Number
060646
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. BAUMAN
Title
A substitute ordinance relating to parking or standing of vehicles used in the business of a common commercial passenger carrier.
Sections
101-23.2 cr
101-25-1 am
101-34-2-j am
101-34-7-j am
Analysis
This ordinance prohibits parking or standing of vehicles used in the business of a common commercial passenger carrier upon any highway of the city. The ordinance defines such vehicles to include any vehicle used to carry passengers for hire having a seating capacity of more than 14 adult passengers. Vehicles found in violation may be towed. Penalties of $55 to $75 are provided for violations, and the amount of forfeiture upon stipulation is set at $55. The reclamation charge for vehicles towed for violation of this section includes the actual cost to the city of towing and a cost of $100 for storage per day which is due to the larger number of parking slots utilized for the parking of common commercial passenger carriers at the city lot.
Body
Whereas, The safe and efficient movement of traffic and of the public throughout the City promotes and encourages business, tourism and other commerce; and
Whereas, Large vehicles, including common commercial passenger carriers, that are left parked or standing on the highways often impede or obstruct the flow of traffic and block the view of vehicle operators attempting to enter or leave the highway ; and
Whereas, The City seeks to promote the safe and secure parking of commercial vehicles off City highways; now, therefore
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 101-23.2 of the code is created to read:
101-23.2. Vehicles Prohibited from Parking or Standing. 1. DEFINITIONS. a. "Vehicle used in the business of a common commercial passenger carrier" means any motor vehicle used by any person, partnership, firm, corporation, limited liability company or other business entity to carry passengers for hire in inter-city transportation and having a seating capacity of more than 14 adult passengers.
b. "For hire" means for payment by individual members of the public for their personal transport, but does not include a vehicle owned or operated by a county or municipal transit authority, a handicapped-elderly vehicle as defined in s. 100-2-7, a vehicle used in the transportation of students to or from a school or for school-related functions, or a vehicle regularly used by an employer for the efficient transportation of employees to or from a place of employment.
c. "Inter-city transportation" means scheduled or unscheduled transportation upon any route originating from, passing through or terminating in the city and that carries passengers to or from any point outside the southeastern Wisconsin counties of Kenosha, Milwaukee, Ozaukee, Racine, Walworth, Washington and Waukesha.
d. "Parked or left standing" means the stopping of any vehicle on a highway for a period of time longer than is necessary to comply with highway signs or traffic controls, but does not include a disabled vehicle or a vehicle that is blocked by traffic. For purposes of this section, any vehicle left unattended by the vehicle operator shall be deemed to be parked or left standing.
2. PARKING OR STANDING PROHIBITED. A vehicle used in the business of a common commercial passenger carrier shall not be parked or left standing on the highways of the city.
Part 2. Section 101-25-1 of the code is amended to read:
101-25. Towing Away of Vehicles.
1. AUTHORITY. Whenever any police officer, or the commissioner of public works or any of the commissioner's designees finds a vehicle standing upon any highway in violation of ss. 101-3, 101-22.5, 101-23, >> 101-23.2,<< 101-24, 101-24.1, 101-24.2, 101-26, 101-26.5, 101-26.7, 101-27, 101-29 and 101-32, the officer, or commissioner of public works or the commissioner's designee is authorized to remove the vehicle to either private or public parking or storage premises. The removal may be performed by or under the direction of the officer, or the commissioner of public works or the commissioner's designee, or a towing contractor under contract with the city. The vehicle reclamation charge that is imposed in order to reclaim a vehicle under this section shall be $95 per vehicle and $20 for each day of storage>>except that the reclamation charge for a vehicle towed for violation of s. 101-23.2 shall be the actual cost to the city of towing and $100 for each day of storage<<. The vehicle reclamation charge shall be paid to the commissioner of public works at the storage facility and the vehicle may be released from storage upon payment of all vehicle reclamation charges and presentation of proper identification. A notice informing the owner of the location of the vehicle, the procedure for reclaiming the vehicle and the availability of a review before the city attorney shall be mailed to the last known address within 24 hours after removal.
Part 3. Section 101-34-2-j of the code is amended to read:
101-34. Stipulation Procedure; Nonmoving Traffic Violations
2. FORFEITURE SCHEDULE.
j. Citations issued for violations of ss. 101-18>>,<< [[and]] 101-23-11 >>and 101-23.2<<: $55.
Part 4. Section 101-34-7-j of the code is amended to read:
7. PENALTY.
j. Violations of [[s.]]>>ss.<< 101-18>> and 101-23.2:<< $55 to $75.
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
LRB06263-2
RLW
9/14/2006