Number
070557
Version
ORIGINAL
Reference
Sponsor
ALD. MURPHY
Title
An ordinance relating to the peddling of food and beverages, including water, by minors less than 18 years of age.
Sections
74-3 cr
Analysis
This ordinance creates a new section of the code to specifically address peddling of food and beverages, including water, by minors less than 18 years of age. Currently, the code provides for regulation of vehicular and ice cream food peddlers, and defines a food peddler in s. 74-1-1.5-c to mean any person who sells food from a pushed, peddled, pulled or motorized vehicle or from a carried container. This ordinance provides an expanded definition where food peddlers are less than 18 years of age by defining a “minor food peddler” to include persons under 18 years of age who sell, offer for sale, solicit for sale, collect for sale, display or distribute food on any street or other public place whether or not from a vehicle or container. The ordinance further:
1. Prohibits the employment of children under 12 years of age in peddling food or beverages, including water, upon the streets or other public places, and prohibits responsible adults and certain older youths from permitting children less than 12 years of age to engage in food and beverage peddling activities.
2. Requires that the peddling food or beverages, including water, by minors must be in accord with applicable permit and other requirements of the code and state law.
3. Prohibits minors from peddling food or beverages, including water, from medians or safety islands and prohibits responsible adults or older youth from engaging minors in such activities, consistent with s. 74-1-2.5; and further prohibits minors from going into the street on foot for purposes of peddling food, including water and other beverages. An exception is provided for streets and medians that have been appropriately closed to traffic for events.
4. Provides forfeitures for the following:
Employing or permitting a child less than 12 years of age as a minor food peddler in the amount not less than $50 nor more than $500.
Engaging in or permitting a minor to engage in the activities of a minor food peddler in violation of permit or other requirements in the amount of not less than $25 nor more than $200.
Engaging in activities of a minor food peddler, or permitting such activities, from or upon a median or safety island or going into the street or alley, or permitting a minor to go into a street or alley, on foot for the purpose of activities relating to minor food peddling in the amount of not less than $50 nor more than $500 for each offense.
The ordinance further provides that juveniles found in violation of any provisions of the section shall not be subject to penalties in excess of those provided by state law.
Body
Whereas, Children less than 18 years of age are at risk for traffic-related injuries when engaging in street trades including the peddling of food and beverages from sidewalks and medians; and
Whereas, Persons operating motor vehicles, bicycles, and other vehicles upon the highways are at risk of distraction and resulting increased risk of causing crashes and injuries when children, especially unsupervised children, are present on or near the street, and particularly when children are soliciting from and peddling to motorists, bicyclists and other vehicle operators; and
Whereas, Due to the vulnerability and immaturity of children under 18 years of age, state and city policies have been designed for the protection of children, particularly those engaged in employment or other commerce, from exploitation and risks of injury and other harm; now, therefore
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 74-3 of the code is created to read:
74-3. Peddling of Food by Minors.
1. PURPOSE. The common council finds that minors under 18 years of age are susceptible to injury and other harm when engaged in street trades, and particularly when engaged in activities involving the sale or distribution of food and beverages including water on highways, streets and alleys of the city. The common council further finds that state policy, which defines street trades in setting child labor standards at s. 103.21(6) Wis. Stats., to include the selling, offering for sale, soliciting for, collecting for, displaying or distributing any articles or goods on any street or public place. Section 103.23(1), Wis. Stats., further provides that a minor under 12 years of age shall not be employed or permitted to work at any time in any street trade. This section has for its purpose, among other objects, to secure the health, safety and welfare of minors engaged in activities on the city highways, and to promote the responsible and lawful care, supervision and control of younger children by older youth and adults who are in a position to direct, supervise or otherwise control the activities of children engaged in peddling food or beverages.
2. DEFINITIONS. In this section: a. “Minor” means any person under 18 years of age.
b. “Responsible older youth or adult” means any person having actual or legal care, custody or control of a minor, including any person who enlists, directs, or otherwise engages a minor in activities commonly associated with street trade, except for older youth under 18 years of age and less than 2 years older than the minor engaged in activities commonly associated with street trade.
c. “Food” has the meaning ascribed in s. 74-1-1.5-b, and includes canned or bottled soda, water, and all other beverages.
d. “Minor food peddler” means any minor who sells, offers for sale, solicits for sale, collects for sale, displays, or distributes any food on any street or other public place, or from house to house whether or not from a vehicle or carried container.
3. REGULATION; PROHIBITED ACTIVITIES. a. No minor under 12 years of age may engage in or participate in the activities of a minor food peddler.
b. No responsible older youth or adult shall engage a minor less than 12 years of age in the activities of a minor food peddler.
c. No minor shall engage in, nor be permitted to engage in, the activities of a minor food peddler except in accordance with applicable permit and other requirements of state law and this code.
d. No minor food peddler shall sell, distribute or offer for sale any food or beverage, including water, while on a roadway median or safety island, and no minor food peddler may be directed, instructed or permitted to sell, offer for sale, or distribute any food or beverage, including water, by any responsible older youth or adult while the minor is on a roadway median or safety island.
e. No person, whether a responsible older youth or adult or a minor food peddler, shall enter on foot into any street or roadway, including any alley in which there is vehicular traffic and no responsible older youth or adult shall encourage or permit a minor food peddler to enter on foot into any street or roadway, including any alley in which there is vehicular traffic, while engaged in activities related to the activities of a minor food peddler, except while proceeding across designated pedestrian crosswalks and crossing areas.
4. EXCEPTION. The provisions of sub. 3-d shall not apply when the roadway, street or alley has been closed to traffic under s. 74-1-2-b and the minor food peddler and any responsible older youth or adult are otherwise in compliance with this chapter and with the provisions of chs. 68 to 73 and s. 75-25, where applicable.
5. PENALTIES. a. Any person violating the provisions of sub. 74-3-3-b shall be subject to a Class D penalty, as provided in s. 61-10.
b. Any person violating sub. 74-3-3-c shall be subject to the fine for a Class A penalty, as provided in s. 61-7.
c. Any person violating sub. 74-3-3-d and e shall be subject to a Class F penalty, as provided in s. 61-12.
d. Any person violating any provision of this section who is subject to sanction as a juvenile, shall not be subjected to a forfeiture or other penalty greater than that permitted by state law.
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
LRB06477-1
RLW
7/10/2007