Protection and Welfare Committee

City of Oconomowoc Protection & Welfare Committee Aldermen: Rosek, Chairman / Rogers, Secy / Schellpeper Wednesday, November 04, 2020 - 6:45 PM City Hall - Council Chambers (or immediately following Committee-Of-The Whole) Notice: If a person with a disability requires that the meeting be accessible or that materials at the meeting be in accessible format, call the City Clerk at least 48 hours prior to the meeting to request adequate accommodations. Tel: 569-2186. 1. Call to order and confirmation of appropriate meeting notification 2. Committee Business a. Consider/recommend Proposed Revisions to Multiple City of Oconomowoc Ordinances Prompted by Inter-Municipal Agreement with Western Lakes Fire District b. Consider/recommend Proposed Creation of Ordinance 17.111(10) of the City of Oconomowoc Zoning Code Regarding Food Trucks/Mobile Food Shops 3. Adjourn ________________________________ Diane Coenen, City Clerk City of Oconomowoc Notice is hereby given that a majority of the Common Council will be present at the above scheduled meeting to gather information about a subject over which they have decision-making responsibility. This constitutes a meeting of the Common Council pursuant to State ex rel. Badke v. Greendale Village Board, 173Wis. 2d 553, 494 N.W. 2d 408 (1993) and must be noticed as such, although the Common Council will not take any formal action at this meeting. 1  Municipal LAW & LITIGATION GROUP DALE W. ARENZ, RETIRED 730 N. GRAND AVENUE PAUL E. ALEXY DONALD S. MOLTER, JR., RETIRED WAUKESHA, WISCONSIN 53186 MATTED REGINATO JOHN P. MACY Telephone (262) 548-1340 LUKE A. MARTELL H. STANLEY RIFFLE Direct Dial (262) 806-0214 SAMANTHA R. SCHMID COURT COMMISSIONER Facsimile (262) 548-9211 STEPHEN J. CENTINARIO, JR. ERIC J. LARSON Email: sriffle@ammr.net AMY E. FRY-GALOW REMZY D. SITAR CHRISTOPHER SCHULZ ANTHONY GARCIA SADIE R. ZURFLUH October 28. 2020 MEMO To: Protection and Welfare Committee Re: Proposed Ordinance Revisions prompted by WLFD Inter-Municipal Agreement. Mayor and Alderpersons: The disbanding of the Fire Department and contract for services with WLFD has prompted the need to revise multiple ordinance provisions. Alderman Rosek and the Mayor directed me to prepare drafts of the necessary revisions. Attached are draft Ordinances and redline text of the proposed changes for your consideration. The Ordinances in question are: • Revised ordinance text and Draft Implementing Ordinance — 1.37 Police Commission (also revises Police Department Ordinances) • Revised ordinance text and Draft Implementing Ordinance — 1 .19 Fire Chief • Revised ordinance text and Draft Implementing Ordinance 1.19 Fire Department • Revised ordinance text and Draft Implementing Ordinance — 1 .205 Public Safety Director • Revised ordinance text and Draft Implementing Ordinance — 1.20 Police Chief • Revised ordinance text and Draft Implementing Ordinance — 1.03 General Appointed Positions I thank Alderman Rosek for his input on these issues. MUNICIPAL LAW & LITIGATION GROUP, S.C. H. Stanley Riffle, City Attorney HSRJsec MUNICIPAL LAW & LITIGATION GROUP, S.C. ARENZ, MOLTER, MACY, RIFFLE, LARSON & BITAR 2  ORDINANCE No. 20- AN ORDINANCE TO REPEAL AND RECREATE §1.37 AND TO AMEND §1.03, 1.20, 4.02, 4.03 AND 4.04 OF THE CITY OF OcoNoiowoc MUNICIPAL CODE POLICE AND FIRE COMMISSION The Common Council of the City of Oconomowoc. Waukesha County, Wisconsin. do ordain as follows: WHEREAS, The Common Council created a Police and Fire Commission to perform required responsibilities mandated under Wisconsin Statutes § 62.13; WHEREAS, the City has disbanded the City Fire Department and now provides fire and emergency services through an Inter—Municipal Agreement creating a multi-jurisdictional fire and rescue Department known as the Western Lakes Fire District: and WHEREAS, the Inter-Municipal Agreement created a multi-jurisdictional Fire Commission to perform required responsibilities mandated under Wisconsin Statutes § 62.13 as concerns the Fire Department: and: and WHEREAS, there is no longer any need for a Police and Fire Commission in the City — only a Police Commission. NOW, THEREFORE, it is ordained that Section 1.37 of the City of Oconomowoc Code of Ordinances is hereby repealed in its entirety and recreated to read: 1.37 POLICE COMMISSION. - (1) The Police Commission shall consist of 5 members. 