OFFENSES AGAINST PUBLIC POLICY

Madison General Ordinances ch. 23

in effect

Madison General Ordinances § 23.01 PROHIBITION ON OBSTRUCTING ENTRYWAYS TO REPRODUCTIVE HEALTH CARE FACILITIES.

23.01 - PROHIBITION ON OBSTRUCTING ENTRYWAYS TO REPRODUCTIVE HEALTH CARE FACILITIES. (1) Purpose and Findings. The Common Council recognizes that access to health care facilities for the purpose of obtaining medical counseling and treatment without interference is important to the residents of the City, and that the exercise of a person's right to speak for or against such counseling and treatment, including the right to protest or counsel against certain medical procedures, must be balanced against another person's right to obtain medical counseling or treatment in an unobstructed manner. The City has had instances of persons hindering access to health care, especially at reproductive health care facilities. Therefore, the Common Council finds that this Ordinance is necessary to further the City's significant governmental interests in protecting persons' rights to come and go from a reproductive health care facility. (Am. by ORD-17-00030, 3-8-17) (2) Restrictions. It shall be unlawful for any person to do any of the following: (a) Physically and intentionally obstruct, detain, hinder, impede, or block another person's entry to or exit from a reproductive health care facility. This applies to any location of ingress and egress to a reproductive health care facility including driveways. Where a reproductive health care facility is located in a multi-use or multi-office building and does not have a separate entrance, this Ordinance applies to all entrances to the building. (b) Intentionally injure, threaten to injure, or by force or threat of force intimidate a person who: 1. Is seeking to obtain or obtaining services at a reproductive health care facility; or 2. Is or has been providing services at a reproductive health care facility. (3) This section shall not prohibit any person from engaging in lawful speech or picketing which does not obstruct, detain, hinder, impede or block another person's access to a reproductive health care facility or interfere with the delivery of services within a reproductive health care facility. (4) Definitions. In this section: "Reproductive health care facility" means a place, other than within or upon the grounds of a hospital, where abortions are offered or performed. (5) Penalty. Any person violating any provision of this Ordinance shall be subject to a forfeiture of not less than fifty dollars ($50) nor more than one thousand dollars ($1,000). (Sec. 23.01 Cr. by ORD-14-00046, 3-26-14; Am. by ORD-14-00138, 8-13-14)

Madison General Ordinances § 23.02 ADVERTISEMENTS ON PUBLIC OR PRIVATE PROPERTY PROHIBITED.

23.02 - ADVERTISEMENTS ON PUBLIC OR PRIVATE PROPERTY PROHIBITED. (1) No person, firm, corporation or organization shall place or cause to be placed in any manner any commercial, political or promotional advertising material upon any public property or public telephone booth in any street, alley or public grounds, or upon the exterior of any private property situated and fixed in or adjacent to any street, alley or public ground, unless proper sign permits, permission from the lawful owner or occupant of the premises where such material is to be displayed provided such signs are not otherwise prohibited by ordinance, or Council approval therefore is obtained. This prohibition shall include but not be limited to the placement in any manner of any advertising material upon trees. The placement prohibition shall not apply to placement of posters on kiosks, bulletin boards or other designated locations designed for said activity which are located upon public or private property. (Am. by Ord. 5572, 8-25-76 and Ord. 5573, 9-3-76) (2) No person, firm, corporation or organization shall place any commercial advertising material upon any private property except in compliance with the following: (a) Any plastic bag used in distribution shall be a minimum of 1mm in thickness and shall have a minimum of twenty (20) holes, each at least one-fourth (¼) inch in diameter; (b) No toxic material or material injurious to health shall be distributed; (c) All unclaimed material shall be collected by the distributor or their agent by 6:00 p.m. on the day following the day of distribution; (d) No distribution of such material shall be made to any private dwelling if the owner or occupant thereof gives notice in any reasonable manner that they do not wish to receive such material; (e) Every distribution of commercial advertising material shall include the name, address, and telephone number of person, firm, corporation or organization responsible for such distribution. (3) This section shall not apply to the posting of notices required by law nor to materials distributed through the mail. (4) The provisions of this Ordinance shall be severable and if any part of the ordinance shall be held in contravention of the Constitution and laws of the State of Wisconsin and the United States by a court of competent jurisdiction, the validity of the rest of the ordinance shall not be affected. It is hereby declared to be the intent of this Ordinance that the same would have been adopted had such unconstitutional or unlawful portion, if any, not been included herein. (Cr. by Ord. 5512, 6-19-76) (5) Any person who violates any provision of this section, or fails to comply with any of its requirements shall upon conviction thereof, be subject to a forfeiture of not less than twenty-five dollars ($25) nor more than two hundred dollars ($200). (Am. by Ord. 5557, 8-13-76; Ord. 13,760, Adopted 12-14-04)

Madison General Ordinances § 23.03 ELECTION PRACTICES PROHIBITED.

23.03 - ELECTION PRACTICES PROHIBITED. (1) Electioneering Prohibited. It shall be unlawful during voting hours on any public property on the day of any election within a radius of one hundred (100) feet of any entrance to any building containing any polling place within the City of Madison, for any person to engage in any electioneering or to distribute, place or cause to be distributed any written or printed matter, or to maintain, present or display any visible or audible announcement or advertisement in any form whatsoever, which is intended or tends to influence, directly or indirectly, the vote for or against any candidate or referendum question. This subsection does not apply to the placement of any material on the bumper of a motor vehicle that is located on such property on election day. (Am. by Ord. 10,920, 5-27-94) (2) Reserved for Future Use. (R. by Ord. 10,920, 5-27-94) (3) Loud Speakers Prohibited. It shall be unlawful during voting hours on the day of any election for any person to use or operate or cause to be used or operated any device, apparatus or instrument for the amplification of the human voice or any sound or noise, which amplification is directed to the general public and which is intended or tends to influence, directly or indirectly, the vote for or against any candidate or referendum question. (4) Any person convicted of violating this section shall be subject to a forfeiture of not less than fifty dollars ($50) nor more than two hundred dollars ($200).

Madison General Ordinances § 23.04 DISTRIBUTION OF COMMERCIAL HANDBILLS AND ADVERTISING MATTER PROHIBITED.

23.04 - DISTRIBUTION OF COMMERCIAL HANDBILLS AND ADVERTISING MATTER PROHIBITED. (1) It shall be unlawful for any person, firm or corporation to distribute or to cause or permit to be distributed in any public street or park thereof in the City of Madison any commercial handbills, samples, or advertising matter of any kind. (2) It shall be unlawful for any person, firm, or corporation, except the owner, to place or cause to be placed in or upon any automobile standing on the streets, alleys, or public places in the City of Madison for advertising purposes any commercial handbill, dodger, card, pamphlet, sticker, tag, or paper of any kind.

Madison General Ordinances § 23.05 SMOKING PROHIBITED IN CERTAIN AREAS.

23.05 - SMOKING PROHIBITED IN CERTAIN AREAS. (1) Definitions. "Bed and breakfast establishment" has the meaning set forth in Wis. Stat. § 254.61(3). This definition shall become effective July 1, 2005. (Cr. by Ord. 13,604, 5-11-04) "Cannabis" means all parts of the plants in the genus cannabis, whether growing or not; the seeds thereof; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds. It does not include marijuana derivatives or any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake, or the sterilized seed of the plant that is incapable of germination. It does not include hemp or synthetic chemical cannabinoids. (Cr. by ORD-20-00111, 12-3-20) "Cannabis derivative" means any substance derived from plants in the genus cannabis that has a delta-9 tetrahydrocannabinol (THC) concentration of more than 0.3 percent per volume or weight. It does not include hemp or synthetic chemical cannabinoids. (Cr. by ORD-20-00111, 12-3-20) "Childcare facility" means any state licensed or county certified child care facility including, but not limited to licensed family day care or licensed group day care centers, licensed day camps, certified school-age programs and Head Start programs. "Chewing tobacco" means plug and twist tobacco; fine cut and other chewing tobaccos; snuff, snuff flour, Cavendish, plug and twist tobacco; refuse scraps, clippings, cuttings and sweepings of tobacco and other kinds and forms of tobacco prepared in such manner as to be suitable for chewing. (Cr. by ORD-06-00033, 4-7-06) "Cigarette" means any roll of tobacco wrapped in paper or any substance other than chewing tobacco or tobacco products. (Cr. by ORD-06-00033, 4-7-06) "City buildings" means all City-owned and operated buildings and those portions of buildings leased and operated by the City. (Cr. by Ord. 12,832, 6-6-01) "Common areas of buildings" means all areas not part of a tenant's leased premises, including but not limited to lobbies, community rooms, hallways, laundry rooms, stairwells, elevators, enclosed parking facilities, pool areas, and restrooms contiguous thereto. This definition shall become effective July 1, 2005. (Cr. by Ord. 13,604, 5-11-04) "Common areas of malls" means those areas within a mall customarily accessible to patrons. (Cr. by Ord. 12,571, 5-3-00) "Educational Facility" means any building used principally for educational purposes in which a school is located or a course of instruction or training program is offered that has been approved or licensed by a state agency or board. (Cr. by Ord. 11,091, 12-22-94) "Electronic delivery device" means any product containing or delivering nicotine or any other substance intended for human consumption that may be used by a person to simulate smoking through inhalation of vapor or aerosol from the product. This includes any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen, or under any other product name or descriptor. (Cr. by ORD-15-00007, 1-14-15) "Employee" means any person who is employed by any employer for direct or indirect monetary wages or profit, including those full time, part-time, temporary or contracted for from a third party; employee also means any person who serves as a volunteer for a business or nonprofit entity. "Employer" means any person, partnership, limited liability company, corporation, or other entity, including a public or non-profit entity who employs the services of one (1) or more individual persons. "Enclosed Area" means all space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of door or passage ways) which extend from floor to ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid, 'other landscaping' or similar structures. (Cr. by Ord. 12,571, 5-3-00) "Entrance" means a doorway, access area for vehicles and adjacent area which gives direct access to a building or City parking garages from a contiguous street, plaza, sidewalk or parking lot. (Cr. by Ord. 12,832, 6-6-01; ORD-10-00122, 12-23-10; Am. by ORD-18-00051, 5-14-18) "Food" means a raw, cooked, or processed edible substance or ingredient used or intended for use or for sale in whole or in part for human consumption. It does not include ice, beverage or chewing gum. (Cr. by ORD-06-00033, 4-7-06) "Health Care Facility" has the meaning set forth in Wis. Stat. § 155.01(6). (Cr. by Ord. 12,571, 5-3-00) "Hotel and motel" has the meaning set forth in Wis. Stat. § 254.61(3). "Mall" means an enclosed, indoor area containing common areas and discrete businesses primarily devoted to the retail sale of goods and services. (Cr. by Ord. 12,571, 5-3-00) "Medical Services" has the meaning set forth in Wis. Stat. § 647.01(6). (Cr. by Ord. 12,571, 5-3-00) "NonSmoking" means smoking is prohibited. (Cr. by Ord. 12,571, 5-3-00) "Outdoor air intake" means an opening or inlet through a wall louver or vent by which outside air is brought into an air-conditioning system or into a boiler room, also, known as a fresh-air intake. (Cr. by ORD-13-00139, 8-14-13) "Person in Charge" means the person who ultimately controls, governs or directs the activities aboard a public conveyance or within or at a place where smoking is regulated under this section, regardless of the person's status as owner or lessee. (Cr. by Ord. 12,571, 5-3-00) "Place of employment" means an enclosed area controlled by the employer, which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges and restrooms, conference and classrooms, employee cafeterias and hallways. A private residence is not a 'place of employment' within the meaning of this Ordinance unless used as a childcare facility. "Private Club" means an organization, whether incorporated or not, which is the owner, lessee or occupant of a building or portion thereof used exclusively for club purposes at all times, which is operated solely for a recreational, fraternal, social, patriotic, political, benevolent or athletic purpose but not for pecuniary gain and which only sells alcohol beverages incidental to its operation. The affairs and management of the private club are conducted by a board of directors, executive committee or similar body chosen by the members at an annual meeting. The private club has established bylaws and/or a constitution to govern the club's activities. The private club has been granted an exemption from the payment of federal income tax as a club under 26 U.S.C.A. section 501. This definition shall become effective July 1, 2005. (Cr. by Ord. 13,604, 5-11-04) "Private residence" means premises owned, rented or leased for temporary or permanent habitation. (Cr. by Ord. 12,571, 5-3-00) "Public place" means any enclosed area to which the public is invited or in which the public is permitted. A private residence is not a public place. (Cr. by Ord. 12,571, 5-3-00) "Restaurant" means an establishment defined in Wis. Stat. § 254.61(5), whose sale of alcohol beverages accounts for fifty percent (50%) or less of the establishment's gross receipts of the most recent alcohol licensing year, but does not mean churches, religious, fraternal, youth or patriotic organizations, service clubs and civic organizations which prepare and serve or sell meals to members and guests only. This includes restaurants within a mall and adjacent seating. This definition is effective January 2, 2003. (Am. by Ord. 11,558, 3-29-96, 4-4-96; Ord. 13,195, 12-10-02) "Retail electronic delivery device store" means a retail establishment that does not have a "Class B" or "Class A" intoxicating liquor license or a Class "B" or Class "A" fermented malt beverages license and that generates seventy-five percent (75%) or more of its gross annual income from the retail sale of electronic delivery devices and accessories. (Cr. by ORD-15-00007, 1-14-15) "Retail tobacco store" means a retail establishment that does not have a "Class B" intoxicating liquor license or a Class "B" fermented malt beverages license and that generates 75 percent or more of its gross annual income from the retail sale of tobacco products and accessories. (Am. by ORD-10-00067, 7-13-10) "Room" means a space within a building completely enclosed with walls, partitions, floor and ceiling, except for openings for light, ventilation, ingress and egress. "School Board" means the school board in charge of the public schools, grades K-12, of a school district. (Cr. by Ord. 11,091, 12-22-94) "Smoke-free" means absence from the ambient air of the smoke by-product from the burning, inhaling, exhaling, or carrying of a lighted cigarette, cigar, pipe, weed, plant, cannabis or cannabis derivative, or other combustible substance in any manner in any form. (Am. by ORD-18-00099, 10-12-18; Am. by ORD-20-00111, 12-3-20) "Smoking" means to smoke or carry a lighted pipe, cigar, cigarette, cannabis or cannabis derivative, or tobacco-related products in any form. Smoking also includes the use of an electronic delivery device which creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device. (Am. by ORD-15-00007, 1-14-15; Am. by ORD-20-00111, 12-3-20) "Sports Arena" means sports pavilions, stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and indoor ice rinks, and bowling centers. This definition shall become effective on July 1, 2005. (Cr. by Ord. 13,604, 5-11-04) "Tavern" means any establishment with a full service bar in which fermented malt beverages or intoxicating liquors are sold for consumption upon said premises and whose sale of alcohol beverages accounts for more than fifty percent (50%) of the establishment's gross receipts of the most recent licensing year as specified in Chapter 38 of these ordinances. This definition is effective January 2, 2003. (Am. by Ord. 11,558, 3-29-96, 4-4-96; Ord. 13,195, 12-10-02) "Tobacco bar" means a tavern, which generates fifteen percent (15%) or more of its total annual gross income from the on-site sale of cigars and tobacco for pipes, not including any sales from vending machines. (Cr by ORD-06-00033, 4-7-06; Am. by ORD-10-00067, 7-13-10) "Tobacco Product" means cigars; cheroots; stogies; periques; granulated, plug cut, crimp cut, ready-rubbed and other smoking tobacco; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco and other kinds and forms of tobacco prepared in such a manner, as to be suitable for smoking in a pipe or otherwise smoking; but "tobacco product" does not include cigarettes or chewing tobacco. (Cr. by Ord. 12,571, 5-3-00; Am. by ORD-06-00033, 4-7-06) "Use Tobacco Products" means to consume by means other than smoking including, but not limited to, the chewing, spitting, swallowing, snorting, inhaling or ingesting of any tobacco product. (Cr. by Ord. 10,679, 6-11-93) (2) Intent and Purpose. (a) The Common Council of the City of Madison hereby finds that: 1. It is recognized that smoking of cigarettes and tobacco products is hazardous to an individual's health and may affect the health of nonsmokers when they are involuntarily in the presence of smoking. 2. Numerous scientific studies have found that tobacco smoke is a major contributor to indoor air pollution. 3. Reliable scientific studies, including studies conducted by the Surgeon General of the United States, have shown that breathing sidestream or secondhand smoke is a significant health hazard to nonsmokers; particularly to children, elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease. 4. Health hazards induced by breathing sidestream or secondhand smoke include lung cancer, respiratory infection, decreased respiratory function, decreased exercise tolerance, bronchoconstriction and bronchospasm. 5. Reliable scientific studies assessed by the California Environmental Protection Agency have found that sidestream and secondhand tobacco smoke is a leading cause of premature death and disability among non-smokers. 6. Air pollution caused by smoking is an offensive annoyance and irritant. Smoking results in serious and significant physical discomfort to nonsmokers. 7. Electronic delivery devices are currently unregulated and have been proven to emit nicotine, ultra-fine particles, volatile organic compounds and other toxins. Inhalation of nicotine is proven to be dangerous to everyone, especially children and pregnant women. Exposure to ultrafine particles may exacerbate respiratory illnesses, such as asthma and may constrict arteries which could trigger a heart attack. The volatile organic compounds, such as formaldehyde and benzene, found in electronic smoking device aerosols, as well as conventional cigarette smoke, are proven carcinogens. (Cr. by ORD-15-00007, 1-14-15) (b) This Ordinance is adopted for the purpose of protecting the public health, safety, comfort and general welfare of the people of the City of Madison, especially recognizing the rights of nonsmokers who constitute a majority of the population; educating persons affected by this Ordinance; and assisting owners, operators; and managers in maintaining compliance. (Am. by ORD-17-00030, 3-8-17) (3) Prohibition of Smoking in Public Places. Except as otherwise provided, it shall be unlawful for any person to smoke or use tobacco products in public places, including but not limited to the following: (a) In all areas of City parking garages, including but not limited to elevators and stairwells. (Am. by Ord. 11,327, 8-11-95; ORD-10-00122, 12-23-10; Am. by ORD-18-00051, 5-14-18) (b) Public forms of transportation, including but not limited to motor buses, taxicabs, or other public passenger vehicles. (Am. by Ord. 10,983, 9-14-94) (c) Theatres, libraries, museums, auditoriums, and convention halls, which are used by or open to the public. (Am. by Ord. 13,604, 5-11-04) (d) Any childcare facility. Incorporated herein by reference are the following Wisconsin statutory and administrative code sections and any amendments or renumbering thereof: Wis. Stat. Secs. 101.123(1)(ad) and (2)(bm); Wis. Admin. Code Secs. SPS 345.02(4), 345.06(8)(g), 346.03(13), 346.06(2)(h), and 346.08(2)(c). (Am. by Ord. 11,091, 12-22-94; ORD-12-00035, 3-28-12) (e) Retail stores. (f) Health care facilities. (Am. by Ord. 6208, 3-29-78; Ord. 12,571, 5-3-00) (g) Waiting rooms, hallways, rooms of health care laboratories. (h) Waiting rooms, hallways, rooms in offices of any physician, dentist, psychologist, chiropractor, optometrist or optician, or other medical services provider. (i) Meeting and conference rooms in which people gather for educational, business, professional, union, governmental, recreational, political or social purposes. (Am. by Ord. 5694, 12-28-76; Ord. 12,571, 5-3-00) (j) Polling places. (Am. by Ord. 12,571, 5-3-00) (k) Service lobbies, waiting areas, and the common areas open to the public of financial institutions, business and professional offices, and multi-unit commercial facilities. (Cr. by Ord. 5694, 12-28-76) (l) Self-service laundry facilities. (Cr. by Ord. 5694, 12-28-76) (m) Enclosed, indoor areas of restaurants. (Am. by Ord. 11,558, 3-29-96, 4-4-96; Ord. 12,571, 5-3-00; Ord. 13,195, 12-10-02; Ord. 13,604, 5-11-04) (n) Common areas of malls. (Cr. by Ord. 10,199, 2-14-91; Am. by Ord. 12,571, 5-3-00) (o) Public bus and transfer point shelters. (Cr. by Ord. 10,615, 3-31-93; Am. by Ord. 12,571, 5-3-00) (p) Common areas of buildings which contain three or more rental units. Written Rental Agreements shall include reference to this subdivision. Subsection (9)(b) shall not apply to this subdivision. (Cr. by Ord. 10,237, 4-12-91; Am. by Ord. 12,923, 11-23-01; Ord. 13,604, 5-11-04) (q) City buildings. (Am. by Ords. 10,633 & 10,634, 4-16-93; Ord. 10,656, 5-29-93; Ord. 10,895, 5-2-94; Ord. 12,571, 5-3-00; Ord. 12,794, 4-9-01; Ord. 12,832, 6-6-01) (r) City-owned or leased motor vehicles. (Cr. by Ord. 10,247, 4-26-91; Am. by Ord. 12,571, 5-3-00) (s) Sports arenas. (Cr. by Ord. 13,195, 12-10-02; R. by Ord. 13,604, 5-11-04) (t) Taverns. (Cr. by Ord. 13,604, 5-11-04) (u) All areas in bed and breakfast establishments, hotels and motels. (Cr. by Ord. 13,604, 5-11-04; Am. by ORD-10-00067, 7-13-10) (4) Prohibition of Smoking in Outdoor Areas. It shall be unlawful for any person to smoke or use tobacco products in the following outdoor areas. (a) Outside the City-County Building: 1. Between the public sidewalk and the Martin Luther King, Jr. Boulevard side of the building including but not limited to the entrance steps, the planters, and all cement areas adjacent to the building; 2. Between the public sidewalk and the West Wilson Street side of the building, including but not limited to the entrance steps, the planters, and all cement areas adjacent to the building. (b) Within twenty-five (25) feet of any entrance, outdoor air intake or operable window of any building owned by the City. (Cr. by Ord. 12,167, 7-20-98; Am. by ORD-13-00139, 8-14-13; Am. by ORD-18-00099, 10-12-18) (c) City parks and beaches as posted and so designated by the Park Commission. (Cr. by Ord. 12,784, 3-28-01; Renumbered by Ord. 12,832, 6-6-01; Renum. by ORD-18-00099, 10-12-18) (d) Within five (5) feet of all entrances to City parking garages. (Cr. by ORD-10-00122, 12-23-10; Am. by ORD-18-00051, 5-14-18; Renum. by ORD-18-00099, 10-12-18) (e) On Henry Vilas Zoo property, including all of the buildings. (Cr. by ORD-11-00168, 12-6-11; Renum. by ORD-18-00099, 10-12-18) (5) Prohibition of Smoking in Educational Facilities. It shall be unlawful for any person to smoke or otherwise use any tobacco products: (a) In all educational facilities and in or upon all other premises owned, rented by or under the control of a school board. (b) In or upon all premises of the Madison Area Technical College, including all buildings owned or operated by the district for the primary purpose of vocational, technical or adult education. This includes outdoor areas between the public sidewalks and buildings. (6) Prohibition of Smoking in Places of Employment. (a) It shall be unlawful for any person to smoke or otherwise use any tobacco products in all places of employment. (b) Every building which is a place of employment shall have at least one entrance which is smokefree. For buildings with fewer than four (4) entrances, no more than one entrance may be designated as a smoking entrance. For buildings with four (4) or more entrances, no more than 25% of all entrances may be designated as a smoking entrance. (c) Each employer, operator, manager, lessee or other person having control of the place of employment shall make reasonable efforts to ensure a smokefree workplace for all employees and frequenters. (d) Within ninety (90) days of the effective date of this Ordinance, each employer having a place of employment located within the City of Madison shall adopt, implement and communicate written notice of the provisions of this Ordinance to each employee. (e) Reserved for Future Use. (R. by ORD-10-00067, 7-13-10) (f) Reserved for Future Use. (R. by ORD-10-00067, 7-13-10) (7) Exceptions. The following areas shall not be subject to the smoking restrictions of this section: (a) Retail tobacco stores in existence on June 3, 2009 and in which only the smoking of cigars and pipes is allowed. (b) Tobacco bar, subject to the following: 1. The Tobacco bar was in existence on June 3, 2009; 2. Smoking of tobacco products is permitted; 3. Smoking of cigarettes and service of food are not permitted; 4. Fifteen percent (15%) or more of the tobacco bar's total gross income from the previous fiscal year was from the on-site sale of tobacco products, not including any sales from vending machines; 5. To qualify for this exemption the owner must file written proof subscribed and sworn to by a Certified Public Accountant certifying the tobacco bar's total gross income and the percentage of tobacco product sales from the tobacco bar. The City Clerk or City Attorney may request further information, including an audit of the tobacco bar's records, if there is reason to believe the financial data may not be accurate; 6. This exemption is only in effect from the date of initial application until June 30, and then from July 1 to June 30, of each year. An application for this exemption must be made annually by April 15th of the application year. To qualify for an annual exemption the tobacco bar must provide written proof subscribed to and sworn by a Certified Public Accountant certifying that fifteen percent (15%) or more of the tobacco bar's total gross income from the preceding year was from the on-site sale of tobacco products, not including any sales from vending machines; 7. Tobacco bars shall display signs, in accordance with the standards in this section, that state that cigars and pipes may be smoked in the tobacco bar, that cigarettes may not be smoked in the tobacco bar, and warning of the dangers of secondhand smoke, in language and form as approved by the Director of Public Health Madison and Dane County. (Am. by ORD-15-00009, 1-28-15) (c) Retail electronic delivery device stores subject to the following: 1. The store may provide electronic delivery devices and accessories for the purposes of sampling; 2. The store must have an entrance opening directly to the outside; 3. Smoking of tobacco products is prohibited; and 4. Service of food is not permitted. (8) Signage. (a) Signs prohibiting shall be posted conspicuously at every building, structure, or public place entrance by the proprietor, employer or other person in charge of each building, structure or public place specified in Subsections (3), (4), (5) and (6). Signs in outdoor areas designated as nonsmoking shall be placed so that the public has reasonable notice of the prohibition. Signs shall include the international "No Smoking" symbol consisting of a pictorial burning cigarette enclosed in a red circle with a red bar across the cigarette. (Am. by Ord. 12,938, 12-11-01; ORD-11-00065, 5-13-11) (b) It shall be unlawful for any person to remove, deface, or destroy any sign required by this Section, or to smoke in any place where any such sign is posted. (Renumbered by Ord. 12,796, 4-9-01; Renumbered by ORD-11-00065, 5-13-11) (9) Enforcement. (a) The Director of Public Health Madison and Dane County or designee and the Chief of Police or designee, shall have the power, whenever they may deem it necessary, to enter upon the premises named in this section to ascertain whether the premises are in compliance with this Ordinance. A compliance time of not less than one week shall be granted. Enforcement may be by citation, as permitted by Sec. 1.08, MGO, or through issuance of a summons and complaint. (Renum. and Am. by Ord. 10,163, 12-28-90; Renumbered and Am. by Ord. 12,571, 5-3-00) (b) The proprietor, employer or other person in charge of premises regulated hereunder, upon either observing or being advised of a violation, shall make reasonable efforts to prevent smoking in prohibited areas by: 1. Approaching smokers who fail to voluntarily comply with this section and requesting that they extinguish their cigarette or tobacco product and refrain from smoking, or 2. Refusing service to anyone smoking in a prohibited area. (c) Any person who desires to register a complaint under this section may contact Public Health Madison and Dane County or the Police Department. (d) Ashtrays, cigarette vending machines and other smoking paraphernalia shall not be located in areas where smoking is prohibited. (10) Retaliation Prohibited. No person shall discharge, refuse to hire, refuse to serve or in any other manner retaliate against any employee, applicant for employment, customer, service user, business patron or any other person because that person exercises any rights afforded by this section. (Cr. by Ord. 12,938, 12-11-01) (11) Violations and Penalties. (a) General. Any person who violates any of the provisions of this section may be subject to a forfeiture of no more than one hundred and twenty-five dollars ($125) for the first offense and no more than five hundred dollars ($500) for the second and subsequent offenses. Each day that a violation occurs shall be considered a separate offense. (12) Clean Indoor Air. (a) Intent and Construction. The City of Madison finds that it is in the interests of the health, safety and welfare of the community to adopt by reference Wis. Stat. § 101.123, and subsequent amendments, additions and recodifications. It is the intent of the Common Council that where there may be conflict between Wis. Stat. § 101.123 and Sec. 23.05, MGO, that the most restrictive section shall apply. This Ordinance shall not be construed to mean that progressive discipline of City employees for violations of laws, rules, and regulations is only authorized where explicitly provided by ordinance. (b) Penalty. The penalties provided by Wis. Stat. § 101.123 shall be in addition to the penalties provided for violation of Sec. 23.05 when a person has violated both laws. In addition to the penalties provided by Sec. 23.05 and Wis. Stat. § 101.123, any City employee who violates any provision of Sec. 23.05 or Wis. Stat. § 101.123, may also be subject to progressive discipline by their employer. (13) Severability. The provisions of this section are severable. If any provision of this section is held to be invalid or unconstitutional or if the application of any provision of this section to any person or circumstance is held to be invalid or unconstitutional, such holding shall not affect the other provisions or applications of this section which can be given effect without the invalid or unconstitutional provisions or applications. It is hereby declared to be the intent of the Common Council that this section would have been adopted had any invalid or unconstitutional provision or applications not been included herein. (Cr. by Ord. 11,558, 3-29-96, 4-4-96; Renumbered to (13) by Ord. 12,938, 12-11-01) (14) Notwithstanding any other provision of the Madison General Ordinances, the City Attorney is authorized to institute and prosecute actions seeking to enjoin repeated violations of this section. (Sec. 23.05(1) Am. by Ord. 10,531, 12-30-92; Ord. 12,571, 5-3-00; Ord. 12,938, 12-11-01 Am. by ORD-10-00067, 7-13-10) (Sec. 23.05(2) Am. by Ord. 12,571, 5-3-00) (Sec. 23.05(3) Am. by Ord. 10,679, 6-11-93; Am. by Ord. 12,571, 5-3-00; Am. by Ord. 12,938, 12-11-01) (Cr. by Ord. 11,023, 10-31-94; Am. by Ord. 12,794, 4-9-01) (Cr. by Ord. 12,832, 6-6-01) (Former Sec. 23.05(3)(s) Am. and Renum. to Sec. 23.05(4) by Ord. 12,571, 5-3-00) (Am. by Ord. 11,091, 12-22-94; Am. and Renum. by Ord. 12,571, 5-3-00; Am. by Ord. 12,938, 12-11-01; Ord. 13,510, 2-10-04) (New Sec. 23.05(6) Cr. by Ord. 12,938, 12-11-01) (Sec. 23.05(7)(c) Cr. by ORD-15-00007, 1-14-15) (Am. by ORD-06-00033, 4-7-06; Rep. 28.05(7)(a) & Renum. (b)—(f) to (a)—(e) by ORD-09-00147, 11-6-09; Rep. Sec. 28.05(7)(b), (c), 9(d) and Renum. (e) to (b) by ORD-10-00067, 7-13-10) (Sec. 23.05(7) Am. by Ord. 12,571, 5-3-00; Renum. from 23.05(6) & Am. by Ord. 12,938, 12-11-01; Am. by Ord. 13,195, 12-10-02; Ord. 13,604, 5-11-04; ORD-10-00067, 7-13-10) (Am. and Renumbered by Ord. 12,571, 5-3-00; Am. and Renumbered by Ord. 12,938, 12-11-01) (Cr. by Ord. 12,796, 4-9-01) (Am. and Renum. by Ord. 12,571, 5-3-00; Am. and Renum. by Ord. 12,938, 12-11-01; Am. by ORD-15-00009, 1-28-15) (Sec. 23.05(8) Renumbered to (9) and Am. by Ord. 12,571, 5-3-00; Ord. 12,795, 4-9-01; Renumbered to (11) by Ord. 12,938, 12-11-01; Ord. 13.604, 5-11-04)] (Sec. 23.05(9) Renumbered to (10) by Ord. 10,163, 12-28-90; Renumbered to (12) and Am. by Ord. 12,938, 12-11-01) (Cr. by ORD-10-00067, 7-13-10)

