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HomeMy WebLinkAbout34. 16-340JUNE 28, 2016 16 -340 ORDINANCE FIRST READING (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: AMEND SECTION 19 -4(D) OF THE CITY OF OSHKOSH MUNICIPAL CODE RELATED TO DOMESTICATED ANIMALS IN PARKS INITIATED BY: PARKS DEPARTMENT PARKS ADVISORY BOARD RECOMMENDATION: Approved A GENERAL ORDINANCE OF THE CITY OF OSHKOSH REPEALING AND RECREATING SECTION 19 -4 (D) Domesticated Animals: The Common Council of the City of Oshkosh does ordain as follows: SECTION 1. That Section 19 -4(D) of the Oshkosh Municipal Code pertaining to Domesticated Animals is hereby repealed and recreated to read as follows: SECTION 1. 19 -4(D) DOMESTICATED ANIMALS No domesticated animals shall be allowed in the parks, except as follows: (1) Animals assisting disabled persons and police canines. (2) Persons will be allowed to have domesticated animals at City Park boat launches, only when being transferred from vehicles to boats, or boats to vehicles. Those domesticated animals shall be on a leash no longer than six feet (6') and shall be under full control of their owners. (3) 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. (4) Domesticated animals are only allowed in parks for the purpose of being walked on pass- through walkways or trails and parking lots serving the walkways or trails. Those domesticated animals shall be on a leash no longer than six feet (6') and shall be under full control of their owners. JUNE 28, 2016 16 -340 ORDINANCE CONT'D (5) Domesticated animals shall not be allowed in City Park buildings, playground areas, picnic shelters, sport /athletic facilities, beaches, zoo, pool, splash pads, golf course, cemeteries or special event areas. (6) Upon waiver granted by the Common Council. (7) Owners are required to clean up any waste deposited by their domesticated animal and properly dispose of it off -site. SECTION 2. All ordinances or parts of ordinances, in conflict herewith are hereby repealed. SECTION 3. This ordinance shall be in full force and effect from and after its passage and publication. SECTION 4. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #16 -XXX A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING #19 -4(D) Domesticated Animals in Parks. The ordinance will allow domesticated animals to be walked controlled on a leash no longer than six (6) feet in length on paths, trails and within parking areas leading to paths and trails in city parks. The ordinance will also require animal owners to pick up waste left by their animals. 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. -(0 Of HK O-1 n ON THE WATER TO: FROM: DATE: RE: City of Oshkosh Parks Department 805 Witzel Ave., PO Box 1130 Oshkosh, WI 54903 -1130 (920) 236 -5080 (920) 232 -5316 FAX Honorable Mayor and Members of the Common Council Ray Maurer, Parks Director June 23, 2016 Ray Maurer Director Amend Section 19 -4(D) of the City of Oshkosh Municipal Code Related to Domesticated Animals in Parks BACKGROUND The issue of allowing domesticated animals, mainly dogs, in city parks has been an issue that has been discussed numerous times over the past 10 -15 years by the Advisory Parks Board. Some of the most recent discussions by the Board took place when the Sawyer Creek/Rusch Park was developed, when the Riverwalk regulations were discussed, and when the Comprehensive Outdoor Recreation Plan (CORP) was being updated in 2010 -2011. It was decided to allow domesticated animals on a leash no longer than six (6) feet at Sawyer Creek/Rusch Park as well as along the Riverwalk. When the CORP was being updated, allowing dogs in parks was one of the more popular issues brought forward by citizens. It was suggested in the CORP (see page 65) that "the city should also consider changing its ordinance to allow leashed dogs in parks (except the zoo, golf course, pool, etc.) with certain restrictions ". ANAINSTS Over the past few years, municipalities statewide and nationwide have become more "dog friendly" and have been updating their ordinances to allow leashed dogs in parks with restrictions. The Parks Department has been receiving more and more requests by citizens for us to allow dogs in parks. Staff reviewed numerous ordinances from municipalities and drafted an ordinance that we believe works for the City of Oshkosh parks. The Advisory Parks Board discussed the ordinance at their June 13, 2016 meeting; those meeting minutes are attached. The Board recommended on a 7 -1 vote that the Common Council amend Section 19 -4(D) of the City of Oshkosh Municipal Code to allow domesticated animals to be walked controlled on a leash no longer than six (6) feet in length on paths, trails and within parking areas leading to paths and trails in city parks. The ordinance will also require animal owners to clean up any waste deposited by their animal and properly dispose of it off -site. The ordinance restricts animals from being in City park buildings, playground areas, picnic shelters, sport/athletic facilities, beaches, zoo, pool, splash pads, golf course, cemeteries or special event areas. By restricting animals to be only allowed on paths or trails in the parks, it essentially limits the number of parks where this will be allowed to about 12 of the city parks (those that have paths or trails). The Board included in its recommendation that this