City of Milwaukee - File #: 081387

• File #: 081387
• Version: 0
• Type: Ordinance
• Status: Passed
• File created: 2/10/2009
• In control: PUBLIC SAFETY COMMITTEE
• Final action: 3/3/2009
• Effective date: 3/20/2009
• Title: An ordinance prohibiting loitering in or about restaurants, taverns, convenience stores, filling stations and public buildings.
• Sponsors: ALD. HINES JR.
• Indexes: NUISANCES, PUBLIC BUILDINGS, RESTAURANTS, TAVERNS

Date	Ver.	Action By	Action	Result	Tally
3/19/2009	0	CITY CLERK	PUBLISHED
3/12/2009	0	MAYOR	SIGNED
3/3/2009	0	COMMON COUNCIL	PASSED	Pass	14:0
2/25/2009	0	PUBLIC SAFETY COMMITTEE	RECOMMENDED FOR PASSAGE; Minutes note: Individual present: Captain Diana Rowe - Milwaukee Police Dept.	Pass	5:0
2/13/2009	0	PUBLIC SAFETY COMMITTEE	HEARING NOTICES SENT
2/13/2009	0	PUBLIC SAFETY COMMITTEE	HEARING NOTICES SENT
2/13/2009	0	PUBLIC SAFETY COMMITTEE	HEARING NOTICES SENT
2/10/2009	0	COMMON COUNCIL	ASSIGNED TO

Number

081387

Version

ORIGINAL

Reference

Sponsor

ALD. HINES

Title

An ordinance prohibiting loitering in or about restaurants, taverns, convenience stores, filling stations and public buildings.

Sections

106-31-6  am

Analysis

Currently, the city’s loitering or prowling provisions specify only restaurants, taverns and public buildings. This ordinance adds convenience stores and filling stations, and permits issuance of citations without requiring proprietors to directly instruct individuals to vacate if “no loitering” signs are posted. It further requires that police officers give individuals an opportunity to explain their conduct before a citation is issued and precludes conviction if the conduct of cited person is determined to be lawful at trial.

Body

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

Part 1. Section 106-31-6 of the code is amended to read:

106-31 Loitering or Prowling

6.  RESTAURANTS, TAVERNS, >>CONVENIENCE STORES, FILLING STATIONS, PUBLIC BUILDINGS, <<ETC., Loiters in or about a restaurant, tavern>>, convenience store, filling station<< or other public building. As used in this subsection “loiter” means to, without just cause, remain in a restaurant, tavern>>, convenience store, filling station<< or other public building or to remain upon the property immediately adjacent thereto after being asked to leave by the owner or person entitled to possession or in control thereof>>, or where “no loitering” signs are posted<<. >>No arrest shall be made for a violation of this subsection unless the arresting officer first affords such persons an opportunity to explain such conduct, and no one shall be convicted of violating this subsection if it appears at trial that the explanation given was true and disclosed a lawful purpose.<<

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 09034-1

ANC

01/29/09