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HomeMy WebLinkAboutChapter 27 - Vehicles and Traffic City of Oshkosh Municipal Code Revised 01/25/22 City of Oshkosh Chapter 27 – Page 1 Municipal Code CHAPTER 27 VEHICLES AND TRAFFIC ARTICLE I. IN GENERAL 27-1 DEFINITIONS 27-2 RESERVED 27-3 RESERVED 27-4 RESERVED 27-5 RESERVED 27-6 RESERVED 27-7 STATE TRAFFIC LAWS ADOPTED 27-8 SPEED LIMITS 27-8.1 TEMPORARY SPEED LIMITS FOR EVENTS 27-8-2.1 NEIGHBORHOOD ELECTRIC VEHICLES 27-9 USE OF FLASHING RED LIGHTS BY SCHOOL BUS OPERATORS 27-10 PROHIBITED CROSSINGS 27-11 MOTOR RUNNING WHILE PARKED 27-12 VEHICLES NEAR FIRES 27-13 CROSSING BRIDGES 27-14 TRUCK ROUTES DESIGNATED ARTICLE II. RAILROAD REGULATIONS 27-15 MOVING CARS 27-16 REPEALED 03/13/12 – (Formerly - OBSTRUCTING STREETS) ARTICLE III. ABANDONED, WRECKED, DISMANTLED OR DISCARDED VEHICLES 27-17 LEAVING OF WRECKED, NON-OPERATING VEHICLE ON STREET 27-18 VEHICLE ABANDONMENT PROHIBITED; REMOVAL; DISPOSAL 27-19 DISPOSITION OF WRECKED OR DISCARDED VEHICLES ON PRIVATE PROPERTY ARTICLE IV. GENERAL PARKING RESTRICTIONS 27-20 AUTHORIZE "TRAFFIC OFFICERS" 27-21 RESPONSIBILITY OF OWNER 27-22 REPEALED 11/11/14 (formerly – Parking of Vehicles in Municipally Owned Off-Street Parking Areas) 27-23 PARKING PROHIBITIONS ON DESIGNATED STREETS, ALLEYS, AND PARKING LOTS 27-23.1 PARKING PROHIBITED NEAR BUS STOPS 27-24 PARKING PROHIBITIONS - HEAVY TRAFFIC 27-25 OVERTIME PARKING City of Oshkosh Municipal Code Revised 01/25/22 City of Oshkosh Chapter 27 – Page 2 Municipal Code ARTICLE V. NON-METERED PARKING RESTRICTIONS 27-26 ALL NIGHT PARKING PROHIBITED 27-27 SPECIAL PRIVILEGE PERMIT FOR ALL NIGHT PARKING 27-28 PARKING LOCATIONS FOR VEHICLES WITH PERMIT OR PERMISSION 27-29 TAXICABS ON MAIN STREET 27-30 FIRE LANES 27-31 PARKING ON TERRACES PROHIBITED 27-32 STOPPING, STANDING OR PARKING PROHIBITED IN PARKING SPACES RESERVED FOR VEHICLES DISPLAYING SPECIAL REGISTRATION PLATES OR SPECIAL IDENTIFICATION CARDS 27-33 SNOW EMERGENCY PARKING REGULATIONS 27-34 PARKING REGULATIONS DURING SNOW REMOVAL OPERATIONS 27-35 MUNICIPAL PARKING LOTS 27-36 REGULATIONS IN MUNICIPAL PARKING LOTS ARTICLE VI. PARKING METER REGULATIONS 27-37 PARKING METERS AND PAY STATIONS 27-38 LOCATIONS OF PARKING METERS 27-39 REPEALED 11/11/14 – (Formerly - PARKING PERMITS) 27-40 REPEALED 11/11/14 – (Formerly - PERMIT PARKING AREAS) 27-41 REPEALED 11/11/14 – (Formerly - LEASED PARKING AREAS) 27-42 USE OF METER REVENUE 27-43 CAPPING METERS 27-44 PARKING OF VEHICLES 27-45 REPEALED 8/25/09 (Formerly - TWO (2) HOUR METERED CITY OWNED PARKING LOT) 27-46 RESERVED 12/10/13 (Formerly - PARKING PERMITS) 27-47 RESERVED – (Formerly - MUNICIPAL PARKING RAMPS) 27-48 RESERVED 12/10/13 (Formerly - PERMIT PARKING AREAS) 27-49 RESERVED 12/10/13 (Formerly - LEASED PARKING AREAS) 27-50 RESERVED (Formerly - WEST 8TH AVENUE PARKING LOT) 27-51 REPEALED 3/13/12 (Formerly - WEST 10TH AVENUE PARKING LOT) ARTICLE VII. ENFORCEMENT OF PARKING RESTRICTIONS 27-52 ENFORCEMENT OF PARKING RESTRICTIONS 27-53 BASIC PENALTIES FOR VIOLATIONS UPON ISSUANCE OF PARKING TICKET 27-54 PAYMENT OF PARKING VIOLATIONS; TIME LIMITS; FAILURE TO PAY PARKING TICKETS 27-55 TRAFFIC VIOLATIONS AND REGISTRATION PROGRAM 27-56 PROCEDURE FOR CONTESTING PARKING TICKETS ARTICLE VIII. BICYCLE, IN-LINE SKATES, AND SKATEBOARDING REGULATIONS 27-57 BICYCLE REGISTRATION REQUIRED 27-58 BICYCLE REGISTRATION PROCEDURE 27-59 REPEALED City of Oshkosh Municipal Code Revised 01/25/22 City of Oshkosh Chapter 27 – Page 3 Municipal Code 27-60 REPEALED 27-61 MUTILATION OF SERIAL NUMBER 27-62 TRANSFER OR CANCELLATION 27-63 GENERAL REGULATIONS FOR BICYCLISTS 27-64 REQUIRED EQUIPMENT FOR BICYCLES 27-65 GENERAL REGULATIONS FOR USE OF IN-LINE SKATES 27-66 SKATEBOARD REGULATIONS 27-66.2 BICYCLE LANE RESTRICTIONS 27-66.4 ELECTRIC SCOOTER AND ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE REGULATIONS 27-66.6 DOCKLESS AND DOCKED MOBILITY SYSTEMS ARTICLE IX. PENALTIES 27-67 PENALTIES City of Oshkosh Municipal Code Revised 01/25/22 City of Oshkosh Chapter 27 – Page 4 Municipal Code ARTICLE I. IN GENERAL SECTIONS 27-1 DEFINITIONS For the purposes of this chapter, the following definitions are used. (1) Holidays: Includes New Year’s Day (January 1), Memorial Day (the last Monday in May), Independence Day (July 4), Labor Day (the first Monday in September), Thanksgiving Day (the fourth Thursday in November), and Christmas Day (December 25). (2) Passenger loading zone: That portion of any street or parking facility clearly marked with a sign informing the public that the use of such area is limited to the loading or unloading of passengers. (3) Truck loading zone: That portion of any street or parking facility clearly marked with a sign informing the public that the use of such area is limited to the loading or unloading of merchandise by truck to/from commercial properties. (4) University Parking Area: An area bounded by and including these streets: beginning on Jackson Street at the Fox River to Church Avenue, east on Church Avenue to Franklin Street, north on Franklin Street to West Parkway Avenue, east on Parkway Avenue to Division Street, north on Division Street to Scott Avenue, west on Scott Avenue to Central Street, north on Central to Prospect Avenue, west on Prospect Avenue to Merrill Street, north on Merrill Street to New York Avenue, west on New York Avenue to Jackson Street, north on Jackson Street to Congress Avenue, west on Congress Avenue to the Fox River, including both sides of the streets named. (5) Parking meter: A machine next to a parking space into which payment is deposited so as to authorize the vehicle to park in said space for a particular length of time. Each parking meter shall be so set as to display a signal showing legal parking upon the deposit of funds. Each meter shall be so arranged that, upon the expiration of the parking limit, it will indicate that the lawful parking period as fixed by the ordinance of the City has expired. (6) Pay and display: A method of paying for parking where a person parks the vehicle in the designated area, immediately pays for parking at the nearest pay station, obtains a receipt, and displays the receipt in accordance with the rules on the receipt or pay station. (7) Pay station: A machine which accepts payment for parking in one of a number of designated parking spaces, so as to authorize the vehicle to park in a designated space or area for a particular length of time. SECTIONS 27-2 THROUGH 27-6 – RESERVED City of Oshkosh Municipal Code Revised 01/25/22 City of Oshkosh Chapter 27 – Page 5 Municipal Code SECTION 27-7 STATE TRAFFIC LAWS ADOPTED Except as otherwise specifically provided in this ordinance, all provisions of Chapters 340 to 350 of the Wisconsin Statutes described and defining regulations with respect to vehicles and traffic for which the penalty is a forfeiture only, including penalties to be imposed and procedure for prosecution, and all provisions of Trans 305 of the Wisconsin Administrative Code describing and defining regulations relative to the equipment of vehicles are hereby adopted and by reference made a part of this ordinance as if fully set forth herein together with any future additions, deletions or supplements thereto, are herewith incorporated as part of this Chapter and shall be enforced with the same force and effect as though set forth in full herein. Providing, however, that where such rules and regulations are less stringent than other provisions found in this Code, the provisions of this Code shall apply. Any act required to be performed or prohibited by any statute incorporated herein by reference is required or prohibited by this ordinance. SECTION 27-8 SPEED LIMITS (A) State speed limits adopted. The provisions of Subsections 346.57, 346.58 and 346.59 of the Wisconsin Statutes, relating to the maximum and minimum speed of vehicles, and such changes and additions as may be appended thereto from time to time are hereby adopted and by reference made a part of this ordinance as if fully set forth herein, except as specified by Subsection (B) hereof pursuant to Subsection 349.ll(3)(c) of the Wisconsin Statutes. (B) Exceptions. (1) Fifteen (15) miles per hour for all vehicles on the following named streets: Poplar Avenue, from Broad Street to Mill Street. Lane Street, from Babbitz Avenue to Rahr Avenue. Babbitz Avenue, from Lane Street to Shoreline Street. All streets and parking lots within any city park except as otherwise provided in this section. All streets and parking lots within any county park located within the city limits except as otherwise provided in this section. (1.1) Fifteen (15) miles per hour for all vehicles in a highway maintenance or construction area, or in a utility work area, and where construction workers are present. (2) Twenty-five (25) miles per hour for all vehicles on the following specified City streets: All streets within the corporate limits except as otherwise provided in this Code. (2.1) Thirty (30) miles per hour for all vehicles on the following named streets: Algoma Boulevard from Murdock Avenue to Roosevelt Avenue City of Oshkosh Municipal Code Revised 01/25/22 City of Oshkosh Chapter 27 – Page 6 Municipal Code Compass Way from Clairville Road to its’ terminus Harrison Street, from New York Avenue to County Trunk Highway "A" Jackson Street from Division Street/Marion Road to Bacon Avenue Koeller Street, from Highway 44 to 720 feet south of Menard Drive Koeller Street from 850 feet north of 9th Avenue to Oshkosh Avenue Main Street, from New York Avenue to existing 35 mph zone South Main Street from 17th Avenue to South Park Avenue Murdock Avenue, from Algoma Boulevard to Bowen Street Oakwood Road from STH 91 to Witzel Avenue for that portion within the city Oshkosh / Congress Avenue from Northbound Highway 41 off ramp to Algoma Blvd Oregon Street from 24th Avenue to 28th Avenue Packer Avenue from Jackson Street to Harrison Street South Park Avenue from Ohio Street to Knapp Street Transit Drive from Clairville Road to its’ terminus Washburn Street from two-tenths (2/10) of a mile south of STH 21 to Dickinson Avenue Witzel Avenue, from .2 of a mile west of Westbrook Drive to Ohio Street West 9th Avenue, from Oregon Street westerly to the city limits 20th Avenue from South Park Avenue Westerly to the City Limits (3) Thirty-five (35) miles per hour for all vehicles on the following specified City streets: Bowen Street from Murdock Avenue to Harrison Street STH 91 from Highway 44 westerly for that portion in the city Hughes Avenue, from 1,530 feet south of Oregon Street to 270 feet north of Waukau Avenue Jackson Street (U.S. Highway 45), from Bacon Avenue northerly to a point .22 mile north of its intersection with Fernau Avenue City of Oshkosh Municipal Code Revised 01/25/22 City of Oshkosh Chapter 27 – Page 7 Municipal Code N. Main Street, from Packer Avenue north to Snell Road Osborn Avenue from .2 mile east of Koeller Street to Knapp Street Oregon Street from 28th Avenue to Waukau Avenue Planeview Drive from STH 26 to Pickett Road Snell Road from 300 feet west of Vinland Street to Sherman Road South Main Street, from West 17th Avenue southerly to Fond du Lac Road Fond du Lac Road, (STH 45) from South Main Street to Myrna Jane Drive South Park Avenue,(State Highway Trunk 44), from Knapp Street to a point 0.2 of