HomeMy WebLinkAbout50. 12-219
R E V I S E D
APRIL 24, 2012 12-148 12-168 12-219 LAID OVER
APRIL 10, 2012 ORDINANCE
MARCH 27, 2012
(CARRIED___7-0_____ LOST________ LAID OVER________ WITHDRAWN_______)
PURPOSE: REPEAL & AMEND MUNICIPAL ORDINANCES RELATED TO THE
CITY OF OSHKOSH BOARD OF HEALTH & HEALTH SERVICES
DIVISION / AUTHORIZE WINNEBAGO COUNTY DEPARTMENT OF
HEALTH TO ENFORCE CITY ORDINANCES DURING
CONSOLIDATION PERIOD
INITIATED BY: CITY ADMINISTRATION
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 1-5.3(4)
AUTHORIZING THE EMPLOYEES OF THE WINNEBAGO COUNTY HEALTH
DEPARTMENT TO ACT AS THE AGENTS OF THE CITY OF OSHKOSH DURING THE
PERIOD OF TIME NECESSARY FOR FULL CONSOLIDATION WITH WINNEBAGO
COUNTY AND THE CITY OF NEENAH FOR PURPOSES OF ENFORCING, INCLUDING
ISSUING CITATIONS, THOSE PORTIONS OF CHAPTER 6 OF THE CITY’S MUNICIPAL
CODE PERTAINING TO COMMERCIAL AND BOARDING KENNELS, GROOMING SALONS
AND PET SHOPS; CHAPTER 14 PERTAINING TO FOOD AND FOOD ESTABLISHMENTS;
CHAPTER 15 PERTAINING TO HEALTH, EXCEPT THOSE SECTIONS PERTAINING TO
EXCESSIVE NOISE AND PRIVATE WELLS; REPEALING AND RECREATING SECTION 1-
5.3(3)(A) OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO ISSUANCE OF
CITATIONS FOR VIOLATIONS OF ORDINANCES – SCHEDULE OF DEPOSITS;
REPEALING AND RECREATING SECTION 1-5.3(4) (FIRST UNNUMBERED PARAGRAPH)
PERTAINING TO THE DESIGNATION OF CITY OFFICIALS WHO MAY ISSUE CITATIONS;
REPEALING SECTION 2-35(B)(3) PERTAINING TO THE DUTIES OF THE DEPARTMENT
OF COMMUNITY DEVELOPMENT – OPERATION OF HEALTH DIVISION AND
RENUMBERING CONSECUTIVELY THE REMAINING SECTIONS OF SECTION 2-35(B);
REPEALING SECTION 2-45(A) PERTAINING TO THE BOARD OF HEALTH; REPEALING
AND RECREATING SECTION 4-4(A) PERTAINING TO LIQUOR LICENSE INVESTIGATION
AND APPROVAL; REPEALING AND RECREATING SECTION 4-10 PERTAINING TO
LIQUOR LICENSED PREMISES HEALTH RULES; REPEALING SECTIONS 5-1 THROUGH
5-13 (INCLUSIVE) PERTAINING TO THE LICENSING, INVESTIGATION AND REGULATION
OF DANCE HALLS; REPEALING AND RECREATING SECTION 5-18(I) (THIRD
UNNUMBERED PARAGRAPH) PERTAINING TO SPECIAL EVENTS; REPEALING AND
RECREATING SECTION 5-18(IV)(A)(3) PERTAINING TO CONTACTS FOR SPECIAL
EVENTS; REPEALING AND RECREATING SECTION 5-18(IV)(A)(4) PERTAINING TO CITY
DEPARTMENTS TO BE PROVIDED WITH COPIES OF SPECIAL EVENTS APPLICATIONS;
REPEALING SECTIONS 6-1(A) (4)-(6) AND (9) PERTAINING TO THE DEFINITIONS OF
OF OFFICER FOR PURPOSES OF ENFORCEMENT OF THE CITY'S ANIMAL
ORDINANCES; REPEALING AND RECREATING SECTION 6-5.6 (B)AND (C) PERTAINING
TO HEARINGS AND HEARING OFFICERS FOR ABATEMENT ORDERS RELATED TO THE
CITY'S ANIMAL ORDINANCES; AMENDING THE TITLE TO ARTICLE IV OF CHAPTER 6
PERTAINING TO ANIMAL SHELTER AND IMPOUNDMENT OF ANIMALS; REPEALING
AND RECREATING SECTION 6-13 PERTAINING TO THE ADOPTION OF STATE
STATUTES RELATED TO IMPOUNDMENT; AND REPEALING SECTION 6-15(B)-(F)
PERTAINING TO THE RABIES CONTROL PROGRAM; REPEALING AND RECREATING
SECTION 6-16 PERTAINING TO VICIOUS ANIMALS; REPEALING SECTION 6-19
PERTAINING TO LICENSING AND REGULATION OF PET STORES, COMMERCIAL
KENNELS, BOARDING KENNELS AND GROOMING SALONS; CREATING SECTION 6-19
PERTAINING TO SALE OF PROHIBITED ANIMALS; REPEALING SECTIONS 6-20(B)AND
(E) AND 6-21(E) PERTAINING TO THE PENALTIES FOR VIOLATION OF THE CITY'S
ANIMAL ORDINANCES AND RELETTERING REMAINING SUBSECTIONS OF SECTION 6-
20; REPEALING CHAPTER 14 PERTAINING TO FOOD AND FOOD ESTABLISHMENTS;
REPEALING CHAPTER 15 PERTAINING TO HEALTH; REPEALING SECTIONS 17-33, 17-
34 AND 17-35 PERTAINING TO PUBLIC NUISANCES ARE HEREBY REPEALED AND
RECREATING SECTION 17-33 PERTAINING TO PUBLIC NUISANCES; REPEALING AND
RECREATING SECTION 17-38(A) PERTAINING TO THE INSPECTION OF PREMISES
FOR PUBLIC NUISANCES; REPEALING SECTION 17-42 PERTAINING TO
SOUNDTRUCKS AND AIRCRAFT AND RECREATING SECTION 17-42 PERTAINING TO
EXCESSIVE NOISE; REPEALING SECTION 20-4(E) PERTAINING TO THE INSPECTION
OF PREMISES FOR PUBLIC NUISANCES; CREATING SECTION 20-12.2 PERTAINING TO
PRIVATE WELLS; AND CREATING SECTION 30-35(L) PERTAINING TO HIGH RISK
SEXUAL CONDUCT ESTABLISHMENTS; ALL PERTAINING TO CITY OF OSHKOSH
BOARD OF HEALTH AND HEALTH DEPARTMENT DUTIES AND RESPONSIBILITIES
WHEREAS, the City of Oshkosh, City of Neenah, and Winnebago County have
entered into an Agreement for the Consolidation of Health Services under Winnebago County
and to reflect the transfer of public health employees to Winnebago County; and
WHEREAS, it is necessary for the City of Oshkosh to repeal and amend its Municipal
Code to allow Winnebago County to enforce appropriate health regulations within the City of
Oshkosh; and
WHEREAS, it is necessary for the City of Oshkosh to designate the employees of the
Winnebago County Health Department as its agents for the purposes of enforcing certain
ordinances during a short period of time necessary for the full transfer of health services to
Winnebago County.
