Fiscal Note
No expenditure is required to enact the Ordinance. The Ordinance change will allow Metro Transit to place advertising on bus shelters, thus increasing potential revenues in support of Metro Transit operations.
Title
Creating Section 31.04(6)(e)2. as a Charter Ordinance, creating new Subdivision 3.51(4)(i) as a Charter Ordinance, and renumbering current Subdivisions 3.51(4)(i) through (k) to (j) through (l), respectively, and renumbering current Section 31.04(6)(e) as 31.04(6)(e)1, all to allow the City to place signs or ads on Transit Utility bus shelters.
Body
DRAFTER'S ANALYSIS: State law and regulations limit the ability of the City of Madison to place signs or ads in the right-of-way. The City Attorney has interpreted this law as restricting the City's ability to place advertisements on bus shelters located in the right-of-way. This ordinance, by exercising the City's constitutional home rule rights to adopt a Charter ordinance, makes a limited exception for signs or advertisements at Madison Transit Utility bus shelters.
***********************************************************************************
Pursuant to Section 66.0101 Wis. Stats., 2003-04, and notwithstanding the provisions of Section 86.19 Wis. Stats., 2003-04, the Common Council of the City of Madison do ordain as follows:
1. Subdivision (e) entitled "Public Right -of- Ways" of Subsection (6) of Section 31.04 entitled "Administration and General Provisions" of Chapter 31 entitled "Street Graphics Control Ordinance" of the Madison General Ordinances is hereby amended by creating a sub. 2 thereof as a Charter Ordinance to read as follows:
"(e) Public Right-of-Ways. 2. This subsection does not apply to those matters set forth in sec. 3.51(4)(i), MGO. This is a Charter Ordinance adopted pursuant to sec. 66.0101, Wis. Stats., and Article XI, Sec. 3 of the Wisconsin Constitution."
2. New Subdivision (i) entitled " Bus Shelter Signs " of Subsection (4) entitled "Transit and Parking Commission" of Section 3.51 entitled "Department of Transportation" of Chapter 3 entitled "Officials, Boards, Employees, Records" of the Madison General Ordinances is hereby created as a Charter Ordinance to read as follows:
(i). Bus Shelter Signs.
1. Purpose and Findings.
a. Pursuant to Section 3.51(4)(g) of the Madison General Ordinances, it shall be the general duty of the Transit and Parking Commission to develop, and recommend to the Common Council policies on the various elements of transit and parking facilities for the purpose of providing for the safe, efficient and economical movement of persons and goods in the City of Madison and the metropolitan area consistent with the Commission's mission to support the City's distinct and quality neighborhoods where people will want to live, work, do business, learn and play by providing comfortable, safe and efficient transportation.
b. Adequate mass transit services and facilities, and funding for those services and facilities, are critical to the economic well-being of the City of Madison, its residents, and its taxpayers. It is important to maximize transit revenues and transit physical amenities so as to provide Madison citizens and visitors an affordable, safe and efficient means of moving about the City for work, school, recreational or personal purposes. The City has for some time considered creative options used in other communities, i.e., raising funds for these services and facilities through the sale of advertising or other signage at, in or on Madison Transit Utility bus shelters.
c. Certain state statutes and administrative rules, specifically sec. 86.19, Wis. Stats., and rules adopted pursuant to that statute, raise doubts about whether such signs may be located in or on bus shelters placed within the limits of highway rights of way. The determination of whether to place signs, including but not limited to route maps, schedules, "next bus arrival" digital signs, ads or other signs on Madison Transit Utility bus shelters is a matter of the local affairs and government of the City of Madison. The ability to sell ads or other signs at, in or on Madison Transit Utility bus shelters will assist the City in meeting the transportation needs of its residents and taxpayers; route maps, "next bus arrival" signs and other informational graphics will enhance ridership and increase transit revenues.
2. Signs on Madison Transit Utility Bus Shelters.
a. The City of Madison, through its Common Council, hereby determines that, to the extent Wis. Stat. sec. 86.19 and related Wisconsin Administrative Code regulations restrict the City's ability to place transit informational signs or to sell and place signs or advertisements at, in or on Madison Transit Utility bus shelters within the limits of any street or highway right of way, the City will not be governed by sec. 86.19 to that extent.
b. The City, acting itself or through the services of a contractor, is authorized to contract for, accept, and place advertisements or other signs at, in or on Madison Transit Utility bus shelters, and to charge and accept fees for such advertisements or signs. Any fees collected shall go to Madison Transit Utility.
c. The Transit and Parking Commission shall recommend, and the Common Council by resolution shall approve, any plan carrying this ordinance into effect.
d. Any signs not authorized by this ordinance shall remain subject to regulation or ban pursuant to state and local law. This Charter Ordinance shall not apply to State Trunk Highways as defined in Section 84.02 Wis. Stats.
e. This Subsection (i) is a Charter Ordinance adopted pursuant to sec. 66.0101, Wis. Stats., and Article XI, Sec. 3 of the Wisconsin Constitution."
Non-charter provisions:
3. Current Subdivisions (i) through (k) of Subsection (4) entitled "Transit and Parking Commission" of Section 3.51 entitled "Department of Transportation" of Chapter 3 entitled "Officials, Boards, Employees And Public Records" of the Madison General Ordinances are renumbered to Subdivisions (j) through (l), respectively.
4. Current Subdivision (e) entitled "Public Right-of-Ways" of Subsection (6) of Section 31.04 entitled "Administrative and General Provisions" of Chapter 31 entitled "Street Graphics Control Ordinance" of the Madison General Ordinances is hereby renumbered to sec. 31.04(6)(e) 1.
5. Pursuant to sec. 66.0101, Wis. Stats., the Charter Ordinance provisions of this ordinance take effect 60 days after publication, subject to the referendum rights in sec. 66.0101(5).