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File #: 020414    Version:
Type: Ordinance Status: Passed
File created: 6/25/2002 In control: PUBLIC SAFETY COMMITTEE
On agenda: Final action: 8/1/2002
Effective date: 8/20/2002    
Title: A substitute ordinance relating to loitering upon any public parking surface lot or public parking structure.
Sponsors: ALD. RICHARDS
Indexes: CRIMES AND MISDEMEANORS, PARKING, PARKING LOTS, PARKING STRUCTURES
Attachments: 1. Fiscal Note.PDF, 2. 7/22/02 Letter from City Atty..PDF
Number
020414
Version
SUBSTITUTE 1
Reference

Sponsor
ALD. RICHARDS
Title
A substitute ordinance relating to loitering upon any public parking surface lot or public parking structure.
Sections
106-31-8 cr
Analysis
This substitute ordinance prohibits loitering, either on foot or in or upon any conveyance, on any public parking surface lot or public parking structure, notwithstanding the notification requirements of ss. 101-23.5 and 110-10, which relate to parking on private property and trespassing upon buildings or premises, respectively.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:

Part 1. Section 106-31-8 of the code is created to read:

106-31. Loitering or Prowling.

8. PARKING LOTS, ETC. Loiters in or upon any public parking surface lot or public parking structure, either on foot or in or upon any conveyance being driven or parked thereon, without the permission of the owner or person entitled to possession or in control thereof, notwithstanding the notification requirements of ss. 101-23.5 and 110-10. No arrest shall be made for a violation of this subsection unless the arresting officer first affords such persons an opportunity to explain such conduct, and no one shall be convicted of violating this subsection if it appears at trial that the explanation given was true and disclosed a lawful purpose. As used in this subsection:

a. "Public parking structure" means a building enclosure or garage above or under the ground, or any portion thereof, in which automobiles or motor vehicles may be parked, stored, housed or kept, and open to public use with or without charge.

b. "Public parking surface lot" means 5 or more ground level parking spaces, or any portion thereof, not located in a structure, upon which automobiles or motor vehicles may be parked, stored, housed or kept, and open to public use with or without charge.
LRB
APPROVED AS TO FORM


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