City of Milwaukee - File #: 160840

• File #: 160840
• Version: 2
• Type: Ordinance
• Status: Passed
• File created: 10/11/2016
• In control: COMMON COUNCIL
• Final action: 3/1/2017
• Effective date: 3/18/2017
• Title: A substitute ordinance relating to the appeal of parking citations.
• Sponsors: ALD. WITKOWSKI
• Indexes: FINES AND PENALTIES, PARKING

Date	Ver.	Action By	Action	Result	Tally
3/17/2017	2	CITY CLERK	PUBLISHED
3/10/2017	2	MAYOR	SIGNED
3/1/2017	2	COMMON COUNCIL	PASSED	Pass	15:0
2/16/2017	0	PUBLIC SAFETY COMMITTEE	SUBSTITUTED; Minutes note: Appearing: Sponsor, Ald. Witkowski Laura Daniels - Operations Public W orks Tom Woznick - DPW Parking Calvin Fermin - ACA Aaron Cadle - LRB Sheldyn Himle - Municipal Court Administrator Proposed Sub B was offered by Ald. Witkowski	Pass	4:0
2/16/2017	1	PUBLIC SAFETY COMMITTEE	RECOMMENDED FOR PASSAGE	Pass	4:0
2/13/2017	1	PUBLIC SAFETY COMMITTEE	HEARING NOTICES SENT
12/1/2016	1	PUBLIC SAFETY COMMITTEE	HELD TO CALL OF THE CHAIR; Minutes note: Appearing: Ald. Witkowski - Sponsor	Pass	5:0
11/22/2016	1	COMMON COUNCIL	NOT APPROVED BY CITY ATTORNEY; Minutes note: File is not before the Council as not being signed by the City Attorney.
11/10/2016	0	PUBLIC SAFETY COMMITTEE	RECOMMENDED FOR PASSAGE; Minutes note: Appearing: Ald. Witkowski - sponsor Tom Woznick - Parking Operation Manager	Pass	5:0
11/9/2016	1	CITY CLERK	DRAFT SUBMITTED
10/11/2016	0	COMMON COUNCIL	ASSIGNED TO

Number
160840
Version
SUBSTITUTE 2
Reference

Sponsor
ALD. WITKOWSKI
Title
A substitute ordinance relating to the appeal of parking citations.
Sections
101.34-0 am
101-34-1 rc
101.34-6 am
Analysis
This ordinance sets a limit of 65 days on the period for contesting a parking citation. Currently, there is no limit.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:

Part 1. Section 101-34-0 of the code is amended to read:

101-34. Stipulation >>or Contestation<< Procedure; Nonmoving Traffic Violations.

Part 2. Section 101-34-1 of the code is repealed and recreated to read:

1. PROCEDURE. a. Any person to whom a citation has been issued for a nonmoving traffic violation in this section shall do either of the following within 65 days of the issuance of the citation:
a-1. Enter into a stipulation with the city of Milwaukee providing for a forfeiture of money which may be paid at the city’s violation bureau’s payment centers.
a-2. Schedule an appearance in municipal court to answer the charges as set forth in the citation.
b. Any person to whom a citation has been issued for a nonmoving traffic violation in this section who fails to either stipulate to the forfeiture or schedule an appearance in municipal court to answer the charges within 65 days of the issuance of the citation shall have a default judgment entered against that person for the forfeiture, plus appropriate fees, costs and surcharges as allowed under this section.
c. A citation for a nonmoving traffic violation shall include the date on which the municipal court may enter a default judgment against the person to whom the citation has been issued.


Part 3. Section 101-34-6 of the code is amended to read:

6. FAILURE TO PAY FORFEITURE. If the alleged violator fails to pay the amount of the forfeiture as provided herein or to [[appear]] >>schedule an appearance<< in court within [[28]] >>65<< days after the issuance of a nonmoving traffic citation, the city...