The Common Council of the City of Oshkosh does ordain as follows:
SECTION 1. That Section 1-5.3(4) of the Oshkosh Municipal Code pertaining to the
designation of city officials who may issue citations is hereby amended to add the following
paragraph immediately following the first unnumbered paragraph in this subsection:
In addition, the employees of the Winnebago County Health Department are hereby
designated as City officials who may issue citations with respect to those portions of
Chapter 6 of the City's Municipal Code pertaining to Commercial and Boarding
Kennels, Grooming Salons and Pet Shops; Chapter 14 pertaining to Food and Food
Establishments; and Chapter 15 pertaining to Health, except those sections pertaining
to Excessive Noise and Private Wells. (This paragraph shall automatically repeal on
July 1, 2012 without further action being necessary for its repeal.)
SECTION 2. That Section 1-5.3(3)(a) of the Oshkosh Municipal Code pertaining to
Issuance of Citations for Violations of Ordinances—Schedule of Deposits is hereby repealed
and recreated to read as follows:
(3) SCHEDULE OF DEPOSITS.
(a) The following schedule of cash deposits is established for use with citations
issued under this ordinance. For violations of Chapter 7 of the Oshkosh
Municipal Code (Building Code), Chapter 11 of the Oshkosh Municipal Code
(Electrical Code), Chapter 16 of the Oshkosh Municipal Code (Housing),
Chapter 20 of the Oshkosh Municipal Code (Plumbing), Chapter 29 of the
Oshkosh Municipal Code (Weights and Measures) - $75.00 plus 15%
penalty provisions plus costs. All other citations issued under this ordinance
shall carry a cash deposit as prescribed in Section 1-5.1 of the Oshkosh
Municipal Code.
SECTION 3. That Section 1-5.3(4) (first unnumbered paragraph) of the Oshkosh
Municipal Code pertaining to the designation of city officials who may issue citations is hereby
repealed and recreated to read as follows:
(4) ISSUANCE OF CITATION. Law Enforcement Officer. Any law enforcement
officer may issue citations authorized by this municipal code. In addition, the
following are hereby designated as City officials who may issue citations with
respect to ordinances directly related to their official responsibilities: Fire Chief,
Fire Inspector, Building Inspector, Electrical Inspector, Weights and Measures
Inspector, Plumbing Inspector and Plumbing Supervisor, Housing Inspector,
Sanitation Superintendent, Director of Community Development, and Director of
Public Works/City Engineer. In addition, the above mentioned individuals may
delegate, with the approval of the City Manager, the authority to their assistants
or other designee.
SECTION 4. That Section 2-35(B)(3) of the Oshkosh Municipal Code pertaining to the
Duties of the Department of Community Development — Operation of Health Division is
hereby repealed and the remaining subsections renumbered consecutively.
SECTION 5. That Section 2-45 of the Oshkosh Municipal Code pertaining to the Board
of Health is hereby repealed.
SECTION 6. That Section 4-4(A) of the Oshkosh Municipal Code pertaining to liquor
license investigation and approval is hereby repealed and recreated to read as follows:
SECTION 4-4 LICENSE INVESTIGATION AND APPROVAL
(A) Investigation by Officials
The City Clerk shall notify the Chief of Police, the Winnebago County Health
Department, and the Chief of the Fire Department of each application, and
these officials shall inspect or cause to be inspected each application and the
premises, together with such other investigation as shall be necessary to
determine whether the applicant and the premises sought to be licensed comply
with the regulations, ordinances, and laws applicable thereto, including those
governing sanitation in restaurants, and whether the applicant is a proper
person to be the recipient of a license.
These officials shall each file with the City Clerk, the information derived from
such investigation accompanied by a recommendation as to whether a license
should be granted or refused.
No license shall be renewed without an inspection of the records relating to the
premises and reinspection of the premises if deemed appropriate by the
officials designated.
The City Clerk shall also notify the Chief of Police who shall interview or cause
to be interviewed the applicant for purposes of completing the Council
Questionnaire.
SECTION 7. That Section 4-10 of the Oshkosh Municipal Code pertaining to liquor
licensed premises Health Rules is hereby repealed and recreated to read as follows:
SECTION 4-10 HEALTH RULES
Each licensed premises shall have a current Health Permit or Restaurant License.
SECTION 8. That Sections 5-1 through 5-13 inclusive of the Oshkosh Municipal Code
pertaining to the Licensing, Investigation, and Regulation of Dance Halls is hereby repealed.
SECTION 9. That Section 5-18(1) (third unnumbered paragraph) of the Oshkosh
Municipal Code pertaining to Special Events is hereby repealed and recreated to read as
follows:
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.
SECTION 10. That Section 5-18(IV)(A)(3) of the Oshkosh Municipal Code pertaining
to contacts for Special Events is hereby repealed and recreated to read as follows:
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 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.
SECTION 11. That Section 5-18(IV)(A)(4) of the Oshkosh Municipal Code pertaining
to City Departments to be provided with copies of Special Events applications is hereby
repealed and recreated to read as follows:
4. The following City departments will be provided with copies of the Special Event
permit application for their review and comment: City Manager, 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. 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.
SECTION 12. That Sections 6-1(A) (4)-(6) and (9) of the Oshkosh Municipal Code
pertaining to the definitions of Commercial and Boarding Kennels, Grooming Salons, and Pet
Shops are hereby repealed.
SECTION 13. That Section 6-1(A)(8)of the Oshkosh Municipal Code pertaining to the
definition of Officer for purposes of enforcement of the City's Animal Ordinances is hereby
repealed and recreated to read as follows:
(8) Officer shall mean a peace officer as defined under Section 939.22(22) Wis.
Stats., a humane officer, or a community service officer. The "supervising
officer" shall mean that officer designated by the Chief of Police or his/her
designee to supervise the individual case.
SECTION 14. That Section 6-5.6 (B) and (C) of the Oshkosh Municipal Code
pertaining to Hearings and Hearing Officers for Abatement Orders related to the City's Animal
Ordinances are hereby repealed and recreated to read as follows:
(B) Hearing Officer. Any person named in an order issued under sub. (A) may,
within the 10 day period following service of the order, request a hearing on
the order. The City Manager shall appoint a Hearing Officer who shall
conduct the hearing pursuant to the provisions of Section 173.11 of the
Wisconsin Statutes.
