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Ordinance repealing and amending various sections of the Wauwatosa Municipal Code to dissolve the Board of Parks and Forestry Commissioners
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The Common Council of the City of Wauwatosa do hereby ordain as follows:
Part I. Chapter 2.38 of the Wauwatosa Municipal Code is hereby repealed in its entirety.
Part II. Subsection 3.20.040(5) of the Wauwatosa Municipal Code is hereby repealed in its entirety.
Part III. Section 6.96.010 of the Wauwatosa Municipal Code is hereby amended to read as follows:
“No person, firm or corporation shall sell any commodity upon the grounds or within any building at Hart Park without first securing a concession permit from the City of Wauwatosa director of public works or their designee.”
Part IV. Section 6.96.020 of the Wauwatosa Municipal Code is hereby amended to read as follows:
“A concession permit fee for the privilege of vending at Hart Park shall be in the amount of fifteen dollars per day. The director of public works or their designee may in their discretion in lieu of such permit fee assess a vender in the amount of ten percent of the gross daily receipts when the concession is for an extended period of time and the director of public works deems such arrangement to be appropriate and in the public interest. Such concession permit shall be obtained from the park department. The park department may issue a permit without assessing a fee to any civic, nonprofit, charitable or benevolent association or organization which is certified as exempt from such fee by the director of public works.”
Part V. Section 6.96.030 of the Wauwatosa Municipal Code is hereby amended to read as follows:
“Application shall be made to the department of public works by those civic, nonprofit, charitable or benevolent associations or organizations, or veterans issued a special license due to disability as provided for under Section 440.82, Wisconsin Statutes, that desire to be certified for exempt status under this chapter. It shall be within the discretion of the director of public works to determine whether such applying organization or association properly qualifies for exempt status in accord with the intent of this chapter. Appeal from the decision of the director of public works as to the exempt status shall be to the common council of the city of Wauwatosa.”
Part VI. Section 6.96.040 of the Wauwatosa Municipal Code is hereby amended to read as follows:
“The rental of a park facility by any nonexempt organization shall include within its rental fee the privilege of vending for those purposes that are allowable under the park rules outlined in Section 7.64.020.”
Part VII. Section 6.96.050 of the Wauwatosa Municipal Code is hereby amended to read as follows:
“All permittees are required to comply with the rules of the city ordinances and/or reasonable orders of park division personnel. Failure to so comply shall justify immediate suspension of such privilege granted by the concession permit.”
Part VII. Section 7.64.010 of the Wauwatosa Municipal Code is hereby amended to read as follows:
“The board of public works, pursuant to the powers granted to it by Section 62.14, Wisconsin Statutes, has the authority to approve various policies related to City parks, including the Parks and Forestry Manual, as well as to create rules and regulations for the City parks. The board of public works has enacted the following rules and regulations to promote the orderly governing, management, improvement and care for the parks, parkways, boulevards and pleasure drives located within the city limits of Wauwatosa, and to secure the quiet, orderly and suitable use and enjoyment thereof by the people, which rules and regulations are approved and adopted by the common council of the city of Wauwatosa.”
Part IX. Subsection 7.64.015(7) of the Wauwatosa Municipal Code is hereby created to read as follows:
“Firefly Grove Park; 1900 N. 116th Street”
Part X. Subsection 7.64.020(1) of the Wauwatosa Municipal Code is hereby amended to read as follows:
“Whoever does any of the following within a city park in the city of Wauwatosa may be punished by a forfeiture of an amount not to exceed one hundred dollars, plus costs of prosecution. Any individual violating park rules is also subject to the city's park rules and behavioral policy:”
Part XI. Subsection 7.64.030(6) of the Wauwatosa Municipal Code is hereby created to read as follows:
“Usage agreements, for events that are ongoing or more than one specific date, between the City and nonprofit or for-profit entities shall be reviewed and approved by the Community Affairs Committee.”
Part XII. Section 7.64.060 of the Wauwatosa Municipal Code is hereby amended to read as follows:
“Within ten days after receipt of an application, the director of public works or designee shall apprise an applicant in writing of his reasons for refusing a permit, and any aggrieved person shall have the right to appeal in writing within ten days after being refused a permit to the board of public works, which shall consider the application under the standards set forth above. The decision of the board of public works shall be final.”
Part XIII. Section 12.08.080 of the Wauwatosa Municipal is hereby renamed to “Trees On Public Highways - Interference with Public Works Prohibited” and amended to read as follows:
“No person, corporation, or association shall prevent, delay, or interfere with the department of public works or its employees in the planting, pruning, spraying, or removing of a tree or trees or shrubs, living or dead, in that part of any street lying between the lot line and the curb or in the center or side plots of boulevards in the city, or from removing stone, cement, lumber, or other substance placed about a tree or shrub in a highway in the city contrary to the provisions of Sections 12.08.030 to 12.08.100.”
Part XIV. This ordinance shall take effect upon passage and publication.
By: Community Affairs Committee
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Recommendation: Adopt 5-0