Number
040631
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
A substitute ordinance relating to revision of various provisions of the code for purposes of correcting errors, clarifying language and eliminating obsolete provisions.
Sections
75-40-2-a am
81-82-2 am
81-83 rp
81-84 rp
81-85 rc
84-40-14-f-5 am
90-12-5-d-2 am
93-13-3-d-2 am
101-3-1 am
105-75-9-f-5 am
108-13-6-e am
200-33-13-e am
200-33-65-k rp
222-52-1 am
222-52-4 am
301-11 am
Analysis
This ordinance revises provisions of the code for purposes of correcting errors, clarifying language and eliminating obsolete provisions.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 75-40-2-a of the code is amended to read:
75-40. Environmental Health Board.
2. DUTIES. a. The environmental health board shall serve as an appeal board with respect to the nonrenewal, suspension or revocation of permits and licenses issued under chs. 66 and 75 (except for those under [[s.]] >>ss.<< 75-15 >>and 75-51<< ) and under ss. 76-20, 84-45 and 84-48, and with respect to the denial or granting with conditions of permits applied for under s. 66-12-5.
Part 2. Section 81-82-2 of the code is amended to read:
Parking Meter Permanent Removal.
2. REMOVAL FOR FACILITIES OTHER THAN LOADING ZONES.
The fee for the removal of each parking meter needed to accommodate facilites other than loading zones shall be [[$35]] >>$40<<. (See s. 101-50.)
Part 3. Section 81-83 of the code is repealed.
Part 4. Section 81-84 of the code is repealed.
Part 5. Section 81-85 of the code is repealed and recreated to read:
Parking Permit: On-street All Night; Off-Street Municipal Parking Lot. Permits for on-street, all night parking permits, and for off-street municipal parking lots shall be made available on a quarterly and annual basis.
1. The fee for a quarterly permit including sales tax shall be $12.
2. The fee for an annual permit including sales tax shall be $44.
(See ss. 101-27 and 101-33.)
Part 6. Section 84-40-14-f-5 of the code is amended to read:
84-40. Shows or Exhibitions.
14. HEARING PROCEDURE.
f. Council Action.
f-5. The common council shall determine by a majority vote of those in attendance and voting whether to adopt the recommendation of the committee. The vote shall be a roll call vote. If the common council finds the complaint to be true, or if there is no objection to a report recommending non-renewal, suspension or revocation with the committee's report and recommendation, the city clerk shall give notice of each suspension or revocation to the person whose license is not renewed, suspended or revoked. If the common council finds the complaint to be untrue, the proceedings shall be dismissed without cost to the accused.[[ If the common council finds the complaint to be malicious and without probable cause, the cost shall be paid by the complainant upon invoice from the city.]]
Part 7. Section 90-12-5-d-2 of the code is amended to read:
90-12. Revocation or Suspension of Licenses.
5. PROCEDURES FOR REVOCATION OR SUSPENSION.
d. Council Action.
d-2. The common council shall determine by a majority vote of those in attendance and voting whether to adopt the recommendation of the committee. The vote shall be a roll call vote. If the common council finds the complaint to be true, or if there is no objection to a report recommending non-renewal, suspension or revocation with the committee's report and recommendation, the city clerk shall give notice of each suspension or revocation to the person whose license is not renewed, suspended or revoked. If the common council finds the complaint to be untrue, the proceedings shall be dismissed without cost to the accused.[[ If the common council finds the complaint to be malicious and without probable cause, the cost shall be paid by the complainant upon invoice from the city.]]
Part 8. Section 93-13-3-d-2 of the code is amended to read:
93-13. Revocation or Suspension of Licenses.
3. PROCEDURES FOR REVOCATION OR SUSPENSION.
d. Council Action.
d-2. The common council shall determine by a majority vote of those in attendance and voting whether to adopt the recommendation of the committee. The vote shall be a roll call vote. If the common council finds the complaint to be true, or if there is no objection to a report recommending non-renewal, suspension or revocation with the committee's report and recommendation, the city clerk shall give notice of each suspension or revocation to the person whose license is not renewed, suspended or revoked. If the common council finds the complaint to be untrue, the proceedings shall be dismissed without cost to the accused. [[If the common council finds the complaint to be malicious and without probable cause, the cost shall be paid by the complainant upon invoice from the city.]]
Part 9. 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. 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]] >>more than 0.0 but not more than 0.8<<.
Part 10. Section 105-75-9-f-5 of the code is amended to read:
105-75. Private Alarm Systems and Regulations.
9. HEARING PROCEDURE.
f. Council Action.
f-5. The common council shall determine by a majority vote of those in attendance and voting whether to adopt the recommendation of the committee. The vote shall be a roll call vote. If the common council finds the complaint to be true, or if there is no objection to a report recommending non-renewal, suspension or revocation with the committee's report and recommendation, the city clerk shall give notice of each suspension or revocation to the person whose license is not renewed, suspended or revoked. If the common council finds the complaint to be untrue, the proceedings shall be dismissed without cost to the accused. [[If the common council finds the complaint to be malicious and without probable cause, the cost shall be paid by the complainant upon invoice from the city.]]
Part 11. Section 108-13-6-e of the code is amended to read:
108-13. Hearing Procedure.
6. COUNCIL ACTION.
e. The common council shall determine by a majority vote of those in attendance and voting whether to adopt the recommendation of the committee. The vote shall be a roll call vote. If the common council finds the complaint to be true, or if there is no objection to a report recommending non-renewal, suspension or revocation with the committee's report and recommendation, the city clerk shall give notice of each suspension or revocation to the person whose license is not renewed, suspended or revoked. If the common council finds the complaint to be untrue, the proceedings shall be dismissed without cost to the accused. [[If the common council finds the complaint to be malicious and without probable cause, the cost shall be paid by the complainant upon invoice from the city.]]
Part 12. Section 200-33-13-e of the code is amended to read:
200-33. Fees.
13. ELEVATORS.
e. Repair Permit Fees.
The fees for installation or alteration permits required by s. Comm [[18.07]], >>2.15<<, Wis. Adm. Code, shall be charged at the rate of 1.5% of the total cost of repair, with a minimum rate of $50.
Part 13. Section 200-33-65-k of the code is repealed.
Part 14. Section 222-52-1 and 4 of the code is amended to read:
222-52. Construction Permits.
1. PERMIT REQUIRED.
Except as regulated in subs. 1 to 3 no person shall install, alter, repair or replace any elevator or other device regulated in s. Comm [[18.09 (1) and (2)]] >>18.1002<< Wis. Adm. Code, without first obtaining a permit therefore and paying the fees as prescribed in s. 200-33.
4. WORK WITHOUT PERMIT. Where any work is begun on the installation, alteration, repair or replacement of any elevator or other device regulated in s. Comm [[18.09]], >>18.1002<<, Wis. Adm. Code, without obtaining a permit as regulated in sub. 1, the commissioner shall have the power and authority to stop such work until a permit has been procured and quadruple feed paid as regulated in s. 200-32-3.
Part 15. Section 301-11 of the code is amended to read:
301-11. Expenditure of Economic Development [[Committee]] Funds.
All expenditures of common council economic development [[committee]] funds shall be approved by the >>community and<< economic development committee.
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
City Clerk-Legislative Reference Bureau
Drafter
LRB04335-2
BJZ/cac
9/7/2004