City of Milwaukee - File #: 050770

• File #: 050770
• Version: 2
• Type: Ordinance
• Status: Placed On File
• File created: 9/27/2005
• In control: PUBLIC WORKS COMMITTEE
• Final action: 3/23/2006
• Title: A substitute ordinance relating to roadside memorials.
• Sponsors: ALD. MCGEE JR.
• Indexes: NUISANCES

Date	Ver.	Action By	Action	Result	Tally
3/23/2006	2	COMMON COUNCIL	PLACED ON FILE	Pass	14:0
3/8/2006	2	PUBLIC WORKS COMMITTEE	RECOMMENDED FOR PLACING ON FILE	Pass	4:0
1/25/2006	2	PUBLIC WORKS COMMITTEE	HELD TO CALL OF THE CHAIR	Pass	5:0
10/14/2005	2	CITY CLERK	REFERRED TO; Minutes note: Not approved by City Attorney.
10/5/2005	1	PUBLIC WORKS COMMITTEE	AMENDED; Minutes note: Speakers: Ald. McGee, 6th Aldermanic District Jeff Mantes, Commissioner of Public Works John Townsend, Citizen Preston Cole, Environmental Services Superintendent, Dept. of Public Works - Operations Ald. Witkowski moved to amend by replacing the 30 days with a ban on memorials. Failed.	Fail	1:4
10/5/2005	1	PUBLIC WORKS COMMITTEE	AMENDED; Minutes note: Ald. Dudzik moved to amend by changing the 30 days to 14 days. Pervailed.	Pass	4:1
10/5/2005	2	PUBLIC WORKS COMMITTEE	RECOMMENDED FOR PASSAGE	Pass	4:1
10/3/2005	1	CITY CLERK	DRAFT SUBMITTED
9/29/2005	0	PUBLIC WORKS COMMITTEE	HEARING NOTICES SENT
9/29/2005	0	PUBLIC WORKS COMMITTEE	HEARING NOTICES SENT
9/29/2005	0	PUBLIC WORKS COMMITTEE	HEARING NOTICES SENT
9/27/2005	0	COMMON COUNCIL	ASSIGNED TO

Number                                                                                                            

050770

Version

SUBSTITUTE 2

Reference

Sponsor

ALD. MCGEE

Title

A substitute ordinance relating to roadside memorials.

Sections

116-7 cr

Analysis

This ordinance directs the commissioner of public works to dismantle and discard a roadside memorial left on or within the boundaries of any public street, sidewalk or walkway for more than 14 days from the date of a fatal accident or occurrence. 

Body

Whereas, The City of Milwaukee recognizes that some citizens grieve by placing a memorial, at the site of a fatal accident or occurrence within the boundaries of the public street, sidewalk or walkway; and 

Whereas, The Wisconsin Department of Transportation has developed policies regarding the removal of highway memorials if they interfere with roadway safety, impact the free flow of traffic or fall into disrepair; and

Whereas, These memorials may pose a safety hazard in the City of Milwaukee by interfering with the flow of pedestrian and motor vehicle traffic through illegal loitering and littering within the boundaries of the public street, sidewalk or walkway; now, therefore

The Mayor and Common Council of the City of Milwaukee do ordain as follows:

Part 1.  Section 116-7 of the code is created to read:

116-7.  Roadside Memorials. 

1.  In this section “roadside memorial” means any of the following items including but not limited to balloons, flowers, pictures, stuffed animals and religious items commemorating the site of a fatal accident or occurrence.

2.  No roadside memorial may be left on or within the boundaries of any public street, sidewalk or walkway for more than 14 days from the date of a fatal accident or occurrence. 

3.  The commissioner of public works shall dismantle and discard a roadside memorial left on or within the boundaries of any public street, sidewalk or walkway after 30 days from the date of a fatal accident or occurrence.

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

LRB05350-3

AEH

10/5/2005