICENSE REQUIRED
No person shall carry on the business of a pawnbroker, or secondhand article or secondhand jewelry
dealer within the city without first having obtained a license therefor.
SECTION 8-63.1 DEFINITIONS
(a) "Article" means any of the following articles except jewelry:
(1) Audio-visual equipment, including but not limited to stereos, cassette recorders, compact
disc players, stereo components, cameras, videotape recorders, video cameras, portable
stereos, audio tapes, compact discs, recording tapes, video tapes, albums, visual or
electromagnetic tapes, and similar materials.
(2) Bicycles.
(3) China.
(4) Computers, printers, software, hardware, and computer supplies.
(5) Computer games and toys.
(6) Crystal.
(7) Electronic equipment.
(8) Fur coats and other fur clothing.
(9) Ammunition and knives.
(10) Microwave ovens.
(11) Office equipment.
(12) Pianos, organs, guitars, keyboards and other musical instruments.
(13) Silverware and flatware.
Commented [LL8]: No changes
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 45 Municipal Codes
(14) small electrical appliances.
(15) telephones and answering machines.
(b) Any word not defined herein shall have that meaning specified within section 134.71 Wis. Stats.
SECTION 8-64 PROPERTY TRANSACTION RECORDS
For each transaction of purchase, receipt, or exchange of any secondhand article or secondhand jewelry
from a customer, a pawnbroker, secondhand article or secondhand jewelry dealer shall electronically
submit the required property transaction information to an electronic reporting service specified by the
Oshkosh Police Department by the close of business each day according to the following procedures.
(a) Pawnbrokers, secondhand article and secondhand jewelry dealers using point of sale software
shall ensure compatibility of their software with the specified electronic reporting service, and
shall electronically transfer all required information from their computer to the specified
electronic reporting service via internet connection.
(b) Pawnbrokers, secondhand article and secondhand jewelry dealers not using point of sale
software, but having 200 or more reportable transactions during the previous calendar year, shall
either acquire point of sale software and adhere to the requirements set forth in paragraph (a)
above; or, if the specified electronic reporting service allows, manually enter all reportable
transactions into the database via internet connection.
(c) Pawnbrokers, secondhand article and secondhand jewelry dealers subject to electronic reporting
shall take a color, digital photograph of every item purchased, received, or exchanged that does
not have a unique serial or identification number affixed. This section specifically includes
jewelry, coins, currency, and bullion. One group photo shall suffice for mass items acquired in
one transaction. When a photograph is taken it must be maintained in such a manner that it can
be readily matched and correlated with all other records of the same transaction, and must be
made available for inspection by law enforcement for a period of not less than one year from the
date of transaction.
(d) Electronic submission of property transaction information and digital photography of property
shall be encouraged but not required for pawnbrokers, secondhand article and secondhand
jewelry dealers having fewer than 200 reportable transactions during the previous calendar year.
When electronic submission of reportable transactions is not made according to the provisions
set forth in paragraphs (a) or (b) above, Property Transaction Forms shall be manually completed
and submitted according to the following procedures:
(1) Forms shall be obtained from the Oshkosh Police Department. Forms are identified by
number and the pawnbroker, secondhand article or secondhand jewelry dealer shall be
solely responsible for each form. A copy of each form shall be provided to the Oshkosh
Police Department upon request. Each form must be accounted for by the pawnbroker,
secondhand article or secondhand jewelry dealer.
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 46 Municipal Codes
(2) This form shall be completed by the pawnbroker or secondhand article or secondhand
jewelry dealer and signed by the customer.
(3) The form shall be completed in ink. Entries must be legible. No entry on such form may
be erased, mutilated or changed.
(4) The form shall be completed in its entirety. All articles must be described and documented
in detail sufficient to differentiate the article from other like articles. If the item has a serial
number or other identifying information or unique characteristics such information shall
be noted on the form.
(5) The pawnbroker, secondhand article or secondhand jewelry dealer shall retain an original
of each form for not less than one year from the date of the transaction. Duplicate forms
shall be provided to law enforcement agencies upon request.
(6) Forms shall be made available for inspection during business hours by the Oshkosh Police
Department or other law enforcement agency upon request.
(7) Each form shall be physically kept with the article(s) detailed upon the form for the
required holding period.
(8) The pawnbroker, secondhand article or secondhand jewelry dealer shall, in addition to
the property transaction forms, keep a written inventory and records of declaration of
ownership as required by state statute.
SECTION 8-65 HOLDING PERIODS
(a) Any secondhand article or secondhand jewelry purchased or received by a pawnbroker as a
secondhand article shall be kept on the pawnbroker's premises or other place for safekeeping for
not less than 30 days after the date of purchase or receipt, unless the person known by the
pawnbroker to be the lawful owner of the secondhand article or secondhand jewelry recovers it.
(b) Any secondhand article or secondhand jewelry purchased or received by a secondhand dealer as
a secondhand article shall be kept on the secondhand dealer’s premises or other place for
safekeeping for not less than 21 days after the date of purchase or receipt.
(c) If a pawnbroker, secondhand article or secondhand jewelry dealer is required or otherwise elects
to submit electronic reports under section 8-64, the secondhand article or secondhand jewelry
purchased or received shall be kept on the pawnbroker’s or secondhand dealer’s premises or
other place for safekeeping for not less than 7 days after the date of the purchase or receipt.
(d) Subsections (a) and (b) above shall not apply to articles consigned to a pawnbroker, secondhand
article or secondhand jewelry dealer.
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 47 Municipal Codes
(e) During the holding period the secondhand article or secondhand jewelry shall be held separate
and apart from any other merchandise carried by the dealer and shall not be altered or modified
in any manner.
(f) During the holding period the pawnbroker, secondhand article or secondhand jewelry dealer
shall permit any law enforcement officer to inspect the article. Articles held off premises shall be
made available for inspection under this section within 24 hours, or a reasonable time in the case
of weekends or holidays, of a request by a law enforcement officer.
(g) Any law enforcement officer who has reason to believe any secondhand article or secondhand
jewelry was not sold or exchanged by the lawful owner may direct a pawnbroker, secondhand
article or secondhand jewelry dealer to hold that article for a reasonable length of time which the
law enforcement officer considers necessary to identify it.
SECTION 8-66 MINORS
No pawnbroker, secondhand article or secondhand jewelry dealer shall engage in a transaction of
purchase, exchange or receipt of any secondhand article or secondhand jewelry from a minor unless the
minor is accompanied by the minor's parent or guardian.
SECTION 8-67 COINS, CURRENCY, AND BULLION
Any pawnbroker, secondhand article or secondhand jewelry dealer receiving any coin or currency, any
gold or silver coin or gold or silver bullion shall not be required to comply with the holding periods
within section 8-65 but shall otherwise be required to comply with the provisions of this article.
SECTION 8-67.1 RIGHT TO INSPECT
A license holder under this article shall make available for inspection, by any law enforcement officer at
any reasonable time, the licensed premises and any items on the licensed premises. Any items stored
off-premises shall be made available for inspection under this section upon request by a law enforcement
officer.
SECTION 8-68 PENALTIES
(a) Upon conviction for a first offense under this article, a person shall forfeit not less than $75 nor
more than $1000.
(b) Upon conviction for a second offense under this article, a person shall forfeit not less than $525
nor more than $2000.
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 48 Municipal Codes
ARTICLE IX. AMBULANCE AND MEDICAL TRANSPORT SERVICES
SECTION 8-69 AMBULANCE AND MEDICAL TRANSPORT SERVICES.
I. Purpose. The Common Council hereby utilizes its authority identified in Sections 62.11(5)
and 62.133, Wisconsin Statutes, and other enabling statutes and regulations, to enact this
Ordinance for the purpose of ensuring that citizens within the municipal; boundaries are
properly served in emergency circumstances through the City of Oshkosh’s emergency
transport, and all non-emergency transport operators are providing legitimate and
transparent services. The Common Council has determined that generally limiting
emergency response services to the Oshkosh Fire Department and providing for
supplemental emergency response services to be controlled by the Oshkosh Fire
Department, whose members are specially and highly trained in emergency response, will
provide for a more orderly health care process and chain of command at the location of
emergency situations that will best serve the health, safety, and welfare interests of the
public. In addition, the Common Council has determined that a system of registration and
requiring other ambulance service providers operating with this City of Oshkosh to meet
certain standards and requirements for service as set forth within this ordinance will also
promote an orderly health care process as well as clarity and transparency in services which
will best serve the health, safety, and welfare interests of the public.
II.I. Definitions.
a. Ambulance: any privately owned motor vehicle or aircraft that is specially designed
or constructed, equipped, and intended to be used for and maintained or operated
for transportation of patients, except that such motor vehicle owned by, or operated
under the direct control of the United States or the State of Wisconsin.
b.a. Ambulance Service Operator: A person engaged in the business of transporting
patients by ambulance to or from facilities or institutions providing health services.
The term does not include the Oshkosh Fire Department for purposes of this
ordinance.
c.a. Emergency transport: Any actual or self-perceived event which threatens life, limb,
or the well-being of an individual in such a manner that a need for immediate
medical care is created or an event that requires emergent or unscheduled medical
attention. Any response requiring the use of lights and/or sirens shall be considered
emergency service.
d.a. Non-emergency transport: Planned transport of a person in a medically stable
condition on a non-emergency or scheduled basis. The term does not include
services of the Oshkosh Fire Department for purposes of this ordinance.
e.a. Paramedic: A person who is specially trained in emergency cardiac, trauma, and
other lifesaving or emergency procedures in a training program or course of
Commented [LL9]: Moved above, No changes
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 49 Municipal Codes
instruction resulting in certification as an Emergency Medical Technician –
Advanced or Emergency Medical Technician – Paramedic by the National Registry
of Emergency Medical Technicians or the Wisconsin Division of Health. Any
Emergency Medical Technician – Paramedic must also be CPR-certified, which
means they are certified in cardiopulmonary resuscitation according to standards
set by the American Heart Association.
f.a. Patient: A person who is sick, injured, wounded, or otherwise incapacitated or
helpless, and in need of transportation and/or medical treatment.
g.a. Person: Any individual, firm, partnership, association, corporation, company,
group of individuals acting together for a common purpose, or organization of any
kind, including government agency other than the United States or State of
Wisconsin.
III.I. Ambulance Service Within Municipal Boundaries
a. The City of Oshkosh Shall be the Sole Provider of Emergency Transports within
the Oshkosh Municipal Boundaries.
i. Except for the City of Oshkosh and/or its agents, no person, either as owner,
agent, or otherwise, shall furnish, operate, conduct, maintain, advertise, or
otherwise be engaged in, or profess to be engaged in, the business or service
of the emergency transports of patients originating within the municipal
boundaries of the City of Oshkosh.
ii.i. Non-emergency transports of patients or persons within the municipal
boundaries of the City of Oshkosh may occur subject to the rules and
standards set forth herein.
b.a. Exceptions: The following Ambulance Service Operators may operate within, or
respond to calls within, the Oshkosh municipal boundaries:
i. Ambulances or similar emergency vehicles operated by or under the direct
control of the United States or the State of Wisconsin;
ii.i. Ambulances transporting patients from locations outside the municipal
boundaries of the City of Oshkosh into the City of Oshkosh;
iii.i. Ambulances providing assistance to licensed Ambulance Service Operators
in the case of a Mutual Aid request by the City of Oshkosh, or a major
catastrophe or emergency in which the licensed Ambulance Service
Operators of the City of Oshkosh are unable to address the extent of the
health needs of the catastrophe, emergency, or extreme system overload;
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 50 Municipal Codes
iv.i. Ambulance transports passing through the City of Oshkosh which
originated from a point outside the City and having a destination point also
outside the City;
v.i. Aircraft, including “Flight for Life” or similar services, that transport
patients to or from hospitals within the City of Oshkosh. Such aircraft must
be licensed by the State of Wisconsin to perform such services.
IV.I. Registration. All Ambulance Service Operators providing non-emergency transports
originating within the municipal boundaries of the City of Oshkosh shall register with the
City. Registrations shall be filed with the City Clerk’s office. The Clerk shall maintain
the Registrations with the official records of the City, and shall transmit copies of all
Registrations, including any supporting documents, to the Fire Chief. The Fire Chief or
their designee shall have the authority to enforce the requirements of this Section. The
Registration shall be on such forms provided by the City and shall include, at a minimum,
the following information:
a. Name and complete contact information for Registrant. This includes name,
address, telephone numbers, and email addresses.
b.a. Names and contact information for at least one (1) primary and one (1) secondary
agent for the Registrant.
c.a. If the Registrant is an entity, identify the state of formation.
d.a. All trade or other corporate names, if any, under which the Registrant does business
or proposes to do business.
e.a. A copy of all licenses and/or certificates issued by the State of Wisconsin
Department of Health Services or other regulatory body that the Registrant believes
enables it to lawfully perform the proposed services within the City of Oshkosh.
f.a. The signature of the Registrant or the Registrant’s authorized representative.
g.a. There shall be no charge for filing the Registration with the City.
V.I. Standards for Operation of Non-Emergency Transports
a. Each transport vehicle proposed to be used within the City of Oshkosh by an
Ambulance Service Operator shall comply with the following:
i. The color scheme, lettering, messaging, and special markings on transport
vehicles shall be significantly different from the vehicles of all other
Ambulance Service Providers providing services in the City of Oshkosh so
that there can be no confusion between the Registrant and other operators
that have also submitted registrations. There shall be no use of the words
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 51 Municipal Codes
“Oshkosh Fire Department” or variations thereof, located anywhere on the
vehicle.
ii.i. Any telephone number that states or implies that it is an emergency number
shall be limited to the nationwide designated number for emergencies,
which is “9-1-1”. Any other contact numbers shall clearly designate their
use for non-emergencies only.
iii.i. Be equipped with radio equipment, as follows:
1. Each transport vehicle shall be equipped with at least one portable
radio capable of transmitting on the Federal Communications
Commission assigned emergency medical frequency and shall be
capable of transmitting from any patient location within the City of
Oshkosh to all Oshkosh hospitals and to 9-1-1 dispatch.
2.1. Transport vehicle radio operations shall comply with procedures
approved by the Federal Communications Commission and is
compatible with the system used by the City of Oshkosh Fire
Department. Compatibility shall be determined by the Fire Chief,
Oshkosh Fire Department.
b.a. Ambulance Service Operators providing services within the City of Oshkosh shall
have in effect for all transport vehicles a sufficient policy of insurance issued by an
insurance company licensed to do business in the State of Wisconsin, which shall
provide that the insurance company shall be liable for damages of up to one million
dollars ($1,000,000) for any accident due to the negligent operation of one of the
patient transport vehicles.
VI.I. Response to Incidents
a. An Ambulance Service Operator shall not respond to a medical emergency incident
within the City of Oshkosh unless called to respond by the Winnebago County
Communication Center, the Oshkosh Fire Department, or direct telephone call in
circumstances described in subsection III.b. of this section.
b.a. An Ambulance Service Operator receiving a request for an Ambulance to respond
to any medical emergency within the City of Oshkosh from any source other than
the Winnebago County Communication Center or Oshkosh Fire Department, shall
immediately, coincident with its response, provide the Winnebago County
Communications Center with all available information as to the nature and location
of the emergency.
VII.I. Command at Incident Scene
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 52 Municipal Codes
a. Incident Scene and Patient Care.
i. Upon arrival on the scene of a medical emergency where patient care is
being provided by Oshkosh Fire Department personnel, the Fire Department
personnel remain in charge of the incident in accordance with state law.
ii.i. In all instances when the Oshkosh Fire Department personnel are called to
an incident, they shall be in command of the incident and for all patient care.
iii.i. It is the obligation of the Ambulance Service Operator personnel to seek out
the Fire Department personnel in command of the incident and patient care.
iv.i. In the instances where the Oshkosh Fire Department personnel arrive at the
incident first, all subsequent Ambulance Service Operators arriving at the
scene shall act under the command of the Oshkosh Fire Department
personnel.
v.i. Oshkosh Fire Department personnel remain in command of patient care
until it is specifically relinquished to the Ambulance Service Operator
personnel.
vi.i. In instances where an Ambulance Service Operator arrives at the incident
first, the Ambulance Service Operator shall relinquish command of the
incident and patient care to the Oshkosh Fire Department personnel upon
their arrival and upon their request to assume command of the incident and
patient care.
b.a. If the Ambulance Service Operator is at the scene in violation of this Chapter, no
action or inaction of the Oshkosh Fire Department at the scene shall be interpreted
to release or waive the violation.
VIII.I. Obedience to Traffic Laws, Ordinances and Regulations.
a. The driver of an Ambulance shall comply with all traffic laws relating to the
operation of emergency vehicles, as provided by Section 346.03, Wisconsin
Statute.
b.a. No siren shall be used when transporting stabilized patients, unless a known
additional emergency response situation exists.
IX.I. Severability. The provisions of this Ordinance shall be severable and if any of the
provisions shall be held in contravention of the Constitution and laws of the State of
Wisconsin, or the United States, the validity of the rest of the Ordinance shall not be
affected. It is hereby declared to be the intent of this Ordinance that the same would have
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 53 Municipal Codes
been adopted had such unconstitutional or unlawful provisions, if any, not been included
herein.
X.I. Effective Date. This Ordinance shall become effective ninety (90) days from the date of
publication.
XI.I. Penalties
a. Any Person that violates any provision of this Section shall be subject to a forfeiture
of not less than One Hundred Dollars ($100.00) but not more than Five Hundred
Dollars ($500.00), together with prosecution.
b.a. Each day the violation exists shall constitute a separate offense.
c.a. Nothing in this Section shall preclude the City from taking any other lawful action
in addition to seeking a forfeiture in the event of a violation of this Section.
SECTIONS 8-70 THROUGH 8-74 RESERVED
ARTICLE X. JUNK YARDS AND COLLECTORS
DIVISION 1. JUNK YARDS
SECTION 8-75 LICENSE REQUIRED.
No person, firm or corporation shall store at any place in the City any old iron, old bottles, old rags,
paper, old auto tires, or any other kind of junk until a license therefor shall have been secured as provided
in this Section.
SECTION 8-76 APPLICATION FOR LICENSE.
(A) Application for license accompanied by the prescribed fee shall be made to the City Clerk and
shall state the property to be used for the storage junk and other things mentioned in Section 8-75,
the name of the applicant, the name of the owner of the property, and, if the property is leased, a
copy of applicant's lease. The City Clerk shall refer said application to the Common Council
which may in its discretion grant said applicant a license.
Upon the allowance of a license by the Common Council, the City Clerk shall issue said license.
SECTION 8-77 LICENSE FEE; TERM.
The license fee shall be Twenty Dollars ($20.00) for a period of one (1) year or fraction thereof, and shall
Commented [LL10]: No changes
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 54 Municipal Codes
expire on the 30th day of June after its date, unless revoked as hereinafter provided. All licenses that
expire on June 30, 1968, under this ordinance shall receive a refund of Ten Dollars ($10.00).
SECTION 8-78 LOCATION RESTRICTED.
No license shall be issued to store any of the things mentioned in Section 8-75 within two hundred fifty
feet (250') of any dwelling house, in an area other than the heavy industrial district east of South Main
Street and south of the Fox River, on the same street, or at any place within one hundred fifty feet (150')
of North or South Main Street.
SECTION 8-79 INSPECTION AND INVESTIGATION.
(A) Every licensee shall permit inspection of his premises and junk by the police officers of the City
at all reasonable hours.
(B) The Chief of the Fire Department shall cause to be investigated each and every junk yard at least
once each year.
SECTION 8-80 REVOCATION OF LICENSE.
(A) The Council may, upon evidence being submitted that any junk yard is being conducted in any
unsanitary manner, or that there is a fire hazard created by the said junk yard, or that the said
junk yard licensee has violated any ordinance of the City or law of the State relating to buying or
storage of junk, revoke said license, and no license shall thereafter be issued to any one to conduct
a junk yard upon the premises for a period of one (1) year.
(B) The fact that a license has been issued shall not be deemed to make the City a party to such
business, and shall not be a bar to any party in an action to abate a nuisance.
SECTION 8-81 SANITARY CONDITION REQUIRED
Each licensee shall keep his said junk yard in a sanitary condition, and shall keep inflammable material
in such a manner so that there will be minimum fire danger.
SECTION 8-82 HEIGHT LIMIT ON JUNK PILES.
No iron, scrap or other material shall be piled over fifteen feet (15') high in any junk yard.
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 55 Municipal Codes
SECTION 8-83 RESTRICTIONS ON DISMANTLING.
No vehicle, or other article of junk shall be broken up, or dismantled upon any street or alley and no part
of the same shall be left by any licensee in any street or alley. No junk shall be stored within fifteen feet
(15') of any street unless enclosed in a building as concealed from view from said street.
ARTICLE XI. NON-ISSUANCE OF LICENSES AND PERMITS
SECTION 8-88 NON-ISSUANCE OF CITY LICENSES AND PERMITS/DELINQUENT TAXES,
ASSESSMENTS AND SPECIAL CHARGES
(A) Unless otherwise specifically provided within this municipal code, licenses and permits required
for the carrying on of a trade or business within the City may be granted or renewed but shall not
be issued:
1) Premises. For any premises for which taxes, assessments, or special charges are
delinquent and unpaid.
a. This subsection 1) shall not apply to prohibit the issuance of a license for any
premises if:
i. the unpaid taxes, assessments or special charges were levied against
the premises; and
ii. the license is necessary for the conduct of business on the premises
by a lessee of the premises; and
iii. the licensee and owner have no immediate or extended family,
business, or financial relationship with one another other than as
landlord and tenant.
2) Persons. To any person who is delinquent in the payment of taxes, assessments or special
charges related to the business or property for which the license or permit is sought.