3 of whom shall constitute a quorum. The Mayor shall annually, between the last Monday of April and the first Monday of May, appoint in writing, to be filed with the Secretary of the Commission, one member for a 5-year term. All appointments shall be subject to confirmation by the Council. No appointment shall be made which will result in more than 3 members of the Board belonging to the same political party. All members shall be residents of the City and shall maintain residency during their 3  ___________ ___________ _______ term. Members of the Board shall serve without compensation. The Board shall keep records of its proceedings. (2) In addition to the members provided for in sub. (1). the Mayor shall appoint. for a term of one year, subject to confirmation by the Council, one alderman to serve with the Board as an ex officio nonvoting member. IT IS FURTHER ORDAINED that Sections 1.03, 4.02. 4.03 and 4.04 of the City of Oconomowoc Code of Ordinances is hereby amended to replace Po1ice and Fire Commission” with ‘Police Commission.” This ordinance shall become effective upon passage and publication as required by law. DATED: CITY OF OCONOMOWOC By: Robert P. Magnus. Mayor ATTEST: Diane Coenen, Clerk Date Adopted: Date Published: Effective Date: 4 1.37 POLICE AND FLRE COMMISSION. - (1) The Police and Fire Commission shall consist of 5 members, 3 of whom shall constitute a quorum. The Mayor shall annually, between the last Monday of April and the first Monday of May, appoint in writing, to be filed with the Secretary of the Commission, one member for a 5- year term. All appointments shall be subject to confirmation by the Council. No appointment shall be made which will result in more than 3 members of the Board belonging to the same political party. All members shall be residents of the City and shall maintain residency during their term. Members of the Board shall serve without compensation. The Board shall keep records of its proceedings. (Am. #06-0653; #07-0704) (2) In addition to the members provided for in sub. (1), the Mayor shall appoint, for a term of one year, subject to confirmation by the Council, one alderman to serve with the Board as an ex officio nonvoting member. 5  ORDINANCE No. 20- AN ORDINANCE TO REPEAL. § 1.19 AND AMEND § 1.03 OF THE CITy OF OcONoi’Iovoc MUNICIPAL CODE FIRE CHIEF The Common Council of the City of Oconomowoc. Waukesha County. Wisconsin. do ordain as follows: WHEREAS, The Common Council created the position of Fire Chief to lead and manage the fire and rescue services of the City under the provisions of Chapter 5 of the City Code of Ordinances; and WHEREAS. the City has disbanded the City Fire Department and now provides fire and emergency services through an Inter-Municipal Agreement creating a multi-jurisdictional fire and rescue Department known as the Western Lakes Fire District; and WHEREAS, there is no longer any need for the position of Fire Chief in the City. NOW, THEREFORE, it is ordained that Section 1.19 of the City of Oconomowoc Code of Ordinances is hereby repealed in its entirety. IT IS FURTHER ORDAINED that Section 1.03 of the City of Oconornowoc Code of Ordinances is hereby amended to remove all reference to the Fire Chief. This ordinance shall become effective upon passage and publication as required by law. 6  ________________ _________________ DATED: CITY OF OCONOMOWOC By: Robert P. Magnus, Mayor ATTEST: Diane Coenen, Clerk Date Adopted: - Date Published: Effective Date: - 7 1 19 FTRP CT-IIFF (Am H9’ fl9) (1) APPOINTMENT AND TERM. The Fire Chief shall beg full time officer, appointed by the Police and Fire Commission. who shall hold office during good behavior, subject to suspension or removal by the Commission for cause. The Fire Chief shall be under the direct supervision of the Director of Public Safety. The Director of Public Safe’ may also be Fire Chief. (2) GENEPL DUTIES. The Fire Chief shall perfo such duties as are prescribed in Ch. 5 of this Municipal Code and such other duties as may be prescribed by the Director of Public Safety, the City Council or both. (3) DUTY OF REPORTING. The Fire Chief shall make annual reports to the Director of Public Safety and the City Council on the condition of the Fire Department and shall recommend to the Director of Public Safe the purchase of such supplies and apparatus for the Fire Department as may be deemed necessary. The Fire Chief shall. in addition to the making of the annual reports to the Director of Public Safety and City Council. make and attach to each report a brief inin,qrz or recapitulation bn”n activities of the previous year as well as the number and salaries of the rnemvi ui me iiepartment for the previous year. 8  ORDINANCE No. 20- AN ORDINANCE TO REPEAL AND RECREATE §5.01 THROUGH 5.12 OF THE CITY OF OcoNoNIowoC MUNICIPAL CODE FIRE DEPARTMENT The Common Council of the City of Oconornowoc. Waukesha County, Wisconsin. do ordain as follows: WHEREAS, The Common Council promulgated Sections 5.01 through 5.12 of the Municipal Code regulating the City Fire Department; and WHEREAS, the City has disbanded the City Fire Department and now provides fire and emergency services through an Inter-Municipal Agreement creating a multi-jurisdictional fire and rescue Department