Number
171521
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. WITKOWSKI
Title
A substitute ordinance relating to the leaving of ignition keys in parked motor vehicles.
Sections
101-30 am
101-34-2-b am
101-34-2-k rn
101-34-2-k cr
101-34-2-L rn
101-34-7-b am
101-34-7-k rn
101-34-7-k cr
101-34-7-L rn
101-34-7-m rn
Analysis
The code currently prohibits a person from leaving his or her motor vehicle unattended on a street or alley, or in any other public place, unless the starting lever, throttle, steering apparatus, gear shift, brake system or ignition of the vehicle is locked and the key for the lock is removed from the vehicle. This ordinance applies this prohibition to a motor vehicle parked in a driveway, parking lot, parking slab or other outdoor location on private property, as well.
This ordinance also increases the citation for a violation of this prohibition from $22 to $75, and the general penalty for violation of this prohibition from a range of $22-$60 to a range of $75-$105.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 101-30 of the code is amended to read:
101-30. Leaving of Ignition Keys in a Parked [[Auto]] >>Motor Vehicle<< . 1. LOCK REQUIRED. Every [[passenger]] motor vehicle >>,<< except a common carrier of passengers [[is required to]] >>, shall<< be equipped with a lock suitable to lock [[either]] the starting lever, throttle, steering apparatus, gear shift lever, brake system or ignition system.
2. [[ON PUBLIC STREET]] >>KEY IN UNATTENDED, UNLOCKED VEHICLE PROHIBITED<< . No person may permit a motor vehicle in his >>or her<< custody to stand or remain unattended on any street [[,]] >>or<< alley or in any other public place >>or in any driveway, parking lot, parking slab or other outdoor location on private property<< , except an attended parking area, unless [[either]] the starting lever, throttle, steering apparatus, gear shift, brake system or ignition of said vehicle is locked and the key for such lock is removed from the vehicle. This subsection shall not apply to motor trucks when the engine must be kept running while the truck is standing or parked in order to provide power for auxiliary devices, appliances, accessories or machinery that are or is related to nondriving occupational operations, provided that the operator of the motor truck is in the near vicinity of the truck engaged in assigned or related duties while the engine is running, and further provided that the vehicle must be equipped with positive neutral position brake locks plus a safety override, or similar appropriate safety features.
Part 2. Section 101-34-2-b of the code is amended to read:
101-34. Stipulation or Contestation Procedure; Nonmoving Traffic Violations.
2. FORFEITURE SCHEDULE.
b. Citations issued for violation of ss. 101-27-7-d, 101-27.8 [[, 101-30]] and 101-32-6: $22.
Part 3. Section 101-34-2-k and L of the code is renumbered 101-34-2-L and m.
Part 4. Section 101-34-2-k of the code is created to read:
k. Citations issued for violation of s. 101-30, $75.
Part 5. Section 101-34-7-b of the code is amended to read:
7. PENALTY.
b. Violations of ss. 101-27-7-d [[,]] >>and<< 101-27.8 [[and 101-30]]: $22 to $52.
Part 6. Section 101-34-7-k to m of the code is renumbered 101-34-7-L to n.
Part 7. Section 101-34-7-k of the code is created to read:
k. Violations of s. 101-30: $75 to $105.
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
LRB170672-2
Jeff Osterman
01/22/2018