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HomeMy WebLinkAbout26. 12-320 JUNE 12, 2012 12-320 ORDINANCE FIRST READING (CARRIED__6-1_____ LOST _______ LAID OVER _______ WITHDRAWN _______) PURPOSE: EXTEND THE FOX RIVER NO WAKE ZONE – OSHKOSH/CONGRESS AVENUE BRIDGE INITIATED BY: PARKS DEPARTMENT A GENERAL ORDINANCE OF THE CITY OF OSHKOSH REPEALING AND RECREATING SECTION 17-29(A)(1) OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO SPEED LIMITS FOR MOTORBOATS – EXTENSION OF THE FOX RIVER NO WAKE ZONE WHEREAS, a request for the extension of the no wake zone in the Fox River from 1,200 feet south/downstream of the Oshkosh/Congress Avenue Bridge to 1,600 feet south/downstream of the Oshkosh/Congress Avenue Bridge has been received by the Common Council for the City of Oshkosh; and WHEREAS, the Advisory Parks Board reviewed the request; and WHEREAS, Wisconsin Statutes §30.77 authorizes the City of Oshkosh to regulate the operation of boats on that portion of the Fox River which 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. And WHEREAS, the Wisconsin Administrative Code requires approval from the Department of Natural Resources for the placement of markers in Wisconsin waters. JUNE 12, 2012 12 -320 ORDINANCE FIRST READING CONT'D The Common Council of the City of Oshkosh does ordain as follows: 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 speed limits for motorboats — extension of the Fox River No Wake Zone is hereby amended 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, from a point 900 feet south of the Canadian National Railroad bridge north - northwesterly to a point under or through the Oregon /Jackson Street bridge; under or through the Wisconsin /Ohio Street bridge, under or through the Oshkosh /Congress Avenue bridge from a point 1,600 feet south /downstream to a point 1,900 feet north /upstream of the bridge. 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. SECTION 5. Publication Notice. JUNE 12, 2012 12 -320 ORDINANCE FIRST READING CONT'D Please take notice that the City of Oshkosh enacted ordinance #12 -XXX EXTEND THE FOX RIVER NO WAKE ZONE— OSHKOSH /CONGRESS AVENUE BRIDGE on June 26, 2012. The ordinance extends the no wake zone within the Fox River an additional 400 feet to the south /downstream from its current beginning at 1,200 feet south /downstream from the Oshkosh /Congress Avenue Bridge to -- under or through the Oshkosh /Congress Avenue bridge from a point 1,600 feet south /downstream to a point 1,900 feet north /upstream of the bridge. 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. - Of HKQ.IH ON THE WATER TO: FROM: DATE: RE: City of Oshkosh Pafks Department 805 Witzel Ave., PO Box 1930 Oshkosh, Wl 54903 -1130 (920) 236.5080 (920) 232 -5316 FAX Honorable Mayor and Members of the Common Council Ray Maurer, Parks Director June 7, 2012 Ray Maurer Director Extension of No Wake Zone in Fox River South of Oshkosh/Congress Avenue Bridge BACKGROUND At its meeting on Tuesday, June 12, 2012, the City Council will have on its agenda for first reading an ordinance relating to the No Wake Zone in the Fox River, Section 30.77 of the Wisconsin Statutes authorizes the City of Oshkosh to enact ordinances applicable on the waters of the State that lie within its jurisdiction. Such regulations are specifically authorized to include restrictions on speed. There is currently established a No Wake Zone within the Fox River in and around the Oshkosh/Congress Avenue Bridge. 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, from a point 900 feet south of the Canadian National Railroad bridge north - northwesterly to a point under or through the Oregon/Jackson Street bridge; under or through the Wisconsin/Ohio Street bridge, 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 city has recently received requests from Spellman's Marine and boat slip renters at SpeIlman's to change the No Wake Zone to a point 1,600 feet south/downstream of the Oshkosh/Congress Avenue bridge instead of the current 1,200 feet. The requests are based on concerns of gas spills as boats visit the gas pumps at Spellman's, safety