Madison General Ordinances § 23.06 DAMAGE TO PROPERTY.

23.06 - DAMAGE TO PROPERTY. (1) Definitions. In this section: (a) "Intentionally" shall mean that the actor either has a purpose to do the thing or cause the result specified, or is aware that their conduct is practically certain to cause that result. In addition, the actor must have knowledge of those facts which are necessary to make their conduct unlawful and which are set forth after the word "intentionally". (b) "Graffiti" shall mean any writing, printing, marks, signs, symbols, figures, designs, inscriptions, or other drawings which are scrawled, painted, drawn or otherwise placed on any surface of a building, wall, fence, sidewalk, curb or other structure on public or private property which have the effect of defacing the property, but shall not include scratchiti as defined in Section 23.065. (Am. by ORD-06-00032, 4-7-06) (2) It shall be unlawful for any person to intentionally cause damage to any physical property of another without the person's consent. (3) If more than one item of property is damaged under a single intent and design, the damage to all of the property may be prosecuted as a single offense. (4) In any case of unlawful damage involving more than one act of unlawful damage, but prosecuted as a single offense, it is sufficient to allege generally that unlawful damage to property was committed between certain dates. At the trial, evidence may be given of any such unlawful damage that was committed on or between the dates alleged. (5) It shall be unlawful for any person to intentionally place graffiti on any surface located on public or private property. (6) This section does not prohibit any person from using water soluble chalk to mark words or figures, otherwise lawful, upon city pavement and sidewalks. (7) Any person who shall violate this section shall be subject to a forfeiture of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). (Am. by Ord. 13,760, Adopted 12-14-04) (Sec. 23.06 R./ReCr. by Ord. 11,377, 10-23-95)

Madison General Ordinances § 23.07 UNLAWFUL TRESPASS.

23.07 - UNLAWFUL TRESPASS. (1) It shall be unlawful for any person to intentionally enter the dwelling of another without the consent of some person lawfully upon the premises, under circumstances tending to create or provoke a breach of the peace. (2) It shall be unlawful for any person to enter or remain on any property of another or to enter or remain in any building of another after having been notified by the owner or occupant or an individual authorized by the owner or occupant not to enter or remain on such premises. (3) It shall be unlawful for any person to enter or remain in a health care facility or to enter or remain on property on which a health care facility is located after having been notified by the owner or occupant not to enter or remain on such premises. In this section a "health care facility" means a hospital, clinic or office that is used by a licensed physician. Where an office used by a health care facility is located in a multi-office building, the common areas of the entire building shall also be deemed a health care facility. (4) It shall be unlawful for any person to permit any animal belonging to that person, or under that person's control, to trespass upon the property belonging to another person without the permission of the lawful owner or occupant. (5) No person shall possess or consume any amount of an alcoholic beverage, whether in an open or closed container, on the property of another without the permission of a person lawfully upon the premises. (Cr. by Ord. 10,924, 6-17-94) (6) Reserved. (Cr. by Ord. 10,924, 6-17-94; Rpld. by ORD-23-00090, 10-13-23) (7) (a) It shall be unlawful for any person, other than a licensee or authorized newspaper reporters or those connected with or employed upon the railroad, to walk, loiter or be upon or along the track of any railroad. The provisions of this subsection shall not be construed to interfere with the lawful use of a public road or highway by any person, or to prevent any person from driving across any railroad from one part of the person's land to another part thereof, or from walking directly across the tracks or right-of-way or track by any person when occasioned by or in connection with, either directly or indirectly, the shipping, loading or unloading of freight, seeking employment, the investigation or securing of evidence with respect to any accident or wreck, or in conducting or transacting any other business for or with said railroad; or with the entry of any employee during or on account of labor disputes by employees. (b) No person shall be cited for nor convicted of a violation of Subsection (7)(a) unless Notices have been conspicuously posted in the immediate area in which such person is trespassing or has trespassed and said notices substantially contain the provisions of Subsection (7)(a) and the penalties for violating that subsection. (8) It shall be unlawful for any person, other than those actually engaged in maintenance or other work activities, to enter, be upon or cross the full right-of-way width of North Paterson Street from the end of the improved street to the waters edge of Lake Mendota from sunset to sunrise. (Cr. by Ord. 13,236, 2-25-03) (9) It shall be unlawful for any unauthorized person to enter or remain on Henry Vilas Zoo property when the property is not open to the public. (Cr. by ORD-11-00168, 12-6-11) (10) It shall be unlawful for any person to enter or remain in any area of the Henry Vilas Zoo which is not designated for visitors, unless specific permission has been granted by the Henry Vilas Zoo Director. (Cr. by ORD-11-00168, 12-6-11) (11) It shall be unlawful for any person to enter or attempt to enter any part of any automobile, aircraft, watercraft, snowmobile or other vehicle, including trailers and camping trailers, without the consent of the owner, operator or person having legal authority over the vehicle. (Cr. by ORD-15-00129, 11-25-15) (12) This section does not prohibit any person from participating in lawful conduct in labor disputes under Wis. Stat. § 103.53. (Renum. by ORD-15-00129, 11-25-15) (13) Any person violating any of the provisions of Subsections (1), (2) or (11) of this section shall be subject to a forfeiture of up to five hundred dollars ($500); any person violating any provision of Subsection (3), (9) or (10) of this section shall be subject to a forfeiture of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000); any person violating any provision of Subsection (4) or (8) of this section shall be subject to a forfeiture of not less than twenty-five dollars ($25) nor more than two hundred dollars ($200); and any person violating any of the provisions of Subsection (5) or (7) of this section shall be subject to a forfeiture of not more than three hundred dollars ($300). (Am. by Ord. 11,621, 6-13-96; Am. and Renumbered by Ord. 13,236, 2-25-03; Ord. 13,760, 12-14-04; ORD-10-00063, 6-23-10; (Renum. & Am. by ORD-15-00129, 11-25-15; Am. by ORD-23-00090, 10-13-23) (Cr. by Ord. 12,325, 2-26-99) (Sec. 23.07 Am. by Ord. 10,326, 11-14-91; ORD-11-00168, 12-6-11)

Madison General Ordinances § 23.08 HOURS OF OPERATION FOR PAYDAY LOAN BUSINESSES.

23.08 - HOURS OF OPERATION FOR PAYDAY LOAN BUSINESSES. (1) Intent and Purpose. It is the purpose of this Ordinance to regulate the hours of operation of all payday loan businesses. The majority of existing payday loan businesses, as defined in Section 28.03(2), are located near residential areas, where business hours may impact the residents of the area. Payday loan businesses, like other financial businesses, do not provide services that must be available at hours other than normal business hours. This Ordinance is deemed for the benefit of the health, safety and welfare of the public. (Am. by Ord. 13,619, 5-11-04) (2) Hours of Operation. No payday loan business may be open between the hours of 9:00 p.m. and 6:00 a.m. (Cr. by Ord. 13,498, 1-23-04)

Madison General Ordinances § 23.09 REPRESENTING THAT PROFIT FROM SALE OF MERCHANDISE INURES TO CHARITABLE ORGANIZATIONS PROHIBITED.

23.09 - REPRESENTING THAT PROFIT FROM SALE OF MERCHANDISE INURES TO CHARITABLE ORGANIZATIONS PROHIBITED. No person, firm or corporation shall hereafter sell upon the public streets of the City of Madison or go from place to place in and about said City soliciting orders or otherwise attempting to sell merchandise from house to house or place to place who shall represent in connection with said sales that any portion of the profit of said sale or any portion of the money received for the sale of any article so sold, will be donated to any charitable institution.

Madison General Ordinances § 23.10 REPORT OF REMOVAL OF PERSONAL PROPERTY TO BE MADE TO CHIEF OF POLICE.

23.10 - REPORT OF REMOVAL OF PERSONAL PROPERTY TO BE MADE TO CHIEF OF POLICE. (1) Every person who shall remove household effects or business equipment of another between any two points within the City limits shall except as hereinafter provided, file with the Chief of Police the name of the owner of the effects or equipment so removed and the house number and street, or depot from which and to which such removal was made, and the date of such removal. Such reports shall be filed with the Chief of Police within forty-eight (48) hours after such removal, on blanks furnished by the City Clerk. The provisions of this section shall not extend to or include the removal of household effects or business equipment in trunks, satchels or valises. (2) All such reports shall be kept on file in the office of the Chief of Police, who shall transcribe the records of all such removals and record the same alphabetically in a book for that purpose. Such records shall contain the name of the person, firm, or corporation so removed and the address from which and to which removed, together with the date of such removal.

Madison General Ordinances § 23.11 RESERVED FOR FUTURE USE.

Madison General Ordinances § 23.12 TRANSIENT HOTELS & MOTELS REGULATED.

23.12 - TRANSIENT HOTELS & MOTELS REGULATED. (1) Transient Hotels. (a) Hourly Rentals Prohibited. No Hotel, Motel or Tourist Rooming House may rent a room designed for dwelling, lodging or sleeping purposes for hourly or other short-time rates or in any way advertise that any such room is available at hourly or other short-time rates. A room designed for dwelling, lodging or sleeping purposes shall not be rented more than once between 6:00 a.m. and 5:59 p.m. on any given day and no more than once between 6:00 p.m. and 5:59 a.m. of the following morning. For purposes of this section, renting hourly or other short-time rates shall be defined as the granting of the use or possession of a room for lodging or sleeping purposes for an amount less than the minimum daily rental rate. (b) Exception to Hourly Rental Prohibition. A hotel, motel or tourist rooming house may rent rooms designed for dwelling, lodging or sleeping purposes more than once between 6:00 a.m. and 5:59 p.m. on any given day and more than once between 6:00 p.m. and 5:59 a.m. of the following morning when such rental is for a specified legitimate and legal business purpose in which the persons occupying the room intend to be present within the City for a short period of time including but not limited to: traveling sports teams, performing artists, airlines, trucking/shipping companies and business meetings. Any hotel, motel or tourist rooming house renting rooms more than once during the specified hours in this subsection must maintain a registration record which indicates the nature of the room use, the name of the party or parties renting the room, and the time of check-in and check-out. Any room rented under this exception more than once during the specified hours must be thoroughly cleaned before being re-rented. (2) Registration Required. (a) Every person who owns or operates a hotel, motel or tourist rooming house in the city shall keep and maintain a registration record for all guests renting a room or rooms at the hotel, motel or tourist rooming house. The registration record must indicate the room number rented, how many people will be in the room, the number of nights the guest is staying or has stayed, the guest's name, and the guest's signature and the type of identification offered to validate the reservation. The registration record shall indicate the date and time a guest checks in and the date and time the room is surrendered. No guest shall be allowed to register without first presenting valid identification that is verified by the hotel, motel or tourist rooming house to match the person registering. Valid identification may include: driver's license, non-driver's state issued identification card, government identification, military identification, passport or any form of identification that contains the guest's name. The type of identification presented by the guest shall be noted in the register and shall include the document's identification number and the state or country of issuance. (b) Every hotel, motel or tourist rooming house that does not offer its guests valet parking must record on the registration record the make, model, license plate number and State of issue for any motor vehicle brought to the hotel, motel or tourist rooming house by the guest registrant. (c) No person shall write or cause to be written, or knowingly permit to be written on any registration record in any hotel, motel or tourist rooming house, any other or different name or designation than the true name of the guest registering therein, or the name by which such guest is generally known, unless registering under the guest's true name would compromise the guest's safety and/or peace and tranquility, i.e. a guest who has been placed at the hotel, motel or tourist rooming house through a victim/witness program, as a sequestered juror, or the guest is a well-known performing artist or athlete who regularly registers under an assumed name or a corporate name. The burden will be on the hotel, motel or tourist rooming house to show that the guest's safety and/or peace and tranquility would have been compromised had the guest registered under their true name. (d) Erasures or alterations to the registration record required by this subsection shall not be permitted or made for any purpose, and it shall be unlawful to erase a name or names or address or addresses or to permit such an erasure. (e) Every peace officer shall have access to and the right to inspect at any time any registration record kept by any hotel, motel or tourist rooming house. (3) Any Hotel, Motel or Tourist Rooming House that violates Subsec. (1) of this Ordinance more than three (3) times in any one month, or more than six (6) times in any year shall constitute a public nuisance. (4) No Hotel, Motel or Tourist Rooming House may operate as a bawdyhouse, disorderly house, drug house, gambling place or criminal gang house, as those terms are defined in Chapter 823, Wis. Stats. (5) The Office of the City Attorney is hereby authorized to commence and maintain an action to recover damages or to abate a public nuisance under Wis. Stat. ch. 823, against any Hotel, Motel or Tourist Rooming House that violates Subsection (2) or Subsection (3) of this Ordinance or that otherwise constitutes a public nuisance pursuant to Wis. Stat. ch. 823. (6) Hotel, Motel or Tourist Rooming House Operator May Refuse Accommodations. (a) Any person who owns or operates a hotel, motel or tourist rooming house may refuse or deny the use of a room, accommodations, facilities or other privileges of the hotel to any of the following: 1. An individual who is unwilling or unable to pay for the room, accommodations, facilities, or other privileges of the hotel, motel or tourist rooming house. 2. An individual who is visibly intoxicated, under the influence of alcohol or other drug, and is disorderly so as to create a public nuisance; 3. An individual who the hotel owner or operator reasonable believes is seeking to use a room, accommodations, facilities or other privileges of the hotel for an unlawful purpose; 4. An individual who the hotel owner or operator reasonable believes is bringing in anything which may create an unreasonable danger or risk to other persons, including but not limited to explosives or the unlawful use of firearms; 5. An individual whose use of the room, accommodations, facilities or other privileges of the hotel would result in a violation of the maximum capacity of such hotel. 6. An individual who does not provide the registration information as required in Subdivision (2)(a). (7) Exception to 23.12(6). Any tourist or other person occupying a dwelling unit in a hotel, motel or tourist rooming house for more than sixty (60) days while traveling away from their permanent place of residence, or any transient person without a permanent place of residence may not be excluded, forcibly evicted or constructively evicted from a dwelling unit other than by an eviction procedure specified under ch. 799, Wis. Stats. (8) Penalty. Any person who violates any of the provisions of this section may be subject to a forfeiture of not less than $100 and nor more than $1,000. Each day of violation shall constitute a separate offense. (Sec. 23.12 Cr. by ORD-08-00028, 3-15-08)

Madison General Ordinances § 23.13 AUTOMOBILES NOT TO BE RENTED TO MINORS.

23.13 - AUTOMOBILES NOT TO BE RENTED TO MINORS. (1) It shall be unlawful for any person, firm, or corporation in the City of Madison to rent, hire, or lease an automobile to any person or persons under the age of eighteen (18) years unless such person or persons shall file with the lessor the written consent of the parents or legal guardians of such lessee or lessees or the dean of students of the University of Wisconsin to such renting, for the day on which such automobile is so rented, hired or leased. (2) Such written consent shall be kept on record in the office of such lessor for a period of six (6) months after the date of such renting, hiring or leasing and shall be open to inspection at all reasonable times by any person. (3) It shall be unlawful for any person under the age of eighteen (18) years to misrepresent their age for the purpose of renting, hiring, or leasing an automobile or for any person not the parent or legal guardian, or a dean of students at the University of Wisconsin to write or sign the written consent provided for in Subsection (1) of this section.

