Number
240195
Version
ORIGINAL
Reference
Sponsor
ALD. BROSTOFF
Title
An ordinance relating to residential daytime parking privileges for commuter parking impacted areas.
Sections
81-87 am
101-27.7-3 am
101-27.7-4-0 am
101-27.7-9 rn
101-27.7-7 rc
101-27.7-8 rc
101-27.7-9 cr
101-27.7-10 rn
101-27.7-10 cr
101-27.7-11 rn
101-27.7-11 cr
101-27.7-12 rn
Analysis
This ordinance allows a temporary resident of a commuter parking impacted area who owns or operates a vehicle with an out-of-state registration to be eligible for a residential parking permit if the resident meets certain criteria. In addition, the ordinance establishes a permit fee of $15 for a resident with a Wisconsin-registered vehicle and $325 for a temporary resident with an out-of-state registered vehicle. This ordinance also reorganizes application and permit information in the existing ordinance to increase clarity.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1 Section 81-87 of the code is amended to read:
81-87. Parking Permit: On-Street Commuter Parking, Impacted Areas.
There shall be [[no fees]] >>a fee of $15<< charged for on-street commuter parking permits for impacted areas issued on an annual basis >>for vehicles with valid Wisconsin registration and license plates. The fee for each annual on-street commuter parking permit for vehicles with out-of-state registration and license plates shall be $325<<.
Part 2. Section 101-27.7-3 and 4-0 of the code is amended to read:
101-27.7. Residential Daytime Parking Privilege for Commuter Parking Impacted Areas.
3. [[IMPACTED AREAS.]] >>AREA ELIGIBILITY.<< A residential area shall be deemed eligible for residential parking permit parking if, based on objective criteria considered by the commissioner, parking therein is impacted by commuter vehicles during those hours when all-night parking regulations are not in effect.
4. [[ELIGIBILITY.]] >>AREA DESIGNATION.<<
Part 3. Section 101-27.7-6 of the code is amended to read:
6. JURISDICTION. At said public hearing, the commissioner shall recommend by report to the council based upon the record of his or her investigation whether [[or not]] to designate the area under consideration as a residential permit parking area [[or to retain or remove the designation in the case of an established residential permit parking area.]] >>, to retain an existing designation or to remove a designation.<< The council shall approve or disapprove the recommendation of the commissioner at its next meeting.
Part 4. Section 101-27.7-7 and 8 of the code is repealed and recreated to read:
7. APPLICANT ELIGIBILITY. A permit shall be issued upon application and payment of the applicable fee only to the owner or the operator of a motor vehicle who resides on property immediately adjacent to a street, avenue or other location within the residential permit parking area.
8. PERMIT APPLICATION. a. Means of Application. Permit application shall be by means approved by the commissioner of public works.
b. Applicant Information. The owner or operator of each vehicle being registered for a permit shall provide that person’s name, address and Wisconsin driver’s license number.
c. Vehicle Information. The applicant shall provide the make, model and registration number for each vehicle on the application.
d. Address Verification. At the time of application, the applicant shall present a current and valid motor vehicle registration for each vehicle listed on the application and one of the following:
d-1. A valid Wisconsin driver’s license with the same address as that stated on the application.
d-2. A valid Wisconsin driver’s license and a utility bill with the same address stated on the application.
d-3. A valid Wisconsin driver’s license and another form of identification which verifies residency at the same address stated on the application which is approved by the commissioner of public works.
e. License Plates. e-1. Each vehicle shall have valid Wisconsin motor vehicle license plates.
e-2. Temporary plates issued by the state of Wisconsin are valid. It is the responsibility of the permit applicant to request a plate change if different plates are issued.
e-3. Permits will not be issued for vehicles without current license plates.
Part 5. Section 101-27.7-9 to 12 of the code is renumbered to 101-27.7-12 to 15.
Part 6. Section 101-27.7-9 to 11 of the code is created to read:
9. PERMIT. a. Number of Permits per Household. Only one residential parking permit shall be issued per household.
b. Number of Vehicles per Permit. Each household may register 2 vehicles on the same permit provided they are both owned and operated by a permanent resident of the household and only one vehicle utilizes the permit at a time.
c. Permit Information. The permit shall contain the hundred block, directional and street name of the applicant’s residence, the date of issuance, expiration date, and permit number, along with the license number, make and year of each vehicle and the commuter parking impacted area in which the permit holder resides.
d. Form of Permit. A permit holder may be issued, at the sole discretion of the commissioner of public works, a physical permit to be displayed on the vehicle named in the permit application, or a paperless permit solely held by and on file with the department of public works.
e. Renewal. Permits may be renewed annually by means approved by the commissioner of public works.
f. Lost or Stolen Permit. If a valid permit is lost or stolen, the permit shall be replaced free of charge provided the permit holder submits an affidavit attesting that, to the best of the permit holder’s knowledge, the permit has been lost or stolen.
10. TEMPORARY RESIDENTS. a. General. A temporary resident living in Milwaukee may obtain a residential parking permit upon compliance with this subsection, in addition to compliance with all other provisions of this section, except the temporary resident’s motor vehicle shall be validly registered and licensed in the jurisdiction of lawful permanent residence of the permit applicant.
b. Temporary Resident Certification. The temporary resident shall certify on the application for a permit that he or she:
b-1. Maintains his or her permanent residence in another jurisdiction. The applicant shall specify the address thereof.
b-2. Owns or operates a motor vehicle registered in the jurisdiction of permanent residence but which is housed at the Milwaukee residence for which the permit is sought.
b-3. Is living in Milwaukee under a residential housing lease at a particular address. The applicant shall specify a complete Milwaukee address and telephone number, and the name, address and telephone number of the rental agent or owner of the building for which the permit is sought.
b-4. That such statement is made for the purpose of obtaining a residential parking permit and that it is understood that any change in circumstances materially affecting any of the requirements of this ordinance or any false information or representation made in such statement shall be cause for immediate revocation of the permit.
c. Proof of Residence. The temporary resident applicant shall be required to provide a copy of his or her lease or other reasonable proof that the applicant is living at the address for which a permit is sought at the time of making such application.
11. ISSUANCE OF PERMIT AND SIGNAGE. Following common council approval of the designation of a residential permit parking area, the department of public works shall issue appropriate permits and shall cause parking signs to be erected in the area, indicating the times, locations and conditions under which parking shall be by permit only
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
LRB179817-1
Kathleen Brengosz
5/2/2024