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Home My WebLink About30. 13-277MAY 28, 2013 13 -277 ORDINANCE FIRST READING (CARRIED PURPOSE: INITIATED BY: LOST LAID OVER WITHDRAWN ) AMEND PARKS ORDINANCES PERTAINING TO FOX RIVER RIVERWALK PARKS DEPARTMENT A GENERAL ORDINANCE OF THE CITY OF OSHKOSH ADDING THE FOX RIVER RIVERWALK TO THE PARKS LISTED IN SECTION 19 -2, RENUMBERING THE CURRENT SUBSECTIONS (1) -(4) TO (2) -(5) AND CREATING SECTION 19- 4(C)(1) PERTAINING TO CURFEW ON THE FOX RIVER RIVERWALK, RENUMBERING CURRENT SECTION 19- 4(D)(4) TO (5) AND CREATING 19- 4(D)(4) AND (6) PERTAINING TO DOMESTICATED ANIMALS, CREATING 19 -4(S) PERTAINING TO FISHING ALONG THE FOX RIVER RIVERWALK, AND AMENDING 19 -7(G) PERTAINING TO TRANSIENT DOCKING ALONG THE FOX RIVER RIVERWALK The Common Council of the City of Oshkosh does ordain as follows: SECTION 1. That the Fox River Riverwalk be added to the list of Special Purpose Parks contained in Section 19 -2 of the City of Oshkosh Municipal Code. SECTION 2. That the current subsections (1) -- (4) of section 19 -4(C) of the City of Oshkosh Municipal Code be renumbered as subsections (2) through (5). SECTION 3. That Section 19- 4(C)(1) of the City of Oshkosh Municipal Code pertaining to Curfews, be created to read as follows: (1) The Fox River Riverwalk SECTION 4. That Section 19- 4(D)(4) of the City of Oshkosh Municipal Code pertaining to Domesticated Animals in Parks is renumbered (5). SECTION 5. That Section 19- 4(D)(4) of the City of Oshkosh Municipal Code pertaining to Domesticated Animals in Parks is hereby created to read as follows: (4) Persons will be allowed to have domesticated animals on the Fox River Riverwalk provided that such domesticated animals shall be on a leash no longer than six feet (6') and shall be under full control of their owners. SECTION 6. That Section 19- 4(D)(6) of the City of Oshkosh Municipal Code pertaining to Domesticated Animals in Parks is hereby created to read as follows: MAY 28, 2013 13 -277 ORDINANCE FIRST READING CONT'D (6) Owners are required to clean up and remove from the park property any waste deposited by their domesticated animals. SECTION 7. That Section 19 -4(S) of the City of Oshkosh Municipal Code pertaining to fishing along the Fox River Riverwalk be created to read as follows: (S) Fishing is prohibited along the north side of the Fox River Riverwalk from Main Street to Jackson Street. SECTION 8. That Section 19 -7(G) of the City of Oshkosh Municipal Code pertaining to Transient Docking is hereby repealed and recreated to read as follows: (G) Transient Docking All docks and piers that are not used for boat launching may be used for transient boaters. Non - launching transient docks and piers are located at the 24th Avenue Boat Launch (24th Avenue and South Main Street), Miller's Bay in Menominee Park (east of Hazel Street and north of Irving Avenue), Rainbow Park (Oshkosh Avenue and Rainbow Drive), Riverside Park (North Main Street and Ceape Avenue) and along the Fox River Riverwalk. Persons using these docks and piers shall not be allowed to dock more than 48 consecutive hours, except persons using the docks at Riverside Park and along the north side of the Fox River Riverwalk from Main Street to Wisconsin Street shall not be allowed to dock more than 24 consecutive hours. SECTION 9. This ordinance shall be in full force and effect from and after its passage and publication. SECTION 10. