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HomeMy WebLinkAboutChapter 08 - In General City of Oshkosh Municipal Code Revised 11/09/21 CHAPTER 8 IN GENERAL ARTICLE I. IN GENERAL 8-1 FRANCHISE ORDINANCES ARTICLE I-A. ROOM TAX 8-1.1 ROOM TAX AND PERMIT REGULATIONS 8-1.2 SHORT TERM RENTALS ARTICLE II. REGISTRATION OF ENTERTAINERS 8-2 REGULATION OF ESCORT SERVICES 8-3 RESERVED 8-4 RESERVED ARTICLE III. COMMERCIAL QUADRICYCLES 8-5 REGULATION OF COMMERCIAL QUADRICYCLES 8-6 RESERVED 8-7 RESERVED 8-8 RESERVED 8-9 RESERVED ARTICLE IV. MURALS 8-10 MURALS 8-11 THROUGH 8-38 RESERVED ARTICLE V. RESERVED 8-39 RESERVED 8-40 RESERVED 8-41 RESERVED 8-42 RESERVED ARTICLE VI. MOBILE VENDING 8-43 REGULATION OF MOBILE VENDORS 8-44 RESERVED City of Oshkosh Chapter 8—Page 1 Municipal Codes City of Oshkosh Municipal Code Revised 11/09/21 ARTICLE VII. DIRECT SELLERS AND SOLICITORS (FORMERLY PEDDLERS AND TRANSCIENT MERCHANTS) 8-45INTENT OF REGULATIONS 8-46 RESERVED 8-47 DEFINITIONS 8-48 RESERVED 8-49 RESERVED 8-50 REGULATIONS 8-51 RESERVED 8-52 RESERVED 8-53 RESERVED 8-54 RESERVED 8-55 SEVERANCE CLAUSE 8-56 RESERVED 8-57 RESERVED 8-58 RESERVED 8-59 RESERVED 8-60 RESERVED 8-61 RESERVED ARTICLE VIII. PAWNBROKERS AND SECONDHAND ARTICLE AND SECONDHAND JEWELRY DEALERS 8-62 STATE STATUTES ADOPTED 8-63 LICENSE REQUIRED 8-63.1 DEFINITIONS 8-64 PROPERTY TRANSACTION RECORDS 8-65 HOLDING PERIODS 8-66 MINORS 8-67 COINS, CURRENCY,AND BULLION 8-67.1 RIGHT TO INSPECT 8-68 PENALTIES ARTICLE IX. AMBULANCE AND MEDICAL TRANSPORT SERVICES 8-69 AMBULANCE AND MEDICAL TRANSPORT SERVICES 8-70 RESERVED 8-71 RESERVED 8-72 RESERVED 8-73 RESERVED 8-74 RESERVED City of Oshkosh Chapter 8—Page 2 Municipal Codes City of Oshkosh Municipal Code Revised 11/09/21 ARTICLE X. JUNK YARDS AND COLLECTORS DIVISION 1. JUNK YARDS 8-75 LICENSE REQUIRED 8-76 APPLICATION FOR LICENSE 8-77 LICENSE FEE;TERM 8-78 LOCATION RESTRICTED 8-79INSPECTION AND INVESTIGATION 8-80 REVOCATION OF LICENSE 8-81 SANITARY CONDITION REQUIRED 8-82 HEIGHT LIMIT ON JUNK PILES 8-83 RESTRICTION ON DISMANTLING DIVISION 2. JUNK COLLECTORS 8-84 LICENSE REQUIRED 8-85 GRANTING LICENSE;FEE 8-86 TRADE RESTRICTIONS 8-87 BUYING JUNK FROM UNLICENSED DEALER PROHIBITED ARTICLE XI. NON-ISSUANCE OF LICENSES AND PERMITS 8-88 NON-ISSUANCE OF CITY LICENSES AND PERMITS/DELINQUENT TAXES,ASSESSMENTS AND SPECIAL CHARGES 8-89 RESERVED 8-90 RESERVED 8-91 RESERVED 8-92 RESERVED ARTICLE XII. UTILITY PIPES,POWER LINES,AND POLES 8-93 PIPE AND CONDUIT REGULATIONS; SCOPE 8-94 LOCATION AND ALTERATION 8-95 APPROVAL OF MATERIAL, SIZE, ETC. 8-96 PLAN TO BE SUBMITTED 8-97 MANNER OF LAYING CONDUIT 8-98 CITY TO HAVE USE OF CONDUIT 8-99 INDEMNITY AGREEMENT 8-100 SAFE ERECTION OF WIRES 8-101 FRANCHISES 8-102 DECISIONS OF OFFICIALS 8-103 POWERS RESERVED 8-104 WIRES PROHIBITED ON CERTAIN STREETS 8-105 REMOVAL OF IMPROPERLY ERECTED WIRES City of Oshkosh Chapter 8—Page 3 Municipal Codes City of Oshkosh Municipal Code Revised 11/09/21 ARTICLE XIII. PENALTIES 8-106 PENALTIES City of Oshkosh Chapter 8—Page 4 Municipal Codes City of Oshkosh Municipal Code Revised 11/09/21 ARTICLE I. IN GENERAL SECTION 8-1 FRANCHISE ORDINANCES All franchise ordinances now in force in the City are hereby incorporated by reference and shall have the same force and effect as though fully set forth in this Code. ARTICLE I-A. ROOM TAX SECTION 8-1.1 ROOM TAX AND PERMIT REGULATIONS (A) Definitions. Except as otherwise specified,terms in this Article shall have the meaning as defined in Wisconsin Statutes Section 66.0615. (1) "Gross receipts" has the meaning as defined in Wisconsin Statutes, Section 77.51(11)(a)(b) and (c) insofar as applicable. (2) "Person" shall have the meaning as defined in Chapter 1 of this Municipal Code. (B) Room Tax Imposed and Distribution. Pursuant to Section 66.0615 of the Wisconsin Statutes,a tax is hereby imposed on the privilege and service of furnishing, at retail, of rooms or lodging to transients by hotelkeepers,motel operators, lodging marketplaces,owners of short-term rentals and other persons furnishing accommodations that are available to the public, irrespective of whether membership is required for the use of the accommodations. Such tax shall be at the rate of ten percent(10%) of the gross receipts from such retail furnishing of rooms or lodging. Such tax shall not be subject to the selective sales tax imposed by Section 77.52(2)of the Wisconsin Statutes.The proceeds of such tax shall be remitted monthly to the City Treasurer. (1) The treasurer shall distribute the room tax receipts on a monthly basis, as follows: a. 2% of the room tax shall, as authorized by Wisconsin Statute 66.0615, be used for long term debt obligations associated with the Oshkosh Convention Center. b. 2% of the room tax shall be used for the purpose of fulfilling the City's obligations towards operations and maintenance of the Oshkosh Convention Center,as well as other costs incurred by the City to support tourism in the City of Oshkosh. C. 6% of the room tax shall be paid to the Oshkosh Convention and Visitors Bureau, hereby designated as a tourism entity as that term is defined in section 66.0615 Wisconsin Statutes. (C) Room Tax Permit. Every person furnishing rooms or lodging under Subsection(B)shall file with the City Treasurer an application for a permit for each place of business. Every application for a permit shall be made upon a form prescribed by the City Treasurer and shall set forth the name under which the applicant intends to transact business, the location of the place of business, and such other information as the City Treasurer requires. The application shall be signed by the owner if a sole City of Oshkosh Chapter 8—Page 5 Municipal Codes City of Oshkosh Municipal Code Revised 11/09/21 proprietor and,if not a sole proprietor,by a person authorized to act on behalf of such applicant. At the time of making an application, the applicant shall pay such fee as may be established by the Council by Resolution. Upon submission of a completed application,and deposit of security if required under subsection H below by the applicant,the City Treasurer shall grant and issue to the applicant a separate permit for each place of business within the City. Such permit is not assignable and is valid only for the person in whose name it is issued and for the transaction of business at the place designated therein. It shall at all times be conspicuously displayed at the place for which issued. The permit shall remain valid so long as the permittee shall own and operate the permitted hotel, motel, short term rental or other lodging and only so long as permittee is in compliance with the provisions of this Article. Upon sale or other transfer of ownership of the premises or business such permit shall automatically expire. (D) Filing of Room Tax Returns. This Article shall be administered by the City Treasurer. The tax shall be payable monthly and shall be received by the City no later than the last business day of the month next succeeding the calendar month for which imposed. (1) Direct Filing. Except as provided below, a return shall be filed with the City Treasurer by persons furnishing at retail such rooms and lodging on or before the same date on which such tax is due and payable. Such return shall show the gross room receipts of the preceding calendar month from such retail furnishing of rooms or lodging,the amount of room taxes imposed for such period,and such other information as the City Treasurer deems necessary. The City Treasurer may,for good cause,extend the time of filing of any return,but in no event longer than one month from the scheduled filing date. (2) Filing through a Lodging Marketplace registered with the State of Wisconsin Department of Revenue. If a short term rental is rented through a lodging marketplace that is registered with the State Department of Revenue,the lodging marketplace may collect the room tax as provided in Section 66.0615(5)of the Wisconsin Statutes and pay the required room tax directly to the City. The owner of the short term rental shall submit a monthly return which shall indicate which rentals have been made and that room taxes have been collected through the registered lodging marketplace. Room taxes shall be submitted for any rentals where room tax is not collected and submitted through the lodging marketplace. Subject to the provisions of Section 66.0615 of the Wisconsin Statutes,Owner shall remain responsible for any room tax payments not submitted through the Lodging Marketplace. (E) Liability for Tax on Sale or Transfer of Business. If any person liable for any amount of tax under this section sells the business or stock of goods or quits the business,such person's successors or assigns shall withhold sufficient of the purchase price City of Oshkosh Chapter 8—Page 6 Municipal Codes City of Oshkosh Municipal Code Revised 11/09/21 to cover such amount until the former owner produces a receipt from the City Treasurer that it has been paid or a certificate stating that no amount is due. If a person subject to the tax imposed by this section fails to withhold such amount from the purchase price as required,that person shall become personally liable for payment of the amount required to be withheld to the extent of the price of the accommodations valued in money. (F) Records and Audits. Every person liable for the tax imposed by this section shall keep or cause to be kept such records, receipts, invoices and other pertinent papers in such form as the City Treasurer requires. Subject to the provisions of Section 66.0615 of the Wisconsin Statutes, the City Treasurer may,by office or field audit,determine the tax required to be paid to the City or the refund due to any person under this section. This determination may be made upon the basis of the facts contained in the return being audited or on the basis of any other information within the City Treasurer's possession. The City Treasurer is authorized to examine and inspect the books, records, memoranda, and property of any person in order to verify the tax liability of that person or another person. The permit of any person who is subject to the tax imposed by this section who fails or refuses to permit the inspection of his records by the City Treasurer after such inspection has been duly requested by the City Treasurer may be revoked as provided under paragraph (G)(6)below. (G) Remedies and Penalties for Failure to Obtain Required Permits,for Delinquent Filing or Failure to File Returns. Subject to the provisions of Section 66.0615 of the Wisconsin Statutes,the following Remedies and Penalties shall apply to violations of this Article: (1) Failure to Obtain Permit. Any person in violation of the terms of this section by failing to obtain and/or maintain a permit, when such permit is required, shall be subject to a penalty of seventy-five dollars ($75.00)plus the costs of prosecution per day for each violation.Each room or unit separately rented or offered for rent,and each day of such rental or offer for rental of such unit,shall be a separate violation. In addition, the City may obtain an appropriate order for injunctive relief to discontinue violation of this section. (2) Delinquent Tax Returns. Delinquent tax returns shall be assessed a$10.00 late filing fee. Upon filing of a delinquent return,the entire tax finally determined shall be subject to a penalty of 25 percent of the tax, exclusive of any interest or other penalties; or$5000 whichever is less. The City Treasurer shall determine the amount required to be paid and shall notify the person submitting the return,together with the permit holder if that is a different person,of the assessment of the penalty. (3) Failure to File Return,Failure to Pay Tax Due. If any person fails to file a return as required by this section,fails to pay the tax due upon the City of Oshkosh Chapter 8—Page 7 Municipal Codes City of Oshkosh Municipal Code Revised 11/09/21 return or files an incomplete,incorrect or fraudulent return,the City Treasurer shall make an estimate of the amount of the gross receipts. Such estimate shall be based upon any information which is in the City Treasurer's possession or may come into his/her possession. On the basis of this estimate,the City Treasurer shall compute and determine the amount required to be paid to the City, adding to the sum arrived at a penalty equal to 25 percent thereof or$5000 whichever is less. (4) Penalties—When Due. Any Penalty assessed by the City Treasurer under this section shall be due in full within 30 days from the date of the notice and invoice of the penalty amount. (5) Interest. All unpaid taxes or assessments under this section shall bear interest at the rate of 1 percent per month from the due date of the return until the first day of the month following the month in which the tax is paid or deposited with the City Treasurer. An extension of time within which to file a return shall not operate to extend the due date of the return for purposes of interest computation. No interest shall accrue on any over-payment of the tax due. Penalties shall bear interest at the rate of 1 percent per month from the due date of the penalty until paid. (6) Suspension or Revocation of Permit. The City elects not to be strictly bound by Chapter 68,Wisconsin Statutes,with respect to administrative procedure in regard to revocation or suspension proceedings under this Article. When any person fails to comply with this section, the City Treasurer may,upon 10 days notification and after affording such person the opportunity to show cause why their permit should not be revoked,revoke or suspend any or all of the permits held by such person.The City Treasurer shall give to such person a written determination regarding the suspension or revocation of any permits. The permit holder or their authorized representative may request a review of such decision by filing a request for review with City Treasurer within ten(10)calendar days of mailing of the original determination of the City Treasurer. The request shall state the basis for the request and additional information may be presented at that time. The City Treasurer shall schedule a hearing for requests for review and within 20 days of the date of hearing shall make a determination in writing which shall be mailed to the permit holder and their authorized representative,if applicable. Such determination shall be a final determination subject to judicial review as provided in Section 68.13 of the Wisconsin Statutes. The City Treasurer shall not issue a new permit after the revocation of a permit unless he/she is satisfied that the holder of the permit will comply with the provisions of this section. The fee for renewal or issuance of a permit which has been previously suspended or revoked shall be the same as for a new permit and shall be established by resolution of the Council. (H) Security may be Required. City of Oshkosh Chapter 8—Page 8 Municipal Codes City of Oshkosh Municipal Code Revised 11/09/21 In order to protect the revenue of the City,the City Treasurer may require any person liable for the tax imposed by this section to place with the City,before or after a permit is issued,such security, not in excess of$5,000 as the City Treasurer determines. If any taxpayer fails or refuses to place such security,the City Treasurer may refuse to issue or may revoke any permit issued under this section. If any taxpayer is delinquent in the payment of the taxes imposed by this section,the City Treasurer may,upon 10 days notice,recover the taxes,interest and penalties from the security placed with the City Treasurer by such