Number
090975
Version
ORIGINAL
Reference
Sponsor
ALD. DONOVAN
Title
An ordinance increasing penalties for noise nuisance violations upon conviction of a second or subsequent offense.
Sections
61-21 cr
80-90 am
Analysis
This ordinance increases penalties for second and subsequent noise nuisance violations occurring within 3 years of a prior offense for the same violation.
Currently, violations of noise nuisance provisions in ss. 80-60 to 80-65-3 are punishable as Class E health violations and subject to forfeitures of not less than $50 nor more than $500, and, upon default of payment, are punishable by imprisonment of not less than 3 days nor more than 30 days.
Violations of s. 80-65-4 for noise nuisances that are intermittent, random and disruptive, and that are impractical to measure, are punishable as Class K violations and subject to forfeitures of not less than $150 nor more than $1,000, and, upon default of payment, are punishable by imprisonment of not less than 6 nor more than 40 days. These violations are often associated with excessively loud parties and with excessively loud car stereos.
There currently is no penalty enhancement for repeated offenses. This ordinance provides increased penalties for violations of the noise ordinances in ss. 80-60 to 80-65-4 creating a new health related penalty for Class O offenses. The new penalty is a forfeiture of not less than $300 nor more than $1500 for a second or subsequent conviction of the same ordinance violation within 3 years of a prior conviction. Upon default of payment, a violator may be imprisoned not less than 12 nor more than 60 days.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 60-21 of the code is created to read:
61-21. Class O. Upon conviction of a Class O violation, the violator shall forfeit not less than $300 nor more than $1,500. Upon default of payment, the violator shall be subject to imprisonment not less than 12 n...
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