Madison General Ordinances § 23.14 AUTOMOBILES NOT TO BE RENTED TO ANY PERSON WITHOUT A DRIVER'S LICENSE.

23.14 - AUTOMOBILES NOT TO BE RENTED TO ANY PERSON WITHOUT A DRIVER'S LICENSE. No person, firm, or corporation shall rent hire, or lease an automobile to any person or persons unless such person or persons shall have a driver's license as required by the Statutes of the State of Wisconsin, and such lessor shall ascertain and place on any written consent required by Subsection (1) of Section 23.13 hereof a notation showing the driver's license number of the person for whom such consent is furnished.

Madison General Ordinances § 23.15 TICKET RESELLING PROHIBITED.

23.15 - TICKET RESELLING PROHIBITED. (1) No person shall buy or sell or offer to sell any ticket to any event for which tickets are required for entrance for more than the price printed on such ticket. (Am. by Ord. 7916, 1-13-83) (2) Any person violating the provisions of Subsection (1) shall be subject to a forfeiture of not more than one hundred dollars ($100). (Sec. 23.15 Cr. by Ord. 6199, 3-24-78; Am. by ORD-18-00023, 2-16-18)

Madison General Ordinances § 23.16 REGULATING AND CONTROLLING UNIFORMS OF PRIVATE POLICE, SECURITY GUARDS, COURIERS AND OTHER SIMILARLY UNIFORMED PERSONS.

23.16 - REGULATING AND CONTROLLING UNIFORMS OF PRIVATE POLICE, SECURITY GUARDS, COURIERS AND OTHER SIMILARLY UNIFORMED PERSONS. (1) Purpose. The purpose of this Ordinance is to regulate and control the uniforms and paraphernalia worn by private police and other quasi-police personnel under private employment so as to reduce or eliminate the possibility that the public would reasonably construe these private employees to be commissioned law enforcement officers and to therefore rely on that notion. Such purpose is deemed to be for the benefit of the health, safety, and welfare of the residents of the City of Madison. (Am. by ORD-17-00030, 3-8-17) (2) In this section, "law enforcement officer" means any person employed by the federal or state government or by a city, village, town or county for the purpose of detecting and preventing crime and enforcing laws or ordinances, who is authorized to make arrests for violations of the laws or ordinances which they are employed to enforce. These agencies include, but are not limited to the following: Cottage Grove Police Department Dane County Sheriff DeForest Police Department Fitchburg Police Department McFarland Police Department Middleton Police Department Monona Police Department Sun Prairie Police Department University of Wisconsin-Madison Police Verona Police Department Wisconsin Capitol Police Wisconsin Department of Natural Resources Conservation Wardens Wisconsin State Patrol (3) No person, firm, or corporation which routinely conducts its business within the City of Madison shall wear or cause its employees or agents to wear a uniform, insignia, badge, pants, shirt, jacket and any other combination of clothing articles and paraphernalia which by their color, style, design and other characteristics would lead a reasonably prudent person to conclude that such person so garbed is a commissioned law enforcement officer. It is the intent of this proviso to prohibit garb and paraphernalia which in its totality would create the impression in a reasonably prudent person that the one so clothed is a commissioned law enforcement officer. (4) Exceptions. This Ordinance is not applicable to any official governmental body or subdivision thereof or to such body's employees or agents so long as such employees or agents are so attired in the regular course of such employment. Further, this Ordinance is not applicable to theatrical productions. (5) Penalty. Any person, firm, or corporation which violates any provision of this Ordinance shall be subject to a forfeiture of not less than twenty dollars ($20) nor more than two hundred dollars ($200) for each violation. (6) Effective Date. This Ordinance shall be in full force and effect six months after adoption and publication. (Sec. 23.16 Cr. by Ord. 7548, 10-29-81; Am. by ORD-16-00028, 3-9-16)

Madison General Ordinances § 23.17 BILLIARD HALL CLOSING HOURS.

23.17 - BILLIARD HALL CLOSING HOURS. All persons who run a billiard hall, whether licensed or not, shall close such places of business or use and keep them closed from 1:00 a.m. to 5:00 a.m. of each day.

Madison General Ordinances § 23.18 CRUELTY TO ANIMALS.

23.18 - CRUELTY TO ANIMALS. It shall be unlawful for any person to neglect, unnecessarily injure or otherwise treat any animal in a cruel manner. (1) It shall be unlawful for any person to commit any of the following acts against any animal: (a) Causing unnecessary pain, suffering, injury, disfigurement or death; (b) Failing to provide adequate food, water, shelter or veterinary care; (c) Failing to provide dogs that are chained or tethered outside unsupervised with at least ten (10) feet of rope or tether; (d) Leaving a dog outside unsupervised for more than fifteen (15) minutes without access to adequate shelter; or (e) Permanently separating a puppy under seven (7) weeks of age from his or her mother, unless said separation is authorized by a veterinarian who has conducted a physical assessment of the puppy and determined that the separation is in the puppy's best interest. (2) Any violation of this Ordinance or of Chapter 951 of the Wisconsin Statutes may result in prosecution and an abatement action, including an abatement order by a humane officer, an animal control officer or a law enforcement officer. (3) Hearing. Any person named in an abatement order, initiated under Subsection (2), may appeal such order to the Board of Health for Madison and Dane County Subcommittee by filing a notice of appeal with the Director of Public Health Madison and Dane County within ten (10) days of the date of service of the abatement order. The notice of appeal must state the grounds for the appeal. The Health Commission Subcommittee shall schedule a hearing to be held within ten (10) days of receipt of the appeal, unless the requester agrees to a later date. The Subcommittee shall make reasonable efforts to notify the appellant, the officer initiating the order and any other interested party of the hearing and the opportunity to present evidence and testimony. The hearing shall be informal in nature. After this hearing, the Subcommittee will determine whether to affirm, conditionally affirm or reject the abatement order. Within ten (10) days after the hearing, the Subcommittee shall issue its decision in writing and serve a copy of the decision by first class mail upon the appellant and any other party requesting a copy. (Am. by ORD-05-00033, 2-24-05; ORD-15-00009, 1-28-15) (4) Appeal. Any person adversely affected by a decision under Subsection (3), may seek judicial review by commencing an action in Circuit Court within thirty (30) days after the day that the decision was issued (5) Any person violating this section shall be subject to a forfeiture up to two thousand dollars ($2,000). Each and every day of violation may be considered a separate offense. (Cr. by ORD-14-00182, 12-10-14) (Am. by ORD-14-00182, 12-10-14) (Am. by Ord. 12,565, 5-6-00)

Madison General Ordinances § 23.19 DESTRUCTION OF BIRDS PROHIBITED.

23.19 - DESTRUCTION OF BIRDS PROHIBITED. No person shall injure or attempt to injure or destroy, within the limits of the City of Madison, any wild bird.

Madison General Ordinances § 23.20 REGULATIONS CONCERNING CANNABIS.

23.20 - REGULATIONS CONCERNING CANNABIS. (1) Definitions. Consume means to smoke, inhale, exhale or ingest in any manner cannabis or cannabis derivatives. Hemp is any part or derivative of the plants in the genus cannabis with a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis or per volume or weight. Cannabis means all parts of the plants in the genus cannabis, whether growing or not; the seeds thereof; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds. It does not include marijuana derivatives or any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or cake, or the sterilized seed of the plant that is incapable of germination. It does not include hemp or synthetic chemical cannabinoids. Cannabis derivative means any substance derived from plants in the genus cannabis that has a delta-9 tetrahydrocannabinol (THC) concentration of more than 0.3 percent per volume or weight. It does not include hemp or synthetic chemical cannabinoids. Practitioner means: (a) A physician, advanced practice nurse, dentist, veterinarian, podiatrist, optometrist, scientific investigator or subject to Wis. Stat. § 448.21(3), a physician assistant, or other person licensed, registered, certified or otherwise permitted to distribute, dispense, conduct research with respect to or administer or use in teaching or chemical analysis a controlled substance in the course of professional practice or research in this state. (b) A pharmacy, hospital, or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or administer a controlled substance in the course of professional practice or research in this state. Private property means an area to which the public at large is not invited or permitted, such as a private residence. Public property means any space to which the public is invited or in which the public is permitted. School bus means a motor vehicle that is capable of carrying ten (10) or more passengers in addition to the operator of a motor vehicle for the purposes of transporting pupils to or from a public school, a private school, a technical college, or curricular or extracurricular activities. (2) Possession. A person who is eighteen (18) years of age or older may possess cannabis or cannabis derivatives in an amount not to exceed twenty-eight (28) grams on public property with the permission of the property owner, landlord or tenant or on private property. Exceptions: (a) Cannabis or cannabis derivatives may not be possessed in an amount greater than twenty-eight (28) grams on public or private property. (b) Cannabis or cannabis derivatives may not be possessed within one thousand (1,000) feet of any private or public school premise. (c) Cannabis or cannabis derivatives may not be possessed on a school bus. (3) Consumption. A person who is eighteen (18) years of age or older may consume cannabis or cannabis derivatives on private property with the permission of a person who is lawfully on the property or on public property with permission of the owner, landlord or tenant. No person may consume cannabis or cannabis derivatives in a motor vehicle which is in operation. No person may consume cannabis or cannabis derivatives in violation of MGO Sec. 23.05 or Wis. Stats. Sec. 346.63. (4) Prescription. Any person who has obtained cannabis or cannabis derivatives directly from or pursuant to a valid prescription or order of a practitioner while acting in the course of the practitioner's professional practice may possess cannabis or cannabis derivatives on public or private property and may consume cannabis or cannabis derivatives on private property with the permission of a person who is lawfully on the property or on public property with the permission of the owner, landlord or tenant. (5) A violation of this Section shall be subject to a forfeiture of up to one hundred dollars ($100). (Cr. by ORD-20-00109, 12-3-20)

Madison General Ordinances § 23.21 PRUNING OR REMOVING TREES IN PUBLIC HIGHWAYS OR PUBLIC PLACES.

23.21 - PRUNING OR REMOVING TREES IN PUBLIC HIGHWAYS OR PUBLIC PLACES. (1) No person, corporation, or association shall plant, cut, prune, or remove any living tree or shrub in a public highway in the City of Madison, or cut, disturb or interfere in any way with the roots of any tree, to the extent of causing serious injury to such tree, in such public highway, or spray any such trees or shrubs with any chemical or insecticides without written permit of the Board of Public Works. (Am. by ORD-25-00063, 9-25-25) (2) Nothing herein shall be construed as preventing the City Engineer or Superintendent of Streets, Sewers, and Sanitation (Superintendent of Sanitation) from trimming trees so as to prevent interference with street illumination, provided that before trimming the trees said City Engineer or Superintendent of Streets, Sewers, and Sanitation (Superintendent of Sanitation) shall obtain the suggestion of the City Forester, and if the trimming suggested by them shall be sufficient to accomplish the purpose the tree shall be trimmed accordingly. (Am. by ORD-14-00012, 1-14-14)

Madison General Ordinances § 23.22 PLANTING OF THESE TREES IN PUBLIC HIGHWAY.

23.22 - PLANTING OF THESE TREES IN PUBLIC HIGHWAY. No shade or ornamental tree or shrub shall be planted in any of the public streets of the City of Madison until such tree and the place where it is to be planted shall first have been approved by the Board of Public Works, and a permit granted by said Board therefore. (Am. by ORD-25-00063, 9-25-25)

Madison General Ordinances § 23.23 DEPOSITING MATERIALS NEAR TREES.

23.23 - DEPOSITING MATERIALS NEAR TREES. No person shall place or maintain upon the ground, in a public highway of the City of Madison, stone, cement, lumber, or other substance or material which may impede the free passage of water and air to any tree or shrub in such highway without leaving an open space of ground outside the trunk of said tree or the base of said shrub, of an area not less than sixteen (16) square feet. Before depositing any material in any highway of the City of Madison near to trees therein, the person so depositing said materials shall place such guards around the trees as shall effectively prevent injury to them.

Madison General Ordinances § 23.24 BREAKING, DAMAGING OR INJURING TREES, SHRUBS AND PUBLIC PLANTINGS.

23.24 - BREAKING, DAMAGING OR INJURING TREES, SHRUBS AND PUBLIC PLANTINGS. (1) Except as authorized under Sec. 10.101, no person shall break, damage or injure any tree or shrub planted in any highway in the City of Madison, nor shall they pour salt water or anything detrimental to the health of the tree or shrub on any such public highway in such places as to injure any tree or shrub planted or growing therein. (Am. by ORD-14-00012, 1-14-14) (2) No person shall occupy any flower bed or area of plantings nor shall any person injure, destroy or damage in any way any tree, shrub, flower or planting in any public park or public place within the City of Madison. For purposes of this subsection, public place means a place which is in public ownership or a place to which the public has access, distinguished from a private place. (Am. by Ord. 11,938, 9-26-97) (3) No person, during the course of performing or causing to be performed public or private work on or immediately adjacent to property that the City of Madison has an ownership interest in, including, without limitation, highways and highway rights-of-way, public walkways and bike paths, parks, and greenways, shall intentionally or negligently cause damage to any tree planted on said City of Madison property. In performing or causing to be performed such work, persons are expected to exercise ordinary care to prevent unnecessary damage to the tree and root structure so that the tree remains viable after the work is performed. It shall not be a violation of this provision if the City Engineer or City Forester, or their designees, authorize the damage to the tree prior to the damage, or within a reasonable time thereafter. Each tree damaged shall be a separate violation, and any person violating this provision shall be subject to the following forfeitures: if the tree damaged has a diameter of three (3) inches or less (measured at twelve inches above ground level and rounded to the nearest inch), a forfeiture of two hundred and fifty dollars ($250) plus thirty dollars ($30) per diameter inch; if the tree damaged has a diameter of more than three (3) inches (measured at twelve inches above ground level and rounded to the nearest inch), a forfeiture of one hundred and fifty dollars ($150) per diameter inch. However, no person shall be subject to a forfeiture under this subsection if that person has already reimbursed the City for the damage to the tree through the provisions of a public works contract. (Cr. by ORD-10-00071, 7-27-10) (Am. by ORD-25-00071, 10-16-25)

Madison General Ordinances § 23.25 ATTACHING ELECTRIC WIRES, ETC., TO TREES.

23.25 - ATTACHING ELECTRIC WIRES, ETC., TO TREES. No person, corporation, or association, shall attach any electric insulator, or any device for holding of electric wire, to any tree growing or planted upon any public highway of the City of Madison. Every person, corporation, or association having any wire or wires charged with electricity running through a public highway shall securely fasten such wire or wires to a post or other structure so that they shall not come in contact with any tree therein and every such person, corporation, or association shall, when and if the Board of Public Works shall determine it to be necessary in order to prune or cut down any tree growing on a public highway of the City of Madison, temporarily remove any such wire or wires or cut off the electricity within twenty-four (24) hours after service upon the owner of said wire or wires or their or its agents, of a written notice signed by the president of the Board of Public Works to remove said wire or wires or cut off said electricity. (Am. by ORD-14-00012, 1-14-14; Am. by ORD-25-00063, 9-25-25)

Madison General Ordinances § 23.26 TALL BARBERRY AND PURPLE BARBERRY PROHIBITED.

23.26 - TALL BARBERRY AND PURPLE BARBERRY PROHIBITED. No person shall hereafter sell or plant, within the City of Madison, the "berberis bulgaris", commonly known as the tall barberry or the "berberis purpurea", commonly known as the purple barberry.

Madison General Ordinances § 23.27 COTTON BEARING POPLAR TREES RESTRICTED.

23.27 - COTTON BEARING POPLAR TREES RESTRICTED. No person shall sell or plant any female cotton bearing tree of the poplar family commonly called the Eastern Cottonwood, Populus deltoides, and the White Poplar, Populus alba, within the boundaries of the City of Madison. (R. & Recr. by Ord. 4667, 8-5-74)

Madison General Ordinances § 23.28 SEED BEARING BOX ELDER TREES RESTRICTED.

23.28 - SEED BEARING BOX ELDER TREES RESTRICTED. No person shall sell or plant any seed bearing box elder tree, Acer negundo, within the boundaries of the City of Madison. (R. & Recr. by Ord. 4666, 8-5-74)

Madison General Ordinances § 23.29 NOXIOUS WEEDS.

23.29 - NOXIOUS WEEDS. (1) Purpose. This Ordinance is intended to restrict specific plant species which are deleterious to human health, can cause significant environmental damage such as stream bank erosion, or can cause significant damage to foundations or other infrastructure. All identified noxious weeds except those which are deleterious to human health are also invasive to Wisconsin. The City recognizes that there are many plants which are invasive to Wisconsin and has only identified those as prohibited under the City's ordinance that have the greatest identified negative impacts. The City of Madison encourages homeowners to include plants native to Wisconsin within their landscaping because these plants provide a hardy, drought resistant, low maintenance yard while benefiting the environment. Native plants, once established, save time and money by eliminating or significantly reducing the need for fertilizers, herbicides, water, and lawn maintenance equipment. Native plants are also beneficial because they help reduce air pollution because they do not require mowing; they attract a variety of birds, butterflies and other pollinators; and their use promotes biodiversity and stewardship of our natural heritage. Many non-native plants can also fill this role and be good selections but those identified as invasive should be avoided. For a list of plants which have been identified as invasives in Wisconsin see Wis. Admin. Code ch. NR 40. (2) Definitions. For the purposes of this Section, the following definitions apply: (a) Destroy. The complete killing of weeds or the killing of weed plants above the surface of the ground by the use of chemicals, cutting, tillage, cropping system, pasturing livestock, or any or all of these in effective combination, or by any other means approved by city staff, at such time and in such manner as will effectually prevent such plants from maturing to the bloom or flower stage. (b) Prohibited Noxious Weeds. The following plants are prohibited noxious weeds: 1. Rhus toxicodendron and Toxicodendron radicans (sometimes called Radicans toxicodendron) and Rhus radicans (common name Poison Ivy). 2. Urtica dioica (common name Stinging Nettle). 3. Euphorbia esula L. (common name Leafy Spurge). 4. Heraclelum mantegazzianum Sommier & Levier (common name Giant Hogweed). 5. Pastinaca sativa L. (common name Wild Parsnip). 6. Cirsium arvense (L.) Scop. (common name Canada Thistle). 7. Carduus acanthoides L. (common name Plumeless Thistle, Spiny Plumeless Thistle). 8. Carduus nutans (common name Musk Thistle). 9. Cirsium palustre (common name European Marsh Thistle). 10. Dipsacus fullonum L. (common name Common Teasel). 11. Dipsacus laciniatus (common name Cutleaf Teasel, Cut-leaf Teasel). 12. Non-native Lythrum salicaria and its hybrids (common name Purple Loosestrife). 13. Polygonum cuspidatum; synonym Fallopia japonica (common name Japanese Knotweed and alternatively called Japanese bamboo, Mexican bamboo, Japanese fleece flower, crimson beauty, Reynoutria, Hancock's curse). 14. Phragmites australis (common names common reed grass, ditch reed, giant reed). (3) Every person shall destroy prohibited noxious weeds on lands which he/she shall own, occupy or control and failure to comply with this paragraph shall subject such person to a forfeiture in accordance with the provisions of Section 23.70. (Am. by ORD-14-00012, 1-14-14; Am. by ORD-18-00074, 7-19-18) (4) Weed Commissioners; Appointment, Oath, Term; Exception. The Mayor shall appoint two (2) or more Weed Commissioners on or before May 15 in each year; such Weed Commissioners shall take the official oath (which oath shall be filed in the office of the City Clerk) and shall hold their office for one (1) year and until their successors have qualified. The Mayor may appoint the Weed Commissioners directly, or may delegate the authority for such appointment to the Superintendent of Streets, which delegation may be withdrawn by the Mayor at any time. Weed Commissioners are not subject to Common Council confirmation. (Am. by ORD-11-00145, 10-27-11) (5) Duties; Powers; Collections of Tax. The Weed Commissioner or Superintendent of Streets shall carefully investigate concerning the existence of noxious weeds in their district; and if any person therein neglects to destroy any weeds as required by this section, they shall, without giving written notice, destroy or cause all such weeds to be destroyed, in the manner deemed to be the most economical method and present to the Treasurer their account therefore verified by their oath and approved by the appointing officer. Such account shall specify by separate items the amount chargeable to each piece of land described the same, and shall, after being paid by the Treasurer, be filed with the City, who shall enter the amount chargeable to each tract of land in the next tax roll in a column headed "For the Destruction of Weeds", as a tax on the lands upon which such weeds were destroyed, which tax shall be collected as other taxes are, or as taxes are collected on personal property pursuant to Wis. Stat. § 74.11, except in case of lands which are exempt from taxation in the usual way. In case of railroad or other lands not taxed in the usual way the amount chargeable against the same shall be certified by the City to the State Treasurer with the request that they add the amount designated therein to the sum due from the company owning, occupying or controlling the lands specified and that they collect the same therefrom as prescribed in Wis. Stat. ch. 76, and return the amount collected to the City. The Weed Commissioner shall have those powers and duties set forth in Wis. Stat. § 66.0517, except that prior to entering any lands containing buildings or structures to cut or destroy noxious weeds, reasonable notice shall be provided to the property owner. (Am. by ORD-14-00012, 1-14-14) (Sec. 23.29 Am. by ORD-17-00004, 1-12-17)

Madison General Ordinances § 23.30 MAINTENANCE OF BARBED WIRE FENCES.

23.30 - MAINTENANCE OF BARBED WIRE FENCES. It shall be unlawful for any owner or occupant of land in the city of Madison to build or maintain any fence constructed wholly or in part of barbed wire along any public street adjacent to any sidewalk.

Madison General Ordinances § 23.31 ANIMALS NOT TO BE PERMITTED TO RUN AT LARGE.

23.31 - ANIMALS NOT TO BE PERMITTED TO RUN AT LARGE. Notwithstanding Sec. 23.32, it shall be unlawful for the owner or keeper of any animal to permit the same to run at large at any time within the limits of the City of Madison. (Am. by ORD-18-00058, 6-15-18)

Madison General Ordinances § 23.32 REGULATION OF DOGS AND CATS RUNNING AT LARGE.

23.32 - REGULATION OF DOGS AND CATS RUNNING AT LARGE. (1) Except as provided under Section 8.195, it shall be unlawful for the owner or keeper of any dog or cat to permit the same to run at large in the City of Madison. Any animal found at large shall be conclusively presumed to be so with the permission of its owner or keeper. A dog or cat shall be deemed to be at large when it is off the premises of its owner or keeper, unless under the control of a person and restrained by means of a chain, rope or cord of sufficient strength and of a length not to exceed six (6) feet to control the action of such dog or cat. This Ordinance is not intended to prohibit the keeping of dogs or cats within enclosed areas which will reasonably control the conduct of said dog or cat. (2) Any person violating any provision of this section for the first time in any twelve-month period may be subject to a forfeiture of not less than twenty-five dollars ($25) nor more than one hundred dollars ($100); any person violating any provision of this section for the second time in a twelve-month period may be subject to a forfeiture of not less than fifty dollars ($50) nor more than two hundred dollars ($200); any person violating any provision of this section for the third time in a twelve-month period may be subject to a forfeiture of not less than one hundred dollars ($100) nor more than three hundred dollars ($300); any person violating any provision of this section for the fourth and subsequent time in a twelve-month period may be subject to a forfeiture of not less than two hundred dollars ($200) nor more than five hundred dollars ($500). (Sec. 23.32 Am. by Ord. 11,549, 3-14-96; Am. by ORD-20-00030, 3-12-20)

Madison General Ordinances § 23.33 ANIMAL CONTROL OFFICER TO BE APPOINTED TO SEIZE AND IMPOUND ANIMALS.