a mile southwest of the bridge over Highway 41 Washburn Street from Dickinson Avenue to 0.3 miles south of Waukau Avenue Witzel Avenue from .2 of a mile west of Westbrook Drive westerly to the city limits (4) Forty (40) miles per hour for all vehicles on the following specified City streets: Algoma Boulevard, (US Highway 45), from Roosevelt Avenue to .7 miles north for that portion in the city limits. Fernau Avenue from Snell Road to Vinland Street Poberezny Road from Waukau Avenue to Knapp Street Road Waukau Avenue from Highway 44 to Washburn Street (5) Forty-five (45) miles per hour for all vehicles on the following specified City streets: Algoma Boulevard, (US Highway 45), from .7 miles north of Roosevelt Avenue north for that portion in the city limits County Trunk "A" from Harrison Street north for that portion in the city limits County Trunk "Y" from County Trunk "A" westerly for that portion in the city limits Fond du Lac Road, (STH 45), from Myrna Jane Drive south for that portion in the city limits Highway 21 from 300 feet west of Old Omro Road to .2 miles west of Oakwood Road Jackson Street, (U.S. Highway 45), from a point .22 of a mile north of its intersection with Fernau Avenue, northerly to a point .1 of a mile north of its intersection with County Trunk City of Oshkosh Municipal Code Revised 01/25/22 City of Oshkosh Chapter 27 – Page 8 Municipal Code Highway "Y" Lake Butte des Morts Drive from Westwind Road to Ryf Road Oregon Street from Waukau Avenue to 35th Avenue Planeview Drive from Fisk Avenue to STH 26 Snell Road from 300 feet west of Vinland Street to Highway 110 South Park Avenue, (State Trunk Highway 44), from a point .2 of a mile southwest of the bridge over U.S. Hwy. 41, southwesterly to a point 300 feet southwest of the intersection with State highway 91 Washburn Street from 0.3 miles south of Waukau Avenue to Fisk Avenue Highway 26 for that portion within the city limits (6) Fifty-five (55) miles per hour for all vehicles on the following specified streets: Highway 44 from .l mile southwest of the intersection with Universal Street to the westerly city limits SECTION 27-8.1 TEMPORARY SPEED LIMITS FOR EVENTS Notwithstanding the limits established in Section 27-8 of this Municipal Code, the Chief of Police and/or Director of Transportation are hereby authorized to establish temporary speed limits for Special Events as defined in this Section 5-18.II.A. Code, whether such events require a permit under the terms of that Chapter or not, whenever in his/her reasonable discretion a temporary reduction of speed limits is necessary to protect the public health, safety and welfare, subject to the following limitations: A. Speed limits may only be reduced, there shall be no increase in speed limit permitted under the provisions of this section B. Temporary speed limits may be established and enforced for a period not to exceed the duration of the event, including reasonable period for set-up or entry to or exit from an event C. Speed limits may only be reduced on roadways within, adjacent to or directly accessing the event D. Temporary speed limits may only be enforced upon the placement of appropriate signage SECTION 27-8-2.1 NEIGHBORHOOD ELECTRIC VEHICLES (A) “Neighborhood Electric Vehicle” (“NEV”) means Neighborhood Electric Vehicle as defined in Section 340.01(36r) of the Wisconsin Statutes and currently registered and licensed by the Wisconsin Department of Transportation. (B) Individuals may operate an NEV on any street within the jurisdictional limits of the City of Oshkosh that has a posted speed limit of 35 miles per hour or less including connecting highways and state City of Oshkosh Municipal Code Revised 01/25/22 City of Oshkosh Chapter 27 – Page 9 Municipal Code trunk highways within the City of Oshkosh. (C) The operation of NEV’s shall comply with all traffic statutes and ordinances applicable to vehicles traveling upon streets and highways in the City of Oshkosh. (D) Any person operating an NEV within the jurisdictional limits of City of Oshkosh shall hold a valid Wisconsin Driver’s license. SECTION 27-9 USE OF FLASHING RED LIGHTS BY SCHOOL BUS OPERATORS (A) The operator of a school bus equipped with flashing red warning lights as specified in Section 347.25(2), Stats., shall use said warning lights in residence or business districts where curbs and sidewalks exist on both sides of the street when pupils or other authorized passengers are to be loaded or unloaded at a location at which there are no traffic signals and such persons must cross the street before being loaded or after being unloaded. (B) When flashing red warning lights are used pursuant to subsection (A), the provisions of Section 346.48(1) and (2)(a) pertaining to proper use of said lights and approaching motorists, and Sec. 346.49(2)(a), Stats., pertaining to penalties for violating said sections shall apply and are hereby adopted and by reference made a part of this ordinance with the same force and effect as though set out herein in full. SECTION 27-10 PROHIBITED CROSSINGS (A) Between the adjacent intersections at which traffic control signals are in operation, pedestrians shall not cross at any place except in a crosswalk. (B) On streets not covered by Subsection (A) of this Section no pedestrians shall cross a street in the City between intersections when a vehicle is approaching from either direction so as to interfere with the free movement of traffic or constitute a hazard for his own safety, or use such highway at any time in a reckless or negligent manner. SECTION 27-11 MOTOR RUNNING WHILE PARKED No operating mechanism of any motor vehicles shall be left running while any such vehicle is left unattended on any municipal or public parking lots, private parking lots held open to the public or any public or private street, avenue, boulevard, or alley in the City. SECTION 27-12 VEHICLES NEAR FIRES No vehicle shall be parked or allowed to stand upon any street within four hundred (400) feet of any place where the Fire Department shall be at work upon a burning building or fire. City of Oshkosh Municipal Code Revised 01/25/22 City of Oshkosh Chapter 27 – Page 10 Municipal Code SECTION 27-13 CROSSING BRIDGES Vehicles approaching any bridge in the City shall, if the draw be unlocked or the lift in operation, stop prior to the safety gate upon the bridge, and no such vehicle shall proceed over the bridge until the draw be again locked or the lift lowered and the safety gates in such bridge opened. No person operating any motor vehicle shall pick up or discharge any passenger on any bridge in the City at any time. SECTION 27-14 TRUCK ROUTES DESIGNATED (A) “Heavy traffic” means all vehicles not operating completely on pneumatic tires and all vehicles or combination of vehicles, other than motor buses, designed or used for transporting property of any nature and having a gross weight of more than 15,000 pounds. (B) The following streets shall be designated as heavy traffic routes: Algoma Boulevard (Highway 45) – Congress Avenue to north city limits Algoma Boulevard – Main Street to Jackson Street Bowen Street – Ceape Avenue to north city limits Ceape Avenue - Main Street to Bowen Street County Trunk "A" - Harrison Street to the north city limits Fernau Avenue – Highway 45 to Vinland Road Fond du Lac Road (Highway 45) – South Main Street to south city limits Harrison Street - New York Avenue to north city limits High Avenue – Main Street to Jackson Street Highway 21 – Highway 41 to west city limits Highway 26 – Highway 41 to west city limits Highway 91 – Highway 44 to west city limits Irving Avenue - Wisconsin Street to Main Street Jackson Street and Oregon Street - North city limits to South city limits Knapp Street – Highway 44 to Poberezny Road Koeller Street – Highway 44 to Highway 21 Main Street – Fond du Lac Road to New York Avenue Main Street - Packer Avenue to Snell Road Murdock Avenue – Algoma Boulevard to Bowen Street Oakwood Road – Highway 91 to 20th Avenue Ohio Street - South Park Avenue to Wisconsin Street Omro Road - Oshkosh Avenue to Highway 41 Oshkosh Avenue and Congress Avenue - Omro Road to Algoma Blvd Otter Avenue – Main Street to Bowen Street Packer Avenue - Jackson Street to Harrison Street Planeview Drive – Fisk Avenue to south city limits Poberezny Road – Knapp Street to Waupun Road Sawyer Street - 9th Avenue to Oshkosh Avenue Snell Road – Stearns Drive to County Trunk Highway A. South Park Avenue (Highway 44) – Ohio Street to west city limits City of Oshkosh Municipal Code Revised 01/25/22 City of Oshkosh Chapter 27 – Page 11 Municipal Code Stearns Drive – Snell Road to northern city limits Walter Street – Fernau Avenue to Snell Road Washburn Street – North city limits to south city limits Waukau Avenue – Highway 44 to Washburn Street Waupun Road – Highway 41 to Poberezny Road Wisconsin Street - Ohio Street to Irving Avenue Witzel Avenue - Ohio Street to west city limits 9th Avenue – Main Street to west city limits 20th Avenue – Oregon Street to west city limits 24th Avenue - Oregon Street to Main Street. (C) No person shall operate heavy traffic vehicles on any public street in the City except those streets particularly set forth in Sub-section (B) above as heavy traffic routes, provided, however, that this section shall not be construed to prohibit heavy traffic from using routed state trunk highways or from using any street or highway for the purpose of obtaining orders for supplies or moving or delivering supplies or commodities to or from any place of business or residence which has an entrance on such street or highway. (D) All north and south bound non-stop heavy truck traffic shall use the West Twenty-fourth Avenue Oregon Street-Jackson Street route. ARTICLE II. RAILROAD REGULATIONS SECTION 27-15 MOVING CARS It shall be unlawful for any railroad company, its officers or agents to operate or cause to be operated, propelled, pushed, bunted or otherwise, any car or cars across or upon any street in the City without having attached thereto a locomotive. SECTION 27-16 REPEALED 03/13/12 – (Formerly – Obstructing Streets) ARTICLE III. ABANDONED, WRECKED, DISMANTLEDOR DISCARDED VEHICLES SECTION 27-17 LEAVING OF WRECKED, NON-OPERATING VEHICLE ON STREET No person shall leave any partially dismantled, wrecked, junked, or unregistered vehicle, any vehicle unable to move under its own power, or any vehicle not able to be used legally on any public street in accordance with the provisions of Chapters 347 and 348 of the Wisconsin Statutes and/or Trans 305 of the Wisconsin Administrative Code, on any street, highway or municipally owned off-street parking area within the City. City of Oshkosh Municipal Code Revised 01/25/22 City of Oshkosh Chapter 27 – Page 12 Municipal Code SECTION 27-18 VEHICLE ABANDONMENT PROHIBITED; REMOVAL; DISPOSAL (A) No person shall leave unattended any motor vehicles, trailer, semi-trailer, or mobile home on any public highway or public property, for such time and under such circumstances as to cause the vehicle to reasonably appear to have been abandoned. Whenever any vehicle has been left unattended on any public highway or public property for more than forty-eight (48) hours, the vehicle is deemed abandoned and constitutes a public nuisance. (B) Any vehicle in violation of this Section shall be impounded