taxpayer. No interest shall be paid or allowed by the City to any person for the deposit of such security. (I) Confidentiality. All tax returns,schedules,exhibits,writings or audit reports relating to such returns,on file with the City Treasurer,are deemed to be confidential,except the City Treasurer may divulge their contents to the following, and no others: (1) The person who filed the return. (2) Officers, agents, or employees of the Federal Internal Revenue Service or the State Department of Revenue. (3) Officers,employees,or agents of the City of Oshkosh as may be necessary to administer this Article and/or to enforce collection. Statistics and other information may be disclosed or published provided that the information does not disclose the identity of particular individuals or businesses. No person having an administrative duty under this section shall make known in any manner the business affairs,operations or information obtained by an investigation of records of any person on whom a tax is imposed by this section, or the amount or source of income, profits, losses, expenditures,or any particular thereof set forth or disclosed in any return,or to permit any return or copy thereof to be seen or examined by any person, except as provided in this sub-section. Any person who shall violate the provisions of this subsections shall be subject to a forfeiture not to exceed$200. (J) Separability and Conflict If any section, subsection, paragraph, sub-paragraph, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate,distinct and independent provision and such holding shall not affect the validity of the remaining portions of this ordinance. All ordinances or parts of ordinances which are inconsistent or contrary to this ordinance are repealed. SECTION 8-1.2 SHORT TERM RENTALS (A) Purpose. The purpose of this Article is to ensure that the quality of short-term rentals operating within the City is adequate for protecting public health, safety and general welfare, including establishing minimum standards of space for human occupancy and for an adequate level of maintenance; City of Oshkosh Chapter 8—Page 9 Municipal Codes City of Oshkosh Municipal Code Revised 11/09/21 determining the responsibilities of owners, operators and property managers offering these properties for tourists or transient occupants, to protect the character and stability of all areas, especially residential areas,within the City of Oshkosh;to provide minimum standards necessary for the health and safety of persons occupying or using buildings, structures or premises; and provisions for the administration and enforcement thereof. (B) Definitions. (1) For the purpose of administering and enforcing this Article,the terms or words used herein shall be interpreted as follows: (a) Words used in the present tense include the future. (b) Words in the singular number include the plural number. (c) Words in the plural number include the singular number. (2) The following definitions and conditions apply unless specifically modified: Department of Community Development. The City Department of Community Development of the City of Oshkosh or designee. Corporate Entity: A corporation, partnership, limited liability company, or sole proprietorship licensed to conduct business in this state. Dwelling Unit: One (1) or more rooms with provisions for living, cooking, sanitary, and sleeping facilities and a bathroom arranged for exclusive use by one (1) person or one (1)family.Dwelling Units include residential,tourist rooming house,seasonal employee housing and dormitory units. License. The Short-Term Rental License issued under 8-1.2 Owner. The owner of a short-term rental. Person. Shall include a corporation,firm,partnership,association,organization and any other group acting as a unit as well as individuals, including a personal representative, receiver or other representative appointed according to law.Whenever the word person is used in any section of this Article prescribing a penalty or fine, as to partnerships or associations,the word shall include the partners or members hereof, and as to corporations, shall include the officers, agents or members thereof who are responsible for any violation of such section. Resident Agent.Any person appointed by the owner of a short-term rental to act as agent on behalf of the owner. Short Term Rental.A residential dwelling unit that is offered for rent for a fee and for fewer than 29 consecutive days, as defined in Wis. Stat. Sec. 66.0615 (1)(dk). State. The State of Wisconsin Department of Health, or its designee. (C) Operation of Short-Term Rentals. (1) No person may maintain, manage, or operate a short-term rental more than 16 nights each year without a short-term rental license. Every short-term rental shall be operated by a Property Owner or a Resident Agent (2) Each short-term rental is required to have the following licenses and permits: (a) A Winnebago County Tourist Rooming House License or Winnebago County Bed and Breakfast License; (b) A Seller's Permit, if required by the Wisconsin Department of Revenue; (c) A Room Tax Permit; and City of Oshkosh Chapter 8—Page 10 Municipal Codes City of Oshkosh Municipal Code Revised 11/09/21 (d) A permit or license issued pursuant to the provisions of this Article. (3) Each short-term rental shall comply with all of the following: (a) The total number of days within any consecutive 365-day period that the dwelling may be rented shall not exceed 180 days. (b) No vehicular traffic shall be generated that is greater than normally expected in the residential neighborhood. (c) There shall not be excessive noise,fumes, glare,vibrations generated during the use. (d) Name plates or other signage shall not exceed zoning code allowances for Building Management Identification Sign. No other signage advertising the short-term rental is permitted on site. Off-site advertising in media channels relating to the availability of the rental may take place only after all City,County and State permits and licenses have been obtained. (e) The number of occupants in any unit shall not exceed the limits set forth in the State of Wisconsin Uniform Dwelling Code and other applicable county and City housing regulations based upon the number of bedrooms in each unit. (f) No recreational vehicles (RVs), camper,tent, or other temporary lodging arrangement shall be permitted on site as a means of providing additional accommodations for paying guests or other invitees. (g) Any outdoor event held at the short-term rental shall last no longer than one day occurring between the hours of 8:00 a.m. and 10:00 p.m. Any activities shall be in compliance with other noise regulations of the City. (h) All rentals of the short-term rental shall be subject to payment of the City of Oshkosh room tax at the current applicable rate.Permit holders are responsible for complying the City's Room Tax and Permit Regulations. (i) Compliance with all state, county, and local regulations is required. (j) A short-term rental license will not be issued until the following contingencies have been met: (1) County health department inspection completed and license issued; (k) Short-term rental licenses are issued for one year period and must be renewed annually subject to City approval or denial. (D) Short-Term Rental License. (1) The Department of Community Development shall issue a short-term rental license to all applicants following the approval of an application and the filing of all documents and records required under this Article. The application shall also contain the following information: (a) Identify the Property Owner; (b) Identify the Resident Agent with contact information; (c) The maximum occupancy for the premises; (d) The license term; (e) State lodging license number, if any; and City of Oshkosh Chapter 8—Page 11 Municipal Codes City of Oshkosh Municipal Code Revised 11/09/21 (f) Contact information for the City. (2) The resident agent must be authorized to allow City employees,officers and their designees,to enter the owner's property for purposes of inspection and enforcement of this Article and the Municipal Code. (E) Short-Term Rental License Procedure. (1) All applications for a short-term rental license shall be filed with the Department of Community Development on forms provided. Applications must be filed by the property owner or on the owner's behalf by the Resident Agent.No permit shall be issued unless the completed application form is accompanied by payment of the required fee. (2) Each application shall include the following information and documentation for each short-term rental unit: (a) Winnebago County License for a Tourist Rooming House License or Bed and Breakfast License issued under Wis. Stat. Sec. 254.64; (b) A copy of a completed State Lodging Establishment Inspection form dated within (c) one (1) year of the date of issuance or renewal; (d) A Seller's Permit, if required by the Wisconsin Department of Revenue; (e) Designation of the Resident Agent (if applicable); (f) Certification from the owner or licensee that the property meets the requirements of this Article; (3) Terms and Filing date.Each permit and license shall run during a calendar year. The filing fee shall be paid upon filing of the application. The Department of Community Development may conditionally accept late applications, subject to payment of the late filing fee. Any application which does not include all of the information and documentation shall not be considered as complete. (4) Application Review Procedure.When satisfied that the application is complete,the Department of Community Development shall forward initial applications for permits and licenses to the appropriate City Departments for review. If the Department of Community Development in consultation with City staff determines that the application meets the requirements of this Article, they may approve the application.If the Department of Community Development in consultation with City staff determines that the application does not meet the requirements of this Article,they may deny the application. (F) Renewal. (1) Each application for a renewal of a permit or license shall include updated information for the documentation on file with the Department of Community Development and payment of the applicable fee. The Department of Community Development shall verify that the information provided on the renewal application is complete and in accordance with the requirements of this Article.The Department of Community Development shall request reports from the City of Oshkosh Police regarding any complaints received,calls for service or actions taken regarding the short-term City of Oshkosh Chapter 8—Page 12 Municipal Codes City of Oshkosh Municipal Code Revised 11/09/21 rental properties.The Department of Community Development shall issue renewal licenses within thirty (30) days of the filing of the application unless the information provided is incomplete or otherwise not in compliance with the requirements of this Article and/or the reports from the Police Department and the Zoning Administrator indicate that there are complaints or actions involving the property. (2) If the Department of Community Development finds that the license or permit should not be renewed,the Department of Community Development shall deny the renewal. (3) No permit or license shall be renewed if the applicant or property has outstanding fees, taxes or forfeitures owed to the City,or is under an order issued by the Building Inspector,or his designee,to bring the premises into compliance with City ordinances,unless arrangements for payment have been approved by the Department of Community Development. (G) Resident Agent. (1)All short-term rentals are required to appoint a Resident Agent for the receipt of service of notice of violation of this Article's provisions and for service of process pursuant to this Article. Such a designation shall be made by the owner and shall accompany each application form.Said applicant shall immediately notify the Department of Community Development of any change in residence or information regarding the Resident Agent. (2)To qualify as a Resident Agent the person must meet the following requirements: (a) The applicant is authorized by owner to accept service of process for all City communications, citations and orders. (3) Each Resident Agent shall be authorized by the property owner to act as the agent for the owner for the receipt of service of notice of violation of this Article's provisions and for service of process pursuant to this Article and shall be authorized by the owner to allow City employees,officers and their designees, to enter the owner's property for purposes of inspection and enforcement of this Article and/or the City Municipal Code. (H) Standards for Short-term Rentals. (1) Each short-term rental shall comply with this Article's requirements or any other applicable City ordinance. Each short-term rental shall comply with the following minimum requirements: (a) Not less than one (1)bathroom for every six (6) occupants; (b) Not less one hundred fifty (150) square feet of floor space for the first occupant thereof and at least an additional one hundred(100) square feet of floor space for every additional occupant thereof; the floor space shall be calculated on the basis of total habitable room area. Floor space is determined using interior measurements of each room. Floor space does not include kitchens,bathrooms, closets, garages, or rooms not meeting Uniform Dwelling Code requirements for occupancy.The maximum occupancy for any premises without a separate enclosed bedroom is two (2) people; (c) Not less than one (1) onsite off-street parking spaces for every four (4) occupants based upon maximum occupancy; City of Oshkosh Chapter 8—Page 13 Municipal Codes City of Oshkosh Municipal Code Revised 11/09/21 (d) A safe,unobstructed means of egress leading to safe, open space at ground level; (e) Shall have functional smoke detectors and carbon monoxide detectors in accordance with the requirements of Chapter SPS 362 of the Wisconsin Administrative Code; (f) Shall not have an accessible wood burning fireplace unless the property owner provides a certificate from a certified HVAC/Fireplace Installer or technician,dated not more than thirty(30)days prior to submission,certifying that the fireplace and chimney have been inspected and are in compliance with National Fire Prevention Association Fire Code Chapter 211 Standard for Chimneys,Fireplaces,Vents,and Solid Fuel-Burning Appliances; (g) Shall not have a hibachi,gas-fired grill,charcoal grill,or other similar devices used for cooking, heating, or any other purpose on any balcony, deck or under any overhanging structure or within ten(10) feet of any structure; (h) Certification of compliance.As a condition of issuance of a license under this Article, the Owner/Resident Agent shall certify that property is in compliance with the terms and conditions of the license and this Article. (I) Room Tax. (1) Each short-term rental shall comply with the room tax reporting requirements of the City Municipal Code Chapter 8-1.1 (2) All tax returns and supporting documentation filed with the Department of Community Development are confidential and subject to the protections provided under City Municipal Code 8- 1.1and Wis. Stat. Sec. 66.0615 (3) and Wis. Stat. Sec. 77.61. (J) Display of Permit. Each license or permit shall be displayed on the inside of the main entrance door of each short- term rental. (K) Appeal and License Revocation. (1) The denial of any license or permit application