On Tuesday, October 3, 2023 the Common Council will be voting on repealing Subsection (6) of Section 23.07 entitled “Unlawful Trespass”

On Tuesday, October 3, 2023 the Common Council will be voting on repealing Subsection (6) of Section 23.07 entitled “Unlawful Trespass” of the Madison General Ordinances that was created back in June of 1994 and is rarely used. Alder Figueroa-Cole is the lead sponsor on item 44 legistar 79504 v2 and recently stated on her blog the reasons for wanting to repeal Subsection (6). On her District 10 blog she also pointing out the fact that the "MPD (Madison Police Dept.) has handled thousands of trespassing cases over the past five years; 6(a) was used four times, and 2 citations could have been written under section 2."

Subsection (6) of Section 23.07 entitled “Unlawful Trespass” of the Madison General Ordinances currently reads as follows:

(6)   (a) No person shall sleep, lie down or take temporary habitation on the property of another without the permission of a person lawfully upon the premises.   
(6)   (b) No person shall possess or use items commonly associated with sleeping or habitation, including but not exclusively, beds, mattresses, sleeping bags, bedrolls, blankets, pillows, sheets, quilts and comforters on the property of another without the permission of a person lawfully upon the premises.”

[video:https://youtu.be/HzfhjLt8j5w title:"Lt Justine Harris City County Homeless Issues Committee 9-18-23" width:300 align:right]Removing this language from the Madison General Ordinances was discussed at the September 18, 2023 City-County Homeless Issues Committee.  At the meeting, Lt. Justine Harris of the Madison Police Department lays out the facts about the number of times Subsection 6 of Section 23.07 has been handed down in trespassing cases, "we did take a look at when this (Subsection (6) of Section 23.07) has been used in the past five years. And it was interesting because it really only has been utilized four times for someone who is sleeping. But what I thought even more interesting is that with the exception of three of the four times, really had nothing to do with homelessness." Lt. Harris went on to state that, "in two of the four cases, it was actually somebody from out of town who basically, from the report that I read, had just gotten so intoxicated that they had wandered onto someone's property and then curled up to go to sleep, or in one case, had actually broken into a building to go to sleep because they were unable to find their way back to their hotel."

Based on the discussion at the City-County Homeless Issues Committee, the sponsors of legistar 79504 introduced a revised version of the proposed amendment that now clarifies that owners or occupants may authorize police or others to give notice to trespassers.  The General Ordinances is amended in bold to now read as follows:  "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 or an individual authorized by the owner or occupant not to enter or remain on such premises.”

District 11 resident Bonnie Roe strongly disagrees with any attempts made by Alder Figueroa-Cole and others to repeal subsection (6) of Section 23.07 and feels the most recent version which clarifies that owners or occupants may authorize police or others to give notice to trespassers "does not go far enough." In an October 1, 2023 letter  sent to me and others at the City of Madison, Bonnie Roe asks elected officials to, "please think through the dangers of allowing people to presume permission to sleep on private property without the prior permission and consent of the one who owns it. It is extremely risky and could put the city in legal jeopardy if this common-sense ordinance is repealed. If it is repealed, sleeping on someone else's property without their prior permission is not considered trespassing unless and until notification is made and the person refuses to leave." 

What are your thoughts on this issue? Write to me and let me know if you support changing the trespassing ordinance or keeping it as it reads now.  I'll close with a TV news story that aired this summer on WISC Channel 3 where the City of Madison Community Development Director Jim O'Keefe talked about attempts to repeal subsection (6) of Section 23.07. In the 8/11/23 broadcast, Director O'Keefe is quoted as saying, "with or without this provision, it is not safe, or lawful, to camp or live outdoors on public or (without the owner’s consent) private property. In recent years, the City has invested millions of dollars to expand, improve and maintain Madison’s shelter facilities and create the City’s first legal campground at Dairy Drive. Further, the City supports, financially and otherwise, the efforts of community partners, like Catalyst for Change and Madison Street Medicine, to encourage people to take advantage of those facilities, or otherwise connect them to other resources that help meet basic short-term needs (food, transportation, etc.) and, ultimately, secure stable housing." (Source)