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HomeMy WebLinkAboutChapter 19 - Parks and Recreation City of Oshkosh Municipal Code Revised 7/15/21 CHAPTER 19 PARKS AND RECREATION ARTICLE I. PARKS AND PLAYGROUNDS 19-1 ADVISORY PARK BOARD- (REPEALED-MOVED TO CHAPTER 2) 19-2 PARK DEFINITION 19-3 DUTIES OF THE PARK DIRECTOR 19-4 GENERAL PARK AND BEACH REGULATIONS 19-5 ZOO REGULATIONS 19-5.1 ZOO ENTRANCE FEE 19-6 REGULATIONS IN COUNTY-OWNED PARKS 19-7 BOATING REGULATIONS 19-7.1 BOAT LAUNCH USER FEES(SECTIONS 19-7.1(D)-(K)REPEALED AND RECREATED-NOW SEC. 19-7.2) 19-7.2 ENFORCEMENT OF PARKING RESTRICTIONS WITHIN PARKS AND BOAT LAUNCHES 19-8 FACILITY CHARGE/LEACH AMPHITHEATER AT RIVERSIDE PARK (FORMERLY: SNOWMOBILES-REPEALED-NOW SEC. 17-10.1) 19-9 PENALTIES 19-10 SUSPENSION OF PARK PRIVILEGES City of Oshkosh Chapter 19—Page 1 Municipal Codes City of Oshkosh Municipal Code Revised 7/15/21 ARTICLE I. PARKS AND PLAYGROUNDS SECTION 19-1 (Repealed—Moved to Chapter 2) SECTION 19-2 PARK DEFINITION As used in this Chapter, the term "park" is defined to mean all lands and water heretofore and hereafter acquired by the City for park or recreational purposes, or placed under the jurisdiction of the Parks Department, and includes, without limitation, parks, parkways, greenways, recreational facilities and structures, and privately owned lands the use of which has been granted or leased to the City for park, recreational, or like public purposes, including: 241h Avenue Boat Launch 441h Parallel Park Abe Rochlin Park Abbey Park Al Broullire Memorial Park Bauman Park Bowen Street Fishing Dock Campbell Creek Marsh Carl E. Steiger Park Congress Ave. Tot Lot Fox River Riverwalk Fugleberg Boat Launch Fugleberg Park Garden Club Park Glatz Nature Park Hikers Monument/Paine Conservancy Killian G. Spanbauer Park Lakeshore Park Mary Jewell Park Menominee Park Michigan Street Fishing Dock Mill Street Boat Launch North High Conservancy Opera House Square Quarry Park Rainbow Memorial Park Red Arrow Park including the Pollock Community Water Park and appurtenant properties Riverside Park including the Leach Amphitheater and appurtenant properties Roe Park Rusch Park South Park Stevens Park Stoegbauer Park City of Oshkosh Chapter 19—Page 2 Municipal Codes City of Oshkosh Municipal Code Revised 7/15/21 Teichmiller Park West Algoma Park Westhaven Circle Park William A. Steiger Park William Waters Plaza SECTION 19-3 DUTIES OF THE PARK DIRECTOR (A) The Director of Parks shall be responsible to promulgate rules and regulations for the management, operation,and control of parks and related facilities and recommend appropriate fees and deposits to the City Manager to insure the safety,protection,and well-being of the properties operated by the Department of Parks. SECTION 19-4 GENERAL PARK AND BEACH REGULATIONS (A) Amplification Systems and Noise in Parks and Beaches (1) Groups using amplification devices in public facilities shall first secure an amplification permit from the Director of Parks or designee. The Director shall promulgate such rules as are necessary to enforce this requirement. (2) The noise requirements of Section 17-42 shall apply to all parks and beaches. (B) Camping in City Parks No person shall camp in any City park in any vehicle which has accommodations for sleeping,or in any tent or sleeping bag in the open,or in any manner unless authorized to do so by waiver issued by the Common Council. (C) Curfew No person shall be in any park,including pavilions,shelters,and beaches within the City between the hours of 11:00 P.M. and 5:00 A.M. with the following exceptions: (1) The Fox River Riverwalk. (2) Those portions of the 24th Avenue Boat Launch,Menominee Park,Mill Street Boat Launch, Rainbow Memorial Park,Riverside Park,and William A.Steiger Park which are designated for boat launching,boat launch parking,boat tie-up or fishing purposes when used for those purposes. (3) Where permission is granted,in writing,by the Common Council for a group to conduct an activity or use specified facilities or buildings for an activity which extends beyond the regular closing hours. City of Oshkosh Chapter 19—Page 3 Municipal Codes City of Oshkosh Municipal Code Revised 7/15/21 (4) Police,fire, and any other person authorized by the City, in writing,to be in the park. (5) Any park or part thereof may be declared closed to the public by the Common Council or the Director of Parks at any time and for any interval of time,either temporary or at regular or stated intervals. It shall be unlawful for any person to enter or be present in any park or portion thereof which has been closed to the public. (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. (5) Domesticated