Number
241222
Version
SUBSTITUTE 2
Reference
Sponsor
THE CHAIR
Title
A substitute ordinance relating to revisions of various provisions of the code for purposes of correcting errors, clarifying language, eliminating obsolete provisions and updating references.
Sections
50-75-2-b am
50-75-2-c am
64-1 am
68-21-11-a am
68-23-3-d-2 am
68-23-3-d-3 am
79-39-2 am
80-10-2-c-1-v am
80-10-7-a am
80-75-2-c am
101-1-2 am
101-21-1 am
101-26-3 am
101-37 am
101-41.5-1 am
101-41.5-3 am
102-7-6-e am
105-34-2-c am
105-34-2-h am
105-46-0 am
105-46-1 am
105-46-2 am
105-46-3 am
106-23.3-4 am
106-23.5-2-b am
106-30.2-1-b am
116-68-3-b am
200-22-3-d am
252-1-1 am
252-74-5-a am
252-74-5-b am
252-74-5-d am
252-74-5-f-2 am
252-77-2 am
301-5 rc
320-21-9-c am
320-21-9-j am
320-21-13-d am
320-21-13-g-3 am
Analysis
This ordinance revises of various provisions of the code for purposes of correcting errors, clarifying language, eliminating obsolete provisions and updating references.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 50-75-2-b and c of the code is amended to read:
50-75. Suspension of Motor Vehicle Operating Privileges of School Dropouts.
2.
b. If a court finds that suspension of a child's operating privilege until the child reaches the age of 18 would cause an undue hardship to the child or the child's family, the court may enter an order making any of the dispositions specified under [[s. 48.342(1), Wis. Stats]] >>s. 938.342(1g), Wis. Stats<<.
c. A court may dismiss an order suspending operating privileges of a child if the child shows documentary proof of enrollment in a school program or a high school equivalency program, as provided in [[s. 43.364, Wis. Stats]] >>s. 938.364, Wis. Stats<<.
Part 2. Section 64-1 of the code is amended to read:
64-1. Adoption of State Code. Except as otherwise provided in this chapter, the city of Milwaukee adopts [[ch. ATCP 79, Wis. Adm. Code]] >>ch. ATCP 79, Wis. Adm. Code<<, as amended. The city also adopts ch. 254, Wis. Stats.
Part 3. Section 68-21-11-a of the code is amended to read:
68-21. Licensure of Food Establishments; General.
11. TRANSFER.
a. An individual may transfer a license to an immediate family member, as defined in [[s. 97.608(4)(a)2, Wis. Stats.]] >>97.605(4)(a)2, Wis. Stats.<<, if the individual is transferring operation of a restaurant, as defined in [[s. 254.61(5), Wis. Stats]] >>s. 97.01(14g), Wis. Stats<<.
Part 4. Section 68-23-3-d-2 and 3 of the code is amended to read:
68-23. Food Dealers.
3. TEMPORARY OPERATION.
d.
d-2. Mobile or temporary retail food establishments licensed under s. ATCP 75.03, [[Wis. Stats]] >>Wis. Adm. Code<<.
d-3. Mobile restaurants licensed under s. ATCP 75.104, [[Wis. Stats]] >>Wis. Adm. Code<<.
Part 5. Section 79-39-2 of the code is amended to read:
79-39. Management of Special Recyclable Materials.
2. A microwave oven may be disposed of in a solid waste disposal facility if the capacitor has been removed and disposed of in accordance with [[s. 299.45(7), Wis. Stats.]] >>s. 287.07(1m)(a), Wis. Stats.<<, if applicable.
Part 6. Section 80-10-2-c-1-v of the code is amended to read:
80-10. Chronic Nuisance Premises.
2. DEFINITIONS.
c.
c-1.
c-1-v. The operation of a convenience store in violation of any provision of [[s. 68-55]] >>ch. 68<<.
