Madison, WI Header
File #: 31706    Version: 1 Name: Street vending snow day
Type: Ordinance Status: Passed
File created: 9/24/2013 In control: COMMON COUNCIL
On agenda: 10/15/2013 Final action: 10/15/2013
Enactment date: 10/24/2013 Enactment #: ORD-13-00175
Title: Creating Section 9.13(6)(l)6. of the Madison General Ordinances to require vendors to clear snow from their vending site and creating a “Street Vending Snow Day” during which vending cannot occur on the Mall/Concourse.
Sponsors: Michael E. Verveer, Scott J. Resnick
Fiscal Note
No appropriation is required.
Title
Creating Section 9.13(6)(l)6. of the Madison General Ordinances to require vendors to clear snow from their vending site and creating a "Street Vending Snow Day" during which vending cannot occur on the Mall/Concourse.
Body
DRAFTER'S ANALYSIS:  This ordinance would require Food and Arts and Crafts vendors with assigned sites on the State Street Mall or Capitol Concourse to clear snow from their site before setting up their equipment, and keep a four foot perimeter around the vending equipment clear from accumulating snow. This is primarily for vendors who wish to set up on the morning after a large snow fall, if the vendor arrives before the Parks Division Mall Crew has had a chance to clear the snow from their site.    This requirement also would apply to Late Night vendors in the 700 block of State Street (Library Mall).
This ordinance also prohibits Late Night Vending in the 700 block of State Street and Food or Arts/Crafts vending on the mall/concourse during a city-declared snow emergency and creates a new procedure for a "street vending snow day" which would occur when, in the opinion of the Superintendent of Parks, the mall crew requires extra time and space to remove snow and ice after a significant snow fall that does not rise to the level of a city-wide snow emergency.  The ordinance establishes a procedure to notify vendors of the snow day.   
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The Common Council of the City of Madison do hereby ordain as follows:
      Paragraph 6. entitled "Snowfall Procedures for Food, Arts/Crafts, and Late Night Vendors" of Subdivision (l) entitled "Miscellaneous Vending Restrictions" of Subsection (6) entitled "Regulations and Procedures for Vending on the State Street Mall/Capitol Concourse" of Section 9.13 entitled "License for Selling on Public Streets" of the Madison General Ordinances is created to read as follows:
"6.      Snowfall Procedures for Food, Arts/Crafts, and Late Night Vendors.
a.      Snow Removal.  If a Food or Arts and Crafts Vendor's assigned site has accumulated snow when the vendor arrives, and the vendor wishes to vend, the vendor must clear the snow from the site before placing the cart or other vending equipment in the site, and may not use another site nor otherwise alter the position of the cart from its approved position within the vendor's assigned site.  Vendors with sites on the Capitol Concourse or Municipal Building Vending Area shall push the snow toward, but not into, the road, and Vendors with sites in the 700 and 800 blocks of State Street shall push the snow toward the middle of the mall. Vendors shall keep a four foot (4') perimeter around the vending cart or equipment clear from accumulating snow at all times.  This procedure also applies to Late Night Vendors in the 700 block of State Street.
b.      Snow Emergencies.  Late Night Vendors in the 700 block of State Street, Mall/Concourse Food Vendors and Arts and Crafts Vendors shall not vend on any day when the City has declared a snow emergency under Sec. 12.045(1).
c.      Street Vending Snow Day.  The Superintendent of Parks or designee may declare a "street vending snow day" when a full snow emergency under Sec. 12.045 has not been declared but additional time is needed for city staff to safely remove snow and ice from the streets and sidewalks.  When a Street Vending Snow Day has been declared, Mall/Concourse Food Vending equipment cannot be placed before 11:00 a.m. and must be removed by 1:30 p.m., notwithstanding anything to the contrary in this ordinance or the Regulations adopted thereto. The Parks Division will announce the snow day no later than 8:00 a.m. of the affected day by emailing a list of vendors provided by the Street Vending Coordinator and using a call-in telephone number established for this purpose."