or renewal under this Article may be appealed by filing a written appeal request with the Department of Community Development within ten(10) days of the City's notice of denial. The appeal shall be heard by the Board of Appeals. (2) A license may be revoked for one or more of the following reasons: (a) For non-payment of taxes or other charges as provided under Section 8-88 of this code; (b) Failure to comply with the City of Oshkosh Room Tax and Permit Ordinance; (c) Three (3) or more calls for police service, building inspection or the health department for nuisance activities or other law violations in a twelve(12)month period as defined in Sec. 17-38.1, Chronic Nuisance Premises; (d) Failure to obtain all necessary county and state permits and licenses within twelve (12) months of obtaining the City license; (e) Failure to maintain all required local, county, and state licensing requirements; (f) Failure to use the property as a short-term rental within twelve (12) months of obtaining the City license; City of Oshkosh Chapter 8—Page 14 Municipal Codes City of Oshkosh Municipal Code Revised 11/09/21 (g) Any violation of local, county, or state laws that substantially harm or adversely impact the predominantly residential uses and nature of the surrounding neighborhood. (L) Penalties. (1) Any person who shall violate any provision of this Article shall be subject to a penalty as provided in Chapter 8-1.06 (2) Penalties set forth in this section shall be in addition to all other remedies of injunction,abatement or costs whether existing under this Article or otherwise. (M) Fees. Fees for licenses required by this Article are due and payable before issuance of a new license and renewal license annually before January 1 of each year. All frees for these services will be listed on the Planning Services Division fee schedule and will be established by resolution. ARTICLE II. REGISTRATION OF ENTERTAINERS SECTION 8-2 REGULATION OF ESCORT SERVICES (A) DEFINITIONS. For the purposes of this Section,certain terms shall have the meanings ascribed to them in this section,unless the context clearly indicates otherwise. (1) "Escort"means any person who,for a fee commission,salary,hire,profit,payment or other monetary or other valuable considerations, accompanies or offers to accompany another person to or about social affairs,entertainments or places of amusement,or who may consort with another person about any place of public resort or within any private quarters. (2) "Escort service" means service provided by any person who,for a fee commission, salary, hire,profit,payment or other monetary or other valuable considerations,furnishes or offers to furnish names of escorts who may accompany or offers to accompany other persons to or about social affairs,entertainments or places of amusement,or who may consort with others about any place of public resort or within any private quarters. (3) "Person" means any individual and includes and applies to associations, clubs, societies, firms, partnerships, corporations or other business ventures, and bodies politic and corporate. (B) LICENSE/REGISTRATION REQUIRED. (1) No escort service shall operate or be maintained in the City without first obtaining from the Common Council a license to operate issued as provided in this Section. A license may be issued only for one escort service located at a fixed and certain place,and must be displayed at all times in a space fully visible to those on the subject premises.Any person,including partnership or corporation,which desires to operate more than one escort City of Oshkosh Chapter 8—Page 15 Municipal Codes City of Oshkosh Municipal Code Revised 11/09/21 service must have a license for each service. (i) The location to be licensed under this Section shall comply with all applicable building and zoning code provisions of this Code. (ii) No person,partnership,corporation or other entity shall own,operate,manage,rent, lease, occupy,or exercise control of any building,structure,premises,or portion or part thereof,for which a license is required by this Section,if otherwise allowed,that is located closer than 500 feet from the nearest lot line,that is the legal boundaries of a parcel of property, of a similar establishment, or, if so licensed, of another Class "B"/"Class B"establishment,or any facility governed by Sections 15-19 or 18-9 of this municipal code, or any school (whether pre-school, elementary, middle or high school, whether public or private), or any residentially zoned property, library, church or chapel,park or playground, or licensed day-care facility. (a) No license or interest in a license may be transferred to any person,including partnership or corporation. (2) All operators or any person working for any escort service and any independent contractors shall, prior to beginning employment or contracted duties, register and obtain a photo identification card from the City Clerk as provided in this Section. Such card shall be carried on the person at all times and shall be kept available for production upon request;failure to comply with this requirement shall be deemed a violation of this Section. (C) APPLICATION. Any person desiring to secure a license or photo identification card under this Section shall make application to the City Clerk,accompanied by a receipt from the City showing payment of the appropriate fee. (1) The application shall be on a form approved by the City Clerk. An applicant (which shall include each partner and limited partner of a partnership applicant,each officer and director of a corporate applicant, each stockholder holding 10% or more of the stock or beneficial ownership and every other person who is interested directly in the ownership or operation of the business) shall furnish the following information: (a) Name and address, including all aliases; (b) a picture identification card establishing that the individual(s)is(are)at least eighteen (18) years of age; (c) All residential addresses for the applicant(s) for the past ten(10) years; (d) The business, occupation or employment of the applicant(s) for ten (10) years immediately preceding the date or application, (e) Whether the applicant(s) previously operated in this or any other state, county or municipality under an escort service license or similar business license,or registration system;whether the applicant has ever had such a license or photo identification card revoked or suspended, the reason therefor and the business entity or trade name under which the applicant operated that was subject to the suspension or revocation; (f) All criminal violations, whether federal or state, or municipal ordinance violation convictions, forfeiture of bond and pleadings of no contest on all charges, except City of Oshkosh Chapter 8—Page 16 Municipal Codes City of Oshkosh Municipal Code Revised 11/09/21 minor traffic violations; (g) Fingerprint registration with the Police Department and photograph on file with the Oshkosh Police Department; (h) The address of the escort service to be operated by the applicant,or the address of the escort service for which the individual will be an escort; (i) If the applicant is a corporation, the application shall specify the name of the corporation, the date and state of incorporation, the name and address of the registered agent and all officers and directors of the corporation. (D) STANDARDS FOR ISSUANCE. To receive a license to operate an escort service, or to receive an identification card, an applicant must meet the following standards: (A) If the applicant is an individual: (a) The applicant shall be at least eighteen(18) years of age; (b) Subject to Chapter 111, of the Wisconsin Statutes, the applicant shall not have been convicted of or pleaded no contest,to a violation as outlined in Subsection(G)(1)(c)of this Section,in any jurisdiction within five(5)years immediately preceding the date of the application; (c) The applicant shall not have been found to have previously violated this ordinance within five (5) years immediately preceding the date of the application. (B) If the applicant is a corporation: (a) All officers,directors and others required to be named under this Section shall be at least eighteen(18) years of age; (b) Subject to Chapter 111,of the Wisconsin Statutes,no officer,director or other person to be named under this Section shall have been convicted of or pleaded no contest,to a violation as outlined in Subsection (G)(1)(c) of this Section, in any jurisdiction within five (5) years immediately preceding the date of the application; (c) No officer,director or other person required to be named under this Section shall not have been found to have previously violated this ordinance within five (5) years immediately preceding the date of the application. (C) If the applicant is a partnership,joint partnership, or any other type of organization where two or more persons have a financial interest: (a) Each person having a financial interest in the partnership,joint partnership or other type of organization shall be at least eighteen(18) years of age; (b) Subject to Chapter 111,of the Wisconsin Statutes,no person having a financial interest in the partnership, joint partnership or other type of organization shall have been convicted of or pleaded no contest,to a violation as outlined in Subsection(G)(1)(c)of City of Oshkosh Chapter 8—Page 17 Municipal Codes City of Oshkosh Municipal Code Revised 11/09/21 this Section,in any jurisdiction within five(5)years immediately preceding the date of the application; (c) No person having a financial interest in the partnership,joint partnership or other type of organization shall have been found to have previously violated this ordinance within five (5) years immediately preceding the date of the application. (D) No license or photo identification card, or any renewal thereof, shall be issued unless the Police Department has investigated the applicant's qualifications to be licensed or registered, which shall be completed within five (5)business days of referral to the Department. (E) TERM; RENEWAL. Every license or identification card issued pursuant to this Section will terminate on December 31st following its issuance,unless sooner revoked, and must be renewed before operation is allowed or escort services provided in the following year. Application for renewal shall be on a form provided by the City Clerk, shall contain the information required in subsection(C)of this Section,and shall be accompanied by a receipt from the City showing payment of the appropriate fee. Subsections (D) and (G) shall apply to all renewals. (F) DENIAL OR NONRENEWAL OF APPLICATION OR REGISTRATION (1) Whenever an initial application or a renewal thereof is denied,the City Clerk shall notify the applicant in writing of the reasons for the decision and shall notify the applicant of any appeal rights. Within five (5)business days of said decision,such notice shall be mailed by first class mail to the address listed on the application and service shall be deemed complete upon mailing. (2) Within ten(10)business days of service of such notice,the applicant shall file with the City Clerk a written appeal of the denial,containing the reasons for such appeal. The Clerk shall then schedule a time at the Common Council's next regular meeting, following the conclusion of the Council's regular agenda, at which time the applicant can present the appeal in person,subject to questioning as may be appropriate. Within five(5)business days of receipt of such appeal,the Clerk shall notify the applicant in writing of the date,time and place when the applicant's appeal shall be heard. Such notice shall be mailed by first class mail to the address listed on the application and service shall be deemed complete upon mailing. (3) The Council shall hear and decide all appeals under this Section by majority vote of the membership of the Council. The Clerk shall notify the applicant of the decision. Within five (5) business days of said decision, such notice shall be mailed by first class mail to the address listed on the application and service shall be deemed complete upon mailing. (4) Any party to an appeal,as outlined in this subsection,may seek review thereof by certiorari to be filed in a court of competent jurisdiction within ten (10) business days of the date of service of the Council's decision. Based only on the record of proceedings before the Council, the court may affirm or reverse the final determination,or remand to the Council for further proceedings consistent with the court's decision. The court may also order costs to the prevailing party as is appropriate. City of Oshkosh Chapter 8—Page 18 Municipal Codes City of Oshkosh Municipal Code Revised 11/09/21 (a) If review is sought,the record of proceedings shall be transcribed at the expense of the person seeking review. A transcript shall be supplied to anyone requesting the same at the requester's expense. By stipulation, the court may order a synopsis of the proceedings in lieu of transcript. The court may otherwise limit the requirement for a transcript. (G) SUSPENSION OR REVOCATION OF LICENSE OR CARD. Any license or photo identification card issued under this Section may be suspended for not less than ten(10)nor more than ninety(90)days, or revoked. To the extent practicable,Section 125.12(2),of the Wisconsin Statutes,shall govern the proceedings for suspension or revocation, and judicial review thereof. (1) Grounds for suspension or revocation,non-issuance or non-renewal shall include: (a) Any violation of this Section; (b) The person does not possess the qualifications required under this Section to hold the license or photo identification card; (c) The person has been convicted of violations of alcohol beverage regulations as defined in Chapter 125 of the Wisconsin Statues and Chapter 4 of this Code,of crimes against life and bodily security as defined in Chapter 940 of the Wisconsin Statutes,of crimes against public health and safety as defined by Chapter 941 of the Wisconsin Statutes, of crimes against property as defined by Chapter 943 of the Wisconsin Statutes, of crimes against sexual morality as defined by Chapter 944 of the Wisconsin Statutes,of crimes of interference with law enforcement as defined by Sections 946.31 through 946.50,inclusive,of the Wisconsin Statutes,of crimes against public peace,order and other interest as defined by Chapter 947 of the Wisconsin Statutes,of crimes against children as defined in Chapter 948 of the Wisconsin Statutes, of violations of the uniform controlled substances act as defined by Chapter 961 of the Wisconsin Statutes, or comparable municipal ordinance, in any jurisdiction; or the person knowingly allows another person,who is either on the premises for which the license under this Section is issued or is the recipient of an escort service, to commit a violation of the offenses outlined in this paragraph. (d) Any act or omission of any employee or independent contractor constituting a violation of the provisions of this ordinance shall be deemed the act or omission of the operator for purposes of determining whether the operator's license shall be revoked, suspended or non-renewed. (H) RESPONSIBILITIES OF THE OPERATOR (1) The operator of an escort service shall maintain a register of all employees,or independent contractors,showing the names and aliases used by said individuals,together with the home address,birth date,sex,telephone numbers,Social Security Number and date of employment or service and termination. The foregoing information on each shall be maintained in the