Number
010231
Version
Reference
ORIGINAL
Sponsor
ALD. PAWLINSKI
Title
An ordinance relating to denial, nonrenewal, suspension or revocation of a public passenger vehicle operator's license as a result of pending criminal charges.
Sections
100-54-2-h-0 am
100-54-8 am
100-68-2 rc
Analysis
This ordinance provides for the denial, nonrenewal, suspension or revocation of a public passenger vehicle operator's license not only upon conviction for certain offenses, as is the current practice, but also for pending criminal charges for engaging in prohibited conduct substantially related to the circumstances of the licensed activity.
Body
Whereas, Per s. 111.335(1)(b), Wis. Stats., it is not employment discrimination to refuse to license, or suspend from licensing, any individual who is subject to a pending criminal charge if the circumstances of the charge substantially relate to the circumstances of the particular licensed activity; and
Whereas, The Common Council finds that the circumstances of a pending criminal charge for engaging in prohibited conduct, as defined in s.100-54-2-h-1 to 5 of the code, substantially relate to the circumstances of the business or profession of public passenger vehicle operation; now, therefore
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 100-54-2-h-0 of the code is amended to read:
100-54. Driver's License.
2. QUALIFICATIONS AND APPLICATION.
h. Have their police record checked and not have been convicted of >>or have pending criminal charges for<< any of the following offenses within the last 5 years:
Part 2. Section 100-54-8 of the code is amended to read:
8. RENEWAL OF DRIVER'S LICENSE. The city clerk may renew a driver's license administratively after an appropriate report from the police department and when the driver meets the qualifications set forth in this chapter. If a license was granted and the driver has not, since the issuance of the license, been convicted of >>or has pending criminal charges for<< any of the offenses described in this chapter, the city clerk shall, in successive years, grant the renewal of the license. A driver in applying for a renewal of license shall apply on a form furnished by the city clerk, which shall be filled out with the full name, address, date of birth and such other information the city clerk may require of the applicant, subject to s. 111.335, Wis. Stats.
Part 3. Section 100-68-2 of the code is repealed and recreated to read:
100-68. Revocation or Suspension of License or Permit.
2. ACTION. a. Any license issued under this chapter may be suspended or revoked for cause by the common council after notice to the licensee or permittee and a hearing as provided in this chapter.
b. Any license issued under this chapter may be suspended or revoked by the common council if the licensee or permittee is subject to a pending criminal charge if the circumstances of the charge substantially relate to the circumstances of the business or profession of public passenger vehicle operation.
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:____________________
Requestor
Drafter
LRB01214-1
RGP
5/11/01