(B) Appeal. Alleged errors in the determination of non-issuance of the license may be appealed to
the Finance Director within 5 days of notice of the non-issuance of the license or permit. The
Finance Director shall issue a notice setting forth a date and time for hearing on the matter, not
less than three (3) days nor more than fifteen (15) days after the date of the notice of hearing. At
the hearing, the complainant and a representative of the City may be represented by counsel, may
present evidence and call and examine witnesses and cross examine witnesses of another party.
Such witnesses shall be sworn or affirmed by the person conducting the hearing. The Finance
Director shall act as the decision maker. If the Finance Director is unable to so act, a decision
maker shall be appointed by the City Manager.
A written determination shall be made directing the continued holding of the license or permit
or the issuance of such license or permit. Within ten (10) days of the hearing, the written
Commented [LL11]: Referenced in New 8-1 and
moved to Chapter 3 Finance, No changes made
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 56 Municipal Codes
determination shall be mailed to all interested parties and shall be placed on file with the City
Clerk by the decision maker. The written decision shall specify the reasons for the decision made.
Within ten days of the date of posting of the written decision, any person aggrieved thereby may
appeal such decision to the Common Council. Appeals shall be taken by filing a notice of appeal
specifying the grounds therefor with the City Clerk. On Appeal the Finance Director or other
decision maker shall forthwith transmit all papers relating to such appeal to the City Clerk. The
Clerk shall give notice of the appeal to the Common Council at its next regular meeting. The
Council shall then fix a reasonable time for hearing of the same and give public notice thereof, as
well as notice to the parties interested, and shall promptly decide the appeal. Any party to the
proceeding as well as any person who may be adversely affected by a decision of the Council
may appear at the hearing and may produce witnesses and be represented by counsel. In
addition to any other witnesses presented, the council may subpoena and examine such other
persons as it may deem necessary for a fair and impartial hearing of the appeal. The Clerk shall
swear or affirm all persons testifying before the council in regard to the appeal, and shall maintain
a record of all testimony and other evidence as may be presented.
The Council may reverse, affirm, or modify the decision of the Finance Director or other decision
maker appealed from, and to this end may direct issuance or non-issuance of any license or
permit. Within ten (10) days after the decision on any appeal, the City Clerk shall cause due
notice thereof in writing to be mailed to all parties to the appeal as well as any other persons who
may have appeared therein at their last known post office address. Such notice shall specify the
grounds for the decision.
Any person aggrieved by the decision of the Common Council on appeal may seek such other
legal relief as may be available.
SECTION 8-89 RESERVED
SECTION 8-90 RESERVED
SECTION 8-91 RESERVED
SECTION 8-92 RESERVED
ARTICLE XII. UTILITY PIPES, POWER LINES AND POLES
SECTION 8-93 PIPE AND CONDUIT REGULATIONS; SCOPE.
All water and gas pipes and all conduits for laying or protecting telephone, telegraph, or other electric
wires in the public streets, alleys, or other public places of the City shall be subject to and governed by
the following rules and regulations.
SECTION 8-94 LOCATION AND ALTERATION.
Commented [LL12]: Removed – will be reviewed
and incorporated as may be appropriate in
revision of Chapter 25 which is currently in
progress
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 57 Municipal Codes
The City shall have the right at any time to designate the location of all water pipes, gas pipes, conduits,
manholes, distributing posts and other necessary appliances, and reserves the right, as against any
improvements of the City, to order alterations in the location of such pipes, conduits, and appliances
connected therewith. Before any such alteration is made, however, at least five (5) days notice in writing
shall be given the president or the local officer in charge of the company, or person, or persons, affected
by the proposed alteration, and reasonable opportunity shall be afforded such person or persons, or the
representative of such company, or any citizens interested, to be heard thereon; but when any such
alteration shall be so ordered, the owner or owners of said pipe or conduit shall, within ten (10) days
thereafter, commence such alteration and complete the same as soon as practicable. Upon their failure
so to do, the City may perform said work at the proper charge or cost to the said owner, and the person
failing to comply with said order shall be deemed in violation of this Section.
SECTION 8-95 APPROVAL OF MATERIAL, SIZE, ETC.
All conduits, manholes and other appliances or fixtures shall be of such material, size and dimensions as
shall be approved by the City Manager, the City Engineer, Board of Public Works, and the City Attorney.
SECTION 8-96 PLAN TO BE SUBMITTED.
Before any person shall lay a conduit for telephone, telegraph or other electric wires upon any street or
alley, such person, persons corporation or association shall submit to the City Manager, Engineer, Board
of Public Works and City Attorney the route of proposed conduit, stating the name of the streets or alleys
thereof, and the exact line and location of the proposed conduit, its distance from the gutter, its depth,
the manner of laying the same and of carrying said wires or cables, and location of the manholes and
distributing poles. No such conduit shall be laid until the written consent and approval of the City
Manager, City Engineer, Board of Public Works and the City Attorney shall first be obtained.
SECTION 8-97 MANNER OF LAYING CONDUIT.
(A) The conduit shall be laid so as not to interfere with the drainage of the street, or interfere with or
damage the streets, water or sewer pipes, or other public or private property. When the conduit
would come into contact with any water, sewer, gas or other pipe, it shall be laid as directed by
the City Engineer. Nothing herein contained shall prevent the laying of conduits under any
stream or electric railway. It shall be the duty of the City Manager, City Engineer, Board of Public
Works and City Attorney to see that the grade of said conduit is sufficiently deep so that it shall
not be necessary thereafter to relay said conduit in improving the street; but whenever it shall be
necessary to lower said conduit, the work shall be done at the expense of the owner or owners
thereof.
(B) The person laying said conduit shall immediately follow the opening of the ditch with the laying
of the conduit, and not more than one (l) block of ditch shall be open at one time. The ditch shall
be refilled as directed by the City Engineer and Board of Public Works. The ditch shall be so filled
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 58 Municipal Codes
as to leave the street in good condition as it was in before the work was commenced. If at any
time within one (l) year after the work is completed, the street is defective by reason of laying
such conduit, it shall be repaired at the cost of the person laying the same.
SECTION 8-98 CITY TO HAVE USE OF CONDUIT
The City shall have the right to use, free of cost, for the use of its Fire and Police Departments, any
conduits laid in the streets, alleys or other public places, and the owner of the conduit shall furnish to the
City, at reasonable cost, all the wires necessary for the use of said Fire and Police Departments; and no
such conduit shall be removed by the owner, or any other person, until the Chiefs of police and Fire
Departments shall have been reasonably notified of the contemplated removal. The Chief of the Fire
Department may remove any telephone, telegraph or other electric wire interfering with the proper
operation of the Fire Department.
SECTION 8-99 INDEMNITY AGREEMENT.
Every person laying any conduit as herein mentioned shall prior to the laying of the same, file an
agreement with the City Clerk, saving the City harmless from any and all injury and damage of every
kind resulting therefrom or from negligence in the construction or operation thereof, or from the wires
therewith connected; and also an agreement giving to the City the use of the conduit, as hereinbefore
prescribed.
SECTION 8-100 SAFE ERECTION OF WIRES.
All such wires must be so carried, placed and protected to avoid all danger of communicating fire by
means of contact with other wires or conductors, or in any other manner to avoid to public or private
property injury.
SECTION 8-101 FRANCHISES.
The construction or laying of any such conduit shall be deemed an acceptance by the person so laying or
constructing the same, of all the conditions and provisions herein contained; and this Chapter so far as
applicable, shall be deemed and become a part of all franchises heretofore or hereafter granted for the
use of telephone, telegraph or other electric wires.
SECTION 8-102 DECISIONS OF OFFICIALS.
(A) In all matters referred to the City Manager, City Engineer, Board of Public Works and City
Attorney, they shall act as one body, the City Manager being chairman thereof; and their
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 59 Municipal Codes
proceedings, decisions and orders shall be reduced to writing, signed, and filed with the City
Clerk, who shall report the same from time to time to the Common Council.
(B) Should the City Manager, City Engineer, Board of Public Works and City Attorney fail to agree
on any matters referred to them for decision, the said matters shall be referred to the Common
Council for its decision.
SECTION 8-103 POWERS RESERVED.
Nothing contained in this Article shall be construed so as to in any manner affect the right of the City in
the future to prescribe any other mode of conducting such wires over or under its thoroughfares. The
terms and provisions of this Article shall apply as well to renewals of or changes in existing lines as to
the original construction of any line of conduits in the City, and no conduit shall be laid unless some of
the parts thereof are intended for present use.
SECTION 8-104 WIRES PROHIBITED ON CERTAIN STREETS.
(A) No wires carrying or capable of carrying electric current shall be strung or suspended over or
along or permitted to remain so strung or suspended upon the following streets: High Avenue
from Commerce Street to Division Street; Pearl Avenue from the east side of Commerce Street to
the east of Market Street; Market Street from Algoma Blvd. to the north side of Pearl Avenue.
(B) This Section shall not apply to the wires now existing on the east side of Market Street its junction
with Commerce Street north to Algoma Blvd., nor to the necessary wires now suspended over
street intersections supporting electric lamps used by the City.
(C) No telegraph or telephone wires shall be strung or suspended over or along the following named
streets, to-wit: State Street from Washington Avenue to Ceape Avenue, Washington Avenue
from North Main Street to State Street, Waugoo Avenue from North Main Street to State Street,
Otter Avenue from North Main Street to State Street, nor on any other street or parts of streets
where underground conduits have been laid for such wires.
SECTION 8-105 REMOVAL OF IMPROPERLY ERECTED WIRES.
Any wires maintained or erected contrary to the terms of the preceding Section, may be summarily
removed by order of the Board of Public Works.
ARTICLE XI. AMUSEMENTS LICENSES
SECTION 8-90 BILLIARDS, POOL AND BOWLING ALLEYS
Commented [LL13]: Moved from Chapter 5 Article
II. No changes made.
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 60 Municipal Codes
(A) LICENSE REQUIRED
No person, firm or corporation shall erect, maintain or permit to be erected or maintained upon his
premises, for gain, any billiard or pool tables or bowling alley without first having obtained a license
therefor as herein provided.
(B) ISSUANCE OF LICENSE
Each license granted shall be issued by the City Clerk upon payment of the prescribed fee, and signed
by the City Manager and City Clerk and shall be sealed with the corporate seal of the City. No license
issued pursuant hereto shall be assignable.
(C) LICENSE FEES; TERM
The annual license fee shall be $10.00 for each individual bowling alley, or nine or ten pin alley in any
bowling establishment, and $5.00 for each billiard table and pool table. Every license shall expire on the
1st day of June next succeeding the granting thereof. No license issued pursuant hereto shall be
assignable.
(D) GAMBLING PROHIBITED
No person licensed to keep a billiard table, pool table or bowling alley shall allow or permit any kind of
rioting, reveling, drunkenness, lewd or disorderly conduct on the licensed premises, or shall use or
permit the use of such billiard table, pool table or bowling alley so kept by him for the purpose of
gambling.
SECTION 8-91 MINIATURE GOLF COURSES
(A) LICENSE REQUIRED
No person, firm or corporation shall operate any miniature golf grounds or any other similar place of
amusement within the City without first having obtained a license as hereinafter provided.
(B) APPLICATION; FEE; TERM
Application for such license shall be made to the City Clerk and shall be accompanied by a license fee of
Five Dollars ($5.00). The application shall be thereafter acted upon by the Council who may grant or
Commented [LL14]: Moved from Chapter 5,
Article V – no changes made
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 61 Municipal Codes
refuse such license in their discretion. The term of this license shall be for one (l) year, expiring on
December 31.
(C) CLOSING HOURS
No license shall keep open his place of business between the hours of eleven thirty (11:30) o'clock p.m.
and eight (8:00) o'clock a.m. All licensees shall conduct their places of business in an orderly and quiet
manner. No licensee shall permit his place of business to be illuminated more than thirty (30) minutes
after the closing time herein provided.
SECTION 8-92 MECHANICAL ENTERTAINMENT DEVICES
(A) LICENSE REQUIRED
No person, firm or corporation shall operate any device, machine or contrivance for entertainment which
is operated by the placing of a coin in said instrument or in any mechanism connected thereto, or by in
any manner paying the owner or operator thereof a fee or charge of any kind, without first obtaining a
license as herein provided.
(B) ISSUANCE OF LICENSE; FEE
The City Clerk shall issue licenses to persons applying therefor for the operation of a mechanical or
electrical entertainment device, or any device or machine mentioned in Section 5-36 above, upon
payment of an annual license fee of Twenty Dollars ($20.00). Said licenses shall be valid for a period of
one (1) year from the 1st day of July, unless sooner revoked as herein provided. Radio and television
sets placed in hospitals or other charitable institutions are exempt from the license fee provided herein.
(C) HOURS RESTRICTED
No person, firm or corporation shall operate or permit to be operated at any restaurant, soft drink parlor,
ice cream parlor, or other place where merchandise of any kind including liquor or fermented malt
beverage is sold, any electrical, or mechanical contrivance or device capable of emitting sound for
entertainment purposes, except during such hours as said establishment is legally open for business,
providing, however, that any such licensee may lose the privilege of operating between the hours of one
(l:00) o'clock a.m. and eight (8:00) o'clock a.m. or such license, upon the filing of a written complaint with
the City Clerk and after a public hearing thereof before the Common Council and notice of such public
hearing given to the licensee.
SECTION 8-93 CIGARETTE SALES.
The license regulating tobacco in the City shall be governed by the provisions of Section 134.65
Commented [LL15]: Moved from Chapter 5 Article
VI. No changes made.
City of Oshkosh Municipal Code
Revised 12/12/23
City of Oshkosh Chapter 8 – Page 62 Municipal Codes
of the Wisconsin Statutes.
(a) The annual fee for such license shall be $100.00. There shall be
no proration of this fee for licenses issued during the license year.
ARTICLE XIII. PENALTIES
SECTION 8-106100 PENALTIES.
Any person who shall violate any of the provisions of this Chapter or of any Section thereof, shall upon
conviction thereof, be punished by a forfeiture of not less than $75.00 nor more than $500.00, together
with the costs of prosecution, and in default of payment thereof, by imprisonment in the County Jail for
a period not to exceed sixty (60) days. Each day of violation shall constitute a separate offense.
City of Oshkosh Municipal Code
Revised thru 04/26/2022
City of Oshkosh Chapter 12 – Page 1 Municipal Code
CHAPTER 12
PROPERTY AND PURCHASING
ARTICLE I. CITY PROPERTIES (RESERVED)
ARTICLE II. PURCHASING
12-7 AUTHORITY
12-8 GENERAL PROVISIONS
12-9 PUBLIC WORKS CONSTRUCTION PROJECTS
12-10 PURCHASE OF EQUIPMENT, MATERIALS, SUPPLIES, AND CONTRACTUAL SERVICES
12-11 SOLE SOURCE
12-12 PURCHASES OF COMMODITIES
12-13 USED OR SURPLUS EQUIPMENT
12-14 EMERGENCY PURCHASES
12-15 COOPERATIVE PURCHASING PROGRAMS
12-16 PROFESSIONAL SERVICES
ARTICLE III. ABANDONED OR SURPLUS PROPERTY
12-17 ABANDONED OR SURPLUS PROPERTY
ARTICLE I. CITY PROPERTIES
ARTICLE I. CITY PROPERTIES
ARTICLE II. PURCHASING
SECTION 12-7 AUTHORITY
The General Services Bureau Manager is hereby designated as the Purchasing Authority for the City of
Oshkosh and shall make all purchases for all City departments, whose funds are under the direction of
the City Manager or Council. The Purchasing Authority will be responsible for city purchases, but may
delegate to others the tasks related to purchasing. Those city entities, whose funds are not under the
direction of the City Manager or Council, may, upon mutual agreement, utilize the services of the
Purchasing Authority. Regardless of whether purchasing is performed by the Purchasing Authority, a
designee of the Purchasing Authority or another city entity, all purchasing shall be done in accordance
with state statutes, municipal code, and the city’s purchasing policies and on the basis of the lowest price
commensurate with quality, service, and delivery.
City of Oshkosh Municipal Code
Revised thru 04/26/2022
City of Oshkosh Chapter 12 – Page 2 Municipal Code
SECTION 12-8 GENERAL PROVISIONS
(A) The City’s Purchasing Authority or City Departments or Divisions may purchase supplies,
equipment, goods and materials, and recommend that the City enter into agreements or contracts
for services or Public Works when the costs of the same have been included in the approved City
budget. Except as specifically excluded by State Statute or this Municipal Code, when the estimated
aggregate costs may exceed twenty-five thousand dollars ($25,000), such purchase shall be
approved by the Common Council by resolution.
(B) The City Manager and his/her designee shall be authorized to enter into agreements or purchase
orders as appropriate, when the costs have been included in the City Budget and the estimated
aggregate costs of the purchase will not exceed twenty-five thousand dollars ($25,000).
(C) No contract or purchase shall be done by serial purchases or otherwise artificially subdivided to
avoid complying with the requirements of this ordinance.
(D) This Chapter shall apply to every purchase regardless of the source of the funds to be used for the
purchase, including state and federal assistance, gifts, grants and any other funds received by the
City, except nothing in this Chapter shall prevent the City from complying with the terms and
conditions of any federal or state grant or other assistance requirements.
(E) Upon approval of the City Manager, the City may enter into multi-year agreements or renew
existing agreements for supplies, equipment, goods and materials, and/or services, with an initial
term of no longer than three (3) years and with extensions thereof up to a maximum of five (5) years
in total duration, when the original bid or quotation requested pricing for multiple years or the
option for renewal and the appropriate department head together with the Purchasing Authority
determines that it is in the best interest of the City to enter into the multi-year agreement or renewal.
(F) Change orders are required for changes in project scope or cost. Change orders will be made in
accordance with the following procedures:
(1) Approval authority. Unless otherwise specified, change orders can be approved by the City
Manager for an amount within the amount budgeted, up to $25,000 or 15% of the contract
price, whichever is lower.
Any change order in excess of the budgeted amount, in excess of $25,000 or in excess of 15%
of the contract price, shall require recommendation by the City Manager and approval by the
Common Council.
(2) For contracts or purchases which were not approved by the Common Council because they
were estimated to not exceed $25,000, change orders shall not cause the total contract or
purchase to exceed $25,000 without Council Approval.
City of Oshkosh Municipal Code
Revised thru 04/26/2022
City of Oshkosh Chapter 12 – Page 3 Municipal Code
(3) Notwithstanding the limitations contained in paragraphs 1 and 2 above, the City Manager
shall have the authority to approve change orders which, in the City Manager’s discretion,
are in the best interests of the City and necessary to not impede progress upon a project or
required by emergency or other necessity. The City Manager shall report change orders
entered into under this paragraph which would have required Council approval to the
Common Council as soon as practicable and within 60 days of approval of the change order.
(G) The City Manager shall prepare and submit to the Common Council a written report concerning
purchases for any vendors or service providers whose total aggregate purchases in a single
calendar year exceed $300,000.
SECTION 12-9 PUBLIC WORKS CONSTRUCTION PROJECTS
(A) Public Bidding – Projects in excess of $25,000. In accordance with Wisconsin State Statute
Section 62.15, as amended or renumbered, and
except as specifically permitted by statute or as provided below, all public works projects for
which the cost may exceed $25,000 must be competitively bid. The bidding and award
process for such projects shall be governed by Section 66.0901, as amended or renumbered,
of the Wisconsin State Statutes.
(B) Public Works Projects less than $25,000. Public Works projects for which the cost is expected
to be less than $25,000 need not be publicly bid however, except as specifically permitted by
statute or as provided below, all Public Works projects for which the cost may exceed $5,000
but are anticipated to not exceed $25,000 must be noticed with a Class I Notice as provided
in Wisconsin State Statute Section 62.15.
(C) Work to be done directly by the City
1) Wisconsin Statutes permit the Common Council by a vote of three-fourths of all the
members-elect to provide by ordinance that any class of public construction or any
part thereof may be done directly by the City without submitting the same for bids.
2) The Council hereby provides that the following classes of work may be performed
directly by the City without submitting the same for bids and without additional
Council approval when in the opinion of the Director of Public Works or Director of
Transportation, as appropriate, such work can be performed by municipal crews in a
timely and cost effective manner and within budget:
a) grading and graveling, repair, resurfacing and reconstruction of streets or alleys;
b) construction, repair or maintenance of sanitary or storm sewers, water mains and
other municipal utilities;
c) repair, alterations or improvements to, and demolition and removal of structures
City of Oshkosh Municipal Code
Revised thru 04/26/2022
City of Oshkosh Chapter 12 – Page 4 Municipal Code
on municipal property or property to be acquired by the City;
d) installation, repair or maintenance of street lights, traffic signals and signage
e) construction, installation, repair or maintenance of electrical, cable or fiber optics
systems
Public works projects other than as specifically listed above, may be done directly by the City
upon specific approval of the project by a vote of three-fourths members-elect of the Common
Council as provided in subsection (1) above.
SECTION 12-10 PURCHASES OF EQUIPMENT, MATERIALS, SUPPLIES, AND
CONTRACTUAL SERVICES
Except as provided in Sections 12-12 through 12-17 below, all purchases of equipment; materials;
supplies; and contractual services, including but not limited to, telephone services, cleaning and dry
cleaning services, rental, repair or maintenance of equipment, machinery or other property to be owned
or used by the City shall be done according to the following procedure:
(A) Purchases or Contracts for Services, Supplies, Materials and Equipment in excess of $25,000 –
Competitive Sealed Bids
When the estimated aggregate costs for contractual services, materials and equipment may exceed
twenty-five thousand dollars ($25,000) the Purchasing Authority, or designee, shall take
competitive sealed bids:
(1) Invitation for Bids. Where competitive sealed bidding is utilized, an Invitation for Bids shall
be issued which shall include a purchase description and all contractual terms and conditions
applicable to the procurement.
(2) Public Notice. Appropriate public notice of the Invitation for Bids shall be given a reasonable
time prior to the date set forth therein for the opening of bids, as required by law, or in
accordance with policy approved by the City Manager.
