City of Madison - File #: 01036

• File #: 01036
• Version: 2
• Name: panhandling-SUB
• Type: Ordinance
• Status: Passed
• File created: 4/19/2005
• In control: DOWNTOWN COORDINATING COMMITTEE
• On agenda: 6/7/2005
• Final action: 6/7/2005
• Enactment date: 6/28/2005
• Enactment #: ORD-05-00116
• Title: SUBSTITUTE - Amending Sections 24.12(2), (5), and (6) of the Madison General Ordinances to add intersection to Definitions and to establish the distances from intersections, sidewalk cafes and buildings where panhandling can occur.
• Sponsors: Michael E. Verveer

Date	Ver.	Action By	Action	Result
6/7/2005	2	COMMON COUNCIL	Adopt	Pass
6/6/2005	1	Comptroller's Office	Refer
6/6/2005	2	Attorney's Office/Approval Group	Approved As To Form
6/6/2005	2	Attorney's Office	Fiscal Note Required / Approval
6/6/2005	2	Finance Dept/Approval Group	Approved Fiscal Note By The Comptroller's Office
6/6/2005	2	Attorney's Office	Refer
5/19/2005	1	DOWNTOWN COORDINATING COMMITTEE
5/17/2005	1	COMMON COUNCIL ORGANIZATIONAL COMMITTEE (ended 4/2017)	Return to Lead with the Recommendation for Approval	Pass
4/19/2005	1	COMMON COUNCIL	Refer
4/19/2005	1	COMMON COUNCIL	Refer
4/13/2005	1	Attorney's Office/Approval Group	Approved As To Form
4/13/2005	1	Attorney's Office	Fiscal Note Required / Approval
4/13/2005	1	Finance Dept/Approval Group	Approved Fiscal Note By The Comptroller's Office
4/13/2005	1	Attorney's Office	Referred for Introduction

Fiscal Note
No appropriation required.
Title
SUBSTITUTE - Amending Sections 24.12(2), (5), and (6) of the Madison General Ordinances to add intersection to Definitions and to establish the distances from intersections, sidewalk cafes and buildings where panhandling can occur.
Body
DRAFTER'S ANALYSIS: To ban panhandling within twenty-five feet of any intersection or sidewalk cafe, within twelve feet of any building that contains nonresidential uses, and within twenty feet of the entrances to any building with a nonresidential use.
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The Common Council of the City of Madison do hereby ordain as follows:
1. Subsection (2) entitled "Definitions" of Section 24.12 entitled "Menacing or Aggressive Panhandling Prohibited" of the Madison General Ordinances is amended to read as follows:
"(2) Definitions. As used in this section:
(a) "Intersection" has the meaning designated in Section 340.01(25), Wis. Stats.
(a b) "Public place" or "Place open to the public" is an area generally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not), and buildings open to the general public including those which serve food or drink, or provide entertainment, and the doorways or entrances in buildings or dwellings and the grounds enclosing them;
(bc) "Known panhandler" means a person who within one year previous to the date of arrest for violation of this section has been convicted in a court of competent jurisdiction of any civil or criminal offense involving panhandling.
(cd) A conversation or gesture or both shall be construed as "threatening" if a reasonably prudent individual would perceive such conduct as intending to result in the procurement of money or goods by threat or coercion.
(de) Behavior shall be construed as "aggressive" or "intimidating" if a reasonably prudent individual cou...