(C) Appeal. Appeal from the decision of the Hearing Officer or other official shall
be as provided in Section 173.11 of the Wisconsin Statutes.
SECTION 15. That the title to Article IV of Chapter 6 of the Oshkosh Municipal Code
pertaining to the City's Animal Ordinances be amended to read as follows:
ARTICLE IV. ANIMAL SHELTER / IMPOUNDMENT OF ANIMALS
SECTION 16. That Section 6-13 of the Oshkosh Municipal Code pertaining to the
adoption of state statutes related to impoundment is hereby repealed and recreated to read
as follows:
SECTION 6-13 STATE STATUTES ADOPTED
The rules and regulations pertaining to impoundment, specifically Sections 173.13 and
173.23, Wisconsin Statutes, together with any future additions, deletions or
supplements thereto, are herewith incorporated as part of this Chapter and shall be
enforced with the same force and effect as though set forth in full herein. Providing,
however, that where such rules and regulations are less stringent than other provisions
found in this Code, the provisions of this Code shall apply.
The rules and regulations pertaining to impoundment shall apply also to cats within the
City of Oshkosh.
SECTION 17. That Section 6-15(B)-(F) of the Oshkosh Municipal Code pertaining to
the Rabies Control program are hereby repealed.
SECTION 18. That Section 6-16 of the Oshkosh Municipal Code pertaining to Vicious
Animals is hereby repealed and recreated to read as follows:
SECTION 6-16 VICIOUS ANIMALS
No person shall own, possess, harbor, keep or maintain a vicious animal
contrary to the terms of this ordinance.
(A) Vicious Animal License
(1) Requirement. Any person who may own, possess, harbor, keep or
maintain a vicious animal shall do so only after first having obtained a
vicious animal license from the Oshkosh Police Department and only after
complying with the terms of said vicious animal license.
(2) Fee and Term. The License term shall be from January 1 through
December 31. The License fee, which is not pro-ratable, shall be fifty
dollars ($50.00) which fee shall cover the costs of City issued tags and
signage.
(3) Conditions for License Issuance. A license may be granted and issued
subject to proof of the following:
(a) Current vaccination for rabies.
(b) Current license where the vicious animal is a dog or cat.
(c) Neutering or spaying, where the vicious animal is a dog or cat.
(4) Conditions for License Maintenance. A license granted and issued
hereunder is conditioned upon the following:
(a) Compliance with Subsection (3) above.
(b) The posting of signs no smaller than eight and one-half(8 %) inches
by eleven (11) inches, made of metal, plastic, or laminated cardstock,
florescent yellow in color, bearing the wording "WARNING VICIOUS
ANIMAL" in English print and also bearing the license number of
each vicious animal, which signs shall be posted at each entrance to
the building in which the vicious animal is kept and at each entrance
through a fence and at such location to be viewable from the public
sidewalk, if any, in the vicinity of any walk or drive approaching any
entrance to the building in which the vicious animal is kept.
(c) The vicious animal while off the premises where kept, shall be
muzzled with a no-bite type muzzle, restrained as to movement by a
choke-type collar or harness and leash secured by and under the
direct control and supervision of a mentally competent adult person.
(d) The vicious animal while on the premises where kept shall be placed
within a secured building, or within a secured fence of sufficient
height and construction to maintain the animal within, which fence
shall be inspected and approved by the Police Department.
(5) Impoundment and Destruction. A vicious animal which is owned,
possessed, harbored, kept or maintained in violation of this ordinance may
be impounded and destroyed by the City or its agents at the expense of
the owner, following notice and an opportunity to be heard before a
Hearing Officer who shall be appointed by the City Manager. Any person
or party aggrieved by such decision of the Hearing Officer may appeal
such decision to the Common Council by filing a written notice of appeal
with the City Clerk within five (5) City business days of mailing of a written
order from the Hearing Officer. The vicious animal shall be impounded,
but not destroyed, until the time for appeal has expired and until any timely
appeal has been heard. The City elects not to be bound by Chapter 68,
Wisconsin Statutes, with respect to administrative procedure in this
regard.
(6) Sale or Transfer of Possession.
(a) No person may sell or transfer possession of a vicious animal to
another person without first notifying the person to whom the vicious
animal is being sold or transferred, of the fact that such is a vicious
animal and of any requirements imposed upon the owner of such
animal by this ordinance.
(b) No person may sell or transfer possession of a vicious animal to
another person without first notifying the Oshkosh Police Department
thereof, in writing to be received at least five (5) business days in
advance of the sale or transfer of possession.
(B) Destruction or Death of Vicious Animals. If a vicious animal is euthanized, the
owner thereof shall provide to the Oshkosh Police Department within ten (10)
days of the date of death of the animal a certificate or other written proof of
euthanasia from a licensed veterinarian. If a vicious animal is killed, destroyed,
or dies from any other cause or means, the owner shall within ten (10) days of
the date of death of the animal provide in writing to the Oshkosh Police
Department verification of the death of the animal.
SECTION 19. That Section 6-19 of the Oshkosh Municipal Code pertaining to
Licensing and Regulation of Pet Stores, Commercial Kennels, Boarding Kennels, and
Grooming Salons is hereby repealed.
SECTION 20. That Section 6-19 of the Oshkosh Municipal Code pertaining to
Sale of Prohibited Animals is hereby created to read as follows:
SALE OF PROHIBITED ANIMALS
(1) No person or firm shall offer for sale or barter, sell or give away those animals,
fowl, and insects not permitted within the City under Section 6-6 except in
conformance with these provisions:
(a) A sign prescribed by the Oshkosh Police Department informing persons of
the provisions of Section 6-6 of this code shall be posted up and at all
times displayed in a conspicuous place near the main entrance to the
store/structure and near each area where animals, fowl, or insects
prohibited under Section 6-6 are displayed, so that all persons visiting
such place may readily see the same.
(2) It shall be unlawful for any person to knowingly deface or destroy such sign or
to remove it without the consent of the property owner and the Oshkosh Police
Department.
SECTION 21. That Section 6-20(B) and (E) and 6-21(E) of the Oshkosh Municipal
Code pertaining to the penalties for violation of the City's Animal Ordinances are hereby
repealed and the remaining subsections be relettered consecutively.
SECTION 22. That Chapter 14 of the Oshkosh Municipal Code pertaining to Food and
Food Establishments is hereby repealed.
SECTION 23. That Chapter 15 of the Oshkosh Municipal Code pertaining to Health is
hereby repealed.