Part 7. Section 80-10-7-a of the code is amended to read:
7. EVICTION OR RETALIATION PROHIBITED.
a. It shall be unlawful for a landlord to terminate the lease agreement or periodic tenancy of any tenant or otherwise retaliate against any tenant because that tenant complained to the chief of police about nuisance activities on the landlord’s premises. It shall be presumed that any attempt to increase charges, reduce services, or to otherwise harass or retaliate against the tenant during the 12-month period following receipt of the complaint by the chief of police constitutes unlawful retaliation under this subsection. This presumption shall be rebutted by the preponderance of evidence that the actions taken by the landlord were based upon good cause. “Good cause” as used in this subsection means that a landlord must show good cause for his or her actions, other than one related to or caused by the operation of this section. Notwithstanding the foregoing, a tenant’s lease agreement or periodic tenancy may be terminated for a failure to pay rent; committing nuisance activity as defined in sub. 2-c-1-a to hh; for the commission of waste upon the premises; violating the terms and conditions of the lease agreement or periodic tenancy or as otherwise provided in [[ch. 709, Wis. Stats.]] >>ch. 704, Wis. Stats.<<, and ch. ATCP 134, Wis. Adm. Code. A landlord’s failure to renew a lease agreement or periodic tenancy upon expiration of such lease agreement or periodic tenancy shall not be deemed a violation of this subsection.
Part 8. Section 80-75-2-c of the code is amended to read:
80-75. Sound-Producing Devices: Impoundment, Seizure and Forfeiture.
2. SEIZURE.
c. The seized sound-producing device shall remain in the custody of the police and the city attorney shall institute forfeiture proceedings. If the sound-producing device is sold by the police department, all proceeds of the sale shall be retained by the city. In all other respects, the seized sound-producing device shall be treated in substantially the manner provided in [[ss. 973.075(3), 973.076 and 973.077]] >>ss. 973.075(3) and 973.076<<, Wis. Stats., for property realized through the commission of any crime.
Part 9. Section 101-1-2 of the code is amended to read:
101-1. Title and Adoption of State Laws.
2. ADOPTION OF STATE LAWS. The city of Milwaukee adopts s. 23.33 and chs. 340, 341, 342, 343, subch. 6 of ch. 344, 345, 346, 347, 348, 349, [[941.01 and 941.03, Wis. Stats.]] >>and s. 941.01, Wis. Stats.<<, and all subsequent amendments thereto defining and describing regulations with respect to vehicles and pedestrians and traffic for which the penalty is a forfeiture only, including but not limited to provisions for stipulation, conditions of deposit or bail, penalties unless another provision for such penalties, provisions for stipulation, conditions of deposit or bail is provided in this chapter.
Part 10. Section 101-21-1 of the code is amended to read:
101-21. Emergency Traffic Powers.
1. REGULATION. Whenever the common council or the mayor declares a state of emergency under the authority of [[s. 166.23, Wis. Stats.]] >>s. 323.11, Wis. Stats.<<, it shall be unlawful to violate any traffic regulation promulgated thereunder.
Part 11. Section 101-26-3 of the code is amended to read:
101-26. Snow Emergency Parking.
3. TO ERECT TEMPORARY SIGNS; LOCATIONS. Pursuant to the provisions of [[s. 349.13, Wis. Stats., 1969, "Emergency Powers Granted to Cities of the First Class,"]] >>ch. 323, Wis. Stats.,<< the commissioner of public works is authorized to erect temporary No Parking signs during the existence of an emergency created by a snowstorm or snowstorms or excessive snow fall which impair or prevent the full use of any highway, street or roadway for transportation. A current list of streets where such signs have been erected and the date of erecting of such signs shall be sent by the commissioner of public works to the city clerk, the legislative reference bureau and the district police station.
Part 12. Section 101-37 of the code is amended to read:
101-37. Implied Consent. The city of Milwaukee adopts [[ss. 343.01 and 343.305, Wis. Stats. (1969),]] >>s. 343.305, Wis. Stats.,<< and all subsequent amendments thereto.
Part 13. Section 101-41.5-1 and 3 of the code is amended to read:
101-41.5. Driving After License Revocation or Suspension.
1. ADOPTION OF STATE LAW. The city of Milwaukee adopts [[s. 343.44(1), (2)(a)1 and (3), Wis. Stats.,]] >>s. 343.44, Wis. Stats.,<< and all subsequent amendments thereto.
