City of Milwaukee - File #: 060075

• File #: 060075
• Version: 2
• Type: Ordinance
• Status: Passed
• File created: 5/9/2006
• In control: PUBLIC SAFETY COMMITTEE
• Final action: 7/12/2006
• Effective date: 7/29/2006
• Title: A substitute ordinance relating to the prohibition, suppression and dispersal of unlawful assemblies and providing penalties.
• Sponsors: ALD. DONOVAN, ALD. ZIELINSKI, ALD. MURPHY, ALD. BOHL, ALD. BAUMAN, ALD. DUDZIK, ALD. WITKOWSKI, James N. Witkowiak
• Indexes: CRIME PREVENTION

Date	Ver.	Action By	Action	Result	Tally
7/28/2006	2	CITY CLERK	PUBLISHED
7/21/2006	2	MAYOR	SIGNED
7/12/2006	2	COMMON COUNCIL	ASSIGNED TO	Fail	6:9
7/12/2006	2	COMMON COUNCIL	PASSED; Minutes note: Ald. Bauman moved for the previous question. On the motion: PASS	Pass	10:5
7/12/2006	2	COMMON COUNCIL	RECONSIDERED	Fail	6:9
6/29/2006	1	PUBLIC SAFETY COMMITTEE	AMENDED; Minutes note: Appearances: Richard Withers, Legislative Reference Bureau. Deputy Inspector Ruzinski. Motion by Ald. Zielinski to hear Proposed Substitute (B) relative to Common Council File # 060075. Prevailed. 5-0. Motion by Ald. McGee to amend page 3 of Common Council File #060075, Proposed Subtitute (B) by deleting subsection 4 which reads: 4. VEHICLES CONSTITUTING A PUBLIC NUISANCE; ABATEMENT. a. A motor vehicle operated 2 or more times in an unlawfull assembly is declared to constitute a public nuisance. b. Upon conviction of a motor vehcile operator for 2 o9r more violations of sub. 3-a involving the same motor vehicle, the city attorney is authorized to initiate proceedings in abatement of such nuisance vehicle and to seek appropriate relief includin, but not limited to, removal and sale of the vehicle. This motion leaves the penalties in place for unlawful assembly and ulawful assemblies involving vehicles. The motion further removes the language that authorizes the city attorney to sek the removeal or sale of vehicles. Failed. 1-4. Ald. McGee voting "yes".	Fail	1:4
6/29/2006	1	PUBLIC SAFETY COMMITTEE	AMENDED; Minutes note: Title: A substitute ordinance relating to the prohibition, suppression and dispersal of unlawfull assemblies and providing penalties. Motion by Ald. Zielinski to amend Proposed (B) of Common Council File # 060075, page 3, section 4, by deleting the language in paragraph (b) and inserting in lieu thereof the following: b. The city attorney is authorized to initiate proceedings in abatement of a nuisance vehicle used 2 or more times by any operator or operators convicted of a violation of sub. 3-a, and to seek appropriate relief including, but not limited to, removal and sale of the vehicle. Prevailed. 4-1. Ald. McGee voting "no".	Pass	4:1
6/29/2006	1	PUBLIC SAFETY COMMITTEE	AMENDED; Minutes note: Motion by Ald. McGee to amend Common Council File #060075 be amended as follows: 1. Renumber 105-1-4 to 105-4-5. 2. Create 105-1-4 is created to read: 105-1-4. SPECAIL PURPOSED FUND. All funds received in payment of forfeitures under sub. 3 shall be placed in a specail purpose account under the control of the common council to be designated to fund job-training programs in the city. Request by Ald. McGee to WITHDRAW the motion relative to this file.
6/29/2006	2	PUBLIC SAFETY COMMITTEE	RECOMMENDED FOR PASSAGE	Pass	4:1
6/23/2006	1	PUBLIC SAFETY COMMITTEE	HEARING NOTICES SENT
6/23/2006	1	PUBLIC SAFETY COMMITTEE	HEARING NOTICES SENT
6/23/2006	1	PUBLIC SAFETY COMMITTEE	HEARING NOTICES SENT
6/23/2006	1	PUBLIC SAFETY COMMITTEE	HEARING NOTICES SENT
6/8/2006	0	PUBLIC SAFETY COMMITTEE	HELD TO CALL OF THE CHAIR	Pass	5:0
6/7/2006	1	CITY CLERK	DRAFT SUBMITTED
6/1/2006	0	PUBLIC SAFETY COMMITTEE	HEARING NOTICES SENT
5/18/2006	0	PUBLIC SAFETY COMMITTEE	HELD TO CALL OF THE CHAIR	Pass	5:0
5/15/2006	0	PUBLIC SAFETY COMMITTEE	HEARING NOTICES SENT
5/9/2006	0	COMMON COUNCIL	ASSIGNED TO

Number
060075
Version
SUBSTITUTE 2
Reference

Sponsor
ALD. DONOVAN, ZIELINSKI, MURPHY, BOHL, BAUMAN, DUDZIK, WITKOWSKI AND WITKOWIAK
Title
A substitute ordinance relating to the prohibition, suppression and dispersal of unlawful assemblies and providing penalties.
Sections
105-1 rc
Analysis
This ordinance repeals and recreates s. 105-1 of the Milwaukee code of ordinances conforming the language more closely to state law relating to unlawful assemblies.

Section 105-1 of the code, entitled “Riots, Disorderly Assemblages,” currently provides that “any person who shall make or assist in making any riot, noise, or disturbance in this city or shall aid or countenance any disorderly assemblage shall forfeit a penalty not to exceed $50 for each offense.”

Unlawful assemblies are addressed at s. 947.06, Wis. Stats., which declares that it is the duty of police officers “to suppress unlawful assemblies within their jurisdiction.” The statute punishes the intentional failure or refusal of any person to withdraw from an unlawful assembly with Class A misdemeanor penalties.

This ordinance adopts the state definition of unlawful assembly at s. 947.06(1), Wis. Stats., and provides two levels of forfeiture penalties. The ordinance further defines “person participating in an unlawful assembly involving motor vehicles” to include all persons contributing to an unlawful assembly involving 3 or more motor vehicles.

Failure or refusal to withdraw from an unlawful assembly is punishable by forfeiture of not more than $500. Failure or refusal to withdraw from an unlawful assembly involving 3 or more motor vehicles is punishable by a forfeiture of not less than $250 nor more than $1,000.

Vehicles operated 2 or more times in an unlawful assembly by one or different operators who are convicted of a total of 2 or more violations for failure or refusal to disperse, are declared to be a public nuisance. The city attorney is authorized to bring an action seeking abatemen...