NUMB:
980536
VERS:
SUBSTITUTE 2
REF:
XXBY:
THE CHAIR
TITL:
A substitute ordinance relating to forfeitures for non-moving traffic violations.
SECS:
101-34-2-c am
101-34-2-e am
101-34-2-f am
101-34-2-h am
101-34-2-i rc
101-34-2-j cr
101-34-7-c am
101-34-7-e am
101-34-7-f am
101-34-7-i am
ANLS:
- Analysis -
This substitute ordinance increases forfeitures by $5 per violation of parking in a prohibited zone; no parking during winter months during a snow emergency; parking regulations during a snow emergency; overnight parking during a snow emergency; parking in a tow-away zone; parking so as to block a driveway or traffic; leaving a vehicle standing upon the highway; any parking violation which would result in the vehicle being towed; parking on a highway for more than 24 hours; and stopping, standing or parking in parking spaces reserved for the physically disabled.
BODY:
Whereas, A number of non-moving violation forfeiture schedules have not changed in amount since 1985; and
Whereas, These code sections concern parking in a prohibited zone; no parking during winter months during a snow emergency; parking regulations during a snow emergency; overnight parking during a snow emergency; parking in a tow-away zone; parking so as to block a driveway or traffic; leaving a vehicle standing upon highway; any parking violation which would result in a vehicle being towed, and parking on a highway for more than 24 hours; and
Whereas, An increase of $5 per violation would result in a percentage change ranging from 13% to 25% for these violations; and
Whereas, A forfeiture of $20 in 1985 is now equivalent to a $13.19 forfeiture in 1998; and
Whereas, This not only translates into a loss in real revenue to the city, but the lower forfeiture amount in today's dollars may no longer provide an incentive to comply with city parking provisions; now, therefore,
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 101-34-2-c, e, f and h of the code is amended to read:
101-34. Stipulation Procedure; Nonmoving Traffic Violations.
2. FORFEITURE SCHEDULE.
c. Citations issued for parking in prohibited zones, whether required to be posted or not, excluding violation of s. 101-27: [[$20]] >>$25<<.
e. Citations issued for violation of ss. 101-23-10, 101-26 and 101-27 during a snow emergency declared under s. 101-26: [[$25]] >>$30<<.
f. Citations issued for violation of ss. 101-24, 101-24.1, 101-24.2 and 101-25: [[$40]] >>$45<<.
h. Citations issued for violation of s. 101-27-1-a: [[$20]] >>$25<<.
Part 2. Section 101-34-2-i of the code is repealed and recreated to read:
i. Citations issued for violations of s. 346.505, Wis. Stats., adopted by s. 101-3: $55.
Part 3. Section 101-34-2-j of the code is created to read:
j. Citations issued for violations of ss. 101-18 and 101-23-9: $50.
Part 4. Section 101-34-7-c, e, f, g and i of the code is amended to read:
7. PENALTY.
c. Parking in prohibited zones, whether required to be posted or not, excluding s. 101-27 of this code and s. 346.505, Wis. Stats., adopted by s. 101-3: [[$20 to $40]] >>$25 to $45<<.
e. Violations of ss. 101-23-10, 101-26 and 101-27 during a snow emergency declared under s. 101-26: [[$25 to $45]] >>$30 to $50<<.
f. Violations of ss. 101-24, 101-24.1, 101-24.2 and 101-25: [[$40 to $60]] >>$45 to $65<<.
i. Violations of s. 101-27-1-a: [[$20 to $40]] >>$25 to $45<<.
LRB:
APPROVED AS TO FORM
____________________________
Legislative Reference Bureau
Date: _____________________
CATT:
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
___________________________________
Office of the City Attorney
Date: _____________________
ZDPT:
DOA-Budget
DFTR:
LRB98263.3
lme
7/15/98
Note: 11/10/98. Clerical correction made. The Substitute 2 indicated an effective date of November 1, 1998. Since this ordinance is to be passed after that date, a change was made to make the effective date after passage and publication of the ordinance.