ordinance should be given a two (2) year trial period for proper evaluation. The Board also discussed that the ordinance can be amended at any time if issues arise. We have shared this amended ordinance with Police Chief Smith and he is in support of the proposed amendments. FISCAL IMPACT The fiscal impact of this ordinance would be the potential cost for signs to be posted stating the new restrictions. RECOMMENDATION Staff recommends the Common Council adopt the ordinance. Respectfully Submitted, Ray Maurer Parks Director Approved: City Manager (0 OfHKO1H ON THE WATER ADVISORY PARK BOARD JUNE 13, 2016 NOMA Present: Amy Davis, Tony Dirth, Bill Gogolewski, Steve Herman, Jim Michelson, Bill Miller, Carrie Rule, Terry Wohler Excused: Megan Schuessler Staff: Ray Maurer, Parks Director; Chad Dallman, Assistant Parks Director; Jenny McCollian, Revenue Facilities Manager; Anne Schaefer, Marketing and Fund Development Coordinator; Trish Marks, Recording Secretary CALL TO ORDER Chairman Wohler called the meeting to order at 6:00 P.M. INTRODUCTION OF NEW BOARD MEMBER TONY DIRTH Mr. Maurer introduced new Board member, Tony Dirth. Mr. Dirth gave a brief background of his history noting that he is an Assistant Director of Recreation at the UW- Oshkosh and has been a resident of the City of Oshkosh for approximately seven (7) years. He is the father of two children (ages one and three) and would like to try and help make the parks better for the future of his children. He has always been interested in this field (parks and recreation) and feels that being on the Board will offer him a unique opportunity. ROLL CALL A quorum was determined to be present. INTRODUCTION OF ANNE SCHAEFER, MARKETING AND FUND DEVELOPMENT COORDINATOR Mr. Maurer introduced Ms. Schaefer to the Board members noting that her position was created to fulfill the goals of the City's strategic plan relative to marketing and fundraising with the Parks and Community Development departments. Ms. Schaefer stated she had been working at Marian University in communications. She feels this position offers a great opportunity to market what the city has /does with the parks. APPROVAL OF MINUTES Motion by Herman for approval of the May 9, 2016 minutes, as distributed. Seconded by Schuess /er. Motion carried 8 -0. CITIZEN STATEMENTS There were no citizen statements. MR. MILLER ARRIVED AT THIS TIME (6:05 PM) THEREBYMAK/NG AN 8- MEMBER BOARD ADVISORY PARK BOARD MINUTES PAGE TWO JUNE 13, 2016 PARK BUSINESS 1) Discuss /recommend amending Section 19 -4(d) of the City of Oshkosh Municipal Code to allow domesticated animals in City parks with restrictions Mr. Maurer gave a brief background on the issue and read his Memorandum dated June 9, 2016 addressed to the Park Board members (said Memorandum on file at the City Parks Department and made a part of these minutes). He stated that in the current 2011 Comprehensive Outdoor Recreation Plan (CORP) one of the recommendations (page 65) was "The City should also consider changing its ordinance to allow leashed dogs in parks (except the zoo, golf course, pool, etc.) with certain restrictions." He stated that about every other day there are dog issues from the Oshkosh Police Department (OPD) incident reports wherein people are continuing to bring their dogs through the City parks. Surrounding communities such as Fond du Lac and Appleton are considering amending their ordinances to allow leashed dogs on trails within their park system. The survey information contained in the CORP reflects a 50/50 opinion from the public as to allowing leashed dogs in the City parks. He has discussed this proposed change with the new Chief of Police, Dean Smith, who has indicated the OPD would be helpful with the enforcement of the proposed changes. Mr. Michelson stated that he has been on the Advisory Park Board for over 20 years and within that time the issue of dogs allowed in parks has been brought up 3 -4 times and each time it has been turned down. He stated there are public safety issues for park users due to the narrowness of the trails, dogs do not like moving bicycles and become aggressive, and there not being enough room on the trails for multi -uses. He stated the proposed new ordinance is more complicated where dogs can and cannot be and feels that people do not need to be fearful of dogs on trails. Mr. Maurer stated he is not aware of any incident of a citizen being bitten by a dog that has been on a park trail (dog /pedestrian issues). Mr. Herman stated he had requested that this issue of dogs being allowed on park trails be brought up again due to the number of requests from trail users that they cannot take their dogs for walks on the trails. In most cases, the public are good pet owners and responsible for picking up after their dogs and keeping their dogs under their control (leash). Mr. Miller stated that the City is behind in what is happening and should move forward. Terrell's Island is a good example in that there are a lot of people that walk their dogs there and have had no issues. He is in support of the request. Ms. Rule inquired as to informational signage being posted similar to the WIOUWASH trail. Mr. Maurer stated that certainly can be looked at in the future. We can do something within the Parks Department for educational purposes such as the maintenance workers in the parks can hand -out