until lawfully claimed or disposed of, except that if the Chief of Police or his/her representative determines that the cost of towing and storage charges for the impoundment would exceed the value of the vehicle, the vehicle may be junked upon determination by the Chief of Police or his/her representative that the vehicle is not wanted for evidence or other reason. (C) Any police officer who discovers any motor vehicle, trailer, semi-trailer, or mobile home on any public highway or public property which has been abandoned shall cause the vehicle to be removed to a suitable place of impoundment. (D) The owner of any abandoned vehicle except a stolen vehicle is responsible for the abandonment and all costs of impounding and disposing of the vehicle. Costs not recovered from the sale of the vehicle may be recovered in a civil action by the municipality against the owner. (E) The provisions of §342.40(3)(c) are adopted and incorporated herein by reference together with any future additions, deletions or supplements thereto, are herewith incorporated as part of this Chapter and shall be enforced with the same force and effect as though set forth in full herein. Providing, however, that where such rules and regulations are less stringent than other provisions found in this Code, the provisions of this Code shall apply. (F) Any person abandoning a vehicle in the City shall pay the cost of impounding and disposing of the vehicle and shall further be liable to a forfeiture of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00). SECTION 27-19 DISPOSITION OF WRECKED OR DISCARDED VEHICLES ON PRIVATE PROPERTY No person in charge or control of any private property within the City, whether as owner, tenant, occupant, lessee, or otherwise, shall allow any partially dismantled, wrecked, junked, discarded vehicle, or unregistered vehicle, any vehicle unable to move under its own power, or any vehicle not able to be used legally on any public street in accordance with the provisions of Chapters 347 and 348 of the Wisconsin Statutes and/or Trans 305 of the Wisconsin Administrative Code to remain on such property longer than three (3) days; and no person shall leave any such vehicle on any private property within the City for a longer time than three (3) days. (A) Exceptions. This Article shall not apply with regard to a vehicle in an enclosed building; a vehicle on the premises of a business enterprise operated in a lawful place and manner, when necessary to the operation of such business enterprise; or a vehicle in an appropriate storage place of depository City of Oshkosh Municipal Code Revised 01/25/22 City of Oshkosh Chapter 27 – Page 13 Municipal Code maintained in a lawful place and manner by the City. ARTICLE IV. GENERAL PARKING RESTRICTIONS SECTION 27-20 AUTHORIZE "TRAFFIC OFFICERS" For the purposes of this Chapter, duly appointed Community Service Officers, Courtesy Aides and Parking Meter Servicemen are hereby designated as "Traffic Officers" within the meaning of Sections 340.01(70) and 349.13 of the Wisconsin Statutes and are hereby authorized to issue citations for all non-moving traffic violations included in Articles III-VII this Chapter. (A) Duly appointed Campus Police and Security Officers are designated as “traffic officers” within the meaning of Sections 340.01(70) and 349.13 of the Wisconsin Statutes and are authorized to issue UW- O citations for all non-moving violations for purposes of enforcing the following sections of this code: (1) Designated 15-minute parking areas, east side of Algoma Boulevard, as designated between Elmwood Avenue and Woodland Avenue, under Section 27-23(A-11) of this code. (2) Designated 15-minute parking areas, west side of Elmwood Avenue, as designated between Amherst Avenue and Irving Avenue, under Section 27-23(A-11) of the code. (3) Designated handicapped parking, south side of Pearl Avenue, between Rockwell Avenue and Osceola Street, under Section 27-23(A-11) of this code. (4) Pay and Display parking areas, as designated under Section 27-23(A-3)(G) of this code. (B) For purposes of enforcing Section 27-30 of this code, specifically the provisions regarding fire lanes, Officers within the Oshkosh Fire Department are designated as “traffic officers” within the meaning of Sections 340.01(70) and 349.13 of the Wisconsin Statutes and are authorized to issue parking tickets and citations for all non-moving violations related to Section 27-30 as heretofore outlined. SECTION 27-21 RESPONSIBILITY OF OWNER If any vehicle is found upon a street, alley, highway, park or other public grounds of the City in violation of any provision of this Chapter, or any ordinance of this City, regulating the stopping, or standing or parking of vehicles, the identity of the driver cannot readily be determined, the owner, or person in whose name such vehicle is registered, shall be held prima facie responsible for such violation. SECTION 27-22 REPEALED 11/11/14 (formerly – Parking of Vehicles in Municipally Owned Off- Street Parking Areas) City of Oshkosh Municipal Code Revised 01/25/22 City of Oshkosh Chapter 27 – Page 14 Municipal Code SECTION 27-23 PARKING PROHIBITIONS ON DESIGNATED STREETS, ALLEYS AND PARKING LOTS No person shall at any time park an automobile or other vehicle, whether attended or unattended, upon any designated street, avenue, boulevard or parts thereof which are designated as "no parking" areas or contrary to any appropriate sign installed by the city restricting parking. No person shall park a motor vehicle on any public street at any time within 50 feet of an authorized bus stop sign. SECTION 27-23.1 PARKING PROHIBITED NEAR BUS STOPS No person shall park a motor vehicle on any public street at any time within 50 feet of an authorized bus stop sign. SECTION 27-24 PARKING PROHIBITIONS - HEAVY TRAFFIC (A) No person shall park heavy traffic vehicles as defined in Section 27-14 of this code, motor busses, truck tractors, semi-trailers, trailers, panel trucks, delivery vehicles and/or any other type of motor trucks designed, used or maintained primarily for the transportation of property, whether attended or unattended, upon any street, avenue, boulevard or other public right-of-way except those areas designated as truck routes. (B) No person shall park heavy traffic vehicles as defined in Section 27-14 of this code, motor busses, truck tractors, semi-trailers, trailers, panel trucks, delivery vehicles and/or any other type of motor trucks designed, used or maintained primarily for the transportation of property, whether attended or unattended, upon any street, avenue, boulevard or other public right-of-way between the hours of 2:00 a.m. and 5:00 a.m. (C) No person shall park or permit to be parked any heavy traffic vehicles as defined in Section 27-14 of this code, motor busses, truck tractors, semi-trailers, trailers, panel trucks, delivery vehicles and/or any other type of motor trucks designed, used or maintained primarily for the transportation of property, on any property within the City of Oshkosh which is zoned residential or contains a residential use as provided in Chapter 30 of this municipal code. (D) This section shall not be construed to prohibit heavy traffic vehicles as defined in Section 27-14 of this code, motor busses, truck tractors, semi-trailers, trailers, panel trucks, delivery vehicles and/or any other type of motor trucks designed, used or maintained primarily for the transportation of property, from using routed state trunk highways or from using any street or highway for the purpose of obtaining orders for supplies or moving or delivering supplies or commodities to or from any place of business or residence which has an entrance on such street or highway. SECTION 27-25 OVERTIME PARKING It shall be unlawful for any person to park any vehicle in any municipal parking area for a period of time in excess of the maximum time fixed by ordinance for that parking area. City of Oshkosh Municipal Code Revised 01/25/22 City of Oshkosh Chapter 27 – Page 15 Municipal Code It shall be unlawful for any person to deposit or cause to be deposited in a parking meter one (l) or more coins for the purpose of extending the parking time beyond the maximum time fixed by ordinance. ARTICLE V. NON-METERED PARKING RESTRICTIONS SECTION 27-26 ALL NIGHT PARKING PROHIBITED (A) Regulations. No person shall permit any vehicle of any kind or description to be parked on any public highway, or portion of street right-of-way, including but not limited to terraces and sidewalks, in the City of Oshkosh between the hours of 2:00 a.m. and 5:00 a.m. (B) Exceptions. (1) The Police Department may grant permission to so park a vehicle on a temporary basis in unique or unusual circumstances, such as in association with public or private construction or maintenance activities, accommodation of overnight guests, operator incapacity or other similar circumstances. Permission under this paragraph shall generally be limited to a maximum of 3 nights, except when a longer period is necessary for construction activities, and shall be within the sole discretion of the Police Department. (2) Vehicles with a special privilege permit issued under Section 27-27 may be parked during such hours; after filing an application; paying a permit fee and approval and issuance of the permit. Vehicles with a special privilege permit shall be parked as authorized by such permit and in compliance with all other parking rules and regulations including without limitation, rules governing the parking of vehicles on streets, snow emergency regulations and section 27-28 below. (3) Motor busses; Truck tractors; semi-trailers; trailers; and Motor Trucks designed, used or maintained primarily for the transportation of property; shall not be eligible for special privilege parking permits. SECTION 27-27 SPECIAL PRIVILEGE PERMIT FOR ALL NIGHT PARKING (A) The City Manager may designate a Department to administer the Special Privilege Parking Permit Program or the City may enter into an agreement with a third party to administer the Permit Program. (B) Contents of application. Persons desiring a special privilege permit for all night parking shall complete an application form containing the following information and any additional information that the City may reasonably require for administration of the program: the name and address of the owner of the vehicle, make and year of the vehicle, the license number, the dates and parking location for the special privilege requested. City of Oshkosh Municipal Code Revised 01/25/22 City of Oshkosh Chapter 27 – Page 16 Municipal Code (C) Contents of permit. The permit shall contain the number of the permit, the name and address of the owner of the vehicle, the make, year and license number of the vehicle, the location where the vehicle is to be parked, the month of issue, and date of expiration. The permit shall be a different color every month. All permits shall be numbered consecutively. (D) Approval; Term. The special privilege permit shall be valid for a period of not longer than one (1) month ending at midnight of the last day of the month of issue. The Police Department may revoke said permit if at any time the owner fails to comply with any of the provisions of this ordinance. (1) (a) Notwithstanding the foregoing, in