HomeMy WebLinkAbout33. 16-90FEBRUARY 23, 2016 16-90 ORDINANCE
FIRST READING
(CARRIED______LOST_______LAID OVER_______WITHDRAWN______)
PURPOSE: APPROVE AMENDMENTS TO THE CITY OF OSHKOSH
MUNICIPAL CODE CHAPTER 19 AND REPEAL SECTION 25-119
PERTAINING TO PARKS AND RECREATION, THE
REGULATION OF BOAT LAUNCHES, FISHING DOCKS & PIERS,
PARKING, PARKING AND BOAT LAUNCH USER FEE
ENFORCEMENT AND ZOO ENTRANCE FEE
INITIATED BY: PARKS DEPARTMENT
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH APPROVING
AMENDMENTS TO THE CITY OF OSHKOSH MUNICIPAL CODE CHAPTER 19 AND
REPEALING SECTION 25-119 PERTAINING TO PARKS AND RECREATION, THE
REGULATION OF BOAT LAUNCHES, FISHING DOCKS & PIERS, PARKING,
PARKING AND BOAT LAUNCH USER FEE ENFORCEMENT AND ZOO ENTRANCE
FEE
The Common Council of the City of Oshkosh does ordain as follows:
SECTION 1. That Section 19-2 of the Oshkosh Municipal Code pertaining to the
Definition of Parks is hereby amended as follows:
Special Purpose
Add Thereto: Bowen Street Fishing Dock
Boat Launches
Remove Therefrom: Bowen Street Boat Launch
SECTION 2. That Section 19-4(E) of the Oshkosh Municipal Code pertaining to
General Park and Beach Regulations – Driving in Parks is hereby repealed, retitled and
recreated to read as follows:
Vehicles to Stay on Paved Roads and Parking Areas
(E)
No person shall drive or park any motor driven vehicle or trailer upon the grass or
trails(s) or park any place other than upon the established roadways or parking
lots unless authorized to do so by the Parks Director.
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SECTION 3. That Section 19-4(T) of the Oshkosh Municipal Code pertaining to
General Park and Beach Regulations – Loitering on the Bowen Street Fishing Dock is
hereby created to read as follows:
(T) No person shall fish or loiter on the Bowen Street Fishing Dock from ten
o’clock (10:00) P.M. to five o’clock (5:00) A.M.
SECTION 4. That Section 19-5(D) of the Oshkosh Municipal Code pertaining to
Zoo Regulations – Food and Beverages Prohibited is hereby repealed and recreated to
read as follows:
Food and Beverages Prohibited
(D)
Visitors are prohibited from taking food or beverages into the Menominee Park
Zoo, except for what is sold in the Zoo’s Lakefly Café, or is authorized by
Menominee Park Zoo staff.
SECTION 5. That Section 19-5.1 of the Oshkosh Municipal Code pertaining to
Zoo Entrance Fee is hereby repealed and recreated to read as follows:
SECTION 19-5.1 ZOO ENTRANCE FEE
The Director of Parks may establish certain times during the year that there will be
a charge to enter the zoo.
SECTION 6. That Section 19-7 of the Oshkosh Municipal Code pertaining to
Boating is hereby retitled as follows:
SECTION 19-7 BOATING AND BOAT LAUNCH REGULATIONS
SECTION 7. That Section 19-7(B) of the Oshkosh Municipal Code pertaining to
Boating and Boat Launch Regulations is hereby repealed and recreated to read as
follows:
Boat Launching
(B)
Boats and motorized watercraft that are trailered shall be launched only in
designated areas of the listed City properties where boat launches are
provided. All boat launch areas will be open 24 hours per day during the
navigation season. No boats will be allowed to attach or tie-up, in any
manner, adjacent to or on the tie-up docks which are adjacent to the
launching ramps, except for immediate launching or loading or for
authorized events.
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SECTION 8. That Section 19-7(I) – (M) of the Oshkosh Municipal Code pertaining
to Boating and Boat Launch Regulations are hereby created to read as follows:
Parking Within Marked Double Stalls-William Steiger Park
(I)
When using the launch at William Steiger Park, double length stalls are for
vehicles with trailers only. Vehicles without trailers may use double stalls
for parking weekdays from 8 am-4 pm. Failure to obey regulations will
result in your vehicle being ticketed.
Boat Launch Parking - Menominee Park
(J)
When using the boat launch at Menominee Park, double length stalls are
for vehicles with trailers only. Vehicles with trailers may use single stalls
for parking from 11 pm-4 pm on weekdays and from 11 pm-8 am on
holidays and weekends. Failure to obey regulations will result in your
vehicle being ticketed.
Parking Prohibited on Grass and Trails
(K)
No person shall drive or park any motor driven vehicle or trailer upon the
grass or trail(s) or park any place other than upon the established
roadways or parking lots unless authorized to do so by the Parks Director.