known as the Western Lakes Fire District; and WHEREAS, there is no longer any need for Sections 5.01 through 5.12 of the Municipal Code regulating the City Fire Department. NOW, THEREFORE, it is ordained that Sections 5.01 through 5.12 of the City’ of Oconomowoc Code of Ordinances is hereby repealed and recreated as follows: 5.01. - ADOPTION OF INTER-MUNICIPAL AGREEMENT. (1) The City has entered into an Inter-Municipal Agreement that created Western Lakes Fire and Rescue Department. the terms of said inter-municipal agreement incorporated herein and made part of this chapter along with any amendments duly made to such Inter-Municipal Agreement adopted subsequent to its adoption. for purposes of creating the Western Lakes Fire District, Western Lakes Fire Board, and Western Lakes Fire Commission referred to therein. (2) The Western Lakes Fire District is hereby officially recognized as the fire and rescue department of the city, and the duty of providing fire. ambulance and rescue services in the city is delegated to that department. 9  ________________ _________________ This ordinance shall become effective upon passage and publication as required by law. DATED: CITY OF OCONOMOWOC By: Robert P. Magnus, Mayor ATTEST: Diane Coenen, Clerk Date Adopted: - Date Published: Effective Date: 10 THE FIRE DEPARTMENT Font Bold 5.01. - ADOPTION OF INTER-MI’NICIPAL. AGREEMENT. (I) The City has entered into an Inter-Municipal Agreement that created Western Lakes Fire and Rescue Department. the terms of said inter-municipal agreenent incorporated herein and made part of this chapter along ith am amendments duly made to such Inter—Municipal Agreement adopted subsequent to its adoption. for purposes of creating the Western Lakes Fire District. Western Lakes Fire Board. and Western Lakes Fire Commission referred to therein. (2) The Western Lakes Fire District is hereh> officially recognized as the lire and rescue department of the city, and the duty of providing lire, ambulance and rescue services in the cit is delegated to that department. &41—URGANIZ.\TlON OFI IL FIRE DLPARI MFNT. 1 he Oconomovoc Fire Department shall be operated under 62. 13. Wis. Stats.. and the rules and regulations of the Police and Fire Commission. as approved bs the City Council. It shall consist of a Firc Chief and such subordinates as are authorized by the Council. 5.02 FIRE CHIEF. (I) APPOINTMENT AND TERM. The Fire Chief shall be appointed by the Police and Fire Commission. subject to contirmation by the City Council, to an indefinite term, subject only te-suspnsion or remoal for cause b) the Commission, as provided in §62.13. Wis. Stats. 12) POWERS AND Dt ‘TIES. (a) Command of Department. He/she shall have command and supervision of all thc members. apparatus and operations of the Department. He/shee/she shall establish rules and regulations for the Department. subject to approval by the Ci’ Council. )h) Authority at Fires. He. or the officer in charge, shall have complete command of and responsihilits for all fire fighting operations and shall plan the control of the same and direct-the actions of the tire tighters. )c) Equipment Records. He/she shall keep an inventon’ of all apparatus and equipment and the results of tests of the same. (d) Filc Records. He/she shall keep a record of every fire. the location of the same. the timc the alarnt was received, the time the Department arrived, the method of extinguishment. the equipment used, the time the fire was extinguished. the number of men and amount of equipment used and the other pertinent information. 11 (e) Annual Reports. He/she shall annuall\ submit a written report ta the Police and Fire Commission and the City Council describing the condition of the Department’s apparatus and equipment. the number of tiremcn in active sen ice and resignations or dismissals from the Department. He/she shall also report opon the drill and training program and make recommendations for the impro ed operations of the Department. (f) Budget. He she shall annuall submit to the Cit Admimstrator a proposed Department budget for the ensuing year. t-gt Other Duties. I Ic she shall perform such othcr duties as arc incumbent on the commanding atTi-cet of a Fire Department. 5O3 SUCCESSION OF At TI IORITY. i-n the absence of the Chief. the officer next highest in rank shall command. Such person. when in command, shall have the powers and duties of the Chief. 504 COMPPNSATtON- The salaries of the Chief and full time subordinates, and the fees paid to on call subordinates. shall be fixed by the City Council. 5.05 PENSIONS. Pensions for full time tiretighters shall be according to the Wisconsin Retirement Fund. 5.06 APPROPRIATIONS. the Council shall appropriate hinds to provide for the operation of the Fire Department and for aim apparatus and equipment the Council finds necessa’. 