Number
170568
Version
SUBSTITUTE 1
Reference
Sponsor
ALD WITKOWSKI
Title
A substitute ordinance relating to owner liability for default judgments in non-moving traffic violations.
Section
101-34-1-b am
101-34-1-d cr
Analysis
This ordinance allows the city to hold the owner of a vehicle involved in a nonmoving traffic violation liable for the violation. This change corresponds with a 2016 change in s. 349.13(1), Wis. Stats. which allows for the same.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 101-34-1-b of the code is amended to read:
101-34. Stipulation or Contestation Procedure; Nonmoving Traffic Violations.
1. PROCEDURE.
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]] >>may<< have a default judgment entered against that person for the forfeiture, plus appropriate fees, costs and surcharges as allowed under this section.
Part 2. Section 101-34-1-d of the code is created to read:
d. The owner of a vehicle involved in a nonmoving traffic violation shall be jointly liable for the violation.
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
LRB169389-1
AFW
07/17/2017