addition to the monthly permit, an annual permit, valid for a 12-month period, beginning the first day of the month when issued and ending at midnight on the last day of the 12th month from date of issuance may be issued for any street within the corporate limits, except for both sides of the streets in the University Parking Area. (b) In addition to the monthly permit, a 9-month permit, valid for a 9-month period, beginning the first day of September and ending at midnight on the last day of May, and a 3-month permit, valid for a 3-month period, beginning the first day of June and ending at midnight on the last day of August may be issued for both sides of the streets in the University Parking Area. (E) Location on vehicle. The permit shall be placed in the lower driver’s side corner of the windshield or in such other conspicuous place as the City may designate upon issuance of the permit, while the motor vehicle is in a parked position. (F) Fee. The special privilege permit fee shall be Ten Dollars ($10.00) per month; provided, however, that if any permit is granted after the 15th day of the month, the permit fee shall be Five Dollars ($5.00) for the remainder of said month. (1) The fees for the annual permits, as authorized under Section 27-27(C)(1) of this Code shall be: annual permit $120; for the 9-month permit $90.00 and for the 3-month permit $30.00. There shall be no proration for any partial month. (G) Receipts to be placed in special fund. All moneys received from said permit fees shall be placed in a separate fund for off-street parking purposes only, except that costs for the printing of application forms and permits, stationery, postage, office supplies, and for any other kindred forms and the printing thereof in connection with the administration of this ordinance shall be paid out of this fund. SECTION 27-28 PARKING LOCATIONS FOR VEHICLES WITH PERMIT OR PERMISSION Any vehicles parked pursuant to the provisions of Sections 27-26 and 27-27 above shall be parked only on the even numbered side of the street on those nights bearing an even calendar date during the portion thereof before midnight, and on the odd numbered side of the street on those nights bearing an odd calendar date during the portion thereof before midnight, except that where bays have been provided in terraces, that such vehicles may be parked in such bays on all calendar dates, subject to any orders which City of Oshkosh Municipal Code Revised 01/25/22 City of Oshkosh Chapter 27 – Page 17 Municipal Code the Police Department may issue to the contrary; that said permit shall not be issued for a location where parking is prohibited on the opposite side of the street except where such permit is for a bay in the terrace; no more than one permit shall be issued on any street for each one hundred fifty (150) feet of street space except where such permit is for a bay in the terrace; no vehicle shall be allowed to remain parked in such space after 12 o'clock noon of the day following the overnight parking. No person shall park or cause to be parked, any automobile, truck or other vehicle whatsoever on any public street or highway or in any City operated unmetered public parking area for more than twenty-four (24) hours at one time. The parking permit issued pursuant to this Section shall be subject to the provisions of Section 27-33 of this Code relating to emergency snow removal regulations. SECTION 27-29 TAXICABS ON MAIN STREET No taxi shall park on Main Street from the Fox River to Parkway Avenue. SECTION 27-30 FIRE LANES Fire lanes which have been marked with the words “Fire Lane - No Parking” pursuant to Chapter 13 of this municipal code shall be maintained free of all obstructions at all times. No vehicle shall be stopped or parked upon any portion of a designated fire lane. SECTION 27-31 PARKING ON TERRACES PROHIBITED No person shall park any automobile or other vehicle, whether attended or unattended, on any municipally owned terrace; terrace meaning that portion between the sidewalk and the normal back of the curb line. SECTION 27-32 STOPPING, STANDING OR PARKING PROHIBITED IN PARKING SPACES RESERVED FOR VEHICLES DISPLAYING SPECIAL REGISTRATION PLATES OR SPECIAL IDENTIFICATION CARDS. (A) State Statutes Adopted. The rules and regulations pertaining to Stopping, Standing or Parking Prohibited in Parking Spaces Reserved for Vehicles displaying Special Registration Plates or Special Identification Cards in Section 346.505 of the Wisconsin Statutes, together with any future additions, deletions or supplements thereto, are herewith incorporated as part of this Chapter and shall be enforced with the same force and effect as though set forth in full herein. Providing, however, that where such rules and regulations are less stringent than other provisions found in this Code, the provisions of this Code shall apply. City of Oshkosh Municipal Code Revised 01/25/22 City of Oshkosh Chapter 27 – Page 18 Municipal Code SECTION 27-33 SNOW EMERGENCY PARKING REGULATIONS (A) Definitions (1) “Snow Emergency Parking”: During a Snow Emergency, vehicles shall be parked only on the even numbered side of the street on those days and nights bearing an even calendar date during the portion thereof from 12 o’clock noon on the even calendar date to 12 o’clock noon on the following calendar date, and on the odd numbered side of the street on those days and nights bearing an odd calendar date during the portion thereof from 12 o’clock noon on the odd calendar date to 12 o’clock noon on the following calendar date. These parking restrictions would also apply to any bays in terraces or areas with bump-outs. This Section shall not be interpreted to allow on-street parking in areas where parking is otherwise restricted by Section 27-23(A-11) or any other provision of this Municipal Code or State Statute. (2) “General Snow Emergency” means an emergency situation created when snowfall constitutes a serious public hazard, impairing transportation, the movement of food and fuel supplies, medical care, fire, health, and police protection and other vital facilities throughout the City. (3) “Limited Snow Emergency” means an emergency situation created whenever snowfall constitutes a serious public hazard, impairing transportation, the movement of food and fuel supplies, medical care, fire, health, and police protection and other vital facilities within a defined area within the City. (B) Declaration of Snow Emergency. Whenever in their opinion the conditions exist making it necessary to declare a Snow Emergency, the City Manager or Director of Public Works or their respective designee is hereby authorized to declare a General or Limited Snow Emergency. Such emergency shall continue for a period of forty-eight (48) hours from the time it is announced or until such earlier time as snow plowing operations have been declared completed. (C) Notification Process for Snow Emergency. The City shall provide notification of Snow Emergencies through the City’s Media Services Division. The City may also use other means of notification as available and expedient. (D) Parking of Vehicles During a Snow Emergency. During a Snow Emergency, vehicles within the area subject to the Snow Emergency Declaration shall park in accordance with Snow Emergency Parking Restrictions as defined within this Section. (E) Removal of Vehicles Parked in Violation of Snow Emergency Restrictions. It shall be unlawful to park or allow a vehicle to remain parked on any street within the City contrary to Snow Emergency Parking Restrictions. The Police Department may authorize the removal, including towing, of vehicles parked in violation of Snow Emergency Parking Restrictions. The operator or owner of the vehicle shall pay the reasonable charges for moving or towing or any storage of that vehicle parked in violation of Snow Emergency Parking Restrictions. City of Oshkosh Municipal Code Revised 01/25/22 City of Oshkosh Chapter 27 – Page 19 Municipal Code SECTION 27-34 PARKING REGULATIONS DURING SNOW REMOVAL OPERATIONS (A) Authority to Designate Temporary No Parking Areas. When the Director of Public Works and Chief of Police shall determine that after any snowfall it is necessary to remove snow from the vehicular traveled portion of the streets or that the street is sufficiently narrowed by excessive snow having been plowed toward the curbing, so as to constitute a serious public hazard, impairing transportation and the movement of vehicular traffic, the Chief of Police or his/her designee may establish "no parking" zones on any streets where snow removal operations will be taking place. Such "no parking" areas shall be marked with appropriate moveable signs not less than four (4) hours prior to the commencement of the snow removal operation, and such streets may be shut off and blocked at all times while the crews are operating thereon. (B) Parking in Violation of Temporary No Parking Areas. It shall be unlawful to park a vehicle on such streets contrary to any parking restrictions imposed under this section. The Police Department may authorize the removal, including towing, of vehicles parked in violation of parking restrictions imposed under this section. The operator or owner of the vehicle shall pay the reasonable charges for moving or towing or any storage of that vehicle parked in violation of any parking restrictions imposed under this section. SECTION 27-35 MUNICIPAL PARKING LOTS As used in this Chapter Municipal Parking Lot shall mean all lands owned by the City of Oshkosh and used for general public parking lot purposes, including: 8th North Lot 9th South Lot 10th South Lot 200 East Lot 200 West Lot 300 East Lot 300 West Lot 400 East Lot 400 West Lot 500 West Lot City Hall Lot Convention Center East Convention Center North Grand Lot Leach Lot Library Lot Otter Lot Rec. Gym Lot Spanbauer Field Lot State Lot City of Oshkosh Municipal Code Revised 01/25/22 City of Oshkosh Chapter 27 – Page 20 Municipal Code SECTION 27-36 REGULATIONS IN MUNICIPAL PARKING LOTS (A) Appendix 27B Established. Appendix 27B to this Chapter shall set forth maps for each Municipal Parking Lot. Regulations governing designation of parking spaces, time limits, permit parking, leased parking, employee and visitor parking in the City Hall lot and other such regulations pertaining to the designation of spaces or time limits for each Municipal Parking Lot shall be as set forth in appendix 27B to this Chapter. (B) Proper Parking. No person shall park any vehicle in any Municipal Parking Lot except within the limits of a designated parking space. (C) Time Limits. No person shall park any vehicle in any Municipal Parking Lot for a period of time in excess of the maximum time fixed for that parking space as set forth in appendix 27B to this Chapter. (D) Twenty-four (24) hour limit. No person shall park, cause or permit to be parked any vehicle in any Municipal Parking Lot for more than twenty-four (24) consecutive hours, except for vehicles displaying a valid leased parking permit. (E) Hours of Enforcement for Permit Parking, Leased Parking and Time Limited Parking. Within Municipal Parking Lots, permit parking restrictions, time limitations and daily leased stalls are enforced between the hours of 9:00 a.m. and 6:00 p.m. except on weekends and holidays or as otherwise