SECTION 24. That Section 17-33, 17-34 and 17-35 of the Oshkosh Municipal Code
pertaining to public nuisances are hereby repealed and Section 17-33 pertaining to Public
Nuisances is recreated to read as follows:
SECTION 17-33 PUBLIC NUISANCES
The following acts, omissions, places, conditions and things are hereby specifically
declared to be public nuisances affecting the health, safety and welfare of persons
within the City of Oshkosh, but shall not be construed to exclude other health
nuisances coming within the definition of Section 17-32:
(A) Dead Animals
Carcasses of animals, birds or fowl not buried or otherwise disposed of in a
sanitary manner within twenty-four (24) hours after death;
(B) Decayed Matter
Accumulations of decayed animals or vegetable matter, trash, rubbish, rotting
lumber, bedding, packing material, scrap metal or any material whatsoever in
which flies, mosquitoes, disease-carrying insects, rats or other vermin may breed;
(C) Stagnant Water
All stagnant water in which mosquitoes, flies, or other insects can multiply.
(D) Uncovered Privies and Garbage Cans
Privy vaults and garbage cans which are not fly-tight;
(E) Noxious Weeds
All noxious weeds and other rank growth or vegetation;
(F) Noxious Fumes
The escape of smoke, soot, cinders, noxious acids, fumes, gases, fly ash or
industrial dust within the City limits or within one (1) mile therefrom in such
quantities as to endanger the health of persons of ordinary sensibilities or to
threaten or cause substantial injury to property;
(G) Water Pollution
The pollution of any public well or cistern, stream, lake, canal or body of water by
sewage, creamery or industrial wastes or other substances;
(H) Noxious Odors
Any use of property, substances or things within the City or within four (4) miles
thereof, emitting or causing any foul, offensive, noisome, nauseous, noxious, or
disagreeable odors, effluvia or stenches extremely repulsive to the physical
senses of ordinary persons which annoy, discomfort, injure, or inconvenience the
health of any appreciable number of persons within the City;
(I) Outdoor Solid Fuel Fired Furnaces, Stoves, and Boilers. (This prohibition shall
be applied retroactively.)
Outdoor Solid Fuel Fired Furnaces, Stoves, and Boilers shall be defined as an
accessory structure or appliance designed (1) for a location ordinarily outside the
principal structure and (2)to transfer or provide heat via liquid or other means, by
burning wood or other solid fuels, for heating any principal or accessory structure
on the premises.
(J) Premises Where Habitual Violations of Laws Have Occurred
Any place or premises within the City where City ordinance or State laws relating
to public health, safety, peace, morals or welfare are openly, continuously,
repeatedly and intentionally violated;
(K) Accumulation of Snow and Ice on Sidewalks
All ice not removed from public sidewalks and all snow not removed from public
sidewalks as required by City ordinance.
(L) Signs and Billboards Endangering Public Safety
All signs and billboards, awnings and other similar structures over or near streets,
sidewalks, public grounds of places frequented by the public, so situated or
constructed as to endanger the public safety.
(M) Unauthorized Devices Imitating Traffic Control Devices
All unauthorized signs, signals, markings or devices which purport to be or may
be mistaken as official traffic control devices placed or maintained upon or in view
of any public highway or railway crossing;
(N) Obstruction of Street Intersections
All trees, hedges, billboards, or other obstructions which prevent persons driving
vehicles on public streets, alleys or highway from obtaining a clear view of traffic
when approaching an intersection or pedestrian crosswalk;
(0) Limbs Projecting over Sidewalks
All limbs of trees which project over a public sidewalk, less than eight (8) feet
above the surface thereof or less than ten (10) feet above the surface of a public
street.
(P) Unsafe Structures
All buildings or structures so old, dilapidated, or out of repair as to be dangerous,
unsafe, unsanitary or otherwise unfit for human use;
(Q) Low Hanging Wires
All wires over streets, alleys or public grounds which are strung less than fifteen
(15) feet above the surface of street or ground;
(R) Noisy Animals
The keeping or harboring of any animal or fowl which by frequent or habitual
howling, yelping, barking, crowing or making of other noises shall greatly annoy or
disturb a neighborhood or any considerable number of persons within the City;
(S) Unauthorized Street Obstructions or Excavations
All obstructions of streets, alleys, sidewalks or crosswalks and all excavations in
or under the same, except as permitted by the ordinances of the City or which,
although made in accordance with such ordinances, are kept or maintained for an
unreasonable length of time after the purpose thereof has been accomplished;
(T) Unguarded Excavations, etc.
All open and unguarded pits, wells, excavations, or unused basements freely
accessible from any public street, alley, or sidewalk;
(U) Use of Abutting Property Which Causes traffic Impediment
Any unauthorized or unlawful use of property abutting on a public street, alley, or
sidewalk or of a public street, alley, or sidewalk which causes large crowds of
people to gather, obstructing traffic and free use of the streets or sidewalks;
SECTION 25. That Section 17-38(A) of the Oshkosh Municipal Code pertaining to the
inspection of premises for public nuisances is hereby repealed and recreated to read as
follows:
(A) Inspection of Premises
Whenever complaint is made that a public nuisance exists within the City, the
Chief of Police or Building Inspector shall inspect or cause to be inspected the
premises and shall make a written report of findings to the City Manager or
designee.
• SECTION 26. That Section 17-42 of the Oshkosh Municipal Code pertaining to Sound
Trucks and Aircraft is hereby repealed and Section 17-42 pertaining to Excessive Noise is
hereby created to read as follows:
SECTION 17-42 EXCESSIVE NOISE
(1) Scope and Enforcement
This section shall apply to the control of all noise originating within the limits of
the City. It is the policy of the City of Oshkosh to comply with the noise
limitations, as set forth in this section, in all of its own operations and the
operations of its contractors and subcontractors.
(2) Definitions. As used in this section:
(a) "Ambient noise" means the all encompassing background noise
associated with a given environment, being usually a composite of sounds
from many sources near and far.
(b) "A-weighted sound level" or"A-Scale level"mean the sound pressure level
in decibels as measured on a sound level meter using the A-weighting
network. The level so read is designated dB (A) or dBA.
(c) "Commercial district" means any area of the city designated on the official
Oshkosh Zoning Map, pursuant to Chapter 30 of this Code, as a Business
District or Commercial District or as classified as C-1, C-2, C-3, or C-4.
(d) "Day" means the hours between 7:00 a.m. and 10:00 p.m.
(e) "Decibel (dB)" means a standard unit of sound pressure level.
(f) "Industrial district" means any area of the City designated on the official
Oshkosh Zoning Map, pursuant to Chapter 30 of this Code, as a Light
Industrial, or Heavy Industrial District, or classified as M1, M-2, or M-3.
