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HomeMy WebLinkAbout29. 13-276MAY 28, 2013 13 -276 ORDINANCE FIRST READING (CARRIED LOST LAID OVER WITHDRAWN PURPOSE: APPROVE ORDINANCE AUTHORIZING SUSPENSION OF PARK PRIVILEGES INITIATED BY: PARKS DEPARTMENT A GENERAL ORDINANCE OF THE CITY OF OSHKOSH CREATING SECTION 19 -10 SUSPENSION OF PARK PRIVILEGES WHEREAS, the Director of Parks is authorized to promulgate rules and regulations for the parks; and WHEREAS, the Director has developed a policy for suspension of park privileges for violation of ordinances and state statutes. The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That section 19 -10 of the City of Oshkosh Municipal Code pertaining to suspension of park privileges is hereby created to read as follows: SECTION 19 -10 SUSPENSION OF PARK PRIVILEGES (A) Separately from any penalties prescribed within this Chapter, Wisconsin State Statutes, or any other applicable rule or regulation, the Director of Parks, or his /her designee, may suspend the park privileges of any person found to be in violation of city ordinances, state statutes, or other applicable rules and regulations within city parks. The decision of the Director of Parks shall be final and the City elects not to be bound by the provisions of Chapter 68, Wisconsin Statutes, with respect to administrative procedure in this regard. 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 #13 -XXX (APPROVE ORDINANCE AUTHORIZING SUSPENSION OF PARK PRIVILEGES) on June 15, 2013. The ordinance will allow the suspension of park privileges for persons found to be in violation of city ordinances, state statutes or other applicable rules or regulations. 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. City of Oshkosh Parks Department 805 Witzel Ave., PO Box 1130 Oshkosh, WI 54903 -1130 QfHKGf H (920) 236 -5080 (920) 232 -5316 FAX ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Ray Maurer, Parks Director DATE: May 23, 2013 RE :- Ordinance Authorizing Suspension of Park Privileges BACKGROUND Ray Maurer Director At its meeting on Tuesday, May 28, 2013, the City Council will have on its agenda for first reading an ordinance authorizing suspension of park privileges of persons found to be in violation of city ordinances, state statutes, or other applicable rules and regulations within city parks. City staff from the Parks, Police and City Attorney offices have been working with the District Attorney's office to discuss and address various issues within the city parks and the proposed ordinance and associated policy are part of a more comprehensive plan to better address issues within the parks which includes greater cooperation between the various agencies and updates to the city's codes and policies. The purpose of this policy and ordinance is to identify clear and consistent procedures for the suspension of privileges for individuals that use City of Oshkosh Parks in response to violations of park rules, ordinances or state or federal statutes. This policy and ordinance are intended to promote park usage and enjoyment by individuals; preserve the parks and facilities; reduce costs associated with property loss and damage /graffiti repairs; and reduce police costs associated with calls for service in the parks. ANALYSIS The Advisory Parks Board considered this item on Monday, May 13, 2013 and recommended approval by the Common Council (5 ayes, 1 nay). City staff has reviewed similar policies from other communities and we believe we have developed an ordinance and policy that includes more detail to identify clear and consistent procedures compared to others. We believe this is a useful option that Police and Parks Department staff can utilize to deter and prevent individuals from committing illegal acts in City of Oshkosh parks. Per Section 19 -2 of the City of Oshkosh Municipal Code, "Park" is defined to mean all lands and water heretofore and hereafter acquired by the City for park or recreational purposes, or placed under the jurisdiction of the Parks Department, and includes, without limitation, parks, parkways, greenways, recreational facilities and structures, and privately owned lands the use of which has been granted or leased to the City for park, recreational, or like public purposes. If approved, the ordinance will authorize City of Oshkosh Police Officers, at their discretion, to serve the Notice of Suspension to individuals committing illegal acts in City of Oshkosh Parks. In determining whether to issue a Notice of Suspension, officers shall consider all circumstances surrounding the offense including, but not limited to, the individual's age, whether the individual has had prior suspensions, and the type and severity of the offense. All suspensions will be reviewed by the Parks Director and persons will have the opportunity to present information to the Parks Director that they feel should be considered when that review is conducted. Persons not satisfied with that review would have the ability to seek relief through the circuit courts. FISCAL IMPACT There is no direct fiscal impact anticipated from passage of the ordinance. We anticipate that long -term, this ordinance will have a positive fiscal impact for the city by reducing costs associated with property loss and damage /graffiti repairs and by reducing police costs associated with calls for service in the parks. Respectfully Submitted, I?A-� lvege�� Ray