Fiscal Note
No City appropriation required.
Title
Amending various sections of the Madison General Ordinances to correct inconsistencies and improper references in the Madison General Ordinances, constituting a 2025 City Attorney Revisor’s Ordinance.
Body
DRAFTER’S ANALYSIS: This City Attorney Revisor’s Ordinance corrects certain parts of the Madison General Ordinances (MGO), the City's code of ordinances.
The proposed changes in this ordinance are as follows:
• Section 2.38(3) is amended to fix an MGO reference.
• Section 12.045(4) is amended to correct an omission that occurred when ORD-17-00099 (File No. 46249) was adopted in 2017. That ordinance change eliminated the cross-referenced code language, and this amendment should have occurred as part of that ordinance change. This change corrects that omission and reconciles the language with the standards in place before that ordinance change.
• Section 13.205(3) is amended to correct a grammatical error.
• Section 25.07(2) is amended to fix a location title.
• Section 28.135(2)(b)3. is amended to correct a grammatical error.
• Section 32.02(2)(n) is amended to fix a spelling error.
• Section 33.24(15)(e)12. is amended to fix MGO references.
• Section 39.02(2) is amended to correct a grammatical error.
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The Common Council of the City of Madison do hereby ordain as follows:
1. Subsection (3) of Section 2.38 entitled “Common Council Confirmation Hearing” of the Madison General Ordinances is amended as follows:
“(3) The Human Resources Director shall distribute all personnel data pertaining to such appointee, including all resumes, job applications or other appropriate information to the Clerk for distribution to all members of the Common Council by the deadline set forth in Sec. 2.05(3) 2.05(1)(a), MGO.”
2. Subsection (4) of Section 12.045 entitled “Emergency Regulations” of the Madison General Ordinances is amended as follows:
“(4) The Director of Traffic Engineering may test traffic control devices under actual conditions of traffic for a period of ninety (90) days, except that such experiments may be continued for an additional ninety (90) day period unless the Common Council shall be, by resolution, determines otherwise in conformity with the provisions of Section 3.14(3)(d).”
3. Subsection (3) of Section 13.205 entitled “Tampering with Water Utility Mains and Property” of the Madison General Ordinances is amended as follows:
“(3) Any person violating this section may be subject to a forfeiture of not less than two hundred dollars ($200) nor more than two thousand dollars ($2000). each Each day or portion thereof shall be considered a separate violation.”
4. Subsection (2) of Section 25.07 entitled “Carrying of Glass Bottles in Public Spectator Facilities” of the Madison General Ordinances is amended as follows:
“(2) It shall be unlawful for any person to carry or possess any container composed of glass, porcelain or derivatives thereof, designed for or actually containing liquids, commonly known as a bottle, within the confines of any of the following public spectator facilities, including possession within one hundred (100) feet of any seating area or playing surface of any facility which is not enclosed by a retaining fence or other structure: Breese Stevens Field, Demetral Field diamond # 1, Franklin Field diamonds #2 and #3, Hartmeyer Ice Arena, James Madison Memorial Mansfield Stadium and Baseball Field, all auditorium, gymnasium and swimming facilities at Madison East, Edgewood, LaFollette, Memorial and West High Schools, Medalist Ice Arena, Olbrich Park diamonds #2, #4, #5, #6 and #7, East Madison and West Madison YMCA swimming pools and Warner Football Stadium and Baseball Field.”
5. Paragraph 3. of Subdivision (b) of Subsection (2) entitled “Access to Public Street” of Section 28.135 entitled “Lot Division, Creation and Access” of the Madison General Ordinances is amended as follows:
“3. The residences constructed on the lots abutting the parking park should have entry doors facing the park;”
6. Subdivision (n) entitled “Tenant” of Subsection (2) entitled “Definitions” of Section 32.02 entitled “Rules and Definitions” of the Madison General Ordinances is amended as follows:
“(n) Tenant. A person, occupying ore or entitled to present or future occupancy of a mobile home, as defined in Sec. 9.23(1) or residential property under a rental agreement, and includes persons occupying a mobile home or residential property under periodic tenancies and tenancies at will. The term applies to persons holding over after termination of tenancy until removed by Sheriff's execution of a judicial writ of restitution issued under Sec. 799.44, Wis. Stats. It also applies to person entitled to the return of a security deposit or an accounting for the security deposit.”
7. Subsubparagraph iv. of Subparagraph b. of Paragraph 12. entitled “Upper Level Development Standards” of Subdivision (e) entitled “Basis for Design Review” of Subsection (15) entitled “Urban Design District No. 8” of Section 33.24 entitled “Urban Design Commission” of the Madison General Ordinances is amended as follows:
“iv. Four (4) bonus stories are allowed on Block 2b by meeting the requirements of Sec. 33.24(15)(e)(12.)c. An additional two (2) stories, not to exceed six (6) total, can be provided if the applicant provides a combination of at least one item from c.(i) and at least three (3) items from c(ii). Total stories are determined as those being visibly distinct stories when viewed from the East Washington Avenue façade. If partial parking level(s) do not appear as a separate story from East Washington Avenue and are recessed from the East Washington façade along a substantial portion of the building length, it shall not count as a separate story for the purposes of determining compliance with the UDD 8 story height requirements. The total measured building height in feet shall not exceed the heights allowed in 33.24(15)(e)3. A maximum measured height of up to 171 feet is permitted for a 14-story building.”
8. Subsection (2) entitled “Affirmative Action Division” of Section 39.02 entitled “Affirmative Action Ordinance” of the Madison General Ordinances is amended as follows:
“(2) Affirmative Action Division. There is hereby created a Division of Affirmative Action within the Department of Civil Rights. The Division of Affirmative Action shall be managed and directed by a an the Affirmative Action Division Manager as that position is established and set forth in Sec. 39.01(4), MGO, who shall have responsibility and authority for the development and implementation of the City's Affirmative Action Program.”