HomeMy WebLinkAbout08-219JUNE 24, 2008 08 -219 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: AFFIRM DECLARATION OF EMERGENCY NO WAKE ZONE
FOR FOX RIVER
INITIATED BY: CITY ADMINISTRATION
A RESOLUTION OF THE CITY OF OSHKOSH AFFIRMING THE DECLARATION OF
AN EMERGENCY NO WAKE ZONE FOR THE FOX RIVER WITHIN THE
BOUNDARIES OF THE CITY OF OSHKOSH
Whereas, heavy rains occurring in the City of Oshkosh during the period from
June 6, 2008 through June 13, 2008 have caused damage and have caused the level of
the Fox River to rise within the boundaries of the City of Oshkosh and pose a continuing
and substantial threat to public order, and a threat to the life, health and safety of the
citizens of the City of Oshkosh; and
Whereas, the Common Council was unable to meet with promptness to address
the effects of the storm immediately; and
Whereas, pursuant to the authority granted under the provisions of the Oshkosh
Municipal Code, Chapter 9, Emergency and Disaster Planning and Response, the
Acting City Manager for the City of Oshkosh declared an emergency covering the entire
City of Oshkosh and the Common Council has affirmed such declaration; and
Whereas, the Acting City Manager, after consultation with the Wisconsin
Department of Natural Resources and Winnebago County, declared a no wake zone for
that portion of the Fox River within the Boundaries of the City of Oshkosh under the
authority granted to him by Chapter 9 of the City of Oshkosh Municipal Code and
Chapters 166 and 30 of the Wisconsin Statutes; and
Whereas, the Fox River is at flood stage and there is significant danger of
property damage along the river, as well as concern over debris that may be present in
the flood waters and the safety of the boating and the general public; and
Whereas, the continued implementation of the no wake zone in the Fox River
within the jurisdiction of the City of Oshkosh is necessary to protect the public health
and safety.
JUNE 24, 2008
08 -219 RESOLUTION
CONT'D
NOW, THEREFORE, BE IT RESOLVED that the attached Declaration of
Emergency No Wake Zone on the Fox River within the Boundaries of the City of
Oshkosh is hereby affirmed.
BE IT FURTHER RESOLVED that the City Emergency Management Coordinator
is hereby authorized and directed to declare an end to this Emergency No Wake Zone
Declaration when in his opinion it is no longer necessary for the protection of the public
health and safety.
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ORDINANCE DECLARING NO WAKE ZONE FOR THE FOX RIVER WITHIN THE
BOUNDARIES OF THE CITY OF OSHKOSH
Whereas, the Acting City Manager for the City of Oshkosh has declared a State
of Emergency for the City of Oshkosh under the provisions of the City of Oshkosh
Municipal Code, Chapter 9, Emergency and Disaster Planning and Response, and
Chapter 166 of the Wisconsin Statutes; and
Whereas, the Common Council is unable to meet with promptness to address the
effects of the storms and consequent flooding immediately; and
Whereas, heavy rains occurring in the City during the period from June 6, 2008
through June 13 2008 and projected to continue through the next several days have
caused the level of the Fox River to rise within the boundaries of the City of Oshkosh;
and
WHEREAS, Wisconsin Statutes §30.77 authorizes the City of Oshkosh to
regulate the operation of boats on that portion of the Fox River that lies within the city's
jurisdiction; and
WHEREAS, when regulating boat traffic, 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 Fox River is at flood stage and there is significant danger of
property damage along the river, as well as concern over debris that may be present in
the flood waters and safety of the boating and general public; and
Whereas, implementation of a no -wake zone in the Fox River within the
jurisdiction of the City of Oshkosh is necessary to protect the public health and safety.
NOW, THEREFORE, John M. Fitzpatrick, Acting City Manager for the City of
Oshkosh, after consultation with the Wisconsin Department of Natural Resources and
Winnebago County, does ordain as follows:
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That all the relevant factors pertaining to this request have been considered,
including:
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.
That for the period of emergency there is hereby established a no wake zone
upon the Fox River, as follows:
Fox River, from a point 900 feet south of the Canadian National
Railroad bridge north- northwesterly to a point under or through the
Lake Butte des Morts / U.S. Highway 41 bridge.
This ordinance shall be in full force and effect immediately and shall be posted at
all boat launches within the City of Oshkosh to give notice to the boating public.
CITY OF OSHKOSH
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