Parking Within Single and Double Length Stalls
(L)
Except as otherwise specifically permitted by this code and as designated
by appropriate signage, no person shall park a vehicle without a trailer
attached within double length stalls in any park.
Except as otherwise specifically permitted by this code and as designated
by appropriate signage, no person shall park a vehicle with a trailer
attached within single length stalls in any park.
Disabled Parking
(M)
Except for motor vehicles used by a physically disabled person as defined
by Chapter 346 of the Wisconsin Statutes, no person may park, stop or
leave standing any vehicle, whether attended or unattended and whether
temporary or otherwise, in any stall designated for disabled parking or for
vehicles displaying identification card which designates the vehicle as a
vehicle used by a physically disabled person.
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SECTION 9. That Section 19-7.1(B) of the Oshkosh Municipal Code pertaining
to Boat Launch User Fees is hereby repealed and recreated to read as follows:
(B) Boat launch user fees will be established by resolution.
All annual stickers shall be prominently placed and displayed on the left side of
the trailer tongue. In the event no trailer is used, the launch sticker shall be
prominently displayed on the back left bumper of the vehicle used to transport
the craft launched at the launching site. The daily launching permit shall be
prominently displayed on the rear view mirror of the vehicle used to transport the
boat to the launching area. The permit must be completed in its entirety.
Permits not filled out in its entirety shall not be valid.
(1) Tournaments/organizations at a minimum of 200 registered boaters are
offered a $500/day flat fee. If the flat fee option would not be chosen, then
the normal boat launch procedures would be followed.
(a) Boat launch rangers would not monitor any boat launch activities
within Menominee Park during the special fee times.
SECTION 10. That Section 19-7.1(C)(2) of the Oshkosh Municipal Code
pertaining to Boat Launch User Fees is hereby repealed and recreated to read as follows:
(C)(2): Parking of vehicles shall be prohibited in the parking stalls designed for
on-land boat storage in Menominee Park (north of the sailboat launch) except by
those vehicles which display City of Oshkosh Miller’s Bay Program permits or as
permitted by the Parks Director.
SECTION 11. That Sections 19-7.1(D)-(K) of the Oshkosh Municipal Code
pertaining to the Enforcement of Parking and Boat Launch User Fees are hereby
repealed and recreated as new Section 19-7.2 Enforcement of Parking Restrictions within
Parks and Boat Launches to read as follows:
SECTION 19-7.2 ENFORCEMENT OF PARKING RESTRICTIONS WITHIN
PARKS AND BOAT LAUNCHES
Authorize “Traffic Officers”
(A)
For purposes of enforcing the provisions of this Chapter of the Oshkosh
Municipal Code, regulating parking of vehicles within or adjacent to parks and
boat launch facilities, employees of the City of Oshkosh Parks Department are
hereby designated as “Traffic Officers” within the meaning of Sections 340.01(70)
and 349.13 of the Wisconsin Statutes and are hereby authorized to issue
citations for non-moving violations of this chapter.
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Responsibility of Owner
(B)
If any vehicle with a boat trailer is found upon any street, alley, highway, park or
other public grounds of the City in violation of this chapter of the Oshkosh
Municipal Code and the identity of the driver cannot readily be determined, the
owner or person in whose name such vehicle is registered, shall be held prima
facie responsible for such violation.
Enforcement of Parking Restrictions
(C)
Traffic officers observing violations of the parking restrictions specified within this
chapter may issue parking tickets which shall be attached to the vehicle parked
in violation. Each parking ticket shall specify:
(a) identification of the location of the vehicle parking in violation of the
provisions of this section
(b) the license number and state of licensing of the vehicle.
(c) the time at which such vehicle is parking in violation of the provisions of
this chapter.
(d) any other facts, a knowledge of which is necessary to a thorough
understanding of the circumstances attending to the violation.
Basic Penalty for Violation
(D)
The basic penalty for violation of this section shall be fifteen dollars ($15.00).
Payment of Violations; Time Limits; Failure to Pay
(E)
Each owner or operator shall, within 120 hours after 4:00 p.m. of the day of the
following enumerated violations, pay to the City as a penalty for and in full
satisfaction of such violation, the basic penalty as enumerated within this section.
Each such owner or operator shall, after said 120 hour period, pay an additional
penalty of Three Dollars ($3.00). However, if the penalty is not paid within 15
days after 4:00 p.m. of the day of the violation, each such owner or operator shall
then pay an additional penalty of Thirteen Dollars ($13.00); except that if the
penalty is not paid within forty-five (45) days after 4:00 p.m. of the day of the
violation, each such owner or operator shall pay a penalty of Twenty-three
Dollars ($23.00). The failure of such owner or operator to make such payment
shall render such owner or operator subject to the penalties hereinafter provided
for violation of the provisions of this section. Each day of violation shall
constitute a separate offense.
