NUMB:
990226
VERS:
SUBSTITUTE 2
REF:
XXBY:
ALD. RICHARDS
TITL:
A substitute ordinance relating to loading zone permits for disabled persons.
SECS:
81-70-1-b am
81-70-2 am
81-70-5 cr
81-70-6 cr
101-23.7-1-b-4 cr
101-23.7-2 am
101-23.7-3-b am
ANLS:
- Analysis -
This ordinance makes the following changes to the regulations for the issuance of loading zone permits to disabled persons:
1. The common council may grant a late renewal of a loading zone permit at no charge to a disabled person if the permittee still fits the definition of "disabled person." Currently, a permittee must provide evidence of medical or mental incapacitation in order to be granted late renewal at no charge.
2. The fee for an original loading zone permit for a disabled person shall be $50. Currently, the fee is $150.
3. All residential loading zones for disabled persons shall measure 30 feet in length. This is a codification of current administrative policy.
4. A loading zone permit issued to a disabled person may be transferred to another disabled member of the permittee's household at no charge.
5. The Common Council may approve the transfer of a loading zone permit issued to a disabled person to another location in the city at no charge if the permittee moves to a different residence during the period for which the permit was issued and the permittee files a new loading zone application with the city clerk, who shall provide a copy of the application to the common council member in whose district the new loading zone would be located. Currently, a disabled person must pay $150 to transfer a loading zone permit to a new location.
6. A person with a disability that compromises the person's problem-solving or reasoning skills to the extent that the person needs assistance to move safely from his or her residence to a vehicle on the street is classified as a "disabled person" for purposes of determining eligibility for residential loading zone permits.
BODY:
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 81-70-1-b of the code is amended to read:
81-70. Loading Zone Permit.
1.
b. The common council may grant a late renewal of a loading zone permit to a disabled person as defined in s. 101-23.7-1-b, at no charge, if evidence is submitted that [[medical or mental incapacitation prevented the filing of a timely renewal application]] >>the medical condition that qualifies the person as disabled under that section still exists<<.
Part 2. Section 81-70-2 of the code is amended to read:
2. The fee for each original loading zone permit >>, except a permit issued to a disabled person as defined in s. 101-23.7-1-b,<< shall be computed at the rate of $150 for every 30 feet of curb space or fraction thereof. >>The fee for each original loading zone permit issued to a disabled person shall be $50, with all such permits being for 30-foot loading zones.<<
Part 3. Section 81-70-5 and 6 of the code is created to read:
5. A loading zone permit issued to a disabled person may be transferred to another member of the person's household at no charge. Such transfer may occur only if the permittee or the person to whom the permit is being transferred submits to the common council evidence that the person to whom the permit is being transferred is a disabled person as defined in s. 101-23.7-1-b.
6. The common council may approve the transfer of a loading zone permit issued to a disabled person to another location in the city at no charge if the permittee moves to a different residence during the period for which the permit was issued and the permittee submits a new loading zone permit application to the city clerk.
Part 4. Section 101-23.7-1-b-4 of the code is created to read:
101-23.7. Loading Zone Permits; Special Privilege Areas. 1. DEFINITIONS.
b-4. The individual has a disability, such as but not limited to Alzheimer's disease, delayed mental development or brain injury, which compromises the individual's problem-solving or reasoning skills and which makes it necessary for the individual to receive assistance in moving safely between the individual's residence and any vehicle that transports the individual. (If this condition is temporary, the statement shall indicate the approximate date on which the disability will end.)
Part 5. Section 101-23.7-2 of the code is amended to read:
2. LOADING-UNLOADING PRIVILEGE. Area privileges setting aside curb space for loading and unloading zones in front of residences, stores, theaters, hotels and other places of business may be granted to the owners of such property upon application therefor and proper cause for the same being shown to the common council. Residential loading zone permits may only be issued to households containing disabled persons >>and shall be for 30-foot loading zones only<<.
Part 6. Section 101-23.7-3-b of the code is amended to read:
3. APPLICATION.
b. Copy for Council Member. It shall be the duty of the city clerk, upon receiving a written application for a loading zone permit, to serve a copy of the application to the common council member in whose district the privilege is sought. >>If a disabled person is applying for the transfer of a loading zone permit to a new location pursuant to s. 81-70-6, the city clerk shall serve a copy of the application to the common council member in whose district the new loading zone would be located.<<
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:
DFTR:
99145-3
JDO
5/27/99
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