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File #: 071682    Version:
Type: Ordinance Status: Passed
File created: 4/9/2008 In control: PUBLIC WORKS COMMITTEE
On agenda: Final action: 5/20/2008
Effective date: 6/7/2008    
Title: A substitute ordinance related to sales on the public right of way.
Sponsors: ALD. BAUMAN
Indexes: DIRECT SELLERS, SPECIAL EVENT SALES
Attachments: 1. Hearing notice list, 2. Fiscal note, 3. Notice Published on 6-6-08
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
6/6/20081 CITY CLERK PUBLISHED   Action details Meeting details Not available
5/30/20081 MAYOR SIGNED   Action details Meeting details Not available
5/20/20081 COMMON COUNCIL PASSEDPass13:0 Action details Meeting details Not available
5/7/20081 CITY CLERK DRAFT SUBMITTED   Action details Meeting details Not available
5/7/20080 PUBLIC WORKS COMMITTEE SUBSTITUTED

Minutes note: Appearances by: Cecilia Gilbert, Permits and Communication Manager, Dept. of Public Works Stacy Callies, Westtown Association Kate Borders, Easttown Association
Pass4:0 Action details Meeting details Not available
5/7/20081 PUBLIC WORKS COMMITTEE RECOMMENDED FOR PASSAGEPass4:0 Action details Meeting details Not available
4/30/20080 PUBLIC WORKS COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
4/9/20080 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available

Number

071682

Version

SUBSTITUTE 1

Reference

 

Sponsor

ALD. BAUMAN

Title

A substitute ordinance related to sales on the public right of way.

Sections

105-57-1      am

105-57-2      rc

105-57-3      rc

105-57-4      rn

105-57-4      cr

Analysis

This ordinance prohibits the sale, or offer to sell, of any goods, merchandise, foodstuffs, tickets or any other article of any kind on any public street or public sidewalk within 500 feet of the designated right of way for, Jazz in the Park, River Rhythms, Riversplash, the Westown Farmer’s Market, and certain special events designated by the commissioner of public works.

Body

The Mayor and Common Council of the City of Milwaukee do ordain as follows:

 

Part 1. Section 105-57-1-of the code is amended to read:

105-57. Sales on Public Right of Way (Special Events). 1. PURPOSE. It is determined and declared that the use of certain public right of way on the days on which certain special events listed in sub. 2 are scheduled for the specific public purposes to which the right of way is intended is preeminent. It is further determined and declared that sales on the designated public right of way in sub. 2 interferes with their use for their intended purposes. >>It is further determined and declared that the use of the public sidewalk and streets outside of the designated right of way for events listed in sub. 2 interferes with the orderly ingress and egress to and from those special events and therefore with their use for their intended purposes.<<

 

Part 2. Section 105-57-2 of the code is repealed and recreated to read:

2. SPECIAL EVENTS; DESIGNATED RIGHT OF WAY. The right of way for Jazz in the Park, River Rhythms, Riversplash, 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 105-57-3 of the code is repealed and recreated to read:

3. REGULATIONS. a. It shall be unlawful for any person to sell, or offer to sell, any goods, merchandise, foodstuffs, tickets or any other article of any kind on any public street or public sidewalk within 500 feet of the right of way for special events designated in sub.2, for the period of time beginning 2 hours immediately before the commencement of any scheduled event therein and ending one hour immediately after the conclusion of the event. This paragraph does not apply to any sales or offers to sell within the designated right of way of the special events listed in sub 2.

b.  An organization sponsoring a special event specified in sub. 2 shall assign locations to vendors for the event. All vendor vehicles or tents must be located at least 15 feet apart from each other.

 

Part 4. Section 105-57-4 of the code is renumbered 105-57-5.

 

Part 5. Section 105-57-4 of the code is created to read:

4. EXCEPTIONS. Nothing in this section shall be construed to prohibit the resale of tickets to entertainment or sporting events at or below face value.

 

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: _________________________

Department

DPW-Administrative Services

Drafter

LRB6022-8

JWC

5/4/08