Municode Navigation & Upcoming Ordinance Changes

Hola!

We have received inquiries about a couple of Ordinance changes I am sponsoring. I am including Municode navigation basics and information about the ordinances in this blog. If you have additional questions feel free to reach out.

1. Click here for the navigation steps.
2. Legistar 79504: Repealing Section 23.07(6) of the Madison General Ordinances and amending Section 23.07(13) and 1.08(3) of the Madison General Ordinances to remove associated references.
   • Repealing Section 23.07(6) - ONLY SECTION 6 will be removed: Trespassing into private property is covered in sub-section 2 of the ordinance, (2) states: "It shall be unlawful for any person to enter or remain on any property of another or to enter or remain in any building of another after having been notified by the owner or occupant not to enter or remain on such premises." Sub-section 6 (a) & (b) are redundant, and the language targets people experiencing homelessness. According to Sub-section (2), regardless of whether they are sleeping, when asked to leave the property, they must exit the premises to avoid a trespassing charge. 
   • Amending Section 23.07(13) - Sub-Section 13 contains the fees; the change removes the reference to (6)
   • Amending Section 1.08(3) - This Chapter also references the fee; the change removes the reference to the fees.
3. Legistar 79532 : Repealing Section 24.12 of the Madison General Ordinances and amending Section 1.08(3) of the Madison General Ordinances to remove associated references
   • This ordinance repeals 24.12 entitled “Panhandling Prohibited” of the Madison General Ordinances.
   • In Reed v. Town of Gilbert, the United States Supreme Court recognized that the First Amendment protects most panhandling activity; therefore, this Section is generally unenforceable. "As the Willis Court explains, the U.S. Supreme Court has held that the First Amendment covers "charitable appeals for funds." Because of this, panhandling, solicitation, or begging are protected speech under the First Amendment ,ACLU
   • Since 2015, this law has been active in the Madison code, but it is not enforceable, and creates confusion.
   • These ordinances WOULD NOT CHANGE, and cover people standing in unsaved Street areas: 12.32 - WHEN STANDING OR LOITERING IN ROADWAY OR HIGHWAY PROHIBITED & 12.325 - ENTERING OR STAYING UPON HIGHWAYS RESTRICTED: prohibits or restricts standing on roads, highways and intersections.

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Section 23.07