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File #: 191963    Version:
Type: Ordinance Status: Passed
File created: 4/14/2020 In control: PUBLIC SAFETY AND HEALTH COMMITTEE
On agenda: Final action: 4/21/2020
Effective date:    
Title: A substitute ordinance relating to enforcement of communicable disease orders.
Sponsors: ALD. BORKOWSKI
Indexes: PUBLIC HEALTH
Attachments: 1. LRB Approval, 2. Public Comment - Joe Duncan, 3. Ald Lewis Motion
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
4/30/20201 MAYOR SIGNED   Action details Meeting details Not available
4/21/20201 COMMON COUNCIL PASSEDPass15:0 Action details Meeting details Video Video
4/21/20201 PUBLIC SAFETY AND HEALTH COMMITTEE RECOMMENDED FOR PASSAGE

Minutes note: Appearing: Ald. Lewis Ald. Lewis moved to amend Common Council File Number 191963 by inserting the following prior to the enabling clause: This action was already DONE at the time the file was filled. “Whereas, The City of Milwaukee, in its efforts to ensure compliance with the State of Wisconsin’s “Safer at Home” order wishes to maintain a full range of enforcement options from education through arrest; and Whereas, Nothing in this ordinance should be construed as limiting or proscribing the ability of the Milwaukee Police Department to arrest individuals for violation of the “Safer at Home” or similar orders when appropriate; now, therefore,” There were no objections.
Pass4:0 Action details Meeting details Video Video
4/14/20200 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available
Number
191963

Version
SUBSTITUTE 1

Reference

Sponsor
ALD. BORKOWSKI

Title
A substitute ordinance relating to enforcement of communicable disease orders.

Analysis
This ordinance authorizes the commissioner of health and police officers to issue orders and citations to any persons who willfully violate or obstruct the execution of an order issued under ch. 62 of the code or ch. 252, Wis. Stats. It further provides a forfeiture of $500 for violating this ordinance.

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

Whereas, The City of Milwaukee, in its efforts to ensure compliance with the State of Wisconsin’s “Safer at Home” order wishes to maintain a full range of enforcement options from education through arrest; and

Whereas, Nothing in this ordinance should be construed as limiting or proscribing the ability of the Milwaukee Police Department to arrest individuals for violation of the “Safer at Home” or similar orders when appropriate; now, therefore,

Part 1. Section 62-10 of the code is created to read:

62-10. Violation or Obstruction of Orders.
The commissioner and any police officer are authorized to issue orders and citations to any persons who willfully violate or obstruct the execution of an order issued under this chapter or ch. 252, Wis. Stats.

Part 2. Section 62-19 of the code is amended to read:

62-19. Penalties. Any person who violates a section listed in column A shall be liable on conviction to the penalties for the class of violations listed in column B and described in ch. 61:

A B
62-7-1 Class F
62-7-2 Class C
62-7-3 Class F
62-9-5 Class F
>>62-10 Class L<<
62-11 Class E
62-13 Class E
62-17 Class A

LRB
APPROVED AS TO FORM


K. Broadnax, Manager
Legislative Reference Bureau
Date: April 17, 2020
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE

DCA Adam B. Stephens
Office of the City Attorney
Date: April 20, 2020

Drafter
LRB175988-1
Tea...

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