Fiscal Note
No appropriation is necessary.
Title
Amending Sections 8.188 and 1.08(3)(a) of the Madison General Ordinances regarding the use of specified City piers and boat launches.
Body
DRAFTER'S ANALYSIS: Sec. 8.188 prevents any person from using a boat launch or pier within specified City parks for any purpose other than launching or removing the boat from the water. It has come to the City’s attention that the existing agreement with Westport Marine, Inc. (dba Betty Lou Cruises) to use the City’s pier at Olin Park allows a use that is contrary to this ordinance. Furthermore, other parties have approached the City about the possibility of entering into contracts with the City to use the City’s pier and launches for otherwise prohibited activities. As the City may not contract around compliance with ordinance requirements, it is necessary to amend the existing ordinance to allow for such contracts, both to expressly allow for the Betty Lou agreement and to make other agreements possible. Any resulting agreement would still need to be properly approved by the Board of Park Commissioners and the Common Council. In addition, this ordinance updates the penalty provisions of this section to allow for a greater penalty for third and subsequent offenses within a year to account for a recent situation where commercial interests have not been deterred from the private use of City piers and launches by the existing citations amounts. The updated penalty structure is consistent with penalties for violating the public nuisance provisions of Sec. 8.15, and still allows for smaller penalties for more isolated violations.
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The Common Council of the City of Madison do hereby ordain as follows:
1. Section 8.188 entitled “Anchoring and Mooring of Watercraft Regulated” of the Madison General Ordinances is amended to read as follows:
“8.188 ANCHORING AND MOORING OF WATERCRAFT REGULATED.
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