5.07 CONTRACT OR AGREEMENT FIRE PROTECTION AREAS. 4he Chief or. in his/her absence, the person next highest in rank, may, with good judgment, order personnel and equipment to combat tires beyond the City limits under the terms of any fire protection agreements. 508 MUTUAL AID. The Chief ma’. b’. agreement secure the assistance and cooperation of the fire departments of neighboring municipalities and extend like assistance and the cooperation of the Oconomowoc Fire Department to such municipalities. 500 lTcrAxTnrADrr\rUIpUAnn%DAmIlc 12 U) lhc Chief shall have control of all apparatus used by the Department and shall he responsible thr its proper maintenance. Emergenc repairs of less than $L000.00 may be authorized h> the Ch (2) No apparatus shall be used for any purpose except tirefighting within the City limits and other approed territories or in training therefor. except pursuant to approval by the Chiel (3) No person shall willfully injure an: hose of the Fire Department when laid down on any street. private driveway or other place to he used at an’ tire or alarm of fire without the consent of the Fire Department otlicial in cornmaa4 5.10 POLICE POWER OF THE FIRE DEPAR I \tI\ I See 2l3.095. Wis. Stats. 5.11 FIRF INSPECTOR. See I0I.29 and 101.14. Wis. Stats. 5.12 EMERGENCY AMBULANCE SERVICE (I) AREA. Emergency ambulance service is provided within the boundaries of the City and those areas of the adjoining municipality which are designated by the Cit) Council rcsnlnt ion as the areas of responsibility for such service. (2) POLICY AND PURPOSE. The City Council finds that the continuing increase in the cast of providing adequate emergency ambulance service to the area of responsibility has created a need for additional nds to provide these services. The following provisions are authorized, and it is further declared that the fees are levied solek for the purpose of providing re ernie to help defray the cost of the sen’ices covcrcd by the emergency ambulance fee. (3) IMPOSITIONS. (Am. 1198 0108:1199 0159:1102 0520:1103 0553: #03 0585: #05 0617: #10 0783:1111 0808;#I20837:#Il 0871) (a) The Fire Chief shall collect transport fees as follows: I. In City ambulance transport fee: $600.00 2. Extraterritorial ambulance transport fee: $650.00. 3. Advanced life support fees: a. When EMT IV Tech skills are used, additional charge per call: Resident: $50.00. Nonresident: $75.00. 13 4. Patient evaluation with no transport and canceled response while ambulance is already en route to scene. Billing w ill be pursuant to the terms of the ambulance service contract. a. When patient evaluation skills are used hut no transport is required: $200.00. b. When ALS I skills are used but no transport is required: Resident: $500.00. c-—When ALS I skills are used but no transport is required: Nonresident: $600.00. (-b4-The Fire Department shall charge a fee. determined by the Deputy Fire Chief, for disposable medical service equipment and supplies used at medical emergency incidents. tel The Fire Chief shall collect the following mileoge charges: 1-—Per loaded mile or any fraction thereoL inclusive: t—tn City ambulance transport: S 15.00. b. Extraterritorial ambulance transport: $16.00. 2-—Ambulanee transport fee to other than Oconomowoe Memorial Hospital or Aurora Medical Center in Summit. over and abose base rate: $200.00 plus aileage. 3-—Amhulanee stand by service, per hour: $1 75.011. t L-6)’sgen: $60.00. 1—Spinal immobilization: $150.00. (44-TEE SCHEDULE. tAm. 1198 0408: 1199 0459: 1102 0520; 1103 0553; 1103 0585; 1105 0617: 1105 0612) The fees as provided under this section shall be based on actual costs. and the Fire Chief shall annually present to the City Council for approval a fee schedule based on the approved emergency ambulance service budget. The fee schedule shall encompass manpower. equipment. material and maintenance costs in such form as to ensure proper charges for emergenes ambulance services rendered. The above schedule shall become etleetive January I. 2006. Re isions in the schedule of fees may be made from time to time by City Council a (51 CHARGES FOR SERVICE. The above fees shall be binding upon all persons receiving such sseices as welt as their heirs, successors and assigns. (6) DISPOSITION OF FUNDS. All monies received under the provisions of this section shall be placed in an account set up for the express purpose of funding expenses neeessars to furnish emergency ambulance service by the City. 14  ORDINANCE No. 20- AN ORDINANCE TO REPEAL §1.205 AND TO AMEND §1.03 OF THE CITY OF OC0N0MOw0C MUNICIPAL CODE DIRECTOR OF PUBLIC SAFETY The Common Council of the City of Oconomowoc. Waukesha County. Wisconsin. do ordain as follows: WHEREAS, The Common Council created the position of Public Safety Director to, among other