provided. Designated 24 hours leased stalls shall be enforced 24 hours a day 7 days a week. (F) City Hall Lot Hours of Enforcement. Employee designated and Visitor Parking Regulations within the City Hall Lot shall apply during the hours of seven (7:00) o’clock a.m. to five (5:00) o’clock p.m. on Monday thru Friday. (G) All Night Parking Prohibitions. No person shall permit any vehicle of any kind or description to be parked in any free (non-permitted or leased) parking stalls in any municipal parking lot between 2:00 a.m. and 5:00 a.m. (H) Permission Required for Parking of Certain Types of Vehicles. No person shall park any type of heavy traffic vehicle, commercial vehicle, trailer, recreational vehicle, motor home, Electric Scooter, Electric Personal Assistive Mobility Device, bicycle, skateboard, or any other play vehicle in any Municipal Parking Lot unless special permission is granted by the City Manager, Director of Transportation or their designee. (I) Trespassing. No person not having business to attend to in connection with the parking of a motor vehicle shall trespass or loiter on any Municipal Parking Lot. (J) Parking Permits (1) Authority. City Administration is authorized to issue parking permits in conformity with this Section. City of Oshkosh Municipal Code Revised 01/25/22 City of Oshkosh Chapter 27 – Page 21 Municipal Code (2) Types of permits. a) An annual permit may be used in any stall allowing permit parking during the 12- month time period and in the municipal parking areas indicated on the permit. Annual permits shall be displayed hanging from the rearview mirror and facing forward. b) A monthly permit may be used in any stall allowing permit parking during the month and in the municipal parking areas indicated on the permit. Monthly permits shall be displayed on the driver’s side rear bumper of the vehicle. c) A daily permit may be used in any stall allowing permit parking during the date and in the municipal parking areas indicated on the permit. Immediately upon parking the vehicle, the parking permit shall be displayed on the inside of the vehicle in accordance with the rules printed on the permit. (3) Permit prices. The Common Council shall by resolution establish prices for parking permits issued under this section. (4) Designation of spaces. The Common Council shall designate which spaces in Municipal Parking Lots require parking permits, upon recommendations received from the Parking Utility Commission. Spaces shall be designated within Appendix B to this Chapter and shall be identified by appropriate signage within Municipal Parking Lots. (5) Proper parking and display. No person shall permit any vehicle of any kind or description to be parked in any permit parking space between the hours of 9:00 a.m. and 6:00 p.m. daily, except on weekends and holidays unless such vehicle is properly displaying a valid parking permit. Failure to properly display a permit will be subject to penalties under Sections 27-52 and 27-53 of the City of Oshkosh Municipal Code. Vehicles displaying such permits shall comply with all other rules and regulations governing parking within the City. (6) Permit validity. Parking permits shall be valid only for the date(s) indicated on the permit. Attempts to fabricate permits or re-use an expired permit will be subject to penalties under Sections 27-52 and 27-53 of the City of Oshkosh Municipal Code. (7) Revenues. All revenues collected from permit sales and permit-related violations shall be deposited to the Parking Utility Commission. (K) Leased Parking. (1) Authority. City Administration is authorized to lease spaces within Municipal Parking Lots in conformity with this Section. (2) Leased Stall Fees. The Common Council shall by resolution establish fees for parking spaces leased under this section. (3) Designation of 24-Hour Leased Stalls. The Common Council shall designate which spaces in Municipal Parking Lots may be leased for 24 hours to residents within the BID district boundaries. Spaces shall be designated within Appendix B to this Chapter and shall be identified by appropriate signage within Municipal Parking Lots. City of Oshkosh Municipal Code Revised 01/25/22 City of Oshkosh Chapter 27 – Page 22 Municipal Code (4) Designation of Daytime Leased Stalls. The Common Council shall designate which spaces in Municipal Parking Lots may be leased on a monthly basis. Enforcement of the monthly parking stalls shall be between 7:00 a.m. and 6:00 p.m. (5) Revenues. All revenues collected from permit sales and permit-related violations shall be deposited to the Parking Utility Commission. ARTICLE VI. PARKING METER REGULATIONS SECTION 27-37 PARKING METERS AND PAY STATIONS (A) Authorization. The Common Council may authorize the installation, regulation, control, maintenance, and use of parking meters and pay stations in public streets or in public parking areas. Parking meters shall be placed next to individual parking places and shall display the hours and days of operation. Each pay station shall be located in the vicinity of the parking stalls which are controlled by it and shall also display the hours and days of operation. (B) Establishment of rates. The Common Council shall establish rates for parking meters and pay stations that are installed within the public right-of-way or on City property. (C) Hours of operation. The Common Council shall establish the days and hours when payment is required at parking meters or pay stations. (D) Suspension of fees. In the event of an emergency or approved special event, the Common Council, City Manager, or Chief of Police may temporarily suspend the collection of fees at specified parking meters or pay stations. (E) Proper parking and payment for spaces regulated by parking meters. When any vehicle shall be parked next to a parking meter, the owner or operator shall park within the area designated by the curb or street marking lines, and upon entering said parking space shall immediately provide payment into the meter up to the amount needed for the maximum legal parking limit. Said parking space may then be used by such vehicle during the legal limit provided. No person may park within a space regulated by parking meters without making proper payment into the meter. (F) Proper parking and payment for Pay and Display areas. When a vehicle is parked in a Pay and Display area, the owner or operator shall park within the area designated by the curb or street marking lines and upon entering said parking space shall immediately proceed to a Pay and Display machine to purchase a ticket for the needed time, which must be displayed in the vehicle according to the rules provided on the ticket or machine. Said parking space may then be used by such vehicle during the legal parking limit provided. No person may park within a Pay and Display area without purchasing and displaying an appropriate ticket. (G) Overtime parking. A vehicle shall be considered as unlawfully parked if it remains in a space regulated by a parking meter or in a pay and display area beyond the legal parking limit. (H) Use of slugs prohibited. It shall be unlawful to deposit or cause to be deposited in any parking meter City of Oshkosh Municipal Code Revised 01/25/22 City of Oshkosh Chapter 27 – Page 23 Municipal Code any slug, device, or other substitute for a coin of the United States, and it shall be unlawful for any person to deface, injure, tamper with, open, willfully break, destroy or impair the usefulness of any parking meter, pay station or part thereof. (I) No refunds. The City will not issue refunds for unused time that was paid for at a parking meter or pay station. (J) Revenues. Unless superseded by other agreements approved by the Common Council, all revenues collected from parking meters and pay stations shall be deposited into the Parking Utility fund. SECTION 27-38 LOCATIONS OF PARKING METERS (No parking meters) SECTION 27-39 REPEALED 11/11/14 – (Formerly - PARKING PERMITS) SECTION 27-40 REPEALED 11/11/14 – (Formerly - PERMIT PARKING AREAS) SECTION 27-41 REPEALED 11/11/14 – (Formerly - LEASED PARKING AREAS) SECTION 27-42 USE OF METER REVENUE (A) For parking facilities. The net revenue resulting from the operation of said parking meters after the deduction of the original cost, cost of replacements, repairs and surety bond as hereinbefore provided, and cost of collection, enforcement and administration, shall be placed in the parking utility fund, the purpose of which fund shall be to make provisions for off street parking lots; said fund to be used for said purpose as the Council may from time-to-time direct. Any unexpended balances in said fund are not to become part of the General Fund of the City and the City Treasurer shall keep a separate bank account thereof so that funds are not commingled with other City funds. All earnings, upon investment of said fund, shall when received be and constitute an addition to the fund. However, any advances made from the General Fund to provide for street parking by lots purchased or other method of acquisition of parking sites, pending the accumulation of sufficient receipts from the operation of the parking meters herein authorized to provide such parking sites, shall be reimbursed out of the parking utility fund when sufficient moneys accumulate therein. (B) Parking meter revenues enacted as a police power ordinance. The payment of the sums required to be deposited in said meters is hereby levied as a police regulation and inspection fee to cover the cost of providing parking spaces, parking meters, and installation and maintenance thereof; the cost of regulation and inspection, operation, control and use of the parking meter spaces in zones created herein; for the regulation and control of traffic moving in and out of and parking in said spaces and zones so created; and for the cost of any resultant traffic administration expense. City of Oshkosh Municipal Code Revised 01/25/22 City of Oshkosh Chapter 27 – Page 24 Municipal Code SECTION 27-43 CAPPING METERS (A) Loading zones. Persons entitled to loading zones shall apply to the Chief of Police for this privilege; and loading zones shall be authorized when approved by the Chief or designee. The Chief of Police or designee shall furnish hoods or caps, or window placards for use in non-metered parking spaces, to those applicants who are eligible. Any person granted such loading zone privilege, who shall leave a meter capped or whose vehicle remains in the non-metered parking space after the time as determined by the Chief of Police or designee shall be guilty of a violation. (B) For business purposes; fees. The Chief of Police or designee may issue hoods or caps for parking meters, or placards for use in non-metered parking spaces, for a fee of Two Dollars ($2.00) per day or Seven Dollars and Fifty Cents ($7.50) per week, or Twenty-five Dollars ($25.00) per month to all persons who make application therefor whenever in the opinion of the Chief of Police or designee the use of a hood or cap, or window placard is a practical necessity for short-tem, construction or business purposes only. This special permit is not to be used for residential purposes or in lieu of any other parking permit process under this Chapter. A record of all hoods or caps, or placards issued and moneys collected