NUMB:
980686
VERS:
ORIGINAL
REF:
XXBY:
ALD. NARDELLI
TITL:
An ordinance relating to the sale of resale goods on residential premises.
SECS:
105-62 cr
ANLS:
- Analysis -
This ordinance defines "resale goods" as items that were acquired by their owner for the specific purpose of resale to the general public. Examples include collectibles, toys, framed art, rugs and houseplants. This ordinance prohibits the sale of resale goods on any residential premises. It further provides that the police department may issue citations for violations of this prohibition.
BODY:
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 105-62 of the code is created to read:
105-62. Sales of Resale Goods on Residential Premises.
1. DEFINITIONS. In this section:
a. "Resale goods" means any items that were acquired by their owner for the specific purpose of resale to the general public, including but not limited to collectibles, toys, framed art, rugs and houseplants. It does not include property which was acquired, owned, utilized and maintained, in the normal course of living or in the normal course of maintaining a residence, by an individual who resides on the premises upon which such resale occurs, nor does it include hand-crafted items made by an individual who resides on the premises upon which such resale occurs.
b. "Residential premises" means any real property which is zoned single-family residence, 2-family residence, multi-family residence, restricted office or high density residential, or which contains a wholly residential use.
2. SALES PROHIBITED. The sale of resale goods shall not be permitted on any residential premises.
3. PENALTY. Any person violating any provision of this section shall, upon conviction, forfeit not less than $50 nor more than $250, together with the costs of prosecution, and, in default of payment, shall be imprisoned in the house of correction or the county jail for a period not to exceed 10 days, or until such forfeiture is paid.
4. CITATIONS. In addition to other applicable enforcement procedures and pursuant to s. 66.119, Wis. Stats., the police department may, upon receipt of a complaint, issue a citation pursuant to the citation procedure in s. 50-25 to any person violating this section.
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:
DFTR:
LRB98306.1
JDO
8/20/98
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