Number
190931
Version
ORIGINAL
Reference
Sponsor
ALD. KOVAC AND BAUMAN
Title
An ordinance relating to snow emergency parking regulations.
Section
101-26-1 am
101-26-2 am
101-26-6 rc
101-27-2-a am
101-27-7-a am
101-34-2-h am
Analysis
This ordinance:
1. Clarifies the authority of the commissioner of public works to declare a snow emergency.
2. Changes the starting time of the enforcement of parking regulations during a snow emergency to 10 p.m.
3. Provides that revenues derived by the city from enforcement of snow emergency parking regulations shall be used to support snow operations.
4. Updates the all night parking special permit to reflect the 10 p.m. change in snow emergency regulations.
5. Removes snow emergency parking regulations already covered elsewhere in the code from the holiday exception provision.
6. Adds forfeiture amounts for second and third parking violations during a snow emergency.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 101-26-1 of the code is amended to read:
101-26. Snow Emergency Parking.
1. EMERGENCY DECLARED. There is declared an emergency to exist in the city of Milwaukee by reason of a snowstorm whenever snow falls during any period of 24 hours or less to a depth which is determined and declared by the commissioner of public works to constitute a [[serious]] public hazard impairing transportation, the movement of food and fuel supplies, medical care, fire, health, and police protection, and other vital facilities of the city. Such emergency is declared >>by the commissioner of public works<< [[to continue for a period of 72 hours or]] until such [[earlier]] time as snow-plowing operations have been declared completed by the commissioner of public works.
Part 2. Section 101-26-2 of the code is amended to read:
2. PARKING REGULATIONS DURING EMERGENCY. It shall be unlawful for any person to park or suffer to be parked any vehicle upon any street marked by temporary No Parking signs. Between the hours of [[11 p.m.]] >>10 p.m.<< and 6 a.m., inclusive, it shall be unlawful for any person to park or suffer to be parked any vehicle upon any street over which there is operated a duly authorized motor bus route or upon any street which is a through highway and not designated for night parking under s. 101-27-9. Between the hours of [[11 p.m.]] >>10 p.m.<< and 6 a.m., inclusive, it shall be unlawful for any person to park or suffer to be parked any vehicle on the even-numbered side of the street on those nights bearing an odd calendar date during the portion thereof before midnight and on the odd-numbered side of the street on those nights bearing an even calendar date during the portion thereof before midnight upon streets which are not through highways or upon through highways designated for night parking under s. 101-27-9.
Part 3. Section 101-26-6 of the code is repealed and recreated to read:
6. SNOW EMERGENCY FUND. All revenues derived by the city from this section, including parking citations, towing, and storage of vehicles shall be entered by the city treasurer in a special account to be designated the snow emergency fund. The fund shall be used to support snow operations.
Part 4. Section 101-27-2-a of the code is amended to read:
101-27. All Night Parking.
2. SPECIAL PERMIT.
a. A vehicle may be parked between the hours of 2 a.m. and 6 a.m., or between the hours of [[11 p.m.]] >>10 p.m.<< and 6 a.m. [[the following day when the department of public works announces snow-plowing operations or other public works operations are underway]] >>during a declared snow emergency<<, provided a special privilege permit for the vehicle is first obtained online or from any facility the city may designate for the sale of such permit, after filing an application and paying a permit fee, all as required under this section, and shall be parked as authorized by such permit, as provided in sub. 5.
Part 5. Section 101-27-7-a of the code is amended to read:
7. EXCEPTIONS.
a. Holidays. On the morning of the 1st day of each week, Sunday; and on the morning of, and the morning following, the 1st day of January, New Year's Day; 3rd Monday in
January, Dr. Martin Luther King, Jr. Day; last Monday in May, Memorial Day; July 4,
Independence Day; 1st Monday in September, Labor Day; 4th Thursday in November, Thanksgiving Day; December 25, Christmas Day, in any year [[, except when the department of public works announces snow-plowing operations or other public works operations are underway. Whenever the department of public works announces snow-plowing operations or other public works operations are underway, vehicles shall only be parked in accordance with the alternate-side parking requirements of sub. 3-a]].
Part 6. Section 101-34-2-h of the code is amended to read:
101-34. Stipulation or Contestation Procedure; Nonmoving Traffic Violations.
2. FORFEITURE SCHEDULE.
h. Citations issued for violation of ss. 101-23-10, 101-26 and 101-27 during a snow emergency declared under s. 101-26: $50 >>for the first violation, $100 for the second violation, $150 for the third and each subsequent 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
LRB175028-1
Tea Norfolk
9/24/2019