register on the premises for a period of three (3) years following termination. (2) The operator of an escort service shall make the register available immediately for inspection by police upon demand at all reasonable times. City of Oshkosh Chapter 8—Page 19 Municipal Codes City of Oshkosh Municipal Code Revised 11/09/21 (3) Every act or omission by an employee or independent co-contractor constituting a violation of the provisions of this ordinance shall be deemed the act or omission of the operator if such act or omission occurs either with the authorization,knowledge or approval of the operator, or as a result of the operator's negligent failure to supervise the employee's conduct. The operator shall be punishable for such act or omission in the same manner as if the operator committed the act or caused the omission. (I) FEES. The application fee for a license,or any renewal thereof,shall be$500. The application fee for a photo identification card,or any renewal thereof,shall be$100. There is no proration of fees for any license or card issued for less than a one-year period,nor shall there be any prorated refund for license or card that is suspended or revoked. If the application for the initial license or card,or any renewal thereof, is denied,the fee, less any administrative costs, shall be refunded. (J) EXEMPTIONS. This Section does not apply to businesses, agencies and persons licensed by the State of Wisconsin or the City of Oshkosh pursuant to a specific statute or ordinance,and employees employed by a business so licensed and which performs as an escort or an escort service function as a service merely incidental to the primary function of such profession,employment or business and which do not hold themselves out to the public as an escort or an escort service. (K) PENALTIES. Any person, partnership, corporation or other entity, who violates any of the provisions of this Section shall,upon conviction thereof,be punished by a forfeiture of not less than $250 nor more than$1000,together with the costs of prosecution,and in default of payment thereof by imprisonment in the County Jail for a period not to exceed sixty(60)days. In addition,a person convicting of violating this provisions of this Section shall be subject to suspension or revocation by a court of record of his/her operating privileges as provided within Chapter 343 of the Wisconsin Statutes. Each day of violation shall constitute a separate offense. SECTION 8-3 RESERVED SECTION 8-4 RESERVED ARTICLE III. COMMERCIAL QUADRICYCLES SECTION 8-5 REGULATION OF COMMERCIAL QUADRICYCLES (A) Definitions. The following words,when used in this section, shall have the following meanings: (1) "Applicant"means the owner of a Commercial Quadricycle seeking to obtain a Commerical Quadricycle License. (2) "Commercial Quadricycle" has the meaning given in section 340.01 of the Wisconsin Statutes. City of Oshkosh Chapter 8—Page 20 Municipal Codes City of Oshkosh Municipal Code Revised 11/09/21 (3) "Driver" means a person who is at least 18 years of age,holds a valid driver's license,and who is responsible for steering and all other operations and functions of a Commercial Quadricycle. "Driver" does not mean those passengers who are pedaling or have the opportunity to pedal. (4) "Fermented Malt Beverages" has the meaning given in section 125.02 of the Wisconsin Statutes. (5) "License" means a Commercial Quadricycle license issued in accordance with the provisions of this section. (6) "Licensee" means an Applicant who has obtained a Commercial Quadricycle License. (B) Commercial Quadricycle License (1) No Commercial Quadricycle shall be operated within the City of Oshkosh without a License issued by the Common Council as provided for in this section. (2) Licenses are issued on a calendar year basis and expire on December 31sr of each year. There shall be no pro rata or other reductions for applications made, or for the termination of operations, during the calendar year. (3) Licenses are not transferrable. (C) License Application (1) Applicants for a License shall submit an application on a form provided by the Department of Community Development and pay a nonrefundable application fee of$100.00 dollars. There will be no additional fee in the event a License is issued. (2) Licenses are issued one per Commercial Quadricycle. If an Applicant owns more than one Commercial Quadricycle, the Applicant will need to apply for a License for each Commercial Quadricycle. (3) Applications shall include the following minimum information: (a) Name, address, and telephone number of the applicant. If the applicant is a legal entity,then the application shall also identify the person who is authorized to act in all respects for the entity. City of Oshkosh Chapter 8—Page 21 Municipal Codes City of Oshkosh Municipal Code Revised 11/09/21 (b) The serial number of the Commercial Quadricycle, the number of persons the Commercial Quadricycle is designed to carry,and a photograph of the Commercial Quadricycle. (c) A detailed description and map of the proposed route(s) on which the Commercial Quadricycle is to be operated, including the location of where passengers will be picked up and dropped off and where the Commercial Quadricycle is intended to be parked. (d) Proof of liability and property insurance in amounts and in the form required by the City at the time of application. (e) All additional information as the City may require. (4) The Department of Community Development shall forward the application to the Common Council for consideration as an action item. The Department of Community Development shall also provide Common Council with a report and recommendation. Prior to forwarding the application to Common Council, the Department of Community Development may consult with the applicant, City Departments, City Boards or Commissions, or others deemed by the City as having information or interests that may assist the Common Council when making their decision on the application. (5) Prior to the issuance of any License,the Commercial Quadricycle shall be examined by the Oshkosh Police Department. If the Commercial Quadricycle is found to be in a satisfactory and safe condition for the transportation of passengers,in clean and good appearance,and in compliance with all other provisions of this Article and State Law, the Oshkosh Police Department shall file a report with the Department of Community Development confirming compliance. If such examination shows that the Commercial Quadricycle is not in satisfactory condition,the Oshkosh Police Department shall file a report of noncompliance and the License shall not be issued. (6) If the application is approved by Common Council,and a report of compliance is received from the Oshkosh Police Department, the Department of Community Development shall issue a written License for the Commercial Quadricycle. (7) A Licensee is required to comply with the route(s)and other conditions of the License. New or temporary routes,or other changes of terms,must be approved by the Common Council by filing an amended application with the Department of Community Development. There shall be no fee for amended applications from the same Licensee. (D) License Denial,Revocation, and Appeals City of Oshkosh Chapter 8—Page 22 Municipal Codes City of Oshkosh Municipal Code Revised 11/09/21 (1) Applications for a License may be denied by the Common Council if it appears that the approval of the application will for any reason be detrimental to the public health, safety, and welfare. (2) Decisions of the Common Council shall represent the final decision of the City and such decisions may be appealed as otherwise allowed by law. (3) Any Commercial Quadricycle License may be revoked by Common Council for one or more of the following reasons: (a) The Licensee,including any owner,manager,agent,or employee of the Licensee,has violated the terms of the License,or any provision of this section,or any other rule, regulation, or code that applies to a Commercial Quadricycle, including state law. (b) The Licensee,including any owner,manager,agent,or employee of the Licensee has been convicted of a felony or misdemeanor that substantially relates to the operation of a Commercial Quadricycle. (E) Restrictions on Operation of Commercial Quadricycles (1) Commercial Quadricycles shall only be operated on routes specified in the approved License application. (2) Commercial Quadricycles shall not be operated or parked on a public sidewalk,recreation trail, or river walk. (3) Commercial Quadricycles shall not use any public street or any other public property as a loading, unloading, parking, or waiting area unless such area is a legal motor vehicle parking space. (4) Commercial Quadricycles shall not load or unload passengers in any traffic lane,or in any manner that will in any way adversely affect the safety of passengers or the public,or will impede or interfere with the orderly flow of traffic on the streets. (5) Commercial Quadricycles shall not be occupied by passengers or available to carry passengers after 10:30 pm or before 10:00 am. (6) Commercial Quadricycles shall be operated in compliance with applicable state and local traffic and parking laws and in a manner so as to assure the safety of persons and property. (7) Commercial Quadricycles shall be driven by persons having in their possession proof of insurance and a valid driver's license. City of Oshkosh Chapter 8—Page 23 Municipal Codes City of Oshkosh Municipal Code Revised 11/09/21 (8) No glass containers are allowed on a Commercial Quadricycle. (9) No music or amplified sound shall be played, nor noisemakers used, nor yelling or conversation conducted, in such a manner that the sound carries to nearby residences, businesses, or properties, and is audible above the level of conversational speech at a distance of twenty-five (25) feet from the point of origin from the sound. (10) The License shall be prominently displayed on the Commercial Quadricycle so that the public,passengers,and City employees or representatives may easily view the content of the License. (11) Commercial Quadricycles shall not be driven by anyone that consumes alcohol while the Commercial Quadricycle is occupied by passengers, including any stops, breaks, or transport to and from active operations. (12) Commercial Quadricycles shall not be driven by anyone who has an alcohol concentration of more than 0.02. (13) No alcohol beverages other than Fermented Malt Beverages shall be carried or consumed on a Commercial Quadricycle. (14) No alcohol beverage shall be sold on a Commercial Quadricycle. This includes the prohibition of delivery on the Commercial Quadricycle of alcohol beverages previously sold by a caterer. (15) Each passenger on a Commerical Quadricycle is permitted to carry on to the Commercial Quadricycle up to 36 ounces of Fermented Malt Beverages. No other alcohol beverages may be possessed on, carried upon, or consumed on a Commercial Quadricycle by passengers. (16) Any police officer of the City, County, or State may at all reasonable times, inspect any Commercial Quadricycle that is licensed under this Article and may prohibit the use of any Commercial Quadricycle that is found to be unsafe,not in proper repair,or not otherwise in compliance with this Article or State law. (F) Penalties: In addition to other fines,penalties,and/or charges that can be imposed under Municipal Code and state law, the violation of the terms of this Section by the Licensee, or any person, organization,or entity violating this Ordinance or responsible for violating this Ordinance,shall be punishable by a forfeiture of$75.00. Each day of violation shall be considered a separate offense. In addition,the City may enforce this Section by immediately revoking the License,seeking injunctive relief, and all other remedies available in law and equity. City of Oshkosh Chapter 8—Page 24 Municipal Codes City of Oshkosh Municipal Code Revised 11/09/21 SECTION 8-6 RESERVED SECTION 8-7 RESERVED SECTION 8-8 RESERVED SECTION 8-9 RESERVED ARTICLE IV. MURALS SECTION 8-10 MURALS (A) Definitions 1. Mural: Painted graphics that are murals,mosaics, or any type of graphic arts that are painted on a wall or fence and do not contain copy, advertising symbols, lettering, trademarks, or other references to the premises,products or services that are provided on the premises where the graphics are located or any other premises. (B) Murals shall be permitted in the Institutional,Urban Industrial,Heavy Industrial,Neighborhood Mixed Use,Suburban Mixed Use,Central Mixed Use,Urban Mixed Use and Riverfront Mixed Use Districts. Murals shall also be permitted through conditional use permit on governmental and institutional structures. 1. Murals are not permitted on the primary facade of a building. A primary facade is defined (for purposes of this section)as the building elevation that faces the adjacent street right-of- way and is the primary customer entrance. (C) Mural Permit 1. No mural shall be installed unless a mural permit therefore shall first be obtained by the owner, or his agent,from the Director of Planning Services, or his/her designee. (D) Application Requirements Permit application shall contain,but not be limited to,the following information: 1. Site plan showing the lot and building dimensions and indicating the proposed location of the mural. 2. Pictures of the building elevations. 3. A scale drawing and color photo of the building elevation showing the proposed size and placement of the mural. 4. A colored drawing of the proposed mural. 5. A description of the proposed maintenance schedule that includes the timeframe for the life of the mural and method for removal, if applicable. City of Oshkosh Chapter 8—Page 25 Municipal Codes City of Oshkosh Municipal Code Revised 11/09/21 (E) Fees The Fee for application for a Mural Permit shall be as established by Resolution of the Common Council. (F) Prohibited Mural Types 1. Murals or other representations which imitate or appear to imitate any official traffic sign or device which appears to regulate or direct the movement of traffic or which interferes with the proper operation of any traffic sign or signal,or which obstructs or physically interferes with a motor vehicle operator's view of approaching,merging, or intersecting traffic. 2. Murals affixed,applied or mounted above,upon or suspended from any part of the roof of a structure. 3. Murals shall not project from the wall surface,other than the minimum necessary protrusion to mount the mural to the wall or structure. 4. Murals containing any gang affiliation symbols. 5. Murals containing any commercial messages or advertising. 6. Murals containing obscene content. For purposes of this section,any material is obscene if applying contemporary community standards: a) The predominant appeal is to a prurient interest in sex; and b) The average person would find the material depicts or describes sexual content in a patently offensive way; and c) A reasonable person would find the material lacks serious literary,artistic,political, or scientific value. (G) Standards 1. Surface Preparation. Sand and high pressure water blasting are not permitted as a cleaning process for either surface preparation or for mural maintenance purposes in any historic district or any building eligible for inclusion on the State or National Register of Historic Buildings. Treatments that cause damage to historic materials shall not be used. (H) Maintenance 1. The mural shall be kept in good condition for the life of the mural according to the maintenance schedule and responsibilities approved by the Director of Planning Services,or his/her designee. 