23.33 - ANIMAL CONTROL OFFICER TO BE APPOINTED TO SEIZE AND IMPOUND ANIMALS. (1) The Director of Public Health Madison and Dane County shall appoint humane officers whose duties it shall be to seize any and all animals found running at large in the City of Madison. (2) It shall be the duty of a humane officer to ascertain, if possible, the owners of all animals seized by the officers and to notify such owners of the fact that their animals have been seized and where they may be found, and that the owners may retrieve their animals upon payment of an animal impoundment fee of thirty-five dollars ($35) to the City of Madison and any and all fees for the board of the animals during the time they are impounded. (Am. by Ord. 10,935, 7-5-94; Ord. 12,707, 11-9-00) (3) A humane officer shall order the impoundment of any animal reasonably believed to be infected with rabies, or to have been in contact with a rabid animal or to have bitten or otherwise injured a person in such a way as to break the skin and allow the possible contact of an open wound with the animal's saliva. If the animal is running at large, the animal shall be immediately seized and restrained by a humane officer. (a) An officer who orders the animal impounded shall deliver the animal or shall order the animal delivered to a veterinary clinic in the County of Dane as soon as possible but no later than twenty-four (24) hours after the original order is issued. Alternatively, the officer may order the animal to be impounded on the premises of the owner upon the determination that the animal is currently immunized against rabies vaccination or other evidence. (b) If an animal is ordered to be impounded, the custodian of the veterinary clinic or the owner, in cases of home impoundment, shall keep the animal under strict isolation under the supervision of a veterinarian for at least ten (10) days. The impoundment shall be at the animal owner's expense. In this paragraph, "supervision of a veterinarian" includes examination of the animal on the first day of impoundment, on the fourth, fifth, or sixth day of impoundment and on the last day of impoundment. The ten-day period may be extended pursuant to Sec. 95.21(5)(c) of the Wisconsin Statutes or by order of a veterinarian. Reports at the end of such observation shall be made without delay to Public Health Madison and Dane County by telephone. (c) In cases of home impoundment, "strict isolation" shall be defined by the Director of Public Health Madison and Dane County with additional special conditions as necessary in order to protect the public safety and welfare. (d) Any person who refuses or fails to deliver the animal in question shall be subject to a forfeiture of not less than one hundred dollars ($100) nor more than five hundred dollars ($500). Each day such violation continues shall be considered as a separate offense. (4) A humane officer shall, upon seizing any animal, turn the animal over to a facility approved by the Department, who shall hold the animal until claimed by the owner or until directed to euthanize the animal by the humane officer. (5) After any animal has been kept for seven (7) days and the animal's owner cannot be ascertained by the exercise of reasonable diligence, the animal is deemed to be unclaimed and may be disposed of in accordance with Wis. Stat. § 173.23(1m). (6) (a) The owners of all dogs over five (5) months of age are hereby required to place a collar on their dogs. The name and address of the owner of the dog must be plainly stamped on the collar. Any person who removes a dog collar containing name of owner or license number, from a dog, shall be subject to a forfeiture of not less than twenty-five dollars ($25) nor more than fifty dollars ($50). (b) It is unlawful to keep any dog over five (5) months of age without having obtained a license for the dog pursuant to Sec. 9.50 of the Madison General Ordinances. (c) The owner or keeper of a dog shall securely attach the tag issued pursuant to Sec. 9.50(4)(b) of the Madison General Ordinances to a collar and a collar with the tag attached shall be kept on the dog for which the license is issued at all times. (7) Nothing contained in this section shall be construed as in any way changing or modifying the provisions of any other section of these ordinances relating to the keeping of dogs. (Sec. 23.33 Am. by Ord. 9643, Adopted 12-6-88; Am. by ORD-08-00008, 1-24-08; ORD-15-00009, 1-28-15)

Madison General Ordinances § 23.34 MADISON ESTABLISHED AS NUCLEAR FREE ZONE.

23.34 - MADISON ESTABLISHED AS NUCLEAR FREE ZONE. (1) Findings. The Common Council of the City of Madison hereby finds and declares that: (a) Nuclear weapons production, in the United States and in other countries, is draining the world's resources and presenting humanity with an ever-increasing threat of nuclear war. (b) Nuclear weapons development within the City of Madison is in direct conflict with the values of its residents, and the maintenance of their security, health and safety. (Am. by ORD-17-00030, 3-8-17) (c) Madison voters have expressed their strong support for an end to the arms race, voting in 1979 for a transfer of money from the military budget to social programs and in 1982 for a nuclear weapons freeze. (d) An emphatic expression of feeling by local residents and their governments can help initiate steps by the United States and other countries with nuclear weapon power away from the brink of nuclear war. (Am. by ORD-17-00030, 3-8-17) (e) The storage or transportation of high-level radioactive nuclear wastes within or through the City of Madison could pose serious health, safety and environmental risks to the city's residents. (2) Policy. It shall be the policy of the City of Madison that: (a) Madison shall be established as a Nuclear Free Zone. (b) No nuclear weapons, delivery systems for such weapons, or components expressly intended to contribute to the operation, guidance or delivery of a nuclear weapon shall be produced within the city. (c) No waste from the production of nuclear weapons, their components, or commercial nuclear power shall be stored within the city. (d) The City shall request the United States Department of Transportation and the Wisconsin Division of Emergency Government to provide the Mayor with advance notification of any high-level radioactive waste shipment through the city limits. Upon such notification, the City shall act to prevent transportation of high-level radioactive waste through the city by seeking an exemption from preemption by Department of Transportation regulations or using other legal means at its disposal. (3) This Ordinance expresses the policy of the City of Madison. It is not intended to make violations subject to a forfeiture and nothing in this Ordinance shall be construed to prohibit or regulate any activity not specifically described in Subsection (2). (4) Severability. The provisions of this Ordinance shall be severable and if any of the provisions shall be held in contravention of the Constitution and laws of the State of Wisconsin, or of the United States, the validity of the rest of the ordinance shall not be affected. It is hereby declared to be the intent of this Ordinance that the same would have been adopted had such unconstitutional or unlawful provision, if any, not been included herein. (Sec. 23.34 Cr. by Ord. 8169, 12-2-83)

Madison General Ordinances § 23.35 PERMITTING ANIMAL TO CAUSE INJURY.

23.35 - PERMITTING ANIMAL TO CAUSE INJURY. (1) An animal who is off the property of its owner or custodian may not attack, bite or otherwise injure: (a) Any other animal or (b) Any person who is engaged in a lawful activity. (2) Any person who owns or is the custodian of an animal that violates Section (1) shall immediately comply with the following: (a) The animal while off the property where kept, shall be muzzled and leashed at all times. The muzzle must be made in a manner that will not cause injury to the animal but that will prevent it from biting any person or animal. The leash shall be attached to a secure collar that is of sufficient strength to restrain the animal. The leash shall be no longer than four (4) feet in length total and must be secured by and under the direct control and supervision of a competent adult. (b) When outside but still on the property of the owner or caretaker, the animal must be supervised by a competent adult and physically restrained at all times to prevent the animal from leaving the property. An electronic fence or an electronic collar are not considered to be a physical restraint. If the Madison and Dane County Public Health Department determines that the animal may be kept in a secure kennel or pen, hereinafter referred to as "structure", and not under the direct supervision of an adult, the Madison and Dane County Public Health Department may require that the structure be constructed under some or all of the following guidelines: 1. The structure shall be constructed of strong metal fencing to prevent the animal from exiting on its own volition. 2. The structure shall be secure on all sides and have a secure top attached. 3. The structure shall have a secure bottom or floor attached to the sides of the structure or the sides of the structure shall be embedded in the ground no less than two (2) feet. 4. The structure shall be kept locked at all times with a key or combination lock. 5. The structure shall provide adequate light, ventilation and shelter from the environment for the animal. 6. The structure shall be maintained in a clean and sanitary condition. 7. The structure must be in compliance with all other building and zoning ordinances. (3) Any person who owns or is the custodian of an animal that violates this ordinance shall be deemed to have permitted said violation and shall upon conviction be subject to a forfeiture of not more than five hundred dollars ($500). (Am. by ORD-24-00025, 4-26-24) (Cr. by ORD-24-00025, 4-26-24) (Cr. by Ord. 9642, Adopted 12-6-88; R. & Recr. by ORD-07-00027, 3-15-07)

Madison General Ordinances § 23.36 GLASS-FREE ZONE.

23.36 - GLASS-FREE ZONE. There is hereby established a Glass-Free Zone within the City of Madison consisting of all land within the portion of the City described in Section 23.36(1)(c). No person shall possess any glass container on City-owned property within the Glass-Free Zone. This section shall only be operative on the days and during the times established by resolution. (1) Definitions. For purposes of this chapter, the following words or terms have the meaning set forth below: (a) "City-owned Property" means real property owned by the City of Madison, including but not limited to, rights-of-way, streets, sidewalks, alleys, parks, parking lots and buildings. (b) "Glass Container" means a container of any configuration, with a capacity when empty of more than one-half (0.5) ounce, that is made of glass, crystal, ceramic, or any other material likely to shatter when dropped onto or struck by harder material. (c) "Glass-Free Zone" means the portion of the City specifically described in the authorizing resolution. (2) Operative Date And Times. (a) This section shall only be operative on the days and during the times established by resolution. The resolution shall specifically state the date(s), time(s), and geographic boundaries of the Glass-Free Zone. (b) The City Clerk shall cause notice of adoption of the resolution to be made by publication in the same manner as notice is given of the adoption of an ordinance. The notice shall include a diagram setting forth the boundaries of the Glass-Free Zone. (3) Penalty. Enforcement of this chapter shall be done in the least intrusive manner practical under the circumstances. A law enforcement officer may confiscate any glass container possessed in violation of this Ordinance. Any person violating this Ordinance shall be subject to a forfeiture of not less than fifty dollars ($50) nor more than two hundred dollars ($200). (Sec. 23.36 Cr. by Ord. 13,438, 10-7-03)

Madison General Ordinances § 23.37 INTERFERING WITH BREASTFEEDING PROHIBITED

23.37 - INTERFERING WITH BREASTFEEDING PROHIBITED Notwithstanding any other provision of law, a person or their surrogate may breastfeed their child and may express breastmilk in any location, public or private, except the private home or residence of another, where the person or their surrogate and the child are otherwise authorized to be present. Any person who intentionally interferes with a person's or their surrogate's attempts to breastfeed their child or to express breastmilk, except the owner or resident of a private home or residence, shall be subject to a forfeiture of not less than $25.00 nor more than $250.00 for each such violation. (Cr. by ORD-07-00012, 2-2-07)

Madison General Ordinances § 23.38 PURCHASE OR POSSESSION OF CIGARETTES, NICOTINE PRODUCTS OR TOBACCO PRODUCTS BY PERSONS UNDER 18 PROHIBITED.

23.38 - PURCHASE OR POSSESSION OF CIGARETTES, NICOTINE PRODUCTS OR TOBACCO PRODUCTS BY PERSONS UNDER 18 PROHIBITED. (1) Definitions. For the purpose of this section, the definitions found in Wis. Stat. § 134.66(1), shall apply. (2) No person under the age of eighteen (18) years shall buy, attempt to buy, or possess any cigarette, nicotine product, or tobacco product or falsely represent their age for the purpose of receiving any cigarette, nicotine product, or tobacco product, except as provided in Subsection (2). (3) A person under the age of 18 may purchase or possess cigarettes, nicotine products, or tobacco products for the sole purpose of resale in the course of employment during their working hours if employed by a retailer licensed under Wis. Stat. § 134.66(1). (4) No person may purchase cigarettes, nicotine products, or tobacco products on behalf of, or to provide to, any person who is under 18 years of age. (5) A law enforcement officer shall seize any cigarette, nicotine product, or tobacco product that has been sold to and is in the possession of a person under 18 years of age. (6) Exception. A person under 18 years of age, but not under fifteen (15) years of age, may purchase, attempt to purchase or possess cigarettes, nicotine products, or tobacco products in the course of their participation in an investigation under Wis. Stat. § 254.916 that is conducted in accordance with Wis. Stat. § 254.916(3) (7) Any person violating this section shall be subject to a forfeiture of up to five hundred dollars ($500). (Sec. 23.38 Am. by Ord. 10,586, 1-29-93; 8-13-93; ORD-15-00043, 4-29-15)

Madison General Ordinances § 23.39 VACCINATION OF DOGS AND CATS REQUIRED.

23.39 - VACCINATION OF DOGS AND CATS REQUIRED. (Title Am. by Ord. 10,495, 8-28-92) (1) It shall be the duty of any person who owns, harbors or keeps a dog or cat to have such animal inoculated with an anti-rabies vaccine by a veterinarian in accordance with the most recent Compendium of Animal Rabies Vaccine within thirty (30) days after the animal reaches four (4) months of age and revaccinated within one (1) year after initial vaccination. If the owner obtains the dog or cat or brings it into this state after the animal has reached four (4) months of age, the owner shall have the animal vaccinated against rabies within thirty (30) days after the animal is obtained or brought into the state unless the animal has been vaccinated as evidenced by a current certificate of rabies vaccination from this state or another state. The owner of a dog or cat shall have the animal revaccinated against rabies by a veterinarian before the date that the immunization expires as stated on the certificate of vaccination or, if no date is specified, within one (1) year after the previous vaccination. (Am. by Ord. 10,495, 8-28-92) (a) Per Wis. Stat. § 95.21(9)(d), owners may request to exempt their dog or cat from the requirement of a rabies vaccination for one (1) year if a licensed veterinarian determines there is a medical reason that the dog or cat should not be vaccinated. To be exempt from rabies vaccination the owner shall provide to Public Health Madison Dane County a letter from a licensed veterinarian that is signed and dated and contains the following information: 1. The medical reason for the exemption; and 2. The results of a rabies titer which has been completed within the past three (3) years of the letter. The letter from the veterinarian shall be good for one (1) year from the date of the letter. Each licensing year the owner must submit a new letter to receive said exemption. An approved letter shall serve as a rabies certificate. (2) The certificate provided by the veterinarian shall contain provisions for inserting information including name and address of the owner of the dog or cat, date of vaccination, number of dog or cat tag, breed, age, color and sex of dog or cat and such other information as may be required by the Director of Public Health Madison and Dane County. The veterinarian shall provide metal tag to be attached to the collar or harness of the dog or cat as evidence of such inoculation. Such tag shall be numbered and shall contain the year of issuance. The type and form of tags and certificates issued by the veterinarians shall be approved in advance by the Chief of Police and Director of Public Health Madison and Dane County, respectively. (3) It shall be the duty of each veterinarian after inoculating a dog or cat to insert in each certificate the information required thereby, to present one (1) copy to the owner of the dog or cat, to mail or deliver one (1) copy to the Director of Public Health Madison and Dane County within fifteen (15) days after inoculation and to retain the remaining copy or copies. The veterinarian shall also deliver the corresponding tag to the owner of the dog or cat and said owner shall immediately attach the same to the collar or harness of said dog or cat which shall be worn by the dog or cat at all times. Each veterinarian shall, upon request of the Director of Public Health Madison and Dane County, furnish a numbered list of all rabies vaccination certificates issued annually to date. (4) It shall be unlawful to own, harbor or keep any dog or cat which does not carry the tag as provided by sub. (3) hereof or exempted under sub. (1)(a). (Am. by ORD-16-00104, 12-2-16) (5) In addition to the penalties hereinafter provided for violation of Subsection (4), any police officer of the City may impound any such dog or cat which does not carry the tag as provided by sub. (3) hereof. The possession of any dog or cat so impounded or seized may be obtained by payment of a fee of one dollar ($1) and any and all fees for the board of said animals during the time they are impounded provided, however, that said dogs or cats shall not be released until proof has been furnished to the police officer or health officer that the dog or cat has been inoculated with anti- rabies vaccine in accordance with the terms of this Ordinance or exempted under sub. (1)(a). After such dog or cat has been so impounded for a period of seven (7) days without it having been claimed by its owner or anyone in behalf of said owner, said dog or cat shall be destroyed under the direction of a police officer or health officer of the City. Notice of impounding shall be given by the person or officer in the possession of the dog or cat within twenty-four (24) hours of impounding to the owner of the dog or cat if known. (Am. by ORD-16-00104, 12-2-16) (6) Any person, police officer or health officer who shall kill or impound any dog or cat shall make a report to the City Clerk stating when and under what conditions they seized and impounded such dog or cat and the owner's name if known. (Am. by ORD-14-00012, 1-14-14) (7) Any person violating any of the provisions of Subsection (4) of this Ordinance shall be subject to a forfeiture of not less than fifty dollars ($50) nor more than one hundred dollars ($100). (Am. by Ord. 7179, 12-29-80) (Am. by ORD-16-00104, 12-2-16) (Am. by ORD-15-00009, 1-28-15)

Madison General Ordinances § 23.40 ELM TREES INFECTED WITH DUTCH ELM DISEASE OR OAK TREES INFECTED WITH OAK WILT DISEASE OR ASH TREES INFESTED WITH EMERALD ASH BORER A NUISANCE.

23.40 - ELM TREES INFECTED WITH DUTCH ELM DISEASE OR OAK TREES INFECTED WITH OAK WILT DISEASE OR ASH TREES INFESTED WITH EMERALD ASH BORER A NUISANCE. (Title Am. by ORD-09-00115, 8-11-09) (1) Public Nuisances Declared. (a) The Common Council of the City of Madison having determined that the health of the elm trees within the City of Madison is threatened by a fatal disease known as Dutch elm disease Ceratocystis Ulmi (Buisman) hereby declares the following to be a public nuisance: 1. Any living or standing elm tree or part thereof infected with the Dutch elm disease fungus or which harbors any of the elm bark beetles Scolytus mulristriatus (Marsh.) or Hylargophinus rufipes (Eichh.). 2. Any dead elm tree or part thereof, including logs, branches, stumps, firewood or other elm material from which the bark has not been removed and burned or sprayed with an effective elm bark beetle destroying insecticide. (b) The Common Council of the City of Madison having determined that the health of oak trees within the City of Madison is threatened by a fatal disease known as oak wilt disease (Ceratocystis fagacearum) hereby declares the following to be a public nuisance: 1. Any living or standing oak tree or part thereof infected with the oak wilt disease fungus. 2. Any dead oak tree or part thereof, including logs, branches, stumps, firewood or other oak material from which the bark has not been removed. (c) The Common Council of the City of Madison having determined that the health of the ash trees within the City of Madison is threatened by Emerald Ash Borer (Agrilus planipennis), an exotic wood boring beetle that only feeds on ash trees, hereby declares the following to be a public nuisance: 1. Any living or standing ash tree or part thereof infected with or which harbors any of the beetles Emerald Ash Borer (Agrilus planipennis). 2. Any Emerald Ash Borer infested dead ash tree or part thereof, including logs, branches, stumps, firewood or other ash material from which the bark has not been removed and burned. (2) Nuisances Prohibited. No person, firm, or corporation shall permit any public nuisances as defined in Subsection (1) of this Ordinance to remain on any premises owned or controlled by him, her or it within the City of Madison. (3) Inspection. Following receipt of a complaint, the City Forester, or designee, shall inspect or cause to be inspected all premises and places within the City to determine whether any public nuisance as defined in Subsection (1) of this Ordinance exists thereon and shall also inspect or cause to be inspected any elm tree, oak tree or ash tree reported or suspected to be infected with the diseases or insects defined in Subsection (1) of this Ordinance or any elm bark, oak bark or ash bark bearing material reported or suspected to be infested with the diseases or vectors listed in Subsection (1) of this Ordinance. (4) Abatement of Nuisances. (a) If the City Forester, or designee, upon inspection or examination in person or by some qualified person acting for them, shall determine that any public nuisance as herein defined exists in or upon any public street, alley, park or other public place, including the terrace strip between curb and lot line within the City of Madison, they shall: 1. Immediately cause it to be removed and the wood to be debarked, covered or chipped, or 2. Otherwise abate the nuisance in such manner as to destroy or prevent as fully as possible the spread of Dutch elm disease or the insect pests or vectors known to carry such disease fungus, or the spread of oak wilt disease, or the spread of Emerald Ash Borer beetles. (b) If the City Forester, or designee, shall determine within reasonable certainty that any public nuisance as herein defined in Subsection 1 exists in or upon private premises, s/he shall report the existence of such nuisance to the Board of Public Works; the Board shall, if it determines that such nuisance exists, cause notice to be issued to the owner of the lot or parcel of land on which such tree(s) stand or their agent, or if neither is known and there is a tenant or operator, occupying said property then to such tenant or operator, that the Board of Public Works proposes ordering the removal and destruction of such tree(s) as nuisances under this Ordinance. The notice shall specify the general location and number of such tree(s) on the lot or parcel of land, and inform that a hearing will be held before said Board of Public Works for the purpose of ordering the removal and destruction of such tree(s). The notice to the owner, agent or tenant of the property shall be issued at least two (2) weeks prior to the hearing and shall indicate the date, time, and location where the hearing will be held before the Board of Public Works. The notice shall be mailed via first class mail to the property owner's last known address, and a copy shall be served upon the owner or occupant at the property location or may be posted by attaching to the entrance of any dwelling, building or other structure on the premises. After such hearing the City Forester, or designee, subject to the direction of the Board, shall abandon the work or proceed with it as they believe the best interests of the public require. Once the Board of Public Works has ordered the removal and destruction of such tree(s) as nuisances under this Ordinance, in lieu of such removal by the City Forester, or designee, the City Forester, or designee, shall issue a written notice to the owner, agent or tenant or operator of the property to abate such nuisance within a reasonable period of time as specified in the notice. The notice shall include the method(s) by which the property owner, agent, tenant or operator shall abate the nuisance and the proper method(s) of disposal of such trees, and that failure to abate the nuisance as so ordered will result in the City abating the nuisance at the property owner's expense. The notice shall be mailed via first class mail to the property owner's last known address, and a copy shall be served upon the owner or occupant at the property location or may be posted by attaching to the entrance of any dwelling, building or other structure on the premises. (Am. by Ord. 9305, 10-29-87; Ord. 12,684, 9-25-00; Ord. 13,640, 6-23-04; Amd. by ORD-25-00063, 9-25-25) (c) If such owner, agent or tenant or operator does not abate said nuisance within the time limited, the City Forester, or designee, may cause the same to be abated. No damages shall be awarded to the owner for the destruction of any elm trees, elm wood, oak trees, oak wood, ash trees or ash wood or any part thereof pursuant to this section. (Cr. by ORD-09-00115, 8-11-09) (5) Assessment of Costs of Abatement. (a) The entire costs of abating any public nuisance as defined in Subsection (1) of this Ordinance may be chargeable to and imposed as a special charge against the parcel or lot upon which such tree stands. The cost of abating any such nuisance which is located in or upon any park or public grounds, boulevards or public right-of-way shall be borne by the City. (b) The City Forester, or designee, shall keep strict account of the costs of work done under this Ordinance for which special charges are to be made, stating and certifying the description of the land, lots, parts of lots or parcels of land and the amount chargeable to each. The City Forester, or designee, shall include in their report to the Common Council the aggregate amounts chargeable to each lot or parcel as recorded by them and such amounts shall be imposed as special charges against such parcels or lots pursuant to Sec. 4.09(13), MGO. (6) Transporting of Wood Prohibited. No person, firm or corporation shall transport within the City of Madison any bark bearing diseased elm wood or diseased oak wood or Emerald Ash Borer infested ash wood or material without first securing the written permission of the City Forester, or designee. (Am. by Ord. 13,640, 6-23-04) (7) Removal or Pruning of Oak Trees Prohibited. No person, firm or corporation shall remove, trim or prune any oak tree or portion thereof between April 1 and October 15 without first securing the written permission of the City Forester, or designee. (Am. by Ord. 11,012, 10-12-94; Ord. 13,640, 6-23-04; ORD-08-00071, 7-04-08) (8) Interference With City Forester Prohibited. No person, firm or corporation shall prevent, delay or interfere with the City Forester, or designee, or any of their agents or employees while they are engaged in the performance of duties imposed by this Ordinance. (Am. by Ord. 13,640, 6-23-04) (9) Penalty. Any person, firm, or corporation violating any of the provisions of this Ordinance shall upon conviction thereof be subject to a forfeiture of not more than five hundred dollars ($500). Each day such violation continues shall be considered a separate offense. (Am. by Ord. 13,760, 12-14-04) (Am. by Ord. 13,640, 6-23-04) (Am. by Ord. 13,640, 6-23-04) (Am. by Ord. 13,640, 6-23-04) (Sec. 23.40 Am. by Ord. 9001, 11-14-86; ORD-09-00115, 8-11-09)

Madison General Ordinances § 23.41 USE OF DDT SPRAY PROHIBITED.

