Number
160535
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. BOHL
Title
A substitute ordinance relating to planting fruits and vegetables in the public right-of-way.
Sections
116-54-1 am
116-54-2 am
Analysis
This ordinance prohibits the planting of fruits and vegetables in the public right-of-way without a special privilege permit.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 116-54 of the code is amended to read:
116-54. Planting of Flowers in the Public Right-of-Way.
1. PLANTING OF FLOWERS. The planting of flowers in the public right-of-way is permitted as long as it does not encroach in the path of pedestrians or block the vision of motorists. >>The planting of edible fruits and vegetables is prohibited without a special privilege permit.<< The diggers hotline must be contacted at least 3 business days prior to any excavation related to this subsection.
Part 2. Section 116-54 of the code is amended to read:
2. REQUIREMENTS. >>Flowers may be planted by, or with permission from, the property owner immediately adjacent to that section of the public right-of way.<< Plants may not grow so as to obstruct or encroach upon the curb or sidewalk, block sight lines to the street, be higher than 3 feet or potentially create a trip hazard on the sidewalk or roadway. The department of public works may issue additional planting guidelines.
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: ______________________
Requester
Drafter
LRB165500-3
Adam Wickersham
09/19/2016