animals shall not be allowed in City Park buildings,playground areas,picnic shelters,sport/athletic facilities,beaches,zoo,pool,splash pads,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. (E) Vehicles to Stay on Paved Roads and Parking Areas No person shall operate or park any trailer or motor driven vehicle(including without limitation electric scooters, electric personal assistive mobility devices, or motor bicycles) in any City park unless the operation is on paved established roadways and parking lots or unless authorized to do so by the Parks Director or their designee. This provision specifically prohibits the operation or parking of all trailers and motor driven vehicles on all grassy areas and all trails, whether paved or unpaved, including without limitation the Fox River Riverwalk. (F) Feeding of Geese and Gulls The feeding of geese and gulls, or other birds or animals in any City park is strictly prohibited. (G) Fires City of Oshkosh Chapter 19—Page 4 Municipal Codes City of Oshkosh Municipal Code Revised 7/15/21 Fires are permitted only in grills unless permission is granted to allow fires in other areas by the Parks Director and Fire Chief. (H) Glass Containers Glass beverage containers of any kind are prohibited in all parks unless authorized by the Common Council. (I) Litter It shall be unlawful for any person to leave,throw or break any bottle,box,refuse,or other object, except in clearly marked refuse receptacles provided for that purpose; or throw, discharge, or otherwise place or cause to be placed in the water of any fountain,pond,lake,stream,river,or other body of water or on the ice thereof,in or adjacent to any park,any substance,matter,or thing,liquid or solid,which will or may result in the pollution of said waters. (1) Where receptacles for rubbish and refuse are not provided,all waste shall be carried away from the park by the person or group responsible for it. (J) REPEALED (K) Moving of Park Equipment No person or group shall remove any bench,seat,table,or any other park equipment from any park or park facility unless prior approval of the Parks Director is obtained. (L) Regulated Activities No person shall engage in any athletic contest, game, or activity, except in areas specifically designated for such activity. Specifically,no one shall participate in golf,tennis,or archery in any City park,except upon golf links,tennis courts, or archery ranges,respectively. (M) Sales in Parks It shall be unlawful for any person,organization,group,or association to vend,sell,peddle,or offer for sale any foods, refreshments, commodities, or articles within any park, except by concession agreement or authorization by the Common Council for major operations,or by authorization of the Parks Director for minor operations. (N) Use of Park Facilities: Fees and Deposits (1) Rental Facilities. The schedule of rental facilities and respective fees as established by the Parks Department,and approved by the Common Council,on file in the office of the Parks Department, is hereby adopted by reference. (2) Reservation of Other Park Facilities. Other park facilities and park areas may be reserved on a first-come, first-serve basis upon making application to the Parks Director or his/her designee. City of Oshkosh Chapter 19—Page 5 Municipal Codes City of Oshkosh Municipal Code Revised 7/15/21 (3) Deposits. The Parks Director may require a cash deposit for any reserved park facilities.All or part of said deposit may be retained in the event the facility or area is not cleaned up; damages are incurred; or if facility keys are not returned. (0) REPEALED (Nov. 8,2011) (P) Workmen Use of any park area shall be relinquished to any employee carrying out his/her work assignment. (Q) City Fountains No person shall enter into, swim, bathe, or wade in any City of Oshkosh fountain or allow any privately owned animal to do so. Nor shall any person place, throw, or deposit in any City of Oshkosh fountain any substance or object,except coins. (R) The use of bikes,scooters,motorized vehicles,or other wheeled devices,except for skateboards or in- line skates, is prohibited at the Red Arrow Skate Park. (S) Fishing is prohibited in the following areas of the Fox River Riverwalk: (1) along the north side of the Riverwalk from Main Street to Jackson Street (2) along the south side of the Riverwalk from the Oregon Street Bridge east 425 feet (3) along the south side of the Riverwalk from the Oregon Street Bridge west 1,950 feet (T) No person shall fish or loiter on or in the Bowen Street Fishing Dock Park from ten o'clock(10:00) P.M.to five o'clock(5:00)A.M. The boundaries of the Bowen Street Fishing