HomeMy WebLinkAbout33918 / 86-74May 1, 1986 #38 ORDINANCE
FIRST READZNG
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: PROHIBIT TRESSPASSING AND CERTAIN VEHICLE USES
INITIATED BY: POLICE DEPARTMENT
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH CREATING SECTIONS 18-61.1
AND 18-68.1 OF THE OSHKOSH r?UNICIPAL CODE PERTAINING TO TRESPASS TO
VARIOUS PROPERTIES AND REPEALING AND RECREATING SECTION 19-8 OF THE
OSHKOSH MUNICIPAL CODE PERTAINING TO CERTAIN VEHICLE USES.
The Common Council of the City of Oshkosh do ordain as follows:
SECTION 1. That Section 18-61.1 of the Oshkosh Municipal Code
is created to read as follows:
SECTION 18-61.1 TRESPASS PROHIBITED
(A) No person shall, without the express or implied consent of
the owner, or occupant, or person in lawful possession thereof,
(1) enter the dwelling, building or room of another under
circumstances tending to create or provoke a breach of
peace;
(a) Entering the locked premises of another shall be
prime facie evidence of creating or provoking a
breach of peace.
(2) enter for any purpose the locked or posted site of
construction, alteration, painting or repair of a
building, structure or other work;
(3) enters or remains on the land of another for any purpose
whether on foot, bicycle, motorized or other self
propelled vehicle or any other form of transportation
after having been notified by the owner, or occupant, or
person in lawful possession thereof not to do so;
(4) erects on the land of another for any reason signs which
are the same as or similar to those described in
subsection (B) below without the express consent of the
owner, occupant or person in lawful possession thereof.
(B) In this section, a person has received notice from the owner or
occupant within the meaning of this section if he has been
notified personally, either orally or in writing, or if the
land is posted. For land to be posted, a sign at least 11
inches square must be placed in at least 2 conspicuous places
for every 40 acres to be protected. The sign must carry an
appropriate notice and the name of the person qiving the notice
fol lowed by the word "owner" if the person giving the notice is
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May 1, 1986
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#38 Cont'd.
the holder of legal title to the land, or by the word
"occupant" if the person giving the notice is not the holder of
legal title but is a lawful occupant of the land or if the
person giving notice is in lawful possession thereof.
i�)
1� An;� authorized occupant of er��loyer-provided housing shall have
the right to decide who may enter, confer and visit with him in
the housing area he occupies.
SECTION 2. That Section 18-68.1 of the Oshkosh Municipal Code
is created to read as follows:
SECTION 18-68.1 TRESPASSING ON RAILROAD
(A) No person, other than a licensee, authorized news media
reporters or those connected with or employed upon the
railroad, shall walk, loiter, ride, drive or be upon or along
the track of any railroad.
(B) Each railroad corporation shall post notices containing
substantially the provisions of this section, together with the
penalties, in one or more conspicuous places in or about each
railroad station.
(C) The provisions of this section shall not be construed to
interfere with the lawful use of a public road or highway by
any person, or to prevent any person from driving across any
railroad from one part of his land to another part thereof, or
L-rom walking directly across the tracks or right of way of any
railroad; or with the use of the right of way or track by any
person when occasioned by or in connection with, either
directly or indirectly, the shipping, loading or unloading of
freight, seeking employment, the investigation or securing of
evidence with respect to any accident or wreck, or in
conducting or transacting any other business for or with said
railroad; or with the entry of any employ� during or on account
of labor disputes by employees.
SECTION 3. That Section 19-8 of the Oshkosh Municipal Code is
repealed and rescreated to read as follows:
SECTION 19-8 SNOW MOBILES AND OTHER VEHICLES
(A) There shall be no snowmobiling or use of oft-road motor
bikes or all-terrain-type vehicles within the corporate limits
of the City of Oshkosh between the hours of 10:00 p.m. and 8:00
a.m.
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May 1, 1986
#38 Cont'd.
(B) No person shall operate any snowmobile, off-road motor bike,
all-terrain-type vehicle or any other motorized self-propelled
vehicle upon any city-owned property except for:
(1) police, fire and other emergency vehicles;
(2) duly reqistered and licensed motor vehicles, when not
prohibited by any other provision of the Municipal Code,
lawfully operating on paved roadways designated for
vehicular use;
(3) parade assembling and disassembling areas;
(4) vehicles carrying written authorization by the Director of
Parks or designee;
(5) loading and unloading snowmobiles or trailers at the 24th
Avenue, rlenominee Park and Rainbow Park launching sites.
SECTION 4. That this ordinance shall be in full force and
effect from and after its passage and publication.
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SUBMITTED HY
APPROVED v ��
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