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File #: 220413    Version:
Type: Ordinance Status: Passed
File created: 7/12/2022 In control: COMMON COUNCIL
On agenda: Final action: 5/31/2023
Effective date: 6/17/2023    
Title: A substitute ordinance relating to regulations for the parking and operation of food peddler vehicles.
Sponsors: ALD. ZAMARRIPA, ALD. BROSTOFF, ALD. DIMITRIJEVIC, ALD. WESTMORELAND
Indexes: FOOD DEALERS, LICENSES
Attachments: 1. Downtown Type 1 (Time Limited) Map, 2. Burnham Park Type 2 (Density-Limited) Map, 3. Photo of the new grass 1/2, 4. Photo of the new grass 2/2, 5. Photo of the 2nd day after the new grass 1/2, 6. Photo of the 2nd day after the new grass 2/2, 7. Sequence 1, 8. Sequence 2, 9. Sequence 3, 10. Sequence 4, 11. Sequence 5, 12. Sequence 7, 13. Sequence 8, 14. Sequence 9, 15. Sequence 10, 16. Sequence 11, 17. Sequence 12, 18. Sequence 13, 19. Sequence 14, 20. Sequence 15, 21. Sequence 16, 22. Sequence 17, 23. Sequence 18, 24. Sequence 19, 25. Sequence 20, 26. Sequence 21, 27. Sequence 22, 28. Walk Trough May 4,2023 at 7:54 AM, 29. 2023-05-05 1, 30. 2023-05-05 2, 31. 2023-05-05 3, 32. The Lowlands Group E-mail in Support, 33. 2022-07-29 sign takedown 01 movie, 34. 2022-07-29 sign takedown aftermath, 35. 2022-07-29 Water and waste dump 1, 36. 2022-07-29 Water and waste dump 2, 37. 2022-09-24 Garbage_drop_off 4, 38. 2023-04-15 no parking sign, 39. 2023-04-15 Parking right in front of NO PARKING sign, 40. Blocking_corner - CANNOT see around, 41. Garbage and cooking waste oil walkthrough, 42. Parking in Front of Bus Stop, 43. Sidewalk trash bag, 44. Urinating 2, 45. BID 11 E-Mail in Support, 46. BID 11 Exhibit 1, 47. BID 11 Exhibit 2, 48. BID 11 Exhibit 3, 49. BID 11 Exhibit 4, 50. BID 11 Exhibit 5, 51. Visit Milwaukee Letter in Support, 52. Mke Downtown Presentation in Support, 53. SW Corner 92nd & Capitol 1, 54. SW Corner 92nd & Capitol 2, 55. SW Corner 92nd & Capitol 3, 56. SW Corner 92nd & Capitol 4, 57. SW Corner 92nd & Capitol 5, 58. SW Corner 92nd & Capitol 6, 59. SW Corner 92nd & Capitol 7, 60. SW Corner 92nd & Capitol 8, 61. SW Corner 92nd & Capitol 10, 62. Water St 1, 63. Water St 2, 64. Water St 3, 65. Water St 4, 66. Burnham Park Type 2 Density-Limited Food Peddler Vehicle Zone.pdf, 67. 177966 Food Truck Legislation Changes.pdf, 68. Testimony from Zocalo, 69. BID #11 Julia Taylor, 70. IMG_2930, 71. IMG_3968, 72. image1, 73. Statement from Rachel Taylor, 74. WRA Letter in Support, 75. Burnham Park Type 2 Density-Limited Food Peddler Vehicle Zone Updated 5-30-23.pdf, 76. CH115 - see p. 27 - locations where selling from parked vehicle already prohibited.pdf, 77. 5.31.23 UPDATED Type 2 Density Map, 78. 177966 Spiker Food Truck Motion.pdf, 79. 177966 Food Truck Ordinance 2.5c Spiker.pdf, 80. Notice published 6/16/2023
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
6/16/20232 CITY CLERK PUBLISHED   Action details Meeting details Not available
6/6/20232 MAYOR SIGNED   Action details Meeting details Not available
5/31/20232 COMMON COUNCIL AMENDED

