Number
031661
Version
ORIGINAL
Reference
Sponsor
THE CHAIR
Title
An ordinance relating to the enforcement of excessive noise limitations.
Sections
80-60-13 rn
80-60-14 rn
80-60-13 cr
80-63-3-a-0 am
80-63-3-a-1 am
80-63-3-a-3 am
80-63-3-b am
Analysis
Currently, an owner, operator or owner's registered agent of a building shall be liable for all costs of administration and enforcement when a person in the building has been charged with violating the city's excessive noise limitations.
Under this ordinance, an owner, operator or owner's registered agent of a premise, which would include all structures, shall be liable for all costs of administration and enforcement when a person on the premise has been charged with violating the city's excessive noise limitations.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 80-60-13 and 14 of the code is renumbered 80-60-14 and 15.
Part 2. Section 80-60-13 of the code is created to read:
80-60. Definitions.
13. PREMISES means one or more lots or portions of lots, including any structures, which are contiguous and under common ownership or control.
Part 3. Section 80-63-3-a-0, a-1, a-3 and b of the code is amended to read:
80-63. Excessive Noise Prohibited.
3.a. An owner, operator or owner's registered agent of a [[building]]>>premises<< shall be liable for all of the costs of administration and enforcement of this subsection whenever all of the following occur:
a-1. A person [[in the building]]>>on the premises<< has been charged with violating the noise limitations set forth in s. 80-64 or 80-65.
a-3. A person [[in the building]]>>on the premises<< is found to have been charged with violating the noise limitations set forth in s. 80-64 or 80-65 and that violation occurred not less than 8 business days after mailing of notice under subd. 2. The violation shall be at the same address and in the same unit and involve the same occupancy, but need not involve the same person for whom notice of violation was sent under subd. 2.
b. The chief of police shall provide a record of each charged violation of s. 80-64 or 80-65 and the costs of enforcement to the commissioner. Upon the issuance of a citation, the commissioner may provide written notice under par. a-2 to the owner, operator or owner's registered agent of the [[building]]>>premises<< in which the charged violation occurred.
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
Department of Neighborhood Services
Drafter
LRB03567-1
aw
3/12/04