Number
070144
Version
SUBSTITUTE 2
Reference
Sponsor
ALD. WITKOWIAK
Title
A substitute ordinance relating to licensing and regulation of junk collectors and junk dealers.
Sections
92-3-1 rc
92-3-2-a am
92-3-2-d cr
Analysis
This ordinance expands upon the purposes for licensing and regulation of junk collectors and dealers by providing findings and purposes that include environmental protections and encouragement of economic growth.
The definition of “junk” is clarified to distinguish junk from un-recyclable trash, and to distinguish junk from articles sold or resold as secondhand personal property.
The ordinance provides a definition of “business” for purposes of junk collection and dealing. Two exceptions are provided: the first exception is for environmental clean-up activities organized by individuals or sponsored by nonprofit organizations; and the second exception is for individuals exclusively collecting aluminum cans.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 92-3-1 of the code is repealed and recreated to read:
92-3. Junk Collectors and Dealers.
1. FINDINGS AND PURPOSE. The common council finds that the collection and recycling of discarded materials promotes the health and safety of the city and increases the desirability of the city as a place to establish and conduct business and as a place of residence. The common council further finds that recycling businesses contribute to economic growth and manufacturing. The purposes of this section are to provide licensing and regulation of individuals and businesses collecting and dealing in junk within the city thereby promoting public health and safety, encouraging new business and manufacturing, improving the environment and reducing crime, including the unlawful conversion of stolen properties.
Part 2. Section 92-3-2-a of the code is amended to read:
2. DEFINITIONS. a. “Junk” shall mean used materials of any kind >>that may be recycled or converted to new materials or products<< including rags, paper, rubbish, glassware, crockery, bags, cloth, rubber, vehicle tires, ferrous and nonferrous metals, clothing, siphons, old rope, plumbing materials, salvage gas and electric fixtures, waste materials, and all articles or things discarded. This definition[[, however, shall not be deemed to be exclusive]]>> shall not include secondhand articles of personal property for resale that are subject to the provisions of s. 92-2<<.
Part 3. Section 92-3-2-d of the code is created to read:
d. A “business” shall mean engagement in activities over time for the purpose of sustained financial gain. This definition does not include environmental clean-up activities organized by individuals or sponsored by nonprofit organizations. Also excluded from this definition are individuals engaged exclusively in the collection of aluminum cans.
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: ______________________
Requestor
Drafter
LRB07220-3
RLW
4/24/2007