things, • administer the Police and Fire Departments and be responsible for the government. efficiency and general good conduct of such Departments; • assure that the Police and Fire Chiefs perform the duties required of them by Code and if • have command of the police and fire forces of the City under the direction of the City Council; • cause the public peace to be preserved and insure that fire suppression and prevention is accomplished, enforce all laws and ordinances of the City and statutes of the State; • assign personnel of either or both the Police and Fire Departments. to prescribe. promulgate and enforce rules and regulations, general orders and special orders for the members of the Departments; and WHEREAS. the City has disbanded the City Fire Department and now provides fire and emergency services through an Inter—Municipal Agreement creating a multi-jurisdictional fire and rescue Department known as the Western Lakes Fire District; and WHEREAS. inasnnich as the City Police Chief performs the functions assigned to the Public Safety Director within the Police Department and the Western Lakes Fire Chief performs the functions assigned to the Public Safety Director within the Fire District: and WHEREAS, there is no longer any need for the position of Public Safety Director in the City. NOW, THEREFORE, it is ordained that Section 1 .205 of the City of Oconomowoc Code of Ordinances is hereby repealed in its entirety. 15  ____________ ___________ _______ IT IS FURTHER ORDAINED that Section 1.03 of the City of Oconomowoc Code of Ordinances is hereby amended to remove all reference to the Public Safety Director. This ordinance shall become effective upon passage and publication as required by law. DATED: CITY OF OCONOMOWOC By: Robert P. Magnus. Mayor ATTEST: Diane Coenen. Clerk Date Adopted: - Date Published: Effective Date: 16 1.205 DIRECTOR OF PUBIJC SAFETY. (Cr. 11920289) I I) APPOINTMENT AND TERM. The Director of Public Safee shall be a Ml time ofFicer. appointed by the Police and Fire Commission, who shall hold office during good heMs ior. subjec4 to suspension or removal by the Commission for cause. The Director of Public Satèty may also be the Police Chief, Firc Chief or both. (2) GENEL DUTIES. The Director of Public Safety shall administer the Police and Fire Departments and shall be responsible for the government, efficiency and genera! good conduct of such Depments. The Director shall assure that the Police and Fire Chiefs perform the duties rcguired of them by this Code and if the Director is also a Chief of either or both Departments. he/she shall perform the duties required of him/her in that capacity. The Director shall have command of the police and fire forces of the City under the direction of the Cbs Council. The Director shall obey’ all lawful ssriften orders of the City Administrator or the hats Council. the Director shall also cause the public peace to he preserved and insure that tire—suppression and prevention is accomplished, enforce all lows and ordinances of the Cbs and statutes of the State of which the Police and Fire Departments must take cognizance and whenes er aim iolation thereof shall come to the Director’s knowledge. he/she shall cause the requisite complaint to he made and procure the evidence for the successful prosecution of the oftdnttem (3) POWERS. The Director of Public Safety shall have the power to assign personnel of either or both the Police and Fire Departments. to prescribe, promulgate and enforce rules and regulations. eenernt orders and special orders for the members of the Departments which shall, however, not be inconsistent with the ordinances of the City or the laws of the State. (4) APPOINTMFN1S ANt) PROMOTIONS. The Director of Public Safety shall make alt appuinnnents and prmnotinns in the Departments pursuant to §62.13. Wis. Stats. This authority does nut include the appointment of Chiefs of the respective Departments which, pursuant to 6i. I 313). Wis, Stats.. shall he made by the Board of Police and Fire Commissioners. (-51 TRAINING. The Directur of Public Safety shalt have the supervision and control ofthe proper tmuining and education of alt members of the Departments and may require any or all members to attend selected police and tire training schools or programs for the attainment of the highest possible degree of development and accomplishment in the Police and Fire Departments. (61 AItSFNCF OF Ttt[ DIRECTOR OF PUBLIC SAFETY. During the absence of the Director el Public Safets. the Chiefs of the respective Departments, if the Director is not the Chief, shalt pertbrm all the duties of the Director of Public Safety’, except to appoint or promote members of the Departments or to dismiss personnel, commit City resources, allocate funds or implement policy. If the Director of Public Safety is also a chief, the next subordinate officer in mnk as established by the rules and regulations of the Department shall perform such duties for the a (7) DUTY OF REPORTING. The Director shall assure that the duties of reporting required by this Municipal Code of the Chief of Police. if he/she is not the Chief of Police. and the Fire ChieF if lie/she is not the Fire ChieF he nerfnrmed. 