Minutes note: Ald. Zamarripa moved to amend the file to replace Burnham Park Type 2 (Density-Limited) map in the file and moved for adoption. The map adds 2 blocks. There were no objections. Ald. Spiker moved to amend to add one provision to prohibit parking within 300 feet of a school during school hours and also moves enforcement from MPD to DPW parking checkers. Ald. Brostoff does not support this amendment as he sees the annual review as a means of tweaking the ordinance and DPW is not supportive due to the work load. Ald. Zamarripa also did not support the motion as she also sees the annual review as a way to examine the entire ordinance. Ald. Spiker withdrew his motion.
Pass15:0 Action details Meeting details Video Video
5/31/20232 COMMON COUNCIL PASSEDPass15:0 Action details Meeting details Video Video
5/18/20231 PUBLIC SAFETY AND HEALTH COMMITTEE RECOMMENDED FOR PASSAGE

Minutes note: Appearing: Sponsor Ald. Brostoff Sponsor Ald. Zamarripa Alders requested to be added as Co-sponosors: Demitrijevic, Westmorland. There were no objections. Anne Rachwal - resident Ald. Zamarripa acknowledge two Burnham Park food truck owners that were present: Micaela Antonez Jimenez - Taqueria La Brazita, LLC Jennifer Antunez Martinez - El Pastorcito Mixe Mayor's Office - Claire Zautke
Pass5:0 Action details Meeting details Not available
5/16/20231 PUBLIC SAFETY AND HEALTH COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
5/16/20231 PUBLIC SAFETY AND HEALTH COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
5/16/20231 LICENSES COMMITTEE RECOMMENDED FOR PASSAGE AND ASSIGNED