(g) "Impulsive sound" means a single sound pressure peak or a series of
single bursts of short duration, usually less than one second.
(h) "Night" means the hours between 10:00 p.m. and 7:00 a.m.
(i) "Person" means any individual, firm, partnership, or corporation.
(j) "Pure tone" means a steady sound without overtones.
(k) "Real property boundary" means an imaginary line along the ground
surface, and its vertical extension, which separates the real property
owned by one person from that owned by another person, but not
including intra-building real property division.
(I) "Residential district" means any area of the City designated on the official
Oshkosh Zoning map, pursuant to Chapter 30 of this Code, as Single-
Family, Two-Family, or Multiple Dwelling Districts, or R-1, R-2, R-3, R-4, R-
5 or Agricultural (Ag).
(m) "Sound level meter" means an instrument which includes microphone,
amplifier, RMS detector, integrator or time averager, output meter, and
weighting networks used to measure sound pressure levels.
(3) Noise Limitations
The A-scale level from any noise source or combined noise sources on any
parcel located in the City of Oshkosh shall not exceed the following levels at the
Real Property Boundary:
Maximum Sound Pressure Levels (dB) along District Boundaries:
Residential Commercial/Industrial
A-scale levels 55 dBA 62 dBA
Maximum sound pressure levels shall be decreased by five dB if the subject
noise consists primarily of a pure tone or if it is impulsive in character.
Readings shall be taken in such a manner to minimize or eliminate the effects
of ambient noise upon the readings taken. If a correction is made for ambient
noise in the readings, such correction shall be noted.
(4) Public Nuisance
Excessive noise as defined in this section, is hereby deemed and declared to
be a public nuisance and may be subject to summary abatement procedures,
as provided in this Code. Such abatement shall be in addition to administrative
proceedings, forfeitures, and penalties provided in this section.
(5) Prohibited Acts
No person shall make, produce, allow or cause to be produced any noise which
exceeds the noise limitations as set forth in this section.
(6) Noise Exemptions
The noise limitations as set forth in sub-section (3)(a) shall not apply to the
following:
(a) Non-commercial public speaking and public assembly activities conducted
on any public property.
(b) Construction sites, public utilities, and public works operations during any
day, from Monday through Saturday, inclusive; provided, however, that the
sound level at or across a real property boundary shall not exceed 86 dBa.
(c) Emergency short term operations which are necessary to protect the
public health, safety and welfare of the citizens, including emergency utility
and public works operations.
(d) Any noise emitted from emergency warning devices and unregulated
safety relief valves.
(e) Loading or unloading operations or other handling of boxes, crates,
containers, building materials, garbage cans, or similar objects during any
day.
(f) Stationary bells, chimes, sirens, whistles, or similar devices, intended
primarily for emergency purposes, except industrial whistles; provided,
however, that no such device shall be sounded more than five minutes in
any hourly period, nor a total of 30 minutes in any twenty-four hour period.
Church bells, chimes and carillons may be rung at any time.
(g) Domestic power tools, including any mechanically powered sander, lawn
or garden tool, snow thrower, or similar device used during any day.
(h) Industrial whistles, provided that the sounding of any such whistle is to
give notice of the time to begin or stop work or as a warning of fire,
danger, or upon request of proper city authorities.
(i) The sounding of any horn on a railroad train or locomotive on a main line
railroad track, provided that any such sounding is required by state law or
reasonably required to avoid an impending accident.
(j) Parades duly permitted pursuant to Chapter 5 of this code.
(k) Aircraft operations.
(I) Noise created by human behavior and generally considered to be
disorderly conduct which is regulated under Section 17-1 of this code.
(m) Barking dogs, including kennels, shall be regulated under Chapter 6 of the
Oshkosh Municipal Code.
(7) Places of Public Entertainment
No person shall operate, play, or permit the operation or playing of any radio,
television, phonograph, drum, musical instrument, sound amplifier, or similar
device or any combination thereof, which produces, reproduces, or amplifies
sound in any place of public entertainment at a sound level greater than 100
dBa as read by the slow response on a sound level meter at any point that is
normally occupied by a customer, unless a conspicuous and legible sign which
is at least 225 square inches in area is placed outside such place, near each
public entrance, stating: "WARNING: SOUND LEVELS WITHIN MAY CAUSE
PERMANENT HEARING IMPAIRMENT."
(8) Variances
Temporary variances from the terms of this section may be requested by written
request from the City Council. Variances exceeding two years may be granted
only in exceptional cases, including those for which, control technology is
unavailable or available only at a prohibitive cost.
(a) Application. Application for a variance under this sub-section shall be
made in writing and filed with the City Clerk who shall place the variance
request upon the Common Council agenda for their next regular meeting if
the request is received at least five (5) business days prior to such
meeting. If the request is received less than five (5) business days prior to
the next regular Council meeting, the request shall be placed on the
second meeting following the submission of the request. The request
shall specify the grounds upon which the variance is sought and the date
by which the source of any excess noise or vibration for which the variance
is sought shall be brought into compliance with this section. An application
for a variance shall be considered timely made if filed within thirty (30)
days following due notification that it is in violation of this section. The
proper filing of an application within such time shall stay the enforcement
of any such violation until a final decision has been issued by the Council.
(b) Review. The Common Council may grant a temporary variance to the
requirements set forth in this section, if the Council determines
circumstances exist which would make immediate compliance with the
noise or vibration limitations as set forth in this section result in
unnecessary hardship to the applicant. In making the determination, the
Council shall consider:
(1) the hardship to the applicant, the community, and other persons of
not granting the variance;
(2) the adverse impact on health, safety, and welfare of persons owning,
residing, or occupying property in the surrounding area and the public
in general;
(3) the adverse effect on surrounding property;
(4) whether the circumstance, hardship, or situation to be addressed by
the proposed variance is unique, and not applicable generally to
other circumstances;
(5) whether the person or entity seeking the variance is otherwise in
compliance with all applicable ordinances, regulations and statutes;
(6) and any other adverse impacts of granting the variance.
The Common Council may require the applicant to submit additional information
not contained in the application which may be necessary for making a
determination under this subsection.
(c) Decision upon Variance. The Council may approve, approve subject to
conditions, or deny, in whole or in part, a variance under such conditions
as are necessary to protect the public health, safety, and welfare, including
a schedule for achieving compliance with noise limitations.
(d) Non-compliance. Non-compliance with any conditions imposed on the
variance shall terminate the variance and subject the person holding it to
those provisions of this section for which the variance was granted.
(e) Extension and Modification. Application for extension of time limits or
modification of other conditions specified in the variance shall be treated
like applications for an initial variance.
