Legislation Details

File #: 260554    Version:
Type: Ordinance Status: Passed
File created: 7/31/2026 In control: PUBLIC WORKS COMMITTEE
On agenda: Final action: 9/22/2026
Effective date: 10/10/2026    
Title: A substitute ordinance relating to unauthorized closure of public rights of way for non-emergency construction.
Sponsors: ALD. BURGELIS, ALD. COGGS, ALD. BAUMAN, ALD. BROWER, ALD. WESTMORELAND, ALD. TAYLOR, ALD. ZAMARRIPA
Indexes: STREET CLOSINGS, STREETS
Attachments: 1. Proposed Substitute (NOW SUBSTITUTE 2), 2. Legal and Enforceable, 3. 181787_Burgelis_UnnanouncedClosure_Motion.rtf.pdf, 4. 181786-1_Burgelis_RoadClosurePenalties_Sub3.docx (now Substitute 3)
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
10/9/20263 CITY CLERK PUBLISHED   Action details Meeting details Not available
9/23/20263 MAYOR SIGNED   Action details Meeting details Not available
9/22/20262 COMMON COUNCIL AMENDED

Minutes note: Ald. Burgelis moved to amend this file by amending the language immediately following "7. PENALTY FOR WORK CONDUCTED WITHOUT PERMIT" to delete "any company" and insert "any person, firm, or corporation". There were no objections.
Pass15:0 Action details Meeting details Not available
9/22/20263 COMMON COUNCIL PASSEDPass15:0 Action details Meeting details Not available
9/10/20261 PUBLIC WORKS COMMITTEE SUBSTITUTED

Minutes note: Appeared Ald. Burgelis Appeared Ald. Zamarripa Appeared Ald. Perez Appeared Kevin Muhs (City Engineer, DPW) Appeared Jerrel Kruschke (Commissioner, DPW) Appeared James Washington (Coordinator Manager, DPW) Appeared Gunner Raasch (LRB)
Pass5:0 Action details Meeting details Not available
9/10/20262 PUBLIC WORKS COMMITTEE RECOMMENDED FOR PASSAGE

Minutes note: Item 8 and Item 16 where discussed together. Alderwoman Zamaripa and Alderman Burgelis introduced ordinances to significantly increase fines for utilities that fail to notify the city or residents of road closures. Mr. Raasch from the Legislative Reference Bureau (LRB) provided a detailed explanation of two separate legislative files concerning utility work in public spaces. Ald. Burgelis file 260554 proposes increasing penalties for companies or utilities that perform work in the public right of way without obtaining a permit, specifically for non-emergency situations. Ald. Zamaripa's file 260556 addresses the failure of companies to provide notification when conducting such work. Mr. Raasch noted that a company working without a permit would likely be subject to penalties under both ordinances, as they would presumably also fail to notify the city. It was clarified that if a company possesses a permit but fails to provide the required notification, they would only be subject to the penalty under Ald. Zamaripa's ordinance. Commissioner Kruschke emphasized that the goal is to give citizens the opportunity to pivot their daily commutes and avoid the panic of unexpected road blocks. The committee discussed the specific application of these penalties to ensure clarity for the public and the committee members. There were no objections to the motion.
Pass5:0 Action details Meeting details Not available
7/31/20260 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available

Number

260554

Version

SUBSTITUTE 3

Reference

 

Sponsor

ALD.  BURGELIS

Title

A substitute ordinance relating to unauthorized closure of public rights of way for non-emergency construction.       

Section

115-4-7                                          cr

Analysis

This ordinance creates a penalty of $1,000 per day for work on public ways without a permit.

Body

The Mayor and Common Council of the City of Milwaukee do ordain as follows:

Part 1.  Section 115-4-7 of the code is created to read:

115-4.  Granting of Permits.


7.
  PENALTY FOR WORK CONDUCTED WITHOUT PERMIT.  Any person, firm, or corporation that begins work or occupies the public right-of-way without first obtaining a permit as required by this chapter shall be subject to a penalty of not more than $1,000.  Each day the work continues or the public right-of-way is closed to public use shall be regarded as a separate offense.

 

LRB

APPROVED AS TO FORM

K. Broadnax

____________________________

Legislative Reference Bureau

Date: September 9, 2026

 ______________________

Attorney

IT IS OUR OPINION THAT THE ORDINANCE

IS LEGAL AND ENFORCEABLE

 

 

____________________________

Office of the City Attorney

Date:  ______________________

Requestor

Department Name

Drafter

LRB181786-2

Gunnar Raasch

9/9/2026