23.41 - USE OF DDT SPRAY PROHIBITED. It shall be unlawful for any person to place DDT spray on any tree in the City of Madison.

Madison General Ordinances § 23.42 UNLAWFUL REMOVAL OF PARKING TICKETS.

23.42 - UNLAWFUL REMOVAL OF PARKING TICKETS. (1) No person other than the owner or operator thereof shall remove a Notice of Traffic Violation of the Madison Police Department (parking ticket) from a motor vehicle. (2) Any person convicted of a violation of this section shall be subject to a penalty of not less than twenty-five dollars ($25) nor more than two hundred dollars ($200).

Madison General Ordinances § 23.43 UNLAWFUL SHELTERING OF MINORS.

23.43 - UNLAWFUL SHELTERING OF MINORS. (1) No person, organization, agency or corporation shall, unless duly licensed under the Wisconsin Statutes or without having first obtained the permission of the parents or legal guardian of any minor or without first notifying the City of Madison Police Department of the existence of a minor described in Paragraph (a) on premises owned or operated by or under the control of such person, organization, agency or corporation: (a) By any means conceal or shelter, or assist in the concealing or sheltering of any minor under the age of eighteen (18) years while the minor is under the legal custody of the parents or legal guardian and while the minor is on report with any law enforcement agency as a "missing person", a "runaway", or a "wanted" person; or (b) Supply false information to or obstruct any police officer in the performance of her/his duty to locate or to take into custody any minor described in this section. (2) Any person, organization, agency or corporation violating any provision of this section shall be subject to a forfeiture of not less than twenty-five dollars ($25) nor more than five hundred dollars ($500). (Am. by Ord. 13,760, Adopted 12-14-04)

Madison General Ordinances § 23.44 CONSUMER TO BE OFFERED SELECTION OF CONTAINERS.

23.44 - CONSUMER TO BE OFFERED SELECTION OF CONTAINERS. (1) After July 1, 1971, it shall be unlawful for any person, firm or corporation licensed by the City of Madison pursuant to Chapter 125 of the Wisconsin Statutes to sell, dispense or give away fermented malt beverages or soda water beverages within the City of Madison in any container of metal, glass, plastic or other nondegradable material unless said licensed person, firm or corporation offers for sale fermented malt beverages or soda water beverages in returnable, reusable containers. (Am. by Ord. 8635, 7-19-85) (2) After six (6) months following the date of adoption of this Ordinance, it shall be unlawful for any person, firm or corporation to sell, dispense or otherwise distribute at retail fluid milk products, including skim or skimmed, 1%, 2% or whole milk, whether fortified, homogenized or pasteurized, within the City of Madison in any container of a nonrefillable design equal to or greater than one gallon fluid volume, unless said person, firm or corporation offers for sale said fluid milk products in returnable, refillable, reusable containers. Offering of each of said milk products, such as 1% milk, in at least one size of returnable container such as one gallon, regardless of product brand, shall be deemed compliance hereunder as long as sufficient quantities are offered. (Sec. 23.44 Am. by Ord. 5920, 7-29-77)

Madison General Ordinances § 23.45 TRUANCY AND HABITUAL TRUANCY.

23.45 - TRUANCY AND HABITUAL TRUANCY. (1) It shall be unlawful for any person in the City of Madison to be a truant or to be a habitual truant. (2) Definitions. (a) "Acceptable excuse" has the meaning given that term in Secs. 118.15 and 118.16(4), Wis. Stats. (b) "Habitual truant" means a pupil who is absent from school without an acceptable excuse for part or all of 5 or more days on which school is held during a school semester. (c) "Operating privilege" has the meaning given in Sec. 340.01, Wis. Stats. (d) "Truant" means a pupil who is absent from school without an acceptable excuse for part or all of any day on which school is held during a school semester. (3) Dispositions and Sanctions In A Case Where a Child Is Adjudged To Be A Truant. (a) Dispositions. If a person under the age of 18 is adjudged to be a truant, the municipal court may enter one or more of the following dispositions: 1. An order for the person to attend school. 2. A forfeiture of not more than $50 plus costs for a first violation, or a forfeiture of not more than $100 plus costs for any 2nd or subsequent violation committed within 12 months of a previous violation, subject to Sec. 938.37, Wis. Stats. and subject to a maximum cumulative forfeiture amount of not more than $500 for all violations committed during a school semester. All or part of the forfeiture plus costs may be assessed against the person, the parents or guardian of the person, or both. (b) Sanctions for Violation of Dispositional Order. If the court finds that a person violates a condition of their dispositional order under sec. 23.45(3), MGO, the court may impose as a sanction on the person, any combination of the following, if at the time of judgment the court explained the conditions to the person and informed the person of those possible sanctions: 1. Suspend the person's operating privilege, as defined in sec. 340.01(40), for not less than 30 days nor more than one year. If the person does not hold a valid operator's license under ch. 343, other than an instruction permit under sec. 343.07 or a restricted license under sec. 343.08, on the date of the order issued under this subsection, the court may order the suspension or limitation to begin on the date that the operator's license would otherwise be reinstated or issued after the person applies and qualifies for issuance or 2 years after the date of the order issued under this subsection, whichever occurs first. If the court suspends the person's operating privilege or an approval issued under ch. 29, the court shall immediately take possession of the suspended license or approval and forward it to the department that issued the license or approval with a notice stating the reason for and the duration of the suspension. 2. An order for the person to participate in counseling or a supervised work program or other community service work as described in Wis. Stat. § 938.34(5g). The cost of any such counseling, supervised work program or other community service work may be assessed against the person, the parents or guardian of the person, or both. Any county department of human services or social services, community agency, public agency or nonprofit charitable organization administering a supervised work program or other community service work to which a person is assigned pursuant to an order under this paragraph acting in good faith has immunity from civil liability in excess of $25,000 for any act or omission by or impacting on that person. 3. An order for the person to remain at home except during hours in which the person is attending religious worship or a school program, including travel time required to get to and from the school program or place of worship. The order may permit a person to leave their home if the person is accompanied by a parent or guardian. 4. An order for the person to attend an educational program as described in Wis. Stat. § 938.34(7d). 5. An order for the department of workforce development to revoke, under Wis. Stat. § 103.72, a permit under Wis. Stat. § 103.70, authorizing the employment of the person. 6. An order for the person to be placed in a teen court program as described in Wis. Stat. § 938.342(1g)(f). 7. An order for the person to attend school. 8. A forfeiture of not more than $500 plus costs, subject to Wis. Stat. § 938.37. All of part of the forfeiture plus costs may be assessed against the person, the parents or guardian of the person, or both. 9. Any other reasonable conditions consistent with this subsection, including a curfew, restrictions as to going to or remaining on specified premises and restrictions on associating with other children or adults. 10. An order placing the person under formal or informal supervision, as described in Wis. Stat. § 938.34(2), for up to one year. 11. An order for the person's parent, guardian or legal custodian to participate in counseling at the parent's, guardian's or legal custodian's own expense or to attend school with the person, or both. (4) Dispositions and Sanctions in a Case Where a Child is Adjudged to be an Habitual Truant. (a) Dispositions. If a person under the age of 18 is adjudged to be an habitual truant, the municipal court may enter one or more of the following dispositions: 1. Suspension of the person's operating privilege for not less than 30 days nor more than one year. The court shall immediately take possession of any suspended license and forward it to the department of transportation together with a notice stating the reason for and the duration of the suspension. 2. An order for the person to participate in counseling or a supervised work program or other community service work as described in Wis. Stat. § 938.34(5g). The cost of any such counseling, supervised work program or other community service work may be assessed against the person, the parents or guardian of the person, or both. Any county department of human services or social services, community agency, public agency or nonprofit charitable organization administering a supervised work program or other community service work to which a person is assigned pursuant to an order under this paragraph acting in good faith has immunity from any civil liability in excess of $25,000 for any act or omission by or impacting on that person 3. An order for the person to remain at home except during hours in which the person is attending religious worship or a school program, including travel time required to get to and from the school program or place of worship. The order may permit a person to leave his or her home if the person is accompanied by a parent or guardian. 4. An order for the person to attend an educational program as described in Wis. Stat. § 938.34(7d). 5. An order for the department of workforce development to revoke, under Wis. Stat. § 103.72, a permit under Wis. Stat. § 103.70, authorizing the employment of the person. 6. An order for the person to be placed in a teen court program as described in Wis. Stat. § 938.342(1g)(f). 7. An order for the person to attend school. 8. A forfeiture of not more than $500 plus costs, subject to Sec. 938.37, Wis. Stats. All or part of the forfeiture plus costs may be assessed against the person, the parents or guardian of the person, or both. 9. Any other reasonable conditions consistent with this subsection, including a curfew, restrictions as to going to or remaining on specified premises and restrictions on associating with other children or adults. 10. An order placing the person under formal or informal supervision, as described in Wis. Stat. § 938.34(2), for up to one year. 11. An order for the person's parent, guardian or legal custodian to participate in counseling at the parent's, guardian's or legal custodian's own expense or to attend school with the person, or both. (b) Sanctions for Violation of Dispositional Order. If the court finds that a person violates a condition of his or her dispositional order under Sec. 23.45(4), MGO, the court may impose as a sanction on the person, any of the following: 1. Suspension or limitation on the use of the person's operating privilege as defined under Sec. 340.01(40), or of any approval issued under ch. 29 for not more than one year. If the person does not hold a valid operator's license under ch. 343, other than an instruction permit under sec. 343.07 or a restricted license under sec. 343.08, on the date of the order issued under this subsection, the court may order the suspension or limitation to begin on the date that the operator's license would otherwise be reinstated or issued after the person applies and qualifies for issuance or 2 years after the date of the order issued under this subsection, whichever occurs first. If the court suspends the person's operating privilege or an approval issued under ch. 29, the court shall immediately take possession of the suspended license or approval and forward it to the department that issued the license or approval with a notice stating the reason for and the duration of the suspension. 2. Counseling or participation for not more than 25 hours in a supervised work program or other community service work under sec. 938.34(5g). 3. Detention in the person's home or current residence for a period of not more than 30 days except during hours which the person is attending religious worship or a school program, including travel time required to get to and from the place of worship or school program. The order may permit a person to leave their home or current residence if they are accompanied by a parent guardian. 4. The court may petition the court assigned to exercise jurisdiction under ch. 938 and ch. 48 to impose on the person the sanction specified in 938.355(6m)(a)1g. if, at the time of the judgment the court explained the conditions to the person and informed the person of that possible sanction for a violation. 5. An order for the person to attend an educational program as described in Wis. Stat. § 938.34(7d). 6. An order for the department of workforce development to revoke, under Wis. Stat. § 103.72, a permit under Wis. Stat. § 103.70, authorizing the employment of the person. 7. An order for the person to be placed in a teen court program pursuant to Wis. Stat. § 938.342(1g)(f). 8. An order for the person to attend school. 9. A forfeiture of not more than $500 plus costs, subject to Wis. Stat. § 938.37. All or part of the forfeiture plus costs may be assessed against the person, the parents or guardian of the person, or both. 10. Any other reasonable conditions consistent with this subsection, including a curfew, restrictions as to going to or remaining on specified premises and restrictions on associating with other children or adults. 11. An order placing the person under formal or informal supervision, as described in Wis. Stat. § 938.34(2), for up to one year. 12. An order for the person's parent, guardian or legal custodian to participate in counseling at the parent's, guardian's or legal custodian's own expense or to attend school with the person, or both. (5) Exception for Habitual Truants. (a) A person incurs no liability under this Ordinance if appropriate personnel of the school or school district in which the child is enrolled have not, within one year prior to the commencement of prosecution under this Ordinance, done all of the following: 1. Met with the child's parent or guardian to discuss the child's truancy, or attempted to meet with the child's parent or guardian and received no response or were refused; 2. Provided an opportunity for educational counseling to the child to determine whether a change in the child's curriculum would resolve the child's truancy and considered curriculum modifications under Wis. Stat. § 118.15(1)(d); 3. Evaluated the child to determine whether learning problems may be a cause of the child's truancy and, if so, have taken steps to overcome the learning problems except that the child need not be evaluated if tests administered to the child within the previous year indicate that the child is performing at their grade level; and 4. Conducted an evaluation to determine whether social problems may be a cause of the child's truancy and, if so, have taken appropriate action or made appropriate referrals. (b) Paragraph (5)(a)1. of this section does not apply if a meeting under Wis. Stat. § 118.16(2)(cg)(3), is not held within 10 school days after the date that the notice under subsection (2)(cg) is sent. (c) Paragraphs (5)(a)2., 3. and 4. of this section do not apply if the school attendance officer provides evidence that appropriate school personnel were unable to carry out the activity due to the child's absences from school. (6) References to Statutes. References to specific statutory sections wherever used in this Ordinance shall mean the Wisconsin Statutes of 1987-88 as from time to time amended, modified, repealed or otherwise altered by the State Legislature. (7) Severability. If any section or part of this Ordinance is adjudged unconstitutional or invalid by any court of competent jurisdiction, the validity of the remainder of this Ordinance shall not be affected thereby and shall be in full force and effect as if the said unlawful section or sections were not originally a part hereof. (8) The court shall report by January 31 of each year to the Public Safety Review Committee, the Education Committee and Common Council on the number and dispositions of truancy cases referred to it. The Common Council shall request similar information from the Madison Metropolitan School District no later than January 31 of each year regarding the number of truants and frequency of use of this Ordinance. (Am. by Ord. 13,113, 8-2-02; ORD-09-00052, Pub. 4-2-09, Eff. 8-1-09; ORD-12-00074, 6-20-12) (9) The Madison Metropolitan School District shall continue to monitor the truancy process to determine the effect of truancy citations and the possibility of a driver's license suspension on school attendance. The District shall report its findings in an annual "Truancy Report" which shall be submitted to the Common Council and made available to the public. (Am. by Ord. 10,682, 6-25-93) (Sec. 23.45 Cr. by Ord. 10,181, 1-17-91; Am. by Ord. 12,525, 1-21-00)

Madison General Ordinances § 23.46 UNAUTHORIZED PRESENCE ON SCHOOL PROPERTY PROHIBITED.

23.46 - UNAUTHORIZED PRESENCE ON SCHOOL PROPERTY PROHIBITED. (1) It shall be unlawful for any student who is under suspension, expulsion, exemption or other discipline excluding them from attending school under the jurisdiction of the Madison Board of Education, or for any person, not a student presently enrolled to attend school under the jurisdiction of the Madison Board of Education or not an employee of said Madison Board of Education or not a parent or guardian of a student so enrolled or not an otherwise "authorized person" to be present within any school building or upon any school grounds under the jurisdiction of said School Board without having first secured authorization to be there from the principal or other person in charge of said school building or school grounds, except while in direct route to secure said authorization. "Authorized person" shall include any person who is present at any school building or school grounds for any purpose previously authorized by the Board of Education or its designee. (Am. by ORD-14-00012, 1-14-14) (2) Any person shall, upon request of the principal or other person in charge of any school building or upon any school grounds under the jurisdiction of said School Board, or upon request of any police officer, display any written authorization to be present which they may have, in their possession or otherwise explain their presence or their status as such student, employee, parent or guardian, or "authorized person" referred to in Subsection (1) hereof. (Am. by ORD-14-00012, 1-14-14) (3) All entrances to the school buildings referred to in Subsection (1) hereof shall be posted with a notice stating "Entry into School Building by Unauthorized Persons Prohibited." All school grounds referred to in Subsection (1) hereof shall be posted with a notice stating "Entry Upon School Grounds by Unauthorized Persons Prohibited." (4) Penalty. Any person who shall violate any of the provisions of this section shall upon conviction be subject to a forfeiture of not less than ten dollars ($10) nor more than five hundred dollars ($500) for each offense. (5) This Ordinance shall only apply to property under the jurisdiction of the Madison Board of Education within the jurisdictional limits of the City of Madison.

Madison General Ordinances § 23.47 VIOLATION-BASED SPAYING AND NEUTERING OF DOGS.

23.47 - VIOLATION-BASED SPAYING AND NEUTERING OF DOGS. (1) Purpose. The City has experienced an overwhelming incident of unaltered dogs running at large and causing injury to other animals and residents. These unaltered dogs running at large are at greatest risk for unwanted litters that in turn contribute to pet overpopulation and overcrowding at rescue shelters. Unaltered animals exhibit hormone induced aggression that may increase incidents of attacks. Altering a dog that has a history or running at large or acting aggressive will potentially lower the risk of further running at large incidents and further incidents of aggression. Altering these aggressive animals will also prevent the possibility of aggressive traits being based on by breeding of these animals. (Am. by ORD-17-00030, 3-8-17) (2) Public Health Madison and Dane County may order any dog to be spayed or neutered within thirty (30) days of receiving notification of any of the following incidents: (a) A dog found running at large in violation of Sec. 23.31, on three (3) separate occasions; (b) A dog acting aggressively and running at large in violation of Sec. 23.31; (c) A dog that has caused injury to a person or another animal in violation of Sec. 23.35; or (d) A dog that has caused injury to a person on the owner's property. (3) Any person who fails to comply with an order to spay or neuter a dog under sub. (2) shall be subject to a forfeiture of up to two thousand dollars ($2,000). Each and every day of violation may be considered a separate offense. (Cr. by ORD-14-00183, 12-10-14; Am. by ORD-15-00009, 1-28-15)

Madison General Ordinances § 23.48 PUBLIC UTILITIES TO PROVIDE NOTICE OF PROPOSED SERVICE DISCONNECTIONS.

23.48 - PUBLIC UTILITIES TO PROVIDE NOTICE OF PROPOSED SERVICE DISCONNECTIONS. (1) It shall be unlawful for any public utility as defined in Wis. Stat. § 196.01(1), except telephone public utilities, to disconnect any residential utility service in the City of Madison unless said utility has complied with the following requirements. (a) A public utility shall not disconnect or interrupt service to residential customers unless the utility first notifies the customer in writing of its intent to disconnect or interrupt such service. This provision shall not apply in the case of: 1. Emergency repairs, or 2. Violation of the utility rules pertaining to the use of service in a manner which interferes with the services of others, or to the operation of nonstandard equipment, if the customer has been first notified and provided with reasonable opportunity to remedy the situation. (b) Such notice shall be at least five (5) business days in advance of the proposed disconnecting or interruption of service. (c) Such notice shall include in bold face type, and set forth conspicuously, the following statement: "City of Madison residents may notify the Director of Public Health Madison and Dane County, Room 507, City-County Building, telephone 266-4840, who has the authority to declare a medical emergency if disconnection of service would result in a serious threat to the health, safety or well-being of any resident of your premises." (2) In determining what constitutes a serious threat to health, safety or well-being, the Director of Public Health Madison and Dane County shall consider the following criteria; but these shall not be considered exclusive thereto: (a) Individual medical histories and characteristics of residents facing disconnection of said utility services. (b) The effect of the lack of heat, light, hot water, cooking capability and refrigeration capability on residents facing disconnection of said utility services. (c) Any other factors in the individual disconnection case which would seriously threaten a resident's health, safety or well-being. (3) A utility shall postpone the disconnection of service for twenty-one (21) days if the Director of Public Health Madison and Dane County determines that there is or could be a serious threat to the health, safety or well-being to any person facing disconnection of said utility service, and they have notified the utility concerned that said disconnection shall be postponed for a period of time not to exceed twenty-one (21) days. The postponement may be extended once by renewal of the notice by the Director of Public Health Madison and Dane County. (Am. by ORD-14-00012, 1-14-14) (4) The Director of Public Health Madison and Dane County shall report all cases where a postponement has been issued to the Director of Social Services. (Am. by Ord. 7127, 10-23-80) (Am. by ORD-15-00009, 1-28-15)

Madison General Ordinances § 23.49 POSSESSION OF EXOTIC OR WILD ANIMALS.

23.49 - POSSESSION OF EXOTIC OR WILD ANIMALS. (1) Definitions. "Circus" means a scheduled event staged by a traveling company with mobile facilities in which entertainment consisting of a variety of performances by acrobats, clowns or trained animals is the primary attraction or principle business. "Exotic Animal" means any animal that is not normally domesticated in the United States or is wild by nature. "Person" means an individual, partnership, firm, joint stock company, corporation, association, trust, estate, or other legal entity. "Possess" means to own, control, restrain, transport, or keep. "Public zoo or aquarium" means a zoo or aquarium that is operated by the state or city or that is an accredited member of the American Zoo and Aquarium Association. "Veterinarian" means a person who is licensed in this state to practice veterinary medicine under Wis. Stats. Chap. 453 and who is certified under rules promulgated by the department of agriculture, trade and consumer protection. "Wild Animal" means any of the following animals, whether bred in the wild or in captivity, and also any of their hybrids with domestic species. The animals listed in parentheses are intended to act as examples and are not to be construed as an exhaustive list or limit the generality of each group of animals, unless otherwise specified. (a) Nonhuman primates and prosimians (chimpanzees, monkeys); (b) Felids, except domesticated cats; (c) Canids (wolf, coyotes, foxes) except domesticated dogs; (d) Prairie dogs; (Am. by Ord. 13,380, 8-2-03) (e) Elephants; (f) Crocodilians (alligators, crocodiles); (g) Marsupials (kangaroos, opossums) except sugar gliders; (Am. by ORD-13-00012, 1-30-13) (h) Ungulates (hippopotamus, rhinoceros); (i) Hyenas; (j) Mustelids (skunks, otters, badgers) except ferrets; (k) Procyonids (raccoons, coatis); (l) Dasypodidae (anteaters, sloth, armadillos); (m) Viverrids (mongooses, civets, genets); (n) Reptilia over ten (10) feet in length (boa constrictors, pythons); (o) Venomous reptilia. (2) Intent and Purpose. The Common Council of the City of Madison hereby finds that wild animals are inherently dangerous and do not adjust well to captive environment. It is the intent of the Common Council to protect the public against health and safety risks that wild animals pose and hereby prohibit the possession of wild animals within the City of Madison. (3) It shall be unlawful for any person to possess, sell or purchase an exotic or wild animal. (4) Exceptions. The following persons or entities may possess exotic or wild animals: (a) A person licensed by the State under Wis. Stats. Chap. 169. (b) A veterinarian, for the purpose of providing medical treatment to wild animals. (c) A public zoo or aquarium. (d) A circus. (e) A person authorized by the Department of Natural Resources. (5) Penalties. Any person convicted of a violation of this section shall be subject to a forfeiture of not more than five hundred dollars ($500). (Cr. by Ord. 13,328, 5-28-03)

Madison General Ordinances § 23.50 SALE OF CERTAIN TURTLES PROHIBITED.

23.50 - SALE OF CERTAIN TURTLES PROHIBITED. (1) Turtles Declared a Danger to the Public Health and Welfare and Against Public Policy. Recently turtles have been found to be a source of salmonella infection of people and as a result they are hereby declared to be a danger to the public health and welfare and against public policy (2) Unlawful to Sell, Dispense, Give Away, or Deal in Turtles. No person, firm or corporation shall commercially sell, dispense, give away or deal in any red ear slider (Pseudemys scripta elegans), baby maps (Graptemys geographica) or baby southern painted (Chrysemys picta dorsals) turtles to any other person. This subsection shall not apply to a governmental agency using turtles for display or research purposes.