Maurer Parks Director Approved: -- W Mark Rohloff City Manager CITY OF OSHKOSH PARK SUSPENSION POLICY SUBJECT: SUSPENSION FROM CITY OF OSHKOSH PARKS General: The City of Oshkosh seeks to provide a park and recreation system that will meet the needs of our current and future generations, preserve and protect the City's open space, water, historical and natural resources, and provide a park and recreation program that is designed to enhance the City's quality of life. This policy is intended to promote park usage and enjoyment by individuals; preserve the parks and facilities; reduce costs associated with property loss and damagelgraffiti repairs; and reduce police costs associated with calls for service in the parks. Purpose: The purpose of this policy is to identify clear and consistent procedures for the suspension of privileges for individuals to use City of Oshkosh Parks in response to violations of park rules, ordinances or state or federal statutes. Definition: "Park" is defined to mean all lands and water heretofore and hereafter acquired by the City for park or recreational purposes, or placed under the jurisdiction of the Parks Department, and includes, without limitation, parks, parkways, greenways, recreational facilities and structures, and privately owned lands the use of which has been granted or leased to the City for park, recreational, or like public purposes. These areas include, but are not limited to, those areas listed in Section 19 -2 of the City of Oshkosh Municipal Code. Procedure: 1. City of Oshkosh Police Officers are authorized, at their discretion, to serve the Notice of Suspension (See Attachment A) to individuals committing illegal acts in City of Oshkosh Parks. In determining whether to issue a Notice of Suspension, officers shall consider all circumstances surrounding the offense including, but not limited to, the individual's age, whether the individual has had prior suspensions, and the type and severity of the offense. 2. The Notice of Suspension will be issued in triplicate, with the first copy being issued to the individual being suspended, the second copy will be kept at the City of Oshkosh Police Department with the third copy being forwarded through the City of Oshkosh Police department records division to the City of Oshkosh Parks Director. 3. The individual served with Notice of Suspension shall leave the park property immediately upon being served notice. 4. The Notice of Suspension will be reviewed by the Parks Director within 15 days of the notice date and will be upheld, amended or denied at his/her discretion. 5. The individual served with Notice of Suspension must contact the Parks Director within 10 days of the notice date if they wish to provide additional information in relation to or contest the suspension. 6. The individual will be notified of the final suspension decision by U.S. mail at the address provided on the Notice of Suspension form or they can obtain a copy at the Parks Department, 805 Witzel Avenue. 7. Suspensions will begin on day of issuance. 8. Suspension duration following an arrest / citation. Ordinance violations: T st offense — not less than 3 calendar days and not more than 30 calendar days suspension 2nd offense (within 1year of prior offense) — not less than 7 calendar days and not more than 60 calendar days suspension 3rd and subsequent violations (within 1 year of prior offenses) — not less than 14 calendar days and not more than 1 year suspension Violations resulting in a misdemeanor arrest — not less than 14 calendar days and not more than 1 year suspension Felony offenses in parks — up to a lifetime suspension 9. Violation of the suspension may result in a physical or referral arrest by the City of Oshkosh Police Department for the appropriate charge, and a possible extension of the suspension. Adopted: Attachment A City of Oshkosh Parks Department Ray Maurer 805 Witzel Ave., PO Box 1130 Parks Director O.fHk Q Oshkosh, W1 51903 -1130 ON THE WATER (920) 236 -5080 (920) 232 -5316 FAX Notice of Suspension As of today's date, you are prohibited from entering any City of Oshkosh Park. This includes but not limited to all City parks, play lots, trails, Lakeshore Municipal Golf Course, boat launches, Fox River Walkway, special historical areas, and other areas listed in Section 19 -2 of the City of Oshkosh Municipal Code. You will not be allowed to return to this or any other park for the duration of time listed below. The suspension will be effective at the time of issuance of this notice. Any further attempt to return or enter the areas listed above may result in your arrest and prosecution for trespassing per Wisconsin State Statute 943.13(lm) (b). Incident Number: ONTO D.O.B: Address: Phone Number: Date of Violation: Location of Violation: Description of Violation: Length of Suspension: _ Serving Officer Signature Date/Time of Service Ray Maurer —City of Oshkosh Parks Director Date /Time Your suspension will be reviewed by the Parks Director within 15 days of the date of this Notice. You must contact the Parks Director at (920) 236 -5080 within 10 days of the notice date if you wish to provide additional information in relation to or contest your suspension. The decision of the Parks Director shall be final and the City elects not to be bound by the provisions of Chapter 68, Wisconsin Statutes, with respect to administrative procedure in this regard.