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File #: 051411    Version:
Type: Ordinance Status: Passed
File created: 2/7/2006 In control: PUBLIC SAFETY COMMITTEE
On agenda: Final action: 2/28/2006
Effective date: 3/17/2006    
Title: A substitute ordinance relating to the definition of luxury limousine and establishing certain appeal hearing procedures under public passenger vehicle regulations.
Sponsors: ALD. WITKOWSKI
Indexes: LIVERY SERVICE, PUBLIC PASSENGER VEHICLES
Attachments: 1. Fiscal Note, 2. List of Approved Vehicles, 3. Memo 2/16/05 from License Division, 4. List of vehicles Licensed as Luxury Limousines as of 2/7/06, 5. Notice Published on 3-16-06.PDF
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
3/16/20062 CITY CLERK PUBLISHED   Action details Meeting details Not available
3/8/20062 MAYOR SIGNED   Action details Meeting details Not available
2/28/20062 COMMON COUNCIL PASSEDPass15:0 Action details Meeting details Not available
2/16/20062 CITY CLERK DRAFT SUBMITTED   Action details Meeting details Not available
2/16/20061 PUBLIC SAFETY COMMITTEE AMENDEDPass4:0 Action details Meeting details Not available
2/16/20062 PUBLIC SAFETY COMMITTEE RECOMMENDED FOR PASSAGEPass4:0 Action details Meeting details Not available
2/13/20061 CITY CLERK DRAFT SUBMITTED   Action details Meeting details Not available
2/10/20060 PUBLIC SAFETY COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
2/10/20060 PUBLIC SAFETY COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
2/10/20060 PUBLIC SAFETY COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
2/10/20060 PUBLIC SAFETY COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
2/10/20060 PUBLIC SAFETY COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
2/10/20060 PUBLIC SAFETY COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
2/10/20060 PUBLIC SAFETY COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
2/7/20060 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available

Number

051411

Version

SUBSTITUTE 2

Reference

 

Sponsor

ALD. WITKOWSKI

Title

A substitute ordinance relating to the definition of luxury limousine and establishing certain appeal hearing procedures under public passenger vehicle regulations.

Sections

100-3-11 rc

100-66-2 rc

Analysis

This ordinance establishes the following:

1. A “luxury limousine” means a category of for-hire, unmetered, unmarked ground transportation vehicles regularly engaged in the business of carrying passengers on a prereserved basis only, and which meets either a stretched limousine or executive sedan classification definition.

2. A vehicle must be of a make and model approved for use by the common council in order to meet the executive sedan classification definition.

3. A list of all makes and models of vehicles approved for use is required to be maintained by the city clerk and must be accessible to the public.

4. Vehicles not meeting the executive sedan classification definition may be permitted if approved by the common council after an appeals hearing and recommendation from the appropriate committee of the common council.

In addition, this ordinance establishes certain factors the committee may consider when making its recommendation relating to approving a make and model of vehicle for use as a luxury limousine under the executive sedan classification definition.

Body

The Mayor and Common Council of the City of Milwaukee do ordain as follows:

 

Part 1.  Section 100-3-11 of the code is repealed and recreated to read:

 

100-3.                     Definitions.

 

11.  LUXURY LIMOUSINE means a category of for-hire, unmetered, unmarked ground transportation vehicles regularly engaged in the business of carrying passengers on a prereserved basis only and which meets the definition of one of the following classifications:

a.  Stretched limousine, which is a luxury custom motor vehicle whose chassis and wheelbase have been altered, whether at the time of manufacture or after, beyond the length of the manufacturer’s original specifications for the vehicle and which has safety features that comply with all applicable federal motor vehicle safety standards.

b.  Executive sedan, which is a luxury production 4-door sedan or sports utility vehicle that may have custom nonproduction features and which is of a make and model approved for use by the common council.

b-1. A list of all makes and models of vehicles approved for use shall be maintained by the city clerk and shall be accessible to the public.

b-2. Specific vehicles not meeting this definition may be permitted if approved by the common council pursuant to s. 100-66-2.

 

Part 2.  Section 100-66-2 of the code is repealed and recreated to read:

 

2.  a. In the event a determination is made by the city clerk that an application for a public passenger vehicle permit for a luxury limousine does not meet the definition under s. 100-3-11-b, no permit shall be issued unless the applicant requests, in writing on forms provided by the city clerk therefor, an appeal before the appropriate committee of the common council, no more than 10 working days after the date on which the applicant was notified of the city clerk’s determination.  A hearing of an appeal shall be conducted as set forth in s. 100-54-4-d.

b. The recommendation of the committee regarding the permit must be based on evidence presented at the hearing. Probative evidence concerning whether the permit should be granted may be presented on the following subjects:

b-1.  The characterization of the vehicle by the manufacturer in sales or promotional materials regularly distributed to the public.

b-2.  The original manufacturer’s suggested retail price or present fair market value of the vehicle.

b-3.  The body style, number of doors, interior volume and rear passenger-carrying capacity of the vehicle.

b-4.  The type and number of any standard and optional equipment, custom nonproduction features and alterations from the manufacturer’s original specifications.

b-5.  Any other factors which reasonable relate to the public health, safety and welfare.

c. The committee may make a recommendation immediately following the hearing or on a later date.  Written notice of the committee’s recommendation will be provided if the decision is made at a later date or if the applicant was not present.  The committee shall forward its recommendation in writing to the common council for vote at the next meeting at which such matter will be considered. 

d. All common council action and committee recommendations prepared pursuant to this subsection shall be conducted as set forth in s. 100-54-7-f.

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:____________________

Drafter

CCL06001-3

RGP

2/16/06