(3) Bid Opening. Bids shall be opened publicly at the time and place designated in the Invitation
for Bids. The amount of each bid, and such other relevant information as may be specified in
the Invitation for Bids, together with the name of each bidder, shall be recorded. The record
and each bid shall be open to public inspection.
(4) Bid Acceptance. Bids must be submitted timely, be substantially complete and when
applicable, must include any pre-qualification documentation and bond requirements.
(5) Bid Evaluation and Award. Bids shall be evaluated based on the requirements set forth in the
bid documents, which may include criteria to determine acceptability such as inspection,
testing, quality, workmanship, environmental responsibility, economic sustainability,
delivery and suitability for a particular purpose. The contract shall be awarded with
City of Oshkosh Municipal Code
Revised thru 04/26/2022
City of Oshkosh Chapter 12 – Page 5 Municipal Code
reasonable promptness by written notice to the lowest responsible and responsive bidder
whose bid meets the requirements and criteria set forth in the bid documents. Such criteria
may include:
• the ability, capacity, and skill of the bidder to perform the contract or provide the service
required;
• whether the bidder can perform or contract the service promptly or within the time
specified without delay or interference;
• the quality of performance of previous contracts or services;
• the previous and existing compliance by the bidder with laws and ordinances relating to
the contract or service;
• the sufficiency of the financial resources and ability of the bidder to perform the contract
or provide the service;
• the quality, availability and adaptability of the equipment supplies or contractual services
to the particular use required;
• the ability of the bidder to obtain or provide future maintenance and services for the use
of the subject of the contract;
• the number and scope of conditions attached to the bid.
Minor errors in bid procedures shall not be grounds for delaying or prohibiting Common
Council approval of a purchase. Minor errors include, but are not limited to, errors in a
bidder’s completion of bid documents which are not material to the bid itself; which indicate
no apparent prejudice to the public or other bidders, and which have no indication of
compromising the integrity of the bidding process.
The Purchasing Authority shall have authority to reject any and all bids or parts of all bids
and re-advertise or re-solicit bids whenever it is deemed to be in the best interest of the City.
1. Tie Bids. While state law does not allow a local preference, in the event that identical lowest
bids are received for the same contract total amount with unit price, quality and service being
equal, the contract shall be awarded to a bidder with a business located within Oshkosh city
limits. If there is no bidder with a business located within Oshkosh city limits the contract
shall be awarded to one of the tie bidders by drawing lots.
2. Recommendation to Award. A bid tabulation summarizing the bids received for each item
listing the name, bid price and other bid details shall be submitted by the Purchasing
Authority to the City Manager with recommendation to award to the Common Council.
3. Protest. Protests to any sealed bid or bid award recommended by the Purchasing Authority
or his or her designee may be made by any bidder as listed in subsection (1) and (2) below.
Requests for Quotations and Request for Proposals are not bids and protest procedures do
not apply.
City of Oshkosh Municipal Code
Revised thru 04/26/2022
City of Oshkosh Chapter 12 – Page 6 Municipal Code
(1) Bid Specification Protest. Specifications that contain a term, condition or provision
which prevents a vendor from bidding or are alleged to be restrictive relative to the
market and/or the service requirements of the City can be appealed by filing a
written protest with the City of Oshkosh
Purchasing Authority at least five (5) business days prior to bid opening. The protest
shall be in writing and state the reason for it. The Purchasing Authority or his or her
designee shall review protests and, if modifications are necessary, an addenda
containing the changes shall be sent to each bidder and the bid opening date may be
extended. If modification is rejected, the protestor shall be notified. The decision of
the General Purchasing Authority or his or her designee is final.
(2) Bid Award Protest. Protests concerning irregularities on sealed bid opening
procedures, or compliance by bidders with bid documents, must be received by the
Purchasing Authority within seventy-two (72) hours after time of bid opening. A
protest shall be in writing and state the reason for it. The Purchasing Authority or his
or her designee shall review the protest and notify the protestor of a decision in
writing within five business (5) days. No contract shall be awarded while a protest is
pending, unless this action will cause undue harm to the City of Oshkosh. A protest
which is untimely, fails to state the reason for it or made prior to the bid opening is
invalid. The decision of the General Purchasing Authority or his or her designee may
be appealed to the City Manager or his or her designee within seventy-two (72 hours)
of the Purchasing Authority’s notification of modification rejection to the protestor.
The decision of the City Manager or his or her designee is final.
(3) Filing and Notification Requirements. Notification under this paragraph shall mean
notification in writing. Documents filed for protests and Notification may be sent via
United States mail in a manner which provides notification of the date of delivery,
sent via facsimile transmission or email to the email address listed in the bid
documents for the City or to the email address of the protestor as identified within the
protest document. Notification shall be complete upon date of delivery of mail or date
of transmission for facsimile or email service.
4. Protest. FTA funded procurements. For any protest related to a Federal Transportation
Administration (FTA) funded procurement it is the responsibility of the local contract
administrator to keep the FTA informed and updated on the status of the protest. Chapter
VII, Sec. 1.b. of the FTA Circular 4220.1 F addresses protests where federal funds are involved.
The FTA will only review protests regarding matters that are primarily of Federal concern.
City of Oshkosh Municipal Code
Revised thru 04/26/2022
City of Oshkosh Chapter 12 – Page 7 Municipal Code
(B) Purchases or Contracts for Services, Supplies, Materials and Equipment greater than $1,500 but not
in excess of $25,000 – Competitive Quotations
When the purchase of contractual services, supplies, materials and equipment is expected to be
greater $1,500 but not in excess of $25,000, the Purchasing Authority, or designee, shall solicit
competitive quotations for contractual services, supplies, materials and/or equipment.
(1) Competitive quotations. Whenever practicable, the Purchasing Authority shall solicit three
competitive quotations from prospective suppliers.
(2) Solicitation methods. The solicitation will require formal quotations to be delivered to the
Purchasing Authority or designee as specified in the solicitation, in writing by direct mail,
facsimile, telephone, email or in-person delivery by a date and time specified.
SECTION 12-11 SOLE SOURCE
Upon approval of the City Manager to do so without following a formal competitive bidding or quotation
process, the City’s Purchasing Authority or City Departments or Divisions may enter into agreements
for the purchase of service(s), material(s), supplies, or equipment item(s) that is (are) available from only
one source of supply or when standardization or compatibility is the overriding consideration. When
the estimated aggregate cost of a purchase made under this paragraph may exceed twenty-five thousand
dollars ($25,000), such purchase shall be approved by the Common Council by resolution.
SECTION 12-12 PURCHASES OF COMMODITIES
Subject to approval of the City Manager, the City’s Purchasing Authority or City Departments or
Divisions may enter into agreements without following a competitive bidding or quotation process and
without separate approval from the Common Council for the purchase of commodities when the
Purchasing Authority determines that it is in the best interest of the City to do so.
For purposes of this ordinance, commodities shall mean products, such as fuel, which are reasonably
homogenous goods or materials and which may be subject to changes or fluctuations in supply and
demand and market price such that it is impractical or may not be in the best interest of the City to follow
a competitive bidding or quotation process for procurement.
SECTION 12-13 USED OR SURPLUS EQUIPMENT
Subject to approval of the City Manager, the City’s Purchasing Authority or City Departments or
Divisions may enter into agreements without following a competitive bidding or quotation process for
the acquisition of any used or surplus or excess equipment, materials or supplies, from a federal, state or
local government if the Purchasing Authority in consultation with the appropriate department head
determines that such acquisition is in the best interest of the City. When the estimated aggregate cost of
City of Oshkosh Municipal Code
Revised thru 04/26/2022
City of Oshkosh Chapter 12 – Page 8 Municipal Code
a purchase made under this paragraph may exceed twenty-five thousand dollars ($25,000), such
purchase shall be approved by the Common Council by resolution.
SECTION 12-14 EMERGENCY PURCHASES
Subject to approval of the City Manager and without separate approval from the Common Council, the
City’s Purchasing Authority or City Departments or Divisions may enter into agreements without
following a competitive bidding or quotation process for purchases when warranted by an emergency
situation:
(1) that threatens the public health, safety, or welfare and all of the following conditions exist: was
unforeseen, calls for immediate action, and cannot be responded to using established
procurement methods; or
(2) exists as the result of a proclamation under Section 9-2 Declaration of Emergency and
Emergency Powers, of this Code; provided in such case, the Department or Division head
reports such purchases to the Purchasing Authority during the next City Hall working day, or
as soon thereafter as practicable. Purchases made pursuant to the provisions in this paragraph
shall be reported to the Common Council upon Declaration of the end of the Emergency.
SECTION 12-15 COOPERATIVE PURCHASING PROGRAMS
Subject to approval of the City Manager, the City’s Purchasing Authority or City Departments or
Divisions may without following a competitive bidding or quotation process enter into agreements for
purchases pursuant to a contract with any other local, state, or federal governmental unit or agency.
Where a federal, state, or local government or cooperative purchasing group made up of purchasing
officers from a federal, state, or local government, has awarded a contract for the purchase of equipment;
materials; supplies; and contractual services, the Purchasing Authority may, using the same terms and
conditions of the contract, purchase or lease the same equipment; materials; supplies; or contractual
services from the vendor to whom the contract was awarded.
The City may participate in cooperative purchasing agreements with other federal, state, or local
governments.
The City may enter into agreements for the common use or lease of facilities with other units of federal,
state, or local government.
The City Manager shall prepare and submit to the Common Council a written report concerning
purchases made under this paragraph under a competitive bidding process from any cooperative
purchasing program anticipated to exceed $25,000 on a single project. When the estimated costs may
City of Oshkosh Municipal Code
Revised thru 04/26/2022
City of Oshkosh Chapter 12 – Page 9 Municipal Code
exceed $75,000, such purchase, agreement or contract shall be approved by the Common Council by
resolution.
SECTION 12-16 PROFESSIONAL SERVICES
Subject to the approval of the City Manager, the City’s Purchasing Authority, or City Departments or
Divisions without following a competitive bidding or quotation process and without separate approval
from the Common Council may enter into agreements, without regard to the limitation on duration for
multi-year and renewal agreements specified in Section 12-8 of this code, for the purchase of professional
services. For purposes of this ordinance, professional services includes services, the value of which are
substantially measured by the professional competence of the persons performing them and which are
not susceptible to realistic competition by cost alone, including, but not limited to, those customarily
rendered by architects, engineers, surveyors, real estate appraisers, certified public accountants,
attorneys, financial advisors, medical and social service providers, computer software applications,
systems development and implementation, management and other consultants, promotional programs
such as marketing and advertising.
The City Manager shall prepare and submit to the Common Council a written report concerning
purchases made under this paragraph for any professional services anticipated to exceed $25,000 on a
single project. When the estimated costs may exceed $75,000, such purchase, agreement or contract shall
be approved by the Common Council by resolution.
ARTICLE III. ABANDONED OR SURPLUS PROPERTY
SECTION 12-17 ABANDONED OR SURPLUS PROPERTY
(A) Surplus Property
The Purchasing Authority shall dispose of all surplus materials or equipment and all personal
property which has been abandoned or remained unclaimed for a period of 30 days after the City
has taken possession of such property by any of the following means:
(1) On a competitive basis by informal quotation;
(2) By public auction such as Osh-Buy;
(3) By converting such property to City use;
(4) Where the property has no apparent value, by disposal of such property by any appropriate
means.
(5) Where the property is liquor, fermented malt beverages or contraband, by destruction of such
property by any appropriate means.
The Purchasing Authority, or the Oshkosh Police Department in the case of abandoned property
held in its custody, shall maintain as a public record for a period of not less than 2 years from the
date of disposal, an inventory of the abandoned or unclaimed personal property, a record of the
City of Oshkosh Municipal Code
Revised thru 04/26/2022
City of Oshkosh Chapter 12 – Page 10 Municipal Code
date and method of disposal including the consideration, if any received, for the property and the
name and address of the person taking possession of the personal property.
(B) Flammable Property
(1) The Purchasing Authority or designee may safely dispose of abandoned or unclaimed
flammable, explosive or incendiary substance, materials or devices posing a danger to life or
property in their storage, transportation, or use immediately after taking possession of the
substances, materials or devices without a public auction, in consultation with appropriate
authorities.
(2) If such items do not pose an immediate danger and have commercial value in the normal
business usage, or if such items appear to be or are reported stolen, the Purchasing Authority
or designee shall attempt to return such items to the rightful owner if ownership can be
determined; if such attempt is not successful or ownership cannot be determined, the
Purchasing Authority or designee shall dispose of such items as provided in subparagraph
(1) of this subsection.
City of Oshkosh Municipal Code
Revised thru 04/26/2022
City of Oshkosh Chapter 12 – Page 1 Municipal Code
CHAPTER 12
FINANCEPROPERTY AND PURCHASING
ARTICLE I. FISCAL REGULATIONSCITY PROPERTIES (RESERVED)
12-1 FISCAL YEAR AUTHORITY AND JURISDICTION
12-2 CITY MANAGER TO PREPARE ANNUAL BUDGET FACILITY RULES AND REGULATIONS
12-3 BUDGET OVERDRAFTSPENALTIES FOR VIOLATION OF FACILITY RULES AND
REGULATIONS
12-4 CITY OFFICERS TO PAY RECEIPTS MONTHLY
12-5 MUNICIPAL DISBURSEMENTS
12-6 INSTALLMENT PAYMENT OF TAXES AND OTHER CHARGES
ARTICLE II. PURCHASING
12-7 AUTHORITY
12-8 GENERAL PROVISIONS
12-9 PUBLIC WORKS CONSTRUCTION PROJECTS
12-10 PURCHASE OF EQUIPMENT, MATERIALS, SUPPLIES, AND CONTRACTUAL SERVICES
12-11 SOLE SOURCE
12-12 PURCHASES OF COMMODITIES
12-13 USED OR SURPLUS EQUIPMENT
12-14 EMERGENCY PURCHASES
12-15 COOPERATIVE PURCHASING PROGRAMS
12-16 PROFESSIONAL SERVICES
ARTICLE III. ABANDONED OR SURPLUS PROPERTY
12-17 ABANDONED OR SURPLUS PROPERTY
City of Oshkosh Municipal Code
Revised thru 04/26/2022
City of Oshkosh Chapter 12 – Page 2 Municipal Code
ARTICLE I. FISCAL REGULATIONSCITY PROPERTIES (RESERVED)
SECTION 12-1 FISCAL YEAR
The calendar year shall be the fiscal year.
SECTION 12-2 CITY MANAGER TO PREPARE ANNUAL BUDGET
The City Manager shall prepare, submit, and recommend to the Council a proposed annual budget on
or before the 1st day of November of each year.
SECTION 12-3 BUDGET OVERDRAFTS
(A) Prohibited
No City officer, employee, or agent, including the members of all boards and commissions, either
acting individually as officers, employees, or agents, or acting in concert as a board or commission,
shall overdraw the annual budget as adopted by the Common Council for the particular
department or phase of City work with which such officer, employee, agent, board or commission
is charged. Such prohibition against overdrafts is intended to apply to each particular item set out
in the particular budget of each department, or devoted to some particular phase of City work,
except as otherwise allowed pursuant to the following Subsections.
(B) City Manager Action Required for Overdrafts of Accounts
In the event that any overdraft of any divisional budget in the annual budget is to be made the
department head, board or commission officer, agent, or employee requesting the same shall
present his or her request to the City Manager in writing, setting forth the amount requested and
the reason therefore. If the City Manager deems it necessary to permit an overdraft covering the
divisional budget and if there are sufficient and available funds in the departmental budget, the
City Manager may cause the necessary and appropriate transfer to be made by written executive
order.
(C) Council Action Required for Overdrafts of the Approved Annual Budget
In the event that of an overdraft of any approved departmental budget is to be made, the
department head, board or commission officer, agent, or employee requesting the overdraft shall
present his or her request in writing to the City Manager, setting forth the amount requested and
the reason(s) therefore. If the City Manager determines that it is necessary to permit the requested
overdraft, the City Manager shall recommend approval of the overdraft to the Council, the Council
Commented [LL1]: City staff is in the process of reviewing
current policies and considering ordinances in relation to the
authority over and responsibility for various city properties.
City of Oshkosh Municipal Code
Revised thru 04/26/2022
City of Oshkosh Chapter 12 – Page 3 Municipal Code
may then cause the necessary and appropriate transfer to be made in such amount as the Council
shall determine.
SECTION 12-4 CITY OFFICERS TO PAY RECEIPTS MONTHLY
See Section 65.10, Wisconsin Statutes.
SECTION 12-5 MUNICIPAL DISBURSEMENTS
(A) State Statutes Adopted
All municipal disbursements shall be made in accordance with the provisions of Section 66.0607 of
the Wisconsin State Statutes, except as hereafter provided.
(B) Facsimile Signatures of Officials
All order checks shall be signed by the City Manager, City Treasurer, and City Clerk. In lieu of the
personal signatures of the City Manager, City Clerk, and City Treasurer, there may be affixed on
all order checks drawn against a City Depository for all purposes the facsimile signatures of such
persons as adopted by them and the Council. The use of such facsimile signature shall not relieve
any municipal official from any liability to which he or she is otherwise subject, including the
unauthorized use thereof. Any depository shall be fully warranted and protected in making
payment on any check bearing such facsimile notwithstanding that the same may have been placed
thereon without the authority of the designated persons.
(C) Filing Vouchers
Prior to the issuance of any disbursement, a proper voucher containing the name of the claimant
and the address and amount and nature of the claim shall be filed with the City Treasurer either by
the claimant or by the board or commission which authorized the expenditure, who will prepare a
list of the same to be filed with the City Clerk.
(D) Issuance of Orders
Upon the filing of such vouchers, the City Clerk shall issue orders to the City Treasurer in
accordance with said Section 66.0607.
SECTION 12-6 INSTALLMENT PAYMENT OF TAXES AND OTHER CHARGES
Taxes, special assessments, and special charges shall be paid and collected in the City as provided in
Chapter 74 of the Wisconsin Statutes, and as herein provided.
(A) Full Payment
City of Oshkosh Municipal Code
Revised thru 04/26/2022
City of Oshkosh Chapter 12 – Page 4 Municipal Code
Taxes and special assessments may be paid in one payment on or before five (5) working days after
January 31. Special charges and other taxes must be paid in full on or before five (5) working days
after January 31.
(B) Installment Payments
Taxpayers have the option of paying their real estate taxes and special assessments in four
installments, each equal to twenty-five percent (25%) of the total. The due dates for the installments
shall be January 31, March 31, May 31, and July 31. If the payment is not received on or before five
(5) working days after its due date, the total unpaid balance shall become immediately due and
payable and subject to penalty.
(C) Minimum Installment
If the amount of either real estate taxes or special assessments is less than $100, the amount shall be
paid in full on or before five (5) working days after January 31.
(D) Personal Property Taxes
(1) All taxpayers have the option of paying personal property taxes on improvements on leased
land in four installments, each equal to 25% of the total. The due dates for the installments
shall be January 31, March 31, May 31, and July 31. If the payment is not received on or before
five (5) working days after its due date, the total unpaid balance shall become immediately
due and payable and subject to penalty.
(2) Notwithstanding any other provision to the contrary, all personal property taxes not subject
to paragraph (1) above shall be paid in full on or before five (5) working days after January
31.
(E) Interest Penalty
Any payment not received on or before five (5) working days after its due date shall have added
thereto interest at the rate of one percent (1%) per month or fraction thereof until paid in full.
Delinquent payments shall accrue interest as of February 1.
ARTICLE II. PURCHASING
SECTION 12-7 AUTHORITY
The General Services Bureau Manager is hereby designated as the Purchasing Authority for the City of
Oshkosh and shall make all purchases for all City departments, whose funds are under the direction of
the City Manager or Council. The Purchasing Authority will be responsible for city purchases, but may
delegate to others the tasks related to purchasing. Those city entities, whose funds are not under the
direction of the City Manager or Council, may, upon mutual agreement, utilize the services of the
Purchasing Authority. Regardless of whether purchasing is performed by the Purchasing Authority, a
Commented [LL2]: No changes
City of Oshkosh Municipal Code
Revised thru 04/26/2022
City of Oshkosh Chapter 12 – Page 5 Municipal Code
designee of the Purchasing Authority or another city entity, all purchasing shall be done in accordance
with state statutes, municipal code, and the city’s purchasing policies and on the basis of the lowest price
commensurate with quality, service, and delivery.
SECTION 12-8 GENERAL PROVISIONS
(A) The City’s Purchasing Authority or City Departments or Divisions may purchase supplies,
equipment, goods and materials, and recommend that the City enter into agreements or contracts
for services or Public Works when the costs of the same have been included in the approved City
budget. Except as specifically excluded by State Statute or this Municipal Code, when the estimated
aggregate costs may exceed twenty-five thousand dollars ($25,000), such purchase shall be
approved by the Common Council by resolution.
(B) The City Manager and his/her designee shall be authorized to enter into agreements or purchase
orders as appropriate, when the costs have been included in the City Budget and the estimated
aggregate costs of the purchase will not exceed twenty-five thousand dollars ($25,000).
(C) No contract or purchase shall be done by serial purchases or otherwise artificially subdivided to
avoid complying with the requirements of this ordinance.
(D) This Chapter shall apply to every purchase regardless of the source of the funds to be used for the
purchase, including state and federal assistance, gifts, grants and any other funds received by the
City, except nothing in this Chapter shall prevent the City from complying with the terms and
conditions of any federal or state grant or other assistance requirements.
(E) Upon approval of the City Manager, the City may enter into multi-year agreements or renew
existing agreements for supplies, equipment, goods and materials, and/or services, with an initial
term of no longer than three (3) years and with extensions thereof up to a maximum of five (5) years
in total duration, when the original bid or quotation requested pricing for multiple years or the
option for renewal and the appropriate department head together with the Purchasing Authority
determines that it is in the best interest of the City to enter into the multi-year agreement or renewal.