shall be kept by the Police Department; and the moneys shall be turned over to the City Treasurer once a month for deposit in the parking meter fund. (C) Vehicles using this privilege shall comply with all rules and regulations governing parking within the City. Any placard used under this section shall be placed over the rearview mirror of the front windshield or in such other conspicuous place as the Police Department may designate, while the motor vehicle is in a parked position. If in the opinion of the Chief of Police, the privilege herein authorized is misused by any applicant, the Chief shall forthwith revoke said privilege and repossess the hood or cap, or placard, and the balance of any fee paid for said privilege shall not be returnable. (G) Violation. No person shall park a vehicle in any loading zone or meter stall where the meter is capped, except persons operating under loading zone or meter capping, or placard privileges. SECTION 27-44 PARKING OF VEHICLES (A) Proper parking and payment. When any vehicle shall be parked next to a parking meter, the owner or operator shall park within the area designated by the curb or street marking lines, and upon entering said parking space shall immediately deposit in the meter a coin or coins up to the amount needed for the maximum legal parking limit using denominations of coins and amounts thereof as prescribed on the face of the meter. (B) Overtime parking. Said parking space may then be used by such vehicle during the legal parking limit provided or such fraction thereof as the amount of the coins deposited bear to the cost of the legal limit; and said vehicle shall be considered as unlawfully parked if it remains in said space beyond the legal parking limit or such fraction thereof as the coin or coins deposited bear to the cost for the legal limit or when said parking meters display a signal showing illegal parking. (C) Proper parking and payment for Pay and Display Areas. When a vehicle is parked in a Pay and Display area, the owner or operator shall park within the area designated by the curb or street City of Oshkosh Municipal Code Revised 01/25/22 City of Oshkosh Chapter 27 – Page 25 Municipal Code marking lines and upon entering said parking space shall immediately proceed to a Pay and Display machine to purchase a ticket for the needed time, which must be displayed in the vehicle according to the rules provided on the ticket or machine. Said parking space may then be used by such vehicle during the legal parking limit provided, and if said vehicle remains beyond the legal parking limit it shall be considered unlawfully parked. SECTION 27-45 RESERVED (Formerly - TWO (2) HOUR METERED CITY OWNED PARKING LOT) SECTION 27-46 RESERVED (Formerly - PARKING PERMITS) SECTION 27-47 RESERVED (Formerly - MUNICIPAL PARKING RAMPS) SECTION 27-48 RESERVED (Formerly - PERMIT PARKING AREAS) SECTION 27-49 RESERVED (Formerly - LEASED PARKING AREAS) SECTION 27-50 RESERVED (Formerly -WEST 8TH AVENUE PARKING LOT) SECTION 27-51 RESERVED (Formerly - WEST TENTH AVENUE PARKING LOT) ARTICLE VII. ENFORCEMENT OF PARKING RESTRICTIONS SECTION 27-52 ENFORCEMENT OF PARKING RESTRICTIONS A. Traffic officers observing violations of the parking restrictions specified within this chapter may issue parking tickets which shall be attached to the vehicle parked in violation. Each parking ticket shall specify: 1. The location of the vehicle parking in violation of the provisions of this chapter. 2. The license plate number, state of licensing, and make of the vehicle. 3. The time at which such vehicle is parking in violation of the provisions of this chapter. 4. Any other facts the traffic officer deem appropriate. B. Every time period that a vehicle remains in excess of the posted limit will constitute a new violation. In areas where the time limit is greater than 15 minutes and is less than one hour, regulated by parking meters or by sign, a separate violation occurs every hour that the vehicle remains in violation. C. Pay and Display Violation: Penalties for violations of pay and display stations owned by the City of Oshkosh Municipal Code Revised 01/25/22 City of Oshkosh Chapter 27 – Page 26 Municipal Code University of Wisconsin-Oshkosh and installed on City streets are established by the University of Wisconsin-Oshkosh pursuant to the authority granted to the Board of Regents of the University of Wisconsin system under section 20.285(1)(h), 36.11(8)(a) and 36.11(9)(b) Wis. Stats. and in turn granted by the Board of Regents to the chancellor. It is the intention of this ordinance to include by such reference all provisions in effect at the time of the adoption of this ordinance or future amendments, revisions or recodificiation effective upon adoption by the Board of Regents of the University of Wisconsin System. SECTION 27-53 BASIC PENALTIES FOR VIOLATIONS UPON ISSUANCE OF PARKING TICKET The basic penalty for violation of the listed parking violations shall be as follows: No parking 2 a.m. to 5 a.m. ....................................... $15 Parked on private property ...................................... $15 Prohibited parking (signed) ..................................... $15 Overtime parking violation ..................................... $15 Failure to properly display permit .......................... $15 Fraudulent use of parking permit ........................... $15 Disabled Parking Violation .................................... $150 Fire lanes ...................................................................... $50 Other violations .......................................................... $15 SECTION 27-54 PAYMENT OF PARKING VIOLATIONS; TIME LIMITS; FAILURE TO PAY PARKING TICKETS Each owner or operator shall pay to the City as a penalty the basic penalty established for the violation as enumerated in section 27-53. Failure to make payment of the penalty, or to appeal or contest the ticket within ten (10) days of the issuance of the ticket, shall result in the issuance of a written notice of violation. With the issuance of the written notice of violation, a fifteen dollar ($15.00) administrative fee shall be assessed to the basic penalty amount. Failure to make payment of the basic penalty and administrative fees as assessed, or to contest the ticket within thirty (30) days of the issuance of the ticket, shall result in suspension of the vehicle registration and the assessment of an additional administrative fee of twenty dollars for a total administrative fee of thirty five dollars ($35.00) added to the original basic penalty amount. The time within which payment shall be made in this section shall be computed by excluding the day of issuance of the parking ticket and including the last day of the specified time period. For tickets issued by UW-Oshkosh authorized “traffic officers”, the penalties are established by the University of Wisconsin-Oshkosh pursuant to the authority granted to the Board of Regents of the University of Wisconsin system under sections 20.285(1)(h), 36.11(8)(a) and 36.11(9)(b), Wis. Stats. and in turn granted by the Board of Regents to the chancellor. It is the intention of this ordinance to include by such reference all provisions in effect at the time of the adoption of this ordinance or future amendments, revisions or recodification effective upon adoption by the Board of Regents or the University of Wisconsin system. City of Oshkosh Municipal Code Revised 01/25/22 City of Oshkosh Chapter 27 – Page 27 Municipal Code SECTION 27-55 TRAFFIC VIOLATIONS AND REGISTRATION PROGRAM In addition to all other methods of collecting parking fines provided for in this Section, the proper City officials are hereby authorized and directed to use the procedures provided for in Section 345.28 of the Wisconsin Statutes and to take all actions authorized under said Section with regard to suspension of the registration of motor vehicles with unpaid citations. SECTION 27-56 PROCEDURE FOR CONTESTING PARKING TICKETS A. Timing of Appeals. Administrative Appeals must be taken within 30 days of the date of issuance of the ticket. Appeals to the Circuit Court must be taken with 30 days of the date of issuance of the ticket, or within 10 days of an Administrative Appeal decision. B. Administrative Appeals. The City of Oshkosh elects not to be bound by the provisions of Chapter 68 of the Wisconsin Statutes pertaining to appeals under this Article and has adopted a Policy for Appeals from Parking Tickets. Such Policy shall be kept on file in the offices of the Police Department and Parking Utility and shall be published upon the City Website. A person who has been issued a parking ticket for violation of this article may appeal such ticket by completing an appeal form and submitting such form according to the Policy. C. Appeals to Circuit Court. In lieu of an Administrative Appeal, or after an Administrative Appeal has been denied, a person who has been issued a parking ticket for violation of this article may request a hearing regarding such violation. The person shall be issued a summons and citation and such proceedings shall thereafter be governed by §345.34 to 345.47 Wis. Stats. D. Effect of Appeal/Payment Time Limits. 1. If an owner or operator of a vehicle receiving a parking ticket makes an appeal of the ticket, either administratively or to the circuit court, such appeal shall have the effect of staying the time limits within which payment shall be made as specified in section 27-54 above. 2. If upon appeal, the reviewing body determines the ticket is void, then all associated penalties and administrative charges shall also be voided and shall no longer be owed. 3. If the appeal of the ticket is denied, payment of the penalty and all administrative fees that had accrued to the date of the appeal must be made within 10 days of issuance of the written notification of the denial. If payment is not made within 10 days of the date of written notification of the denial of the appeal, then the time limits specified within section 27-54 shall no longer be stayed and time shall be counted forward with the 11th day after the appeal being counted as the first additional day for purposes of the time limits set forth in section 27-54 above proceeding from the day the appeal was filed. City of Oshkosh Municipal Code Revised 01/25/22 City of Oshkosh Chapter 27 – Page 28 Municipal Code ARTICLE VIII. BICYCLE AND IN-LINE SKATES REGULATIONS SECTION 27-57 BICYCLE REGISTRATION REQUIRED No person who resides within the City limits shall operate a bicycle upon any street, bicycle way, public right-of-way or sidewalk within the City without having first registered the bicycle as provided in this Article. No parent or guardian of any child shall authorize, allow or knowingly permit such child to operate a bicycle within the City unless said bicycle is first registered as provided in this Article. SECTION 27-58 BICYCLE REGISTRATION PROCEDURE Bicycles shall be registered within 30 days after either: 1) the date the bicycle is purchased; or 2) the date the bicycle is brought into the City. Said registration shall be permanent, lasting the lifetime of the bicycle or until ownership is transferred. Registration shall be made by filing an application setting forth the name, address, and contact information of the owner, together