Number
020454
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
A substitute ordinance relating to rules of the road.
Sections
101-3-1 am
Analysis
Section 101-3 of the code adopts, among other things, ch. 346 of the Wisconsin Statutes (1969) and all subsequent amendments thereto defining and describing regulations with respect to vehicles and traffic. In a decision and order of the United States District Court, Eastern District of Wisconsin, dated May 29, 2002, United States District Judge Lynn Adelman found s. 346.94(4), Wis. Stats., to be unconstitutional because it burdens the right of free speech. This ordinance specifically excludes s. 346.94(4), Wis. Stats., from s. 101-3-1 of the code.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 101-3-1 of the code is amended to read:
101-3. Rules of the Road.
1. CITY ADOPTS STATE RULE. The city of Milwaukee adopts ch. 346, Wis. Stats., 1969, and all subsequent amendments thereto, defining and describing regulations with respect to vehicles and traffic for which the penalty is a forfeiture only, including penalties to be imposed; except as provided in s. 101-34.>>Excluded from this general adoption of ch. 346, Wis. Stats.,Wis. is s. 346.94(4), Wis. Stats.<< The city of Milwaukee also adopts s. 346.63(1), Wis. Stats., prohibiting driving or operating a motor vehicle while under the influence of an intoxicant or a controlled substance or a combination of an intoxicant and a controlled substance while that person has a blood alcohol concentration of 0.1% or more by weight of alcohol in that person's blood or 0.1 grams or more of alcohol in 210 liters of that person's breath.
LRB
APPROVED AS TO FORM
_________________________
Legislative Reference Bureau
Date:_____________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFOCEABLE
________________________
Office of the City Attorney
Date:____________________
Requestor
Drafter
RMK:lmb
City Attorney
6/12/2002
54495
LRB02333-2
TWM/cac
6/27/2002