17  ORDINANCE No. 20- AN ORDINANCE TO AMEND § 1.20 OF THE CITY OF OCONOMOWOC MUNICIPAL CODE POLICE CHIEF The Common Council of the City of Oconomowoc. Waukesha County, Wisconsin. do ordain as follows: WHEREAS. The Common Council created the position of Police Chief to lead and manage the police services of the City under the provisions of Chapter 4 of the City Code of Ordinances and WHEREAS, Section 1.19 of the City of Oconomowoc Code establishes the position of Police Chief and provides that the duties shall be, in part, subject to the direction of the Director of Public Safety and WHEREAS, the City has abolished the position of the Director of Public Safety. NOW, THEREFORE, it is ordained that Section 1 .20 of the City of Oconornowoc Code of Ordinances is amended to read: 1.20- POLICE CHIEF. (1) APPOINTMENT AND TERM. The Chief of Police shall be appointed by the Police and Fire Commission and shall hold office during good behavior, subject to suspension or removal by such Commission for cause. The Director of Public Safety may also be Chief of Police. (2) GENERAL DUTIES. The Chief of Police shall perform such duties as are prescribed by Ch. 4 of this Municipal Code and such other duties as may be prescribed by the City Council. (3) DUTY OF REPORTING. The Chief of Police shall turn over daily to the City Treasurer all fees, fines, receipts and all other moneys received by his/her Department. He/she shall also make annual reports to the City Council and all such other reports as are required of him/her by State law and the ordinances of the City. The Chief of Police shall at the time of making his/her report to the Council as to the efficiency of the police force include the number of arrests made and the occasions therefor and such other matters as he/she shall embody in his/her reports, make and attach to each of such reports a brief 18  _______________ _________________ summary or recapitulation showing the number of policemen and their respective salaries, the total number of arrests made and the occasions therefor and such other matters in brief as he/she deems to be important. This ordinance shall become effective upon passage and publication as required by law. DATED: CITY OF OCONOMOWOC By: Robert P. Magnus. Mayor ATTEST: Diane Coenen. Clerk Date Adopted: - Date Published: Effective Date: - 19 1.20 POLICE CHIEF. (Am. #92-0289) - (1) APPOINTMENT AND TERM. The Chief of Police shall be appointed by the Police and Fire Commission and shall hold office during good behavior, subject to suspension or removal by such Commission for cause. The Director of Public Safety may also be Chief of Police. (2) GENERAL DUTIES. The Chief of Police shall perform such duties as are prescribed by Ch. 4 of this Municipal Code and such other duties as may be prescribed by the Director of Public Safety. the City Council or both. (3) DUTY OF REPORTING. The Chief of Police shall turn over daily to the City Treasurer all fees, fines, receipts and all other moneys received by his/her Department. He/she shall also make annual reports to the City Council and all such other reports as are required of him/her by State law and the ordinances of the City. The Chief of Police shall at the time of making his/her report to the Council as to the efficiency of the police force include the number of arrests made and the occasions therefor and such other matters as he/she shall embody in his/her reports, make and attach to each of such reports a brief summary or recapitulation showing the number of policemen and their respective salaries, the total number of arrests made and the occasions therefor and such other matters in brief as he/she deems to be important. 20 1.03 - APPOINTED OFFI(’IALS. (Formatted: Font Bold (1) TENURED OFFICIALS. The following officials shall be appointed by the Mayor in writing. subject to confirmation by the Council and, after a one year probationary period, shall become tenured officials of the City pursuant to the charter ordinance dated 6/15/72. and may only be removed for cause as provided injj5(2): Administrator-Treasurer Assessor Clerk Engineer Public Works. Director of Director of Parks and Recreation (Am, #85-0154) (2) NONTENURED OFFICIALS. (Am. #92-0289: #96-0366: #17-0912) The following officials shall be appointed in the manner and for the term indicated: Official Ho Appointed Term Attorney Mayor. subect to conE by the Council 1 year Assistant City