with a complete description of the bicycle and its serial number. Registrations can be completed online through the City website, or made in person at City Hall. There shall be no fee for the bicycle registration. SECTION 27-59 REPEALED SECTION 27-60 REPEALED SECTION 27-61 MUTILATION OF SERIAL NUMBER It shall be unlawful for any person to willfully or maliciously remove, destroy, mutilate or alter the serial number of any bicycle frame registered pursuant to this ordinance. SECTION 27-62 TRANSFER OR CANCELLATION Within ten (10) days after any bicycle registered hereunder shall have changed ownership or be dismantled and taken out of use, the person in whose name the bicycle has been registered shall report such information to City. Said report can be made online though the City website, or can be done in person at City Hall. SECTION 27-63 GENERAL REGULATIONS FOR BICYCLISTS General Regulations for Bicycles. Any person who operates a Bicycle within the City of Oshkosh shall be subject to the conditions listed below: (A) State laws applicable. Every person propelling or riding a bicycle upon a public roadway shall be subject to the provisions of all ordinances and State laws applicable to the operator of any vehicle, except those provisions with reference to equipment of vehicle and except those provisions which by their nature would have no application. City of Oshkosh Municipal Code Revised 01/25/22 City of Oshkosh Chapter 27 – Page 29 Municipal Code (B) Riding bicycle on sidewalk or walkway. Every person operating a bicycle upon a sidewalk or walkway shall yield the right-of-way to any pedestrian and shall exercise due care and give an audible signal when passing a bicycle rider or pedestrian proceeding in the same direction. No person shall operate a bicycle upon any sidewalk or other area designated under section 27-66 of this municipal code as a prohibited area for skateboards. (C) Bicycle riders to stay on right side of road. Every bicycle when operated on a public roadway shall be kept as close to the right hand curb as possible, except where bicycle lanes designate otherwise. (D) Reserved. (E) Clinging to moving vehicles prohibited. It shall be unlawful for any person riding upon a bicycle to cling to or attach him/herself or the bicycle to any other moving vehicle upon a public roadway. (F) Passengers and towing. In addition to the operator, a bicycle otherwise designed to carry only the operator may be used to carry or transport a child seated in an auxiliary child’s seat or trailer designed for attachment to a bicycle if the seat or trailer is securely attached to the bicycle according to the directions of the manufacturer of the seat or trailer. (G) Racing prohibited. No person operating a bicycle upon a public roadway shall participate in any race or speed or endurance contests with any other vehicle. (H) Acrobatic riding prohibited. No rider of any bicycle shall remove both hands from the handlebars, or feet from the pedals, or practice any acrobatic or fancy riding on any public roadway, sidewalk, public parking lot, or private parking lot without permission of the owner. (I) Riders to observe traffic regulations. Every person operating a bicycle upon a public roadway shall stop for all arterial and automatic traffic signals. (J) Turns and signals. No person shall turn a bicycle at an intersection unless the bicycle is in proper position upon the public roadway, or turn to enter a private road or driveway unless the bicycle is in proper position on the roadway as required, or otherwise turn a bicycle upon a roadway, unless and until such movement can be made with reasonable safety. In the event other traffic may be affected by such movement, no person shall so turn any bicycle without giving an appropriate signal in the manner provided. Such signal shall be given continuously during not less than the last one hundred (100) feet traveled by the bicycle before turning. When given by hand and arm, such signals shall be given from the left side of the bicycle in the following manner and shall indicate as follows: (1) Left turn - Hand and arm extended horizontally. (2) Right turn - Hand and arm extended upward. (3) Stop or decrease speed - Hand and arm extended downward. (K) No parking on sidewalks. No such bicycle shall be left or parked in the right-of-way unless the bicycle is properly parked within or fastened or chained to a bicycle rack. No bicycle shall be left in a manner to obstruct a sidewalk. City of Oshkosh Municipal Code Revised 01/25/22 City of Oshkosh Chapter 27 – Page 30 Municipal Code (L) Reserved (M) One-way Streets. Every person while operating a bicycle on a one-way street shall operate said bicycle single file in the direction of the one-way traffic. SECTION 27-64 REQUIRED EQUIPMENT FOR BICYCLES (A) Lights required. Every bicycle operated upon the public roadways and sidewalks of the City between a half-hour after sunset and a half-hour before sunrise shall be equipped with a lamp firmly attached or affixed on the front of such vehicle, exhibiting a white light visible from a distance of at least five hundred (500) feet to the front, and with a lamp on the rear, exhibiting a red light visible from a distance of five hundred (500) feet to the rear, except that a red reflector approved by the Industrial Commission of the State of Wisconsin may be used in lieu of a rear light. (B) Brakes required. Every bicycle when operated upon a public roadway or sidewalk shall be equipped with a brake adequate to control the movement of and to stop such vehicle whenever necessary. Such brake shall be maintained in good working order at all times. SECTION 27-65 GENERAL REGULATIONS FOR USE OF IN-LINE SKATES (A) State laws applicable. Every person using in-line skates upon a public roadway shall be subject to the provisions of all ordinances and State laws applicable to the operator of any vehicle, except those provisions with reference to equipment of vehicle and except those provisions which by their nature would have no application. (B) Sidewalks or walkways. Every person using in-line skates upon a sidewalk or walkway shall yield the right-of-way to any pedestrian and shall exercise due care when passing any other persons proceeding in the same direction. (C) In-line skaters to stay on right side of road. Every person using in-line skates on a public roadway shall keep as close to the right hand curb as possible, except that if a roadway has a designated bicycle lane persons using in-line skates shall use the designated bicycle lane on that roadway. (D) Clinging to moving vehicles prohibited. It shall be unlawful for any person using in-line skates to cling to or attach to any bicycle or other moving vehicle upon a public roadway. (E) Observance of traffic regulations. Every person using in-line skates upon a public roadway shall stop for all arterial and automatic traffic signals. (F) One-way Streets. Every person using in-line skates upon a one-way street shall proceed in the direction of the one-way traffic. (G) Operating two (2) abreast prohibited. Every person when using in-line skates upon a public roadway shall proceed in single file only. City of Oshkosh Municipal Code Revised 01/25/22 City of Oshkosh Chapter 27 – Page 31 Municipal Code (H) Yielding to Traffic. The operator of a vehicle shall yield the right-of-way to a user of in-line skates in the same manner as for Bicyclists and pedestrians under sections 346.23, 346.24, 346.37 and 346.38 of the Wisconsin Statutes. Every person when using in-line skates shall, upon entering a public roadway, yield the right-of-way to motor vehicles, except that a person using in-line skates shall be subject to the same regulations as bicyclists and pedestrians under sections 346.23, 346.24, 346.37 and 346.38 of the Wisconsin Statutes. SECTION 27-66 SKATEBOARD REGULATIONS (A) No person shall operate, ride or propel a skateboard on any property stated in this subsection. (1) On any public parking ramp or parking lot or any other municipally owned property, except in the skateboard park located in Red Arrow Park and all other parks unless signs are posted prohibiting it. (2) On public or private property including parking lots, parking ramps, sidewalks, or any other property where signs are posted prohibiting skateboarding. For property to be posted, a sign at least 11 inches square must be placed in a conspicuous place on the property. The sign must carry an appropriate notice and the name of the person giving the notice followed by the word “owner” if the person giving the notice is the holder of legal title to the land, and by the word “occupant” if the person giving the notice is not the holder of legal title but is the lawful occupant of the land or is in lawful possession thereof. (B) Sidewalks or walkways. Every person using a skateboard upon a sidewalk or walkway shall yield the right-of-way to any pedestrian and shall exercise due care when passing any other persons proceeding in the same direction. SECTION 27-66.2 BICYCLE LANE RESTRICTIONS On public roadways where bicycle lanes are designated, persons propelling a bicycle, persons using in-line skates and persons using an Electric Scooter or an Electric Personal Assistive Mobility Device within the public roadway shall use the designated bicycle lane and shall obey all traffic statutes, ordinances and regulations applicable to such devices and activities upon the public roadway. No person shall operate a motorcycle, motor bicycle, moped, or any other type of motor vehicle in or upon a designated Bicycle Lane except as may be necessary to merge into the lane before turning at or when crossing such Bicycle Lane at intersections, for purposes of ingress/egress to properties adjacent to the roadway or to utilize a legal parking lane or space. Any type of motor vehicle shall yield the right of way to bicycles, Electric Scooters, Electric Personal Assistive Mobility Devices or in-line skaters within the Bicycle Lane. No person shall use roller skates, skate boards or any other play vehicle within the designated bicycle lane. City of Oshkosh Municipal Code Revised 01/25/22 City of Oshkosh Chapter 27 – Page 32 Municipal Code SECTION 27-66.4 ELECTRIC SCOOTER AND ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE REGULATIONS (A) Definitions. The following words, when used in this section, shall have the following meanings: (1) “Electric Scooter” has the meaning given in section 340.01 of the Wisconsin Statutes. (2) “Electric Personal Assistive Mobility Device” has the meaning given in section 340.01 of the Wisconsin Statutes. Electric Personal Assistive Mobility Devices are also known to the public as Segways or Segway type devices. (B) General Regulations for Operation of Electric Scooters and Electric Personal Assistive Mobility Devices. Consistent with the authority in Wis. Stat. 349.236 and Wis. Stat. 349.237, the following restrictions apply to the operation and rental of Electric Scooters and Electric Personal Assistive Mobility Devices: (1) State traffic laws applicable. Every person operating an Electric Scooter or an Electric Personal Assistive Mobility Device upon a public roadway shall be subject to the provisions of all ordinances and State laws applicable to the driver of any vehicle, including but not limited to