(F) Change orders are required for changes in project scope or cost. Change orders will be made in
accordance with the following procedures:
(1) Approval authority. Unless otherwise specified, change orders can be approved by the City
Manager for an amount within the amount budgeted, up to $25,000 or 15% of the contract
price, whichever is lower.
City of Oshkosh Municipal Code
Revised thru 04/26/2022
City of Oshkosh Chapter 12 – Page 6 Municipal Code
Any change order in excess of the budgeted amount, in excess of $25,000 or in excess of 15%
of the contract price, shall require recommendation by the City Manager and approval by the
Common Council.
(2) For contracts or purchases which were not approved by the Common Council because they
were estimated to not exceed $25,000, change orders shall not cause the total contract or
purchase to exceed $25,000 without Council Approval.
(3) Notwithstanding the limitations contained in paragraphs 1 and 2 above, the City Manager
shall have the authority to approve change orders which, in the City Manager’s discretion,
are in the best interests of the City and necessary to not impede progress upon a project or
required by emergency or other necessity. The City Manager shall report change orders
entered into under this paragraph which would have required Council approval to the
Common Council as soon as practicable and within 60 days of approval of the change order.
(G) The City Manager shall prepare and submit to the Common Council a written report concerning
purchases for any vendors or service providers whose total aggregate purchases in a single
calendar year exceed $300,000.
SECTION 12-9 PUBLIC WORKS CONSTRUCTION PROJECTS
(A) Public Bidding – Projects in excess of $25,000. In accordance with Wisconsin State Statute
Section 62.15, as amended or renumbered, and
except as specifically permitted by statute or as provided below, all public works projects for
which the cost may exceed $25,000 must be competitively bid. The bidding and award
process for such projects shall be governed by Section 66.0901, as amended or renumbered,
of the Wisconsin State Statutes.
(B) Public Works Projects less than $25,000. Public Works projects for which the cost is expected
to be less than $25,000 need not be publicly bid however, except as specifically permitted by
statute or as provided below, all Public Works projects for which the cost may exceed $5,000
but are anticipated to not exceed $25,000 must be noticed with a Class I Notice as provided
in Wisconsin State Statute Section 62.15.
(C) Work to be done directly by the City
1) Wisconsin Statutes permit the Common Council by a vote of three-fourths of all the
members-elect to provide by ordinance that any class of public construction or any
part thereof may be done directly by the City without submitting the same for bids.
2) The Council hereby provides that the following classes of work may be performed
directly by the City without submitting the same for bids and without additional
Council approval when in the opinion of the Director of Public Works or Director of
City of Oshkosh Municipal Code
Revised thru 04/26/2022
City of Oshkosh Chapter 12 – Page 7 Municipal Code
Transportation, as appropriate, such work can be performed by municipal crews in a
timely and cost effective manner and within budget:
a) grading and graveling, repair, resurfacing and reconstruction of streets or alleys;
b) construction, repair or maintenance of sanitary or storm sewers, water mains and
other municipal utilities;
c) repair, alterations or improvements to, and demolition and removal of structures
on municipal property or property to be acquired by the City;
d) installation, repair or maintenance of street lights, traffic signals and signage
e) construction, installation, repair or maintenance of electrical, cable or fiber optics
systems
Public works projects other than as specifically listed above, may be done directly by the City
upon specific approval of the project by a vote of three-fourths members-elect of the Common
Council as provided in subsection (1) above.
SECTION 12-10 PURCHASES OF EQUIPMENT, MATERIALS, SUPPLIES, AND
CONTRACTUAL SERVICES
Except as provided in Sections 12-12 through 12-17 below, all purchases of equipment; materials;
supplies; and contractual services, including but not limited to, telephone services, cleaning and dry
cleaning services, rental, repair or maintenance of equipment, machinery or other property to be owned
or used by the City shall be done according to the following procedure:
(A) Purchases or Contracts for Services, Supplies, Materials and Equipment in excess of $25,000 –
Competitive Sealed Bids
When the estimated aggregate costs for contractual services, materials and equipment may exceed
twenty-five thousand dollars ($25,000) the Purchasing Authority, or designee, shall take
competitive sealed bids:
(1) Invitation for Bids. Where competitive sealed bidding is utilized, an Invitation for Bids shall
be issued which shall include a purchase description and all contractual terms and conditions
applicable to the procurement.
(2) Public Notice. Appropriate public notice of the Invitation for Bids shall be given a reasonable
time prior to the date set forth therein for the opening of bids, as required by law, or in
accordance with policy approved by the City Manager.
(3) Bid Opening. Bids shall be opened publicly at the time and place designated in the Invitation
for Bids. The amount of each bid, and such other relevant information as may be specified in
the Invitation for Bids, together with the name of each bidder, shall be recorded. The record
and each bid shall be open to public inspection.
City of Oshkosh Municipal Code
Revised thru 04/26/2022
City of Oshkosh Chapter 12 – Page 8 Municipal Code
(4) Bid Acceptance. Bids must be submitted timely, be substantially complete and when
applicable, must include any pre-qualification documentation and bond requirements.
(5) Bid Evaluation and Award. Bids shall be evaluated based on the requirements set forth in the
bid documents, which may include criteria to determine acceptability such as inspection,
testing, quality, workmanship, environmental responsibility, economic sustainability,
delivery and suitability for a particular purpose. The contract shall be awarded with
reasonable promptness by written notice to the lowest responsible and responsive bidder
whose bid meets the requirements and criteria set forth in the bid documents. Such criteria
may include:
the ability, capacity, and skill of the bidder to perform the contract or provide the service
required;
whether the bidder can perform or contract the service promptly or within the time
specified without delay or interference;
the quality of performance of previous contracts or services;
the previous and existing compliance by the bidder with laws and ordinances relating to
the contract or service;
the sufficiency of the financial resources and ability of the bidder to perform the contract
or provide the service;
the quality, availability and adaptability of the equipment supplies or contractual services
to the particular use required;
the ability of the bidder to obtain or provide future maintenance and services for the use
of the subject of the contract;
the number and scope of conditions attached to the bid.
Minor errors in bid procedures shall not be grounds for delaying or prohibiting Common
Council approval of a purchase. Minor errors include, but are not limited to, errors in a
bidder’s completion of bid documents which are not material to the bid itself; which indicate
no apparent prejudice to the public or other bidders, and which have no indication of
compromising the integrity of the bidding process.
The Purchasing Authority shall have authority to reject any and all bids or parts of all bids
and re-advertise or re-solicit bids whenever it is deemed to be in the best interest of the City.
1. Tie Bids. While state law does not allow a local preference, in the event that identical lowest
bids are received for the same contract total amount with unit price, quality and service being
equal, the contract shall be awarded to a bidder with a business located within Oshkosh city
limits. If there is no bidder with a business located within Oshkosh city limits the contract
shall be awarded to one of the tie bidders by drawing lots.
2. Recommendation to Award. A bid tabulation summarizing the bids received for each item
listing the name, bid price and other bid details shall be submitted by the Purchasing
Authority to the City Manager with recommendation to award to the Common Council.
City of Oshkosh Municipal Code
Revised thru 04/26/2022
City of Oshkosh Chapter 12 – Page 9 Municipal Code
3. Protest. Protests to any sealed bid or bid award recommended by the Purchasing Authority
or his or her designee may be made by any bidder as listed in subsection (1) and (2) below.
Requests for Quotations and Request for Proposals are not bids and protest procedures do
not apply.
(1) Bid Specification Protest. Specifications that contain a term, condition or provision
which prevents a vendor from bidding or are alleged to be restrictive relative to the
market and/or the service requirements of the City can be appealed by filing a
written protest with the City of Oshkosh
Purchasing Authority at least five (5) business days prior to bid opening. The protest
shall be in writing and state the reason for it. The Purchasing Authority or his or her
designee shall review protests and, if modifications are necessary, an addenda
containing the changes shall be sent to each bidder and the bid opening date may be
extended. If modification is rejected, the protestor shall be notified. The decision of
the General Purchasing Authority or his or her designee is final.
(2) Bid Award Protest. Protests concerning irregularities on sealed bid opening
procedures, or compliance by bidders with bid documents, must be received by the
Purchasing Authority within seventy-two (72) hours after time of bid opening. A
protest shall be in writing and state the reason for it. The Purchasing Authority or his
or her designee shall review the protest and notify the protestor of a decision in
writing within five business (5) days. No contract shall be awarded while a protest is
pending, unless this action will cause undue harm to the City of Oshkosh. A protest
which is untimely, fails to state the reason for it or made prior to the bid opening is
invalid. The decision of the General Purchasing Authority or his or her designee may
be appealed to the City Manager or his or her designee within seventy-two (72 hours)
of the Purchasing Authority’s notification of modification rejection to the protestor.
The decision of the City Manager or his or her designee is final.
(3) Filing and Notification Requirements. Notification under this paragraph shall mean
notification in writing. Documents filed for protests and Notification may be sent via
United States mail in a manner which provides notification of the date of delivery,
sent via facsimile transmission or email to the email address listed in the bid
documents for the City or to the email address of the protestor as identified within the
protest document. Notification shall be complete upon date of delivery of mail or date
of transmission for facsimile or email service.
4. Protest. FTA funded procurements. For any protest related to a Federal Transportation
Administration (FTA) funded procurement it is the responsibility of the local contract
administrator to keep the FTA informed and updated on the status of the protest. Chapter
City of Oshkosh Municipal Code
Revised thru 04/26/2022
City of Oshkosh Chapter 12 – Page 10 Municipal Code
VII, Sec. 1.b. of the FTA Circular 4220.1 F addresses protests where federal funds are involved.
The FTA will only review protests regarding matters that are primarily of Federal concern.
(B) Purchases or Contracts for Services, Supplies, Materials and Equipment greater than $1,500 but not
in excess of $25,000 – Competitive Quotations
When the purchase of contractual services, supplies, materials and equipment is expected to be
greater $1,500 but not in excess of $25,000, the Purchasing Authority, or designee, shall solicit
competitive quotations for contractual services, supplies, materials and/or equipment.
(1) Competitive quotations. Whenever practicable, the Purchasing Authority shall solicit three
competitive quotations from prospective suppliers.
(2) Solicitation methods. The solicitation will require formal quotations to be delivered to the
Purchasing Authority or designee as specified in the solicitation, in writing by direct mail,
facsimile, telephone, email or in-person delivery by a date and time specified.
SECTION 12-11 SOLE SOURCE
Upon approval of the City Manager to do so without following a formal competitive bidding or quotation
process, the City’s Purchasing Authority or City Departments or Divisions may enter into agreements
for the purchase of service(s), material(s), supplies, or equipment item(s) that is (are) available from only
one source of supply or when standardization or compatibility is the overriding consideration. When
the estimated aggregate cost of a purchase made under this paragraph may exceed twenty-five thousand
dollars ($25,000), such purchase shall be approved by the Common Council by resolution.
SECTION 12-12 PURCHASES OF COMMODITIES
Subject to approval of the City Manager, the City’s Purchasing Authority or City Departments or
Divisions may enter into agreements without following a competitive bidding or quotation process and
without separate approval from the Common Council for the purchase of commodities when the
Purchasing Authority determines that it is in the best interest of the City to do so.
For purposes of this ordinance, commodities shall mean products, such as fuel, which are reasonably
homogenous goods or materials and which may be subject to changes or fluctuations in supply and
demand and market price such that it is impractical or may not be in the best interest of the City to follow
a competitive bidding or quotation process for procurement.
SECTION 12-13 USED OR SURPLUS EQUIPMENT
Subject to approval of the City Manager, the City’s Purchasing Authority or City Departments or
Divisions may enter into agreements without following a competitive bidding or quotation process for
City of Oshkosh Municipal Code
Revised thru 04/26/2022
City of Oshkosh Chapter 12 – Page 11 Municipal Code
the acquisition of any used or surplus or excess equipment, materials or supplies, from a federal, state or
local government if the Purchasing Authority in consultation with the appropriate department head
determines that such acquisition is in the best interest of the City. When the estimated aggregate cost of
a purchase made under this paragraph may exceed twenty-five thousand dollars ($25,000), such
purchase shall be approved by the Common Council by resolution.
SECTION 12-14 EMERGENCY PURCHASES
Subject to approval of the City Manager and without separate approval from the Common Council, the
City’s Purchasing Authority or City Departments or Divisions may enter into agreements without
following a competitive bidding or quotation process for purchases when warranted by an emergency
situation:
(1) that threatens the public health, safety, or welfare and all of the following conditions exist: was
unforeseen, calls for immediate action, and cannot be responded to using established
procurement methods; or
(2) exists as the result of a proclamation under Section 9-2 Declaration of Emergency and
Emergency Powers, of this Code; provided in such case, the Department or Division head
reports such purchases to the Purchasing Authority during the next City Hall working day, or
as soon thereafter as practicable. Purchases made pursuant to the provisions in this paragraph
shall be reported to the Common Council upon Declaration of the end of the Emergency.
SECTION 12-15 COOPERATIVE PURCHASING PROGRAMS
Subject to approval of the City Manager, the City’s Purchasing Authority or City Departments or
Divisions may without following a competitive bidding or quotation process enter into agreements for
purchases pursuant to a contract with any other local, state, or federal governmental unit or agency.
Where a federal, state, or local government or cooperative purchasing group made up of purchasing
officers from a federal, state, or local government, has awarded a contract for the purchase of equipment;
materials; supplies; and contractual services, the Purchasing Authority may, using the same terms and
conditions of the contract, purchase or lease the same equipment; materials; supplies; or contractual
services from the vendor to whom the contract was awarded.
The City may participate in cooperative purchasing agreements with other federal, state, or local
governments.
The City may enter into agreements for the common use or lease of facilities with other units of federal,
state, or local government.
City of Oshkosh Municipal Code
Revised thru 04/26/2022
City of Oshkosh Chapter 12 – Page 12 Municipal Code
The City Manager shall prepare and submit to the Common Council a written report concerning
purchases made under this paragraph under a competitive bidding process from any cooperative
purchasing program anticipated to exceed $25,000 on a single project. When the estimated costs may
exceed $75,000, such purchase, agreement or contract shall be approved by the Common Council by
resolution.
SECTION 12-16 PROFESSIONAL SERVICES
Subject to the approval of the City Manager, the City’s Purchasing Authority, or City Departments or
Divisions without following a competitive bidding or quotation process and without separate approval
from the Common Council may enter into agreements, without regard to the limitation on duration for
multi-year and renewal agreements specified in Section 12-8 of this code, for the purchase of professional
services. For purposes of this ordinance, professional services includes services, the value of which are
substantially measured by the professional competence of the persons performing them and which are
not susceptible to realistic competition by cost alone, including, but not limited to, those customarily
rendered by architects, engineers, surveyors, real estate appraisers, certified public accountants,
attorneys, financial advisors, medical and social service providers, computer software applications,
systems development and implementation, management and other consultants, promotional programs
such as marketing and advertising.
The City Manager shall prepare and submit to the Common Council a written report concerning
purchases made under this paragraph for any professional services anticipated to exceed $25,000 on a
single project. When the estimated costs may exceed $75,000, such purchase, agreement or contract shall
be approved by the Common Council by resolution.
ARTICLE III. ABANDONED OR SURPLUS PROPERTY
SECTION 12-17 ABANDONED OR SURPLUS PROPERTY
(A) Surplus Property
The Purchasing Authority shall dispose of all surplus materials or equipment and all personal
property which has been abandoned or remained unclaimed for a period of 30 days after the City
has taken possession of such property by any of the following means:
(1) On a competitive basis by informal quotation;
(2) By public auction such as Osh-Buy;
(3) By converting such property to City use;
(4) Where the property has no apparent value, by disposal of such property by any appropriate
means.
(5) Where the property is liquor, fermented malt beverages or contraband, by destruction of such
property by any appropriate means.
City of Oshkosh Municipal Code
Revised thru 04/26/2022
City of Oshkosh Chapter 12 – Page 13 Municipal Code
The Purchasing Authority, or the Oshkosh Police Department in the case of abandoned property
held in its custody, shall maintain as a public record for a period of not less than 2 years from the
date of disposal, an inventory of the abandoned or unclaimed personal property, a record of the
date and method of disposal including the consideration, if any received, for the property and the
name and address of the person taking possession of the personal property.
(B) Flammable Property
(1) The Purchasing Authority or designee may safely dispose of abandoned or unclaimed
flammable, explosive or incendiary substance, materials or devices posing a danger to life or
property in their storage, transportation, or use immediately after taking possession of the
substances, materials or devices without a public auction, in consultation with appropriate
authorities.
(2) If such items do not pose an immediate danger and have commercial value in the normal
business usage, or if such items appear to be or are reported stolen, the Purchasing Authority
or designee shall attempt to return such items to the rightful owner if ownership can be
determined; if such attempt is not successful or ownership cannot be determined, the
Purchasing Authority or designee shall dispose of such items as provided in subparagraph
(1) of this subsection.
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 17-12 NOTICES, ADVERTISEMENTS AND BILL POSTING
ADVERTISEMENTS ON PRIVATE PROPERTY WITHOUT OWNER'S
CONSENT PROHIBITED
No person shall post paper or otherwise affix or paint any written or painted 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.
City of Oshkosh Municipal Codes
Revised 7/31/07
City of Oshkosh Chapter 18 – Page 1 Municipal Codes
CHAPTER 18
LICENSES
18-1 LICENSE YEAR.
18-2 CIGARETTE SALES.
18-3 NON-ISSUANCE OF CITY LICENSES AND PERMITS/DELINQUENT TAXES,
ASSESSMENTS AND SPECIAL CHARGES.
SECTION 18-1 LICENSE YEAR.
Unless otherwise specifically provided, the license year for licenses granted under the provisions of this
chapter shall begin on July 1st in each year and end on June 30th in the following year.
SECTION 18-2 CIGARETTE SALES.
The license regulating tobacco in the City shall be governed by the provisions of Section 134.65 of the
Wisconsin Statutes.
(a) The annual fee for such license shall be $100.00. There shall be
no proration of this fee for licenses issued during the license year.
SECTION 18-3 NON-ISSUANCE OF CITY LICENSES AND PERMITS/DELINQUENT TAXES,
ASSESSMENTS AND SPECIAL CHARGES.
(A) Unless otherwise specifically provided within this municipal code, licenses and permits shall not
be issued:
1) Premises. For any premises for which taxes, assessments, or special charges are
delinquent and unpaid.
a. This subsection 1) shall not apply to prohibit the issuance of a license for any
premises if:
i. the unpaid taxes, assessments or special charges were levied against
the premises; and
ii. the license is necessary for the conduct of business on the premises
by a lessee of the premises; and
iii. the licensee and owner have no immediate or extended family,
business, or financial relationship with one another other than as
landlord and tenant.
2) Persons. To any person who is delinquent in the payment of taxes,
assessments or special charges related to the business or property for which
the license or permit is sought.
(B) Appeal. Alleged errors in the determination of non-issuance of the license may be appealed to
the Finance Director within 5 days of notice of the non-issuance of the license or permit. The
Finance Director shall issue a notice setting forth a date and time for hearing on the matter, not
less than three (3) days nor more than fifteen (15) days after the date of the notice of hearing. At
Commented [LL1]: Moved to Chapter 8 Licenses and
Permits
Commented [LL2]: Moved to Chapter 8 Licenses and
Permits
Commented [LL3]: Reference in Chapter 8 Licenses and
Permits; substantive provision moved to Chapter 3 Finance
City of Oshkosh Municipal Codes
Revised 7/31/07
City of Oshkosh Chapter 18 – Page 2 Municipal Codes
the hearing, the complainant and a representative of the City may be represented by counsel,
may present evidence and call and examine witnesses and cross examine witnesses of another
party. Such witnesses shall be sworn or affirmed by the person conducting the hearing. The
Finance Director shall act as the decision maker. If the Finance Director is unable to so act, a
decision maker shall be appointed by the City Manager.
A written determination shall be made directing the continued holding of the license or permit or
the issuance of such license or permit. Within ten (10) days of the hearing, the written
determination shall be mailed to all interested parties and shall be placed on file with the City
Clerk by the decision maker. The written decision shall specify the reasons for the decision made.
Within ten days of the date of posting of the written decision, any person aggrieved thereby may
appeal such decision to the Common Council. Appeals shall be taken by filing a notice of appeal
specifying the grounds therefor with the City Clerk. On Appeal the Finance Director or other
decision maker shall forthwith transmit all papers relating to such appeal to the City Clerk. The
Clerk shall give notice of the appeal to the Common Council at its next regular meeting. The
Council shall then fix a reasonable time for hearing of the same and give public notice thereof, as
well as notice to the parties interested, and shall promptly decide the appeal. Any party to the
proceeding as well as any person who may be adversely affected by a decision of the Council
may appear at the hearing and may produce witnesses and be represented by counsel. In
addition to any other witnesses presented, the council may subpoena and examine such other
persons as it may deem necessary for a fair and impartial hearing of the appeal. The Clerk shall
swear or affirm all persons testifying before the council in regard to the appeal, and shall maintain
a record of all testimony and other evidence as may be presented.
The Council may reverse, affirm, or modify the decision of the Finance Director or other decision
maker appealed from, and to this end may direct issuance or non-issuance of any license or
permit. Within ten (10) days after the decision on any appeal, the City Clerk shall cause due notice
thereof in writing to be mailed to all parties to the appeal as well as any other persons who may
have appeared therein at their last known post office address. Such notice shall specify the
grounds for the decision.
Any person aggrieved by the decision of the Common Council on appeal may seek such other
legal relief as may be available.