Dock Park shall include: 1)that part of the Bowen Street public right-of-way from the back of the curb at the most southerly point of the street and extending to the water;and,2)the dock structure extending into the water. SECTION 19-5 ZOO REGULATIONS (A) Zoo Business No person shall be allowed within the boundaries of the Menominee Park Zoo, except during official hours of operation. (B) Harassment of Animals No person shall engage in any conduct under circumstances which tends to harass,annoy,disturb, or endanger the health,welfare,safety,and living environment of the Menominee Park Zoo animals, including but not limited to: teasing;harassing;mocking;throwing objects;spitting;making loud and disturbing noises; feeding foods or drink; touching; or hitting with objects; or intentional molestation. (C) Feeding of Animals No person shall feed or give any substance to any Menominee Park Zoo animal, except for those City of Oshkosh Chapter 19—Page 6 Municipal Codes City of Oshkosh Municipal Code Revised 7/15/21 animals where feeding is specifically allowed by a sign located on or near the animals' cage or enclosure. (D) Food and Beverages Prohibited Visitors are prohibited from taking food or beverages into the Menominee Park Zoo,except for what is sold in the Zoo's Lakefly Cafe, or is authorized by Menominee Park Zoo staff. (E) Destruction of Plants Prohibited It shall be unlawful for any person to disturb or destroy any of the vegetation within the Menominee Park Zoo grounds for feeding the animals or any other purpose. (F) Barriers All persons visiting the Menominee Park Zoo shall adhere to and stay behind all barrier structures. 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 19-6 REGULATIONS IN COUNTY-OWNED PARKS (A) County Parks and Recreation Regulations Adopted. Except as otherwise specifically provided within this Section, the provisions of Chapter 19 of the Winnebago County General Code describing and defining regulations with respect to County- owned parks and section 9.14 Smoking in county buildings, as such applies to county buildings within the enforcement jurisdiction of the City of Oshkosh, are adopted and by reference made a part of this Code as if fully set forth within this Chapter. Any act required to be performed or prohibited by any provision incorporated by reference is required or prohibited by this Section. (B) Future Incorporations Included It is the intention of this ordinance to include within such reference all provisions in effect at the time of the adoption of this ordinance or future amendments,revisions or recodification effective upon adoption by the Winnebago County Board of Supervisors to provide uniform enforcement of County park rules and regulations in all Winnebago County-owned parks located within the City limits. (C) Permits,Reservations and Fees Permits and reservations required by the Winnebago County park regulations are to be secured from and all fees imposed by this Section are to be paid to the Director of County Parks or designee. (D) Enforcement and Penalties Any law enforcement officer may enforce this ordinance,pursuant to Sec.25.04(4)of the Winnebago County General Code,by following the procedures set forth in Chapter 1 of this municipal code. Penalties specified in this Chapter shall apply to violations of this ordinance. City of Oshkosh Chapter 19—Page 7 Municipal Codes City of Oshkosh Municipal Code Revised 7/15/21 SECTION 19-7 BOATING REGULATIONS (A) Public Boat Launchings City boat launches are located at the following City properties: 24th Avenue Boat Launch (24th Avenue and South Main Street),Fugleberg Boat Launch (Fugleberg Trail and South Main Street), Miller's Bay in Menominee Park(east of Hazel Street and north of Irving Avenue),Mill Street Boat Launch(Bayshore Drive and Mill Street),Rainbow Park(Oshkosh Avenue and Rainbow Drive),and Steiger Park (North Campbell Road). (B) Boating and Boat Launch Regulations 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. (C) Sailboat Storage Boats are to be stored, parked or tied down only in designated areas. Boats, trailers, or other appurtenant gear not located within the designated area are subject to removal. Owners of such equipment are responsible for repair costs to city property if damage results arising out of, or incurred in the process of storing,parking or securing sailboats. (D) Sailboat Moorings,Dinghy Docks,and Dry Dock Stalls. Only sailboats shall be eligible to participate in the Miller's Bay program, which consists of moorings, dinghy docks, and the dry dock program. Sailboats are assigned to a Miller's Bay mooring, dinghy dock, or dry dock stall and shall use only those spaces assigned, per