obeyance of traffic signals, yielding of right-of-way, and stopping and turning; except those provisions with reference to equipment of vehicle and except those provisions which by their nature would have no application. (2) Prohibition on Roadways with speed limits in excess of 25 mph. The operation of an Electric Scooter or an Electric Personal Assistive Mobility Device on a roadway having a speed limit of more than 25 miles per hour is prohibited except within designated bike lanes. (3) Prohibition on Sidewalks. The operation of an Electric Scooter or an Electric Personal Assistive Mobility Device on any sidewalk is prohibited. This provision does not apply to the operation of an Electric Scooter or an Electric Personal Assistive Mobility Device on any sidewalk at a permanent or temporarily established driveway. (4) Drivers to stay on right side of road. Every Electric Scooter or an Electric Personal Assistive Mobility Device when operated on a public roadway shall be kept as close to the right hand curb as possible, except where bicycle lanes designate otherwise. (5) Clinging to moving vehicles prohibited. It shall be unlawful for any person operating an Electric Scooter or an Electric Personal Assistive Mobility Device to cling to or attach him/herself or the device to any other moving vehicle upon a public roadway. (6) Passengers and towing. In addition to the driver, an Electric Scooter or an Electric Personal Assistive Mobility Device designed to carry only the driver may not be used to carry or transport any other person or any trailer or other device attached to the Electric Scooter or the Electric Personal Assistive Mobility Device. City of Oshkosh Municipal Code Revised 01/25/22 City of Oshkosh Chapter 27 – Page 33 Municipal Code (7) Racing prohibited. No person operating an Electric Scooter or an Electric Personal Assistive Mobility Device upon a public roadway shall participate in any race or speed or endurance contests with any other vehicle. (8) Acrobatic riding prohibited. No rider of any Electric Scooter or an Electric Personal Assistive Mobility Device shall remove both hands from the handlebars, or practice any acrobatic, trick or reckless riding on any public roadway or public parking lot, or private parking lot without permission of the owner. (9) No parking on sidewalks. No Electric Scooter or Electric Personal Assistive Mobility Device shall be left or parked in the right-of-way unless the Electric Scooter or Electric Personal Assistive Mobility Device is properly parked within or fastened or chained to a bicycle rack. No Electric Scooter or Electric Personal Assistive Mobility Device shall be left in a manner to obstruct a sidewalk. Any Electric Scooter or Electric Personal Assistive Mobility Device in violation of this provision shall be subject to impoundment pursuant to Section 27-66.6. (C) Short-term Commercial Rental of Electric Scooter or an Electric Personal Assistive Mobility Device. (1) The short-term commercial rental of Electric Scooters and Electric Personal Assistive Mobility Devices to the public is prohibited. (2) Notwithstanding the foregoing, the short-term commercial rental of Electric Scooters and Electric Personal Assistive Mobility Devices to the public shall be permitted if conducted through Docked Mobility Systems and authorized through a pilot program administered by the Department of Community Development. See Section 27-66.6 for further information regarding the Docked Mobility System Pilot Program. SECTION 27-66.6 DOCKLESS AND DOCKED MOBILITY SYSTEMS (A) Definitions. The following words, when used in this section, shall have the following meanings: (1) “Docked Mobility System” shall mean a system of Mobility Devices, made available for shared use to individuals on a short-term basis and require structures at permanent fixed locations where rides must begin and end. (2) “Dockless Mobility System” shall mean a system of Mobility Devices, made available for shared use to individuals on a short-term basis which do not require structures at permanent fixed locations where rides must begin and end. (3) “Mobility Device” means a vehicle, whether motorized or not, including a bicycle, electric scooter, and Electric Personal Assistive Mobility Devices, skateboards, or any other micro- mobility vehicle that is exempt from state registration under Wis. Stat. Ch. 341. City of Oshkosh Municipal Code Revised 01/25/22 City of Oshkosh Chapter 27 – Page 34 Municipal Code (4) “Operator” Means any person who owns, leases, offers to rent, collects, distributes, repairs, services, charges, or otherwise control a Dockless Mobility System or Docked Mobility System. (5) “Person” Means any individual, firm, corporation, limited liability company, partnership or association (B) Prohibitions (1) No person shall operate a Dockless Mobility System within the City. (2) No person shall operate a Docked Mobility System within the City unless the Operator participates in a pilot program administered by the Department of Community Development. Participation in the pilot program shall only occur upon application to the Department of Community Development and approval by Common Council. (C) Docked Mobility System Pilot Program (1) Application: Upon receipt of pilot program application, 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. (2) Denial of Application: Applications for the Docked Mobility System pilot program 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. (3) Appeals: Decisions of the Common Council shall represent the final decision of the City and such decisions may be appealed as otherwise allowed by law. (4) Revocation of Participation in Pilot Program: Any Operator’s participation in a Docked Mobility System pilot program may be revoked by Common Council at any time, including but not limited to the Operator’s violation of the pilot program requirements or Common Council’s decision to end the pilot program. (D) Removal and Disposal of Mobility Devices (1) Removal. If the Chief of Police, the Director of Public Works, or any of their designees finds on any highway, street, sidewalk, or public place within the City, any of the following, the City of Oshkosh Municipal Code Revised 01/25/22 City of Oshkosh Chapter 27 – Page 35 Municipal Code Chief or Police or the Director of Public Works or other authorized agent may have the Mobility Device immediately removed to a suitable place of impoundment: (a) A Mobility Device belonging to an Operator who is operating a Dockless Mobility System (b) A Mobility Device that is in violation of the Docked Mobility System pilot program requirements. (c) A Mobility Device that is parked in violation of any ordinance, and/or is parked for more than 24 hours on any highway, street, sidewalk, or public place. If the Operator can be identified, a notice informing the Operator of the location of the Mobility Device and the procedure for reclaiming the Mobility Device shall be sent to the Operator within three regular business days. (2) Redemption Fee. Common Council shall set a Redemption Fee for impounded Mobility Devices. (3) Disposal. An impounded device shall be held a minimum of thirty days. If the impounded device is not redeemed by the Operator within thirty days by paying the Redemption Fee, then the Chief of Police, Director of Public Works, or any of their designees may dispose of the impounded device through public auction or sale, through donation to a nonprofit organization, or through scrapping the impounded device. (E) 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 Operator, or any person, organization, or entity violating this Ordinance or responsible for violating this Ordinance, shall be punishable by a forfeiture of not less than $75 nor more than $500 for each Mobility Device operated or parked in violation of this Section. Each day of violation shall be considered a separate offense. For each second and subsequent violation, the violation shall be punishable by a forfeiture of not less than $500 nor more than $1000 for each Mobility Device operated or parked in violation of this Section. In addition, the City may enforce this Section by immediately revoking the Operator’s participation in the pilot program, seeking injunctive relief, and all other remedies available in law and equity. ARTICLE IX. PENALTIES. SECTION 27-67 PENALTIES Every person convicted of a violation of any of the provisions of the following enumerated Sections of this Chapter shall for each offense be punished by the forfeitures as set forth, together with the costs of City of Oshkosh Municipal Code Revised 01/25/22 City of Oshkosh Chapter 27 – Page 36 Municipal Code prosecution and in default of payment of such fines and costs, by suspension of operating privileges or by imprisonment in the County Jail for Winnebago County for the terms hereinafter stated: (A) General Penalty - Adults. Any adult person who violates any provision of this Chapter for which a specific penalty is not provided below shall be subject to a forfeiture of not less than Seventy-five Dollars ($75.00) nor more than Five Hundred Dollars ($500.00), together with the costs of prosecution, and in default of payment thereof by imprisonment for not exceeding sixty (60) days. (B) General Penalty - Juveniles. Any juvenile person who violates any provision of this Chapter for which a specific penalty is not provided below shall be subject to a forfeiture of not less than Fifty dollars ($50.00). (C) Bicycle, Electric Scooters and Electric Personal Assistive Mobility Devices Violations - Adults. A forfeiture of not less than fifteen dollars ($15.00) nor more than five hundred dollars ($500.00) and in default of payment thereof suspension of operating privileges for a period not exceeding 60 months for a violation of any of the following: Sections 27-57 through 27-64; 27-66.4 (D) Bicycle, Electric Scooters and Electric Personal Assistive Mobility Devices Violations - Juveniles. A forfeiture of not less than fifteen dollars ($15.00) nor more than five hundred dollars ($500.00) and in default of payment thereof suspension of operating privileges for a period not exceeding 60 months for a violation of any of the following: Sections 27-57 through 27-64; 27-66.4 (E) In-line Skate Violations - Adults. A forfeiture of not less than ten dollars ($10.00) nor more than fifteen dollars ($15.00) and in default of payment thereof suspension of operating privileges for a period not exceeding 60 months for a violation of any of the following: Section 27-65 (F) In-line Skate Violations - Juveniles. A forfeiture of not less than ten dollars ($10.00) nor more than fifteen dollars ($15.00) and in default of payment thereof suspension of operating privileges for a period not exceeding 60 months for a violation of any of the following: Section 27-65 (G) Adoption of State of Wisconsin Revised Uniform State Traffic Deposit Schedule. The penalties pertaining to violation of state traffic codes, adopted under section 27-7 of this municipal code, as promulgated by the Wisconsin Judicial Conference, specifically the Revised Uniform State Traffic Deposit Schedule, together with any future additions, deletions or supplements thereto, are herewith incorporated as part of this Chapter with the same force and effect as though set forth in full herein.