TO :T O :Honorable Mayor and Members of the Common Council
FRO M :FRO M :Russ Van Gompel, Director of Finance
D A TE :D A T E :February 13, 2024
SUB JEC T:SUB JEC T :*Ord 24-75 Amend Definition of Overtime Parking and Basic Penalties for Violation of Parking
Provisions
B A C KGRO UN DBACKGROUND
Current City ordinances for the enforcement of parking restrictions have been reviewed by staff and it
has been determined the code relating to Violations upon Issuance of Parking Ticket needs to be
updated to reflect fines currently in place in our peer communities.
A N A L Y SI SANALYSIS
Staff receive a significant number of calls and complaints related to illegal parking from residents and
businesses. One way to better manage parking supply is to encourage the purchase of parking permits
and leased parking stalls while also deterring illegal parking. However, with our current fine structure we
have heard that some parkers are choosing to risk receiving a $15 citation instead of purchasing a
permit. The city believes updating parking fines will encourage the purchase of parking permits while also
deterring illegal parking.
In addition to the current fee structure, Section 27-54 allows for two increases, $15 after 10 days, and $35
after 30 days, respectively.
Current
Fee
Proposed
Fee Appleton*Green Bay
No parking 2 a.m. to 5 a.m. $15 $30 $28 $32
Parked on private property $15 $30 $23 $42
Prohibited parking (signed) $15 $30 $23 $32
Unauthorized Use of
Permit/Leased Stall $15 $30
Overtime parking violation $15 $20 $8 - tow $22
Failure to properly display
permit $15 $20 $23 $32
Fraudulent use of parking
permit $15 $50 $23 $32
Disabled Parking Violation $150 $250 $303 $302
Fire lanes $50 $50 $23 N/A
Other violations $15 $30 $23 $22-$42
*City of Appleton fines are listed at $25 higher, but are reduced if paid within 15 days. The discounted
rate is illustrated.
In addition to increasing the basic penalties for parking violations, staff recommends clarifying language
pertaining to overtime parking for those parkers who overstay limits within a particular parking stall. The
proposed ordinance clarifies the definition of application of overtime parking regulations for timed
parking areas and leased and permitted stalls within municipal parking lots, allowing issuance of a
separate violation for every hour in excess of timed limits or every hour of unauthorized use of a permitted
or lease stall.
FI SC A L I M P A CTFISCAL I M P A C T
Additional revenue generated will help dedicate additional resources to consistent enforcement.
REC O M M E N D A TI ONRECOMMENDATION
Staff recommends that Council approve the attached ordinance to amend Chapter 27 Section 53,
Enforcement of Parking Restriction.
A t t a chment sAttachments
Ord 24-75
Ch 27 parking fines - clean
parking fines redline
02/13/2024 24-75 ORDINANCE
FIRST READING
PURPOSE: AMEND DEFINITION OF OVERTIME PARKING AND BASIC PENALTIES FOR VIOLATION OF PARKING
PROVISIONS
INITIATED BY : Finance Department
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTIONS 27-25, 27-52 (B) AND (D) AND 27-53
OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO THE DEFINITION OF OVERTIME PARKING AND TO BASIC
PENALTIES FOR VIOLATION OF PARKING PROVISIONS
WHEREAS, City staff has reviewed the penalties for parking violations in relation to current permit and lease
fees for parking within the city and in comparison with neighboring municipalities; and
WHEREAS, in connection with that review staff believes that it would be beneficial to also clarify the
definition and application of overtime parking regulations in timed parking areas as well as permitted/leased
stalls in municipal parking lots.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Oshkosh as follows:
SECTION 1. That Section 27-25 of the City of Oshkosh Municipal Code pertaining to Overtime Parking is
hereby repealed and recreated as attached.
SECTION 2. That Section 27-52(B) and (D) of the City of Oshkosh Municipal Code pertaining to Overtime
Parking are hereby repealed and recreated as attached.
SECTION 3. That Section 27-53 of the City of Oshkosh Municipal Code pertaining to Basic Penalties for
Violations upon Issuance of a Parking Ticket is hereby repealed and recreated as attached.
SECTION 4. This ordinance shall be in full force and effect from and after its passage and publication.
SECTION 5. Publication Notice
Please take notice that the City of Oshkosh enacted ordinance #24-XXX AMEND DEFINITION OF OVERTIME
PARKING AND BASIC PENALTIES FOR VIOLATION OF PARKING PROVISIONS (A GENERAL ORDINANCE OF THE
CITY OF OSHKOSH AMENDING SECTIONS 27-25, 27-52 (B) AND (D) AND 27-53 OF THE OSHKOSH MUNICIPAL
CODE PERTAINING TO THE DEFINITION OF OVERTIME PARKING AND TO BASIC PENALTIES FOR VIOLATION OF
PARKING PROVISIONS) on February 27, 2024. The ordinance clarifies the definition of application of overtime
parking regulations for timed parking areas and leased and permitted stalls within municipal parking lots
allowing issuance of a separate violation for every hour in excess of timed limits or every hour of unauthorized
use of a permitted or lease stall. The ordinance also increases the basic penalties for 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.
City of Oshkosh Municipal Code
Revised 01/25/22
City of Oshkosh Chapter 27 – Page 1 Municipal Code
CHAPTER 27
VEHICLES AND TRAFFIC
SECTION 27-25 OVERTIME PARKING
It shall be unlawful for any person to park any vehicle in any municipal parking lot, right-of-
way or other municipally owned or operated parking area for a period of time in excess of the
maximum time fixed by ordinance and posted for that parking area.
It shall be unlawful for any person to deposit or cause to be deposited in a parking meter one (l)
or more coins or for any person to use pay and display for the purpose of extending the parking
time beyond the maximum time fixed by ordinance and posted for that parking area.
SECTION 27-52 ENFORCEMENT OF PARKING RESTRICTIONS
B. Overtime Parking. A vehicle that remains in excess of the time period fixed by
ordinance and posted shall be in violation of the overtime parking provisions contained
in this ordinance. Except for violations of overnight parking restrictions, in all areas,
including those areas where the time limit is less than one hour regulated by parking
meters or by sign, a separate violation occurs every hour that the vehicle remains in
violation.
D. Permit/Leased Stall Violations. A separate violation occurs every hour that a
vehicle remains in a permitted/leased stall without a proper permit/lease in violation of
the provisions of this Chapter.
SECTION 27-53 BASIC PENALTIES FOR VIOLATIONS UPON ISSUANCE OF
PARKING TICKET
The basic penalty for violation of the listed parking violations shall be as follows:
No parking 2 a.m. to 5 a.m. ..............................$30
Parked on private property ............................$30
Prohibited parking (signed) ...........................$30
Unauthorized Use of Permit/Leased Stall .$30
Overtime parking violation ............................$20
Failure to properly display permit .................$20
Fraudulent use of parking permit ..................$50
Disabled Parking Violation ..........................$250
Fire lanes ............................................................$50
Other violations ................................................$30
City of Oshkosh Municipal Code
Revised 01/25/22
City of Oshkosh Chapter 27 – Page 1 Municipal Code
CHAPTER 27
VEHICLES AND TRAFFIC
SECTION 27-25 OVERTIME PARKING
It shall be unlawful for any person to park any vehicle in any municipal parking area lot, right-
of-way or other municipally owned or operated parking area for a period of time in excess of
the maximum time fixed by ordinance and posted for that parking area.
It shall be unlawful for any person to deposit or cause to be deposited in a parking meter one (l)
or more coins or for any person to use pay and display for the purpose of extending the parking
time beyond the maximum time fixed by ordinance and posted for that parking area.
SECTION 27-52 ENFORCEMENT OF PARKING RESTRICTIONS
B. Overtime Parking. Every time period that aA vehicle that remains in excess of the
time period fixed by ordinance and posted limit will constitute a new violationshall be in
violation of the overtime parking provisions contained in this ordinance . Except for
violations of overnight parking restrictions, in In all areas, including those areas where
the time limit is greater than 15 minutes and is less than one hour, regulated by parking
meters or by sign, a separate violation occurs every hour that the vehicle remains in
violation.
D. Permit/Leased Stall Violations. A separate violation occurs every hour that a
vehicle remains in a permitted/leased stall without a proper permit/lease in violation of
the provisions of this Chapter.
SECTION 27-53 BASIC PENALTIES FOR VIOLATIONS UPON ISSUANCE OF
PARKING TICKET
The basic penalty for violation of the listed parking violations shall be as follows:
No parking 2 a.m. to 5 a.m. .........................$15 30
Parked on private property ........................$1530
Prohibited parking (signed) .......................$1530
Unauthorized Use of Permit/Leased Stall .$30
Overtime parking violation ........................$1520
City of Oshkosh Municipal Code
Revised 01/25/22
City of Oshkosh Chapter 27 – Page 2 Municipal Code
Failure to properly display permit .............$1520
Fraudulent use of parking permit ..............$1550
Disabled Parking Violation ....................$150250
Fire lanes ............................................................$50
Other violations ............................................$1530
TO :T O :Honorable Mayor and Members of the Common Council
FRO M :FRO M :Jim Collins, Director of Transportation
D A TE :D A T E :February 13, 2024
SUB JEC T:SUB JEC T :*Ord 24-76 Amend Section 27-36 and Appendix 27B Regarding Designation of Parking Spaces
in Downtown Municipal Parking Lots (Transportation Committee Recommends Approval)
B A C KGRO UN DBACKGROUND
The BID has requested some of the designated permitted stalls in the city's downtown parking lots be
converted to free, 2-hour parking and that the city sell 24-hour leased stalls for $50 per month, or $500 per
year.
A N A L Y SI SANALYSIS
Currently, the city sells about 40-80 monthly parking permits. However, there are 239 permitted parking
stalls. Many of these unoccupied permitted parking spaces are in desirable areas for short-term
customer parking. By converting just over 100 stalls from permitted to 2-hour parking, there will be quite a
few more parking stalls available for customers and the city will be revenue neutral.
Selling additional 24-hour leased parking stalls will help generate some revenue for the parking utility as
well as give downtown businesses and residents an option to purchase reserved parking for themselves,
their tenants, and/or employees. It is believed that these stalls will be highly desired. The leased stalls
should move employees and tenants to these stalls and free up convenient short-term parking for
customers. It is likely that with inconsistent enforcement, many employees and tenants park illegally
and/or move their cars throughout the day. Please see the attached list and maps for more information.
B OA RD /COM M I SSI ON I N FORM A TI O NBOARD/C O M M I SSI O N I N FO RM A TI O N
The Transportation Committee recommended approval via roll-call vote at the January 9, 2024, meeting
(5-0).
FI SC A L I M P A CTFISCAL I M P A C T
These changes are expected to increase revenue for the parking utility as more parking stalls are leased.
REC O M M E N D A TI ONRECOMMENDATION
I recommend that the Common Council approve these modifications to Appendix27B of the Municipal
Code pertaining to parking designations in downtown municipal parking lots.
A t t a chment sAttachments
Ord 24-76
Parking Ordinance_clean
Parking Ordinance_redline
Downtown Parking Leased Stalls Proposal
8th Ave
9th Ave
10th Ave
City Hall
P-01 300 West
P-02 CC North
P-03 400 East
P-05 Grand South
P-06 Hotel Ramp
P-07 Library
P-09 Otter
P-10 200 East
P-11 200 West
P-12 Rec Dept
P-13 CC East
P-14 State
P-15 300 East
P-16 400 West
P-17 500 West
P-18 Leach
Spanbauer
02/13/2024 24-76 ORDINANCE
FIRST READING
PURPOSE: AMEND SECTION 27-36 AND APPENDIX 27B REGARDING DESIGNATION OF PARKING SPACES IN
MUNICIPAL PARKING LOTS
INITIATED BY : Transportation Department
TRANSPORTATION COMMISSION RECOMMENDATION: APPROVED
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 27-36 AND APPENDIX 27B OF THE
OSHKOSH MUNICIPAL CODE PERTAINING TO PARKING REGULATIONS WITHIN CITY OWNED PARKING LOTS IN
RELATION TO DESIGNATION OF PARKING SPACES IN MUNICIPAL PARKING LOTS
WHEREAS, the Downtown Business Improvement District (BID) has requested some of the designated permit
stalls in the city’s downtown parking lots be converted to free 2-hour parking and that the city sell 24 hour
leased stalls; and
WHEREAS, other municipal parking lots also contain leased and permitted stalls and it is prudent to update
all municipal parking lot maps for consistency.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Oshkosh as follows:
SECTION 1. That Section 27-36 of the City of Oshkosh Municipal Code pertaining to Regulations in Municipal
Parking Lots is hereby repealed and recreated as attached.
SECTION 2. That the maps for parking designations in municipal parking lots within Appendix 27B of the City
of Oshkosh Municipal Code are hereby repealed and recreated as attached.
SECTION 3. This ordinance shall be in full force and effect from and after its passage, publication and
placement of the appropriate signage.
SECTION 4. Publication Notice
Please take notice that the City of Oshkosh enacted ordinance #24-XXX AMEND SECTION 27-36 AND
APPENDIX 27B REGARDING DESIGNATION OF PARKING SPACES IN MUNICIPAL PARKING LOTS (A GENERAL
ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 27-36 AND APPENDIX 27B OF THE OSHKOSH
MUNICIPAL CODE PERTAINING TO PARKING REGULATIONS WITHIN CITY OWNED PARKING LOTS IN RELATION TO
DESIGNATION OF PARKING SPACES IN MUNICIPAL PARKING LOTS) on February 27, 2024. The ordinance
amends parking regulations and designation of leased and permitted stalls within municipal parking lots to
provide flexibility in permitting or leasing stalls on an individual basis and requires that stalls leased or
permitted be appropriately identified by adequate signage.
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.
City of Oshkosh Municipal Code
Revised 01/25/22
City of Oshkosh Chapter 27 – Page 1 Municipal Code
CHAPTER 27
VEHICLES AND TRAFFIC
ARTICLE V. NON-METERED PARKING RESTRICTIONS
27-35 MUNICIPAL PARKING LOTS
27-36 REGULATIONS IN MUNICIPAL PARKING LOTS
SECTION 27-35 MUNICIPAL PARKING LOTS
As used in this Chapter Municipal Parking Lot shall mean all lands owned by the City of
Oshkosh and used for general public parking lot purposes, including:
8th North Lot
9th South Lot
10th South Lot
200 East Lot
200 West Lot
300 East Lot
300 West Lot
400 East Lot
400 West Lot
500 West Lot
City Hall Lot
Convention Center East
Convention Center North
Grand Lot
Leach Lot
Library Lot
Otter Lot
Rec. Gym Lot
Spanbauer Field Lot
State Lot
SECTION 27-36 REGULATIONS IN MUNICIPAL PARKING LOTS
(A) Appendix 27B Established. Appendix 27B to this Chapter shall set forth maps for each
Municipal Parking Lot. Regulations governing designation of parking spaces, time
City of Oshkosh Municipal Code
Revised 01/25/22
City of Oshkosh Chapter 27 – Page 2 Municipal Code
limits, permit parking, leased parking, employee and visitor parking in the City Hall lot
and other such regulations pertaining to the designation of spaces or time limits for each
Municipal Parking Lot shall be as set forth in appendix 27B to this Chapter.
(B) Proper Parking. No person shall park any vehicle in any Municipal Parking Lot except
within the limits of a designated parking space.
(C) Time Limits. No person shall park any vehicle in any Municipal Parking Lot for a period
of time in excess of the maximum time fixed for that parking space as set forth in
appendix 27B to this Chapter.
(D) Twenty-four (24) hour limit. No person shall park, cause or permit to be parked any
vehicle in any Municipal Parking Lot for more than twenty-four (24) consecutive hours,
except for vehicles displaying a valid leased parking permit.
(E) Hours of Enforcement for Permit Parking, Leased Parking and Time Limited Parking .
Within Municipal Parking Lots, permit parking restrictions and time limitations are
enforced between the hours of 9:00 a.m. and 6:00 p.m. except on weekends and holidays
or as otherwise provided. Daytime leased stalls are enforced between the hours of 7:00
a.m. and 6:00 p.m. except on weekends and holidays or as otherwise provided.
Designated 24 hours leased stalls shall be enforced 24 hours a day 7 days a week.
(F) City Hall Lot Hours of Enforcement. Employee designated and Visitor Parking
Regulations within the City Hall Lot shall apply during the hours of seven (7:00) o’clock
a.m. to five (5:00) o’clock p.m. on Monday thru Friday.
(G) All Night Parking Prohibitions. No person shall permit any vehicle of any kind or
description to be parked in any free (non-permitted or leased) parking stalls in any
municipal parking lot between 2:00 a.m. and 5:00 a.m.
(H) Permission Required for Parking of Certain Types of Vehicles. No person shall park any
type of heavy traffic vehicle, commercial vehicle, trailer, recreational vehicle, motor
home, Electric Scooter, Electric Personal Assistive Mobility Device, bicycle, skateboard,
or any other play vehicle in any Municipal Parking Lot unless special permission is
granted by the City Manager, Director of Transportation or their designee.
(I) Trespassing. No person not having business to attend to in connection with the parking
of a motor vehicle shall trespass or loiter on any Municipal Parking Lot.
(J) Parking Permits
(1) Authority. City Administration is authorized to issue parking permits in
conformity with this Section.
City of Oshkosh Municipal Code
Revised 01/25/22
City of Oshkosh Chapter 27 – Page 3 Municipal Code
(2) Types of permits.
a) An annual permit may be used in any stall designated for permit parking
during the 12-month time period. Annual permits shall be displayed hanging
from the rearview mirror and facing forward.
b) A monthly permit may be used in any stall designated for permit parking
during the monthly permit period. Monthly permits shall be displayed
hanging from the rearview mirror and facing forward.
c) A daily permit may be used in any stall designated for permit parking on the
date indicated on the permit. Immediately upon parking the vehicle, the
parking permit shall be displayed on the inside of the vehicle in accordance
with the rules printed on the permit.
(3) Permit prices. The Common Council shall by resolution establish prices for parking
permits issued under this section.
(4) Designation of spaces. The Common Council shall designate which spaces in
Municipal Parking Lots require parking permits and/or may be leased, upon
recommendations received from the Transportation Committee. Spaces shall be
designated within Appendix B to this Chapter and shall be identified by
appropriate signage within Municipal Parking Lots.
(5) Proper parking and display. No person shall permit any vehicle of any kind or
description to be parked in any permit parking space between the hours of 9:00
a.m. and 6:00 p.m. daily, except on weekends and holidays unless such vehicle is
properly displaying a valid parking permit. Failure to properly display a permit
will be subject to penalties under Sections 27-52 and 27-53 of the City of Oshkosh
Municipal Code. Vehicles displaying such permits shall comply with all other
rules and regulations governing parking within the City.
(6) Permit validity. Parking permits shall be valid only for the date(s) indicated on the
permit. Attempts to fabricate permits or re-use an expired permit will be subject
to penalties under Sections 27-52 and 27-53 of the City of Oshkosh Municipal Code.
(7) Revenues. All revenues collected from permit sales and permit-related violations
shall be deposited to the Parking Utility Budget.
(K) Leased Parking.
(1) Authority. City Administration is authorized to lease spaces within Municipal
Parking Lots in conformity with this Section.
(2) Leased Stall Fees. The Common Council shall by resolution establish fees for
City of Oshkosh Municipal Code
Revised 01/25/22
City of Oshkosh Chapter 27 – Page 4 Municipal Code
parking spaces leased under this section.
(3) Designation of 24-Hour Leased Stalls. The Transportation Director shall designate
which permit spaces designated as permit/leased in Municipal Parking Lots may
be leased for 24 hours to businesses, landlords and/or residents Spaces shall be
designated as permit/leased within Appendix B to this Chapter and shall be
identified by appropriate signage within Municipal Parking Lots. Stalls must be
leased for a minimum of 3 months.
(4) Designation of Daytime Leased Stalls. The Transportation Director shall designate
which permit/leased spaces in Municipal Parking Lots may be leased on a monthly
basis. Enforcement of the monthly daytime leased parking stalls shall be between
7:00 a.m. and 6:00 p.m.
(5) Revenues. All revenues collected from permit and leased stall sales and
permit/lease-related violations shall be deposited to the Parking Utility Budget.
City of Oshkosh Municipal Code
Revised 01/25/22
City of Oshkosh Chapter 27 – Page 1 Municipal Code
CHAPTER 27
VEHICLES AND TRAFFIC
ARTICLE V. NON-METERED PARKING RESTRICTIONS
27-35 MUNICIPAL PARKING LOTS
27-36 REGULATIONS IN MUNICIPAL PARKING LOTS
SECTION 27-35 MUNICIPAL PARKING LOTS
As used in this Chapter Municipal Parking Lot shall mean all lands owned by the City of Oshkosh
and used for general public parking lot purposes, including:
8th North Lot
9th South Lot
10th South Lot
200 East Lot
200 West Lot
300 East Lot
300 West Lot
400 East Lot
400 West Lot
500 West Lot
City Hall Lot
Convention Center East
Convention Center North
Grand Lot
Leach Lot
Library Lot
Otter Lot
Rec. Gym Lot
Spanbauer Field Lot
State Lot
SECTION 27-36 REGULATIONS IN MUNICIPAL PARKING LOTS
(A) Appendix 27B Established. Appendix 27B to this Chapter shall set forth maps for each
Municipal Parking Lot. Regulations governing designation of parking spaces, time limits,
City of Oshkosh Municipal Code
Revised 01/25/22
City of Oshkosh Chapter 27 – Page 2 Municipal Code
permit parking, leased parking, employee and visitor parking in the City Hall lot and other
such regulations pertaining to the designation of spaces or time limits for each Municipal
Parking Lot shall be as set forth in appendix 27B to this Chapter.
(B) Proper Parking. No person shall park any vehicle in any Municipal Parking Lot except
within the limits of a designated parking space.
(C) Time Limits. No person shall park any vehicle in any Municipal Parking Lot for a period of
time in excess of the maximum time fixed for that parking space as set forth in appendix
27B to this Chapter.
(D) Twenty-four (24) hour limit. No person shall park, cause or permit to be parked any
vehicle in any Municipal Parking Lot for more than twenty-four (24) consecutive hours,
except for vehicles displaying a valid leased parking permit.