the annual permit process. The maximum length of boats assigned to mooring plugs shall be 28 feet. Only small car-top boats and sailing dinghies may be kept on the dinghy docks. Small catamarans may be kept on the dinghy docks, if space is available. (E) Boat Hoists Hoists shall be allowed only in designated areas. All hoists are to be removed after the navigation season. No hoists are allowed on shore. (F) Application All sailboats participating in the City's mooring,dinghy dock,or dry dock program,referred to as the Miller's Bay Program, shall be registered annually with the Oshkosh Parks Department and appropriate permits issued. Application forms shall include all pertinent and required information as found in the Miller's Bay Boating Regulations. (1) The Common Council reserves the right to suspend any and all permits and the rights thereunder at any time. City of Oshkosh Chapter 19—Page 8 Municipal Codes City of Oshkosh Municipal Code Revised 7/15/21 (2) A separate fee may be established for use of any of the above facilities with rates established by the Department of Parks with approval of the Common Council. The receipts from such fees shall be placed in a separate account and used for the purpose of future boating improvements. (G) Transient Docking All docks and piers that are not used for boat launching may be used for transient boaters. Non- launching transient docks and piers are located at the 24th Avenue Boat Launch(24th Avenue and South Main Street), Miller's Bay in Menominee Park (east of Hazel Street and north of Irving Avenue),Rainbow Park(Oshkosh Avenue and Rainbow Drive),and along the Fox River Riverwalk. Persons using these docks and piers shall not be allowed to dock more than 48 consecutive hours. Persons using the docks along the north side of the Fox River Riverwalk from Main Street to Wisconsin Street shall not be allowed to dock more than 24 consecutive hours. (H) Fishing Prohibited No person shall fish from any of the City boat launch docks. (I) Parking Within Marked Double Stalls-William Steiger Park 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. (J) Boat Launch Parking-Menominee Park 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. (K) Parking Prohibited on Grass and Trails 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 or designee. (L) Parking Within Single and Double Length Stalls 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. City of Oshkosh Chapter 19—Page 9 Municipal Codes City of Oshkosh Municipal Code Revised 7/15/21 (M) Disabled Parking 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. SECTION 19-7.1 BOAT LAUNCH USER FEES (A) No person shall use any City owned or operated boat launch facility for launching purposes without an annual,multi-year or daily launching permit. The annual permit shall be valid from January 1 of the year of issuance to December 31 of the year of issuance. Multi-year permits shall be valid for three(3)years from January of the year of issuance. The daily permit shall only be valid during the day of purchase. Annual and Multi-year permits shall be sold through the Parks Department, Finance Department and/or other outlets as designated by the Director of Parks. Daily permits will be sold through"self'registration at each boat launch site. Boat launch sites include: 24th Avenue boat launch, Fugleberg boat launch, Menominee Park boat launches, Mill Street boat launch, Rainbow Park boat launch, and Steiger Park boat launch. (B) Boat launch user fees will be established by resolution. All annual stickers shall be prominently placed and displayed on the driver's side of the windshield near the dash. The daily launching permit shall be prominently displayed on the dash 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 50 registered boats are offered a$500/day flat fee at Menominee Park Boat Launch. 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. (2) Special Events/organizations utilizing the Menominee Park Boat Launch and/or parking lot during the navigation season for their event will be charged a$500/day flat fee. (C) (1) Vehicles with boat trailers or other vehicles used to transport craft launched at any City owned or operated boat launch facility shall have affixed an annual, multi-year or daily launching permit when parking in the following areas: a) 24th Avenue Boat Launch 1) all parking areas at the 24th Avenue boat launch City of Oshkosh Chapter 19—Page 10 Municipal Codes City of Oshkosh Municipal Code Revised 7/15/21 2) both sides of Doty Street from 23rd Avenue to the end of the cul-de-sac south of 24th Avenue b) Fugleberg Boat Launch 1) all parking areas at the Fugleberg boat launch 2) both