Fiscal Note
No appropriation is required.
Title
Amending Sections 8.15(1)(a), (3) and (4) to clarify the requirements of this section, and amending Sec. 1.08(4) of the Madison General Ordinances to provide the Parks Division with enforcement authority over violations thereof.
Body
DRAFTER'S ANALYSIS: This ordinance amends Section 8.15 of the Madison General Ordinances to clarify the requirements of this Section. Specifically, this ordinance adds language to Subdivision (1)(a) making it clear that it is a public nuisance for someone to chemically treat grass on park land or public greenways. Currently, this subdivision is interpreted as such, but this amendment makes it clear that such chemical treatment is a public nuisance. Additionally, this ordinance amends Subsections (3) and (4) to make it clear that notice of the violation is required to be provided to persons engaging in periodic violations of the ordinance (such as mowing of park lands), and that such persons have appeal rights. The legislative intent of these subsections requiring notice and appeal rights was that all public nuisances under Subsection (1) must be provided notice and appeal rights. This amendment clarifies this intent. Finally, this ordinance amends Subsection 1.08(4) so that the Superintendent of Parks, or his/her designee, and Park Rangers have citation authority over Section 8.15 so that public nuisances involving park land may be enforced by the Parks Division without necessitating the involvement of other Departments.
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