2. The display surface shall be kept clean and neatly painted and free from corrosion. City of Oshkosh Chapter 8—Page 26 Municipal Codes City of Oshkosh Municipal Code Revised 11/09/21 3. Any mural that is not maintained, faded, or is in disrepair shall be ordered removed or covered with opaque paint, similar to the primary building materials/colors or other appropriate material by the Director of Planning Services, or his/her designee. (I) Design Standards 1. The proposed mural will not have an adverse impact on the safe and efficient movement of vehicular or pedestrian traffic; and 2. The proposed mural is well integrated with the building's facade and other elements of the property and enhances the architecture or aesthetics of a building or wall; and 3. The mural will not have a detrimental effect on the structural integrity of the wall on which it is applied/affixed; and (J) Mural Permit Approval 1. No mural permit shall be approved unless the Director of Planning Services, or his/her designee, shall find that the requirements of this Section have been fulfilled. a) Permit Denial. A mural permit applicant may appeal the decision of the Director of Planning Services to deny a mural permit. Said appeal shall be made in writing to the Director of Planning Services and said appeal shall be made within 30 days of the decision by the Director of Planning Services to deny the permit. Appeals will be heard by the Public Art and Beautification Committee to determine if the Director of Planning Services' decision to deny the permit is consistent with the provisions of this Section of the Municipal Code. SECTIONS 8-11 THROUGH 8-38 RESERVED ARTICLE V. RESERVED SECTION 8-39 RESERVED SECTION 8-40 RESERVED SECTION 8-41 RESERVED SECTION 8-42 RESERVED ARTICLE VI. MOBILE VENDING SECTION 8-43 REGULATION OF MOBILE VENDORS I. Definitions: City of Oshkosh Chapter 8—Page 27 Municipal Codes City of Oshkosh Municipal Code Revised 11/09/21 a. Licensee means an applicant who has obtained a license to conduct a mobile vending operation pursuant to this chapter. b. Mobile Vending Operation means vending, selling, serving, displaying, offering for sale or giving away goods,wares,merchandise, or food from a mobile vending unit. c. Mobile Vending Unit means any motorized or non-motorized vehicle,trailer,kiosk,pushcart, stand, display, blanket, ground covering or other device designed to be portable and not permanently attached to the ground from which any food, goods, wares, or merchandise are peddled, vended, sold, served, displayed, offered for sale or given away. This includes any display consisting of food,goods,wares or merchandise being peddled,sold,served,displayed, or offered for sale. This does not include a mobile wholesale delivery unit that visits multiple private or public property sites on a daily basis. d. Mobile Vendor means a person who peddles,vends,sells,serves,displays,offers to sell or give away food, goods, wares, or merchandise from a mobile vending unit. This term does not include a mobile wholesale delivery unit that visits multiple private or public property sites on a daily basis. e. Public Property as used in this ordinance means all property owned by a governmental entity, but does not include public rights of way. II. City License Required to Operate a. No Mobile Vending Unit shall operate within the City of Oshkosh without a Mobile Vending License issued by the City Department of Community Development. b. The following Mobile Vending Units are exempt from the requirement to obtain a Mobile Vending License: i. Mobile Vending Units that are approved participants of a Special Event; ii. Mobile Vending Units operating on private property and obtain a Temporary Use Permit. c. The City's Mobile Vending License is in addition to all other local,State,or Federal approvals, permits, or licenses necessary to engage in this activity. III. Mobile Vending Operations May be Located: a. On hardscape surfaces on private or public property,except as otherwise specifically limited or prohibited,with approval of the property owner. b. On hardscape surfaces in public right of way terrace areas,provided a minimum unobstructed sidewalk space of five(5)feet from the right of way line is maintained,and two(2)unobstructed feet from the established face of the curb or street is maintained. City of Oshkosh Chapter 8—Page 28 Municipal Codes City of Oshkosh Municipal Code Revised 11/09/21 c. In legal on-street public parking spaces,provided the spaces are occupied with vehicles licensed to operate on streets,roads,and highways. Trailers,carts,wagons,and similar objects that are otherwise licensed for travel on streets,roads,and highways may occupy an on-street parking space provided they remain attached to the licensed motorized vehicle pulling it. All parking rules and regulations must be followed. d. The right of way terrace areas and on-street parking options are available provided these locations are not subject to a Special Event approved by the City. IV. Mobile Vending Operations are prohibited from the following locations: a. Any City park contrary to the rules set forth in Section 19.4(M) of the Municipal Code except through a vending contract with the City or as part of an approved Special Event. This includes driveways,parking areas, sidewalks, and public rights of way within City parks. b. Any City parking lot except as part of an approved Special Event. c. Any location which is otherwise included within an area approved for a Special Event within the City,except for those vendors who are allowed to operate by the organizer of the approved Special Event. d. Within thirty-seven&half(37.5) feet of a customer entrance for a full service restaurant,or an approved sidewalk cafe,or another Mobile Vendor already occupying a particular location. The distance from a customer entrance shall be from a line perpendicular from the door frame and extending into the street. e. On the City's Riverwalk,or at a location which utilizes the Riverwalk in any way for the Mobile Vending Operation. f. No part of the Mobile Vending Operation can obstruct access to any fire hydrant nor obstruct the view of any fire hydrant from the street. g. No Mobile Vending Operation is permitted within five (5) feet of the sides of bus stops or bus shelters,nor permitted in a manner that interferes with the use of bus stops or interferes with the ingress and egress from any bus shelter. h. No Mobile Vending Operation can be located within five (5)feet of a curb-cut,a marked cross- walk, or any other obstruction including, but not limited to, a parking meter post, sidewalk bench,bike rack,kiosk,etc. i. No Mobile Vending Operation can be located to obstruct any truck,freight,or passenger loading zone,nor adjacent to any disabled parking space. j. Any location that will obstruct sight distance triangles at intersections. k. In Residential Districts,except for the following two situations: City of Oshkosh Chapter 8—Page 29 Municipal Codes City of Oshkosh Municipal Code Revised 11/09/21 i. Continuously mobile,motorized,street-licensed vehicles stopping only for customers or for no longer than five (5) minutes in anticipation of future customers; and, ii. Mobile Vendor Operations adjacent to eligible City parks utilizing legal parking spaces or appropriate hardscape terraces upon the approval of the City Manager,or designee. Eligible City parks are defined as all City parks except Lakeshore Park,Menominee Park,Spanbauer Fields, Red Arrow Park, Pollock Community Water Park, Riverside Park, and Leach Amphitheater. 1. Within one hundred(100)feet of the boundary of a Special Event approved under Chapter 5 of this Municipal Code. V. Mobile Vending License: a. All applicants shall submit a completed application to the Department of Community Development and pay a nonrefundable application/license fee of$100.00 dollars. There will be no additional charge in the event a Mobile Vending License is issued. b. Licenses are issued on a calendar year basis. There will be no pro rata or other reductions for applications during the calendar year. c. Applications will require information deemed necessary by the City Manager and shall include the following minimum information: i. Name and all contact information of the applicant. If the applicant is a legal organization, then the application shall identify the person who is authorized to act in all respects for the corporation. ii. The name and contact information for the person who will be managing, operating, and making decisions for the Mobile Vending Unit on a day to day basis. iii. Identification and description of the Mobile Vending Operation and Mobile Vending Unit. iv. A site plan showing the space the Mobile Vending Unit will occupy. v. The proposed location(s) of the Mobile Vending Unit. vi. Copies of other necessary permits or licenses from other governmental agencies including, without limitation, a health license and a Wisconsin Seller's permit. vii. Proof of liability and property insurance. A Mobile Vending License will not be issued until proof is provided showing that the City of Oshkosh is added as an additional insured to the Mobile Vendor's policy. d. All applicants shall meet with the Department of Community Development and other City officials to discuss compliance with applicable rules, regulations, and codes, to evaluate the applicant's proposed vending site(s), and to answer questions about rules for other potential City of Oshkosh Chapter 8—Page 30 Municipal Codes City of Oshkosh Municipal Code Revised 11/09/21 vending sites within the City. The Department of Community Development shall arrange a meeting for the applicant with all City Departments deemed necessary to review the application. e. The City Department of Community Development will issue Mobile Vending Licenses for those who are eligible for License, and shall deny the application of those who are not eligible. Licenses shall include information deemed necessary by the City Manager,and shall contain the following minimum information: i. Name, address,telephone number, and contact person for the Vendor. ii. Type of vending allowed, such as food or merchandise. iii. If authorized to vend on private or public property,the license must include the address(es) on which they are allowed to locate their vending operations. f. Licenses shall be issued to allow Mobile Vending on private or public property,or on hardscape surfaces in the right of way, or in on-street public parking spaces, or a combination of these available locations. Except for private or public property locations, there shall be no sites assigned to any particular Mobile Vending Operation. g. Except for private or public property locations, Mobile Vending Sites shall be available on a daily basis to the first vendor to arrive. h. Mobile Vending Licenses shall be prominently displayed on the Mobile Vending Unit so that consumers and/or City employee or representative may easily view the content of the License. i. Licenses are not transferrable. Licenses may be amended to include operation on private or public properties or operation on additional private or public properties,by filing an amended application with the Department of Community Development. There shall be no charge for amended applications. VI. License denial,revocation, and appeals. a. Applications for licenses may be denied by the Department of Community Development if it appears that the approval of the application will for any reason be detrimental to the health, safety, and welfare of the public, and including the following reasons: i. Fraud,misrepresentation, or false statement contained in the application for the license. ii. Any violation of the provisions of this Chapter within the current or previous calendar year. iii. All other necessary approvals including, without limitation, health licenses or seller's permits,have not been obtained. City of Oshkosh Chapter 8—Page 31 Municipal Codes City of Oshkosh Municipal Code Revised 11/09/21 iv. The applicant,principal of applicant,or a manager of applicant's mobile vending unit has been convicted within the previous five years of any felony, or misdemeanor that is substantially related to a Mobile Vending Operation. v. The applicant,principal of applicant,or a manager of applicant's mobile vending unit has admitted to or has been adjudged to have violated any civil consumer law within the previous five years. vi. The applicant,principal of applicant, or manager has had a vendor license issued by this City revoked within the current or prior calendar year. vii. The applicant is not 18 years of age. b. Any license issued pursuant to this Chapter may be revoked by the City Department of Community Development for one or more of the following reasons: i. The licensee,or manager of the licensee,has violated a provision of this article,or any other rule,regulation, or code that applies to a Mobile Vending Operation. ii. The licensee, or licensee's manager or employee of a Mobile Vending Unit, has been convicted of a felony,or misdemeanor substantially related to a Mobile Vending Operation. c. Application denials and license revocations may be appealed to the City Manager. The City Manager's decision shall be the final decision of the City. VII. Restrictions on Mobile Vending a. Every licensee operating a Mobile Vending Unit on private or public property shall have and maintain the written authority or permission to use the private or public property, and shall provide written evidence to the City Department of Community Development of that authorization or permission with the Application. b. Connection of a mobile vending unit or mobile food vending unit to a public source of electricity,water, or sewer at a mobile vending operation site is prohibited. c. No Mobile Vending Operation may use any public property such as light poles or other utility poles,flower planters,trees,or other amenities as a point of attachment for anything,including ropes,posters, signs, or electrical cords. d. Mobile Vending Units may be located and operational on public property and public right-of- way beginning at 8:00 a.m.and ending the same time as the closing time for Class"B" alcoholic beverage license or permit, with closing time as defined by Wisconsin Statutes or Oshkosh Municipal Code,whichever is later,except that those mobile vendors operating within legal on- street parking spaces must comply with all City parking ordinances. The ending time shall be the time the Mobile Vending Unit has been closed, cleaned, and completely removed from its vending location on public property. Mobile vending on private property shall not have any limitations of their time of operation. City of Oshkosh Chapter 8—Page 32 Municipal Codes City of Oshkosh Municipal Code Revised 11/09/21 e. Mobile Vending Units otherwise located on public property or public right-of-way shall be removed from their location and returned to their mobile base during the time they are not allowed to operate as defined in paragraph VII.d.,above,and during all other times the Mobile Vending Unit is not actively operational. A mobile vending unit is actively operational when an attendant is present and the food or merchandise to be sold is available for purchase. The mobile vending unit may be inactive for only one consecutive hour, and a cumulative total of two hours between the hours it is allowed to be located on public property or public right-of- way. f. The site that a Mobile Vending Unit is occupying shall at all times be kept clean and free from