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #13 -XXX A GENERAL ORDINANCE OF THE CITY OF OSHKOSH ADDING THE FOX RIVER RIVERWALK TO THE PARKS LISTED IN SECTION 19 -2, RENUMBERING THE CURRENT SUBSECTIONS (1) -(4) TO (2) -(5) AND CREATING SECTION 19- 4(C)(1) PERTAINING TO CURFEW ON THE FOX RIVER RIVERWALK, RENUMBERING CURRENT SECTION 19- 4(D)(4) TO (5) AND CREATING 19- 4(D)(4) AND (6) PERTAINING TO DOMESTICATED ANIMALS, CREATING 19 -4(S) PERTAINING TO FISHING ALONG THE FOX RIVER RIVERWALK, AND AMENDING 19 -7(G) PERTAINING TO TRANSIENT DOCKING ALONG THE FOX RIVER RIVERWALK, effective on June 15, 2013. The ordinance amends the park ordinances pertaining to the Fox River Riverwalk by adding the Riverwalk to the list of Parks in the City, excepting the Riverwalk from the curfew for parks, excepting the Riverwalk from the parks where domesticated animals are prohibited, prohibiting fishing along the north side of the Riverwalk from Main Street to Jackson Street and limiting transient docking along the north side of the Riverwalk from Main Street to Wisconsin Street to no more than 24 consecutive hours. MAY 28, 2013 13 -277 ORDINANCE FIRST READING CONTD 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: 9201236 -5011. City of Oshkosh Parks Department 805 Witzel Ave., PO Box 1130 Oshkosh, Wi 54903 -1130 Qf HKQC/ n 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: Amend Parks Ordinance Pertaining to Fox River Riverwalk Ray Maurer Director BACKGROUND At its meeting on Tuesday, May 28, 2013, the City Council will have on its agenda for first reading various amendments to Chapter 19 of the City of Oshkosh Municipal Code, Parks and Recreation, pertaining to the Fox River Riverwalk. The ordinance amends the park ordinances pertaining to the Fox River Riverwalk by adding the Riverwalk to the list of Parks in the City, excepting the Riverwalk from the curfew for parks, excepting the Riverwalk from the parks where domesticated animals are prohibited, prohibiting fishing along the north side of the Riverwalk from Main Street to Jackson Street and limiting transient docking along the north side of the Riverwalk from Main Street to Wisconsin Street to no more than 24 consecutive hours. ANALYSIS The Advisory Parks Board considered this item on Monday, May 13, 2013 and unanimously recommended approval by the Common Council. As the various segments of the riverwalk have been developed, city staff has had discussions with adjacent property owners regarding rules and regulations that may be necessary to accommodate riverwalk users as well as the adjacent businesses. The general rule is that Parks are closed between 11:00 p.m. and 6:00 a.m. Because of the nature and location of the Riverwalk it is anticipated that persons may continue to use the walk between those hours and so staff has proposed excepting the Riverwalk from the normal curfew hours. Similarly, with some exceptions, the general rule is that domesticated animals are not allowed within city parks. Staff has taken into consideration the connection of the riverwalk to the WIOUWASH Trail in particular allowing persons to have domesticated animals on the Fox River Riverwalk provided that such domesticated animals shall be on a leash no longer than six feet (6') and shall be under full control of their owners. Winnebago County allows leashed animals on trails and Chapter 6 of the City of Oshkosh Municipal Code requires that animals be secured on leashes not more than six feet (6') in length. Finally, staff is proposing limitations on both fishing and docking along the portion of the Riverwalk on the north side of the River. Because of the proximity of the downtown hotel and City Center complex, limitations contained in the easements granted to the City by the property owners, and the anticipated traffic related to the docks in that area, staff is proposing that fishing be prohibited along the Riverwalk from Main Street to Jackson Street. In addition, staff is proposing to limit the amount of time a boat may be docked on the north side of the River from Main Street to Wisconsin Street to no more than 24 consecutive hours. This is consistent with current limits adjacent to Riverside Park and the Leach Amphitheatre. FISCAL IMPACT There is no fiscal impact of this amendment request. RECOMMENDATION Staff recommends the Common Council approve the amendment. Respectfully Submitted, Ray Maurer Parks Director Approved: Mark Rohloff City Manager