Number
060421
Version
ORIGINAL
Reference
Sponsor
ALD. ZIELINSKI
Title
An ordinance relating to establishing a graduated penalty for persons convicted of operating unlicensed public passenger vehicles, or providing radio dispatch service to unlicensed public passenger vehicles.
Sections
100-50-1-d cr
100-60-3-0 rn
100-60-3-b cr
100-70-0 rn
100-70-1 am
100-70-2 cr
Analysis
Currently, the penalty for persons convicted of operating unlicensed public passenger vehicles, or providing radio dispatch service to unlicensed public passenger vehicles is a forfeiture of $25 to $500, regardless of the number of violations. This ordinance establishes a graduated penalty where any person operating unlicensed public passenger vehicles, or providing radio dispatch service to unlicensed public passenger vehicles shall upon conviction be subject to the following:
1. A forfeiture not less than $250 nor more than $500 if the person has not committed a previous violation within 24 months of the violation.
2. A forfeiture not less than $500 nor more than $750 if the person has committed a previous violation within 24 months of the violation.
3. A forfeiture not less than $750 nor more than $1000 if the person has committed 2 or more previous violations within 24 months of the violation.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 100-50-1-d of the code is created to read:
100-50. Public Passenger Vehicle Permits.
1. REQUIRED BY VEHICLE OWNER.
d. Penalty. Any person violating par. a shall be subject to the penalty provided in s. 100-70-2.
Part 2. Section 100-60-3-0 of the code is renumbered 100-60-3-a.
Part 3. Section 100-60-3-b of the code is created to read:
100-60. Meter Fare Taxicabs.
3. RADIO SERVICE PROHIBITED.
b. Penalty. Any person violating par. a shall be subject to the penalty provided in s. 100-70-2.
Part 4. Section 100-70-0 of the code is renumbered 100-70-1.
Part 5. Section 100-70-1 of the code is amended to read:
100-70. Penalty.
1. Any person who violates any provision of this chapter shall>>, where no other provisions are expressly made for the enforcement of any forfeitures or penalties under this chapter,<< upon conviction forfeit not less than $25 nor more than $500 together with the costs of prosecution, or in default of payment may be imprisoned in the county house of correction for a period not to exceed [[10]]>>20<< days.
Part 6. Section 100-70-2 of the code is created to read:
2. Any person who violates ss. 100-50-1-a or 100-60-3-a shall upon conviction be subject to the following forfeitures together with the costs of prosecution, and, in default of payment be confined in the county jail or house of correction until such forfeiture and costs are paid, but not to exceed 40 days:
a. A forfeiture not less than $250 nor more than $500 if the person has not committed a previous violation within 24 months of the violation.
b. A forfeiture not less than $500 nor more than $750 if the person has committed a previous violation within 24 months of the violation.
c. A forfeiture not less than $750 nor more than $1000 if the person has committed 2 or more previous violations within 24 months of the violation.
LRB
APPROVED AS TO FORM
_________________________
Legislative Reference Bureau
Date:_____________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
________________________
Office of the City Attorney
Date:____________________
Drafter
CCL06706-1
RGP
7/06/06
LRB06347-1
BJZ:mbh
7/7/2006