litter, garbage,rubble, and debris. g. Mobile Vending Operations will comply with all applicable noise ordinances. h. Seating for consumer consumption or use of products sold is not allowed at the site occupied by the Mobile Vending Unit. One chair, stool, or seat for use by the operator will be allowed. i. Mobile Vending Units shall occupy a site only large enough to carry out the essential functions of the Mobile Vending Operation and shall not use a space larger than 6 feet by 10 feet,except for those using on-street public parking spaces. VIIL Penalties a. In addition to other potential fines, penalties, and/or charges as described in the Oshkosh Municipal Code,the violation of the terms of this Chapter by any person,organization,or entity shall be punishable by a forfeiture of$75.00. Each day of violation shall be considered a separate offense. In addition, the City may enforce this Chapter by way of immediately revoking the License, seeking injunctive relief, and all other remedies available in law and equity. b. The penalties set forth shall also apply to all persons, organizations, and entities that take actions or conduct themselves in a manner which requires a Mobile Vending License but the person, organization, or entity fails or refuses to do so. If any person, organization, or entity violates any provision of this Chapter,the City shall have the authority to institute appropriate legal action or proceedings to ensure compliance and to prohibit such person,organization,or entity from violating these conditions. SECTION 8-44 RESERVED ARTICLE VII. DIRECT SELLERS AND SOLICITORS SECTION 8-45 INTENT OF REGULATIONS The intent of these regulations is to protect the safety and peaceful enjoyment of the residents of Oshkosh in their residence and throughout the community and to protect residents from commercial fraud whenever City of Oshkosh Chapter 8—Page 33 Municipal Codes City of Oshkosh Municipal Code Revised 11/09/21 possible. The Common Council recognizes that constitutional limitations restrict extensive and broad prohibitions against direct sales and solicitations,but it believes that reasonable regulations are essential to promote privacy among city residents given that door-to-door type activities as contemplated herein are not traditional public forums. SECTION 8-46 RESERVED SECTION 8-47 DEFINITIONS When used in this Article,the following terms shall have the following meanings: (A) "Direct Solicitor" or "Direct Solicitation" means any individual who, for him/herself, or for a partnership,association or corporation,who without invitation goes to private homes or businesses for the purpose of selling goods or services,taking orders for the later delivery of goods or services, or requesting contributions of time, money, or support for any cause, issue or person, and shall include, but not be limited to peddlers, solicitors, transient merchants, charitable contributions, proselytizing, and solicitations for political candidates. SECTION 8-48 RESERVED SECTION 8-49 RESERVED SECTION 8-50 REGULATIONS (A) No Direct Solicitor shall engage in the following practices: (1) Calling at any dwelling or other place between the hours of 9:00 p.m.and 9:00 a.m.except by appointment; (2) Calling at any dwelling or other place where a sign is displayed bearing the words "No Peddlers" or"No Solicitors" or words of similar meaning; (3) Calling at the rear door of any dwelling place unless previously arranged; (4) Remaining on any premises after being asked to leave by the owner, occupant or other person having authority over such premises; (5) Misrepresenting or making false,deceptive or misleading statements concerning the quality, quantity or character of any goods or services offered for sale,the purpose of the visit,the identity of the caller or the identity of the organization represented; a) When asked, a direct seller for a charitable organization shall specifically disclose what portion of the sale price of goods or services offered will actually be used for the charitable purpose for which the organization is seeking assistance. (6) Failing to display when requested a document identifying the direct seller or solicitor as representing an individual,a partnership,an association or a corporation,failing to display, when requested to do so by any law enforcement officer, such identification or document. City of Oshkosh Chapter 8—Page 34 Municipal Codes City of Oshkosh Municipal Code Revised 11/09/21 (7) Impeding the free use of sidewalks, streets and other rights of way by pedestrians and vehicle; a) Where sales or solicitations are made by vehicles,all traffic and parking regulations shall be observed. (8) Making any loud noises or using any sound amplifying devices to attract customers if the noise produced is capable of being plainly heard outside a one-hundred(100)foot radius of the source. (9) Littering or allowing rubbish or litter to accumulate in or around the area where he/she is conducting activities. SECTION 8-51 RESERVED SECTION 8-52 RESERVED SECTION 8-53 RESERVED SECTION 8-54 RESERVED SECTION 8-55 SEVERANCE CLAUSE The provisions of this Article are declared to be severable,and if any section,sentence,clause or phrase of this Article shall for any reason be held to be invalid or unconstitutional,such decision shall not affect the validity of the remaining sections, sentences, clauses or phrases of this Article, but they shall remain in effect,it being the legislative intent that this Article shall stand notwithstanding the invalidity of any part. SECTION 8-56 RESERVED SECTION 8-57 RESERVED SECTION 8-58 RESERVED SECTION 8-59 RESERVED SECTION 8-60 RESERVED SECTION 8-61 RESERVED ARTICLE VIII. PAWNBROKERS AND SECONDHAND ARTICLE AND JEWELRY DEALERS SECTION 8-62 STATE STATUTES ADOPTED Except as otherwise specifically provided by this article,all provisions of Section 134.71 Wis.Stats.defining and describing the regulations with respect to pawnbrokers and secondhand article and secondhand jewelry dealers are hereby adopted by reference and made a part of this code as if fully set forth herein. It is the intention of this article to include within such references all provisions of section 134.71 Wis. Stats. in effect at the time of adoption of this article together with any applicable revisions and all future recodifications,renumberings,and amendments unless otherwise expressly provided in such references. It is the intention of this article that any act required to be performed or prohibited by section 134.71 Wis. Stats.presently in effect or as may be amended in the future is an act required to be performed or is an act prohibited by this section. City of Oshkosh Chapter 8—Page 35 Municipal Codes City of Oshkosh Municipal Code Revised 11/09/21 SECTION 8-63 LICENSE REQUIRED No person shall carry on the business of a pawnbroker,or secondhand article or secondhand jewelry dealer within the city without first having obtained a license therefor. SECTION 8-63.1 DEFINITIONS (a) "Article" means any of the following articles except jewelry: (1) Audio-visual equipment, including but not limited to stereos, cassette recorders, compact disc players, stereo components, cameras, videotape recorders, video cameras, portable stereos, audio tapes, compact discs, recording tapes, video tapes, albums, visual or electromagnetic tapes, and similar materials. (2) Bicycles. (3) China. (4) Computers,printers, software,hardware, and computer supplies. (5) Computer games and toys. (6) Crystal. (7) Electronic equipment. (8) Fur coats and other fur clothing. (9) Ammunition and knives. (10) Microwave ovens. (11) Office equipment. (12) Pianos, organs, guitars,keyboards and other musical instruments. (13) Silverware and flatware. (14) small electrical appliances. (15) telephones and answering machines. (b) Any word not defined herein shall have that meaning specified within section 134.71 Wis. Stats. SECTION 8-64 PROPERTY TRANSACTION RECORDS For each transaction of purchase, receipt, or exchange of any secondhand article or secondhand jewelry from a customer, a pawnbroker, secondhand article or secondhand jewelry dealer shall electronically submit the required property transaction information to an electronic reporting service specified by the Oshkosh Police Department by the close of business each day according to the following procedures. (a) Pawnbrokers,secondhand article and secondhand jewelry dealers using point of sale software shall ensure compatibility of their software with the specified electronic reporting service, and shall electronically transfer all required information from their computer to the specified electronic reporting service via internet connection. City of Oshkosh Chapter 8—Page 36 Municipal Codes City of Oshkosh Municipal Code Revised 11/09/21 (b) Pawnbrokers,secondhand article and secondhand jewelry dealers not using point of sale software, but having 200 or more reportable transactions during the previous calendar year, shall either acquire point of sale software and adhere to the requirements set forth in paragraph(a)above;or,if the specified electronic reporting service allows,manually enter all reportable transactions into the database via internet connection. (c) Pawnbrokers, secondhand article and secondhand jewelry dealers subject to electronic reporting shall take a color,digital photograph of every item purchased,received,or exchanged that does not have a unique serial or identification number affixed. This section specifically includes jewelry, coins, currency, and bullion. One group photo shall suffice for mass items acquired in one transaction. When a photograph is taken it must be maintained in such a manner that it can be readily matched and correlated with all other records of the same transaction, and must be made available for inspection by law enforcement for a period of not less than one year from the date of transaction. (d) Electronic submission of property transaction information and digital photography of property shall be encouraged but not required for pawnbrokers, secondhand article and secondhand jewelry dealers having fewer than 200 reportable transactions during the previous calendar year. When electronic submission of reportable transactions is not made according to the provisions set forth in paragraphs(a)or(b)above,Property Transaction Forms shall be manually completed and submitted according to the following procedures: (1) Forms shall be obtained from the Oshkosh Police Department. Forms are identified by number and the pawnbroker, secondhand article or secondhand jewelry dealer shall be solely responsible for each form. A copy of each form shall be provided to the Oshkosh Police Department upon request. Each form must be accounted for by the pawnbroker, secondhand article or secondhand jewelry dealer. (2) This form shall be completed by the pawnbroker or secondhand article or secondhand jewelry dealer and signed by the customer. (3) The form shall be completed in ink. Entries must be legible.No entry on such form may be erased,mutilated or changed. (4) The form shall be completed in its entirety.All articles must be described and documented in detail sufficient to differentiate the article from other like articles.If the item has a serial number or other identifying information or unique characteristics such information shall be noted on the form. (5) The pawnbroker,secondhand article or secondhand jewelry dealer shall retain an original of each form for not less than one year from the date of the transaction.Duplicate forms shall be provided to law enforcement agencies upon request. (6) Forms shall be made available for inspection during business hours by the Oshkosh Police Department or other law enforcement agency upon request. (7) Each form shall be physically kept with the article(s)detailed upon the form for the required City of Oshkosh Chapter 8—Page 37 Municipal Codes City of Oshkosh Municipal Code Revised 11/09/21 holding period. (8) The pawnbroker,secondhand article or secondhand jewelry dealer shall,in addition to the property transaction forms, keep a written inventory and records of declaration of ownership as required by state statute. SECTION 8-65 HOLDING PERIODS (a) Any secondhand article or secondhand jewelry purchased or received by a pawnbroker as a secondhand article shall be kept on the pawnbroker's premises or other place for safekeeping for not less than 30 days after the date of purchase or receipt,unless the person known by the pawnbroker to be the lawful owner of the secondhand article or secondhand jewelry recovers it. (b) Any secondhand article or secondhand jewelry purchased or received by a secondhand dealer as a secondhand article shall be kept on the secondhand dealer's premises or other place for safekeeping for not less than 21 days after the date of purchase or receipt. (c) If a pawnbroker,secondhand article or secondhand jewelry dealer is required or otherwise elects to submit electronic reports under section 8-64, the secondhand article or secondhand jewelry purchased or received shall be kept on the pawnbroker's or secondhand dealer's premises or other place for safekeeping for not less than 7 days after the date of the purchase or receipt. (d) Subsections (a) and (b) above shall not apply to articles consigned to a pawnbroker, secondhand article or secondhand jewelry dealer. (e) During the holding period the secondhand article or secondhand jewelry shall be held separate and apart from any other merchandise carried by the dealer and shall not be altered or modified in any manner. (f) During the holding period the pawnbroker,secondhand article or secondhand jewelry dealer shall permit any law enforcement officer to inspect the article. Articles held off premises shall be made available for inspection under this section within 24 hours, or a reasonable time in the case of weekends or holidays, of a request by a law enforcement officer. (g) Any law enforcement officer who has reason to believe any secondhand article or secondhand jewelry was not sold or exchanged by the lawful owner may direct a pawnbroker, secondhand article or secondhand jewelry dealer to hold that article for a reasonable length of time which the law enforcement officer considers necessary to identify it. SECTION 8-66 MINORS No pawnbroker,secondhand article or secondhand jewelry dealer shall engage in a transaction of purchase, exchange or receipt of any secondhand article or secondhand jewelry from a minor unless the minor is accompanied by the minor's parent or guardian. City of Oshkosh Chapter 8—Page 38 Municipal Codes City of Oshkosh Municipal Code Revised 11/09/21 SECTION 8-67 COINS,CURRENCY,AND BULLION Any pawnbroker,secondhand article or secondhand jewelry dealer receiving any coin or currency,any gold or silver coin or gold or silver bullion shall not be required to comply with the holding periods within section 8-65 but shall otherwise be required to comply with the provisions of this article. SECTION 8-67.1 RIGHT TO INSPECT A license holder under this article shall make available for inspection,by any law enforcement officer at any reasonable time, the licensed premises and any items on the licensed premises. Any items stored off- premises shall be made available for inspection under this section upon request by a law enforcement officer. SECTION 8-68 PENALTIES (a) Upon conviction for a first offense under this article,a person shall forfeit not less than$75 nor more than$1000. (b) Upon conviction for a second offense under this article,a person shall forfeit not less than$525 nor more than$2000. ARTICLE IX. AMBULANCE AND MEDICAL TRANSPORT SERVICES