Madison General Ordinances § 23.51 PLAYING GOLF ON SCHOOL PROPERTY PROHIBITED.

23.51 - PLAYING GOLF ON SCHOOL PROPERTY PROHIBITED. (1) It shall be unlawful for any person to play golf, hit a golf ball or cause a golf ball so hit to land upon any school grounds under the jurisdiction of the Madison Board of Education except when participating in a course of instruction under the jurisdiction of the Madison Board of Education. (2) This section shall only apply to property under the jurisdiction of the Madison Board of Education within the jurisdictional limits of the City of Madison. (3) Penalty. Any person who shall violate any of the provisions of this section shall, upon conviction, be subject to a forfeiture of not less than ten dollars ($10) nor more than one hundred dollars ($100) for each offense. (Section 23.51 Cr. by Ord. 4665, 8-5-74)

Madison General Ordinances § 23.52 SECURITY CAMERAS AT CONVENIENCE STORES.

23.52 - SECURITY CAMERAS AT CONVENIENCE STORES. (1) Definitions. "Convenience Store" shall mean an establishment where motor fuel products or other minor accessories are retailed directly to the public on the premises, in combination with the sale of items typically found in a convenience market or supermarket. "Lighting" shall mean sufficient lighting to ensure that the security camera is able to produce discernable images, including imagery sufficient to identify persons. "Security camera" shall mean a high resolution camera that can produce reproducible digital color images and shall display a date and time stamp on each image and that has an image quality of at least fifty (50) pixels per foot and a recorded resolution of 1280 x 720. (2) All owners of convenience stores shall maintain and operate security cameras during all hours the convenience store is open to customers. Subject to all other ordinances regulating lighting, owners of convenience stores must maintain adequate lighting to ensure that the security camera captures a clear, identifiable image. Security cameras shall be located at all of the following locations: (a) At least one security camera shall be positioned to capture an overview of each transaction counter and register area; (b) At least one security camera shall be positioned to capture a clear, identifiable full-frame image of an individual's face as they enter or exit the convenience store; and (c) At least one security camera shall be positioned to capture the general area surrounding any fuel area to capture an image which identifies the operator and the vehicle. (3) Storage and Preservation of Records. All digital video records from security cameras must be recorded at a rate of at least fifteen (15) frames per second and stored and maintained in good viewing order for fifteen (15) days after capturing an image. The digital video recorder must be capable of exporting exact duplicates of their recordings to a standard removable media format (e.g. CD, DVD, Flash Drive). When requested by the Madison Police Department, the convenience store owner shall insure that requested record is stored and maintained adequately until retrieved by the Madison Police Department. The convenience store owner shall insure that they are adequate staff trained in the retrieval of digital video records to appropriately respond to a request for said record. (4) Notice. All convenience store owners shall conspicuously post a sign at all entrances and exits (excluding emergency exits and employee-only entrances). The sign must contain at least the following language, in lettering that shall be bold and a minimum of two (2) inches in height: VIDEO RECORDING EQUIPMENT IN USE. YOU MAY BE RECORDED. (5) Penalty. Whoever violates any provision of this Ordinance shall be subject to a penalty of not less than one hundred dollars ($100) and not more than one thousand dollars ($1,000). Each and every day that a violation exists shall constitute a separate offense. (Cr. by ORD-18-00042, 4-23-18)

Madison General Ordinances § 23.53 TELEPHONE NUMBER TO BE ON UNATTENDED VENDING MACHINES.

23.53 - TELEPHONE NUMBER TO BE ON UNATTENDED VENDING MACHINES. The owner or licensee shall securely affix or cause to be affixed, in a conspicuous place within view of persons using each unattended vending machine, a notice bearing a telephone number to call in case of complaint or emergency. "Vending machine" in this section means any machine or device that upon the insertion of a coin or slug, or which by any automatic attachment, vends merchandise or service of any kind or character, including but not limited to, food or beverage dispensing machines and all machines in unattended laundromats. Any person convicted of a violation of this section may be subject to a forfeiture of not less than twenty dollars ($20) nor more than forty dollars ($40). (Am. by Ord. 6097, 1-6-78)

Madison General Ordinances § 23.54 RETAIL THEFT, THEFT OF SERVICES.

23.54 - RETAIL THEFT, THEFT OF SERVICES. (1) Definitions. In this section: (a) "Intentionally" has the meaning designated in Wis. Stat. § 939.23(3). (b) "Merchandise" means a service provided by a service provider or one or more items of property with a total retail value of $.01 through $200 exclusive of sales tax. (c) "Merchant" has the meaning designated in Wis. Stat. § 402.104(3), and includes any innkeeper, motelkeeper or hotelkeeper as defined in Wis. Stat. § 50.50. (d) "Peace officer" has the meaning designated in Wis. Stat. § 939.22(22). (e) "Property" means one or more items of merchandise with a total retail value of $.01 through $200 exclusive of sales tax. (f) "Service provider" means a merchant who provides a service to retail customers without a written contract with the expectation that the service will be paid for by the customer upon completion of the service. (g) "Transfer" has the meaning designated in Wis. Stat. § 939.22(40). (h) "Value of merchandise" has the meaning designated in Wis. Stat. § 943.50(1)(b). (i) "With intent to" has the meaning designated in Wis. Stat. § 939.23(4). (j) "Without consent" has the meaning designated in Wis. Stat. § 939.22(48). (2) Any person who does any of the following may be penalized as provided in Subsection (9): (a) Intentionally alters indicia of price or value of merchandise of a merchant without the merchant's consent and with intent to deprive the merchant of possession, or the full purchase price, of the merchandise. (b) Takes or carries away, transfers, conceals, or retains possession of property of the merchant or merchandise held for resale by the merchant without the merchant's consent and with intent to deprive the merchant permanently of possession, or the full purchase price, of the merchandise. (c) Having obtained a service from a service provider, they, without the service provider's consent and with intent to deprive the service provider permanently of the full price of the service, absconds and intentionally fails or refuses to pay for the service. (3) The intentional concealment of unpurchased merchandise which continues from one floor to another or beyond the last station for receiving payments in a merchant's store is evidence of intent to deprive the merchant permanently of possession of such merchandise without paying the purchase price thereof. (4) The discovery of unpurchased merchandise concealed upon the person or among the belongings of such person or concealed by a person upon the person or among the belongings of another is evidence of intentional concealment on the part of the person so concealing such goods. (5) A merchant or service provider, a merchant's or service provider's adult employee, or a merchant's or service provider's security agent who has reasonable cause to believe that a person has violated this Ordinance in their presence may detain, within or at the merchant's or service provider's place of business where the suspected violation took place, the person in a reasonable manner for a reasonable length of time to deliver the person to a peace officer. The detained person must be promptly informed of the purpose for the detention and be permitted to make phone calls, but they shall not be interrogated or searched against their will before the arrival of a peace officer who may conduct a lawful interrogation of the accused person. The merchant, merchant's adult employee, or merchant's security agent may release the detained person before the arrival of a peace officer. (6) A merchant or service provider, a merchant's or service provider's adult employee, or a merchant's or service provider's security agent is privileged to defend property as set forth in Wis. Stat. § 939.50. Any merchant, or service provider, or merchant's or service provider's adult employee, or merchant's or service provider's security agent who acts in good faith in any act authorized under Subsection (5) is immune from civil or criminal liability for those acts. (7) Pursuant to Wis. Stat. §§ 66.0107 and 943.50(3m)(a), in any action or proceeding for violation of this Ordinance, duly identified and authenticated photographs of merchandise which was the subject of the violation may be used as evidence in lieu of producing the merchandise. (8) Severability. If any section or part of this Ordinance is adjudged unconstitutional or invalid by any court of competent jurisdiction, the validity of the remainder of this Ordinance shall not be affected thereby and shall be in full force and effect as if said unlawful section was not originally a part hereof. (9) Penalties. (a) Any person violating any section of this Ordinance shall be subject to a forfeiture of not less than fifty dollars ($50) nor more than five hundred dollars ($500), exclusive of costs. (b) Any person violating any section of this Ordinance may be subject to restitution as set forth in Wis. Stat. § 800.093. (Sec. 23.54 Cr. by Ord. 10,980, 9-14-94; Am. by ORD-12-00036, 3-28-12)

Madison General Ordinances § 23.55 PARTY TO A RETAIL THEFT.

23.55 - PARTY TO A RETAIL THEFT. (1) Retail theft is a violation found under Sec. 23.54, MGO. It shall be unlawful to be a party to a retail theft violation. (2) A person is considered a party to retail theft if the person: (a) Intentionally aids and abets the commission of the retail theft; or (b) Is a party to a conspiracy with another to commit the retail theft or advises, hires, counsels or otherwise procures another to commit the retail theft. (3) Pursuant to Wis. Stat. §§ 66.0107 and 943.50(3m)(a), in any action or proceeding for violation of this Ordinance, duly identified and authenticated photographs of merchandise which was the subject of the violation may be used as evidence in lieu of producing the merchandise. (4) Penalties. (a) Any person violating this section shall be subject to a forfeiture of not less than fifty dollars ($50) nor more than five hundred dollars ($500), exclusive of costs. (b) Any person violating this Ordinance may be subject to restitution as set forth in Wis. Stat. § 800.093. (Sec. 23.55 Cr. by ORD-11-00107, 8-10-11)

Madison General Ordinances § 23.56 PRIVATE PARKING ENFORCEMENT REGULATED.

23.56 - PRIVATE PARKING ENFORCEMENT REGULATED. (1) It shall be unlawful for any private parking enforcement service or any representative, agent, or any employee of a private parking enforcement service to immobilize, or permit to be immobilized, a vehicle without strict adherence to the requirements set forth in this section. (2) Definitions used in this Section: (a) "Immobilization device" means any device, mechanical or otherwise, which makes a motor vehicle inoperable or unable to be moved without causing damage to the vehicle. (b) "Parking area" means an area used for parking that is not on a highway. (c) "Operator" has the meaning given in Sec. 340.01(41), Wis. Stats. (d) "Parking enforcer" means a person who enforces restrictions against unauthorized parking. The term includes a person who owns or operates a parking area and any employees or agents of an owner or operator regardless of whether they have obtained a City of Madison "Parking Enforcer's License". However, this term does not include government agencies or government employees who are acting in their official capacities. (e) "Removal fee" means a fee charged by a parking enforcer to remove an immobilization device, including any amounts imposed for parking in violation of a restriction against unauthorized parking. (f) "Unauthorized parking" means parking a motor vehicle in a parking area contrary to a sign posted under Sec. 346.55(4), Wis. Stats. (3) The owner or operator of a parking area in which immobilization devices may be used shall post and maintain in a manner that is clearly visible to operators entering the parking area a sign at each vehicular entrance to the parking area. At least one additional sign shall be posted for every 10 parking spaces in the parking area, all such signs to be at least 12 inches by 18 inches in size and to clearly indicate all of the following: (a) That unauthorized parking is prohibited in the parking area. (b) That an immobilization device may be used in the parking area to enforce restrictions against unauthorized parking. (c) Whether a removal fee will be charged to remove an immobilization device and, if so, the amount of the fee. (4) Before using an immobilization device a parking enforcer shall: (a) Notwithstanding Sec. 346.94(4), Wis. Stats., at the time of immobilization of a motor vehicle, place a sequentially numbered written notice in a reasonably secure manner on the motor vehicle that clearly states all of the following: 1. The name of the parking enforcer and a telephone number that a person may call to request the removal of the immobilization device. 2. The amount of the removal fee, if any. 3. The terms of the deferral agreement described in Subsec. (9)(b). 4. All of the information required by Subsections (6)(b)1.—6. (b) Have a person available 24 hours a day either at the parking area or at the telephone number shown on the notice described in par. (a)1. to take requests for removal and to remove the immobilization device. (5) A representative, agent, or any employee of a private parking enforcement service shall respond to the location of the immobilized vehicle of an owner or operator who has requested that any immobilization device utilized by that private parking enforcement service be removed from that vehicle within sixty minutes of that request, or within ten (10) minutes of a request made by an employee of the Madison Police Department or Department of Transportation acting in their official capacity. (Am. by Ord. 12,041, 3-2-98; Am. by ORD-23-00097, 10-26-23) (6) Upon responding to a request for service pursuant to Subsection (5), a representative, agent, or employee of a private parking enforcement service shall remove any immobilization device from the vehicle of the operator or owner requesting said service without undue delay. However, before removing an immobilization device a parking enforcer shall: (a) Display prominently an identification card that identifies that person as a parking enforcer and that contains a photograph of that person. (b) Inform the owner, lessee or operator of the motor vehicle, orally and in writing, before removing an immobilization device, of all of the following: 1. If a removal fee is charged, that the owner, lessee or operator is required either to pay the removal fee or to sign a deferral agreement described in Subsection (9)(b). 2. That a parking enforcer may commence legal action to collect any removal fee that has not been paid within 14 days after the removal of an immobilization device. 3. That the owner, lessee or operator of an immobilized motor vehicle may contest the propriety of the use of an immobilization device on their motor vehicle or the validity of a removal fee using the process described in Sec. 23.565 and may contest any legal action commenced to collect a removal fee. 4. That, except for the payment of the removal fee or the signing of a deferral agreement, no person may be required to do anything to have an immobilization device removed. 5. That, if a parking enforcer uses an immobilization device on a motor vehicle that is not parked in violation of a restriction against unauthorized parking, the owner, lessee or operator shall not be required to pay a removal fee and the parking enforcer shall be liable to the owner or lessee of the motor vehicle for an amount equal to the removal fee. 6. Such notice must include the name of the private parking enforcement service and a telephone number for the immobilized vehicle operator or owner to call to request that any immobilization device be removed from the vehicle. 7. Any person signing a deferral agreement as described in Subsec. (9)(b) shall be immediately provided with a copy of the appeals form described in Sec. 23.565(1). (c) It shall not be a requirement that the information required to be given in Paragraphs 1. through 6. above be presented in the exact language of this Ordinance, but that the language used gives the same meaning and effect intended by this Ordinance. (7) It shall be unlawful for any person to require any of the following of any person as a condition of removing any immobilization device from a vehicle owned or operated by that person: (a) Payment of money; (b) Transfer of goods; (c) Performance of services; (d) Waiver of any legal rights or remedies except as specified in subsection (9)(b) and Sec. 23.565, Madison General Ordinances; (e) Release of a credit card number; (f) Release of a business address; (g) Release of a business telephone number. (8) It shall be unlawful for any person to coerce any person to do anything listed in subsection (7) by accusing or threatening to accuse any person of a crime or offense. (9) Prior to the removal of an immobilization device, the owner, lessee or operator of an immobilized motor vehicle shall do either of the following: (a) Pay the removal fee. (b) Sign a deferral agreement under which the person signing the agreement agrees to pay the removal fee to the parking enforcer or contest the removal fee, or the propriety of the use of an immobilization device on their motor vehicle, using the process described in Sec. 23.565, Madison General Ordinances, within 14 days after the immobilization device is removed. (10) Whenever a deferral agreement is signed, the parking enforcer shall provide the owner or operator of the motor vehicle a copy of the signed deferral agreement. (11) A person who signs a deferral agreement and does not do any of the activities required by that deferral agreement within 14 days after the removal of the immobilization device shall pay an amount not to exceed three times the removal fee plus the reasonable costs incurred to collect the removal fee to the parking enforcer within 30 days after the removal of the immobilization device. (12) A parking enforcer who uses an immobilization device on a motor vehicle that is not parked in violation of a restriction against unauthorized parking shall pay an amount equal to the removal fee to the owner of the motor vehicle within 14 days after the determination that the immobilization device was used improperly. (13) The maximum removal fee which may be charged by a parking enforcer is $50.00. (14) All private parking enforcement services shall keep a chronological monthly log or record of the vehicles that have been immobilized. The log or record shall indicate a description of the vehicle, the location of the immobilization, the time of the request for service as described in Subsection (5), and the time of the removal of the immobilization device. A copy of this log or record shall be delivered to the Chief of Police every month. (Renumbered by Ord. 12,041, 3-2-98) (15) This section shall not be construed so as to prohibit enforcement of Section 12.128 of the Madison General Ordinances. (Renumbered by Ord. 12,041, 3-2-98) (16) This section is not intended to apply to the immobilization of vehicles pursuant to Section 346.65 of the Wisconsin Statutes. (Renumbered by Ord. 12,041, 3-2-98) (17) No person shall apply any immobilization device to any vehicle when such application would leave such a vehicle obstructing a parking space for a person with a disability, a sidewalk or private driveway, a fire lane or a public highway. No person shall apply any immobilization device to any vehicle when such application would result in an immediate and reasonably apparent threat to life, health, or public safety. (Cr. by Ord. 12,041, 3-2-98; Am by ORD-06-00099, 8-2-06) (18) In addition to the other penalties provided herein, any person who violates any provisions of this section may be required to forfeit not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). (Renumbered by Ord. 12,041, 3-2-98) (19) If any provision of this Ordinance is invalid or unconstitutional, or if the application of this Ordinance to any person or circumstances is invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid or unconstitutional provision or application. (Cr. by Ord. 12,041, 3-2-98) (Am. by Ord. 12,041, 3-2-98) (Sec. 23.23(3) R. and ReCr. by Ord. 12,041, 3-2-98) (Sec. 23.23(4) R. and ReCr. by Ord. 12,041, 3-2-98) (Am. by Ord. 12,041, 3-2-98) (Am. by Ord. 12,041, 3-2-98) (Sec. 23.56(9) R. and ReCr. by Ord. 12,041, 3-2-98) (Sec. 23.56(10) R. and ReCr. by Ord. 12,041, 3-2-98) (Sec. 23.56(11) R. and ReCr. by Ord. 12,041, 3-2-98) (Cr. by Ord. 12,041, 3-2-98) (Cr. by Ord. 12,041, 3-2-98) (Sec. 23.56 Am. by Ord. 12,041, 3-2-98)

Madison General Ordinances § 23.57 COMPLIANCE INSPECTION FEES.

23.57 - COMPLIANCE INSPECTION FEES. (1) Any person who shall fail or neglect to comply with any lawful order of the Director of the Building Inspection Division issued pursuant to the provisions of this chapter may be assessed seventy-five dollars ($75) per compliance inspection, as defined in Sec. 27.03(2), MGO, that does not result in compliance with the order. (Am. by ORD-11-00057, 4-7-11) (2) The Department of Planning and Community and Economic Development shall keep an accurate account of all unpaid inspection fees incurred for compliance inspection services rendered and report the same to the Finance Director, who shall annually prepare a statement of these special charges at each lot or parcel of land and report the same to the City Clerk, and the amount therein charged to each lot or parcel of land shall be by said Clerk entered in the tax roll as a special charge against said lot or parcel of land, and the same shall be collected in all respects like other special charges upon real estate as provided in Wis. Stat. § 66.0627. (Am. by ORD-11-00037, 3-8-11) (Cr. by ORD-10-00058, 6-11-10)

Madison General Ordinances § 23.58 THEFT.

23.58 - THEFT. (1) Definitions. "Intentionally" means that the actor either has a purpose to do the thing or cause the result specified, or is aware that their conduct is practically certain to cause that result. "Movable property" means property whose physical location can be changed, without limitation including electricity and gas, documents which represent or embody intangible rights and things growing on, affixed to or found in land. "With intent" means that the actor either has a purpose to do the thing or cause the result specified, or is aware that their conduct is practically certain to cause that result. (2) It shall be unlawful to intentionally take and carry away, use, transfer, conceal or retain possession of movable property of another without the other's consent and with intent to deprive the owner permanently of possession of such property. (3) In an action or proceeding for a violation of this section, a party may use duly identified and authenticated photographs of property which was the subject of the violation in lieu of producing the property. (4) Any person convicted of a violation of this section shall be subject to a penalty of not less than two hundred dollars ($200) nor more than one thousand dollars ($1,000). (Sec. 23.58 Cr. by ORD-11-00108, 8-10-11)

Madison General Ordinances § 23.59 UNLAWFUL TRESPASS WHILE CARRYING A WEAPON.

23.59 - UNLAWFUL TRESPASS WHILE CARRYING A WEAPON. (1) Definitions. In this section: (a) "Carry" means to go armed with. (b) "Nonresidential building" means a building not used for residential purposes and includes a nursing home as defined in Wis. Stat. § 50.01(3), a community-based residential facility as defined in Wis. Stat. § 50.01(1g), a residential care apartment complex as defined in Wis. Stat. § 50.01(1d), an adult family home as defined in Wis. Stat. § 50.01(1), and a hospice as defined in Wis. Stat. § 50.90(1). (c) "Residence" is a residential building that is not a single family residence and does not include any common area of the building in which the residence is located or any common area of the rest of the parcel of land upon which the residence building is located. (d) "Single-family residence" means the residence building and the parcel of land upon which the residence building is located. (e) "Special event" means an event that is open to the public, is for a duration of not more than three (3) weeks, and either has designated entrances to and from the event that are locked when the event is closed or requires an admission. (f) "Weapon" means a handgun as defined in Wis. Stat. § 175.60(1)(bm), an electric weapon, as defined in Wis. Stat. § 941.195(1c)(a), a knife other than a switchblade knife under Wis. Stat. § 941.24, or a billy club. (2) Single-Family Residence and Residence. It shall be unlawful while carrying a weapon to enter or remain at a single-family residence or a residence that the actor does not own or occupy after the owner or occupant of the single-family residence or residence has notified the actor not to enter or remain at the residence while carrying a weapon or with that type of weapon. (3) Common Area of Building. It shall be unlawful while carrying a weapon to enter or remain in a common area in a building if the owner has notified the actor not to enter or remain in the common area while carrying a weapon or with that type of weapon. (4) Residence Grounds. It shall be unlawful while carrying a weapon to enter or remain on the grounds of a residence if the actor does not own the residence or does not occupy any part of the residence, if the owner or occupant has notified the actor not to enter or remain on the grounds while carrying a weapon or with that type of weapon. (5) Nonresidential Building. It shall be unlawful while carrying a weapon to enter or remain in any part of a nonresidential building, including the grounds of the nonresidential building that the actor does not own or occupy if the owner or occupant has notified the actor not to enter or remain in the building or grounds while carrying a weapon or with that type of weapon. (6) Land. It shall be unlawful while carrying a weapon to enter or remain on any land that the actor does not own or occupy after the owner or occupant has notified the actor not to enter or remain on the land while carrying a weapon or with that type of weapon. (7) Special Event. It shall be unlawful while carrying a weapon to enter or remain at a special event if the organizers of the special event have notified the actor not to enter or remain at the special event while carrying a weapon or with that type of weapon. (8) Government Building. It shall be unlawful while carrying a weapon to enter or remain in any part of a building that is owned, occupied or controlled by the state or any local governmental unit, if the state or local governmental unit has notified the actor not to enter or remain in the building while carrying a weapon or with that type of weapon. (9) College Campus. It shall be unlawful while carrying a weapon to enter or remain on any privately or publicly owned building on the grounds of a university or college, if the university or college has notified the actor not to enter or remain in the building while carrying a weapon or with that type of weapon. (10) Notice Required. (a) A person has received notice under Subsections (3) and (4) if the owner or occupant has posted a sign that is located in a prominent place near all of the entrances to the part of the building to which the restriction applies or near all probable access points to the grounds to which the restriction applies and any individual entering the building or grounds can be reasonably expected to see the sign. (b) A person has received notice under Subsections (5), (8) and (9) if the owner or occupant of the building has posted a sign that is located in a prominent place near all of the entrances to the part of the building to which the restriction applies and any individual entering the building can be reasonably expected to see the sign. (c) A person has received notice under Subsection (6) if the person has been notified personally, either orally or in writing or if the land is posted. The land is considered posted if there is a sign at least eleven (11) inches square placed in two (2) conspicuous places for every forty (40) acres of land to be protected. The sign must provide an appropriate notice and the name of the person giving the notice followed by the word "owner" if the person giving the notice is the holder of legal title to the land and by the word "occupant" if the person giving notice is not the holder of legal title but is a lawful occupant of the land. (d) A person has received notice under Subsection (7) if the organizers of the special event have posted a sign that is located in a prominent place near all of the entrances to the special event and any individual attending the special event can be reasonably expected to see the sign. (e) A sign under Subdivisions (a), (b), and (d) must: 1. Be a sign that notifies an individual not to enter or remain in a part of the building or the grounds of a building or the special event while carrying a weapon or that particular type of weapon; and 2. Be at least five (5) inches by seven (7) inches. (Sec. 23.59 Cr. by ORD-11-00147, 10-27-11)

Madison General Ordinances § 23.60 CONVERSION THERAPY PROHIBITED.