(E) Hours of Enforcement for Permit Parking, Leased Parking and Time Limited Parking .
Within Municipal Parking Lots, permit parking restrictions, and time limitations and daily
leased stalls are enforced between the hours of 9:00 a.m. and 6:00 p.m. except on weekends
and holidays or as otherwise provided. Daytime leased stalls are enforced between the
hours of 7:00 a.m. and 6:00 p.m. except on weekends and holidays or as otherwise
provided. Designated 24 hours leased stalls shall be enforced 24 hours a day 7 days a
week.
(F) City Hall Lot Hours of Enforcement. Employee designated and Visitor Parking
Regulations within the City Hall Lot shall apply during the hours of seven (7:00) o’clock
a.m. to five (5:00) o’clock p.m. on Monday thru Friday.
(G) All Night Parking Prohibitions. No person shall permit any vehicle of any kind or
description to be parked in any free (non-permitted or leased) parking stalls in any
municipal parking lot between 2:00 a.m. and 5:00 a.m.
(H) Permission Required for Parking of Certain Types of Vehicles. No person shall park any
type of heavy traffic vehicle, commercial vehicle, trailer, recreational vehicle, motor home,
Electric Scooter, Electric Personal Assistive Mobility Device, bicycle, skateboard, or any
other play vehicle in any Municipal Parking Lot unless special permission is granted by the
City Manager, Director of Transportation or their designee.
(I) Trespassing. No person not having business to attend to in connection with the parking of
a motor vehicle shall trespass or loiter on any Municipal Parking Lot.
(J) Parking Permits
(1) Authority. City Administration is authorized to issue parking permits in conformity
City of Oshkosh Municipal Code
Revised 01/25/22
City of Oshkosh Chapter 27 – Page 3 Municipal Code
with this Section.
(2) Types of permits.
a) An annual permit may be used in any stall allowing designated for permit
parking during the 12-month time period and in the municipal parking areas
indicated on the permit. Annual permits shall be displayed hanging from the
rearview mirror and facing forward.
b) A monthly permit may be used in any stall allowing designated for permit
parking during the monthly permit period and in the municipal parking areas
indicated on the permit. Monthly permits shall be displayed on the driver’s side
rear bumper of the vehiclehanging from the rearview mirror and facing forward.
c) A daily permit may be used in any stall allowing designated for permit parking
during on the date indicated and in the municipal parking areas indicated on the
permit. Immediately upon parking the vehicle, the parking permit shall be
displayed on the inside of the vehicle in accordance with the rules printed on the
permit.
(3) Permit prices. The Common Council shall by resolution establish prices for parking
permits issued under this section.
(4) Designation of spaces. The Common Council shall designate which spaces in
Municipal Parking Lots require parking permits and/or may be leased, upon
recommendations received from the Parking Utility Transportation
CommitteeCommission. Spaces shall be designated within Appendix B to this
Chapter and shall be identified by appropriate signage within Municipal Parking
Lots.
(5) Proper parking and display. No person shall permit any vehicle of any kind or
description to be parked in any permit parking space between the hours of 9:00 a.m.
and 6:00 p.m. daily, except on weekends and holidays unless such vehicle is properly
displaying a valid parking permit. Failure to properly display a permit will be
subject to penalties under Sections 27-52 and 27-53 of the City of Oshkosh Municipal
Code. Vehicles displaying such permits shall comply with all other rules and
regulations governing parking within the City.
(6) Permit validity. Parking permits shall be valid only for the date(s) indicated on the
permit. Attempts to fabricate permits or re-use an expired permit will be subject to
penalties under Sections 27-52 and 27-53 of the City of Oshkosh Municipal Code.
(7) Revenues. All revenues collected from permit sales and permit-related violations
shall be deposited to the Parking Utility Commission. Budget.
City of Oshkosh Municipal Code
Revised 01/25/22
City of Oshkosh Chapter 27 – Page 4 Municipal Code
(K) Leased Parking.
(1) Authority. City Administration is authorized to lease spaces within Municipal
Parking Lots in conformity with this Section.
(2) Leased Stall Fees. The Common Council shall by resolution establish fees for parking
spaces leased under this section.
(3) Designation of 24-Hour Leased Stalls. The Common Council Transportation Director
shall designate which permit spaces designated as permit/leased in Municipal
Parking Lots may be leased for 24 hours to businesses, landlords and/or residents
within the BID district boundaries. Spaces shall be designated as permit/leased
within Appendix B to this Chapter and shall be identified by appropriate signage
within Municipal Parking Lots. Stalls must be leased for a minimum of 3 months.
(4) Designation of Daytime Leased Stalls. The Common Council Transportation Director
shall designate which permit/leased spaces in Municipal Parking Lots may be leased
on a monthly basis. Enforcement of the monthly daytime leased parking stalls shall
be between 7:00 a.m. and 6:00 p.m.
(5) Revenues. All revenues collected from permit and leased stall sales and
permit/lease-related violations shall be deposited to the Parking Utility
BudgetCommission.
P-3 443 Jefferson Street 53 61 12 19 26 11 91 91
P-16 17 Church Avenue 114 132 0 10 70 46 184 188
P-14 306 State Street 0 16 0 0 20 4 20 20
P-5 125 High Avenue 40 82 0 2 59 15 99 99
P-10 205 State Street 23 23 0 2 9 7 32 32
P-11 10 Pearl Avenue 7 22 0 3 24 6 31 31
P-15 17 Washington Avenue 23 23 0 2 5 3 28 28
P-17 20 Church Avenue 25 21 0 0 8 8 33 29
P-1 115 Algoma Boulevard 36 43 0 4 15 4 51 51
TOTAL 321 423 12 42 236 104 569 569
Difference 102 30 -132
If not leased, stalls will remain Permit Parking. Once leased/paid for, the stall's signage will be changed out.
Initial leases for each stall will be for a minimum of three (3) months for each Lessee.
Cost of a leased stall will be $50/month or $500/year
Signage will be consistent with other city parking lot signage - same size, font, block style lettering
Stalls will be leased on a first come, first serve basis per Calendar Month. Tentative start date for leased stalls March 1
Parking permits will still be available for $30/month or $360/year
Enforcement will be handled by Lessee with assistance upon request from the Police Department as time/resources allow.
* Current leased space agreement expires 12/2024.
Current
2 Hour
Spaces
Proposed
2 Hour
Spaces
Current
Leased
Spaces *
Proposed
Leased
Spaces
Current
Permit
Spaces
Proposed
Permit
Spaces
Current
Total
Proposed
Total
400 East Lot *
400 West Lot
State Lot
Grand South Lot
200 East Lot
200 West Lot
300 East Lot
500 West Lot
300 West Lot
111
1
10
1
20
0G
20
0D
20
0C
250
95
20
0H
N MAIN ST
CEAPE AVE
COMMERCE ST
N MAIN ST
User: jeffn
P-06 Hotel RampP-06 Hotel Ramp
95 Commerce Street95 Commerce Street
The City of Oshkosh creates and maintains GIS maps and data for its own use. They may show the approximate relative
location of property, boundaries and other feature from a variety of sources. These map(s)/datasets are provided for
information purposes only and may not be sufficient or appropriate for legal, engineering, or surveying purposes. They are
provided “AS-IS” without warranties of any kind and the City of Oshkosh assumes no liability for use or misuse.
Prepared by:
City of Oshkosh, WI
Printing Date: 10/29/2018
H:\jeffn\Arc Map Projects\Downtown Parking\P-06 Hotel Ramp.mxd
¯1 in = 100 ft
1 in = 0.02 mi
Private
Time - 2 Hour
Time - 4 Hour
Time - 90 Minute
Handicap
Leased Parking
Permit Parking
Reserved
Restricted Parking
Unrestricted
Fox
River
TO :T O :Honorable Mayor and Members of the Common Council
FRO M :FRO M :Mark Rohloff, City Manager
D A TE :D A T E :February 13, 2024
SUB JEC T:SUB JEC T :*Ord 24-77 Approve Changes to Chapter 3 of the City of Oshkosh Municipal Code to Create
a Vehicle Registration Fee
B A C KGRO UN DBACKGROUND
Special assessments, the funding mechanism for road and sidewalk reconstruction, have seen a rise in
cost faster than the rate of inflation. The impact on individual households receiving special assessments
has been significant. The city of Oshkosh is considering a new, balanced method of funding to replace
road-related special assessments.
Currently, special assessments are charged to property owners according to the front foot dimensions of
the abutting property to the improvement. The city is proposing to eliminate special assessments for road
and sidewalk reconstruction. A combination of methods is being proposed to replace special
assessments as the funding source for these improvements, replacing the approximate $3.75 million
charged annually through special assessments. A Vehicle Registration Fee (VRF), commonly referred to as
a "wheel tax," would be collected in addition to the regular annual registration fee paid for a vehicle. The
fee applies to vehicles kept in Oshkosh with automobile registration, autocycle registration, and truck
registration at 8,000 lbs. or less (except dual-purpose farm). The city would collect approximately $1.5
million annually through the VRF. Additionally, each of the city utilities (water, sanitary sewer, and storm
sewer) would be charged approximately $750,000 annually, for pavement-related improvements to
provide the balance of funding needed.
A N A L Y SI SANALYSIS
The new sustainable approach includes a combination of funding sources. One is the implementation of
a Vehicle Registration Fee (VRF) of $35 per vehicle. The other is charging a portion of street improvements
to the city's water, sanitary sewer, and storm sewer utilities. The proposed method of funding is a
balanced approach that seeks to collect the funds needed to replace pavement related special
assessments.
The major benefit of this proposal is that the burden of paying for improvements would no longer be
borne primarily by the abutting property owners, as it currently is. The policy change benefits all residents
by creating a sustainable funding source to ensure high-quality streets for residents, businesses,
emergency services, and others. Altogether, these funding sources would provide the needed $3.75
million annually for road and sidewalk reconstruction with approximately 40% of the funding coming from
vehicle registration fees and 60% from the transfer from the three utilities.
The city is proposing to eliminate all pavement-related special assessments specifically for road and
sidewalk reconstruction (including the sidewalk rehabilitation program). New developments and new
utility construction will continue to be special assessed. Water, sanitary sewer, and storm sewer laterals to
a property will also still receive a special assessment.
FI SC A L I M P A CTFISCAL I M P A C T
The $750,000 charge to each utility is an estimated cost of an 8-foot utility trench for projects. Each of the
utilities will be charged that amount annually, which will go into a separate Capital Projects Fund. While
the cost of an individual utility trench may vary year to year, city staff will use this average amount and
leave it in the Capital Projects Fund to cover any costs that may be over or under the actual cost.
The cash flow is prepared by our financial advisors, Ehlers, Inc. Ehlers prepared a cash flow analysis for
each utility, one without the $750,000 transfer and one with. There is no fixed amount for the future rate
increases. It varies by utility and year, but the range on the increase varies from 0.25% to 0.50%.
The exact rate potential increases for Sewer and Storm Water are as follows:
Sewer Storm
W/O
With
Realloc W/O
With
Realloc
2024 6.75%7.00% 0.00%0.00%
2025 6.75%7.00% 0.00%2.50%
2026 7.00%7.25% 2.00%2.50%
2027 6.25%6.50% 2.00%2.00%
2028 6.00%6.25% 2.00%2.00%
2029 5.00%5.25% 2.00%2.00%
2030 4.00%4.25% 2.00%2.00%
2031 0.00%2.25% 0.00%2.00%
2032 0.00%0.00% 0.00%0.00%
2033 0.00%0.00% 0.00%0.00%
It is too early to tell the impact for the Water Utility. Water Rates are governed by the PSC. The City
anticipates a water rate increase to be filed with the PSC in 2025.
The impact on a $100 monthly utility bill will average between $0.25 - $0.50 per month.
City staff will review the VRF amount and the utility contributions on a regular basis to determine if projects
are being funded on a sufficient basis.
REC O M M E N D A TI ONRECOMMENDATION
City staff recommends that the Common Council adopt the ordinance.
A t t a chment sAttachments
Ord 24-77
Enact Vehicle Registration Fee
2024 Presentation
2024 FAQ
02/13/2024 24-77 ORDINANCE
FIRST READING
PURPOSE: ENACT VEHICLE REGISTRATION FEE
INITIATED BY : COMMON COUNCIL
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH CREATING CHAPTER 3 FINANCE ARTICLE III. VEHICLE
REGISTRATION FEE
WHEREAS, the Council finds that all persons benefit from a well-maintained transportation infrastructure
throughout the City and that it is necessary to provide a reasonable, fair and sustainable method to provide
for the payment of the costs of maintenance of transportation facilities within the City; and
WHEREAS, the City of Oshkosh has historically utilized special assessments based upon the front linear
footage of lots abutting streets under repair to pay a portion of the costs for street repair; and
Whereas, special assessments can create a significant financial burden to individual property owners and it is
desirable to spread such cost over time to lessen the individual burden; and
Whereas, Wisconsin Statutes permit cities to impose a Vehicle Registration Fee to support transportation
related purposes; and
Whereas, imposition of a Vehicle Registration Fee will allow the City to more fairly and equitably spread the
cost of maintaining the City’s transportation infrastructure to all those that benefit from the system.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Oshkosh as follows:
SECTION 1. That Chapter 3 Finance Article III. pertaining to Vehicle Registration Fees is hereby created to
read as shown on the attachment to this ordinance.
SECTION 2. This ordinance shall be in full force and effect from and after its passage, publication, and
notification to the Wisconsin Department of Transportation in compliance with the requirements of §342.35 of
the Wisconsin Statutes for vehicles registered on and after July 1, 2024.
SECTION 3. Publication Notice. Please take notice that the City of Oshkosh
enacted ordinance #24-XXX ENACT VEHICLE REGISTRATION FEE (A GENERAL ORDINANCE OF THE CITY OF
OSHKOSH CREATING CHAPTER 3 FINANCE ARTICLE III. VEHICLE REGISTRATION FEE) on February 27, 2024. This
ordinance enacts and imposes a vehicle registration fee in the amount of thirty-five dollars ($35.00) on all
motor vehicles registered in the state which are customarily kept in the City of Oshkosh except those vehicles
which are exempt from this fee as provided in Section 341.35 Wisconsin Statutes. The city registration fee
shall be paid at the time a motor vehicle is first registered or at the time of registration renewal and is in
addition to any state registration fees. The fee collected shall exclusively be used for transportation related
purposes including costs of administering construction projects for pavement overlays including minor
widening, street reconstruction, reconstruction and rehabilitation of sidewalks, repairing and installing curb
and gutter, bicycle and pedestrian facilities, access for the disabled or handicapped, and any directly
related operations of the public works department on city streets and intersections.
The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and
through the City’s website at www.ci.oshkosh.wi.us. Clerk’s phone: 920/236-5011.
Chapter 3 Finance
Article III. Vehicle Registration Fees
SECTION 3-20
(A) AUTHORITY AND PURPOSE. The City of Oshkosh under the authority
provided within Section 341.35 of the Wisconsin Statutes hereby finds, determines
and declares the necessity of providing a source of revenue to provide for the
improvement of the city’s streets and related facilities within the right-of-way,
including street resurfacing and reconstruction and sidewalk reconstruction and
rehabilitation. In addition, the Common Council finds that the traditional method
for partially funding street resurfacing, street and sidewalk reconstruction
through special assessments may place an undue financial burden on property
owners adjacent to the improvements and is not on its own a sustainable source of
funding necessary improvements. Improvement includes such activities as are
necessary in order that streets and related facilities may be properly operated and
maintained to safeguard the health, safety, and welfare of the city and its
inhabitants and visitors.
(B) IMPOSITION OF VEHICLE REGISTRATION FEE. There is hereby imposed an
annual city registration fee in the amount of thirty-five dollars ($35.00) on all motor
vehicles registered in the state which are customarily kept in the City of Oshkosh
except those vehicles which are exempt from this fee as provided in Section 341.35
Wisconsin Statutes. The city registration fee shall be paid at the time a motor
vehicle is first registered or at the time of registration renewal and is in addition
to any state registration fees.
(C) ADMINISTRATIVE COSTS. The Wisconsin Department of Transportation shall
retain a portion of the city registration fee collected equal to the administrative
costs related to the collection of these fees which shall be computed by the
Department of Transportation as provided in Section 341.35 of the Wisconsin
Statutes.
(D) DEPOSIT OF FEE REVENUES. All monies received pursuant to this ordinance
shall be deposited into a capital projects fund to be used solely for transportation
related purposes as required by Section 341.35 of the Wisconsin Statutes.
(E) USE OF FUNDS FOR TRANSPORTATION RELATED PURPOSES. The Vehicle
Registration Fee shall exclusively be used for transportation related purposes
including costs of administering construction projects for pavement overlays
including minor widening, street reconstruction, reconstruction and rehabilitation
of sidewalks, repairing and installing curb and gutter, and directly related
operations of the public works department on city streets and intersections. The
Common Council further finds that bicycle and pedestrian facilities, including
access for the disabled or handicapped, are an integral part of the transportation
network. A portion of funds may be used for installation of bicycle and pedestrian
facilities within public right of way.
2/7/2024
1
Vehicle Registration Fee &
Utility Fees as Special
Assessments Replacement
_______________________
January, 2024
What’s the Issue?
•Cost of capital improvements have been rising faster than the rate of inflation.
•Impact of special assessments for households has been increasing.
•A combination of funding methods appears
to be the most fair approach to re-allocate
these costs.
2/7/2024
2
New Funding Approach
•Vehicle Registration Fee (VRF) = $1.5 million
annually
•Water Utility = $750,000 annually
•Sanitary Sewer Utility = $750,000 annually
•Storm Sewer Utility = $750,000 annually
•TOTAL = $3.75 million annually to fund road &
sidewalk reconstruction
New Funding
Vehicle Registration Fee (VRF)
•Must be used for transportation purposes
•Fee added on to annual vehicle registration
•Permitted for vehicles up to 8,000 lbs.
•Larger vehicles (i.e. commercial) are exempt
•Estimate 46,772 vehicles qualify for VRF
•The proposed VRF for Oshkosh residents would
be $35 annually
2/7/2024
3
Vehicle Registration Fees In
Wisconsin
•38 Municipalities ($10 - $40)
•8 in NE Wisconsin
•13 Counties ($10 - $30)
Vehicle Registration Fee
Comparison
•Appleton ($20)
•Eau Claire ($24)
•Green Bay ($20)
•Janesville ($40)
•Kaukauna ($10)
•Manitowoc ($20)
•Sheboygan ($20)
Utility Fees
•Water, sanitary sewer, and storm sewer utilities
would each be charged the amount necessary to restore roads after these utilities have been
replaced.
•The annual increase needed for special
assessment relief would be an annual increase in
utility rates of between 0.25% and 0.5%.
•The impact on a $100 monthly utility bill will
average between $0.25 and $0.50 per month.
2/7/2024
4
What items are covered under
this new proposed method?
•Road and Sidewalk reconstruction
would be paid for by this new funding method.
•Sidewalk rehabilitation would be funded.
What items will continue to
receive a Special Assessment?
•New developments and new utility construction will continue to be special
assessed.
•Water, sanitary sewer, and storm sewer laterals to a property will also still receive a special assessment.
When will this new funding
method take effect?
•This special assessment relief will take effect for projects that begin on or after
January 1, 2024.
•The vehicle registration fee will begin appearing on vehicle registration renewals sometime after July 1, 2024.
2/7/2024
5
What about those who recently
paid a Special Assessment?
•The City will be unable to refund previously
paid special assessments that were approved, charged, or collected under the
previous method.
•This new approach seeks to establish a sustainable funding source that will move Oshkosh forward from the present time.
FOR MORE INFORMATION:
Visit www.OshkoshWI.gov “Hot Topics”
for a FAQ sheet, this presentation, and more.
Comments: VRFcomments@oshkoshwi.gov
1
SPECIAL ASSESSMENT REPLACEMENT:
FREQUENTLY ASKED QUESTIONS
What are special assessments and what items are paid for by them?
A special assessment is a fee collected by the City for improvements or special
services that benefit a property. Special assessments are the funding mechanism for
street reconstruction, initial construction of sanitary sewers, water mains, sidewalk,
driveway aprons, and utility laterals (the pipes that service a home or building from the
main pipes that are typically in the street).
How are special assessments currently funded, and what changes in the new
proposed method?
Currently, special assessments are charged to property owners according to the
front foot dimensions of the abutting property to the improvement. The city is
proposing to eliminate special assessments for road and sidewalk reconstruction. A
combination of methods is being proposed to replace special assessments as the funding
source for these improvements, replacing the approximate $3.75 million charged
annually through special assessments. A Vehicle Registration Fee (VRF), commonly
referred to as a “wheel tax”, would be collected in addition to the regular annual
registration fee paid for a vehicle. The fee applies to vehicles kept in Oshkosh with
automobile registration, autocycle registration, and truck registration at 8,000 lbs. or less
(except dual purpose farm). The city would collect approximately $1.5 million annually
through the VRF. Additionally, each of the city utilities (water, sanitary sewer, and
storm sewer) would be charged approximately $750,000 annually, for pavement-related
improvements to provide the balance of funding needed for improvements.
How was this proposed method arrived at?
The August 29, 2023 Common Council Budget Workshop meeting included a
discussion of what could be done to either partially or fully replace pavement related
(street and sidewalk) special assessments. Utility related special assessments were not
considered for replacement in this, or prior discussions regarding the replacement of
special assessments. Following that budget workshop, staff investigated additional
potential options, consisting of various mixtures of a handful of potential funding
2
sources. The potential funding sources reviewed as part of this analysis included:
Transportation Utility, Vehicle Registration Fee (VRF), Utilities assuming the cost of
pavement restoration over utility trenches, and additional General Obligation Debt. The
plan that is being considered is a combination of some of the proposed options, with the
intent of finding a balanced approach to the new funding method.