(f) Legal Recourse. Any applicant aggrieved by the decision of Common
Council or any person so aggrieved may seek such other legal relief as
may be available.
SECTION 27. That Section 20-4(E) of the Oshkosh Municipal Code pertaining to
the inspection of premises for public nuisances is hereby repealed.
SECTION 28. That Section 20-12.2 of the Oshkosh Municipal Code pertaining to
Private Wells is hereby created to read as follows:
SECTION 20-12.2 PRIVATE WELLS
(A) Filling and Sealing Required. All private wells located on any premises,
which is served by the public water system of the City shall be properly
filled by July 1, 1993 or at the time of connection to the City's water
supply system, whichever occurs later. Only those wells for which a well
operation permit has been granted by the City Plumbing Inspector may
be exempted from this requirement. The City Plumbing Inspector shall
order filled any well in this City which tests unsafe for use, which is not in
current use, or which is non-complying with Chapter NR 812, Wisconsin
Administrative Code. The owner or occupant must demonstrate
compliance with NR 812 through a signed statement from a State
certified well driller or pump installer. The owner or occupant of the
property upon which such well is located shall fill such well in accordance
with Section NR 811.17 or Section 812.26, Wisconsin Administrative
Code, within thirty (30) days after receipt of notice from the City
Plumbing Inspector.
(B) Well Operation Permit. A permit may be granted to a well owner to
operate a well for a period not to exceed three (3) years if the following
requirements are met. Application shall be upon forms provided by the
City Plumbing Inspector. This permit may be renewed at its expiration
for additional periods, each additional period not to exceed three (3)
years, if all the following requirements continue to be met:
(1) The well and pump installation meet or are upgraded to meet the
requirements of NR 812, Wisconsin Administrative Code, and
certification of the acceptability of the well has been granted by a
state certified well driller or pump installer and a copy of this
certification accompanies the application for issuing or reissuing of
a permit.
(2) The well has a history of producing safe water and presently
produces bacteriologically and chemically safe water as evidenced
from laboratory tests by a laboratory certified by the Wisconsin
Department of Health and Social Services or the Wisconsin State
Laboratory of Hygiene. Such evidence shall include bacteriological
sampling, consisting of obtaining a minimum of 2 consecutive safe
samples taken a minimum of 2 weeks apart prior to issuing or
reissuing the permit and shall accompany the application.
(3) The proposed use of the well can be justified as being necessary in
addition to water provided by the public water system at the time of
issuance or reissuance of the permit.
(4) No physical connection shall exist between the piping of the public
water system and the private well, which fact shall be certified by
the City of Oshkosh plumbing inspector and shall accompany the
application for issuance or reissuance of a permit.
(5) The well and pump installation is in present use.
(6) A well permit application fee of fifty dollars ($50.00) shall be paid at
the time of application for the issuance or reissuance of the permit.
(C) Report and Inspections. An abandonment report form, supplied by the
Department of Natural Resources shall be submitted by the well owner
to the City Plumbing Inspector, and the Department of Natural
Resources within ten (10) days of the completion of the well
abandonment.
(D) State Department of Natural Resources Regulations Adopted. The rules
and regulations pertaining to private wells as promulgated by the
Wisconsin Department of Natural Resources, specifically Chapters NR
811 and NR 812, Wisconsin Administrative Code, together with any
future renumberings, additions, deletions or supplements thereto, are
herewith incorporated as part of this Chapter and shall be enforced with
the same force and effect as though set forth in full herein. Providing,
however, that where such rules and regulations are less stringent than
other provisions found in this Code, the provisions of this Code shall
apply.
SECTION 29. That Section 30-35(L)of the Oshkosh Municipal Code pertaining to
High Risk Sexual Conduct Establishments is hereby created to read as follows:
SECTION 30-35(L) HIGH RISK SEXUAL CONDUCT ESTABLISHMENTS
(A) Except as otherwise noted, the provisions of this Article shall apply to all
commercial establishments, including existing ones, which offer
entertainment including "Booths, stalls, partitioned portions of a room or
individual rooms" which shall mean such enclosures as are specifically
offered to the public or members of that establishment for hire or for a fee
as part of a business operated on the premises which offers as part of its
business the entertainment to be viewed within the enclosure; which shall
include, without limitation, such enclosures wherein the entertainment is
dispensed for a fee, but a fee is not charged for mere access to the
enclosure.
The phrase "booths, stalls, partitioned portions of a room, or individual
rooms" does not mean enclosures which are private offices used by the
owners, managers, or persons employed on the premises for attending to
the tasks of their employment, and which are not held out to the public or
members of the establishment for hire or for a fee or for the purposes of
viewing entertainment for a fee, and which are not open or available to any
persons other than owners, managers, or employees.
(B) No person, partnership, corporation or other entity shall own operate,
manage, rent, lease occupy, or exercise control of any commercial
building, structure, premises, or portion or part thereof, which is subject to
this Article, that is located closer than 500 feet from the nearest lot line,
that is the legal boundaries of a parcel of property, of any Class "B"/"Class
B" establishment, of any parcel of a similar establishment, any
establishment governed by Section 17-2 of this Code, or any school
(whether pre-school, elementary, middle, or high school), residentially-
zoned property, library, church or chapel, park or playground, or licensed
day-care facility.
(C) It is the intent of this paragraph (3) that such establishments, whose
operations on the effective date of this ordinance subject them to
regulation of this Section, shall be subject to the provisions of Section 30-4
NON-CONFORMING USE REGULATIONS of this Code, except that such
privilege of nonconforming use shall cease upon the discontinuance of the
activities within such establishment for seven consecutive calendar days,
including any days when the establishment is normally closed for
business.
SECTION 30. Sections 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18, 20, 24,
25, 26, 27, and 28 of this ordinance shall be in full force and effect from and after its passage
and publication and upon transfer of the City of Oshkosh employees to the Winnebago
County Health Department on May 7, 2012.
SECTION 31. Sections 2, 12, 19, 21, 23, and 29 of this ordinance shall be in full
force and effect from and after its passage and publication and upon full consolidation of the
City of Oshkosh, City of Neenah, and Winnebago County Health Departments on July 1,
2012.
• SECTION 32. Section 22—Chapter 14 of the Municipal Code pertaining to Food
and Food Establishments of this ordinance, as it pertains to Temporary Restaurant Licenses
shall be in full force and effect from and after its passage and publication and upon transfer of
the City of Oshkosh employees to the Winnebago County Health Department on May 7, 2012.
The remainder of Section 22—Chapter 14 of the Municipal Code pertaining to Food and Food
Establishments shall be in full force and effect from and after its passage and publication and
upon full consolidation of the City of Oshkosh, City of Neenah, and Winnebago County Health
Departments on July 1, 2012.
