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File #: 090527    Version: 0
Type: Ordinance Status: Passed
File created: 9/1/2009 In control: PUBLIC WORKS COMMITTEE
On agenda: Final action: 9/22/2009
Effective date: 10/9/2009    
Title: An ordinance relating to single-space parking meters, multi-space parking meters and space markers.
Sponsors: THE CHAIR
Indexes: PARKING METERS
Attachments: 1. Fiscal Note, 2. Hearing Notice List, 3. Notice Published 10-8-09

Number

090527

Version

ORIGINAL

Reference

 

Sponsor

THE CHAIR

Title

An ordinance relating to single-space parking meters, multi-space parking meters and space markers.

 

Sections

81-82  rc

81-83 rn

81-83-2 cr

81-83-3 cr

95-1-7-a-5 am

101-32-2-a am

101-32-2-b rn

101-32-2-c rn

101-32-2-b cr

101-32-2-c cr

101-32-2-d cr  

101-32.4  am

Analysis

This ordinance updates various sections of the code to reflect the installation of multi-space parking meters and space markers. The ordinance adds the cost, if necessary, of relocating a multi-space parking to the costs covered if a multi-space parking meter is removed for the installation of a loading zone and establishes a fee to cover the costs of labor, materials and overhead, and if necessary the costs of relocating a multi-space meter that is removed for facilities other than a loading zones.

 

This ordinance also establishes the fee for the temporary removal of each multi-space parking meter at an amount to cover the costs of labor, materials and overhead and reinstallation of the meter. The fee for the temporary removal of single-space parking meters or space markers remains at $60 per metered space.

 

Finally, the ordinance adds space markers to the list of items that items related to direct selling are prohibited from touching, leaning against or be permanently or temporarily affixed to, and establishes a penalty for any person who, without lawful authority, removes or damages any space marker within the limits of the city of Milwaukee of less than $50 nor more than $500 or, upon default of payment, imprisonment in the house of correction for not more than 30 days.

.

 

Body

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

 

Part 1. Section 81-82 of the code is repealed and recreated to read:

81-82. Parking Meter or Parking Space Marker Permanent Removal.

1. REMOVAL FOR LOADING ZONES.

The fee for the removal of each parking meter or space marker needed

to accommodate loading zones shall be sufficient to cover the costs of labor, materials and overhead and if necessary the costs of relocating a multi-space meter.

2. REMOVAL FOR FACILITIES OTHER THAN LOADING ZONES. a. The fee for the removal of each single-space parking meter or space marker needed to accommodate facilities other than loading zones shall be $60.

b. The fee for the removal of each multi-space parking meter shall be sufficient to cover the costs of labor, materials and overhead, and if necessary the costs of relocating a multi-space meter.

 

Part 2. Part 99 of file number 090259, passed July 28, 2009 is amended to read: This ordinance takes effect January 1, 2010, except the treatment of >> Part 41, which takes effect upon passage and publication; and<< Part 63 which takes effect November 1, 2009.

 

Part 3. Section 81-83 of the code is renumbered 81-83-1.

 

Part 4. Section 81-83-2 and 3 of the code is created to read:

81-83. Parking Meter or Space Marker Temporary Removal or Hooding

2. The fee for the temporary removal of single-space parking meters or space markers shall be $60 per metered space.

3. The fee for the temporary removal of each multi-space parking meter shall be sufficient to cover the costs of labor, materials and overhead and reinstallation of the meter.

 

Part 5. Section 95-1-7-a-5 of the code is amended to read:

95-1. Direct Sellers.

7. REGULATIONS a-5. No pushcart, goods, signage or any other item related to the operation of a direct seller may touch, lean against or be affixed permanently or temporarily to any building, structure or street landscape item including, but not limited to, street lighting poles, parking meters>>, space markers<<, newspaper vending boxes, trash containers, traffic signal standards, fire hydrants, tree guards, benches or traffic barriers. Freestanding signage is prohibited.

 

Part 6. Section 101-32-2-a of the code is amended to read:

Parking Meter Regulations and Zones

2. DEFINITIONS. a. "Parking meter." Any mechanical

device or meter, not inconsistent with this section, placed or erected for the regulation of parking by the authority of this section >>, including single space and multi-space parking meters<<.

 

Part 7. Section 101-32-2-b and c is renumbered 101-32-2-e and f.

 

Part 8. Section 101-32-2-b to d is created to read:

b. “Single Space Parking Meter.” Any parking meter installed upon the curb or sidewalk immediately adjacent to a parking space.

c. “Multi-Space Parking Meter.” Any parking meter that accepts payment in the form of coins, credit and debit cards for vehicles parked in spaces designated with space markers.

d. “Space Marker.” Any marker installed, in parking meter zones that have multi-space parking meters, upon the curb or sidewalk that designates the number of the parking space immediately adjacent to the space marker.

 

Part 9. Section 101-32.4 of the code is amended to read:

101-32.4. Damaging or Tampering With Parking Meters >> or Space Markers<<.                                                                                                                               Any person who, without lawful authority, opens, removes or damages any

parking meter >>or space marker<<, or possesses a key or device specifically designed to open or break any parking meter, or possesses a drawing, print or mold of a key or device specifically designed to open or break any parking meter within the limits of the city of Milwaukee, shall be fined not less than $50 nor more than $500 or, upon default of payment thereof, be imprisoned in the house of correction of Milwaukee county for not more than 30 days.

 

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

Drafter

JWC

LRB09305-3

08/24/09

 

Clerical correction -- jro -- 08/17/09