NUMB:
991569
VERS:
SUBSTITUTE 1
REF:
XXBY:
THE CHAIR
TITL:
A substitute ordinance relating to the responsibility for enforcing various code provisions relating to parking.
SECS:
101-25-1 am
101-27-7-f am
105-64-4 am
105-65-1 am
105-65-2 am
105-65-7 am
309-1-1-b rc
ANLS:
- Analysis - This substitute ordinance makes the following changes consistent with the recent transfer of parking checkers to the department of public works:
1. The commissioner of public works and the commissioner's designees are authorized to order the towing of illegally parked vehicles. 2. The department of public works is authorized to grant short-term overnight parking permission instead of the police department. In addition, short-term parking permission must be requested by 1:00 a.m. instead of the present 2:00 a.m. 3. The commissioner of public works and the commissioner's designees are authorized to order the towing of abandoned vehicles.
BODY:
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 101-25-1 of the code is amended to read:
101-25. Towing Away of Vehicles.
1. AUTHORITY. Whenever any police officer >>, or the commissioner of public works or any of the commissioner's designees<< finds a vehicle standing upon an highway in violation of ss. 101-3, 101-22.5, 101-23, 101-24, 101-24.1, 101-24.2, 101-26, 101-26.5, 101-27 and 101-32, the officer >>, or commissioner of public works or the commissioner's designee<< is authorized to remove the vehicle to either private or public parking or storage premises. The removal may be performed by or under the direction of the officer >>, or the commissioner of public works or the commissioner's designee,<< or a towing contractor under contract with the city. The vehicle reclamation charge that is imposed in order to reclaim a vehicle under this section shall be $80 per vehicle and $11 for each day of storage. The vehicle reclamation charge shall be paid to the commissioner of public works at the storage facility and the vehicle may be released from storage upon payment of all vehicle reclamation charges and presentation of proper identification. A notice informing the owner of the location of the vehicle and the availability of a review before the city attorney shall be mailed to the last known address within 24 hours after removal.
Part 2. Section 101-27-7-f of the code is amended to read:
101-27. All Night Parking.
7. EXCEPTIONS.
f. Notification. The [[chief of police]] >>commissioner of public works<< may, when necessary, grant an individual overnight parking permission if the [[police department]] >>department of public works<< is notified prior to [[2:00 a.m.]] >>1:00 a.m.<<
Part 3. Section 105-64-4 of the code is amended to read:
105-64. Vehicle Parking on Private Property.
4. CITATIONS. In addition to other applicable enforcement procedures and pursuant to [[s. 66.119]] >>ch. 800<<, Wis. Stats., [[department of public works employes]] >>the commissioner of public works and the commissioner's designees<< may issue citations pursuant to the citation procedure in s. 50-25 to any person violating this section.
Part 4. Section 105-65-1, 2 and 7 of the code is amended to read:
105-65. Control of Abandoned Motor Vehicles and Trailers.
1. ABANDONMENT PROHIBITED. No person shall abandon any motor vehicle or trailer on any highway or public or private property within the city, and no person shall leave any motor vehicle or trailer unattended on such highway or property within the city for such time and under such circumstances as to cause such motor vehicle or trailer reasonably to appear to have been abandoned. Motor vehicles or trailers which are in a condition of disrepair and lack valid registration plates shall be deemed to have been abandoned within the meaning of this section. Whenever any other motor vehicle or trailer has been allowed to remain standing on such highway or public property in the city for more than 72 hours after a police officer >>, or the commissioner of public works or the commissioner's designee<< placards the motor vehicle or trailer and 48 hours after mailing of a notice to the last known address of the owner, the same shall be deemed to have been abandoned within the meaning of this section. The notice shall inform the owner of the manner of avoiding a declaration of abandonment, of the means of reclaiming the motor vehicle or trailer should it be deemed abandoned, and of the availability of a review before the city attorney.
2. ABANDONED VEHICLES ON PRIVATE PROPERTY. Whenever any motor vehicle or trailer has been allowed to remain on any private property in ordinary public view without the consent of the property owner, or agent, and for longer than 72 hours after a police officer >>, or the commissioner of public works or the commissioner's designee<< placards the vehicle, said vehicle or trailer shall be deemed abandoned.
7. CITATIONS. In addition to other applicable enforcement procedures and pursuant to [[s. 66.119]] >>ch. 800<<, Wis. Stats., [[department of public works employes]] >>the commissioner of public works and the commissioner's designees<< may issue citations pursuant to the citation procedure in s. 50-25 to any person violating this section.
Part 5. Section 309-1-1-b of the code is repealed and recreated to read:
309-1. Department of Public Works.
1. DUTIES.
b. Pursuant to ch. 800, Wis. Stats., the commissioner of public works and the commissioner's designees may issue citations for nonmoving traffic violations pursuant to the citation procedure in s. 50-25. The commissioner of public works and the commissioner's designees are deemed traffic officers for the purpose of regulating and enforcing nonmoving traffic violations.
LRB:
APPROVED AS TO FORM
_________________________________
Legislative Reference Bureau
Date: ___________________________
CATT:
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
_________________________________
Office of the City Attorney
Date: ____________________________
ZDPT:
Department of Public Works
DFTR:
99469-2
jro
2/16/00