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Non-moving Violations Registration Program
(F)
In addition to all other methods of collecting parking fines provided for in this
Section, the proper City officials are hereby authorized and directed to use the
procedures provided for in Section 345.28 of the Wisconsin Statutes and to take
all actions authorized under said Section with regard to suspension of the
registration of motor vehicles with unpaid citations.
Alternate Procedure
(G)
In lieu of the foregoing provisions, a person who has been issued a parking ticket
for violation of this section may request a hearing regarding such violation. The
person shall be issued a summons and citation and such proceedings shall
thereafter be governed by §§345.34 to 345.47 Wis. Stats.
Use of Launch Fee Revenue
(H)
The net revenue resulting from the sale and enforcement of Launch Fee Permits,
after the deduction of the cost of collection, enforcement, administration and
operation shall be used to establish, maintain and improve boat launch facilities
within the City of Oshkosh.
SECTION 12. That Section 25-119 of the Oshkosh Municipal Code pertaining to
Fishing Docks and Piers is hereby repealed.
SECTION 13. This ordinance shall be in full force and effect from and after its
passage, publication and placement of the appropriate signage.
SECTION 14. Publication Notice. Please take notice that the City of Oshkosh
enacted ordinance #16-XXX (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH
APPROVING AMENDMENTS TO THE CITY OF OSHKOSH MUNICIPAL CODE
CHAPTER 19 AND REPEALING SECTION 25-119 PERTAINING TO PARKS AND
RECREATION, THE REGULATION OF BOAT LAUNCHES, FISHING DOCKS &
PIERS, PARKING, PARKING AND BOAT LAUNCH USER FEE ENFORCEMENT AND
ZOO ENTRANCE FEE) on March 8, 2016. The ordinance amends various provisions in
Chapter 19 of the Oshkosh Municipal Code governing Parks and Recreation and
pertaining to the regulation of boat launches, fishing docks and piers, parking, parking
and boat launch user fee enforcement and a zoo entrance fee at certain times of the
year. The ordinance also repeals section 25-119 of the City of Oshkosh Municipal Code
pertaining to Fishing Docks and Piers having incorporated that provision into Chapter
19.
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.
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TO:
FROM:
DATE:
Ci[y of Oshkosh
PaMS Deparimen�
805 W i�zel Ave., PO Box 1130
OshkoSh,Wl 549034130
�920) 236-5080 (920) 232-5318 FAX
Honorable Mayor and Members of [he Common Council
Ray Maurer, Parks Director
February 17,2016
Ray Maurer
DireCbr
RE: Approve Amendments to Chap[er 19 Pazks & Recreation of the CiTy of Oshkosh Municipal
Code and Repeal Section 25-119 Fishing Docks and Piers
BACKGROUND
Pazks staff has worked with the City Attorney to update and revise vazious sections of Chapter 19 Pazks
and Recreation of the City of Oshkosh Muoicipal Code. The majority of the updates aze within Sectiou
19J Boating and Boat Launch Regulations and a new section 19J2 Enforcement of Pazking
Restrictioos within Pazks and Boat Launches. There aze also minoi revisions iu Section 19-4 Gene�al
Park and Beach Regulations and Section 19-5 Zoo Regulations. 'Ihe revisions more cleazly defi�e what
the Pazks Depar[ment "Traffie Offieecs" (Boat Rangers) can monitor a¢d enfo�ce in the City pazks and
boat lauoch areas. Tlus also centralizes that information into Chapter 19.
Another amendment to Chapter 19 includes the addition of language restricting the hours of use of [he
Bowen Street Fishing Dock from 10:00 P.M. to 5:00 A.M. A similaz restric[ion wrrently exists in
Section 25-I 19 of the Municipa] Code which we aze cequesting be cepealed as this restriction is more
appropriately included in Chapter 19 Parks and Recreation.
ANALYSIS
The Advisory Pazk Boazd discussed Ihese amendments at their February 8, 20t6 meeting and
unanimously recommended approval. The neighbors of the Bowen SVeet Fishing Dock spoke in fayor
of continuiag [he resViction on hours of use and prohibiting loi[edng at the dock from 10:00 P.M. to
5:00 A.M.
FISCAL IMPACT
Minimal fiscal impact. There will be some minor pazk signage updates necessary by our TranspoRation
Department staff.
RECOMMENDATION
Staff recommends the Commo� Counci] adopt the ordinance which amends Chapter 19 Pazks and
Recreation of [he City of Oshkosh Municipal Code and repeals Sec[ioo 25-119 Fishing Docks and Piers.
Respectfully Submitted,
/�� Y ✓ C��
Ray Maurer
Pazks Director
Approved:
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City Manager