Number
050735
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
A substitute ordinance relating to revision of various provisions of the code for purposes of correcting errors, clarifying language and eliminating obsolete provisions.
Sections
74-1-4.5 am
74-1-7.5-b-2-b am
74-1-7.5-b-2-c am
75-25-1-d am
75-25-1-e am
79-12.5-2 am
84-45-3.5-a am
84-45-3.5-c am
84-45-3.5-d am
95-1-9-e am
95-2-2-b-8 rp
95-2-2-b-9 rn
95-2-2-b-10 rn
251-1 am
275-20-7-q-0 am
295-311-1-b am
304-7-2-f am
Analysis
This ordinance revises various provisions of the code for purposes of correcting errors, clarifying language and eliminating obsolete provisions.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 74-1-4.5 of the code is amended to read:
74-1. Vehicular Food Peddlers:
4.5. COMPANY NAME. [[Effective October 1, 1996, each]] >>Each<< side of the vehicle shall display the name of the person to whom the permit is issued, and local telephone number in lettering not less than 4 inches high.
Part 2. Section 74-1-7.5-b-2-b and c of the code is amended to read:
7.5. PROHIBITED AND REQUIRED ACTS.
b-2-b. Refrigerated at [[40]] >>41<<°F or lower by means of mechanical refrigeration.
b-2-c. Heated and maintained at [[150]] >>135<<°F.
Part 3. Section 75-25-1-d and e of the code is amended to read:
75-25. State Food Protection Practices Certificate Required for Food Service Operations.
1. DEFINITIONS.
d. “Food service operation” means a regular restaurant, as that term is defined under ch. [[HSS]] >>HFS<< 196, Wis. Adm. Code, or a retail food establishment, as that term is defined under s. 97.30, Wis. Stats., except that the term does not include a retail food establishment that processes non-potentially hazardous food or sells prepackaged potentially hazardous food obtained from an approved source.
e. Potentially hazardous food “has the meaning given to that term under [[s.]] >>ch.<< ATCP [[75.01]] 75, appendix,<< and ch. [[ HSS]] >>HFS<< 196 >>,appendix,<< of the Wis. Adm. Code.
Part 4. Section 79-12.5-2 of the code is amended to read:
79-12.5. Regulation of Compost Piles.
2. MASTER COMPOSTERS. The provision of sub. 1 shall not apply to piles kept by persons who have successfully completed any of the composting programs offered by the University of Wisconsin - Extension [[Havenwoods State Forest]] or the River Edge Nature Group.
Part 5. Section 84-45-3.5-a, c, and d of the code is amended to read:
84-45. Filling Stations.
3.5. SECURITY CAMERA REQUIRED.
a. Install, maintain in proper working order and operate during all hours the store is open to customers a security camera which can produce [[a retrieval image of film or tape]] >>reproducible digital color images<<.
c. If a time-lapse [[videorecorder]] >>digital video recorder<< is operated, recorded images shall not be recorded at a slower speed than 24 hours.
d. Recorded [[tapes]] >>digital image files<< shall be kept for a minimum of 72 hours.
Part 6. Section 95-1-9-e of the code is amended to read:
95-1. Direct Sellers.
9. REGULATIONS. e. [[Effective October 1, 1996, each]] >>Each<< side of a vehicle used in the conduct of business shall display the name of the person to whom the license is issued, and local telephone number in lettering not less than 4 inches high.
Part 7. Section 95-2-2-b-8 of the code is repealed.
Part 8. Section 95-2-2-b-9 and 10 of the code is renumbered 95-2-2-b-8 and 9.
Part 9. Section 251-1 of the code is amended to read:
251-1. Adoption of State Code. Except as otherwise provided in this chapter, the city of Milwaukee adopts [[ch.]] >>s.<< Comm [[70]] >>61.05<< Wis. Adm. Code, as amended, and ss. 145.01(1), (2), and (4), 145.15(4), 145.165, and 145.175, Wis. Stats., as amended, as part of this code.
Part 10. Section 275-20-7-q-0 of the code is amended to read:
275-20. Licensing of Licensed Dwelling Facilities.
7- q. Causes for Revocation, Suspension and Nonrenewal of Licenses. [[Effective January 1, 1998, a]] >>A<< license issued under this section may be revoked, suspended or denied renewal for cause by the common council for any of the following reasons:
Part 11. Section 295-311-1-b of the code is amended to read:
295-311. Appeals.
1. BOARD OF ZOINING APPEALS.
b. Membership. The board shall consist of 5 members appointed by the mayor, subject to confirmation by the common council, for terms of 3 years. Board members shall be residents of the city and hold no other public office or employment except that of notary public. At least one member shall be licensed to practice law in the state of Wisconsin. The mayor shall designate one of the members as chairperson. The mayor [[may]] >>shall<< appoint, for [[staggered]] terms of 3 years, 2 alternate members of such board in addition to the 5 members already provided for. Annually, the mayor shall designate one of the alternate members as 1st alternate and the other as 2nd alternate. The 1st alternate shall act, with full power, only when a member of the board refuses to vote because of conflict of interest or when a member is absent. The 2nd alternate shall act, with full power, only when the 1st alternate so refuses, is absent or defers to the 2nd alternate, or when more than one member of the board so refuses or is absent. The alternate members shall be entitled to the same compensation as is provided for other members of the board. Board members, including alternates, shall be removable by the mayor for causes upon written charges and after public hearing. Vacancies, including vacancies for alternate members, shall be filled for the unexpired terms of members whose terms become vacant.
Part 12. Section 304-7-2-f of the code is amended to read:
304-7. Claims Against the City.
2. STANDARDS AND PROCEDURE.
f. The office of the city attorney shall submit to the common council semiannual reports as to the [[determination and disposition of all]] >>settlement of<< claims [[filed]] during the preceding period, as well as other reports as may be requested by the common council. Copies of the reports shall be made available to other city departments or officials upon request.
Part 13. This ordinance shall take effect upon passage and publication, except for part 5 which shall take effect one year from the date of passage and publication.
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
LRB05342-3
BJZ/cac
10/3/2005