concerns for their staff members and patrons and damage caused to boats stored there. ANALYSIS This matter will be reviewed by the Advisory Parks Board on Monday, June 11, 2012 and I can provide the Common Council with an update on that review /discussion at the June 12 meeting if desired. By statute, the Common Council is required to take into account certain factors when considering whether to exercise its authority to enact ordinances applicable on any waters of the State of Wisconsin. These factors are: 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. After consideration of these factors, the Council may determine whether to enact the requested ordinance. If passage of such an ordinance requires the placement of navigational aides or buoys, the Wisconsin Administrative Code requires that application be made to the Department of Natural Resources for approval of the proposed placements. Because this ordinance would extend the current No Wake Zone in this area and require the placement of additional aides or buoys, the proposed ordinance authorizes City staff to make the appropriate applications upon passage of the ordinance. The DNR would make the final determination on this request. Attached is an email from Jeff Hager, Mercury Marine Field Test and Plant 33 Site Leader, supporting this request, and a map showing the 1,200 and 1,600 foot distance from the OshkosbJCongress Avenue bridge, FISCAL IMPACT Approximately $500 to purchase an additional buoy. Respectfully Submitted, Ray Maurer Parks Director Approved: ~ e Mark Rohloff City Manager Page 1 of 2 Joeckel, Angela J. From: Maurer, Raymond Sent: Wednesday, June 06, 2012 3:43 PM To: Ubrig, Pam; Lorenson, Lynn; Rohloff, Mark; Challis, Jackie Cc: Marks, Trish M; Joeckel, Angela J. Subject: FW: City of Oshkosh Section 17 -29 A 1 Follow Up Flag: Follow up Flag Status: Blue Attachments: Cityof0shkoshSectionl7- 29.pdf FYI, see below email support from Mercury Marine for the extension of the Slow No Wake zone. Sall, NatJ Alfatvx* J a Duce"t eav q f94m"it 805 Witzel Avenue Oshkosh, WI❑$Bll ❑(B 54902 (920) 236 -5080 rmaurer(&cLoshkosh.wLus ❑$B!! ❑(B From: Jeff Hager [ mailto :]eff.Hager @mercmarine.com] Sent: Thursday, May 24, 2012 1:36 PM To: Maurer, Raymond Cc: tim @spelimansmarina.com Subject. City of Oshkosh Section 17 -29 A 1 Ray, On behalf of Mercury Marine Plant 33, we support the No Wake buoy (reference Section 17-29 A 1) to be positioned at 1700 -1800 ft. This will position the buoy at the end of Spellman Marina docks. Tim Doberstein (owner of Spellmans) is in agreement. Please contact me as needed for input on behalf of Mercury Marine Plant 33, 505 Marion Rd, Oshkosh Wt. (See attached frle: Ci0 29.pdf) 6/712012 Page 2 of 2 Jeff Hager Mercury Marine PD &E Field Test & Plant 33 Site Leader jeffhager@mercmarine.com Office: 920 - 236 -2950 Cell: 920 - 273 -9510 Fax: 920 -926 -2557 This e -mail message may contain confidential or privileged information. If you are not the intended recipient, please delete the message and any attachments and notify the sender by return e -mail. You should not retain, distribute, disclose or use any of the information in this message. 6/7/2012 City of Oshkosh Municipal Code Revised thru 11108/11 SECTION 17 -30 ANCHORING VESSELS PROHIBITED (A) No person shall drop any anchorover in the immediate vicinity of any water mains supplying the City or its inhabitants with wafer, or any mains crossing the Fox River or extending into any lake, (B) No person shall drop any anchor adjacent to the Riverside Park floating docks from a point south of the extended terminus of Court Street easterly to the Canadian National Railroad Bridge. ARTICLE IV. PUBLIC NUISANCES SECTION 17 -31 PUBLIC NUISANCES PROHIBITED No person shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance within the City. SECTION 17 -32 DEFINITIONS (A) Public Nuisance A public nuisance is a thing, act, occupation, condition or use of property which shall continue for such length of time as to: (1) Substantially annoy, injure or endanger the comfort, health, repose or safety of the public; (2) In