City of Milwaukee - File #: 060223

• File #: 060223
• Version: 1
• Type: Ordinance
• Status: Placed On File
• File created: 5/31/2006
• In control: PUBLIC WORKS COMMITTEE
• Final action: 1/17/2007
• Title: A substitute ordinance relating to exceptions to fees for permits required for occupancy or use of the public way.
• Sponsors: THE CHAIR
• Indexes: FEES, PERMITS

Date	Ver.	Action By	Action	Result	Tally
1/17/2007	1	COMMON COUNCIL	PLACED ON FILE	Pass	13:0
1/3/2007	1	PUBLIC WORKS COMMITTEE	RECOMMENDED FOR PLACING ON FILE	Pass	5:0
6/7/2006	1	CITY CLERK	DRAFT SUBMITTED
6/7/2006	0	PUBLIC WORKS COMMITTEE	HELD TO CALL OF THE CHAIR	Pass	5:0
6/6/2006	0	PUBLIC WORKS COMMITTEE	HEARING NOTICES SENT
6/2/2006	0	PUBLIC WORKS COMMITTEE	HEARING NOTICES SENT
6/1/2006	1	PUBLIC WORKS COMMITTEE	REFERRED TO
5/31/2006	0	COMMON COUNCIL	ASSIGNED TO

Number

060223

Version

SUBSTITUTE 1

Reference

Sponsor

THE CHAIR

Title

A substitute ordinance relating to exceptions to fees for permits required for occupancy or use of the public way.

Sections

81-102-1-a                                          rn

81-102-1-a                                          cr

81-102-1-b                                          rn

81-102-1-c                                          rn

81-102-1-d                                          rn

81-102-2                     rn

81-102-2-b                                          cr

Analysis

This ordinance amends current provisions to exempt from permit fees any temporary occupancy of a sidewalk area, roadway area, parking lane, traffic lane or other public way where, at the end of the temporary occupancy, the area occupied which was previously available for public use will not be available for public use in any manner or will be conveyed to the adjacent property owner.

Body

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

Part 1.  Section 81-102-1-a to d of the code is renumbered 81-102-1-b to e.

Part 2.  Section 81-102-1-a of the code is created to read:

81-102.  Public Ways:  Permits for Temporary Occupancy or Use as Public Ways.

1.DEFINITIONS. 

a.”Available for public use” means available for use by the public as a parking lane, sidewalk area, roadway area, traffic lane or other public way.

Part 3.  Section 81-102-2 of the code is renumbered 81-102-2-a.

Part 4.  Section 81-102-2-b of the code is created to read:

2.CALCULATION OF FEES.

b.Exemption for Certain Projects.  b-1.The fees charged in subs. 3 to 5 shall not be charged for any temporary occupancy of a sidewalk area, roadway area, parking lane, traffic lane or other public way where, at the end of the temporary occupancy, the area occupied which was previously available for public use as a parking lane, sidewalk area, roadway area, traffic lane or other public way will not be available for public use in any manner or will be conveyed to the adjacent property owner.

b-2. All other provisions of the code governing the safety and inspection requirements for temporary occupancy or use of the public ways shall apply to temporary occupancy or use exempt from fees under this section.

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

LRB06275-2

LCS

6/6/06