Number
021732
Version
ORIGINAL
Reference
Sponsor
ALD. DONOVAN
Title
An ordinance relating to loitering upon private or public residential property.
Sections
106-31-9 cr
Analysis
This ordinance prohibits loitering upon private or public residential property in residential neighborhoods after being asked to leave by the owner or where No Loitering signs are posted.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 106-31-9 of the code is created to read:
106-31. Loitering or Prowling.
9. PRIVATE OR PUBLIC RESIDENTIAL PROPERTY, ETC. Loiters in or on private or public residential property in residential neighborhoods. As used in this subsection, "loiter" means to, without just cause, linger, remain in or on private or public residential property, or to remain upon the property immediately adjacent thereto after being asked to leave by the owner or person entitled to possession or in control thereof, or where No Loitering signs are posted. 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.
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
LRB03093-1
RGP
3/07/03