HomeMy WebLinkAbout17. 12-128
MARCH 27, 2012 12-128 RESOLUTION
(CARRIED__6-0_____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: APPROVE VARIANCE TO WEAPONS AND FIREARMS
RESTRICTION FOR WHITETAILS UNLIMITED BANQUET AT
OSHKOSH CONVENTION CENTER ON MARCH 29, 2012
INITIATED BY: CITY ADMINISTRATION
WHEREAS, the City of Oshkosh restricts the possession of weapons and firearms
in city buildings including the Oshkosh Convention Center; and
WHEREAS, Whitetails Unlimited has requested a waiver to allow them to bring
firearms into the Oshkosh Convention Center for purposes of a fundraising event for their
organization; and
WHEREAS, Whitetails Unlimited is working with the Oshkosh Police Department to
ensure the protection of public safety during their event.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the variance for Whitetails Unlimited for their annual banquet to be held at
the Oshkosh Convention Center on March 29, 2012 from Section 17-3 of the Oshkosh
Municipal Code pertaining to Weapons and Firearms Restricted in City Buildings is
approved with the following conditions:
1) The variance is limited to those firearms that are being raffled as part of the
fundraising event. There shall be no other possession or carrying of weapons,
whether open or concealed.
2) The firearms shall be unloaded and encased except that the firearms may be
displayed outside of a case only when under the direct control and supervision
of a responsible adult who has not consumed alcohol beverages. Firearms shall
not be handled when on display except as necessary for placement on and
removal from the display.
3) There shall be no ammunition permitted upon the premises of the Oshkosh
Convention Center.
Violation of any of the conditions listed above shall void this variance and subject those
persons possessing firearms to penalty under the city ordinances and/or state statutes for
trespass.
CITY HALL
215 Church Avenue
P.O.Box 1130
Oshkosh 54903-1130 City of Oshkosh
OfHKOJH
TO: Honorable Mayor and Members of the Common Council
FROM: Lynn A. Lorenson, City Attorney
DATE: March 22, 2012
RE: Resolution to Approve Variance to Weapons and Firearms Restriction for
Whitetails Unlimited Banquet at Oshkosh Convention Center on March 29,
2012
BACKGROUND
In November 2011, the Council revised municipal code provisions to prohibit the
possession and carrying of firearms in certain municipal buildings including the city
owned Oshkosh Convention Center. The City has now received a request for a limited
variance to that prohibition from Whitetails Unlimited related to their annual banquet to
be held at the Oshkosh Convention Center on March 29, 2012. As part of their banquet
activities Whitetails Unlimited will be holding a raffle that includes several firearms as
prizes. Whitetails Unlimited is seeking a variance to allow them to display the firearms
that may be won in the raffle as part of their event.
ANALYSIS
The variance being sought is limited to the display of unloaded firearms for the purpose
of promoting the raffle. While the display of the firearms is not essential for the conduct
of the raffle, display of the items is desirable for Whitetails Unlimited as it increases the
likelihood of persons purchasing raffle tickets and increases the revenue generated in
support of their activities.
Whitetails Unlimited is working with the Oshkosh Police Department to ensure that
reasonable precautions are in place to protect the public's health, safety and welfare
during the banquet event. The firearms will be unloaded and Whitetails Unlimited will
transport the firearms in cases. There will be no other possession or carrying of
weapons allowed at the event. When the firearms are displayed, they will be under the
direct supervision and control of their committee members and no ammunition will be
present for the firearms on site.
.•
FISCAL IMPACT
There is no anticipated fiscal impact to granting the variance.
RECOMMENDATION
Based upon limited variance requested by and the assurances from Whitetails Unlimited,
city staff believes that approval of the variance requested is not contrary to the public
health, safety and welfare.
Respectfully Submitted, Approved: C /�
t n A. Lorenso Mark A. Rohloff
City Attorney City Manager