Number
021704
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. D'AMATO
Title
A substitute ordinance relating to parking regulations for street sweeping operations.
Sections
101-25-1 am
101-26.7 cr
101-34-2-d am
101-34-7-d am
Analysis
This ordinance establishes the following:
1. Authorizes the designation of streets on which parking between certain hours is prohibited in order to provide for street sweeping operations.
2. Imposes forfeiture amount of $30 for citations for parking not in compliance with the parking regulations on designated street sweeping streets.
3. Authorizes ticketing and towing of motor vehicles not parked in compliance with the parking regulations on designated street sweeping streets.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 101-25-1 of the code is amended to read:
101-25. Towing Away of Vehicles.
1. AUTHORITY. Whenever any police officer, or the commissioner of public works or any of the commissioner's designees finds a vehicle standing upon any highway in violation of ss. 101-3, 101-22.5, 101-23, 101-24, 101-24.1, 101-24.2, 101-26, 101-26.5,>>101-26.7,<< 101-27 and 101-32, the officer, or commissioner of public works or the commissioner's designee is authorized to remove the vehicle to either private or public parking or storage premises. The removal may be performed by or under the direction of the officer, or the commissioner of public works or the commissioner's designee, or a towing contractor under contract with the city. The vehicle reclamation charge that is imposed in order to reclaim a vehicle under this section shall be $95 per vehicle and $20 for each day of storage. The vehicle reclamation charge shall be paid to the commissioner of public works at the storage facility and the vehicle may be released from storage upon payment of all vehicle reclamation charges and presentation of proper identification. A notice informing the owner of the location of the vehicle, the procedure for reclaiming the vehicle and the availability of a review before the city attorney shall be mailed to the last known address within 24 hours after removal.
Part 2. Section 101-26.7 of the code is created to read:
101-26.7. Street Sweeping Streets.
1. PURPOSE. The common council finds that certain streets experience high demand for parking which restricts the accessibility of street sweeping brooms to the curb line. The common council further finds that it is necessary to prohibit parking between certain hours on certain streets on the day street sweeping operations occur in order to increase the effectiveness and efficiency of street sweeping operations.
2. TO ERECT AND MAINTAIN. The commissioner of public works shall erect and maintain signs prohibiting parking between certain hours on certain streets on the day street sweeping operations occur.
Designated streets are to be found in the common council proceedings, the official record on file in the city clerk's office, and the code on file in the legislative reference bureau.
3. EXCEPTIONS. This section shall not apply to any of the following:
a. An emergency vehicle, including but not limited to an ambulance, fire department vehicle or police department vehicle.
b. Any vehicle, including but not limited to a delivery, utility or service vehicle, which is being used by a person engaged in the provision of services or delivery of goods to a property located on the designated street, provided the name of the commercial enterprise or public utility vehicle providing the service or delivering the goods is clearly identified on the vehicle.
Part 3. Section 101-34-2-d of the code is amended to read:
101-34. Stipulation Procedure; Nonmoving Traffic Violations.
2. FORFEITURE SCHEDULE.
d. Citations issued for violations of ss. 101-26.5>>, 101-26.7<< and 101-27-4: $30.
Part 4. Section 101-34-7-d of the code is amended to read:
7. PENALTY.
d. Violations of ss. 101-26.5>>, 101-26.7<<and 101-27-4: $30 to $50.
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
LRB03101-2
RGP
03/07/03