3. PENALTY. Upon conviction of a violation of said section so adopted, the court shall enter a judgment of forfeiture provided by [[s. 343.44(2)(a)1, Wis. Stats.,]] >>s. 343.44(2), Wis. Stats.,<< in addition to taxable costs and in default of payment thereof order confinement in the county jail or house of correction until such forfeiture and costs are paid, but not to exceed 30 days.
Part 14. Section 102-7-6-e of the code is amended to read:
102-7. Bicycle Regulations.
6. ADDITIONAL RULES OF THE ROAD.
e. Passing Vehicles. Any person operating a bicycle upon a roadway shall exercise due care when passing a standing or parked vehicle proceeding in the same direction and, when passing a standing or parked vehicle that is a school bus that is >>not<< displaying flashing red warning lights shall allow a minimum of 3 feet between the bicycle and the school bus.
Part 15. Section 105-34-2-c and h of the code is amended to read:
105-34. Carrying Dangerous Weapons.
2. DEFINITIONS.
c. “Handgun” means any weapon designed or redesigned, or made or remade, and intended to be fired while held in one hand and to use the energy of an explosive to expel a projectile through a smooth or rifled bore. "Handgun" does not include a machine gun, a short-barreled rifle or a shortbarreled shotgun, as defined in ss. [[941.27]] >>941.231<< and 941.28, Wis. Stats.
h. “Permitted weapon” means a handgun, an electric weapon, as defined in s. 941.295(1c), Wis. Stats., a knife other than a switchblade knife under [[s. 941.24, Wis. Stats.]] >>s. 941.231, Wis Stats.<<, or a billy club, carried lawfully under license as provided in s. 175.60, Wis. Stats.
Part 16. Section 105-46-0 to 3 of the code is amended to read:
105-46. Sale of [[Motorized]] >>Electric<< Scooters.
1. DEFINITION. In this section, [[“motorized scooter”]] >>“electric scooter”<< means a vehicle which is designed and built to be stood or sat upon by the operator and that has 2 small-diameter wheels in tandem, upright t-shaped handlebars, and is powered by an internal combustion engine or electric motor that is capable of propelling the device with or without human propulsion. For the purposes of this section, an electric personal assistive mobility device, a moped, a motor bicycle or a motorcycle, as defined under s. 340.01, Wis. Stats., is not [[a motorized]] >>an electric<< scooter.
2. POSTING OF NOTICES TO BUYERS REQUIRED. Every retail commercial establishment selling [[motorized]] >>electric<< scooters shall have posted on the premises in a prominent and conspicuous manner at or near the display of such item a placard stating as follows: "IMPORTANT NOTICE TO POTENTIAL [[MOTORIZED]] >>ELECTRIC<< SCOOTER BUYERS: The operation of motorized scooters upon public roadways, bicycle ways and sidewalks is against the law. [[Motorized]] >>Electric<< scooters may only be operated with permission on private property, and on private roads and driveways.”
3. SIGNED STATEMENT REQUIRED. Every retail commercial establishment selling [[motorized]] >>electric<< scooters shall obtain from every person buying a [[motorized]] >>electric<< scooter a signed statement on forms provided by the city clerk stating that the buyer is aware that [[motorized]] >>electric<< scooters cannot be operated within the city on public roadways, bicycle ways and sidewalks, as set forth in chs. 341 and 346, Wis. Stats., as amended. The seller must retain the statement for a period of not less than one year from the date of sale.
Part 17. Section 106-23.3-4 of the code is amended to read:
106-23.3. Contributing to Truancy.
4. Subsection 2 does not apply to a person who has under his or her control a truant minor who has been sanctioned through the state Learnfare program under [[s. 49.50(7)(h), Wis. Stats]] >>s. 49.26, Wis. Stats<<.
Part 18. Section 106-23.5-2-b of the code is amended to read:
106-23.5. Parental Responsibility Misconduct of Juveniles.