SECTION 33. Publication Notice.
Please take notice that the City of Oshkosh enacted ordinance #12-219 REPEAL AND
AMEND MUNCIPAL ORDINANCES RELATED TO THE CITY OF OSHKOSH BOARD OF
HEALTH AND HEALTH SERVICES DIVISION, on April 24, 2012. In anticipation of
consolidation of the City's Health Department with Winnebago County and the City of
Neenah, this ordinance repeals and amends various municipal ordinances related to the City
of Oshkosh Board of Health and Health Services Division and authorizes the employees of
the Winnebago County Health Department to act as agents for the City of Oshkosh during the
consolidation period for ordinances pertaining to Commercial and Boarding Kennels,
Grooming Salons and Pet Shops, Food and Food Establishments, and those portions of
Chapter 15 pertaining to Health, except those sections pertaining to Excessive Noise and
Private Wells.
Sections pertaining to the duties and responsibilities of the Board of Health and structure and
duties of the Health Services Division are repealed.
This ordinance repeals those sections of the current ordinances which will come under the
jurisdiction of the Winnebago County Health Department after the date of consolidation,
including: Chapters 14 and 15 pertaining to the licensing of Food Establishments and
General Health Ordinances including public health nuisances, regulation of swimming pools,
regulation of high risk sexual conduct establishments, and lead poisoning prevention and
control; portions of Chapter 6 of the City's Municipal Code pertaining to commercial and
boarding kennels, grooming salons, pet shops, and Rabies Control. The ordinance recreates
sections of the municipal code pertaining to private wells, excessive noise, animal nuisance
abatement orders, animal impoundment, vicious animal orders and the location of high risk
sexual conduct establishments to reassign the responsibilities for these sections to other
departments and divisions within the existing city organization.
The ordinance amends other sections the municipal code to remove references to the Health
Services Division, change references to the Winnebago County Health Department and
reflect assignment of responsibilities to other city departments/divisions as appropriate.
The ordinance repeals portions of Chapter 5 of the City's Municipal Code pertaining to the
licensing, investigation and regulation of Dance Halls.
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.
• Indicates Revision
CITY HALL
215 Church Avenue
P.O.Box 1130
Oshkosh,Wisconsin
5 903-1130 City of Oshkosh
(41..-111PDY
OfHKOJH
TO: Honorable Mayor and Members of the Common Council
FROM: Lynn A. Lorenson, City Attorney
DATE: April 1, 2012
RE: Proposed Ordinance to Repeal and Amend Various Ordinances
relating to the City of Oshkosh Board of Health and Health
Department
Prior to the Council's last meeting, staff had requested that the Council lay over
the final reading of the proposed ordinance amending and repealing the various
municipal ordinances dealing with the Oshkosh Board of Health and Health
Departments to allow staff to review timing issues that had been raised with
regard to the effective dates of the ordinance. In particular, the timing of changes
related to temporary restaurant licenses, such as those used for special events
and brat stands was in question.
The ordinance before the Council has been revised to provide that those portions
of Chapter 14 — Food and Food Establishments pertaining to Temporary
Restaurants will be repealed as of May 7th and the responsibility for issuing
temporary restaurant licenses will transfer to Winnebago County at that time.
The remainder of that Chapter, pertaining primarily to full restaurant licenses, will
repeal on July 1st to coincide with the regular license year.
In addition to this change, a revision was made to section 26 of the proposed
ordinance to indicate that prior Section 17-42 pertaining to Sound Trucks and
Aircraft was being repealed. While the memorandum to the Council had
indicated that was staff's intention, the language in the proposed ordinance
reflected only the creation of the new section and so was revised.
RECOMMENDATION
Staff recommends passage of the ordinance as revised.
Re •ectfully Submi ted, Approved:
L
' `'" Mark n . Lorer�son rk A. Rohloff a
City Attorney City Manager
CITY HALL
215 Church Avenue
P.O.Box 1130
Oshkosh5 903-1130 City of Oshkosh
411°1°
OSHKOJH
TO: Honorable Mayor and Members of the Common Council
FROM: Lynn A. Lorenson, City Attorney
DATE: March 22, 2012
RE: Proposed Ordinance to Repeal and Amend Various Ordinances relating to the
City of Oshkosh Board of Health and Health Department
BACKGROUND
The City of Oshkosh, City of Neenah, and Winnebago County, after study and discussion,
determined that it was in the public interest to consolidate the city and county health
departments into a single county health department. The Common Council approved the
Consolidation by resolution at its February 28, 2012 regular meeting. The transfer of jurisdiction
for all public health related matters is anticipated to occur in two stages with employees
transferring on May 7, 2012 and full consolidation to occur on July 1, 2012 to allow for a
transition from City to County licensing.
ANALYSIS
In anticipation of the consolidation of the City's Health Division with the Health Departments of
the City of Neenah and Winnebago County, the City must repeal and amend the current
ordinances to allow Winnebago County to enforce public health related ordinances within the
city and to amend certain ordinances to reflect the transfer of employees to Winnebago County.
In addition, because the transfer of employees to Winnebago County is anticipated to occur
prior to the new licensing year beginning on July 1, the proposed ordinance will authorize the
employees of the consolidated Winnebago County Health Department to enforce certain city
ordinances for the period between the date city employees have transferred to the County and
the new license year.
Staff reviewed all ordinances which referred directly to the Board of Health, Health Services
Division or which are currently enforced by employees within the Health Services Division.
Those ordinances that will become the responsibility of the new consolidated Winnebago
County Health Department are proposed to be repealed. These ordinances include Section 2-
45 pertaining to the Board of Health; Sections 6-1(A)(4)-(6),(9) and 6-19 pertaining to
commercial and boarding kennels, grooming salons and pet shops; a portion of Section 6-13
related to the rabies control program which will be assumed by the County Health Department;
Section 6-15(B)-(F) pertaining to the Rabies Control Program; Chapter 14 pertaining to Food
and Food Establishments; Portions of Chapter 15 relating to the Health Division and its duties,
including general organizational provisions, public swimming pools and swimming places, the
inspection of high risk sexual conduct establishments, and lead poisoning prevention and
control.
Those ordinances that have an already existing County counterpart, such as for rabies
enforcement and lead poisoning, will become effective immediately. Those ordinances which
relate to annual licensing or for which Winnebago County has not yet adopted a counterpart,
such as animal boarding and grooming salons, will become effective July 1, 2012 to allow the
County time to adopt ordinances and to coincide with the license year.
In addition to those sections being repealed because they will become the responsibility of the
consolidated Winnebago County Health Department, a number of other provisions are proposed
for repeal. Section 2-35(B)(3) is a provision pertaining to the duties of the Department of
Community Development to operate a Health Services Division. This section is proposed to be
repealed.
