NUMB:
981234
VERS:
SUBSTITUTE 1
REF:
XXBY:
THE CHAIR
TITL:
A substitute ordinance relating to street construction and work on public ways.
SECS:
115-1-11 am
115-18 am
115-18.5 cr
115-32-2 rn
115-32-2 cr
ANLS:
- Analysis -
This ordinance specifies that facilities located or constructed on public places or public ways must be properly maintained to prevent accidents and damage or nuisance to the public. Any improper construction or maintenance of such facilities must be removed and the area restored when ordered by the commissioner of public works. A permitted obstruction must also be removed or modified if it would enhance the public convenience. The ordinance also specifies that cable service is included in the definition of "public utility" in the code chapter regulating street construction and work on public ways.
BODY:
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 115-1-11 of the code is amended to read:
115-1. Definitions.
11. PUBLIC UTILITY means and embraces every corporation, company, individual, association and their lessees, trustees or receivers appointed by any court that may own, operate, manage or control any plant or equipment whatsoever within the city for the production, transmission, delivery or furnishing of heat, light, water or power or for providing or furnishing telephone, telegraph, radio [[or]] >>,<< television >>or cable<<service, either directly or indirectly, to or for the public.
Part 2. Section 115-18 of the code is amended to read:
115-18. Correction of Improper Construction. Whenever an installation is constructed >>or a maintenance activity undertaken<< in violation of this chapter, the commissioner shall order such installation to be removed and properly placed >>and the area restored<< . Upon refusal of the person making >>or maintaining<< such installation to do so within the time set forth in the order, the commissioner shall cause the necessary work to be done and charge the expense to such person.
Part 3. Section 115-18.5 of the code is created to read:
115-18.5. Maintenance of Facilities. All facilities located on, under or over any public way, public place or any property owned by the city or any public board, commission, authority or agency for which a franchise, privilege or permit has been issued, shall at all times be kept and maintained in a safe, adequate and substantial condition and in good order and repair. Permittees shall, at all times, employ ordinary care and use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injury or nuisance to the public.
Part 4. Section 115-32-2 of the code is renumbered 115-32-3.
Part 5. Section 115-32-2 of the code is created to read:
115-32. Obstruction on Public Ways.
2. The location of any permitted obstruction shall not be construed or deemed to be a vested interest. A permittee shall remove or modify an obstruction at its own expense whenever the city determines that the public convenience would be enhanced by such removal or modification.
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:
Department of Public Works -
Division of Infrastructure Services
DFTR:
99032-2
CW
11/15/99