2. DEFINITIONS.
b. “Custody” means either physical custody of a juvenile under a court order under [[s. 767.23 or 767.24, Wis. Stats.]] >>s. 767.225 or s. 767.41, Wis. Stats.<<, custody of a juvenile under a stipulation under [[s. 767.10, Wis. Stats.]] >>s. 767.10, Wis. Stats.<<, or actual physical custody of the juvenile. Custody does not include legal custody, as defined under s. 48.02(12), Wis. Stats., by an agency or a person other than a juvenile’s birth or adoptive parent. In determining which parent has custody of a juvenile for purposes of this section, the court shall consider which parent had responsibility for caring for and supervising the juvenile at the times that the juvenile’s ordinance violations occurred.
Part 19. Section 106-30.2-1-b of the code is amended to read:
106-30.2. Sale of Electronic Cigarettes to Persons Under 18.
1. DEFINITIONS.
b. “Electronic smoking device paraphernalia” means a cartridge, cartomizer, eliquid, smoke juice, tip, atomizer, electronic smoking device battery, electronic smoking device charger, and any other item specifically designed for the preparation, charging, or use of electronic smoking devices. It does not include any cigarette, as defined in s. 139.30(1m) Wis. Stats., nicotine product, as defined in s. 134.66(1)(f), Wis. Stats., or tobacco products, as defined in [[s. 139.74(12), Wis. Stats]] >>s. 139.75(12), Wis. Stats<<.
Part 20. Section 116-68-3-b of the code is amended to read:
116-68. Cost of Removal.
3. PAYMENT TERMS.
b. Property owners affected by the special assessment for the removal of trees, who waive in writing a public hearing notice as provided for by [[s. 66.703(7)(b), Wis. Stats.]] >>s. 66.0203(7)(b), Wis. Stats.,<< and have a total amount of the unpaid principal of the special assessment remaining over a sum of $125, shall have the special assessment spread equally over the first and next succeeding 9 property tax rolls.
Part 21. Section 200-22-3-d of the code is amended to read:
200-22. Rent Withholding.
3. RELEASE OF FUNDS.
d. To any receiver for the premises appointed under [[s. 823.22, Wis. Stats]] >>s. 823.23, Wis. Stats<<.
Part 22. Section 252-1-1 of the code is amended to read:
252-1. Population Placards for Certain Class “B” Licensed Establishments. 1. REQUIRED. It shall be the duty of a holder of the certificate of occupancy or license, if any, of any building or structure or part thereof now used or hereafter to be used in conjunction with a Class “B” tavern or Class “B” fermented malt beverage license to securely post and maintain in a conspicuous place near the main exit or exit access doorway from the room or space, placards indicating the approved maximum number of persons permitted in such occupancies as regulated in this code. All placards posted under this subsection shall be issued by the department of [[city development]] >>neighborhood services<<.
Part 23. Section 252-74-5-a, b, d and f-2 of the code is amended to read:
252-74. Paving of Parking Lots, Areas and Spaces.
5. PLANS, PLAN EXAMINATIONS, FEES AND PERMITS.
a. Parking Lots for New Buildings and Additions. Plans for a parking lot to be installed in conjunction with new construction, or an addition to an existing building, shall be submitted to the [[commissioner of city development]] >>commissioner of neighborhood services<< for examination simultaneously with the construction plans. The information required on these plans shall be set forth in par. c. No additional building plan or examination permit fee shall be required.
b. Existing Unpaved Parking Lots. Plans for the paving of existing unpaved parking lots shall be submitted to the [[commissioner of city development]] >>commissioner of neighborhood services<< in triplicate, and a plan examination fee as set forth in s. 200-33 shall be paid. The plans shall contain information as outlined in par. c. Upon approval of the plans, the permit fee set forth in s. 200-33 shall be paid and a permit issued. No permit shall be issued for paving before drainage plans are approved.
d. Drainage Systems. Plans for a parking lot requiring a drainage system pursuant to s. 252-71 shall be submitted in triplicate to the [[commissioner of city development]] >>commissioner of neighborhood services<<. Upon approval of such plans and payment of the fees set forth in s. 200-33, a plumbing permit shall be issued for the drainage system.
f.
f-2. Curb cuts shall be required prior to the construction of any accessory or principal building or structure requiring ingress from street or lane, or prior to the construction of any driveway requiring access from any street or lane. Said curb cut shall be installed in compliance with s. 115-23 and shall be approved by the [[commissioner of city development]] >>commissioner of neighborhood services<< after a determination that the accessory or principal building or structure or parking area shall not be in violation of ch. 295.