Minutes note: Appearing: Sponsors Ald. Zamarripa & Ald. Brostfoff Tea Norfolk LRB Ald. Zamarripa and Ald. Brostoff talked about the highlights of the ordinance. Ald. Perez stated that each district can or not use or apply this ORD, based on the needs of each district. Ald. Chambers seconded President's words. He said that this is not in any way, a reprimand, it is just another tool to make sure that business are making the best use of their resources and thrive in their business. Ald. Dimitrijevic addressed concerns relative to operational fees - no change on the fees. Pres. Perez asked sponsors how today's testimonies will be taking into consideration, moving forward. Ald. Zamarripa stated that through this process they have been able to hear the constituents concern for their neighborhoods safety and density of food trucks that may create a traffic safety hazard. She also said that she had the best conversations with food truck operators. Ald. Borkowski asked to all food trucks to be considerate of their surroundings. Public Testimony: Alexander Lopez Aviles Isa's ICe Cream 2025 S 35th Street., 53215 He said that he supports the ORD to move away from ban and implementing regulations. Gildardo Gonzalez Mexicdrive Express 2219 S 30 St., 53215 He said that in relation to the Seniority of the food trucks, just to give more opportunities to the food truck operators. He is in support of including seniority when considering new applicants. Claire Zautke - Mayor's Office She said that the Mayor supports this ORD, thanked the sponsors and also said that it has been an unprecedented level of collaborations among council members and city departments: Carly Hagerty - Consumer Health MHD Tyler Weber - Environmental Health Tom Woznick - DPW Heather Hugh, Lt. Tiel & Srgt. Velasquez - MPD Jim Cooney - License Division Manager Abdullah Ismail The Fatty Patty Burgers 4313 W Howard Ave., 53220 He stated that if this ORD requires to move every two hours, it will create an inconvenience for their operations. He said that shortening the hours of operations will reduce his earnings. He added that they do not have control of patrons littering in the vicinity of where the food truck is parked. Eric Wagner Lowlands Group 2205 N Lake Dr., 53202 Mr. Wagner said that he supports the food trucks and that regulations must be implemented. He added that he has submitted photos and video of problems created by customers and operators like oil on the street, urination in front of his building, creating unsafe environment for neighbors and businesses. He added that food trucks' lighted signs block the brick and mortar businesses' signs. He also said that it can't be at the expense of residents and other business and not get in the way of quiet and enjoyment. Maryann Galicia 2064 S 33rd St., 53215 Resident of the Burnham Park Area. She said that too many food trucks in the area are creating traffic safety issues for the area. She also said that food trucks must show concern and consideration of the people that live in the area. She added that this ORD would help alleviate of the congestion in the area. Ald. Coggs asked sponsors regarding the lighting/signage nuisance that food trucks are using. Ald. Zamarripa is aware and will continue to work with DNS, in future updates. Matt Schmidt The Harp, Trinity, Vagabond, Water Street Brewery He said that he is in support of the legislation and that they must be held accountable as the food dealer licensees are. Kristine Holmer - Support Wisconsin Restaurant Association 2801 Fish Hatchery Rd., Madison WI 53713 The association has submitted al letter in support that has been added to the file. Robert Wilkein "Bobby" 8789 S Buckhorn Grand Way., Franklin WI 53132 Cream City Concepts He said that food trucks should adhere to regulations being implemented and to take care of their area. Jahir Arias JC Kings Tortas 3132 S 13th St., 53215 He said that he supports the ORD, that there is high density of food trucks in the city that must be regulated and that they need safety places for the products they offer. Jack Roman Third Street Tavern - Cream City Concepts 1110 N Old World 3rd ., 53203 He said that he supports the ORD and would like seeing to hold owners accountable of their surroundings and business operations. He said that he likes the idea of them being open late. Michael Vitucci Uncle Bucks Restaurant 1125 N MLK., 53203 He said that it is vital that food trucks work together because their ill behavior affects all others. Beth Weirick Milwaukee Downtown BID 21 301 W Wisconsin Ave. Room 106, 53203 She said that she supports food trucks, that they are a great assets to the city's events throughout downtown. She added that the BID promotes Milwaukee as a Friendly City. and that she is excited for the growth of this entrepreneurship. She also expressed that liquid waste, lighting, noise nuisance, are few concerns. Micaela Antunez JImenez Taqueria La Brazita LLC 1539 S 21 St., 53204 She said that she supports this ORD. that would help all the businesses. Paula Perez Monroy 2028 W Mitchell St., 53204 La Esperanza She said that back when she started her business, they rendered good service and now she sees the area over populated while other areas are not. She said that now that she owns her restaurant, she would not like a food truck in front of hers and that we all need to be considerate of each other. Jennifer Antunez-Martinez Food Peddler on Burnham Park El Pastorcito Mixe She said that she is concerned for the safety of the children playing in the baseball field. She said that she supports this ORD and she is thankful for the implementation that this ORD brings. Walter Garron Brown Berets Wisconsin Coalition of the Food Trucks 2923 W Mitchell., 53215 He said that when the ban was issued, none of the food truck owners were aware. He added that a meeting took place between sponsors that according to him, it did not go well. He added that he wants to work together with all food trucks owners and the City to make this ORD work. He said that downtown is not people friendly and that he is pushing for a Food Truck Park. He does not agree of the 50-feet restriction. Ald. Coggs stated that formal complaints are submitted to the License Division and available to anyone upon request.
Pass5:0 Action details Meeting details Video Video
5/16/20231 LICENSES COMMITTEE RECOMMENDED FOR PASSAGE AND ASSIGNED

Minutes note: MHD Carley Hagely - Consumer Health Public testimony:
Pass5:0 Action details Meeting details Not available
5/11/20231 LICENSES COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
5/11/20231 LICENSES COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
7/12/20220 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available

Number

220413

 

Version

SUBSTITUTE  2

 

...Reference

160363, 170737

 

Sponsor

ALD. BROSTOFF, ZAMARRIPA, DIMITRIJEVIC AND WESTMORELAND

 

Title

A substitute ordinance relating to regulations for the parking and operation of food peddler vehicles.

