HomeMy WebLinkAbout23. 14-464
OCTOBER 14, 2014 14-464 ORDINANCE
FIRST READING
(CARRIED___7-0___ LOST________ LAID OVER________ WITHDRAWN_______)
PURPOSE: AMEND ORDINANCE PERTAINING TO DISCHARGING A
FIREARM TO RESTRICT HUNTING FROM CITY OWNED
PROPERTY
INITIATED BY: CITY ADMINISTRATION
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 17-4 (C)
DISCHARGING FIREARMS PROHIBITED – DUCK HUNTING OVER LAKE WINNEBAGO
AND LAKE BUTTE DES MORTS
The Common Council of the City of Oshkosh does ordain as follows:
SECTION 1. That Section 17-4(C) of the Oshkosh Municipal Code pertaining to
Discharging of Firearms Prohibited is hereby repealed and recreated to read as follows:
This Section shall not apply during the months of October and November for the
(C)
purpose of duck hunting from non-city owned property over Lake Butte des Morts
and Lake Winnebago when and where life and property is not in danger, except for
property abutting South Asylum Bay, more particularly described as follows:
That property abutting Lake Winnebago and lying Southwesterly of the following
described line:
A parcel of land in the south 1/2 of Section 7, Township 18 North, Range 17 East, in
the east 1/2 of Section 12, Township 18 North, Range 16 East, all in the Town of
Oshkosh, Winnebago County, Wisconsin, described as follows:
Commencing at the intersection of the westerly line of Lot 2 of the Doemel Plat and
the northerly line of Hickory Lane (originally shows as Lake drive), thence N. 73
degrees 55' E., along the northerly line of Hickory Lane 339 feet, thence N. 16
degrees 5' W., 30 feet, thence N. 61 degrees 5' W., 300 feet more or less to the
southerly shoreline of Lake Winnebago, also being the true point of beginning,
thence northwesterly to the southeasterly (most easterly) corner of Lot 1 of Replat
of Oakwood Beach Plat.
SECTION 2. This ordinance shall be in full force and effect from and after its
passage and publication.
OCTOBER 14, 2014 14-464 ORDINANCE
FIRST READING CONT'D
Please take notice that the City of Oshkosh enacted ordinance #14-XXX A
GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION17-4 (C)
DISCHARGING FIREARMS PROHIBITED—DUCK HUNTING OVER LAKE WINNEBAGO
AND LAKE BUTTE DES MORTS, on October 14, 2014. The ordinance corrects an
omission in a previous ordinance and prohibits duck hunting from city owned property.
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 HAL�
215 Church Avenue
P.O.Box 1130
Oshkos 5 903-1130 City of Oshkosh
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TO: Honorable Mayor and Members of the Common Council
FROM: Lynn A. Lorenson, City Attorney
DATE: October 9, 2014
RE: Proposed Ordinance to Amend Ordinances pertaining to the Discharging
of a Firearm to Restrict Hunting from City Owned Property
BACKGROUND
In general, section 17-4 of the City's municipal code prohibits the discharging of any
firearms within the City. There has been a historical exception for duck hunting over
Lake Butte des Morts and Lake Winnebago during October and November, but this
exception excludes the South Asylum Bay Area. The long standing practical
interpretation of the ordinance has been that hunting is allowed from the city shoreline
only during October and November duck hunting season and then only when shooting
out over Lake Butte des Morts and Lake Winnebago. While duck hunting is generally
allowed over the Lake, hunting remains prohibited in the South Asylum Bay area.
Hunting was also prohibited from City park properties adjacent to the shoreline by
separate ordinance.
In 2011 the State of Wisconsin made significant changes to the laws giving the
municipalities the authority to regulate the carrying of firearms. At that time, staff
reviewed and recommended changes to the existing ordinances to comply with the new
state laws. The City repealed the section in the park ordinance that restricted carrying
and using firearms in the parks, in part because the new state laws limited the City's
ability to regulate the carrying of firearms and because other sections of the municipal
code prohibited discharging a firearm within the City. However in making this change,
we didn't take into full account the exception for duck hunting over Lake Winnebago. As
the ordinance was amended, it would now technically allow someone duck hunting in
October or November to hunt from City property such as a city park, which had never
been allowed. It was not the intention of staff in proposing the amendments to the
ordinances to change the ordinance to allow hunting from city owned properties and the
change was only recently discovered on a review of the ordinances.
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ANALYSIS
Staff is proposing the attached ordinance to correct the inadvertent change to the
ordinance and asking the Council to waive the rules to make an immediate correction to
the ordinance. Staff believes that waiving the rules is appropriate in this instance
because the proposed ordinance is merely a correction of a prior inadvertent change to
longstanding existing ordinances and was discovered by staff on a review of the
ordinances. In addition, duck hunting season has started and immediate correction of
the ordinance will limit any confusion for the pubtic.
FISCAL IMPACT
There is no anticipated fiscal impact from the proposed ordinance.
RECOMMENDATION
Staff recommends waiving of the rules and adoption of the proposed ordinance on first
reading.
RespectFully Submitted, Approved:
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n . Lore Mark A. Rohloff
City Attorney City Manager