information that list restrictions if they see any individual with their dog and not being leashed or other infractions. Ms. Rule stated that 99% of the time when she is riding her bike there are people walking their dog and there have been no issue. She has more troubles with people with their strollers than the dog walkers. Mr. Gogolewski inquired as to which parks would allow dogs on trails. Mr. Maurer stated Roe, Garden Club, Stevens, Teichmiller, Menominee, South Park, Riverside Park, Carl and William Steiger, Glatz Nature Preserve, North High Conservancy. He noted that the Sawyer Creek /Rusch Park already allows leashed dogs on the trail. ADVISORY PARK BOARD MINUTES PAGE THREE JUNE 13, 2016 After further discussion, it was the consensus of the Board to allow leashed dogs on the trails as proposed for a 2 -year trial period. Motion by Miller to recommend amending Section 19 -4(d) of the City of Oshkosh Municipal Code to allow domesticated animals in City parks with restrictions and that this ordinance can be reviewed two years after the date of adoption of said ordinance. Seconded by Davis. Motion carried 7 -1 (Michelson). Mr. Miller left at this time (6:30 PM), thereby leaving a seven (7) member Board. PARK DIRECTOR'S REPORT Mr. Maurer stated that the parking lot project at the Senior Center is coming along well. An agreement had been entered into with the City and the UW -O Foundation to replace the Carl Steiger Park path which will be repaired and repaved shortly. An opening ceremony for the Boat Works park area property has been scheduled for Thursday, June 16 beginning at 4 PM and the public is invited to attend. It is budget time for the City and staff has a meeting with the Finance Department and City Manager to start the Capital Improvement Project budget next week and operating budgets will be due the first part of August. He also noted that Performance Evaluations are due by the end of July and staff are working on those. ASSISTANT PARK DIRECTOR'S REPORT Mr. Dallman stated that crews are working on mowing, restroom cleaning and upkeep of the boat launch areas. Pollock Community Water Park opened on June 5 and there have been some challenges with adequate life guarding staff. The Winnebagoland Art Fair was last weekend at South Park and it was great to hear compliments about the new restrooms. Renovations to the Red Arrow restrooms have commenced. Mr. Gogolewski inquired as to the foliage on the shoreline at Miller's Bay. Mr. Maurer stated over the weekend he had received an email from Justine Mitchell showing the sea of coreopsis in full bloom by the Melvin Avenue pump station across from Webster Stanley Middle School. He stated the last time he checked the area that it had looked well- trimmed. Chairman Wohler stated he also thought the area looked a lot better than it had in the past and thought the group was doing a good job maintaining it. Mr. Gogolewski stated it is still not what they agreed to by way of height and noted that he was out there recently and the growth is about 4 -ft., and there was a plant or two that was about 6 -ft. Mr. Maurer stated he will instruct the City Forester, Bill Sturm, to visit the area and address those concerns with the group maintaining the area. He stated Mr. Sturm was working with the group on maintenance. REVENUE FACILITIES MANAGER'S REPORT Ms. McCollian stated the Menominee Park amusements, zoo and Pollock Community Water Park are open full -time now and are all quite busy. She has hired many new seasonal employees and managers for all of her areas and is keeping busy with training and scheduling of the employees. The Menominee Park Zoo has a new zoo educator which is funded by the Oshkosh Zoological who is helping to educate the visiting ADVISORY PARK BOARD MINUTES PAGE FOUR JUNE 13, 2016 school groups, kids and families. The first event, Welcome Back Summer Celebration at the Pollock Community Water Park is set for June 16 and is sponsored by Hergert Sport Center. June 18th will be the Snooze at the Zoo event sponsored by Thrivent South Winnebago Chapter. Movie Night at the Leach Amphitheater is set for June 24th and is sponsored by CellComTM. June 28th will be Mascot Day at the Menominee Park Amusement Center from Noon until 4 PM. Tuesday, July 12 starts the Streaming Live Concert Series at the Leach Amphitheater which is fully sponsored by Verve A Credit Union. OTHER BUSINESS Mr. Herman stated that the tie -ups along Riverside Park look nice and they appear to be a good option. He is glad to hear that the Oshkosh Boat Club is helping with the costs. Mr. Maurer stated he has been working with Wisconsin Public Service (WPS) with respect to the issue and discussed the installation of sand - filled barriers with boat cleats and installation of signage for the tie -ups. Someone from the Oshkosh Boat Club used his boat as an experiment to determine if the sand - filled barriers were a good option and it appears that they are. WPS has offered to donate $2,500 towards the barriers and the Oshkosh Boat Club will contribute towards the cost of the barriers. He would like to order seven more at an additional cost of $2,300. There being no other business, ADJOURNMENT Motion by Gogolewski for adjournment; seconded by Rule. Motion carried 7 -0. The meeting adjourned at 6:47 P.M Respectfully submitted, yir f .&z"FJ Trish Marks, Recording Secretary