23.60 - CONVERSION THERAPY PROHIBITED. (1) Intent and Purpose. (a) The Common Council of the City of Madison finds that: 1. This Ordinance is adopted to protect the health, safety and welfare of the people of the City of Madison, especially the physical and psychological well-being of minors, including lesbian, gay, bisexual and transgender youth, and to protect them against the exposure to serious harms caused by conversion therapy. 2. It is the well documented, prevailing opinion of the medical and psychological community that conversion therapy has not been shown to be effective and that it creates a potential risk of serious harm to those who experience it. 3. The prevailing opinion of the medical and psychological community is documented in position statements, articles and reports published by the following organizations: the American Psychological Association, the American Psychiatric Association, the American School Counselor Association, the American Academy of Pediatrics, the American Medical Association, the National Association of Social Workers, the American Counseling Association, the American Psychoanalytic Association, the American Academy of Child and Adolescent Psychiatry and the Pan American Health organization. 4. In particular, the Task Force on Appropriate Therapeutic Responses to Sexual Orientation of the American Psychological Association conducted a systematic review of peer reviewed journal literature on sexual orientation change efforts, and issued a report in 2009. The report concluded that conversion therapy has not been demonstrated to be effective and that there have been anecdotal reports of harm, including depression, suicidal thoughts or actions, and substance abuse. 5. In addition other organizations concluded that homosexuality and bisexuality are not illnesses and do not require treatment (American School Counselor Association), being transgender is not a mental disorder, conversion therapy can promote guilt and anxiety (American Academy of Pediatrics), and it may contribute to an enduring sense of stigma and self-criticism (American Psychoanalytic Association). (2) Definitions. In this section: "Conversion therapy" means any practices or treatments offered or rendered to consumers for a fee, including psychological counseling, that seeks to change a person's sexual orientation or gender identity, including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender. Conversion therapy does not include counseling that provides assistance to a person undergoing gender transition, or counseling that provides acceptance, support, and understanding of a person or facilitates a person's coping, social support, and identity exploration and development, including sexual-orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices, as long as such counseling does not seek to change an individual's sexual orientation or gender identity. "Person" means any natural person, individual, corporation, unincorporated association, proprietorship, firm, partnership, joint venture, joint stock association, or other entity or business organization. (3) Conversion Therapy Prohibited. It is unlawful for any person to practice conversion therapy with anyone under 18 years of age. (4) Penalty. Any person convicted of violating this section shall be subject to a forfeiture of not less than $500 nor more than $1,000 for each violation. For purposes of this section, each day a person is found to have practiced conversion therapy shall be considered a separate violation. (Cr. by ORD-18-00074, 7-19-18)

Madison General Ordinances § 23.61 INTERNET SOLICITATION OF UNLICENSED REGULATED BUSINESSES.

23.61 - INTERNET SOLICITATION OF UNLICENSED REGULATED BUSINESSES. (1) In this section: "Internet" refers to the public worldwide computer system, which allows people to access web pages or services, including, but not limited to, Airbnb, VRBO, Facebook, social media sites and other similar services. "Regulated business" means a business and/or individual subject to a required license issued by Public Health Madison Dane County and includes but is not limited to tourist rooming houses, retail food establishments, tattooists, and body piercers. "Solicit" includes, but is not limited to, those circumstances where a person uses the internet in a manner and under circumstances to advertise a good or service. "Unlicensed" means not possessing a valid Lodging license, Food and Drink license or a Tattoo/Body Piercing Establishment license issued by Public Health Madison Dane County or a valid State of Wisconsin agency license. (2) No person shall use the Internet to solicit or advertise an active listing for an unlicensed regulated business. (3) Any person violating this section shall be subject to a forfeiture of not less than twenty dollars ($20) nor more than two hundred dollars ($200). Second and subsequent violations shall be subject to a forfeiture of not less than fifty dollars ($50) nor more than three hundred dollars ($300). (Cr. by ORD-19-00066, 9-27-19)

Madison General Ordinances § 23.62 DISTRIBUTION OF PLASTIC BEVERAGE STRAWS AND STIR STICKS REGULATED.

23.62 - DISTRIBUTION OF PLASTIC BEVERAGE STRAWS AND STIR STICKS REGULATED. (1) Purpose. Research has shown that single-use plastic products are harmful to the environment because, if not recycled, these products often end up in the natural environment, including in oceans, lakes, and rivers where they pose serious threats to marine life. For example, scientists estimate that each year approximately 1 million seabirds and 100,000 marine animals die from ingesting plastic. Two types of single-use plastic product are the plastic beverage straw and plastic stir stick. Research shows that Americans use almost 500 million plastic beverage straws per day, often for no more than 10 minutes at a time. Moreover, the single-use plastic beverage straw is one single-use plastic product that is particularly harmful to the environment because most cities, like Madison, cannot recycle plastic beverage straws due to their small size and unusual shape. Similarly, millions more beverages are prepared with plastic stir sticks which, if used at all, are used for even less time. Plastic stir sticks are also difficult to recycle. Thus, reducing reliance on plastic beverage straws and stir sticks is one way Madison can help ensure that these products, which are used briefly but can take nearly 200 years to decompose, do not unnecessarily harm the environment. The City also recognizes the importance of balancing the purpose of this Ordinance with the needs of individuals with disabilities who may depend on plastic straws to consume beverages. This Ordinance therefore encourages restaurants to have straws available for those customers and does not prohibit restaurants from providing plastic straws to customers who request them. (2) Restrictions. It shall be unlawful for a restaurant to prepare a drink with a plastic straw or plastic stir stick for a dine-in customer unless the restaurant asks the dine-in customer if they want a plastic straw or stir stick. This Ordinance does not prohibit a restaurant from providing a plastic beverage straw or plastic stir stick to a take-out customer or making plastic straws or plastic stir sticks available for dine-in customers to take voluntarily. This Ordinance also does not prohibit the restaurant from providing a straw upon a dine-in customer's request. Finally, this Ordinance does not prohibit restaurants from preparing drinks with straws or stir sticks made from materials other than plastic. (3) Definitions. Customer. An individual, business, or organization. Dine-In Customer. A customer that orders and consumes food or beverage items on a restaurant's premises. Plastic Beverage Straw. A tube made predominantly of plastic derived from either petroleum or a biologically based polymer, such as corn or other plant sources, for transferring a beverage or semifluid from its container to the mouth of the drinker. Plastic Stir Stick. A stick made predominantly of plastic derived from either petroleum or a biologically based polymer, such as corn or other plant sources, for stirring a beverage semifluid in its container. Restaurant. The term "restaurant" shall mean restaurant, coffee shop, cafeteria, short order cafe, luncheonette, tavern, sandwich stand, and all other eating and drinking establishments. Kitchens or other places in which meals, lunches or sandwiches are prepared for sale elsewhere, and any conveyance or place from which meals, lunches, or sandwiches are sold are termed "restaurant" for the purpose of this Ordinance. The term "restaurant" does not apply to churches, religious and fraternal organizations which occasionally prepare and serve or sell meals or lunches to transients or the general public. Single-Use. A product designed to be only used one time in the same form by the original user. Take-Out Customer. A customer that purchases food or beverage items at a restaurant and does not intend to eat on the restaurant's premises, including customers obtaining food or beverages at a drive-thru window. (4) Penalty. Any restaurant violating any provision of this Ordinance shall be subject to a forfeiture of not less than twenty-five dollars ($25) nor more than one hundred dollars ($100). (Cr. by ORD-20-00019, 2-13-20, effective 5-13-20)

Madison General Ordinances § 23.63 USE OF SURVEILLANCE TECHNOLOGY.

23.63 - USE OF SURVEILLANCE TECHNOLOGY. (1) Intent and Purpose. City of Madison Departments have identified a wide variety of legitimate business reasons to use surveillance technology. The Common Council recognizes the need to carefully balance the need for surveillance for gathering data, public safety and the prosecution of crimes with the public's right to privacy. The Common Council desires to adopt a City-wide surveillance technology and surveillance data management policy that is consistent for all City Departments and covers all types of surveillance equipment usage and surveillance data management. (2) Definitions. "City-wide Network" means the City's IT infrastructure which is connected using high speed fiber optic connections which allows City employees to share communications, software, hardware devices, and data and information. "Information Technology Director" means the head of the City Information Technology Department. "Department" means any agency, department, or division of the City. "Sensitive Surveillance Technology Information" means any information about Surveillance Technology of which public disclosure would unreasonably expose or endanger City infrastructure; would adversely impact operations of City agencies; or may not be legally disclosed. "Surveillance" means observation of a place, person, group, or ongoing activity in order to gather information. "Surveillance Data" means any electronic data collected, captured, recorded, retained, processed, intercepted, analyzed, or shared by Surveillance Technology. "Surveillance Technology" means any hardware, software, electronic device, or system utilizing an electronic device, owned by the City or under contract with the City, designed, or primarily intended, to collect, retain, process, or share audio, electronic, visual, location, thermal, biometric, olfactory or other personally identifiable information of members of the public for the purpose of surveillance. Surveillance Technology includes but is not limited to the following: cell site simulators; automatic license plate readers; gunshot detection systems; facial recognition software; gait analysis software; video cameras that record audio or video and can transmit or be remotely accessed; and remotely or autonomously flying aircraft systems equipped with remote video capabilities. Surveillance Technology does not include the following devices: 1. Office hardware, such as televisions, computers, credit card machines, copy machines, telephones and printers; 2. Audio/video teleconference systems; 3. City databases and enterprise systems that contain information, including, but not limited to, human resource, permit, license and business records; 4. City databases and enterprise systems that do not contain any data or other information collected, captured, recorded, retained, processed, intercepted, or analyzed by surveillance technology, including payroll, accounting, or other fiscal databases; 5. Information technology security systems, including firewalls and other cybersecurity systems; 6. Systems or databases that capture information where an individual knowingly and voluntarily consented to provide the information, such as applying for a permit, license or reporting an issue; 7. Physical access control systems, employee identification management systems, and other physical control systems; 8. Infrastructure and mechanical control systems, including those that control or manage street lights, traffic lights, or water or sewer functions; 9. Manually-operated technological devices used primarily for internal City and Department communications and are not designed to surreptitiously collect surveillance data, such as radios, cell phones, personal communication devices and email systems; 10. Manually-operated, non-wearable, handheld cameras, audio recorders and video recorders that are not designed to be used surreptitiously and whose function is limited to manually capturing and manually downloading video and/or audio recordings; 11. Devices that cannot record or transmit audio or video or electronic data or be remotely accessed, such as vision-stabilizing binoculars or night vision goggles; 12. Computers, software, hardware or devices used in monitoring the work and work-related activities involving City buildings, employees, contractors and volunteers or used in conducting internal investigations involving City employees, contractors and volunteers; 13. Medical equipment and systems used to record, diagnose, treat, or prevent disease or injury and are used and/or kept in the course of providing City services; 14. Parking Ticket Devices; 15. Equipment used on a temporary basis during active investigations and in accordance with City policies; 16. Cameras intended to record activities at City facilities in nonpublic areas; 17. Police Department interview rooms, holding cells, and Police Department internal security audio/video recording systems; 18. Police Department records/case management systems, digital fingerprinting systems, Computer Aided Dispatch (CAD); and 19. Fire Department equipment and technology used for Emergency Medical Services, Hazardous Material, Lake Rescue and Heavy Urban Rescue, such as tunneling cameras, sonar, and thermal imaging. (3) Applicability. This Ordinance applies to all Departments that do any of the following: (a) Currently uses or has access to any Surveillance Technology; (b) Seeks funds for new Surveillance Technology including applying for or accepting grants, state or federal funds or other donations; (c) Acquires new Surveillance Technology, with or without a cost; (d) Enters into a contract or agreement with any other entity to share Surveillance Technology or Surveillance Data; and (e) Changes the use of existing surveillance technology for a purpose substantially different than originally approved. (4) Approval Process. Within ninety (90) days of adoption of this Ordinance, all Departments must comply with this section prior to any use of new Surveillance Technology or any substantial change of use of existing Surveillance Technology. (a) All Department requests to purchase, acquire or contract for the use of new Surveillance Technology or substantially change the use of existing Surveillance Technology that will connect to the City-wide Network will be referred to the Common Council via the budget process or through a resolution. The resolution or budget request will include at least the following information: 1. The circumstances which necessitate the use of the Surveillance Technology; 2. The training protocols on Surveillance Technology use, including access to data and images, the Department will utilize; 3. The staff position responsible for the account management and administration of the Surveillance Technology; 4. The staff position responsible for receiving complaints regarding the Department's use of Surveillance Technology; 5. The process for determining staff roles and access to Surveillance Technology; 6. The process to ensure access to Surveillance Technology is revoked when the employee no longer has a job related need to said access; 7. The personnel responsible for training staff and reviewing staff access and use of the Surveillance Technology; 8. The process for providing the Madison Police Department with immediate access to all data recordings that may constitute evidence of a crime, unless otherwise prohibited by law; 9. The time period that recorded audio and video will be retained, in accordance with the Department's record retention policy; 10. The prohibition of using Surveillance Technology to visually or audibly monitor the interior of private dwellings where a reasonable expectation of privacy exists, absent a court order or other lawful justification; and 11. Procedures for ensuring that records are not destroyed during the pendency of any public records request, investigation or civil or criminal litigation. (b) The Department's request for Surveillance Technology will be approved only upon the determination that the benefits to the community members and residents of the City outweigh the potential privacy interests and that, in the judgment of the Common Council, there is not an effective alternative with a lesser impact upon privacy interests nor is there an alternative with equivalent impact on privacy interests but with a lesser economic cost. (c) As part of the annual budget request, all Departments will notify the Information Technology Director, the Mayor and Common Council leadership of any request to purchase, acquire or contract for the use of new Surveillance Technology that is not connected to the City-wide Network. The Department will post on the Department's website notice to the public of its intent to obtain or use new Surveillance Technology. If the Mayor or Common Council leadership request that a Department notify residents, the Department will work with IT to create a process for residents to submit feedback and comments. The Department will hold a public meeting if requested by the Mayor or Common Council Leadership. (d) If a Department needs to move a camera location on the City-wide enterprise camera system, or activates new functions not previously approved, or adds a new camera of a previously-approved type, the Department will notify the Mayor and Common Council Leadership and the Alder(s) of the affected district(s). The Mayor, Common Council Leadership, or Alder(s) of the affected district(s) will coordinate with the Department to notify the residents, including creating a variety of notification and outreach mechanisms for residents to submit feedback and comments. The Department will hold a public meeting if requested by the Mayor, Common Council Leadership, or the Alder of the district where the camera is located. (5) Reporting Process. (a) Each Department will conduct an annual review of its Surveillance Technology and ensure compliance with this Ordinance. (b) Each Department will complete an Annual Surveillance Technology Report which will be submitted to the Common Council through a resolution. The Annual Surveillance Technology Report will include: 1. An inventory of current Surveillance Technology and the applicable policies; 2. How the Department has used the data collected by its Surveillance Technology; 3. How any Surveillance Data is being shared with other entities; 4. How well Surveillance Data management protocols are safeguarding individual information; and 5. Whether the Department has received any complaints or concerns about its Surveillance Technology use and the resolution of said complaints. (c) The Common Council shall review and take action on the resolution accompanying the Annual Surveillance Technology Report. (6) Exceptions. This Ordinance does not apply to the following: (a) Federal Property Disposition Programs. If the Surveillance Technology is available through federal property disposition programs and/or the purchase or acquisition decision must be executed quickly, such acquisition may be made. However, if the Surveillance Technology is obtained under this subdivision, the Department must apply for approval as described in subsection (4) within thirty (30) days and before installation or use of said equipment. (b) Emergency Situations. In the event of an emergency, that poses an imminent and serious risk of death or substantial bodily harm, a Department may acquire Surveillance Technology without prior Common Council approval, for the sole purpose of preventing or mitigating such risk, if the Department reasonably believes the acquisition of such Surveillance Technology will result in reduction of said risk. The Department's use of the Surveillance Technology must cease when such risk no longer exists or the use of the Surveillance Technology can no longer reasonably reduce the risk. The Department shall apply for approval of the Surveillance Technology per subsection (4) of this Ordinance within thirty (30) days of cessation of the risk that prompted purchase of said Technology. The use of the Surveillance Technology must be documented in the Department's Annual Surveillance Technology Report. (c) Technical Patch or Upgrade. A Department, in consultation with the City Information Technology Department, may apply a technical patch or upgrade that is necessary to mitigate threats to the City's infrastructure, even if the patch or upgrade materially alters the surveillance capabilities of the technology. However, if such patch or upgrade does materially alter the surveillance capability of the technology, it must be highlighted in the Annual Surveillance Technology Report. (d) Sensitive Surveillance Technology Information. Sensitive Surveillance Technology Information is exempt from the requirements in the ordinance. Departments will provide the basis for exemption to the Information Technology Director. The Information Technology Director will notify the Mayor and Common Council Leadership of the exemption for mayoral approval. (Cr. by ORD-20-00056, 6-29-20)

Madison General Ordinances § 23.64 BANNING USE OF FACE SURVEILLANCE TECHNOLOGY.

23.64 - BANNING USE OF FACE SURVEILLANCE TECHNOLOGY. (1) Definitions. Department means any agency, department, or division of the City. Face surveillance means an automated or semi-automated process that assists in identifying or verifying an individual based on the physical characteristics of an individual's face. Face surveillance system means any computer software or application that performs face surveillance. (2) All Departments are not permitted to obtain, retain, possess, access or use any face surveillance system. (3) All Departments are not permitted to obtain, retain, possess, access or use any information derived from a face surveillance system. (4) Exemptions. This Section does not apply to the following: (a) Using information that may have been generated from a face surveillance system, so long as such information was not generated by or at the request of any Department, though a Department may request information specifically to identify and/or locate individuals who are victims of human trafficking, child sexual exploitation or missing children. (b) Obtaining or possessing an electronic device, such as a cell phone or tablet, that performs face surveillance for the sole purpose of user authentication. (c) Using face recognition on an electronic device, such as a cell phone or table, for the sole purpose of user authentication. (d) Using social media or communication software or application for communicating with the public, provided such use does not include the affirmative use of any face surveillance. (e) Using automated redaction software, provided such software does not have the capability of performing face surveillance. (f) Comply with the National Child Search Assistance Act. (Cr. by ORD-20-00117, 12-14-20)

Madison General Ordinances § 23.65 PET SALES PROHIBITED.

23.65 - PET SALES PROHIBITED. (1) Prohibition on Sale of Cats or Dogs. No retail pet store shall sell, deliver, offer for sale, barter, auction, give away, or otherwise transfer or dispose of cats or dogs. Nothing in this section shall prohibit pet stores from collaborating with animal control facilities, animal shelters, or animal rescue organizations to offer space for such entities to showcase adoptable dogs, cats, or provided the pet store shall not have any ownership or otherwise pecuniary interest in the animals offered for adoption and shall not receive a fee for providing space for the adoption of any of these animals. Dogs may not be kept overnight. (2) Definitions. (a) Animal control facility means a facility for the care of animals operated under a contract with a political subdivision under s. 173.15 (1). (b) Animal rescue organization means a not for profit organization which is primarily devoted to the receiving, harboring, and rehousing of homeless, stray, abandoned, or rescued animals. An animal rescue organization does not include organizations that obtain animals from a breeder or broker for compensation or profit. (c) Animal shelter means a facility that is operated for the purpose of providing for and promoting the welfare, protection, and humane treatment of animals, that is used to shelter at least twenty-five (25) dogs in a year, and that is operated by a humane society, animal welfare society, animal rescue group, or other nonprofit group. (d) Cats mean domesticated cats of the subspecies Felis catus. (e) Dogs mean domesticated dogs of the subspecies Canis familiaris. (f) Retail Pet Store means a commercial establishment where animals are sold, exchanged, bartered or offered for sale to the general public at retail. Such definition shall not include an animal control facility or animal shelter, as defined. (3) Penalty. Any retail pet store that violates this section shall be subject to a civil penalty of not more than $1,000 for the first offense and may be required to forfeit not less than $200 nor more than $2,000 for the second or any subsequent offense within five (5) years. Each dog or cat offered for sale in violation of this section shall constitute a separate violation, and the allocation of space that facilitates a violation of this section shall constitute a separate violation. (4) Severability. Each provision or any portion of this section shall be considered separable, and the finding of the invalidity of any portion by a court of competent jurisdiction shall not affect the validity or enforceability of any other portion. (Cr. by ORD-25-00083, 12-2-25)

Madison General Ordinances § 23.065 SCRATCHITI.

23.065 - SCRATCHITI. (1) Definitions. In this section: (a) "Intentionally" shall mean that the actor either has a purpose to do the thing or cause the result specified, or is aware that their conduct is practically certain to cause that result. In addition, the actor must have knowledge of those facts that are necessary to make their conduct unlawful and which are set forth after the word "intentionally." (b) "Scratchiti" shall mean any writings, printings, marks, signs, symbols, figures, designs, inscriptions, or other drawings that are etched, carved, scratched, or engraved on any surface of a building, wall, fence, sidewalk, curb, window or other structure on public or private property that has the effect of defacing the property, but shall not include "graffiti" as defined in Section 23.06. (c) "Etching acid" shall mean any liquid, cream, paste or similar chemical substance that can be used to etch, draw, carve, sketch, engrave or otherwise alter, change or impair the physical integrity of glass, metal or other hard surface. (2) It shall be unlawful for any person to intentionally place scratchiti or etching acid on or into any surface located on public or private property without the consent of the owner of the property. (3) Any person who shall violate Subsection (2) shall be subject to a forfeiture of not less than two hundred dollars ($200) nor more than two thousand dollars ($2,000). (Cr. by ORD-06-00032, 4-7-06)

Madison General Ordinances § 23.66 PROHIBITING DECLAWING PROCEDURES.