Why don’t we just keep funding road reconstruction through special assessments?
Over the past 10 years, the cost of capital improvements, and consequently
special assessments, have been rising faster than the rate of inflation. This has resulted
in single family residential properties seeing special assessments that have amounted to
as much as $20,000 or more. While these charges are infrequent, the impact on
individual households has been significant. The Common Council has looked at a
variety of methods to replace these special assessments, and a combination of funding
methods appears to be the fairest approach to re-allocate these costs.
What are the benefits of the proposed plan?
The proposed method of funding is a balanced approach that seeks to collect the
funds needed to replace pavement related special assessments. The major benefit of this
proposal is that the burden of paying for improvements would no longer be borne
primarily by the abutting property owners, as it currently is. The policy change benefits
all residents by creating a sustainable funding source to ensure high-quality streets for
residents, businesses, emergency services, and others.
Does this plan also fund the sidewalk rehabilitation program?
Yes, the sidewalk replacement/rehabilitation program is funded by this program.
Property owners will no longer receive a special assessment/charge for sidewalk
replacement.
3
Is this plan intended to eliminate all, or only a certain percentage, of the special
assessments levied upon property owners?
The city is proposing to eliminate all pavement-related special assessments
specifically for road and sidewalk reconstruction (including the sidewalk rehabilitation
program). New developments and new utility construction will continue to be special
assessed. Water, sanitary sewer, and storm sewer laterals to a property will also still
receive a special assessment.
Once these new fees are collected, can they be used for anything other than road
reconstruction & related costs?
No. They are used exclusively for the purpose of eliminating pavement-related
special assessments. Road repairs and maintenance work on existing roads that are not
being completely replaced will continue to be funded through the city’s operating
budget.
What would the Vehicle Registration Fee be for Oshkosh residents, and how does it
compare to other cities?
The proposed Vehicle Registration Fee (VRF) for Oshkosh residents would be
$35 annually, in addition to the regular annual registration fee paid to the State of
Wisconsin for a vehicle. The fee applies to vehicles kept in Oshkosh with automobile
registration, autocycle registration, and truck registration at 8,000 lbs. or less (except
dual purpose farm) according to Wisconsin Department of Transportation rules.
Motorcycles are exempt. The VRF will begin appearing on vehicle registration renewals
sometime after July 1, 2024. This fee compares with other Wisconsin cities:
Appleton ($20)
Eau Claire ($24)
Green Bay ($20)
Janesville ($40)
Kaukauna ($10)
Manitowoc ($20)
Sheboygan ($20)
4
What license plates are exempt from a Vehicle Registration Fee (VRF)?
The Wisconsin Department of Transportation rules state that these special plates
are exempt from the VRF: Antique, Collector (“Collector Special” plates are not
exempt), Ex-Prisoner of War (if issued without registration fee), Historic Military,
Hobbyist, and Medal of Honor. All special plates issued to a farm truck, dual purpose
farm truck or motor home are exempt from the VRF. Motorcycles are also exempt from
the VRF.
Large vehicles cause the most road damage. Why aren’t those vehicles paying their
fair share of the Vehicle Registration Fee (VRF)?
The Vehicle Registration Fee, by Wisconsin Statutes, specifically exempts
vehicles over 8,000 pounds. The city agrees that this exemption creates some equity
issues, particularly for residents and small businesses. To offset that inequity, the city is
proposing to charge its three utilities (water, sanitary sewer, and storm sewer) a portion
of road reconstruction costs. Businesses that typically have the largest trucks also pay
for these utilities in greater proportion than residential properties. The idea is that
allocating a portion of the former special assessment charges to the utilities will offset
some of the inequities of a VRF.
The proposed plan also includes revenue from utility fees. What is the cost impact
for rate payers?
Water, sanitary sewer, and storm sewer utilities would each be charged the
amount necessary to restore roads after these utilities have been replaced. The annual
increase needed for special assessment relief would be an annual increase in utility rates
of between 0.25% and 0.5%. The impact on a $100 monthly utility bill will average
between $0.25 - $0.50 per month.
If the funding plan amount is not enough to fund the yearly cost of projects, would
there be less work done or money raised in another way?
The $750,000 charge to each utility is an estimated cost of an 8-foot utility trench
for projects. Each of the utilities will be charged that annually, which will go into a
separate Capital Projects Fund. While the cost of an individual utility trench may vary
5
year to year, city staff will use this average amount and leave it in the Capital Projects
Fund to cover any costs that may be over or under the actual cost. City staff will review
the VRF amount and the utility contributions on a regular basis to determine if projects
are being funded on a sufficient basis.
If the Vehicle Registration Fee won’t be collected until sometime after July 1, 2024,
how will the lost revenue from the first half of the year be accounted for?
The city will borrow an additional amount to make up the difference in the first
year of implementation.
Why don’t we use my property taxes to pay for these improvements?
Property owners already pay for a portion of road reconstruction projects
through property taxes. The amount collected through special assessments has been
done to also collect from the many non-taxable properties in the city of Oshkosh, such
as state-owned properties, educational institutions, and churches. The city has looked
for ways to replace special assessments with a revenue source that continues to charge a
portion of road reconstruction costs to these same properties. The combined Vehicle
Registration Fee (VRF) and the use of utility funds helps achieve that objective.
Does the City benefit from the gas tax that already exists, and why isn’t this used for
road reconstruction?
The city receives a portion of gas tax revenue through the state for road
maintenance purposes, such as snow plowing and minor repairs. This amount covers a
portion of the city’s operating costs for its Streets Division.
Is it possible to create a city sales tax to fund special assessments?
By law, municipalities are not allowed to create sales taxes. Counties are able to
create sales taxes, but are not obligated to distribute those funds to other governmental
entities.
6
What improvements will continue to be special assessed?
New developments and new utility construction will continue to be special
assessed. Water, sanitary sewer, and storm sewer laterals to a property will also still
receive a special assessment.
Why are water, sanitary sewer, and storm sewer laterals special assessed?
Utility laterals are deemed by the State Public Service Commission as items that
directly benefit individual properties. As such, laterals must be paid by the benefitting
properties. Special assessments are the most efficient way to recoup these costs from
individual properties and will continue to be charged for utility laterals. Utility mains
benefit the general utility user and are funded through monthly utility charges.
What is the time frame for Common Council consideration of this plan?
The Common Council will discuss this plan in a “first reading” at their February
13, 2024 meeting. If their deliberations proceed without making any changes in the
timeline for consideration, the plan would receive final consideration at the February
27, 2024 meeting of the Common Council.
When will this new funding method take effect?
This special assessment relief will take effect for projects that begin on or after
January 1, 2024. The vehicle registration fee will begin appearing on vehicle registration
renewals sometime after July 1, 2024.
For those who paid a special assessment in recent years, is there a way for them to be
compensated after this plan is implemented?
The city will be unable to refund previously paid special assessments that were
approved, charged, or collected under the previous method. The city also does not have
funding available to defer new fees for those who were recently special assessed. This
new approach seeks to establish a sustainable funding source that will move Oshkosh
forward from the present time.
7
Revised 2/6/2024
TO :T O :Honorable Mayor and Members of the Common Council
FRO M :FRO M :Mark Lyons, Planning Services Manager
D A TE :D A T E :February 13, 2024
SUB JEC T:SUB JEC T :*Ord 24-78 Approve Zone Change from Urban Mixed Use District with a Planned Development
Overlay (UMU-PD) to Institutional District (I) for the Property Located at 240 Algoma Boulevard
(Plan Commission Recommends Approval)
B A C KGRO UN DBACKGROUND
The subject site consists of a 1.69-acre property located on the north side of Algoma Boulevard, east of
Jackson Street. The site includes a three-story 33,174 square foot mixed commercial/residential building
and associated parking area. The surrounding area consists primarily of institutional and government
uses, including City Hall and the Oshkosh Police Department to the west, along with residential and
commercial uses to the north. The 2040 Comprehensive Land Use Plan recommends Center City land use
for the site.
A N A L Y SI SANALYSIS
The applicant is requesting a zone change to Institutional District (I) for the subject property. This request
is intended to provide appropriate zoning for an institutional residential use. The Christine Ann Domestic
Abuse Services shelter, currently located immediately to the east of the subject site (206 Algoma
Boulevard), is proposing to utilize the site. The proposed Institutional (I) zoning is consistent with the 2040
Comprehensive Land Use Plan recommendation of Center City for the subject site. The proposed
Institutional zoning district is also consistent with the Institutional zoning designations of the adjoining
properties to the east and west. For these reasons, staff is supportive of the proposed rezoning of the
subject site.
REC O M M E N D A TI ONRECOMMENDATION
The Plan Commission recommended approval of the requested zone change for the property located at
240 Algoma Boulevard with findings on February 6, 2024. Please see the attached staff report and
meeting minutes for more information.
A t t a chment sAttachments
Ord 24-78
Zone Change - 240 Algoma Blvd
2/13/2024 24-78 ORDINANCE
FIRST READING
PURPOSE: APPROVE ZONE CHANGE FROM URBAN MIXED USE DISTRICT (UMU) TO INSTITUTIONAL DISTRICT (I) FOR
THE PROPERTY LOCATED AT 240 ALGOMA BOULEVARD
INITIATED BY : CHRISTINE ANN DOMESTIC ABUSE SERVICES, INC.
PLAN COMMISSION RECOMMENDATION: Approved
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 30-381 OF THE OSHKOSH MUNICIPAL
CODE PERTAINING TO ZONING DISTRICTS.
The Common Council of the City of Oshkosh does ordain as follows:
SECTION 1. That Section 30-381 of the Oshkosh Municipal Code pertaining to Zoning Districts and the map
therein described is hereby amended by changing the district character of the property located at 240
Algoma Boulevard from Urban Mixed Use (UMU) to Institutional (I) for property located at 240 Algoma
Boulevard, Parcel 0701421200.
ZONE CHANGE FROM URBAN MIXED USE DISTRICT (UMU) TO INSTITUTIONAL (I) DISTRICT FOR PROPERTY
LOCATED AT 240 ALGOMA BOULEVARD.
A PART OF LOTS 15, 13, 17 AND 23 OF BLOCK "G" OF LEACH'S MAP OF 1894 LOCATED IN THE SOUTHWEST ¼ OF
THE NORTHWEST ¼ OF SECTION 24, TOWNSHIP 18 NORTH, RANGE 16 EAST SEVENTH (7TH) WARD, CITY OF
OSHKOSH, WINNEBAGO COUNTY, WISCONSIN, BEING DESCRIBED AS: COMMENCING AT THE SOUTHWESTERLY
COMER OF LOT 15 OF SAID BLOCK "G" AND BEING THE TRUE POINT OF BEGINNING; RUNNING THENCE N291733"
E, 222.48 FEET, ALONG THE WESTERLY LINE OF SAID LOT 15; THENCE S59°40'09" E, 77.56 FEET; THENCE N3049'39" E,
28.29 FEET; THENCE S59°36'19” E, 8.00 FEET; THENCE N30°23'41" E, 64.30 FEET, TO THE SOUTHWESTERLY CORNER
OF LOT 19 OF SAID BLOCK "G"; THENCE S57°28'00" E, 98.50 FEET, ALONG THE SOUTHERLY LINE OF SAID LOT 19 TO
THE SOUTHEASTERLY CORNER OF SAID LOT 19; THENCE S36°33'15" W, 15.83 FEET, ALONG THE WESTERLY LINE OF
LOT 13 OF SAID BLOCK "G"; THENCE S55°58'53" E, 55.59 FEET, ALONG THE SOUTHERLY EDGE OF A CONCRETE
CURB LINE; THENCE S45°03'33” E, 9.91 FEET, TO THE NORTHERLY LINE OF LOT 17 OF SAID BLOCK "G"; THENCE
S57°26'09" E, 5.62 FEET, ALONG THE NORTHERLY LINE OF SAID LOT 17 TO A POINT WHERE THE NORTHWESTERLY
WALL OF THE RECREATION GYMNASIUM INTERSECTS THE NORTHERLY LINE OF SAID LOT 17; THENCE S33°27'10" W,
88.22 FEET, ALONG SAID WALL; THENCE N56°32'50” W, 4.98 FEET, ALONG SAID WALL; THENCE S33°27'10" W,
10.30 FEET, ALONG SAID WALL; THENCE S56°32'50" E, 4.99 FEET, ALONG SAID WALL; THENCE S33°27'10" W, 38.85
FEET, ALONG SAID WALL; THENCE S56°27'51" E, 14.99 FEET, ALONG SAID WALL AND ITS PROJECTION TO A POINT
ON THE EASTERLY LINE OF LOT 17 OF SAID BLOCK "G"; THENCE S34°20'52" W, 182.49 FEET, TO THE SOUTHEASTERLY
CORNER OF SAID LOT 17; THENCE N52°28'00" W, 245.88 FEET ALONG THE SOUTHERLY LINE OF SAID LOTS 17, 23,
AND 15 TO THE TRUE POINT OF BEGINNING. ALSO INCLUDING THE ADJACENT NORTHERLY ½ OF THE ALGOMA
BOULEVARD RIGHT-OF-WAY.
SECTION 2. This Ordinance shall be in full force and effect from and after its passage and publication.
SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted Ordinance #24-XXX
SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted Ordinance #24-XXX
APPROVE ZONE CHANGE FROM URBAN MIXED USE DISTRICT (UMU) TO INSTITUTIONAL DISTRICT (I) FOR THE
PROPERTY LOCATED AT 240 ALGOMA BOULEVARD on February 27, 2024. This ordinance changes the zoning of
the properties located at 240 Algoma Boulevard from Urban Mixed Use (UMU) to Institutional (I).
The full text of the Ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and on
the City's website at www.ci.oshkosh.wi.us. Clerk's phone: (920) 236-5011.
ITEM: PUBLIC HEARING: ZONE CHANGE FROM URBAN MIXED-USE DISTRICT
(UMU) TO INSTITUTIONAL DISTRICT (I) FOR THE PROPERTY LOCATED
AT 240 ALGOMA BOULEVARD
Plan Commission meeting of February 6, 2024.
GENERAL INFORMATION
Owner/Applicant: Christine Ann Domestic Abuse Services, Inc.
Action(s) Requested:
The applicant requests a zone change from the existing Urban Mixed-Use District (UMU) to
Institutional District (I) for the property located at 240 Algoma Boulevard.
Applicable Ordinance Provisions:
Zoning map amendment standards are found in Section 30-381 of the Zoning Ordinance.
Property Location and Background Information:
The subject site consists of a 1.69-acre property located on the north side of Algoma
Boulevard, east of Jackson Street. The site includes a three-story 33,174 square foot mixed
commercial/residential building and associated parking area. The surrounding area
consists primarily of institutional and government uses, including City Hall and the
Oshkosh Police Department to the west, along with residential and commercial uses to
the north. The 2040 Comprehensive Land Use Plan recommends Center City land use for
the site.
Subject Site
Existing Land Use Zoning
Mixed commercial/residential UMU
Recognized Neighborhood Organizations
Middle Village
Adjacent Land Use and Zoning
Existing Uses Zoning
North Commercial & Mixed use I-PD & UMU
South Residential & Government UMU
East Institutional I
West Government I-PD
Comprehensive Plan Land Use Recommendation Land Use
2040 Comprehensive Land Use Recommendation Center City
ANALYSIS
Zone Change
The applicant is requesting a zone change to Institutional District (I) for the subject property. This
request is intended to provide appropriate zoning for an institutional residential use. The
Christine Ann Center domestic abuse shelter, currently located immediately to the east of the
subject site (206 Algoma Boulevard), is proposing to utilize the site.
The proposed Institutional (I) zoning is consistent with the 2040 Comprehensive Land Use Plan
recommendation of Center City for the subject site. The proposed Institutional zoning district is
also consistent with the Institutional zoning designations of the adjoining properties to the east
and west. For these reasons, staff is supportive of the proposed rezoning of the subject site.
FINDINGS/RECOMMENDATION/CONDITIONS
In its review and recommendation to the Common Council on an application for a Zoning Map
amendment, staff recommends the Plan Commission make the following findings based on the
criteria established by Chapter 30-381 (D)(2):
(a) Advances the purposes of this Chapter as outlined in Section 30-03.
Rezone UMU to I
(b) Is in harmony with the Comprehensive Plan.
(c) Maintains the desired overall consistency of land uses, land use intensities, and land
use impacts within the pertinent zoning districts.
(d) Addresses any of the following factors that are not properly addressed on the
current Official Zoning Map:
(iii) Factors have changed (such as new data, infrastructure, market
conditions, development, annexation, or other zoning changes), making
the subject property more appropriate for a different zoning district.
Staff recommends approval of the zone change with the findings listed above.
RECOMMENDATION/CONDITIONS
The Plan Commission recommended approval of the requested zone change from Urban-Mixed
Use District (UMU) to Institutional District (I) at the subject site with findings on February 6, 2024.
The following is Plan Commission’s Discussion on the item.
Site Inspections Report: Ms. Scheuermann, Mr. Nichols, Mr. Bowen, Council Member Esslinger,
Mr. Ulrich, Ms. Propp, and Mr. Perry reported visiting the site.
Staff reports accepted as part of the record.
The subject site is the Beach building property located on the north side of Algoma Boulevard,
immediately east of City Hall. It includes a three-story mixed commercial/residential building.
The surrounding area is primarily institutional and government uses, along with residential and
commercial uses to the north.
The applicant is requesting a zone change to Institutional District (I) for the subject property. This
request is intended to provide appropriate zoning for an institutional residential use. The
Christine Ann Center domestic abuse shelter, currently located immediately to the east of the
subject site (206 Algoma Boulevard), is proposing to utilize the site.
The proposed Institutional (I) zoning is consistent with the 2040 Comprehensive Land Use Plan
recommendation of Center City. It is also consistent with the Institutional zoning designations of
the adjoining properties to the east and west. For these reasons, staff is supportive of the
proposed rezoning of the subject site.
Mr. Perry opened up technical questions to staff.
Mr. Ulrich wondered if there were any concerns regarding parking and any lighting changes, and
the effect on neighboring properties.
Mr. Slusarek stated there have been no plans submitted showing any changes to the existing
parking stalls, so lighting would be staying the same as existing.
Mr. Perry opened the public hearing and asked if the applicant wanted to make any statements.
Alicia Wegner, 333 West 12th Avenue in Oshkosh, Executive Director at Christine Ann Domestic
Abuse Services. She wanted to talk a little bit about the importance of this change for their
organization. They are experiencing quite a few limitations in their current building, including
ADA accessibility, accessibility for large families to stay, as well as folks that currently would like
to flee with their pets. Unfortunately, the current building does not allow those things to be
possible because of the communal living aspect. The Beach building alleviates all of their current
limitations, and expands the shelter services from 37 beds to closer to 60. The building will also
have 11 units dedicated to transitional housing, which is a huge gap in our community.
Affordable housing has been a large issue for a very long time and unfortunately is becoming
even more of an issue for folks that they serve. Currently it is causing individuals to stay in the
emergency shelter for longer periods of time. They are very excited to be able to provide
transitional housing to really work with these individuals to assist with going back to school,
getting jobs, saving up money, getting financial literacy information to go on to full self-
sufficiency and independence. The Beach building move also allows an opportunity for another
nonprofit to take over their current building. They are very excited about this transition and to be
able to serve even more survivors in our community. It is incredibly unfortunate that this is the
point where we are at, where we are simply outgrowing our current space. That is never a
situation that any of us want to be in. The Beach building fits so many of their needs and more,
for many years to come. She appreciates the Plan Commission’s consideration, and is available
for any questions.
Mr. Perry asked if other members of the public wished to speak.
Nick Jensen, of 141 Church Avenue in Oshkosh, directly north of the subject property. He and his
wife, Lisa, have no issues with the zoning change itself. Christine Ann has been a good neighbor,
and they have never had an issue with them. The outside of their current building is well kept.
Unfortunately, they need to expand and he gets that. He is also speaking for his neighbor to the
west, Michelle, which is the bed and breakfast (B&B) located at 143 Church Avenue. They have
no issue with the zone change.
Dave Nesseler, of 135 Church Avenue in Oshkosh, has no concerns with the zone change, but
does have questions regarding the conditional use and how the property will be managed.
Mr. Perry closed public comments.
There was no closing statement from the applicant.
Motion by Ulrich to adopt the findings and recommendation as stated in the staff report.
Seconded by Scheuermann.
Mr. Perry asked if there was any discussion on the motion.
Motion carried 9-0
Project Narrative:
Christine Ann Center is a domestic abuse shelter that will be occupying an existing building known as "The
Beach Building" and is located at 240 Algoma Blvd., Oshkosh, WI.
The beach building is an existing three-story 35,609 S.F. structure that was constructed in 1912. The building
was placed on the National Register Historic List in 1985 and on the State Register Listing in 1989. The
structure listing name is "Orville Beach Memorial Manual Training School" - (reference number 85002334).
The Beach Building was last altered in 2016. The existing 12,847 S.F. (0.29 acre) first floor is utilized as a
Business - 'B' occupancy and the existing 11,381 S.F. (0.26 acre) second and third floors are utilized as a
Residential - 'R-2' occupancy. The Beach Building contains (22) dwelling units evenly distributed between the
second and third floors; this number will remain unchanged. The 2016 alteration followed the IBC / IEBC 2009,
including IEBC Chapter 11 - Historic Buildings. The building is of Type IIIB construction and is fully sprinklered:
NFPA 13 - 1st floor and NFPA 13r - 2nd and 3rd floors.
The existing parking area consists of 80 stalls (77 STD + 3 ADA). The current project proposes 71 stalls (68
STD + 3 ADA) at 38,267 S.F. (0.88 acre) of impervious surface. No landscaping will be required per city of
Oshkosh ordinance 30-251.
The current project consists of an interior alteration (alteration level 2) to the first floor 'B' occupancy. The
second and third floor 'R-2' occupancy will remain un-altered.