Mayor. subject to conf. by the Common I Attorney Council Comptroller Ma or. subject to conE by the Council I year Director of PuN (e — v omItt-ts,-i-oo Indctimte Emergency Maor. subject to coni. by the Council 1 year Government Director - - F’ ire Chief rto-iecwlu rite v—tmmIssioH. uircctor oi ... . . Indefinite Dkl._Sa4tv muv ., nn;itinn Parks and Recreation. Dir. of Parks Recreation, and subject to - Indefinite Supervisor of conf. by the Council Plumbing Supervisor 4 years. subject to the Common Council . - (See_l4.22(Ia)) . provisions of_I4.22(la) Police and Fite Commission. Director of Police Chief . . . , . Indefinite Public Safety may hold this position. Public Works. Dir. of Public Works. subject to conf. b - - Indefinite Super isor of the Council Utilities. Director of May or. subject to conE by the Council Indefinite 21  17.111 (10) Food Trucks / Mobile Food Shops October 2020 (a) Definitions 1. Food Truck or Mobile Food Shop is any temporary structure, trailer, motorized vehicle, or cart that is brought to a site for the purpose of selling, preparing, or displaying food items. 2. Food Court is any parcel that contains three or more food trucks or mobile food shops at the same period of time. (b) Permit Required – No vendor shall sell, offer for sale, or display food items from a food truck or mobile food shop location without first obtaining a permit from the City of Oconomowoc. Food delivery services or private caterers serving private businesses or residences are exempt from the requirements of this ordinance. Food trucks in the City less than 4 days that are approved under a special event permit are exempt from the requirements within this ordinance. Any food truck or mobile food shop operating without City permits are subject to citations and penalties identified in Section 25.04 Penalty Provisions of the City Municipal Ordinance. (c) Prohibited Locations – Food trucks and mobile food shops are prohibited to sell, park or operate on any public sidewalks, public parks, public streets or other publicly owned land, unless in conjunction with an approved special events permit issued by the Parks, Recreation and Forestry Department. No food trucks or mobile food shops may park and/or operate on any residentially zoned property. (d) Application – An application form for a permit provided by the City of Oconomowoc under this section shall be completed by the vendor and contain the following information: 1. The vendor’s name, address, email address and phone number; 2. A description of the food cart, food truck or other vending device from which the application intends to vend, including the dimensions of the cart, truck, or device; 3. A description of the items to be offered for sale; 4. A copy of the vendor’s license from Waukesha County Department of Health; 5. A certificate of insurance, or an acknowledgment thereof, by an insurance carrier licensed to do business in this state, evidencing comprehensive general liability coverage in the amount of one hundred thousand dollars ($100,000), to protect against damage to property and/or persons resulting from the operation of the mobile food shop; 6. The location(s) for which a permit is sought. Including a site plan identifying the precise location where the food truck / mobile food shop will be located; T:\____Projects\Food Trucks\Draft_Ordiance_9_8_20.docx 22  7. Documentation from the property owner that the operator has permission to operate at that location. 8. Plan of Operations explaining the following: days and hours that the food truck / mobile food shop will be on site, the hours that the sales will occur, traffic circulation, customer parking, tables/chairs number and location, lighting, music, signage, restroom access, waste containers and any other information that is pertinent to the operations; 9. Initial Application fee of $150.00 dollars for temporary use and $500.00 for permanent use. Additional inspection fees or chargeback fees may be required by either the Western Lakes Fire District, Building Inspection or Planning Department; and 10. Any other information as the City may require. (e) Annual Fees - An annual renewal fee for permanent use is currently $250.00 and may change over time on a calendar year basis. (f) Permit Issuance – Upon receipt of a complete application in compliance with section (d) of this ordinance, the City Planner / Zoning Administrator shall determine the duration of the intended sales. 