Number
050921
Version
ORIGINAL
Reference
Sponsor
ALD. ZIELINSKI AND BOHL
Title
An ordinance relating to penalties for various violations.
Sections
61-21 cr
80-90 am
105-138-3 am
106-1 am
106-1.8-2 am
106-31-0 am
106-35-2 am
106-35.6-2 am
110-10-2 am
Analysis
This ordinance increases the minimum penalties for the following ordinance violations:
1. Noise nuisances, from $150 to $300.
2. Resisting - obstructing a police officer, from $100 to $250.
3. Disorderly conduct, from $0 to $250.
4. Public drinking, from $0 to $125.
5. Loitering (various types), from $0 to $250.
6. Loitering - soliciting prostitutes, from $500 to $1,000.
7. Loitering - illegal drug activity: from $500 to $1,000.
8. Trespassing upon buildings or premises, from $0 to $250.
The maximum penalties for these violations remain unchanged.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 61-21 of the code is created to read:
61-21. Class O. Upon conviction of a Class O violation, a person shall forfeit not less $300 nor more than $1,000. Upon default of payment, the violator shall be imprisoned not less than 12 days nor more than 40 days.
Part 2. Section 80-90 of the code is amended to read:
80-90. Penalties. Any person violating any of the following provisions of the chapter listed in column A shall be liable on conviction to the penalties listed in column B and described in ch. 61:
A |
B |
80-3 |
Class E |
80-6 to 7 |
Class E |
80-12 |
Class E |
80-13 |
Class E |
80-15 |
Class E |
80-17 |
Class M |
80-19 |
Class E |
80-22 |
Class F |
80-27 |
Class E |
80-28 |
Class E |
80-29 |
Class E |
80-31 |
Class E |
80-42 |
Class F |
80-44 |
Class E |
80-45 to 80-46.5 |
Class E |
80-48 |
Class E |
80-49 |
Class K |
80-60 to 80-65-3 |
Class E |
80-65-4 |
Class [[K]] >>O<< |
80-66 to 80-68 |
Class E |
80-70 to 80-73 |
Class E |
Part 3. Section 105-138-3 of the code is amended to read:
105-138. Resisting or Obstructing Officer.
3. PENALTY. Any person violating this section shall upon conviction forfeit not less than [[$100]] >>$250<< nor more than $500, together with the costs of prosecution and in default of payment shall be imprisoned in the county jail or house of correction for a period not to exceed 20 days, or until the forfeiture and costs are paid.
Part 4. Section 106-1 of the code is amended to read:
106-1. Disorderly Conduct. Whoever does any of the following may be fined not >>less than $250 nor<< more than $500: In a public or private place, engages in violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly conduct under the circumstances in which such conduct tends to cause or provoke a disturbance.
Part 5. Section 106-1.8-2 of the code is amended to read:
106-1.8. Public Drinking and Possession of Alcohol Beverages.
2. PENALTY. Any person who violates this section shall upon being found guilty thereof, be subject to a forfeiture of not less than [[$50]] >>$125<< nor more than $250, together with the costs and disbursements of prosecution and upon default of payment thereof shall be imprisoned in the county jail or house of correction of Milwaukee county until such time costs and disbursements are paid, such imprisonment not to exceed 10 days.
Part 6. Section 106-31-0 of the code is amended to read:
106-31. Loitering or Prowling. Whoever does any of the following within the limits of the city may be fined not >>less than $250 nor<< more than $500 or, upon default of payment thereof, shall be imprisoned in the house of correction of Milwaukee county for not more than [[90]] >>20<< days.
Part 7. Section 106-35-2 of the code is amended to read:
106-35. Loitering - Soliciting Prostitutes.
2. Any person who loiters or drives in any public place in a manner and under circumstances manifesting the purpose of inducing, enticing, soliciting or procuring another to commit an act of prostitution shall forfeit not less than [[$500]] >>$1,000<< nor more than $5,000 or upon default of payment be imprisoned for not more than [[80]] >>90<< days. Among the circumstances which may be considered in determining whether such purpose is manifested are the following: that the person frequents, either on foot or in a motor vehicle, a known area of prostitution; repeatedly beckons to stop or attempts to stop, or engages known prostitutes in conversation; or stops the motor vehicle the person is the operator of and picks up or attempts to pick up a known prostitute. The violators conduct must be such as to demonstrate a specific intent to induce, entice, solicit or procure another to commit an act of prostitution. No arrest may be made for a violation of this section unless the arresting officer first affords the person an opportunity to explain the person's conduct, and no one shall be convicted of violating this section if it appears at trial that the explanation given was true and disclosed a lawful purpose.
Part 8. Section 106-35.6-2 of the code is amended to read:
106-35.6. Loitering. Illegal Drug Activity.
2. Any person who loiters or drives in any public place in a manner and under circumstances manifesting the purpose of inducing, enticing, soliciting or procuring another to engage in illegal drug activity shall forfeit not less than [[$500]] >>$1,000<< nor more than $5,000 or upon default of payment be imprisoned for not more than 90 days. Among the circumstances which may be considered in determining whether such purpose is manifested are the following: that the person frequents, either on foot or in a motor vehicle, a known area of illegal drug activity; repeatedly beckons to stop or attempts to stop known drug sellers or purchasers or engages known drug sellers or purchasers in conversation; stops the motor vehicle the person is the operator of and sells or purchases or attempts to sell or purchase illegal drugs to or from a known drug seller or purchaser; transfers small objects or packages for currency in a furtive fashion or manifestly endeavors to conceal himself, herself or any object or package which reasonably could be involved in illegal drug activity; takes flight upon appearance of a police officer. The violator's conduct must be such as to demonstrate a specific intent to induce, entice, solicit or procure another to engage in illegal drug activity. No arrest may be made for a violation of this section unless the arresting officer first affords the person an opportunity to explain the person's presence and conduct, unless flight by the person or other circumstances make it impracticable to afford such an opportunity, and no one shall be convicted of violating this section if it appears at trial that the explanation given was true and disclosed a lawful purpose.
Part 9. Section 110-10-2 of the code is amended to read:
110-10. Trespassing Upon Buildings or Premises; Signs.
2. PENALTY. Any person violating this section shall upon conviction be fined not >>less than $250 nor<< more than $500 and upon default of payment shall be imprisoned in the Milwaukee county jail or the house of correction of Milwaukee county for not more than [[60]] >>20<< days.
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: _________________________
Department
Drafter
LRB05428-1
TWM/cac
10/20/2005