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HomeMy WebLinkAbout27. 19-345 JUNE 11, 2019 19-345 ORDINANCE FIRST READING (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: TEMPORARILY CLOSE PIONEER DRIVE AND 141H AVENUE; ALLOW PERSONS TO USE A PORTION OF PIONEER DRIVE FOR VIEWING OF THE JULY 4TH FIREWORKS SHOW; AND ALLOW CARRY-INS FOR JULY 4TH FIREWORKS SHOW INITIATED BY: CITY ADMINISTRATION A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AUTHORIZING THE TEMPORARY CLOSING OF PIONEER DRIVE AND 14TH AVENUE EAST OF MAIN STREET; PERMITTING PERSONS TO USE A PORTION OF PIONEER DRIVE AND PROVIDING A VARIANCE TO SECTION 17-7 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO CONSUMPTION OR POSSESSION OF INTOXICANTS ON STREETS ON A PORTION OF PIONEER DRIVE FOR JULY 4TH FIREWORKS SHOW WHEREAS, Festival Foods and the City of Oshkosh sponsor an annual 41h of July Fireworks show which will be located on Pioneer Island for 2019; and WHEREAS, the Oshkosh Police and Fire Departments have reviewed the plans for this event and recommend closing all of Pioneer Drive and 141h Avenue east of Main Street during the event to vehicle traffic but have identified a portion of Pioneer Drive east of Main Street to the railroad tracks that is suitable for pedestrian traffic and viewing of the fireworks show; and WHEREAS,members of the public may wish to view the fireworks show and carry- in food and alcoholic and non-alcoholic beverages during this event and it is necessary to grant a variance from the terms of section 17-7 for this purpose; and WHEREAS, it is undesirable to allow the carry-in of glass containers in this location. NOW, THEREFORE the Common Council of the City of Oshkosh do ordain as follows: JUNE 11, 2019 19-345 ORDINANCE FIRST READING CONT'D SECTION 1. That the appropriate city staff are hereby directed and authorized to close all of Pioneer Drive and 141h Avenue east of Main Street to motor vehicle and pedestrian traffic for the 41h of July Fireworks Show subject to the following conditions: A. All necessary and required signage, including advance warning signs for the anticipated closure of the street and detour of traffic shall be provided. B. City Staff shall work to minimize the effects of the street closure upon emergency services and the public. C. The Director of Public Works, Police and Fire Chiefs of the City of Oshkosh are hereby authorized to take such action as may be necessary and appropriate to protect the health, safety and welfare of the citizens. SECTION 2. Subject to the determination of the Police and Fire Chief, or their respective designees, Pioneer Drive from Main Street east to the Railroad Tracks shall remain open for pedestrian traffic and persons wishing to view the Fireworks show and a waiver from the provisions of Section 17-7 of the City of Oshkosh Municipal Code prohibiting the possession and/or consumption of intoxicants is hereby granted for the period from 4 pm to 11 pm on the same portion of Pioneer Drive open to pedestrians for the Fireworks event on July 4, 2019 (or a rain date if required) subject to the following conditions: A. There shall be no glass or glass containers permitted. Any person violating this provision shall be subject to the penalties prescribed in Sections 19-4(H) and 19- 9 of the Oshkosh Municipal Code. B. There shall be no domesticated animals permitted except for animals assisting disabled persons and police canines. Any person violating this provision shall be subject to the penalties prescribed in Sections 19-4(D)and 19-9 of the Oshkosh Municipal Code. C. No person shall leave or discard any refuse,or other object on or around Pioneer Drive and all waste and any other items shall be carried away by the person or group responsible for it. Any person violating this provisions shall be subject to the penalties prescribed in Sections 23-12 and 23-18 of the Oshkosh Municipal Code for Littering. SECTION 3. This ordinance shall be in full force and effect from and after its passage, publication and placement of the appropriate temporary signage indicating the closure. JUNE 11, 2019 19-345 ORDINANCE FIRST READING CONT'D SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #19-XXX TEMPORARILY CLOSE PIONEER DRIVE AND 14TH AVENUE; ALLOW PERSONS TO USE A PORTION OF PIONEER DRIVE FOR VIEWING OF THE JULY 4TH FIREWORKS SHOW;AND ALLOW CARRY-INS FOR JULY 4TH FIREWORKS SHOW (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AUTHORIZING THE TEMPORARY CLOSING OF PIONEER DRIVE AND 14TH AVENUE EAST OF MAIN STREET; PERMITTING PERSONS TO USE A PORTION OF PIONEER DRIVE AND PROVIDING A VARIANCE TO SECTION 17-7 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO CONSUMPTION OR POSSESSION OF INTOXICANTS ON STREETS ON A PORTION OF PIONEER DRIVE FOR JULY 4TH FIREWORKS SHOW) on June 25, 2019. The ordinance allows the temporary closure of Pioneer Drive and 141h Avenue for purposes of the July 41h fireworks show and creates a temporary exception from the ordinance prohibiting the possession and use of intoxicants on streets for a portion of Pioneer Drive from Main Street east to the railroad tracks during this same period. Glass bottles and domesticated animals shall be prohibited and persons must remove waste and other objects from the area. The penalty for violation shall be $75 plus costs for violation of these provisions. 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.