Panhandl . . . er, “Entering or Staying on Highways” Ordinance

Two meetings coming up where this will be discussed and a new version of the ordinance is out!

The sponsors of the attached substitute ordinance to repeal and recreate Section 12.325 of the Madison General Ordinances, to limit persons entering or staying on highways (legistar file number 44204), have requested that the Homeless Consortium listserve receive the substitute ordinance and be notified about upcoming meetings at which the substitute ordinance is expected to be on the agenda.

PDF’s for the substitute ordinance and the legistar report on the ordinance referrals are attached.

Upcoming meetings where this ordinance change is expected to be on the agenda are:
– The City-County Homeless Issues Committee which is scheduled to meet Monday, December 5th at 6:30 p.m. in Room 354 of the City-County Building, and
– The Public Safety Review Committee which is scheduled to meet Tuesday, December 13th at 5:00 p.m. in Room GR22, entered at 211 S. Carroll Street, of the City-County Building.

All are welcome to attend and testify. Please check the City’s weekly meeting schedule to make sure this is on the agenda when it is posted at this weblink: http://www.cityofmadison.com/clerk/meeting-schedule

Here’s the two attachments:
File history
New Draft of Ordinance

Fines are $25 – $300. For the first ordinance – $25 first time, $100 2nd time in a year, then $200 for 3rd time in a year and $300 for 4th time in a year. For the second ordinance its just $30 – $300.

The activity that is prohibited:

12.325 ENTERING OR STAYING UPON HIGHWAYS RESTRICTED.
(3) No person, other than a person in or on a vehicle, shall be on an arterial highway listed in sub. (7) and approach any vehicle in operation.
(4) No person shall be upon a median of an arterial highway listed in sub. (7) unless that person is in the process of crossing the highway in a safety zone or crosswalk. It is prima facie evidence of a violation of this section if a person stays on the median through two consecutive opportunities to cross the highway in a legal manner under this Chapter and the state traffic laws adopted herein. This may include a change in the traffic control signal or lack of traffic, as applicable. After such two consecutive opportunities, such person shall not be considered to be “using the safety zone or crosswalk to cross the highway” for purposes of the exception in sub. (6)(b).
(5) No operator of a vehicle shall park, stop or leave standing a vehicle on an arterial highway listed in sub. (7) where prohibited or suddenly decrease the speed of said vehicle or deviate from a traffic lane for the purpose or responding to persons violating subs. (3) or (4).

12.325 SOLICITATION ON HIGHWAY PROHIBITED.
(1) No person shall be upon or go upon a highway for the purpose of soliciting employment, business or charitable or other contributions of any kind from the occupant of any vehicle, unless such person shall have obtained a Street Use Permit pursuant to Sec. 10.056, MGO, or other authorization under these ordinances.
(2) No operator of a vehicle shall park, stop or leave standing a vehicle on a highway where prohibited or suddenly decrease the speed of said vehicle or deviate from a traffic lane for the purpose of responding to an individual engaging in activities prohibited in subsection (1)

The exceptions to the first ordinance include:
(a) persons on the sidewalk,
(b) persons using the safety zone or crosswalk to cross the highway,
(c) persons engaged in law enforcement or rescue activities, including providing assistance to an injured or disabled vehicle or person,
(d) persons entering a vehicle as an invited passenger where it is lawful to do so, including activity permitted under Wis. Stat. § 346.29(1) (taxis),
(e) persons engaged in repair or maintenance activities on the highway under the direction or authority of the City of Madison or the State of Wisconsin; or
(f) streets or portions thereof that have been closed pursuant to a street use permit or other express authorization from the City.

The new draft only prohibits the banned activity on the following streets . . .
Aberg Ave
Allen Blvd
Agriculture Dr
American Pkwy
Anderson St
Atwood Ave
Bassett St
Beltline Hwy
Blair St
Brandt Rd
Broom St
W Broadway
Buckeye Rd
Campus Dr
Commercial Ave
Cottage Grove Rd
CTH AB
Dayton St
Doty St
E Johnson St
E Washington Ave
Eastwood Dr
Fair Oaks Ave
Fairchild St
Femrite Dr
First St
Fish Hatchery Rd
Fordem Ave
Gammon Rd
Gorham St
Highland Ave
High Crossing Blvd
Hoepker Rd
I 39-90-94
International Ln
John Nolen Dr
Johnson St
Junction Rd
Lien Rd
Maple Grove Dr
Marsh Rd
Mckee Rd
McKenna Blvd
Midtown Rd
Midvale Blvd
Milwaukee St
Mineral Point Rd
Monona Dr
Monroe St
Moorland Rd
N Randall Ave
N Sherman Ave
Nakoma Rd
Nelson Rd
North Shore Dr
Northport Dr
Odana Rd
Old Middleton Rd
Old Sauk Rd
Olin Ave
Packers Ave
Park St
Pennsylvania Ave
Pflaum Rd
Pleasant View Rd
Proudfit St
Putnam
Randall (Between Regent and Johnson)
Raymond Rd
Raymond Rd
Regent St
Reiner Rd
Rimrock Rd
Schroeder Rd
Seminole Hwy
Sherman Ave
Siggelkow Rd (Between Stoughton Rd & Holscher Rd)
Speedway Rd
Sprecher Rd
STH 30
Stoughton Rd
N Thompson Dr (Between Swanton and East Washington)
University Ave
Verona Rd
W Washington Ave
Watts Rd (Between Gammon and Junction)
W Wilson St (Between Bassett and Hamilton)
Webster St
Whitney Way
Williamson St
Winnebago St

HAVE AN OPINION? SHARE IT!
You can email all the alders at allalders@cityofmadison.com and the mayor at Mayor@cityofmadison.com. Make sure to include your address so they know if you are a constituent who might be voting in the next election (in April . . . nomination papers can be circulated starting today!) Or show up to the meetings, you can have 3 minutes to speak and/or register in favor or against the ordinance.