Number
240403
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. SPIKER
Title
A substitute ordinance relating to penalties for disorderly conduct while possessing, using or threatening to use a dangerous weapon.
Sections
106-1-3 rc
Analysis
This ordinance increases the maximum forfeiture if a person engages in disorderly conduct while possessing, using or threatening to use a dangerous weapon.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 106-1-3 of the code is repealed and recreated to read:
106-1. Disorderly Conduct.
3. PENALTIES. a. Any person violating this section shall upon conviction forfeit not more than $500 and, in default of payment thereof, shall be imprisoned as provided by law; and, for offenses occurring between the hours of 8:00 p.m. and 5:00 a.m. upon a street designated as a cruising area under s. 101-20.5, including the land within the street lines whether or not improved, shall be fined not less than $200 nor more than $1,000 and in default of payment shall be imprisoned as provided by law.
b. Any person violating this section while possessing, using or threatening to use a dangerous weapon shall upon conviction forfeit not more than $5,000 and, in default of payment thereof, shall be imprisoned as provided by law. In accordance with s. 947-01(2), Wis. Stats., it is not a violation of this section to load a firearm, or to carry or go armed with a firearm or a knife, without regard to whether the firearm is loaded or the firearm or the knife is concealed or openly carried.
c. In lieu of paying a forfeiture, any person violating this section may be ordered to perform community service work, in accordance with s. 800.09, Wis. Stats.
-2-
LRB
APPROVED AS TO FORM
K. Broadnax
____________________________
Legislative Reference Bureau
Date: July 8, 2024 _____________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
____________________________
Office of the City Attorney
Date: ______________________
Requestor
Drafter
LRB180008-5
Ned Littlefield
July 2, 2024