HomeMy WebLinkAbout08-503DECEMBER 23, 2008 08 -503 ORDINANCE
FIRST READING
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVAL OF VARIANCE TO DEER FEEDING BAN AND
FIREARM DISCHARGE ORDINANCES / CULLING OF URBAN
DEER / OSBORN AVENUE AREA
INITIATED BY: CITY ADMINISTRATION
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH GRANTING A VARIANCE TO
THE PROVISIONS OF SECTION 6 -6.5 PROHIBITING THE FEEDING OF DEER AND
SECTION 17 -4 PROHIBITING THE DISCHARGING OF A FIREARM WITHIN THE CITY
OF OSHKOSH FOR PURPOSES OF CULLING THE URBAN DEER HERD WITHIN THE
OSBORN AVENUE AREA
The Common Council of the City of Oshkosh does ordain as follows:
SECTION 1. That the Common Council does hereby grant a variance to the
provisions of section 6 -6.5 prohibiting the feeding of deer and section 17 -4 prohibiting the
discharging of a firearm within the City of Oshkosh for the purpose of culling the urban
deer herd. This variance is limited to:
The National Guard Armory property located at 1415 Armory Place, Oshkosh, WI
Employees and agents of Urban Wildlife Specialists, Inc.
The period from January 14, 2009 through April 1, 2009
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 #08 -XXX APPROVAL OF VARIANCE TO DEER FEEDING BAN AND
FIREARM DISCHARGE ORDINANCES / CULLING OF URBAN DEER / OSBORN
AVENUE AREA, on January 13, 2009. The ordinance grants a variance to the provisions
of section 6 -6.5 prohibiting the feeding of deer and section 17 -4 prohibiting the discharging
of a firearm within the City of Oshkosh for the purpose of culling the urban deer herd on
the National Guard Armory property located at 1415 Armory Place, Oshkosh, WI for
employees and agents of Urban Wildlife Specialists, Inc. during the period from January
14, 2009 through April 1, 2009.
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:
Oy29IN G-1WilmI
TO: Honorable Mayor and Members of the Common Council
FROM: Lynn A. Lorenson, City Attorney
DATE: October 9, 2008
RE: Ordinance 08 -503 Approval of Variance to Deer Feeding Ban and
Firearm Discharge Ordinances / Culling of Urban Deer / Osborn
Avenue Area
BACKGROUND
In January, 2008 Acting City Manager John Fitzpatrick asked Police Chief Greuel,
Acting City Attorney Lorenson and Parks Director Stephany to work as a
committee to address issues and concerns that had been raised by citizens in
the Osborn Avenue area related to urban deer. Surveys were conducted of
residents in the area during January and February 2008 and several meetings
were conducted with staff, residents in the area, other citizens who had
expressed interest in the issue, representatives of Vulcan Quarry, the National
Guard, the Wisconsin Department of Natural Resources and the United States
Department of Agriculture — Wildlife Services Division.
A workshop on the issue was held with the Common Council on March 25, 2008.
A number of possible resolution options were discussed, including reduction of
the deer herd by culling, trapping and euthanasia, trapping and relocation,
containment, contraception, enactment of a feeding ban, landscape management
practices, fencing of private yards, use of deer repellents and use of scare
devices. On May 13, 2008 the Common Council passed Resolution 08 -163
approving recommendations for an Urban Deer Management Program including
a provision to work with the Humane Society of the United States for a
presentation on deer landscape management, reviewing the effects of changes
to the neighborhood as a result of deer landscape management techniques and
bringing forward further proposals to the Council including culling or reduction of
the deer herd in the Osborn Avenue Area and reviewing the requirements for an
Urban Wildlife Damage and Abatement Control Grant through the Wisconsin
Department of Natural Resources. Also on May 13, 2008 the Council passed
ordinance 08 -171 creating section 6 -6.5 of the Oshkosh Municipal Code
prohibiting the feeding of deer within the City. On November 25, 2008, the
Common Council approved the application of the City for an Urban Wildlife
Damage and Abatement Control Grant for the purpose of reducing the deer herd
in the Osborn Avenue Project Area beginning January 2009.
For the purpose of facilitating the Reduction /Culling Project the Common Council
is being asked to approve a variance to two city ordinances: the deer feeding
ban and the ordinance prohibiting discharging of a firearm within the City limits.
At the second reading of this proposed ordinance, the Council will also be asked
to approve a contract with Urban Wildlife Specialists, Inc. for the purpose of
conducting the Culling /Reduction Project.
ANALYSIS
It is necessary to provide a limited variance to the deer feeding ban and
ordinance prohibiting the discharge of firearms within the City limits to allow
Urban Wildlife Specialists, Inc. to conduct the Reduction /Culling project in the
safest and most efficient manner. The City in cooperation with Urban Wildlife
Specialists, Inc. will set up a feeding station for the deer within the project area
approximately two weeks prior to project implementation to attempt to bring as
many of the deer into the project area as possible prior to implementation. Urban
Wildlife Specialists will reduce /cull the deer herd by using professional
sharpshooters.
FISCAL IMPACT
There is no anticipated fiscal impact to the variances requested, however, it
should be noted that there will be some cost for corn for feeding and a fiscal
impact to the accompanying contract with Urban Wildlife Specialists, Inc. which
will be before the Council at its January 13, 2009 meeting.
RECOMMENDATION
Staff recommends that the Council approve the requested variances.
Respectfully Submitted,
S�
Scott Greuel
Police Chief
L A. Lorens
City Attorney
Approved:
Mark A. Rohloff
City Manager