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HomeMy WebLinkAbout07-114 MARCH 27,2007 FIRST READING APRIL 10, 2007 SECOND READING 07 -1 03 07 -114 ORDINANCE (CARRIED 6-0 LOST LAID OVER WITHDRAWN PURPOSE: CHANGE NO WAKE ZONE TIME - RAINBOW PARK INITIATED BY: PARKS DEPARTMENT WHEREAS, the Advisory Parks Board has found that there is significant boat use resulting in the creation of wakes in the Fox River adjacent to the Rainbow Park boat launches on Friday afternoons; and WHEREAS, there are safety concerns with regard to boaters using the Rainbow Park boat launches and loading docks during Friday afternoons due to wakes generated by boaters using the river; and WHEREAS, Wisconsin Statutes S30.77 authorizes the City of Oshkosh to regulate the operation of boats on that portion of the Fox River that lies within its jurisdiction; and WHEREAS, Statutes require that the City take into account factors that include all of the following: 1. The type, size, shape and depth of the body of water and any features of special environmental significance that the body of water has. 2. The amount, type and speed of boating traffic on the body of water and boating safety and congestion; and 3. The degree to which the boating traffic on the body of water affects other recreational uses and the public's health, safety and welfare, including the public's interest in preserving the state's natural resources. WHEREAS, the Wisconsin Administrative Code requires approval from the Department of Natural Resources for the placement of markers in Wisconsin Waters. WHEREAS, the Advisory Parks Board, based on unsafe river wakes during Friday afternoons, approved a recommended time change from 6:00 p.m. to 3:00 p.m. on Friday afternoons, and NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh, as follows: MARCH 27,2007 FIRST READING APRIL 10, 2007 SECOND READING 07 -1 03 07 -114 ORDINANCE CONT'D SECTION 1. That the Council has considered the relevant factors pertaining to this request including: 1. The type, size, shape and depth of the Fox River within its jurisdiction and any features of special environmental significance that the Fox River has. 2. The amount, type and speed of boating traffic on the Fox River and boating safety and congestion; and 3. The degree to which the boating traffic on the Fox River affects other recreational uses and the public's health, safety and welfare, including the public's interest in preserving the state's natural resources. SECTION 2. That Section 17-29 (A) (1) of the Oshkosh Municipal Code pertaining to the speed limits for motorboats is hereby amended to read as follows: SECTION 17-29 SPEED LIMITS FOR MOTORBOATS (A) No person shall drive or operate a motorboat at a speed in excess of slow-no-wake speed on the following waterways: (1) Fox River, under or through the Canadian National Railroad bridge from a point 900 feet south and east/downstream to under or through a bridge, under or through the Main Street bridge, between the Main Street bridge and the Oregon/Jackson Street bridge, under or through the Wisconsin/Ohio Street bridge, and under or through the Oshkosh/Congress Avenue bridge from a point 1,200 feet south/downstream to a point 1,900 feet north/upstream of the bridge. The slow/no wake zone in and around the Oshkosh/Congress Avenue bridge shall be valid from 3:00 P.M. Fridays through Sunday 12:00 midnight and legal holidays only. SECTION 3. That the appropriate City Staff is directed to file application with the Department of Natural Resources for the placement of navigational aides and buoys to mark the location and speed limit of the extended zone. SECTION 4. This ordinance shall be in full force and effect from and after its passage and publication and the placement of the appropriate navigational aides and buoys.