 

Sections

68-1-20                     am

68-1-24                     am

68-37-1                     rc

68-37-5.5                     cr

80-8                                          am

80-44-1                     rc

92-3-2-c                     am

101-23-9.5                     cr

101-23-9.6                     cr

101-34-2-m                     cr

101-34-7-n                     cr

115-45                     am

115-45-1                     am

115-45-2-c                     rc

115-45-4                     rc

 

Analysis

This ordinance:

1. Adds food peddler vehicle to the definition of a food establishment.

2. Adds mobile or transient retail food establishment to the definition of food peddler vehicle.

3. Provides that food peddler vehicles shall not be operated between 3 a.m. and 6 a.m. Monday through Friday, or between 3:30 a.m. and 6 a.m. Saturday and Sunday.

4. Creates two types of limited operation food peddler vehicle zones. A Type 1 zone limits time by providing that a food peddler vehicle parked in that zone shall not be operated between 1 a.m. and 6 a.m. and shall not be parked in the zone for more than six hours in a 12-hour period.   A Type 2 zone limits density by providing that a certain number of food peddler vehicles may be parked on a block face in that zone.

5. Establishes the application process for food peddler vehicles seeking a parking space in a Type 2 limited operation food peddler vehicle zone.

6. Provides that the food peddler vehicle policy shall be reviewed annually.

7. Requires a food peddler vehicle operator to provide trash receptacles for patrons, and monitor and pick up litter at regular intervals during operations and when departing.

8. Prohibits a food peddler vehicle operator from dumping any quantity of liquid waste.

9. Provides that a food peddler vehicle shall be subject to nuisance regulations.

10. Provides that any person who holds a food peddler vehicle license that is licensed by another municipality or the state is not exempt from obtaining a mobile seller’s license.

11. Prohibits food peddler vehicles from parking within 50 feet of a restaurant without a drive-through facility, with the option to waive this restriction by council approval.

12.  Permits the Common Council to waive food peddler vehicle parking restrictions by motion.

13. Increases the minimum forfeiture for violating any provision relating to selling articles from parked vehicles from $5 to $50, and the maximum from $50 to $500.

14. Provides that the department of public works - parking enforcement may enforce the parking regulations governing food peddler vehicles.

15. Removes the existing ban for food peddler vehicles on Lincoln Avenue, established by Common Council File Numbers 160363 and 170737.

16. Establishes a Type I Time-Limited Food Peddler Vehicle Zone.

17. Establishes a Type 2 Density-Limited Food Peddler Vehicle Zone.

18. Provides that the department of public works, department of neighborhood services, and police department shall work in consultation with the common council to establish a noise and lighting nuisance standard by May 1, 2024, for presentation at the annual review of this ordinance.

 

Body

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

 

Part 1. Section 68-1-20 of the code is amended to read:

 

68-1. Definitions.

20. FOOD ESTABLISHMENT shall have the meaning provided [[in ch. DHS 196, Appendix,]] >>for “retail food establishment” in ch. ATCP 75,<< Wis. Adm. Code, as amended. This term shall include any restaurant, food peddler >>vehicle<<, micro market, community food program, school, college, university, or temporary food stand.

 

Part 2. Section 68-1-24 of the code is amended to read:

 

24. FOOD PEDDLER VEHICLE means any pushed, pedaled, pulled or motorized vehicle from which food is prepared or sold >>and includes any mobile or transient retail food establishment licensed under s. ATCP 75.06, Wis. Adm. Code <<.

 

Part 3. Section 68-37-1 of the code is repealed and recreated to read:

 

68-37. Food Peddlers.

