Number
240354
Version
SUBSTITUTE 2
Reference---
Sponsor
ALD. WESTMORELAND, ALD. ZAMARRIPA, AND ALD. SPIKER
Title
A substitute ordinance relating to penalties for food peddlers operating in the public right-of-way.
Sections
68-37- 1-e-3 cr
68-37-1-e-4 cr
68-37-1-e-5 cr
68-37-1-e-6 cr
68-37-1-e-7 cr
68-37-1-e-8 cr
Analysis
This ordinance creates 3 non-contingent sanctions relating to an assigned parking space within a limited operation food peddler vehicle zone for a food peddler or licensee found to be in violation of any provision relating to a food peddler or licensee operating in the public right-of-way.
1. Warning letter: If the city clerk’s office is provided evidence of a violation of a food peddler-related violation by a food peddler or licensee, the food peddler or licensee will receive a warning letter advising them on the nature of the violation as well as the consequences of additional violations.
2. Licensing committee review of evidence from an aggrieved party: If an aggrieved party files a written complaint with the city clerk seeking the revocation of an assigned parking space and presents evidence of a violation to the city clerk, including photographic or video evidence, the licensing committee shall review the evidence in open session and, based on a preponderance of the evidence, suspend or revoke the food peddler or licensee’s access to their assigned parking space within the limited operation food peddler vehicle zone.
3. Convictions for violations: If a food peddler or licensee is convicted of violating any of the provisions relating to a food peddler or licensee making sales in the public right-of-way, the food peddler or licensee shall have access to their assigned parking space within the limited operation food peddler vehicle zone suspended for 2 weeks. Upon a second conviction within 365 days of the first, the food peddler or licensee shall have access to the assigned parking space revoked.
Following a revocation, for any reason, the licensee may not apply for a parking space within a limited operation food peddler vehicle zone for 2 years.
The ordinance also provides for a parking space suspension and revocation appeals process with common council review and approval in accordance with the license hearing procedures for non-renewal, suspension or revocation provisions of the code. Finally, the ordinance creates a penalty of $50 for the first violation, $100 for the second violation, $200 for the third violation, and $450 for the fourth and each subsequent violation for a food peddler or licensee that violates a parking space suspension or revocation.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 68-37-1-e-3 to 8 of the code is created to read:
68-37. Food Peddlers.
1. SALES ON THE PUBLIC RIGHT-OF-WAY.
e. Limited Operation Food Peddler Vehicle Zone.
e-3. Warning Letter. Notwithstanding the penalty provisions of ss. 68-45, 101-34-m or 115-45-4, or any licensing committee review under subd.4, if the city clerk’s office is presented with evidence of a violation of ss. 68-25, 68-31, 68-32, 68-37, 68-41, 68-43, 101-23-9.5, 101-23-9.6 or 115-45 by a food peddler or licensee, including photographic or video evidence, the food peddler or licensee shall receive a warning letter from the city clerk, sent to the address on file with the city clerk, advising the food peddler or licensee of the nature of the violation as well as the consequences under this section for additional violations.
e-4. Licensing Committee Review of Evidence from an Aggrieved Party. Notwithstanding the penalty provisions of ss. 68-45, 101-34-m or 115-45-4, or any warning letter received under subd. 3, if an aggrieved party files a written complaint with the city clerk seeking the revocation of an assigned parking space and presents evidence, including photographic or video evidence, of a violation of the provisions of ss. 68-25, 68-31, 68-32, 68-37, 68-41, 68-43, 101-23-9.5, 101-23-9.6 or 115-45 by a food peddler or licensee, the licensing committee shall review the evidence in open session and, in accordance with the provisions of s. 85-4 and 85-5, may suspend or revoke access to the food peddler or licensee’s assigned parking space within a limited operation food peddler vehicle zone.
e-5. Suspension and Revocation for Convictions. Notwithstanding the penalty provisions of ss. 68-45, 101-34-m or 115-45-4, any warning letter received under subd. 3, or any licensing committee review under subd. 4, the city clerk shall have the authority to suspend or revoke access to the assigned parking space within a limited operation food peddler vehicle zone of any food peddler or licensee who has been convicted of violating any of the provisions of ss. 68-25, 68-31, 68-32, 68-37, 68-41, 68-43, 101-23-9.5, 101-23-9.6 or 115-45, according to the following procedure:
e-5-a. Upon a first conviction, access to the food peddler or licensee’s assigned parking space within a limited operation food peddler vehicle zone shall be suspended for a period of 2-weeks, in accordance with ss. 85-3-4.4 and 85-5.
e-5-b. Upon a second conviction within 365 days of the first, access to the food peddler or licensee’s assigned parking space within a limited operation food peddler vehicle zone shall be revoked in accordance with ss. 85-3 to 85-5.
e-6. Reapplication. Any food peddler or licensee who has had access to an assigned parking space within a limited operation food peddler vehicle zone revoked shall not be permitted to apply for a parking space within a limited operation food peddler vehicle zone for a period of 2 years following the revocation.
e-7. Appeal of Suspension or Revocation. Any food peddler or licensee who has access to an assigned parking space within a limited operation food peddler vehicle zone suspended or revoked under this paragraph may request in writing an appeal before the licensing committee. An appeal shall be requested no more than 10 working days after the date on which the applicant was notified of the suspension or revocation. An appeal shall be subject to common council review and approval in accordance with the provisions of ss. 85-4-4 and 85-5.
e-8. Penalty for Violation Suspension or Revocation. Any food peddler or licensee found to be in violation of any of the provisions of subds. 4 or 5 shall be subject to the following forfeiters: $50 for the first violation, $100 for the second violation, $200 for the third violation, and $450 for the fourth and each subsequent violation.
LRB
APPROVED AS TO FORM
K. Broadnax
_________________________
Legislative Reference Bureau
Date: September 16, 2024
_____________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFOCEABLE
________________________
Office of the city Attorney
Date:____________________
Requestor
Drafter
LRB 179969-5
Christopher Hillard
9/16/2024