23.66 - PROHIBITING DECLAWING PROCEDURES. (1) Definitions. Cat means an animal of the taxonomic family felidae. Declawing procedure means an onychectomy, partial or complete phalangectomy, partial digital amputation, tendonectomy, or other procedure to alter a cat's toes, claws, or paws to prevent the normal functioning of the cat's toes, claws, or paws. "Declawing procedure" does not include the trimming of nonviable claw husk or placing nonpermanent nail caps. Onychectomy means a procedure in which a portion of the paw of a cat is amputated to remove or disable a claw, including, without limitation, procedures commonly referred to as declawing. Partial digital amputation means a procedure for the excision of some or all of one or more of the phalanges of the paw of a cat. Phalangectomy means a procedure for the excision of one or more of the phalanges of the paw of a cat. Tendonectomy means a procedure in which the tendons to the limbs, paws, or toes of a cat are cut or modified so that the cat's claws cannot function normally. Therapeutic purpose means for the purpose of addressing an existing or recurring infection, disease, injury, or abnormal condition in the claw that jeopardizes the cat's physical health and only when addressing that infection, disease, injury, or abnormal condition is determined to be a medical necessity. "Therapeutic purpose" does not include cosmetic or aesthetic purposes or the purpose of making a cat more convenient to keep or handle. (2) It shall be unlawful to remove or disable a cat's claws by performing a declawing procedure, except as specified in subdivision (3). (3) Exception. This section does not apply to a partial or complete phalangectomy performed solely for a therapeutic purpose. If it is determined that it is necessary to perform a phalangectomy for a therapeutic purpose, the purpose for performing the phalangectomy shall be documented. (4) Any person violating this section shall be subject to a forfeiture of up to two thousand dollars ($2,000). Each and every day of violation may be considered a separate offense. (Cr. by ORD-21-00088, 12-15-21)

Madison General Ordinances § 23.70 PENALTIES FOR VIOLATIONS OF THIS CHAPTER.

23.70 - PENALTIES FOR VIOLATIONS OF THIS CHAPTER. Any person violating any of the provisions of this chapter for which no penalty is specifically provided shall be subject to a forfeiture of not more than five hundred dollars ($500). (Am. by Ord. 9623, 11-11-88; Ord. 13,328, 5-28-03; Ord. 13,670, Adopted 12-14-04; Renum. by ORD-18-00074, 7-19-18)

Madison General Ordinances § 23.185 HARASSMENT OF POLICE ANIMALS PROHIBITED.

23.185 - HARASSMENT OF POLICE ANIMALS PROHIBITED. (1) It is unlawful for any person to frighten, intimidate, threaten, abuse, harass, strike, shove, kick or otherwise subject to physical contact unauthorized by its handler an animal used by a law enforcement agency to perform any duties or functions. (2) As used in this section, law enforcement agency means a governmental unit of one or more persons employed full time by the state or a political subdivision of the state for the purpose of preventing and detecting crime and enforcing state laws or local ordinances, employees of which unit are authorized to make arrests for crimes and ordinance violations while acting within the scope of their authority. (3) Violators shall be subject to a forfeiture of not less than $50 nor more than $300. (Sec. 23.185 Cr. by Ord. 10,513, 9-24-92)

Madison General Ordinances § 23.195 HARASSMENT OF ZOO ANIMALS.

23.195 - HARASSMENT OF ZOO ANIMALS. (1) It shall be unlawful for any person to frighten, intimidate, abuse, harass, strike, disturb or tease any animal located within Henry Vilas Zoo property. (2) It shall be unlawful for any unauthorized person to throw or place any object inside any animal exhibit space located within Henry Vilas Zoo property. (3) It shall be unlawful for any person to attempt to feed any animal located within Henry Vilas Zoo property unless authorized by the Henry Vilas Zoo Director. (4) Violators shall be subject to a forfeiture of not less than fifty dollars ($50) nor more than one thousand dollars ($1,000). (Sec. 23.195 Cr. by ORD-11-00168, 12-6-11)

Madison General Ordinances § 23.201 POSSESSION OF DRUG PARAPHERNALIA.

23.201 - POSSESSION OF DRUG PARAPHERNALIA. (1) No person may use, or possess with the primary intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of Chapter 961, Wis. Stats. Any person who violates this section is subject to a forfeiture of not more than $500. This section does not apply to individuals possessing drug paraphernalia or other items covered in this section if said possession is for the use of cannabis or cannabis derivatives as authorized under Madison General Ordinance Sec. 23.20. (Am. by ORD-20-00110, 12-3-20) (2) Wis. Stat. §§ 961.571 and 961.572, are hereby adopted by reference including amendments thereto as may be adopted from time to time. (Sec. 23.201 Am. by Ord. 11,959, 10-31-97)

Madison General Ordinances § 23.202 AGE RESTRICTIONS ON HEMP-DERIVED THC PRODUCTS.

23.202 - AGE RESTRICTIONS ON HEMP-DERIVED THC PRODUCTS. (1) Definition. In this section, "hemp-derived cannabinoid" means either of the following: (a) A cannabinoid other than delta-9 tetrahydrocannabinol (THC) or an isomer derived from such cannabinoid (delta-8 THC, delta-10 THC, hexahydrocannabinol (HHC), HHC-O, THCA, THC-O, THCP, THCV). (b) A hemp-derived product containing delta-9 tetrahydrocannabinol in a concentration of 0.3 percent or less. 1. "Hemp-derived cannabinoid" shall not mean any non-intoxicating cannabinoids, including cannabidiol (CBD), which is an active ingredient in cannabis, but does not cause intoxication by itself, is not addictive, and does not contain other isomers as listed in paragraph 1(b). (2) Age Restriction on the Sale of Hemp-Derived Cannabinoid; Prohibition. (a) No person and no hemp-derived cannabinoid establishment, or any officer, associate, member, representative, agent, or employee of such establishment, may sell, deliver, or provide any hemp-derived cannabinoid product to any person under the age of twenty-one (21). (b) No person and no hemp-derived cannabinoid establishment, or any officer, associate, member, representative, agent, or employee of such establishment, may deliver, or provide any hemp-derived cannabinoid product to a person without having first verified the purchaser's age with a valid federal, state, Tribal, or municipal issued photo identification. (c) This age verification shall be performed by a person and shall not be automated. (d) Sale Prohibited. If a person or any officer, associate, member, representative, agent, or employee of a hemp-derived cannabinoid establishment believes or has reason to believe that the ultimate recipient of a hemp-derived cannabinoid product is under the age of twenty-one (21) or is using a forged or fake identification card, they shall not make the sale. (3) Signs, Notices and Display. (a) A retailer of hemp-derived cannabinoids shall conspicuously post a sign in each area within their premises where any hemp-derived cannabinoid products are sold to consumers stating that the sale of any such product to any person under the age of twenty-one (21) is unlawful under this section. 1. Hemp-derived cannabinoid products may not be sold from a vending machine or similar device. (b) Products containing hemp-derived cannabinoid shall be displayed from behind a sales or service counter so that no person may access it without assistance by an establishment employee. 1. Beverages containing hemp-derived cannabinoids may be displayed in a cooler not behind a sales or service counter. Such beverages shall be subject to the same age verification process set forth in subsection (2) of this ordinance. a. Beverages containing hemp-derived cannabinoids may be stored or displayed outside of an enclosed cooler only when they are in sealed cases, cartons, or multipack packaging. Single cans, bottles, or other individual containers are not permitted to be stored, displayed, or kept outside the enclosed cooler at any time. (4) Retailer Location. Establishments selling hemp-derived cannabinoids shall not be located within ¼ mile or 1,320 feet of a youth-serving organization and location such as, but not limited to: childcare centers, preschools, public or parochial schools, tribal schools, playgrounds, city or county parks, sporting arenas, or organizations with specific interest to serve children (Boys & Girls Club, YMCA, Head Start, etc.). The distance shall be measured by the shortest route along a designated roadway or walking path from the main entrance of the youth-serving business/organization to the premises selling the hemp-derived cannabinoid products. (a) The prohibition in this section does not apply to businesses selling hemp-derived cannabinoids prior to January 1, 2026. (5) Penalties. Any person and any hemp-derived cannabinoid establishment who violates Subsection (2)(a)-(d) is subject to a forfeiture of: (a) Five-hundred dollars ($500.00); (b) A hemp-derived cannabinoid establishment that violates subsection (3) of this ordinance is subject to a forfeiture of not less than five-hundred dollars ($500.00). (c) Repeated violation of this ordinance shall constitute a public nuisance which the City Attorney may abate by seeking an injunction in Dane County Circuit Court. (Cr. by ORD-25-00082, 12-2-25)

Madison General Ordinances § 23.315 ANIMALS PROHIBITED DURING STREET USE PERMIT EVENT.

23.315 - ANIMALS PROHIBITED DURING STREET USE PERMIT EVENT. (1) When a street use permit has been issued under Sec. 10.056, MGO, and there are ten (10) or more food vendors participating in the event as defined in Sec. 10.056(5)(h), it shall be unlawful for the owner or keeper of any animal to allow an animal to be in any area within the perimeter of the event as described on the street use permit. (2) Exceptions. This section does not apply to the following animals: (a) Service animals as defined by Wis. Stats. § 106.52(1)(fm). (b) Animals that are participating in a parade that is authorized by Sec. 12.87, MGO. (c) Animals that are owned by exhibitors authorized by the event sponsor, provided that the animal is leashed according to the requirements found in Sec. 23.32(1), MGO, or confined at all times while in the perimeter of the event and are kept a distance of at least fifty (50) feet from all food vendors. (d) Animals in service to law enforcement. (Cr. by ORD-10-00079, 8-12-10)

Madison General Ordinances § 23.375 PROHIBITION AGAINST PROFESSIONAL STRIKEBREAKERS.

23.375 - PROHIBITION AGAINST PROFESSIONAL STRIKEBREAKERS. Prohibition Against the Employment, Recruitment and Furnishing of Professional Strikebreakers to Replace Employees Involved in a Labor Dispute and to Prescribe the Penalties Therefore. (1) No person, partnership, agency, firm or corporation, or officer, employee or agent thereof, shall recruit, procure, supply or refer any person for employment who customarily and repeatedly offers himself for employment in place of any employee involved in a labor dispute in which such person, partnership, agency, firm or corporation is not directly involved. (2) No person, partnership, firm or corporation involved in a labor dispute shall directly or indirectly: (a) Employ in the place of an employee involved in such dispute, any person who customarily and repeatedly offers himself for employment in the place of employees involved in a labor dispute, or (b) Contract or arrange with any other person, partnership, agency, firm or corporation to recruit, procure, supply, or refer persons for employment who customarily and repeatedly offer themselves for employment in place of employees involved in such labor dispute. (3) No such person who customarily and repeatedly offers himself for employment in place of employees involved in a labor dispute shall take or offer to take the place in employment of any employee involved in a labor dispute. (4) Nothing in this Ordinance, other than the employment of persons who customarily and repeatedly offer themselves for employment in place of any employees involved in a labor dispute, shall be construed so as to prevent or prohibit a person, partnership, firm or corporation involved in a labor dispute from conducting its business operations and from safeguarding property and persons during the course of such labor dispute. (5) Any person, partnership, agency, firm or corporation, or any officer, employee or agent thereof, who or which shall violate any provision of this Ordinance shall be subject to a forfeiture of not less than fifty dollars ($50) and not more than five hundred dollars ($500).

Madison General Ordinances § 23.385 RESTRICTIONS ON SALE OR GIFT OF CIGARETTES, NICOTINE PRODUCTS OR TOBACCO PRODUCTS.

23.385 - RESTRICTIONS ON SALE OR GIFT OF CIGARETTES, NICOTINE PRODUCTS OR TOBACCO PRODUCTS. (1) Definitions. For the purpose of this section, the definitions found in Sec. 134.66(1), Wis. Stats., shall apply. (2) Restrictions. (a) No retailer, manufacturer distributor, jobber or subjobber, no agent, employee or independent contractor of a retailer, manufacturer, distributor, jobber or subjobber and no agent or employee of an independent contractor may sell or provide for nominal or no consideration may sell or give cigarettes, nicotine products, or tobacco products to any person under the age of eighteen (18) years, except as provided in Sec. 23.38(3) of these ordinances. A vending machine operator is not liable under this subsection for the purchase of cigarettes, nicotine products, or tobacco products from her or his vending machine by a person under the age of 18 if the vending machine operator was unaware of the purchase. (am) No retailer, manufacturer, distributor, jobber or subjobber, no agent, employee or independent contractor of a retailer, manufacturer, distributor, jobber or subjobber, and no agent or employee of an independent contractor may provide for nominal or no consideration cigarettes, nicotine products, or tobacco products to any person except in a place where no person younger than 18 years of age is present or permitted to enter unless the person who is younger than 18 years of age is accompanied by their parent or guardian or by their spouse who has attained the age of 18 years. (Cr. by Ord. 12,288, 12-14-98) (b) 1. A retailer shall post a sign in areas within their premises where cigarettes or tobacco products are sold to consumers stating that the sale of any cigarette or tobacco product to a person under the age of 18 is unlawful under this section and Section 23.38, Madison General Ordinances. 2. A vending machine operator shall attach a notice in a conspicuous place on the front of their vending machines stating that the purchase of any cigarette or tobacco product by a person under the age of 18 is unlawful under Sec. 23.38 of these ordinances and that the purchaser is subject to a forfeiture of not to exceed fifty dollars ($50). (Am. by Ord. 13,146, 9-24-02) (cm) 1m. A retailer or vending machine operator may not sell cigarettes or tobacco products from a vending machine unless the vending machine is located in a place where the retailer or vending machine operator ensures that no person younger than 18 years of age is present or permitted to enter unless they are accompanied by their parent or guardian or by their spouse who has attained the age of 18 years. 2. Notwithstanding Subdivision 1m. above, no retailer may place a vending machine within five hundred (500) feet of a school. (d) No retailer or direct marketer may sell cigarettes in a form other than as a package or container on which a stamp is affixed under Wis. Stat. § 139.32(1). (Sec. 23.385(2)(d) R. and Sec. 23.385(2)(e) Renum. to 23.385(2)(d) by Ord. 13,146, 9-24-02) (2m) Training. (a) Except as provided in Subdiv. (b), at the time that a retailer hires or contracts with an agent, employee, or independent contractor whose duties will include the sale of cigarettes or tobacco products, the retailer shall provide the agent, employee, or independent contractor with training on compliance with Subsec. (2)(a) and (am), including training on the penalties under Subsec. (4)(a)2. for a violation of Subsec. (2)(a) or (am). The Department of Health Services shall make available to any retailer on request a training program developed or approved by that department that provides the training required under this subsection. A retailer may comply with this subsection by providing the training program developed or approved by the Department of Health Services or by providing a comparable training program approved by that department. At the completion of the training, the retailer and the agent, employee, or independent contractor shall sign a form provided by the Department of Health Services verifying that the agent, employee, or independent contractor has received the training, which the retailer shall retain in the personnel file of the agent, employee or independent contractor. (Cr. by Ord. 13,146, 9-24-02; Am. by ORD-12-00035, 3-28-12) (b) Subdiv. (a) does not apply to an agent, employee, or independent contractor who has receive the training described in Subdiv. (a) as part of a responsible beverage server training course or a comparable training course, as described in Wis. Stat. § 125.04(5)(a)5., that was successfully completed by the agent, employee, or independent contractor. (c) If an agent, employee, or independent contractor who has not received the training described in Subdiv. (a) commits a violation of Subsec. (2)(a) or (am), the City may issue a citation based on that violation only to the retailer that hired or contracted with the agent, employee or independent contractor and not to the agent, employee or independent contractor who has not received that training. If an agent, employee or independent contractor who has received the training described in Subdiv. (a) commits a violation of Subsec. (2)(a) or (am) for which the City issues a citation to the retailer that hired or contracted with the agent, employee or independent contractor, the City shall also issue a citation based on that violation to the agent, employee or independent contractor who has received that training. (3) Defense of Sale to Minor. Proof of all of the following facts by a retailer, manufacturer distributor, jobber, or subjobber, an agent, employee, or independent contractor of a retailer, manufacturer, distributor, jobber, or subjobber, or an agent or employee of an independent contractor who sells cigarettes or tobacco products to a person under the age of 18 is a defense to any prosecution for a violation of Subsection (2)(a) above: (Am. by Ord. 13,146, 9-24-02) (a) That the purchaser falsely represented that they had attained the age of 18 and presented an identification card. (b) That the appearance of the purchaser was such that an ordinary and prudent person would believe that the purchaser had attained the age of 18. (c) That the sale was made in good faith, in reasonable reliance on the identification card and appearance of the purchaser and in the belief that the purchaser had attained the age of 18. (4) Penalties. (a) 1. In this paragraph, "violation" means a violation of sub. (2)(a), (am), (cm), or (d). (Am. by Ord. 13,146, 9-24-02) 2. A person who violates Subsection (2)(a), (am), (cm), or (d) is subject to a forfeiture of: a. Not more than five hundred dollars ($500) if the person has not committed a previous violation within twelve (12) months of the violation; or b. Not less than two hundred dollars ($200) nor more than five hundred dollars ($500) if the person has committed a previous violation within twelve (12) months of the violation. 3. A court shall suspend any license or permit issued under Wis. Stat. § 134.65, 139.34 or 139.79, to a person for: a. Not more than 3 days, if the court finds that the person committed a violation within 12 months after committing one previous violation; b. Not less than 3 days nor more than 10 days, if the court finds that the person committed a violation within 12 months after committing 2 other violations; or c. Not less than 15 days nor more than 30 days, if the court finds that the person committed the violation within 12 months after committing 3 or more other violations. 4. The court shall promptly mail notice of a suspension under Paragraph 3. above to the department of revenue and to the clerk of each municipality which has issued a license or permit to the person. (b) Whoever violates Subsection (2)(b) above shall forfeit not more than twenty-five dollars ($25). (Am. by Ord. 13,146, 9-24-02) (Sec. 23.385 Am. by Ord. 12,288, 12-14-98; Ord. 13,146, 9-24-02; ORD-15-00044, 4-29-15)

Madison General Ordinances § 23.495 EXHIBITION OF CERTAIN ANIMALS.

23.495 - EXHIBITION OF CERTAIN ANIMALS. (1) No person may display for the purpose of public viewing the following animals: (a) Cougars. (b) Ursids (bear). (c) Any animal designated by the Department of Natural Resources as a harmful wild animal. (Cr. by Ord. 13,380, 8-2-03) (2) Exception. This section shall not apply to the following: (a) Persons or entities which have received authorization from the Department of Natural Resources under Wis. Stats. Chap. 169. (b) A public zoo and aquarium. (c) A veterinarian for the purposes of providing medical treatment to the animal. (Cr. by Ord. 13,328, 5-28-03)

Madison General Ordinances § 23.525 POSSESSION OF PIGS RESTRICTED.

23.525 - POSSESSION OF PIGS RESTRICTED. No person, firm or corporation shall keep, harbor or have in their possession, custody or control any pig, hog, boar or swine anywhere within the limits of the City of Madison except under the following circumstances: (a) Within the confines of an event for which a park event permit, neighborhood association park event permit, or any other permit for activities taking place within a City park has been issued by the City, if the presence of the animal is noted as a condition of issuance of the permit. (b) Within the confines of an event for which a street use permit or neighborhood block party permit has been issued under Sec. 10.056, MGO, if the presence of the animal is noted as a condition of approval of the permit. (c) A dwelling unit is permitted to house one (1) pig, hog, boar or swine in the City if the owner complies with all of the following requirements: 1. The animal must be less than twenty-four (24) inches tall at the shoulder. 2. The owner must be able to provide written proof from a licensed veterinarian that the animal weighs less than three hundred (300) pounds. 3. The owner must be able to provide written proof from a licensed veterinarian that the animal is current with all vaccination requirements. 4. A microchip must be placed in the animal so that the animal can be easily identified. The microchip must contain the name, address and telephone number of the owner and the name of the animal. 5. The owner must be able to provide written proof from a licensed veterinarian that the animal has been be spayed or neutered prior to reaching one (1) year of age. Animals that are residing within the City as of the date of adoption of this ordinance must be spayed or neutered within six (6) months. 6. The owner must register for a Wisconsin State Premise License as required under Wisconsin Agriculture, Trade and Consumer Protection Administrative Code Chapter 17. 7. When off the owner's property the animal must be leashed at all times. The leash must be attached to a secure collar or harness that is of sufficient strength to restrain the animal. The leash shall be no longer than six (6) feet in total length and must be secured by and under the direct control and supervision of an individual at all times. (Cr. by ORD-18-00058, 6-15-18; Am. by ORD-23-00086, 10-2-23)

Madison General Ordinances § 23.561 UNLAWFUL TOWING FROM PRIVATE PROPERTY.

23.561 - UNLAWFUL TOWING FROM PRIVATE PROPERTY. (1) It shall be unlawful for any person, firm, or corporation to remove a vehicle involved in trespass parking on a private parking lot or facility without first notifying the Madison Police Department of the make, model, vehicle identification number, and registration plate number of the vehicle and the location to which the vehicle will be removed, as required by Wis. Stat. § 349.13(3m)(d)(2). (2) It shall be unlawful for any person, firm, or corporation to remove a vehicle involved in trespass parking on a private parking lot or facility that has been reported to a law enforcement agency as stolen as required by Wis. Stat. § 349.13(3m)(dr). (3) It shall be unlawful for any person, firm, or corporation to remove a vehicle involved in trespass parking on a private parking lot or facility without the permission of the vehicle owner except where the lot or facility is properly posted or upon the issuance of a repossession judgment or upon formal complaint and a citation for illegal parking issued by a parking, traffic or police officer, as required in Wis. Stat. § 349.13(3m)(b) and (c). (4) It shall be unlawful for any person, firm, or corporation other than a tow service to remove a vehicle involved in trespass parking on a private parking lot or facility as required by Wis. Stat. § 349.13(3m)(d)(1). (5) Any person, firm, or corporation violating the provisions of Subsections (1), (2), (3) or (4) shall be subject to a forfeiture of not less than one hundred dollars ($100) and not more than one thousand dollars ($1,000). (6) This Ordinance will become effective on July 1, 2014. (Sec. 23.561 Cr. by ORD-12-00093, 7-10-12; Am. by ORD-14-00125, 7-11-14)

Madison General Ordinances § 23.565 VEHICLE IMMOBILIZATION APPLICATION FEE ADMINISTRATIVE APPEAL.

23.565 - VEHICLE IMMOBILIZATION APPLICATION FEE ADMINISTRATIVE APPEAL. (1) Any person who signs a deferral agreement as described in Sec. 23.56(9)(b) of these ordinances shall file an appeal with the Transportation Commission. Such an appeal shall be filed within 14 days of the removal of an immobilization device on the form specified by the Transportation Commission. (Am. by ORD-19-00081, 11-13-19) (2) Upon receipt of the appeal, the Transportation Commission shall forward a copy of the completed form to the Parking Enforcer who had immobilized the applicant's vehicle. The Parking Enforcer shall then have 14 days to file a response with the Transportation Commission. Failure to file a response shall constitute an admission of each and every material allegation of the appellant. (Am. by ORD-19-00081, 11-13-19) (3) The Transportation Commission shall decide the appeal based upon the foregoing written submissions. (Am. by ORD-19-00081, 11-13-19) (4) The issue to be decided upon appeal shall be limited to the propriety of the use of an immobilization device and to a determination of whether the amount of the removal fee was within the limits set by ordinance. The burden of proof is upon the Parking Enforcer who must prove by a preponderance of the evidence that the appellant's vehicle was illegally parked on private property, that such private property was properly posted pursuant to Sec. 23.56(3), Madison General Ordinances, and that the removal fee sought is within the limits set forth in Sec. 23.56(13). (5) The Transportation Commission shall notify the parties of its decision in writing. If the decision is for the appellant, the Transportation Commission shall order the Parking Enforcer to pay the appellant an amount equal to the removal fee originally sought from the appellant by the Parking Enforcer. (Am. by ORD-19-00081, 11-13-19) (6) A Parking Enforcer who has been ordered to make a payment under Subsec. (5) shall make such payment within 14 days of the receipt of the Parking Subcommittee's decision. (7) Any Parking Enforcer who fails to make a payment as set forth in Subsecs. (5) and (6) may be required to forfeit not less than one hundred dollars ($100) nor more than two hundred dollars ($200). (Cr. by Ord. 12,042, 3-2-98)

Source: City of Madison, Wisconsin, Madison General Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/wi/madison/codes/code_of_ordinances?nodeId=COORMAWIVOIICH20--31_CH23OFAGPUPOFetched: 11/1/2026