Alterations to follow the IBC / IEBC 2015, including Chapter 12 - Historic Buildings.
The existing second floor will be utilized for shelter occupants with the average stay of 39 days (R-2
occupancy). The existing third floor will be utilized for transitional housing which could include stays up to 2
years (R-2 occupancy).
The current project will not affect the property’s operational hours; the building’s use will remain unchanged.
The entrance to the site from Algoma Blvd. will not be altered. The Christine Ann Center has operated on the
adjacent parcel to the east (zoned Institutional) since 1991, and will continue to serve the community in its new
location at the Beach Building.
ALGOMA BLVD
J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam
Prepared by: City of Oshkosh, WI
Printing Date: 12/28/2023
1 in = 50 ft
1 in = 0.01 mi¯240 ALGOMA BLVD
City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer
ZONE CHANGE & CUP
240 ALGOMA BLVD
PC: 2-6-2024
TRINITY EPISCOPAL CHURCH
311 DIVISION ST
OSHKOSH WI 54901
WIS BELL INC
C/O ASST SEC 16TH FLOOR
722 N BROADWAY ST
MILWAUKEE WI 53202
MERILYN R SMITH REV TRUST
226 HIGH AVE APT A
OSHKOSH WI 54901
CHRISTINE ANN DOMESTIC
ABUSE SERVICES IN
206 ALGOMA BLVD
OSHKOSH WI 54901
OSH AREA SCHL DIST REC GYM
C/O BOARD OF EDUCATION
PO BOX 3048
OSHKOSH WI 54903
CHURCH AND DIVISION LLC
107 CHURCH AVE
OSHKOSH WI 54901
JOHN C/JULIE A MAY REV TRUST
121 CHURCH AVE
OSHKOSH WI 54901
CHURCH AVENUE PROP LLC
125 CHURCH AVE
OSHKOSH WI 54901
THOMAS G/DIANE L LAMMERS
131 CHURCH AVE
OSHKOSH WI 54901
BARBARA YOUNG
DAVID J NESSELER
135 CHURCH AVE
OSHKOSH WI 54901
240 ALGOMA BLVD LLC
146 ALGOMA BLVD G
OSHKOSH WI 54901
KENDAL /MICHELL WATWOOD
143 CHURCH AVE
OSHKOSH WI 54901
NICK A/LISA M JENSEN
4737 INDIAN BEND RD
OSHKOSH WI 54904
MIDDLE VILLAGE NBHD ASSOC
C/O KATIE LOFTON
1216 MERRITT AVE
OSHKOSH WI 54901
MIDDLE VILLAGE NBHD ASSOC
C/O DAVID STUBBE
659 CENTRAL ST
OSHKOSH WI 54901
DOWNTOWN NBHD ASSOC
C/O JESSIE MEIDL
903 W 7TH AVE
OSHKOSH WI 54902
DIVISION ST
CENTRAL ST
CHURCH AV
ALGOMA BLVD
HIGH AV
J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam
Prepared by: City of Oshkosh, WI
Printing Date: 12/28/2023
1 in = 120 ft
1 in = 0.02 mi¯240 ALGOMA BLVD
City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer
MERRITT AV
HUDSON AV
DAWES ST
COMMERC
E
ST
W PAR KWAY AV
DIVISION ST
OTTER AV
PEARL AV
COURT ST
CITY CENTER
CAMPUS PL
WAUGOO AV
CHURCHAV
PEARL AV
DAWES ST
MT VERNON ST
JEFFERSON ST
IDA AV
FULTON AV
MT VERNON ST
E PARKWAY AV
CHURCH AV
MARKETST
RIVERWAY DR
DIVISION ST
BROWN ST
MARKETST
DIVISION ST
CENTRAL ST
FREDERICK ST
UNION AV
DIVISION ST
CENTRAL ST
FRANKLIN ST
FREDERICK ST
WRIGHT ST
CHERRY ST
OXFORD AV
DALE AV
PL
EA
SA
N
T S
T
MA
DIS
ON
S
T
AMHERST AVAMHERST AV
JEFFERSON ST
MARION RD
FRANKLIN
ST
STATE ST
CENTRAL ST
N MAIN ST
E IRVING AVW IRVING AV
ALGOMA BLVD
CEAPE AV
WISCONSIN
ST
HIGH AV
WASHINGTON AV
ELM
W
O
O
D
A
V
JACKSON ST
C M U
C M U
C M U
C M U
C M U -P D C M U -P D
C M U -P D -R FO
CM U -RF O
C M U -R F O I I I
I
I
I
I-P D
I -P D
I -P D
I-PD
I-P D
I -P D
I-P D
I-P D
I-P D
I -P DI-P D
I-P D
I-P D -R F OI-P D -R F O
I-P D -U T O
I-U T O
MR -20-U T O
M R -3 6
M R -3 6 -U TO
MULTIPLE
R M U-P D -R F O
R M U -P D -R F O
T R -1 0
TR-10
T R -1 0
T R -1 0
T R -1 0 -P D
T R -1 0 -P D
T R -1 0 -U TO
T R -1 0 P D U T O
U M U
U M U
U M U
U M U
U M U
U M U
U M U -P D
U M U -P D
U M U -P D
UMU-PD
U M U -P D -U T O U M U -U T O
U M U -U TO
J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam
Prepared by: City of Oshkosh, WI
Printing Date: 12/28/2023
1 in = 500 ft
1 in = 0.09 mi¯240 ALGOMA BLVD
City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer
DIVISION ST
CENTRAL ST
CHURCH AV
ALGOMA BLVD
HIGH AV
J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam
Prepared by: City of Oshkosh, WI
Printing Date: 12/28/2023
1 in = 100 ft
1 in = 0.02 mi¯240 ALGOMA BLVD
City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer
TO :T O :Honorable Mayor and Members of the Common Council
FRO M :FRO M :Russ Van Gompel, Director of Finance
D A TE :D A T E :February 13, 2024
SUB JEC T:SUB JEC T :Res 24-79 Appropriate ARPA Funds for 2024 Projects in Lieu of Issuing Debt
B A C KGRO UN DBACKGROUND
Attached is a resolution to appropriate additional ARPA Funds for 2024 Projects in Lieu of Issuing Debt. As
part of the 2024 Proposed Budget and Capital Improvement Plan, the City Council identified $915,000 of
small equipment and vehicles to be financed with the issuing of debt. In reviewing the remaining funds
available through the 2021 award of ARPA funds, staff is recommending that these projects be financed
by ARPA in lieu of issuing debt in 2024.
The attached resolution would appropriate an additional $915,000 of ARPA funds, leaving a balance of
$809,813.
In addition to this appropriation, staff is preparing for the issuance of debt in 2024 to finance projects
identified in the CIP and Operating Budget. Attached is a list of projects to be financed by the issuance
of debt. Staff will be presenting an initial resolution in April for a G.O. Bond Sale and a parameters'
resolution for the Note Sale and Revenue Issues. The staff is preparing to issue $17,100,600 in bonds and
notes, $5,431,200 in Water Revenue Bonds, and $4,714,700 in Sewer Revenue Bonds. There is no planned
issuance of Storm Water Revenue Bonds as the City has accumulated enough capital to finance the
planned 2024 Storm Water Projects.
FI SC A L I M P A CTFISCAL I M P A C T
The requested appropriation at this time totals $915,000.00. Based on the ARPA Award of $20,514,484 and
Resolution No. 21-498, which directed 75% of ARPA expenditures for City Infrastructure, the remaining
ARPA balance for City Infrastructure projects would be $809,813. The remaining funds should be
appropriated later in 2024. ARPA projects must be appropriated or finalized by 2024.
A t t a chment sAttachments
Res 24-79
Revised ARPA List 2024
2/13/2024 24-79 RESOLUTION
PURPOSE: APPROPRIATE ARPA FUNDS FOR 2024 PROJECTS IN LIEU OF ISSUING DEBT
INITIATED BY : CITY ADMINISTRATION
WHEREAS, the City of Oshkosh was awarded $20,514,484 in ARPA (American Rescue Plan Act of 2021)
Funds; and
WHEREAS, on May 20, 2021, the City received and deposited 50% of the award in the amount of
$10,257,242 into a Special Revenue Fund, Fund Number 0224, ARPA Special Revenue; and
WHEREAS, on June 7, 2022, the City received and deposited the remaining 50% of the award in the
amount of $10,257,242 into a Special Revenue Fund, Fund Number 0224, ARPA Special Revenue; and
WHEREAS, the City Council adopted Resolution Number 21-498, “Creating Parameters for Usage of
American Rescue Plan (ARPA) Funds, which states that 75% of the ARPA Funds should be utilized for City
infrastructure projects; and
WHEREAS, Resolution 21-583 appropriated appropriate $4,023,050; and
WHEREAS, Resolution 22-478 appropriated appropriate $3,969,900; and
WHEREAS, Resolution 23-573 appropriated appropriate $5,133,200; and
WHEREAS, Resolution 24-46 appropriated appropriate $595,000.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh funding from ARPA funds
received by the City of Oshkosh be appropriated by funding $915,000 for the projects in lieu of issuing debt
as identified on the attached list.
Beginning Balance $7,453,013
2024 Projects For Consideration
Fire Dept Generators (2 plus additional)$775,000
Pratt Trail Archeological Study $400,000
Data Center Switch Replacement $94,900
Fire Dept Station Renovations $55,000
Fire Dept Hose $18,000
Fire Dept Mattresses $21,100
Senior Center Siding & Doors $200,000
44th Parallel Ply Equip & Surfacing $300,000
Fire Dept Cardiac Monitors & AEDs $1,092,500
Tough Books $67,600
Thermal cameras $70,000
Grand Fire Alarm $0
Grand Entrance Windows & Doors $0
Zoo Bear Exhibit $400,000
Grand Building Renovation design $473,000
Design Fire Training Center $450,000
Asphalt Pavement Prevention Prog $250,000
Pioneer Riverwalk CN RR
Museum Sawyer House Windows $175,000
Police CCOV Equipment $100,000
Police take home vehicles $286,000
Police Evidence Center $55,000
Fire Replace Air Bags $20,000
Fire Security Cameras $67,000
Fire Pressure Washers $8,100
Public Works Facility Efficiency Enhancements $50,000
Quarry Park Landfill Mitigation $50,000
Reduce 2024 Levy
ADA Improvement $100,000
Concrete Repairs $150,000
Subtotal $5,728,200 $1,724,813
Projects in lieu of Debt
Cem 409 Van 94,000$
Cem 516 Mower 20,000$
Cem 539 Mower 20,000$
Eng 386 1/2 ton 47,000$
Fac Van 85,000$
Fire Other Veh 74,000$
South Main Acq 150,000$
Parks F150 52,000$
Parks 1 Ton Dump 90,000$
Parks F350 57,000$
Parks 418 F150 55,000$
Parks 454 Mower 75,000$
Parks Shop Sweeper 85,000$
Street Mower 13,500$
Street Road Saw 54,500$
Street Crack Filler 83,000$
Street Trailers 10,000$
915,000$ 809,813$
SUB JEC T:SUB JEC T :Council Discussion, Direction to City Manager & Future Agenda Items
D A TE :D A T E :February 13, 2024
Council D is cus s ion a nd D ir e c t ion t o St a ffCouncil D is cus s io n a nd D ir e c t ion t o St a ff
Council Discussion Regarding Mayor Selection Process (Mugerauer)
A t t a chment sAttachments
Memo re Change from Elected Mayor to Council-Selected President
TO: Members of the Oshkosh Common Council
FROM: Matt Mugerauer, Mayor – City of Oshkosh
DATE: January 18, 2024
SUBJECT: Changing from elected Mayor to council selected President
BACKGROUND:
Since 1956, the City of Oshkosh has operated under a City Manager form of government as a Chapter
64 municipality. This chapter of the Wisconsin State Statutes describes the major responsibilities of the
manager and the council. It makes no reference to a mayor, noting the president of the council is the
highest elected official.
Of the Chapter 64 Council Manager cities in the State of Wisconsin, Oshkosh is the only community
with an at large elected Mayor. This includes communities such as Fond du Lac, Janesville and Beloit
that all have a Council Manager form of government with self-selected council presidents.
CURRENT PROCESS:
• Mayor is nominated and elected from the city at large, serving a two-year term. Elected in the
odd years, most recently 2023.
• Six council members are nominated and elected from the city at large, serving two-year terms.
Three elected in the even years, three elected in the odd years.
WHY CHANGE:
As stated previously, Oshkosh is unique, we are the only Chapter 64 municipality with an elected mayor.
Uniqueness can have its advantages, however in this case the disadvantages outweigh the advantages.
Significant confusion exists within the community, region and state regarding the Mayor of Oshkosh,
specifically who is the chief executive of Oshkosh. A significant portion of our population believes the
Mayor of Oshkosh is the chief executive. A dangerous assumption if that perception is allowed to
continue.
Examples:
• State officials reaching out to the Mayor instead of City Manager’s Office, for matters that
require the chief executive to be informed and for decisions to be made.
• Confusion regarding who is responsible for media contacts.
• Questions as to who speaks for the City of Oshkosh.
• Questions of who can negotiate on behalf of the City of Oshkosh.
• Potential for lack of clarity between Executive (City Manager) functions and Legislative (Council)
functions within the organization.
• Electors believing the person they are voting for will be the chief executive.
As noted in the January 2024 League of Wisconsin Municipalities The Municipality, Policymaking vs.
Administration ….” Councilmembers and board members make policies and set budgets, and then it is
up to the mayors (in cities with mayor-council form of government), city managers (in cities with
council-manager form of government), and administrators (in cities and villages with an administrator)
to implement those policies and budgets. Learning the difference between the two key functions –
policymaking and administration – and respecting the boundaries between them is critical to a well-run
government.”
SUGGESTED NEW PROCESS:
• Seven council members who are nominated and elected from the city at large, serving two-year
terms. Three elected in even years, four elected in the odd years.
• Effective the April 2025 Spring General Election four council members would be elected, serving
two-year terms.
• At the Common Council’s annual reorganizational meeting held on the third Tuesday in April, a
Council President and Council Vice President shall be selected by a majority vote of the council
members. Allowing the council to choose the best leader among them.
• All references to Mayor and Deputy Mayor within City Municipal Code shall be changed to
Council President and Vice President respectively.
• No change in powers or responsibilities.
• To encourage and allow other members to become better leaders, a member elected as
President should serve no more than two consecutive years.
• As is current practice, when the Mayor is temporarily unavailable or unable to exercise their
duties the Deputy Mayor serves as acting Mayor, the same shall apply for Council President and
Vice President.
• Can be enacted with an ordinance update from the Common Council, effective the end of the
current Mayoral term.
I find it important to note the Oshkosh Area School District Board of Education and Winnebago County
Board of Supervisors use a very similar process to choose their respective leaders.
Moving away from an elected Mayor to a council selected President will provide better alignment with
our peers, will provide for less confusion and an overall more efficient local government, allowing us to
better serve those we represent.
SUPPORTING MATERIAL:
City of Fond du Lac Supplemental Meeting Rules for City Council, City of Fond du Lac 2022 -2023
https://www.fdl.wi.gov/city-council/wp-content/uploads/sites/6/2022/05/2022-2023-Supplemental-
Meeting-Rules-for-City-Council.pdf
Wisconsin State Legislature, Subchapter 1, City Manager Plan
https://docs.legis.wisconsin.gov/statutes/statutes/64
Wisconsin City/County Management Association, Types of Local Government
https://www.wcma-wi.org/140/Options-Available
League of Wisconsin Municipalities, The Municipality, January 2024
https://lwm-info.org/DocumentCenter/View/6788/January-2024-Magazine-Fresh-Starts-and-Setting-
Priorities-V3?bidId=
SUB JEC T:SUB JEC T :Council Discussion, Direction to City Manager & Future Agenda Items
D A TE :D A T E :February 13, 2024
Fut ur e Work s hop sFuture Wor k s ho p s
Strategic Planning Session, March 4th, 2024, 8:00 AM - 4:30 PM at Lakeshore Park's Four-Seasons Building
TO :T O :Honorable Mayor and Members of the Common Council
FRO M :FRO M :Jon Urben, General Services Manager
D A TE :D A T E :February 13, 2024
SUB JEC T:SUB JEC T :Rise Leadership: Employee Coaching & Staff Development ($25,000.00)
B A C KGRO UN DBACKGROUND
The Human Resources Division and Public Works Department have engaged Rise Leadership to provide
employee coaching and development opportunities for supervisors and managers in Public Works as well
as other City Departments for several years. These services include individual coaching, small group
sessions, and long-term departmental and staff development strategies.
A N A L Y SI SANALYSIS
The Human Resources Division solicited a proposal from Rise Leadership to provide these services
throughout calendar year 2024. The city engaged Rise Leadership to provide similar services for other
departments in the past and staff have been very pleased with the outcome of those services.
FI SC A L I M P A CTFISCAL I M P A C T
The total fiscal impact for this engagement is $25,000.00. The project will be charged to the various 6421
accounts (Employee Training/Development) of the operating budgets of the Public Works
divisions/departments participating in this training as well as the Human Resources 01000040-6421 budget.
REC O M M E N D A TI ONRECOMMENDATION
Chapter 12 of the Municipal Code of the City of Oshkosh provides that professional services of a
specialized nature may be procured without the use of competitive bidding or quotation process. In
accordance with Section 12-16 of the Code, I am hereby submitting this report regarding this professional
services engagement. Please contact me if you have any questions concerning this agreement.
TO :T O :Honorable Mayor and Members of the Common Council
FRO M :FRO M :Mark Rohloff, City Manager
D A TE :D A T E :February 13, 2024
SUB JEC T:SUB JEC T :Professional Services Agreement with Jacobs Engineering Group, Inc. for Wastewater
Treatment Plant Secondary Clarifiers No. 2 and No. 4 Improvements Engineering Services
($38,900)
B A C KGRO UN DBACKGROUND
In 2023, the City of Oshkosh (City) made improvements to the Wastewater Treatment Plant (WWTP)
Secondary Clarifiers No. 1 and No. 3 to improve process performance. These improvements included
replacing damaged mortar on the floors of the clarifiers or grinding the mortar surface to make it more
uniform. Also, the clarifier mechanisms were repaired and rebalanced. The purpose of the WWTP
Secondary Clarifier No. 2 and No. 4 Improvements Project is to complete similar work on Secondary
Clarifiers No. 2 and No. 4.
A N A L Y SI SANALYSIS
Jacobs' services will include updating the 2023 WWTP Secondary Clarifiers Mortar Replacement bid
documents to reflect the lessons learned in 2023 and address the anticipated scope of work for
Secondary Clarifiers No. 2 and No. 4, preparing drawings and specifications needed to bid and perform
this Project, fielding questions from bidders and preparing written responses to any questions in the form
of addenda, reviewing and approving technical submittals, responding to requests for information,
reviewing pay applications, and conducting four (4) inspections of the mortar surface preparation and
replacement work.
FI SC A L I M P A CTFISCAL I M P A C T
The cost of this agreement is $38,900. Funding for this Project is included in the Wastewater section of the
2024 Capital Improvement Program (Account #03221910-7214-64006/Sewer Capital Fund-Buildings &
Building Imprvmnts-Clarifiers 1-4 Floor Replacement).
REC O M M E N D A TI ONRECOMMENDATION
Chapter 12 of the Municipal Code of the City of Oshkosh provides that professional services of a
specialized nature, including engineering services, may be procured without the use of formal, sealed
quotes. In accordance with Section 12-16 of the Code, I am hereby submitting this report regarding this
professional services agreement.
A t t a chment sAttachments
24-21 Jacobs agreement
SUB JEC T:SUB JEC T :Outstanding Issues
D A TE :D A T E :February 13, 2024
A t t a chment sAttachments
Outstanding Issues 02.13.24
City of Oshkosh Status of Outstanding Issues
Date of Initial
Request
Affected
Department(s)
(If Applicable)
Title of Directive Current Status Next Status
Report/Update Other Notes
1/22/2019 &
1/10/2023
Finance & Public
Works
Work to address inequities in Special Assessments by
providing Council options
Reading of ordinances planned for February 13th
and February 27th. 2/27/2024
Public information campaign
underway in advance of final
Council consideration.
6/9/2020 City Manager Community Conversations to address racism City Manager continuing discussions with various
community groups. 2/13/2024
City Manager used strategic
plan focus group to introduce
people that had not previously
been connected.
1/10/2023 City Manager Engage other governmental and non-profit entities in the
region to reduce and prevent homelessness
City Manager engaged with community
stakeholders on continued efforts to address
continuum of care.
3/26/2024
1/10/2023 City Manager Infuse Sustainability and DEI concepts into City policies and
City day to day operations
Goal continues into 2024 City Manager goals.
SAB to discuss training for employees to
introduce sustainability principles.
3/26/2024
1/9/2024 City Manager
Continue participating in state wide initiatives to improve
Oshkosh’s shortfall in state-local funding, including fully
funding Municipal Services Program (MSP).
Continuation of this goal will focus on Municipal
Services Payment (MSP) program in 2024 3/26/2024
8/24/2021 Community
Development Convention and Visitors Bureau (CVB) Tourism Assessment City staff is working with the CVB and other
community partners on a Downtown Area study.3/26/2024 Downtown study draft near
completion.
5/10/2022 City Manager American Rescue Plan Act (ARPA) funding for non-
infrastructure purposes.
Staff has begun soliciting an additional round of
proposals. 3/12/2024
DEI and SAB discussed RFP at
recent meetings. SAB to submit
proposal.
1/10/2023 DPW/Legal Sanitary District Negotiations
Staff has submitted final draft to Districts. Staff
will not bring to Council until final language is
agreed upon. Non-contractual rates have been
implemented.
3/26/2024
Follow-up discussions on final
terms to take place within 30
days.
2/13/2024 Council Meeting