1. SALES ON THE PUBLIC RIGHT-OF-WAY. a. Findings. The common council finds food peddler vehicles parked on the public right-of-way in areas where there is a high concentration of traffic and pedestrian density jeopardize the safety of pedestrians and drivers, and dangerously increase traffic congestion. The common council further finds limiting the locations and times these vehicles may park on the public right-of-way in specified areas contributes to public safety. The common council shall review annually the ordinances relating to food peddler vehicles. It is the intent of the common council to work in cooperation with the police department, health department, and department of public works to administer its food peddler vehicle program.

b. Definition. For purposes of this subsection, “limited operation food peddler vehicle zone” means a portion of a public right-of-way designated by the common council for parking of food peddler vehicles subject to specified limitations. A limited operation food peddler vehicle zone shall be recorded on a map that may be found in the common council proceedings. The official record shall be on file in the city clerk’s office.

c. Locations Restrictions.

c-1. Public Right-of-way. All sales shall be made on the public right-of-way directly from a food peddler vehicle or a carried container unless one of the following exemptions is met:

c-1-a. A food peddler is selling food at the invitation of a business owner on private property provided all sales are made only to employees of the business and not to the general public.

c-1-b. A food peddler is issued an occupancy permit by the department of neighborhood services allowing food sales by the food peddler on a private property.

d. Time Restrictions. A food peddler shall not offer for sale or sell food between 3 a.m. and 6 a.m., Monday through Friday, or between 3:30 a.m. and 6 a.m. on Saturday and Sunday.

e. Limited Operation Food Peddler Vehicle Zone. The department of public works shall mark a limited operation food peddler vehicle zone by either posting a sign or painting the designated area.

e-1. Type 1, Time-Limited Food Peddler Vehicle Zone. Notwithstanding sub. d, a food peddler vehicle that is parked in a type 1 limited operation food peddler vehicle zone shall not:

e-1-a. Offer for sale or sell food between 1 a.m. and 6 a.m.

e-1-b. Park in that zone for more than 6 hours within a 12-hour time period.

e-2. Type 2, Density-Limited Food Peddler Vehicle Zone. The maximum number of food peddler vehicles allowed on a block face in a type 2 limited operation food peddler vehicle zone shall be determined for that specific block based upon density and traffic safety, as determined by the common council in consultation with the department of public works and the police department.

e-2-a. Application. Application for a parking space in a type 2 limited operation food peddler vehicle zone shall be made with the licensing division using an application established for that purpose. In the first year this ordinance is in effect, applications shall be filed no later than July 1, 2023, and shall be filed no later than March 1 of each year thereafter. If granted a parking space, the licensing division shall notify the applicant of the assignment, and the applicant shall accept the parking space in writing within 10 calendar days of receiving notification of the assignment or shall forfeit the assignment. Only one parking space shall be assigned per food peddler vehicle.  No food peddler vehicle may be assigned a space in more than one zone.  Parking space assignments may not be transferred.

e-2-b. Parking Space Assignment Seniority. Parking space assignment shall be determined by seniority, calculated by counting the number of years a food peddler has operated in the zone for which the applicant is applying as reported on their itinerary.  Spaces shall be assigned to applicants in order of seniority until all applicants have been assigned a parking space or until all parking spaces are assigned. If applicants remain after all parking spaces are assigned, a waiting list shall be created using the same seniority system.

e-2-c. Additional Points. One year of seniority shall be added for a vehicle that is all of the following: 12 feet or less in length, 11 feet or less in height, and 7 feet or less in width, including wheels and all extensions, counter space, foldouts, awnings, or other contrivances attached to the main body of the food peddler vehicle.

e-2-d. Tie. If more than one food peddler has the same number of years of seniority, this tie shall be broken using the following criteria, considered in order:

e-2-d-1. Whichever food peddler has been licensed by the City the longest.

e-2-d-2. Whichever food peddler’s average food establishment grade is higher, as determined by the health department pursuant to s. 68-9-7. 

e-2-d-3. Whichever applicant has received the fewest demerits for being disciplined by the city for offenses relating to the operation of food peddler vehicles. Each warning letter from the licenses committee shall count as one demerit. Each suspension of more than 10 days or revocation shall count as 5 demerits.

e-2-d-4.  A game of chance administered by the license division.

e-2-e. Waiting List. Late applicants and food peddlers who forfeit their parking space as provided in subd. e-2-a shall be placed at the bottom of any waiting list. Any parking space that becomes available after parking space assignments have been made shall be offered to the highest-ranking food peddler on the waiting list.

f. Special Permission. The common council may grant permission to a food peddler to park a food peddler vehicle and offer for sale or sell food at a location, on a date, and during a time period not otherwise authorized by this subsection.