any way render the public insecure in life or in the use of property; (3) Greatly offend the public morals or decency; (4) Unlawfully and substantially interfere with, obstruct or tend to obstruct or render dangerous for passage any street, alley, highway, navigable body of water or other public way. (B) Additional Nuisances (1) In addition to any other provisions contained in this Article IV, any of the following activities, behaviors, or conduct, occurring on the premises shall also be deemed a public nuisance: a. An act of Harassment, as defined in §947,013, Wis. Slats. b, Disorderly Conduct, as defined in §947.01, Wis. Stats. c. Battery, Substantial Battery, or Aggravated Battery, as defined in §940.19, Wis. Stats. d. Lewd and Lascivious Behavior, as defined in §944,20, Wis. Stats. e. Prostitution, as defined in §944.30, Wis. Stats. f. Theft, as defined in §943.20, Wis. Stats. g. Receiving Stolen Property, as defined in §943.34, Wis. Stats, h. Arson, as defined in §943.02, Wis. Stats. I. Possession, Manufacture, or Delivery of a Controlled Substance or related offenses, as defined in §961, Wis. Stats, j. Gambling, as defined in §945.02, Wis. Slats. k. Animal violations, as defined In Chapter 6, of this Code. 1. Violation of Adult Entertainment Regulations, as defined in this Chapter. m. Violations of Chapter 125 of the Wisconsin Statutes, or Chapter 4 of this Code. n. Violation of High Risk Sexual Conduct Establishment regulations, as defined in Chapter 15, of this Code. o, Trespassing, as defined in §943.13 and §943.94, Wis. Stats. p. Weapons violations, as defined in § 939.22, Wis. Stats and In this Chapter. q. Noise violations, as defined in this Chapter. CltYof Oshkosh (hanlar 17 T pane 1R City of Oshkosh Municipal Code Revised thru 11/08111 in full herein. Any act required to be performed or prohibited by any statute incorporated herein by reference is required or prohibited by this ordinance. Providing, however, that where such statutes are less stringent than other provisions found in this Code, the provisions of this Code shall apply. Penalty for violation under this ordinance shall be limited.to a forfeiture as hereinafter set forth. , §30.50 Definitions §30.51 Certificate of number and registration §30.523 Certification or registration card to be on board; display of stickers pr decals and identification number §30.544 Inspection of boats purchased out -of -state §30.547 Penalty §30.60 Classification of motorboats §30.61 Lighting equipment §30.62 Other equipment §30.625 Rental of personal watercraft §30.63 Sale and use of certain outboard motors restricted §30.635 Motorboat prohibition §30.64 Patrol Boats §30.65 Traffic rules §30.66 Speed Restrictions §30.67 Accidents and accident reports §30.675 Distress signal flag §30.68 Prohibited operation §30.681 Intoxicated Boating §30.682 Preliminary breath screening test §30.683 Implied consent §30.684 Chemical tests §30.686 Report arrest to department §30.687 Officer's action after arrest for violating intoxicated boating law §30.69 Water skiing §30.70 Skin diving §30.71 Boats equipped with toilets 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: A (1) l=ox River, from a point 900 feet south of the Canadian National Railroad bridge north - northwesterly to a point under or through the Oregon /Jackson Street bridge; under orthrough the Wisconsin /Ohio Street bridge, 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. (2) Miller's Bay, including the Special Anchorage Area, approved by the U.S. Coast Guard and Army Corp. of Engineers located at Latitude N44 degrees 01'36" and Longitude W88 degrees 31'5", consisting of an area 300 feet by 500 feet in size, except in case of an emergency or unless prior approval has been granted by the Common Council. (B) The proper City officials are authorized to place, or to cause to be placed, the appropriate navigational aides and buoys to marls the locations of the speed limit restrictions of this Section. This ordinance shall be enforced by the Winnebago County Sheriff's Department and the State of Wisconsin Department of Natural Resources.