HomeMy WebLinkAbout22. 18-19JANUARY 9, 2018 18-19 ORDINANCE
FIRST READING
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: AUTHORIZE THE CHIEF OF POLICE AND/OR DIRECTOR OF
TRANSPORTATION TO ESTABLISH TEMPORARY SPEED LIMITS
FOR SPECIAL EVENTS
INITIATED BY: CITY ADMINISTRATION
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH CREATING SECTION 27-8.1
TEMPORARY SPEED LIMITS FOR EVENTS OF THE OSHKOSH MUNICIPAL CODE
AUTHORIZING THE CHIEF OF POLICE AND OR DIRECTOR OF TRANSPORTATION
TO ESTABLISH TEMPORARY SPEED LIMITS FOR ROADWAYS WITHIN, ADJACENT
TO OR ACCESSING SPECIAL EVENTS
WHEREAS, §349.02 of the Wisconsin Statutes specifies that it is the duty of the
police within each jurisdiction to direct all traffic; and
WHEREAS, Wisconsin Statutes §349.11(1)(a) permits local authorities with respect
to roadways under their jurisdiction to determine on the basis of engineering and traffic
investigations speed limits that are reasonable and prudent; and
WHEREAS, the City of Oshkosh hosts numerous events each year; and
WHEREAS, the Oshkosh Police Department along with the Department of
Transportation review all events and recommend for the health, safety and welfare of
event participants and the public that in some cases temporary speed limits be established
for roadways within, adjacent to or accessing special events; and
WHEREAS, the Council finds that it is in the interest of the public health, safety
and welfare and reasonable to delegate to the Police Chief and/or the Director of
Transportation the ability to temporarily establish speed limits in connection with Special
Events which are enforceable.
JANUARY 9, 2018 18-19 ORDINANCE
FIRST READING CONT'D
The Common Council of the City of Oshkosh do ordain as follows:
SECTION 1. That Section 27-8.1 of the Oshkosh Municipal Code pertaining to the
establishment of temporary speed limits pertaining to Special Events within the City of
Oshkosh is hereby created to read as follows:
SECTION 27-8.1 TEMPORARY SPEED LIMITS FOR EVENTS
Notwithstanding the limits established in Section 27-8 of this Municipal Code, the
Chief of Police and/or Director of Transportation are hereby authorized to establish
temporary speed limits for Special Events as defined in this Section 5-18.II.A. Code,
whether such events require a permit under the terms of that Chapter or not, whenever in
his/her reasonable discretion a temporary reduction of speed limits is necessary to protect
the public health, safety and welfare, subject to the following limitations:
A. Speed limits may only be reduced, there shall be no increase in speed limit
permitted under the provisions of this section
B. Temporary speed limits may be established and enforced for a period not to
exceed the duration of the event, including reasonable period for set-up or
entry to or exit from an event
C. Speed limits may only be reduced on roadways within, adjacent to or
directly accessing the event
D. Temporary speed limits may only be enforced upon the placement of
appropriate signage
SECTION 2. This ordinance shall be in full force and effect from and after its
passage, and publication.
SECTION 3. Publication Notice
Please take notice that the City of Oshkosh enacted ordinance #18 -XXX (A GENERAL
ORDINANCE OF THE CITY OF OSHKOSH CREATING SECTION 27-8.1 TEMPORARY
SPEED LIMITS FOR EVENTS OF THE OSHKOSH MUNICIPAL CODE AUTHORIZING
THE CHIEF OF POLICE AND OR DIRECTOR OF TRANSPORTATION TO ESTABLISH
TEMPORARY SPEED LIMITS FOR ROADWAYS WITHIN, ADJACENT TO OR
ACCESSING SPECIAL EVENTS) on January 23, 2018. The ordinance authorizes the
Police Chief and/or the Transportation Director for the City of Oshkosh to temporarily
JANUARY 9, 2018 18-19 ORDINANCE
FIRST READING CONT'D
decrease speed limits on roadways within, adjacent to or directly accessing special
events when they believe it is necessary to protect the public health, safety and welfare.
Temporary reductions in the speed limit will only be enforceable upon the placement of
appropriate signage.
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.
TO: Mayor and Members of the Common Council
FROM: Lynn A. Lorenson, City Attorney
DATE: January 4, 2018
RE: Authorize the Chief of Police and/or Director of Transportation to Establish
Temporary Speed Limits for Special Events
BACKGROUND
The Police Department and Department of Transportation as part of the review process for
special events will for some events recommend a temporary reduction of the speed limits on
certain roadways adjacent to the event. An example of this occurs adjacent to the Country USA
grounds for that event. Wisconsin Statutes §349.11(1)(a) permits local authorities with respect to
roadways under their jurisdiction to determine on the basis of engineering and traffic
investigations speed limits that are reasonable and prudent. While there is authorization in the
statutes for temporary reductions of speed limits in certain circumstances and the police in
particular have authority to control traffic, staff believes that it is prudent to clearly establish
authority for these temporary reductions within the City's municipal ordinances.
ANALYSIS
The proposed ordinance authorizes the Police Chief and/or the Transportation Director for the
City of Oshkosh within the limits established within the ordinance to temporarily decrease
speed limits on roadways within, adjacent to or directly accessing special events when they
believe it is necessary to protect the public health, safety and welfare. Temporary reductions in
the speed limit will only be enforceable upon the placement of appropriate signage.
FISCAL IMPACT
There is no anticipated fiscal impact associated with this ordinance.
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
RECOMMENDATION
Staff recommends adoption of the ordinance to allow the Chief of Police and/or the Director of
Transportation to temporarily reduce speed limits on roadways within, adjacent to or directly
accessing special events.
Respectfully Submitted,
44-4-0
A. Loren
City Attorney
Approved:
Mark A. Rohloff
City Manager
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us