 

Part 4. Section 68-37-5.5 of the code is created to read:

 

5.5. LITTER CONTROL. A food peddler operating from a food peddler vehicle shall provide a sufficient number and capacity of litter receptacles adjacent to the peddler’s point of sale, and within any area patrons may reasonably be expected to congregate while eating. A food peddler shall:

a. Regularly monitor any area patrons may reasonably be expected to congregate while eating during operations, and collect litter found on sidewalks and the public right-of-way, regardless of the source of the litter.

b. Promptly empty litter receptacles whenever full to minimize litter on sidewalks and the public right-of-way.

c. Return litter receptacles and litter collected to a home base kitchen at the end of each day’s operations and properly dispose of collected litter.

 

Part 5. Section 80-8 of the code is amended to read:

 

80-8. Notice to Abate Nuisance. It shall be the duty of the commissioner to give notice in writing to the person, firm or corporation owning, occupying, in charge or control of any premises >>or vehicle<< wherein a public nuisance shall be, to forthwith abate and remove the same; and any premises or conditions so described in ss. 80-6 to 80-7 which shall be so maintained or permitted to exist for a period of 2 hours after reasonable notice in writing, signed by the commissioner, shall have been given to the person, firm or corporation owning, occupying, in charge or control of the same, are declared to be public nuisances which shall be forthwith abated.

 

Part 6. Section 80-44-1 of the code is repealed and recreated to read:

 

80-44. Dumping. 1. DEFINITION. In this section, “dumping” means either of the following:

a. Depositing solid waste on public or private property, as defined in s. 79-1-12   in an amount greater than the capacity of a standard 20-gallon container without the consent of the property owner.

b. Depositing liquid waste on public or private property, as defined in s. 79-1-6   in any amount by a food peddler or by the operator of a food peddler vehicle without the consent of the property owner.

 

Part 7. Section 92-3-2-c of the code is amended to read:

 

92-3. License Required; Exceptions.

2. EXCEPTIONS.

c. Any person solely selling food and licensed under ch. 68, or exempted from licensing under ch. 68. >>This exemption does not apply to any food peddler vehicle licensed by another municipality or mobile or transient retail food establishment licensed by the state.<<

 

Part 8. Section 101-23-9.5 of the code is created to read:

 

101-23. Erection of Parking Signs.

9.5. FOOD PEDDLER VEHICLE ZONE. a. Limited operation food peddler vehicle zones, as defined in s. 68-37-1-b, shall be established by the common council subject to the following regulations:

a-1. Width of Roadway. Limited operation food peddler vehicle zones shall be confined to places alongside the curb and along the center of the street where the roadway, exclusive of the sidewalk, is 35 feet in width or more.

a-2. Designation. The location of limited operation food peddler vehicle zones shall be designated by signs attached to posts adjacent to the zones.  The location of food peddler vehicle spaces on a block face within a Type 2 limited operation food peddler vehicle zone shall be determined by the department of public works in consultation with the local council member and the police department.  These spaces shall be marked with signage or paint markings.

a-3. Time Limit in Type 1 Time-Limited Zone. A food peddler vehicle shall not park in a Type 1 time-limited food peddler vehicle zone more than 6 hours in a 12-hour period, and shall park in the zone only during the hours of operation set forth on the sign.

a-4. For Food Peddler Vehicles Only. No person shall park, stop or leave standing any vehicle in a Type 2 density-limited food peddler vehicle parking space except a food peddler vehicle operating under a permit issued under s. 68-37-1-e-2-a.

a-5. Food Peddler Vehicle Parking by Permit Only. No food peddler vehicle may park in a Type 2 density-limited food peddler vehicle zone unless operating under a permit issued under s. 68-37-1-e-2-a and within a designated space.

a-6. Locations. Locations of specific zones are to be found listed in the proceedings of the common council, the official record on file in the city clerk’s office and the code on file in the legislative reference bureau.