Staff is proposing to repeal Sections 5-1 through 5-13 of the Municipal Code pertaining to the
licensing, investigation, and regulation of Dance Halls within the City. This license is still issued
to establishments that hold dances or have other live entertainment. However, in the review of
the ordinances, staff determined that the inspections that are referred to in this particular section
are typically done in connection with the renewals of restaurant and liquor licenses and that the
regulations imposed are in some cases dated and most often covered within other sections of
the municipal code or state statutes. In light of this, staff is proposing to repeal these sections of
the ordinances. Approximately 80 licenses of this type were issued for the 2011-2012 license
year for a total revenue to the City of$8,000. While the City would have reduced revenue in this
amount, staff believes that this recommendation is consistent with the review and
recommendations related to the fee study completed several years ago and recommends repeal
of this ordinance.
Staff is also proposing the repeal of Section 6-16 (A)(3)(a). This section would require that
persons keeping a "vicious animal" as defined in the ordinances obtain a liability insurance
policy with a provision giving notice to the Health Services Division if the policy were to be
cancelled. This provision proved to be unworkable in practice as insurance companies
indicated that they could/would not issue such policies. This section was proposed to be
repealed in the proposed revisions of the Chapter 6 related to Animals but was put on hold
when the Health Director retired and the project to revise Chapter 6 was delayed. Staff
recommends repeal of this section at this time. In this same section, staff is proposing a
modification to the required signage for vicious animals to comply with the current practice of
issuing the owners an 8 1/2 x 11" laminated cardstock sign rather than requiring the owners to
special order a sign in compliance with the ordinance requirements.
Section 17-42 of the current municipal code pertaining to sound trucks and aircraft is also
proposed to be repealed. Besides the practical issues of enforcing such an ordinance upon an
aircraft, staff is not aware of any issues of concern related to this particular portion of the
ordinance, therefore, staff is proposing that it be repealed. As this section relates to sound
trucks, this particular issue is covered by Wisconsin State Statutes, which the current ordinance
is not in compliance with. Since the City adopts the state statute by reference, staff proposes to
repeal this section of the code.
Similarly, staff is proposing to repeal the motor vehicle and motorcycle noise portions of the
more general noise ordinance (the general ordinance is proposed to be recreated from Chapter
15 into a newly created 17-42). State statutes regulate mufflers and other issues related to
motor vehicle noise and the current ordinance, which anticipates noise readings taken from
passing vehicles, has not proved particularly efficient or workable and has not provided officers
with an effective additional tool to address these issues. Therefore, staff proposes to repeal this
subsection of the general noise ordinance.
Staff also proposes the repeal of current Section 20-4(E) pertaining to the inspection of
premises for public nuisances related to plumbing issues upon complaint of the Health Director.
Typically these issues are addressed through the property maintenance and inspections
services division and while the Winnebago County Health Department, or others, may refer
issues to inspections, staff does not believe that this section is necessary for enforcement
purposes and proposes that it be repealed.
In addition to the various sections that are proposed for repeal, there are a number of sections
that refer to the Health Director or Health Services Division that are proposed to be amended.
Sections 1-5.3(3)(a) and 1-5.3(4) pertaining to those authorized to issue citations are proposed
to be amended to remove references to the Health Division personnel issuing municipal
citations.
Section 4-4 and 4-10 pertain to the requirements for a health inspection and current health
license for premises with a liquor license, these sections are proposed to be amended to allow
those inspections and licensing activities to be completed by the County Health Department.
Similarly, several subsections in the city's Special Events ordinance referred to the Health
Services Division, these subsections are proposed to be amended slightly to reflect coordination
with the Winnebago County Health Department.
Several provisions in Chapter 6 which are not included in the provisions to be enforced by the
county health department are also proposed to be amended to reflect that these particular
responsibilities will be reassigned to other City departments. Section 6-1(A)(8) had included a
reference to the Health Director in regard to responsibilities for enforcement under this chapter.
This section will be amended to remove this reference. Section 6-5.6(B) and Section 6-16
designated the Health Director as the Hearing Officer for Abatement Orders and appeals related
to the designation of vicious animals. These sections are proposed to be amended to assign
those responsibilities to a Hearing Officer to be designated by the City Manager.
While the Winnebago County Health Department will assume licensing and regulation of
commercial and boarding kennels and pet stores, the City had previously adopted a signage
requirement for places selling animals requiring them to post signage related to animals which
are offered for sale but prohibited within the City. The proposed ordinance would recreate this
section as a new Section 6-19 and allow the Police Department to enforce these signage
requirements.
Currently, several sections of the municipal code addressed various health, safety and other
nuisances. The proposed ordinance combines these sections into a single section, new section
17-33, and eliminates repetition between the various sections and between this section and
other ordinance provisions.
Current Section 15-18 relating to Excessive Noise is proposed to be incorporated into a new
Section 17-42. As noted above, staff proposed the removal of a subsection related to motor
vehicle noise which is regulated by state statute. In addition to this change, responsibility for
enforcement of the general noise ordinance will shift from the Health Services Division to the
Oshkosh Police Department and Inspection Services Division. The Police Department and
Inspections Services Division will cooperate with each other to deal with noise issues under the
proposed new ordinance. In reviewing the ordinance, the language was simplified and updated
to reflect that the current noise meters measure noise on the A-scale level and to reflect current
practices when measuring noise. The ordinance was also simplified to make it clear that noise
would be measured at the property line and shall not exceed the specified limits as it leaves the
particular property. Finally, the ordinance had previously contained a variance exception that
anticipated the granting of a variance by the Health Director with appeal to the Council. In
practice, requests have generally gone directly to the Council who considered the exceptions
directly. In light of this, this section of the ordinance was reworked to provide that variances
could be requested from the Council who would review them under standards as set forth in the
ordinance and could approve, approve with conditions, or deny the variances as the Council
deemed appropriate.
Current Section 15-17 relating to private wells is proposed to be moved to a new Section 20-
12.2. The new section removes references to the Health Director and transfers responsibility for
this program from the Health Services Division to the Plumbing Inspector.
Finally, various penalty provisions have been amended as necessary to remove references to
ordinances which are proposed for repeal or amendment.
FISCAL IMPACT
It is difficult to determine a fiscal impact for this ordinance. The purpose of this ordinance is to
amend the City's ordinances related to the recently approved consolidation with Winnebago
County so where there was a direct fiscal impact identified that had not been considered in the
consolidation process, it has been noted in the analysis section above.
RECOMMENDATION
Staff recommends passage of the ordinance as proposed.
Respectfully Submitted, Approved:
t Lorenson hark A. Rohloff
City Attorney City Manager