1. Temporary Use - If the sales are to be conducted at that location for 6 months or less, the City Planner / Zoning Administrator may administratively issue a temporary use permit for the food truck / mobile food shop. The City Planner / Zoning Administrator shall either issue the temporary use permit or provide notice to the applicant that the application is not complete within 10 working days of receipt of the application. Each temporary use permit, including renewals requires a new application and fee. 2. Permanent Use - If the sales are to be conducted greater than 6 months in duration, the application shall be referred to the City of Oconomowoc Plan Commission for a site plan review per Section 17.805 Design Review of the City Zoning Ordinance. The applicant shall submit 16 copies of the information requested within subsection (d) of this ordinance. 3. Food Court – If a site is designed for three or more food trucks, the Plan Commission shall review and approve a master plan for the food court use. The property owner shall submit 16 copies of the information requested within subsection (d) of this ordinance. Each individual food vendor within a food court shall be approved by the Plan Commission. 3. Appeals - The applicant may appeal any denial by either Planning Staff or the City Plan Commission. Appeals of the Planning Department shall go to the Plan Commission. Appeals of the Plan Commission shall go to the City Common Council. The appeal shall be made within 30-days of the date of the denial. T:\____Projects\Food Trucks\Draft_Ordiance_9_8_20.docx 23 (g) Permit Exceptions – No permits from the City Planner / Zoning Administrator are required for food trucks / mobile food shops for temporary vendors that are approved under a special event permit issued by the City Parks, Recreation and Forestry Department. (h) Special Events / Community Events Not Allowed – No temporary use permit will be granted by the City Planner / Zoning Administrator to allow a food truck / mobile food shop at a location that would be one thousand (1000) feet of a special event or community event. (i) Inspections – Prior to opening for business, each food truck or mobile food shop shall be inspected by the Western Lakes Fire District and the City of Oconomowoc Building Inspection. Applicants shall comply and stay in compliance with all requirements of the Fire Prevention Code and the City Building and Safety Ordinances. (j) Location Regulations – No food truck / mobile food shop shall be allowed to operate within thirty (30) feet of a property occupied by a residence; within ten (10) feet of a driveway or driveway apron; within ten (10) feet of a building entrance or fire exit; within ten (10) feet of another food truck or mobile food shop; within 200 feet of an existing restaurant; closer than ten (10) feet from any public sidewalk; or 300 feet from the premise of a private or public school. All food trucks or mobile food shop shall remain at the fixed location per the approved permit. (k) Alcohol / Tobacco – No vendor shall be allowed to sell, possess, consume or distribute alcoholic beverages while operating a food truck or mobile food shop. In addition, tobacco products of any sort shall not be offered for sale. (l) Waste products – No grey water, grease, trash or other similar products may be deposited into any public storm sewer. Vendors must keep the grounds around their food truck / mobile food shop free of litter, trash, paper and waste at all times. (m) Utilities – A permanent water or wastewater connection is prohibited. (n) Signage – Advertising signage shall not be in the public right-of-way and not to exceed 32 square feet in size. No more than one sign per vendor. (o) Music – Food trucks / mobile food shops shall not make any loud or unreasonable noise for the purpose of advertising or drawing attention to its food shop operations or any other purpose. Any outside sound equipment used shall not exceed 70 decibels when measured at closest property line. (p) Lighting – All vendor lighting shall be approved by the City prior to installation. All exterior lighting shall be hooded or shielded so that the light source is not directly visible to any nearby residential use. (q) Litter – No food truck or mobile food shop shall conduct business without making available a container suitable for the placement of litter. T:\____Projects\Food Trucks\Draft_Ordiance_9_8_20.docx 24 (r) Tables / Chairs – Vendors may place tables and chairs that do not inhibit pedestrian and vehicle traffic. Any obstructions deemed unsafe by the City or placed without proper approval will be promptly removed. (s) Hours – A mobile food establishment shall not operate between the hours of 11:00 pm and 6:00 am. (t) Restrooms – Any mobile food vendor area on the same parcel with three or more vendors operating at the same time shall provide a portable restroom. The property owner shall be responsible for the placement of restroom. (u) Revocation – The City of Oconomowoc Common Council may suspend or revoke any permit granted under this section on basis of any violation of this chapter. T:\____Projects\Food Trucks\Draft_Ordiance_9_8_20.docx 25