Number
201212
Version
SUBSTITUTE 2
Reference
Sponsor
ALD. BAUMAN
Sections
84-20-1-a rp
84-20-1-b am
84-20-1.5 am
84-20-4.5-0 am
84-20-4.5-a am
84-20-4.5-b am
84-20-4.5-c-0 am
Title
A substitute ordinance relating to licensing parking lots or places.
Analysis
This ordinance requires that all parking places comply with the security measures currently required only for downtown parking places when applying for an initial license and for license renewal. These security measures include:
1. Police review of the plan of operations and conduct of a crime prevention through environmental design (CPTED) survey prior to license committee hearing on a new license application.
2. The suitability of the security plan for the premises and how the security plan compares to the review conducted by the police department are grounds for non-renewal, suspension or license revocation.
3. Requirement for additional security measures, as determined by the police department, if 2 or more security incidents occur on the premises within a month.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 84-20-1-a of the code is repealed.
Part 2. Section 84-20-1-b of the code is amended to read:
84-20. Parking Lots or Places.
1. DEFINITIONS.
b. “Event parking place” means a [[downtown]] parking place operating principally to provide temporary parking for events and festivals.
Part 3. Section 84-20-1.5 of the code is amended to read:
1.5. FINDINGS. The common council finds that [[downtown]] parking places are inherently [[more prone than other parking places]]>>prone<<to crimes against parking patrons, vandalism of vehicles, theft of vehicles or property inside vehicles, and other threats to the security of parking patrons and property [[due to population density in the area, ease of access to the area and other factors]]>>because the area is often deserted, easily accessed, poorly lighted and for other reasons<<. The common council further finds that greater oversight of the issuance of new licenses and the renewal of existing licenses for [[downtown]] parking places is likely to ameliorate the greater threat to the health, safety and security of parking patrons posed by [[downtown]] parking places.
Part 4. Section 84-20-4.5-0 to c-0 of the code is amended to read:
4.5. [[DOWNTOWN PARKING PLACES]]>>PARKING PLACE SECURITY<<.
a. Police Review. Following submission of a new license application by a [[downtown]] parking place, but prior to the scheduling of a licenses committee hearing, the applicant shall meet in person with a police department community liaison officer, or other designee of the chief of police, to review the plan of operation, and to conduct a crime prevention through environmental design (CPTED) survey.
b. Grounds for Non-renewal, Suspension or Revocation. In addition to the evidence provided in s. 85-4-4, probative evidence concerning whether or not a license granted to a [[downtown]] parking place should be subject to non-renewal, suspension or revocation shall include the suitability of the security plan for the premises and how the security plan compares to the review conducted by the police department under pars. a and b.
c. Additional Security Measures. If 2 or more security incidents occur on the premises within a month, a [[downtown]] parking place licensed under this section shall implement additional security measures, as determined by the police department, to protect the health, safety and welfare of parking patrons and the security of property. The [[downtown]] parking place shall maintain these measures during the remaining term of the license. These measures may include, but shall not be limited to:
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
Aaron Cadle
LRB 176494-3
January 13, 2021