Part 24. Section 252-77-2 of the code is amended to read:
252-77. Outdoor Play Space for Elementary Schools.
2. REQUIREMENTS. Except when an exemption is requested and approved by the department of [[city development]] >>neighborhood services<< under sub. 3, every premises upon which use of the premises as an elementary school begins on or after the effective date of this ordinance shall comply with all of the following requirements for outdoor play space:
Part 25. Section 301-5 of the code is repealed and recreated to read:
301-5. Unrepresented Aldermanic Districts. For certain licensing matters within the purview of the local council member, the president of the common council may represent the interests of any aldermanic district that has a vacancy, until such time as the vacancy is filled. Those matters are ss. 68-23-2, 75-1-11, 84-45-11, 85-2.5, 85-20, 85-39, 108-5-5, and 275-20-10.
Part 26. Section 320-21-9-c and j of the code is amended to read:
320-21. Historic Preservation Commission.
9. NOMINATION AND DESIGNATION OF HISTORIC SITES, STRUCTURES AND DISTRICTS.
c. Upon conclusion of the public hearing and after consideration of the criteria for determining historic, architectural and cultural significance provided in [[sub. 3-e]] >>sub. 3-f<<, the commission shall decide whether to deny the request for historic designation or recommend historic designation of the nominated structure, site or district to the common council. The commission shall set forth written findings which constitute the basis for its decision. In the case of a recommendation for historic designation, the commission shall also recommend preservation guidelines for the site, structure or district. If the recommendation is to designate a district, the commission shall consider and report in its findings the impact of the designation on low-and-moderate income housing within the district.
j. If, upon conclusion of its public hearing on a nomination for historic designation, the commission denies the request for historic designation, the applicant or local common council member may appeal the commission’s decision to the common council by filing a written request with the city clerk within 20 days after the mailing of the notice of the commission’s decision. The city clerk shall file the appeal with the common council. After a public hearing at the next regularly-scheduled meeting of the appropriate common council committee, the council may, by majority vote of the common council, reverse the decision of the commission after weighing the findings of the commission, the criteria for determining historic, architectural or cultural significance provided in [[sub. 3-e]] >>sub. 3-f<<, and the interest of the public in preserving the subject structure, site or district.
Part 27. Section 320-21-13-d of the code is amended to read:
13. TEMPORARY DESIGNATION.
d. Review of Temporary Designation. Upon conclusion of the public hearing and after consideration of the criteria for determining “historic, architectural and cultural significance” provided in [[sub. 3-e]] >>sub. 3-f<<, the commission shall grant temporary designation if the commission finds that there is a substantial likelihood that the commission will recommend historic designation of the nominated structure, site or district to the common council following full consideration of the application for permanent designation. The decision on temporary designation shall be made within 10 days of close of the public hearing. The commission shall set forth written findings which constitute the basis for its determination. Temporary designation shall be effective until the commission either recommends or denies permanent designation and the period for appeals of that decision to the common council has expired, but in no event more than 180 days from the day of the commission’s decision granting temporary designation.
Part 28. Section 320-21-13-g-3 of the code is amended to read:
g.
g-3. The common council shall review the commission’s decision within 45 days after receipt by the city clerk of the appeal petition. The common council shall consider the application for temporary designation in light of the criteria for determining “historic, architectural and cultural significance” provided in [[sub. 3-e]] >>sub 3-f<< and shall grant temporary designation if it finds that there is a substantial likelihood the common council will grant historic designation of the nominated structure, site or district following full consideration of the application for permanent designation. The common council shall set forth written findings which constitute the basis for its determination. If the common council grants temporary designation, the subject structure, site or district shall be deemed designated as a historic structure, site or district on a temporary basis for a period not exceeding 180 days.
LRB
APPROVED AS TO FORM
K. Broadnax
__________________________
Legislative Reference Bureau
Date: December 16, 2024
_____________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
___________________________
Office of the City Attorney
Date: ______________________
Requestor
City Clerk-Legislative Reference Bureau
Drafter
LRB 180340-3
Christopher Hillard
12/16/2024