Number
070478
Version
ORIGINAL
Reference
Sponsor
THE CHAIR
Title
An ordinance clarifying regulations relating to restricting the operation of public passenger vehicles for hire.
Sections
100-3-1.5 cr
100-50-1-d cr
100-54-1-c cr
Analysis
Currently, the code provides that persons not first holding public passenger vehicle permits issued by the city are prohibited from operating public passenger vehicles for hire within the limits of the city. This ordinance clarifies that a public passenger vehicle not holding a permit issued by the city is authorized to operate for hire within the limits of the city provided that the transportation of passengers for hire within the city is part of a continuous trip where the point of origin of the trip is located outside the limits of the city. In addition, this ordinance establishes the definition of continuous trip.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 100-3-1.5 of the code is created to read:
100-3. Definitions.
1.5. CONTINUOUS TRIP means the transportation of a passenger from the point of origin to the point of destination, or in the instance of a round trip, back to the point of origin, and can include multiple stops and the transportation of passengers not part of the original party, provided that at least one passenger of the original party remains as part of the entire trip.
Part 2. Section 100-50-1-d of the code is created to read:
100-50. Public Passenger Vehicle Permits.
1. PERMIT REQUIRED.
d. It shall be an affirmative defense to a violation of this subsection if the person can demonstrate by clear and convincing evidence that at the time of the alleged violation the transportation of passengers for hire within the city was part of a continuous trip where the point of origin of the trip was located outside the limits of the city.
Part 3. Section 100-54-1-c of the code is created to read:
100-54. Driver's License.
1. LICENSE REQUIRED.
c. It shall be an affirmative defense to a violation of this subsection if the person can demonstrate by clear and convincing evidence that at the time of the alleged violation the transportation of passengers for hire within the city was part of a continuous trip where the point of origin of the trip was located outside the limits of the city.
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
License Division
Drafter
LRB07390-1
TWM:mbh
07/02/2007