SECTION 8-69 AMBULANCE AND MEDICAL TRANSPORT SERVICES. L Purpose. The Common Council hereby utilizes its authority identified in Sections 62.11(5) and 62.133, Wisconsin Statutes, and other enabling statutes and regulations, to enact this Ordinance for the purpose of ensuring that citizens within the municipal; boundaries are properly served in emergency circumstances through the City of Oshkosh's emergency transport, and all non-emergency transport operators are providing legitimate and transparent services. The Common Council has determined that generally limiting emergency response services to the Oshkosh Fire Department and providing for supplemental emergency response services to be controlled by the Oshkosh Fire Department,whose members are specially and highly trained in emergency response,will provide for a more orderly health care process and chain of command at the location of emergency situations that will best serve the health, safety, and welfare interests of the public. In addition,the Common Council has determined that a system of registration and requiring other ambulance service providers operating with this City of Oshkosh to meet certain standards and requirements for service as set forth within this ordinance will also promote an orderly health care process as well as clarity and transparency in services which will best serve the health, safety, and welfare interests of the public. IL Definitions. City of Oshkosh Chapter 8—Page 39 Municipal Codes City of Oshkosh Municipal Code Revised 11/09/21 a. Ambulance: any privately owned motor vehicle or aircraft that is specially designed or constructed, equipped, and intended to be used for and maintained or operated for transportation of patients, except that such motor vehicle owned by, or operated under the direct control of the United States or the State of Wisconsin. b. Ambulance Service Operator: A person engaged in the business of transporting patients by ambulance to or from facilities or institutions providing health services. The term does not include the Oshkosh Fire Department for purposes of this ordinance. C. Emergency transport: Any actual or self-perceived event which threatens life,limb,or the well-being of an individual in such a manner that a need for immediate medical care is created or an event that requires emergent or unscheduled medical attention. Any response requiring the use of lights and/or sirens shall be considered emergency service. d. Non-emergency transport: Planned transport of a person in a medically stable condition on a non-emergency or scheduled basis. The term does not include services of the Oshkosh Fire Department for purposes of this ordinance. e. Paramedic: A person who is specially trained in emergency cardiac,trauma,and other lifesaving or emergency procedures in a training program or course of instruction resulting in certification as an Emergency Medical Technician — Advanced or Emergency Medical Technician—Paramedic by the National Registry of Emergency Medical Technicians or the Wisconsin Division of Health. Any Emergency Medical Technician—Paramedic must also be CPR-certified,which means they are certified in cardiopulmonary resuscitation according to standards set by the American Heart Association. f. Patient: A person who is sick, injured, wounded, or otherwise incapacitated or helpless, and in need of transportation and/or medical treatment. g. Person: Any individual,firm,partnership, association,corporation,company,group of individuals acting together for a common purpose, or organization of any kind, including government agency other than the United States or State of Wisconsin. III. Ambulance Service Within Municipal Boundaries a. The City of Oshkosh Shall be the Sole Provider of Emergency Transports within the Oshkosh Municipal Boundaries. i. Except for the City of Oshkosh and/or its agents,no person, either as owner, agent, or otherwise, shall furnish, operate, conduct, maintain, advertise, or City of Oshkosh Chapter 8—Page 40 Municipal Codes City of Oshkosh Municipal Code Revised 11/09/21 otherwise be engaged in, or profess to be engaged in, the business or service of the emergency transports of patients originating within the municipal boundaries of the City of Oshkosh. ii. Non-emergency transports of patients or persons within the municipal boundaries of the City of Oshkosh may occur subject to the rules and standards set forth herein. b. Exceptions: The following Ambulance Service Operators may operate within, or respond to calls within, the Oshkosh municipal boundaries: i. Ambulances or similar emergency vehicles operated by or under the direct control of the United States or the State of Wisconsin; ii. Ambulances transporting patients from locations outside the municipal boundaries of the City of Oshkosh into the City of Oshkosh; iii. Ambulances providing assistance to licensed Ambulance Service Operators in the case of a Mutual Aid request by the City of Oshkosh, or a major catastrophe or emergency in which the licensed Ambulance Service Operators of the City of Oshkosh are unable to address the extent of the health needs of the catastrophe, emergency, or extreme system overload; iv. Ambulance transports passing through the City of Oshkosh which originated from a point outside the City and having a destination point also outside the City; V. Aircraft, including"Flight for Life"or similar services,that transport patients to or from hospitals within the City of Oshkosh. Such aircraft must be licensed by the State of Wisconsin to perform such services. IV. Registration. All Ambulance Service Operators providing non-emergency transports originating within the municipal boundaries of the City of Oshkosh shall register with the City. Registrations shall be filed with the City Clerk's office. The Clerk shall maintain the Registrations with the official records of the City, and shall transmit copies of all Registrations, including any supporting documents,to the Fire Chief. The Fire Chief or their designee shall have the authority to enforce the requirements of this Section. The Registration shall be on such forms provided by the City and shall include, at a minimum,the following information: a. Name and complete contact information for Registrant. This includes name, address, telephone numbers, and email addresses. City of Oshkosh Chapter 8—Page 41 Municipal Codes City of Oshkosh Municipal Code Revised 11/09/21 b. Names and contact information for at least one (1) primary and one (1) secondary agent for the Registrant. C. If the Registrant is an entity, identify the state of formation. d. All trade or other corporate names, if any, under which the Registrant does business or proposes to do business. e. A copy of all licenses and/or certificates issued by the State of Wisconsin Department of Health Services or other regulatory body that the Registrant believes enables it to lawfully perform the proposed services within the City of Oshkosh. f. The signature of the Registrant or the Registrant's authorized representative. g. There shall be no charge for filing the Registration with the City. V. Standards for Operation of Non-Emergency Transports a. Each transport vehicle proposed to be used within the City of Oshkosh by an Ambulance Service Operator shall comply with the following: i. The color scheme, lettering, messaging, and special markings on transport vehicles shall be significantly different from the vehicles of all other Ambulance Service Providers providing services in the City of Oshkosh so that there can be no confusion between the Registrant and other operators that have also submitted registrations. There shall be no use of the words "Oshkosh Fire Department" or variations thereof, located anywhere on the vehicle. ii. Any telephone number that states or implies that it is an emergency number shall be limited to the nationwide designated number for emergencies,which is "9-1-1". Any other contact numbers shall clearly designate their use for non- emergencies only. iii. Be equipped with radio equipment, as follows: 1. Each transport vehicle shall be equipped with at least one portable radio capable of transmitting on the Federal Communications Commission assigned emergency medical frequency and shall be capable of transmitting from any patient location within the City of Oshkosh to all Oshkosh hospitals and to 9-1-1 dispatch. City of Oshkosh Chapter 8—Page 42 Municipal Codes City of Oshkosh Municipal Code Revised 11/09/21 2. Transport vehicle radio operations shall comply with procedures approved by the Federal Communications Commission and is compatible with the system used by the City of Oshkosh Fire Department. Compatibility shall be determined by the Fire Chief, Oshkosh Fire Department. b. Ambulance Service Operators providing services within the City of Oshkosh shall have in effect for all transport vehicles a sufficient policy of insurance issued by an insurance company licensed to do business in the State of Wisconsin, which shall provide that the insurance company shall be liable for damages of up to one million dollars ($1,000,000) for any accident due to the negligent operation of one of the patient transport vehicles. VI. Response to Incidents a. An Ambulance Service Operator shall not respond to a medical emergency incident within the City of Oshkosh unless called to respond by the Winnebago County Communication Center, the Oshkosh Fire Department, or direct telephone call in circumstances described in subsection IILb. of this section. b. An Ambulance Service Operator receiving a request for an Ambulance to respond to any medical emergency within the City of Oshkosh from any source other than the Winnebago County Communication Center or Oshkosh Fire Department, shall immediately, coincident with its response, provide the Winnebago County Communications Center with all available information as to the nature and location of the emergency. VIL Command at Incident Scene a. Incident Scene and Patient Care. i. Upon arrival on the scene of a medical emergency where patient care is being provided by Oshkosh Fire Department personnel, the Fire Department personnel remain in charge of the incident in accordance with state law. ii. In all instances when the Oshkosh Fire Department personnel are called to an incident, they shall be in command of the incident and for all patient care. iii. It is the obligation of the Ambulance Service Operator personnel to seek out the Fire Department personnel in command of the incident and patient care. iv. In the instances where the Oshkosh Fire Department personnel arrive at the incident first, all subsequent Ambulance Service Operators arriving at the City of Oshkosh Chapter 8—Page 43 Municipal Codes City of Oshkosh Municipal Code Revised 11/09/21 scene shall act under the command of the Oshkosh Fire Department personnel. V. Oshkosh Fire Department personnel remain in command of patient care until it is specifically relinquished to the Ambulance Service Operator personnel. vi. In instances where an Ambulance Service Operator arrives at the incident first, the Ambulance Service Operator shall relinquish command of the incident and patient care to the Oshkosh Fire Department personnel upon their arrival and upon their request to assume command of the incident and patient care. b. If the Ambulance Service Operator is at the scene in violation of this Chapter, no action or inaction of the Oshkosh Fire Department at the scene shall be interpreted to release or waive the violation. VIIL Obedience to Traffic Laws, Ordinances and Regulations. a. The driver of an Ambulance shall comply with all traffic laws relating to the operation of emergency vehicles, as provided by Section 346.03, Wisconsin Statute. b. No siren shall be used when transporting stabilized patients,unless a known additional emergency response situation exists. IX. Severability. The provisions of this Ordinance shall be severable and if any of the provisions shall be held in contravention of the Constitution and laws of the State of Wisconsin, or the United States, the validity of the rest of the Ordinance shall not be affected. It is hereby declared to be the intent of this Ordinance that the same would have been adopted had such unconstitutional or unlawful provisions, if any, not been included herein. X. Effective Date. This Ordinance shall become effective ninety (90) days from the date of publication. XI. Penalties a. Any Person that violates any provision of this Section shall be subject to a forfeiture of not less than One Hundred Dollars ($100.00) but not more than Five Hundred Dollars ($500.00), together with prosecution. b. Each day the violation exists shall constitute a separate offense. C. Nothing in this Section shall preclude the City from taking any other lawful action in addition to seeking a forfeiture in the event of a violation of this Section. City of Oshkosh Chapter 8—Page 44 Municipal Codes City of Oshkosh Municipal Code Revised 11/09/21 SECTIONS 8-70 THROUGH 8-74 RESERVED ARTICLE X. JUNK YARDS AND COLLECTORS DIVISION 1. JUNK YARDS SECTION 8-75 LICENSE REQUIRED. No person,firm or corporation shall store at any place in the City any old iron,old bottles,old rags,paper, old auto tires,or any other kind of junk until a license therefor shall have been secured as provided in this Section. SECTION 8-76 APPLICATION FOR LICENSE. (A) Application for license accompanied by the prescribed fee shall be made to the City Clerk and shall state the property to be used for the storage junk and other things mentioned in Section 8-75,the name of the applicant,the name of the owner of the property,and,if the property is leased,a copy of applicant's lease. The City Clerk shall refer said application to the Common Council which may in its discretion grant said applicant a license. Upon the allowance of a license by the Common Council,the City Clerk shall issue said license. SECTION 8-77 LICENSE FEE;TERM. The license fee shall be Twenty Dollars ($20.00) for a period of one (1) year or fraction thereof, and shall expire on the 30th day of June after its date,unless revoked as hereinafter provided. All licenses that expire on June 30, 1968,under this ordinance shall receive a refund of Ten Dollars ($10.00). SECTION 8-78 LOCATION RESTRICTED. No license shall be issued to store any of the things mentioned in Section 8-75 within two hundred fifty feet (250')of any dwelling house,in an area other than the heavy industrial district east of South Main Street and south of the Fox River, on the same street, or at any place within one hundred fifty feet (150) of North or South Main Street. SECTION 8-79 INSPECTION AND INVESTIGATION. (A) Every licensee shall permit inspection of his premises and junk by the police officers of the City at all reasonable hours. (B) The Chief of the Fire Department shall cause to be investigated each and every junk yard at least once each year. City of Oshkosh Chapter 8—Page 45 Municipal Codes City of Oshkosh Municipal Code Revised 11/09/21 SECTION 8-80 REVOCATION OF LICENSE. (A) The Council may, upon evidence being submitted that any junk yard is being conducted in any unsanitary manner,or that there is a fire hazard created by the said junk yard,or that the said junk yard licensee has violated any ordinance of the City or law of the State relating to buying or storage of junk, revoke said license, and no license shall thereafter be issued to any one to conduct a junk yard upon the premises for a period of one (1) year. (B) The fact that a license has been issued shall not be deemed to make the City a party to such business, and shall not be a bar to any