Number
031615
Version
SUBSTITUTE 2
Reference
Sponsor
ALD. DONOVAN and ALD. DAVIS
Title
A substitute ordinance relating to unauthorized removal of contents of waste containers, and disposition of abandoned shopping carts.
Sections
79-16-1-a am
79-16-1-b am
92-3-9 rc
110-36-0 am
110-36-1 rc
110-36-3 rc
110-36-4 rc
Analysis
This ordinance:
1. Increases the forfeiture for repeat offenses involving the removal of any material from a waste container that has been furnished by the city for collection of solid waste. The forfeiture for a violation of the solid waste regulations is $25 to $500 for the first offense, but increases to $50 to $500 for each subsequent offense.
2. Increases the forfeiture for repeat violation of the code provisions regulating junk collectors and dealers. The forfeiture is $250 to $1,000 for the first violation, but increases to $500 to $5,000 for each subsequent offense.
3. Increases the forfeiture for possession or removal of a grocery cart or shopping cart from the premises or parking lot of the establishment which furnished the cart without express permission of the management of the establishment. The forfeiture is $25 to $500 for the first offense, but increases to $500 to $5,000 for each subsequent offense.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 79-16-1-a and b of the code is amended to read:
79-16. Penalty. 1. FORFEITURE. a. Any person who violates any provision of this subchapter except s. 79-5.5 shall forfeit not less than $25 nor more than $500 for [[each offense]] >>the first offense and not less than $50 nor more than $500 for each subsequent offense<<, and the costs and disbursements of such action, and in default thereof, shall be imprisoned in the county jail or house of correction for not less than one day nor more than 20 days, until such forfeiture costs are paid.
b. Any person who violates s. 79-5.5 shall forfeit not less than $25 nor more than $500 for [[each offense]] >>the first offense and not less than $50 nor more than $500 for each subsequent offense<<.
Part 2. Section 92-3-9 of the code is repealed and recreated to read:
92-3. Junk Collectors and Dealers.
9. PENALTY. Any person, firm, partnership or corporation found guilty of violating this section shall be subject to a forfeiture of not less than $50 nor more than $500 for the first offense, and not less than $500 nor more than $5,000 for each subsequent offense. Any person in default of payment thereof, shall be imprisoned in the county jail or house of correction of Milwaukee county for a period not less than 2 days nor more than 90 days.
Part 3. Section 110-36-0 of the code is amended to read:
110-36. Abandonment of Shopping Carts. No person shall
abandon or leave unattended any grocery cart or shopping cart
upon any public street, sidewalk [[or public way]]
>>, public or private way<< within the city other than the
premises where said cart was originally obtained. The name
and address of the owner of the cart shall be securely attached
thereto or marked thereon in a conspicuous place by such owner.
Part 4. Section 110-36-1 of the code is repealed and recreated to read:
1. REMOVAL OR POSSESSION OF CARTS PROHIBITED. a.
No person shall remove or cause to be removed any grocery
cart or shopping cart from the premises and parking lot of the
establishment which furnished said cart without express
permission of the management of such establishment.
b. No person shall be in possession of any grocery cart or shopping cart beyond the boundaries of the premises, which furnished said cart without express written permission of the management of such establishment.
Part 5. Section 110-36-3 and 4 of the code is repealed and recreated to read:
3. DISPOSITION OF ABANDONED CARTS. Any grocery or shopping cart which has been abandoned or left unattended upon any public street, sidewalk or public way, or other property within the city, shall be taken by the police department or the department of public works, and turned over to a city self-help center. Carts not claimed within 5 days become the property of the city of Milwaukee. Reasonable attempts shall be made to notify owners of the abandoned carts.
4. PENALTY. Any person who violates this section shall forfeit not
less than $25 nor more than $500 for the first offense and not less
than $500 nor more than $5,000 for each subsequent
offense. Any person in default of payment thereof, shall be
imprisoned in the county jail or house of correction of Milwaukee
county for a period not less than 1 day nor more than 90 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:____________________
Requestor
Drafter
LRB04019-3
TRG
5/6/04