 

Part 9.  Section 101-23-9.6 of the code is created to read:

9.6.   NO PARKING OF FOOD PEDDLER VEHICLES.  A food peddler vehicle shall not be left parked within 50 feet of a restaurant without drive-through facility.  Notwithstanding the foregoing, this provision may be waived by the common council.

 

Part 10. Section 101-34-2-m of the code is created to read:

 

101-34. Stipulation or Contestation Procedure; Nonmoving Traffic Violations.

m. Citations issued for violation of s. 101-23-9.5 and 9.6: $50 for the first violation, $100 for the second violation, $200 for the third violation, and $450 for the fourth and each subsequent violation.

 

Part 11. Section 101-34-7-n of the code is created to read:

 

7. PENALTY.

n. Violations of s. 101-23-9.5 and 9.6: $50 to $500.

 

Part 12. Section 115-45 of the Code relating to Selling Articles from Parked Vehicles, Locations Where Selling Prohibited, is amended by deleting the following:

 

The north and south sides of W. Lincoln Ave. from S. 27th St./S. Layton Blvd. west to S. 38th St., all the days of the week, including Sundays and holidays.

 

The north and south sides of W. Lincoln Ave. from S. 20 Street westward to the city limits, all the days of the week, including Sundays and holidays.

 

Part 13. Section 115-45-1 of the code is amended to read:

 

115-45. Selling Articles from Parked Vehicles.

1. REGULATIONS. >>a. Findings.<< To help protect the safety of pedestrians and drivers, to help relieve traffic congestion on certain public highways and sidewalks within the city and to provide for the freer flow of traffic, both vehicular and pedestrian, on such highways and sidewalks, it is declared to be unlawful for any operator to park any vehicle on any public highway or sidewalk enumerated specifically or by area or classification in this section during the periods specified, or on any public highway or sidewalk within 300 feet thereof, during such periods for the purpose of offering for sale or selling any articles of any nature whatsoever in a public manner from such vehicle.

>>b. Specific Streets and Highways Where Selling Prohibited. The public highways, sidewalks and areas to which this section applies may be found in the common council proceedings, the official record on file in the city clerk's office, and the code on file in the legislative reference bureau.<<

 

Part 14. Section 115-45-2-c of the code is repealed and recreated to read:

 

115-45. Selling Articles from Parked Vehicles.

2. LOCATIONS WHERE SELLING PROHIBITED.

c. Near Restaurants.

c-1. Within 50 feet of a restaurant without drive-through facility, as defined in s. 295-201-501.

c-2. Notwithstanding the foregoing, subd. 1 may be waived by the common council. 

 

Part 15. Section 115-45-4 of the code is repealed and recreated to read:

 

4. PENALTY. Any person violating this section shall upon conviction forfeit not less than $50 nor more than $500 and in default of payment shall be imprisoned as provided by law.

 

Part 16. The following Limited Operation Food Peddler Vehicle Zones are established as described in the attachments to this file. 

 

1. A Downtown Type 1 Time-Limited Food Peddler Vehicle Zone.

 

2. A Burnham Park Type 2 Density-Limited Food Peddler Vehicle Zone.

 

Part 17.

 

The department of public works, department of neighborhood services, and police department shall work in consultation with the common council to establish a noise and lighting nuisance standard by May 1, 2023, for presentation at the annual review of this ordinance.

 

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 177966-2.4

Tea B. Norfolk

5/15/2023