Number
081655
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. BAUMAN
Title
A substitute ordinance relating to circus parade regulations.
Sections
81-21.5 cr
105-57-2 am
105-58 cr
105-59 cr
Analysis
This ordinance:
1. Adds the circus parade to the list of special events required to obtain a special events permit issued by the department of public works.
2. Requires the circus parade to proceed along the approved routes specified in the special event permit issued for the event by the department of public works.
3. Establishes a permit fee of $50 for the sale of goods from private properties.
4. Prohibits the sale of any goods, merchandise, tickets or any article of any kind from any private property within an area barricaded for the circus parade, and imposes a forfeiture of $300 for any violation.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 81-21.5 the code is created to read:
81-21.5. Circus Parade: Sales of Goods From Private Properties. The fee for each permit for the sale of goods, merchandise, tickets or any article of any kind from private properties shall be $50.
Part 2. Section 105-57-2 of the code is amended to read:
105-57. Sales on Public Right of Way (Special Events).
2. SPECIAL EVENTS: DESIGNATED RIGHT OF WAY. The right of way for Jazz in the Park, River Rhythms, Riversplash, >>the Circus Parade<<, the Westown Farmer’s Market, and certain special events designated by the commissioner of public works shall be as described in the application for the special event permit issued by the department of public works.
Part 3. Section 105-58 of the code is created to read:
105-58. Licensing of Sales on Private Properties Adjacent to Circus Parade.
1. PURPOSE. It is determined and declared that the use of unimproved private or portion of an improved private property unoccupied by any building, structure or equipment along the routes on the days of the circus parade for sale of goods, merchandise, tickets or any other articles of any kind that interferes with the intended use of public sidewalks and streets adjacent to the private property and that such use of private property should be regulated. This section shall not apply to sales on Milwaukee county property.
2. PERMIT REQUIRED. No person shall sell or offer to sell any goods, merchandise, tickets or any article of any kind from any unimproved private property, or that portion of any unimproved private property unoccupied by any building, structure or equipment along the circus parade route on the day of the circus parade without first applying for and receiving not less than 3 days prior to the circus parade a permit from the city clerk’s office to do so in lieu of an occupancy permit. See s. 81-21.5 for the required permit fee.
3. DESIGNATED ROUTES. The circus parade shall proceed along the approved routes specified in the special event permit issued for the event by the department of public works.
Part 4. Section 105-59 of the code is created to read:
105-59. Sale of Goods (Circus Parade). 1. SALE WITHIN BARRICADED AREA. No person shall sell any goods, merchandise, tickets or any article of any kind from any private property within an area barricaded for the circus parade.
2. PENALTY. Any person convicted of violating this section shall be fined $300 plus costs of prosecution, or in default of payment, shall be imprisoned for not more than 12 days.
LRB
APPROVED AS TO FORM
_________________________
Legislative Reference Bureau
Date:_____________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
LRB09133-2
TWM:sd