sides of Fugleberg Trail from South Main Street to Doty Street 3) both sides of Doty Street from 21st Avenue to Brockway Avenue c) Mill Street Boat Launch 1) both sides of Mill Street from its termini at the Fox River to Ceape Avenue 2) both sides of Bay Shore Drive from Broad Street to Bowen Street d) Menominee Park 1) all parking areas within Menominee Park 2) both sides of Hazel Street from Merritt Ave. to New York Ave. e) Rainbow Park 1) all parking areas within,or adjacent to Rainbow Park,including Veterans Trail from the boat launch site to Punhoqua Avenue,and Rainbow Drive from Oshkosh Avenue to Punhoqua Avenue 2) all streets within the Rainbow Park neighborhood, from Oshkosh Avenue to Punhoqua Street to the Fox River, including both sides of Punhoqua Street from Oshkosh Avenue to the Lakeshore Park, Graham Avenue from Rainbow Drive to Punhoqua Street,and Catherine Avenue from Rainbow Drive to Punhoqua Street all parking areas within Rochlin Park, located south of Oshkosh Avenue f) William M. Steiger Park 1) the boat launch parking area is shared with Steiger Park and Senior Center users 2) boat launch parking will be allowed only in designated vehicle/trailer parking areas. 3) the Steiger Park parking lot 4) the Fox Valley Technical College parking area 5) the Senior Center Annex parking area (3) 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. 19-7.1(D)-(K) -Repealed and Recreated as new Section 19-7.2 Enforcement of Parking Restrictions within Parks and Boat Launches City of Oshkosh Chapter 19—Page 11 Municipal Codes City of Oshkosh Municipal Code Revised 7/15/21 SECTION 19-7.2 ENFORCEMENT OF PARKING RESTRICTIONS WITHIN PARKS AND BOAT LAUNCHES (A) Authorize "Traffic Officers" 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. (B) Responsibility of Owner 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. (C) Enforcement of Parking Restrictions 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: (1) The location of the vehicle parking in violation of the provisions of this chapter. (2) The license plate number, state of licensing, and make of the vehicle. (3) The time at which such vehicle is parking in violation of the provisions of this chapter. (4) Any other facts the traffic officer deem appropriate. (D) Basic Penalty for Violation The basic penalty for violation of this section shall be fifteen dollars ($15.00). (E) Payment of Violations;Time Limits;Failure to Pay Each owner or operator shall pay to the City as a penalty the basic penalty established for the violation as enumerated in section 19-7.21).Failure to make payment of the penalty,or to appeal or contest the ticket within ten(10) days of the issuance of the ticket, shall result in the issuance of a written notice of violation. With the issuance of the written notice of violation, a fifteen dollar ($15.00)administrative fee shall be assessed to the basic penalty amount.Failure to make payment of the basic penalty and administrative fees as assessed,or to contest the ticket within thirty(30)days of the issuance of the ticket,shall result in suspension of the vehicle registration and the assessment of an additional administrative fee of twenty dollars for a total administrative fee of thirty five dollars($35.00) added to the original basic penalty amount. The time within which payment shall be made in this section shall be computed by excluding the day of issuance of the parking ticket and including the last day of the specified time period. (F) Non-moving Violations Registration Program City of Oshkosh Chapter 19—Page 12 Municipal Codes City of Oshkosh Municipal Code Revised 7/15/21 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. (G) Procedure for Contesting Parking Tickets (1) Timing of Appeals. Administrative Appeals must be taken within 30 days of the date of issuance of the ticket. Appeals to the Circuit Court must be taken with 30 days of the date of issuance of the ticket, or within 10 days of an Administrative Appeal decision. (2) Administrative Appeals. The City of Oshkosh elects not to be bound by the provisions of Chapter 68 of the Wisconsin Statutes pertaining to appeals under this Article and has adopted a Policy for Appeals from Parking Tickets. Such Policy shall be kept on file in the offices of the Police Department and Parking Utility and shall be published upon the City Website. A person who has been issued a parking ticket for violation of this article may appeal such ticket by completing an appeal form and submitting such form according to the Policy. (3) Appeals to Circuit Court. In lieu of an Administrative Appeal, or after an Administrative Appeal has been denied, a person who has been issued a