By Kim McDarison
The Whitewater Common Council Tuesday approved first readings of two ordinance amendments, the first of which offers a three-tier penalty structure for members of the community placing unnecessary or preventable calls for emergency services, and a second which outlines a two-tier penalty structure for those in violation of the city’s “golf carts on public roads” ordinance.
During the meeting, City Attorney Wally McDonell said both ordinances were required to establish a “deposit amount,” one for offenses associated with unnecessary calls for EMS services and another associated with violations of an ordinance allowing golf cart use on city-owned streets.
Both first readings received unanimous approval.
Preventable calls
According to the ordinance amendment, those placing unnecessary or preventable calls for emergency services could be subject to the following penalties:
• First offense: a fine of $200 plus statutory penalty assessment, jail assessment, court costs and crime lab assessment.
• Second offense: If the second offense occurs within one year, a fine of $350, plus statutory penalty assessment, jail assessment, court costs and crime lab assessment.
• Third offense and subsequent offenses occurring within on year: a fine of $600, plus statutory penalty assessment, jail assessment, court costs and crime lab assessment.
Unnecessary EMS calls ordinance background
As earlier reported by Fort Atkinson Online, on Nov. 15, the ordinance defining preventable and unnecessary EMS calls received final approval as part of the council’s consent agenda.
In October, council voted in favor of postponing the ordinance during its first reading, asking staff to explore language that would make more specific the activities defined as unnecessary or preventable calls, and their frequency that would precipitate the engagement of a penalty system.
A list presented in October included the following:
- Calls that do not require emergency service.
- Repeated calls that display a pattern indicating the home/care employee skill levels and capabilities do not align with the special needs fo the resident.
- Fire alarms caused by unattended, burned food.
- Fire alarms caused by detectors that have not been maintained.
- Fire alarms caused by excessive dust or a similar non-combustible trigger.
- 911 misdial/hangup calls.
- Runaway, elopement or missing resident calls.
- Lift assist calls not caused by a fall.
An earlier story about the ordinance and its first reading is here: https://fortatkinsononline.com/whitewater-council-postpones-ordinance-aimed-at-reducing-nuisance-emergency-service-calls/.
In November, the revised ordinance excluded “lift assist calls not caused by a fall” from the list defining unnecessary or preventable calls.
A story about second-reading approval of the ordinance as part of the city’s consent agenda is here: https://fortatkinsononline.com/whitewater-council-approves-ordinance-aimed-at-reducing-nuisance-emergency-calls/.
Golf carts on city roads
According to the ordinance amendment approved Tuesday, those operating golf carts on public roads within the city in violation of the city’s golf cart operations ordinance could be subject to the following penalties:
• First offense: a fine of $100, plus statutory penalty assessment, jail assessment, court costs and crime lab assessment.
• Second offense and subsequent offensives: a fine of $150, plus statutory penalty assessment, jail assessment, court costs and crime lab assessment.
The ordinance — allowing for the operation of golf carts on city-owned roads — received first-reading approval from the city council in September. The ordinance was brought back before council for a second reading on Oct. 4, at which time it was postponed after language was proposed which would allow golf carts to operate on city sidewalks for “short distances.” On Oct. 18, the ordinance received second-reading approval as it was originally written, excluding language allowing golf carts to operate on sidewalks.
Golf cart use on city streets ordinance background
During a city council meeting held Oct. 18, one of the ordinance’s authors — Councilman Greg Majkrzak — said it had been in development for nearly a year.
A second reading of the ordinance was approved by a vote of 5-2, with council president Lisa Dawsey Smith and councilwoman Jill Gerber casting the two ‘no’ votes.
During the meeting held Oct. 4, council voted to reconsider the ordinance as it was written and approved during its first reading, held Sept. 20.
During the meeting held on Oct. 4, council considered several amendments to the ordinance, including allowing golf carts to operate on city sidewalks for short distances and language that would extend the time during which headlights needed to be operational, from “sunrise to sunset” to “hours of darkness,” which, according to Gerber, is defined by state statutes as the period of time from one-half hour after sunset to one-half hour before sunrise and all other times when there is not sufficient natural light to render clearly visible any person or vehicle upon a highway at a distance of 500 feet.
Also considered during the Oct. 4 meeting was the inclusion of a registration fee.
The ordinance, as passed during its first reading in September, allowed for the registration process to take place every three years. Proposed amendments on Oct. 4 required that the process take place annually.
During the Oct. 18 meeting, Majkrzak said he was not in support of adding language that would allow golf cart use on city sidewalks.
Gerber said she would consider voting in favor of the ordinance with several amendments, including an annual registration fee of $35 and language that would incorporate the state’s hours of darkness definition into the ordinance.
Gerber also asked for an amendment requiring those registering golf carts for use on city streets to present a valid drivers license at the time of registration.
As reported by Fort Atkinson Online after the Oct. 4 meeting, after engaging in an hour-long discussion, council approved a motion to postpone the ordinance, which had come before it for its second and final reading, by a 4-3 vote, with council members Jim Allen, Brienne Brown and Greg Majkrzek voting against the measure. The action returned the ordinance to city staff, charging it with crafting language to include several proposed amendments, such as allowing golf carts to travel for “short distances” on city sidewalks.
After the motion to postpone the ordinance was approved, Majkrzak noted his disappointment with the council’s decision.
A link to earlier reporting by Fort Atkinson Online after the council meeting held Oct. 4 is here: https://fortatkinsononline.com/whitewater-council-postpones-ordinance-allowing-golf-carts-on-city-streets/.
A small fleet of golf carts are at the ready for use at Willowbrook Golf Course, Whitewater. An ordinance allowing the use of golf carts by residents on city streets was approved in November. A schedule of fines for those operating in violation of the new ordinance was approved Tuesday. File photo/Kim McDarison.
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