party in an action to abate a nuisance. SECTION 8-81 SANITARY CONDITION REQUIRED Each licensee shall keep his said junk yard in a sanitary condition,and shall keep inflammable material in such a manner so that there will be minimum fire danger. SECTION 8-82 HEIGHT LIMIT ON JUNK PILES. No iron, scrap or other material shall be piled over fifteen feet (15) high in any junk yard. SECTION 8-83 RESTRICTIONS ON DISMANTLING. No vehicle,or other article of junk shall be broken up,or dismantled upon any street or alley and no part of the same shall be left by any licensee in any street or alley. No junk shall be stored within fifteen feet(15)of any street unless enclosed in a building as concealed from view from said street. DIVISION 2. JUNK COLLECTORS. SECTION 8-84 LICENSE REQUIRED. No person shall carry on the business of what is commonly called a"junk collector",traveling or going from place to place and house to house,in,upon and along the streets of the City for the purchase of and sale of junk, old rope, iron,brass,copper,zinc,tin,lead,rags,slush,empty bottles,paper,bagging,etc.,with any vehicle,without having a license therefor as provided in Section 8-85 for every vehicle used by him in the conduct of his business. SECTION 8-85 GRANTING LICENSE;FEE. (A) The City Manager shall grant licenses to such persons producing satisfactory evidence of good character. City of Oshkosh Chapter 8—Page 46 Municipal Codes City of Oshkosh Municipal Code Revised 11/09/21 (B) Every person licensed as"junk collector"shall pay to the City Clerk the sum of Ten Dollars($10.00) annually for every vehicle used by him in the conduct of his business. (C) Licenses issued hereunder shall expire on the thirtieth (30th) day of June after its date. SECTION 8-86 TRADE RESTRICTIONS. No "junk collector" shall buy or sell any coins of any description, or any article of gold or silver, or any wearing apparel or any article of household furniture or any implement, tool or utensil in a sound, unbroken or undamaged condition, nor shall such dealer receive in the line of his business any article or thing by the way of pledge or pawn,nor shall he loan or advance any sum of money on the security of any such article or thing. SECTION 8-87 BUYING JUNK FROM UNLICENSED DEALER PROHIBITED. No resident or non-resident of the City shall in said City buy any old rubber,rope,iron,brass,copper,zinc, tin,lead,rags,slush,empty bottles,paper,bagging or junk,except from a dealer duly licensed by the City, unless a license so to do shall have been issued in accordance with the provisions of Division 2 of this Chapter. ARTICLE XI. NON-ISSUANCE OF LICENSES AND PERMITS SECTION 8-88 NON-ISSUANCE OF CITY LICENSES AND PERMITS/DELINQUENT TAXES, ASSESSMENTS AND SPECIAL CHARGES (A) Unless otherwise specifically provided within this municipal code,licenses and permits required for the carrying on of a trade or business within the City may be granted or renewed but shall not be issued: 1) Premises. For any premises for which taxes,assessments,or special charges are delinquent and unpaid. a. This subsection 1) shall not apply to prohibit the issuance of a license for any premises if: i. the unpaid taxes, assessments or special charges were levied against the premises; and ii. the license is necessary for the conduct of business on the premises by a lessee of the premises; and iii. the licensee and owner have no immediate or extended family, business, or financial relationship with one another other than as landlord and tenant. City of Oshkosh Chapter 8—Page 47 Municipal Codes City of Oshkosh Municipal Code Revised 11/09/21 2) Persons. To any person who is delinquent in the payment of taxes, assessments or special charges related to the business or property for which the license or permit is sought. (B) Appeal. Alleged errors in the determination of non-issuance of the license may be appealed to the Finance Director within 5 days of notice of the non-issuance of the license or permit. The Finance Director shall issue a notice setting forth a date and time for hearing on the matter, not less than three(3)days nor more than fifteen(15)days after the date of the notice of hearing. At the hearing, the complainant and a representative of the City may be represented by counsel, may present evidence and call and examine witnesses and cross examine witnesses of another party. Such witnesses shall be sworn or affirmed by the person conducting the hearing. The Finance Director shall act as the decision maker. If the Finance Director is unable to so act,a decision maker shall be appointed by the City Manager. A written determination shall be made directing the continued holding of the license or permit or the issuance of such license or permit. Within ten (10) days of the hearing, the written determination shall be mailed to all interested parties and shall be placed on file with the City Clerk by the decision maker. The written decision shall specify the reasons for the decision made. Within ten days of the date of posting of the written decision, any person aggrieved thereby may appeal such decision to the Common Council. Appeals shall be taken by filing a notice of appeal specifying the grounds therefor with the City Clerk. On Appeal the Finance Director or other decision maker shall forthwith transmit all papers relating to such appeal to the City Clerk. The Clerk shall give notice of the appeal to the Common Council at its next regular meeting. The Council shall then fix a reasonable time for hearing of the same and give public notice thereof, as well as notice to the parties interested, and shall promptly decide the appeal. Any party to the proceeding as well as any person who may be adversely affected by a decision of the Council may appear at the hearing and may produce witnesses and be represented by counsel. In addition to any other witnesses presented, the council may subpoena and examine such other persons as it may deem necessary for a fair and impartial hearing of the appeal. The Clerk shall swear or affirm all persons testifying before the council in regard to the appeal, and shall maintain a record of all testimony and other evidence as may be presented. The Council may reverse, affirm, or modify the decision of the Finance Director or other decision maker appealed from,and to this end may direct issuance or non-issuance of any license or permit. Within ten(10)days after the decision on any appeal,the City Clerk shall cause due notice thereof in writing to be mailed to all parties to the appeal as well as any other persons who may have appeared therein at their last known post office address. Such notice shall specify the grounds for the decision. Any person aggrieved by the decision of the Common Council on appeal may seek such other legal relief as may be available. SECTION 8-89 RESERVED SECTION 8-90 RESERVED SECTION 8-91 RESERVED SECTION 8-92 RESERVED City of Oshkosh Chapter 8—Page 48 Municipal Codes City of Oshkosh Municipal Code Revised 11/09/21 ARTICLE XII. UTILITY PIPES,POWER LINES AND POLES SECTION 8-93 PIPE AND CONDUIT REGULATIONS; SCOPE. All water and gas pipes and all conduits for laying or protecting telephone,telegraph,or other electric wires in the public streets, alleys, or other public places of the City shall be subject to and governed by the following rules and regulations. SECTION 8-94 LOCATION AND ALTERATION. The City shall have the right at any time to designate the location of all water pipes, gas pipes, conduits, manholes, distributing posts and other necessary appliances, and reserves the right, as against any improvements of the City, to order alterations in the location of such pipes, conduits, and appliances connected therewith. Before any such alteration is made,however, at least five (5) days notice in writing shall be given the president or the local officer in charge of the company,or person,or persons,affected by the proposed alteration, and reasonable opportunity shall be afforded such person or persons, or the representative of such company, or any citizens interested, to be heard thereon; but when any such alteration shall be so ordered, the owner or owners of said pipe or conduit shall, within ten (10) days thereafter,commence such alteration and complete the same as soon as practicable. Upon their failure so to do,the City may perform said work at the proper charge or cost to the said owner,and the person failing to comply with said order shall be deemed in violation of this Section. SECTION 8-95 APPROVAL OF MATERIAL, SIZE,ETC. All conduits,manholes and other appliances or fixtures shall be of such material, size and dimensions as shall be approved by the City Manager,the City Engineer,Board of Public Works,and the City Attorney. SECTION 8-96 PLAN TO BE SUBMITTED. Before any person shall lay a conduit for telephone, telegraph or other electric wires upon any street or alley,such person,persons corporation or association shall submit to the City Manager,Engineer,Board of Public Works and City Attorney the route of proposed conduit, stating the name of the streets or alleys thereof,and the exact line and location of the proposed conduit,its distance from the gutter,its depth,the manner of laying the same and of carrying said wires or cables,and location of the manholes and distrib- uting poles. No such conduit shall be laid until the written consent and approval of the City Manager,City Engineer,Board of Public Works and the City Attorney shall first be obtained. SECTION 8-97 MANNER OF LAYING CONDUIT. (A) The conduit shall be laid so as not to interfere with the drainage of the street, or interfere with or damage the streets, water or sewer pipes, or other public or private property. When the conduit City of Oshkosh Chapter 8—Page 49 Municipal Codes City of Oshkosh Municipal Code Revised 11/09/21 would come into contact with any water,sewer,gas or other pipe,it shall be laid as directed by the City Engineer. Nothing herein contained shall prevent the laying of conduits under any stream or electric railway. It shall be the duty of the City Manager,City Engineer,Board of Public Works and City Attorney to see that the grade of said conduit is sufficiently deep so that it shall not be necessary thereafter to relay said conduit in improving the street;but whenever it shall be necessary to lower said conduit,the work shall be done at the expense of the owner or owners thereof. (B) The person laying said conduit shall immediately follow the opening of the ditch with the laying of the conduit, and not more than one (1)block of ditch shall be open at one time. The ditch shall be refilled as directed by the City Engineer and Board of Public Works. The ditch shall be so filled as to leave the street in good condition as it was in before the work was commenced. If at any time within one (1) year after the work is completed,the street is defective by reason of laying such conduit,it shall be repaired at the cost of the person laying the same. SECTION 8-98 CITY TO HAVE USE OF CONDUIT The City shall have the right to use,free of cost,for the use of its Fire and Police Departments,any conduits laid in the streets, alleys or other public places, and the owner of the conduit shall furnish to the City, at reasonable cost,all the wires necessary for the use of said Fire and Police Departments;and no such conduit shall be removed by the owner, or any other person,until the Chiefs of police and Fire Departments shall have been reasonably notified of the contemplated removal. The Chief of the Fire Department may remove any telephone,telegraph or other electric wire interfering with the proper operation of the Fire Department. SECTION 8-99 INDEMNITY AGREEMENT. Every person laying any conduit as herein mentioned shall prior to the laying of the same,file an agreement with the City Clerk, saving the City harmless from any and all injury and damage of every kind resulting therefrom or from negligence in the construction or operation thereof, or from the wires therewith connected; and also an agreement giving to the City the use of the conduit, as hereinbefore prescribed. SECTION 8-100 SAFE ERECTION OF WIRES. All such wires must be so carried,placed and protected to avoid all danger of communicating fire by means of contact with other wires or conductors, or in any other manner to avoid to public or private property injury. SECTION 8-101 FRANCHISES. The construction or laying of any such conduit shall be deemed an acceptance by the person so laying or constructing the same, of all the conditions and provisions herein contained; and this Chapter so far as applicable,shall be deemed and become a part of all franchises heretofore or hereafter granted for the use of telephone,telegraph or other electric wires. City of Oshkosh Chapter 8—Page 50 Municipal Codes City of Oshkosh Municipal Code Revised 11/09/21 SECTION 8-102 DECISIONS OF OFFICIALS. (A) In all matters referred to the City Manager,City Engineer,Board of Public Works and City Attorney, they shall act as one body, the City Manager being chairman thereof; and their proceedings, decisions and orders shall be reduced to writing, signed, and filed with the City Clerk,who shall report the same from time to time to the Common Council. (B) Should the City Manager,City Engineer,Board of Public Works and City Attorney fail to agree on any matters referred to them for decision,the said matters shall be referred to the Common Council for its decision. SECTION 8-103 POWERS RESERVED. Nothing contained in this Article shall be construed so as to in any manner affect the right of the City in the future to prescribe any other mode of conducting such wires over or under its thoroughfares. The terms and provisions of this Article shall apply as well to renewals of or changes in existing lines as to the original construction of any line of conduits in the City,and no conduit shall be laid unless some of the parts thereof are intended for present use. SECTION 8-104 WIRES PROHIBITED ON CERTAIN STREETS. (A) No wires carrying or capable of carrying electric current shall be strung or suspended over or along or permitted to remain so strung or suspended upon the following streets: High Avenue from Commerce Street to Division Street;Pearl Avenue from the east side of Commerce Street to the east of Market Street;Market Street from Algoma Blvd. to the north side of Pearl Avenue. (B) This Section shall not apply to the wires now existing on the east side of Market Street its junction with Commerce Street north to Algoma Blvd.,nor to the necessary wires now suspended over street intersections supporting electric lamps used by the City. (C) No telegraph or telephone wires shall be strung or suspended over or along the following named streets,to-wit: State Street from Washington Avenue to Ceape Avenue,Washington Avenue from North Main Street to State Street, Waugoo Avenue from North Main Street to State Street, Otter Avenue from North Main Street to State Street, nor on any other street or parts of streets where underground conduits have been laid for such wires. SECTION 8-105 REMOVAL OF IMPROPERLY ERECTED WIRES. Any wires maintained or erected contrary to the terms of the preceding Section,may be summarily removed by order of the Board of Public Works. City of Oshkosh Chapter 8—Page 51 Municipal Codes City of Oshkosh Municipal Code Revised 11/09/21 ARTICLE XIII. PENALTIES SECTION 8-106 PENALTIES. 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 imprisonment in the County Jail for a period not to exceed sixty (60) days. Each day of violation shall constitute a separate offense. City of Oshkosh Chapter 8—Page 52 Municipal Codes