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 Section 101-34-1 of the code is repealed and recreated to read: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 may take any or all of the actions authorized under s. 345.28, Wis. Stats.
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
LRB #166681-2
Aaron Cadle
February 10, 2017