parking ticket for violation of this article 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. (4) Effect of Appeal/Payment Time Limits. a. If an owner or operator of a vehicle receiving a parking ticket makes an appeal of the ticket,either administratively or to the circuit court, such appeal shall have the effect of staying the time limits within which payment shall be made as specified in section 27-54 above. b. If upon appeal,the reviewing body determines the ticket is void,then all associated penalties and administrative charges shall also be voided and shall no longer be owed. (H) Use of Launch Fee Revenue 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 19-8 FACILITY CHARGE/LEACH AMPHITHEATER AT RIVERSIDE PARK (Effective January 1,2007.) City of Oshkosh Chapter 19—Page 13 Municipal Codes City of Oshkosh Municipal Code Revised 7/15/21 (A) For all events where the maximum ticket price is$5.00 or greater (only for profits),there shall be collected a facility charge of$1 per paid admission,on all paid admissions regardless of actual ticket price,that shall be payable to the city,net of sales tax. Any entity responsible for ticket sales shall remit to the City all revenues from this facility charge,no later than thirty(30)days after the event has occurred. (B) All proceeds shall be maintained in the segregated account already established at Oshkosh Area Community Foundation and shall be only used for: (i) nonroutine maintenance and repair of, (ii) for upgrading,enhancements or additions to, and (iii) for renovation or replacement of facilities(specially including restroom facilities,concession buildings, VIP areas, front of house structure and performance building) at the Leach Amphitheater at Riverside Park. (C) By its use of the Leach Amphitheater, any entity, which charges an admission fee subject to this Section, consents to the City's inspection of the entity's financial records to verify the accuracy of any payment under this Agreement. The entity shall produce such records for inspection at its offices during normal business hours, or as such other place as the City and the entity may then agree. The City retains the right to conduct an independent audit at its own cost. However,if audit indicates underpayment,the entity shall reimburse the City for both any underpayment and for the city's audit expenses within 30 days of invoicing by City. SECTION 19-9 PENALTIES (A) Except as provided below,any person who shall violate any of the provisions of this Chapter or of any Section thereof, shall upon conviction thereof,be punished by a forfeiture of not less than$75.00 nor more than$500.00,together with the costs of prosecution,and in default of payment thereof,by suspension of that person's operating privileges as provided by law or by imprisonment in the County Jail for a period not to exceed 30 days. Each violation shall constitute a separate offense. Each day of violation shall constitute a separate offense. (B) Except as provided below, any juvenile person who shall violate any provision of this Chapter or of any section thereof,shall upon conviction thereof,be punished by a forfeiture of not less than$50.00 nor more than$500.00,together with the costs of prosecution,and in default of payment thereof,by suspension of that person's operating privileges as provided by law or by imprisonment in the County Jail for a period not to exceed 30 days. Each violation shall constitute a separate offense. Each day of violation shall constitute a separate offense. (C) Any person who shall violate the provisions of Section 19-4(F)shall upon conviction thereof, City of Oshkosh Chapter 19—Page 14 Municipal Codes City of Oshkosh Municipal Code Revised 7/15/21 be punished by a forfeiture of not less than$35.00 nor more than$500.00,together with the costs of prosecution, and in default of payment thereof, by suspension of that person's operating privileges as provided by law. Each violation shall constitute a separate offense. Each day of violation shall constitute a separate offense. SECTION 19-10 SUSPENSION OF PARK PRIVILEGES (A) Separately from any penalties prescribed within this Chapter,Wisconsin State Statutes,or any other applicable rule or regulation, the Director of Parks, or his/her designee, may suspend the park privileges of any person found to be in violation of city ordinances,state statutes,or other applicable rules and regulations within city parks. The decision of the Director of Parks shall be final and the City elects not to be bound by the provisions of Chapter 68, Wisconsin Statutes, with respect to administrative procedure in this regard. City of Oshkosh Chapter 19—Page 15 Municipal Codes