Number
241241
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. ZAMARRIPA
Title
A substitute ordinance relating to creation, modification, and seniority within food peddler vehicle zones.
Sections
68-37-1.5
Analysis
This ordinance establishes a pilot program for the Type-2, Burnham Limited-Density Food Peddler Zone. The ordinance establishes a different type-2, limited density food truck zone ordinance that creates a process for assigning spots no later than 90 days after a food truck zone has been altered or created in order of seniority, and creates an expiration date for all parking spot placements of March 31. In addition, the ordinance creates an exception to the expiration date for any newly assigned spots in altered or newly created food truck zones, provided the assignment took place between January 1 and March 31. Finally, the ordinance changes how seniority is accrued by food peddlers in food truck zones by calculating seniority based on the time the food peddler applied for a parking spot following the creation of a food truck zone, while excluding time accrued by food peddlers who were not grated a spot within a food peddler zone.
...Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 68-37-1.5 of the code are created to read:
68-37. Food Peddlers.
1.5. BURNHAM FOOD PEDDLER ZONE PILOT PROGRAM.
a. Application. Application for a parking space in the Burnham type 2 limited operation food peddler vehicle zone shall be made with the licensing division using an application established for that purpose. If the Burnham type 2 limited operation food peddler vehicle zone is modified, the city clerk shall assign parking spaces in order of seniority no later than 90 days after the modification of the zone. If granted a parking space, the licensing division shall notify the applicant of the assignment, and the applicant shall accept the parking space in writing within 10 calendar days of receiving notification of the assignment or shall forfeit the assignment. Only one parking space shall be assigned per food peddler vehicle. No food peddler vehicle may be assigned a space in more than one zone. Parking space assignments may not be transferred. All parking space assignments shall expire annually on March 31. If a type 2 limited operation food peddler vehicle zone is created or modified between January 1 and March 31, any new parking space assignments shall expire March 31 the following year.
b. Burnham Parking Space Assignment Seniority. Parking space assignment shall be determined by seniority, calculated by counting the number of years since the food peddler applied to operate in the Burnham zone following the date of the zone’s creation. In the case of a food peddler not awarded a parking space at the date of the Burnham zone’s creation or modification, the food peddler’s itinerary shall not be counted towards seniority. Spaces shall be assigned to applicants in order of seniority until all applicants have been assigned a parking space or until all parking spaces are assigned. If applicants remain after all parking spaces are assigned, a waiting list shall be created using the same seniority system.
c. Compliance with Additional Food Peddler Regulations. All food peddlers operating within the Burnham food peddler zone shall comply with all provisions of s. 68-37 that are not superseded by this section.
d. Duration. This section shall be in effect for a period of 2 years after the effective date of this section, when the common council shall determine the necessity for the continuation of the program.
LRB
APPROVED AS TO FORM
____________________________
Legislative Reference Bureau
Date: 11/26/2024
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
____________________________
Office of the City Attorney
Date: ______________________
,,Requestor
,,Drafter
LRB 180374-1
Christopher Hillard
11/26/2024