66.925 Urban homestead programs.
66.93 Sites for veterans' memorial halls.
66.935 Mass transit bonding.
66.94 Metropolitan transit authority.
66.943 City, village and town transit commissions.
66.944 Transit employes; Wisconsin retirement system.
66.945 Creation, organization, powers and duties of regional planning commissions.
66.948 Sound-producing devices; impoundment; seizure and forfeiture.
66.949 Energy savings performance contracting.
66.95 Prohibiting operators from leaving keys in parked motor vehicles.
66.955 Nuisance weeds.
66.96 Noxious weeds.
66.97 Weed commissioner; appointment, oath, term; exception.
66.98 Duties; powers; collection of tax.
66.99 County weed commissioner; deputies.
66.01 66.01 Home rule; manner of exercise.
66.01(1) (1) Under article XI, section 3, of the constitution, the method of determination of the local affairs and government of cities and villages shall be as prescribed in this section.
66.01(2) (2)
66.01(2)(a)(a) A "charter ordinance" is any ordinance which enacts, amends or repeals the whole or any part of the charter of a city or village, or makes the election mentioned in sub. (4). Such charter ordinance shall be so designated, shall require a two-thirds vote of the members-elect of the legislative body of such city or village, and shall be subject to referendum as hereinafter prescribed.
66.01(2)(b) (b) Every charter ordinance which amends or repeals the whole or any part of a city or village charter shall designate specifically the portion of the charter so amended or repealed, and every charter ordinance which makes the election mentioned in sub. (4) shall designate specifically each enactment of the legislature or portion thereof, made inapplicable to such city or village by the election mentioned in sub. (4).
66.01(3) (3) Every enactment, amendment or repeal of the whole or any part of the charter of any city or village shall be published as a class 1 notice, under ch. 985, shall be recorded by the clerk in a permanent book kept for that purpose, with a statement of the manner of its adoption, and a certified copy thereof shall be filed by said clerk with the secretary of state. The secretary of state shall keep a separate index of all charter ordinances, arranged alphabetically by city and village and summarizing each ordinance, and annually shall issue such a list of charter ordinances filed during the 12 months prior to July 1.
66.01(3a) (3a) Every charter ordinance enacted under s. 66.01, 1943 stats., which was adopted by the governing body prior to December 31, 1944, and which also was published prior to that date in the official newspaper of the city or village, or, if there was none, in a newspaper having general circulation in the city or village, shall be valid as of the date of the original publication notwithstanding the failure to publish the ordinance under s. 10.43 (5) and (6), 1943 stats.
66.01(4) (4) Any city or village may elect in the manner prescribed in this section that the whole or any part of any laws relating to the local affairs and government of such city or village other than such enactments of the legislature of statewide concern as shall with uniformity affect every city or every village shall not apply to such city or village, and thereupon such laws or parts thereof shall cease to be in effect in such city or village.
66.01(5) (5) Any city or village by charter ordinance may make the election mentioned in sub. (4) of this section, or enact, amend or repeal the whole or any part of its charter; but such ordinance shall not take effect until 60 days after its passage and publication. If within such 60 days a petition conforming to the requirements of s. 8.40 signed by a number of electors of the city or village equal to not less than 7% of the votes cast therein for governor at the last general election shall be filed in the office of the clerk of said city or village demanding that such ordinance be submitted to a vote of the electors it shall not take effect until submitted to a referendum and approved by a majority of the electors voting thereon. Said petition and the proceedings for its submission shall be governed by s. 9.20 (2) to (6).
66.01(6) (6) Any charter ordinance may be initiated in the manner provided in s. 9.20 (1) to (6), but alternative adoption thereof by the legislative body shall be subject to referendum as provided in sub. (5) of this section.
66.01(7) (7) Any charter ordinance may be submitted to a referendum by the legislative body, in the manner prescribed in s. 9.20 (4) to (6), without initiative petition, and shall become effective when approved by a majority of the electors voting thereon.
66.01(8) (8) Every charter, charter amendment or charter ordinance enacted or approved by a vote of the electors shall control and prevail over any prior or subsequent act of the legislative body of the city or village. Whenever the electors of any city or village by a majority vote have adopted or determined to continue to operate under either ch. 62 or 64, or have determined the method of selection of members of the governing board, the question shall not again be submitted to the electors, nor action taken thereon within a period of 2 years. Any election to change or amend the charter of any city or village, other than a special election as provided in s. 9.20 (4), shall be held at the time provided by statute for holding the spring election.
66.01(9) (9) The legislative body of any city or village, by resolution adopted by a two-thirds vote of its members-elect may, and upon petition complying with s. 9.20 shall, submit to the electors in the manner prescribed in s. 9.20 (4) to (6) the question of holding a charter convention under one or more plans proposed in said resolution or petition.
66.01(10) (10) The ballot shall be in substantially the following form:
Shall a charter convention be held?
YES ⍽ NO ⍽
If a charter convention be held what plan do you favor?
PLAN 1 ⍽ PLAN 2 ⍽
[Repeat for each plan proposed.]
Mark an [X] in the square to the RIGHT of the plan you select.
If a majority of the electors voting thereon vote for a charter convention, such convention shall be held pursuant to the plan favored by a majority of the total votes cast for all plans. If no plan receives a majority, the 2 plans receiving the highest number of votes shall be again submitted to the electors and a convention shall thereupon be held pursuant to the plan favored by a majority of the votes cast.
66.01(11) (11) Such charter convention shall have power to adopt a charter or amendments to the existing charter. Such charter or charter amendments adopted by such convention shall be certified, as soon as may be, by the presiding officer and secretary thereof to the city or village clerk and shall thereupon be submitted to the electors in the manner prescribed in s. 9.20 (4) to (6), without the alternative mentioned therein, and shall take effect only when approved by a majority of the electors voting thereon.
66.01(12) (12) Nothing in this section shall be construed to impair the right of cities or villages under existing or future authority to enact ordinances or resolutions other than charter ordinances.
66.01(14) (14) All laws relating to public instruction, under article X, sections 1 to 5, of the constitution, remain and shall continue in force for the establishment, administration and government of the district schools as heretofore, until amended or repealed by the legislature. The term "district schools" as here used, in addition to common schools includes, among others, any and all public high schools, trade schools, technical colleges, auxiliary departments for instruction of pupils who are deaf or of impaired speech or blind, and truancy or parental schools.
66.01(15) (15)Sections 62.13 and 62.50 and chapter 589, laws of 1921, and chapter 423, laws of 1923, shall be construed as enactments of statewide concern for the purpose of providing uniform regulation of police and fire departments.
66.01(16) (16) Any village having a population of 1,000 or more may proceed under this section to organize as a city of the appropriate class. The village may by charter or charter ordinance adopted under this section elect not to be governed by ch. 62 or this chapter in whole or in part or may create such system of government as is deemed by the village to be most appropriate for its situation. The charter or charter ordinance may include provision for the following, without limitation because of enumeration: method of election of members of the council by districts, at-large or by a combination of methods, procedure for election of the first common council, creation and selection of all administrative officers, departments, boards and commissions, powers and duties of all officers, boards and commissions and terms of office. The charter or charter ordinance shall not alter those provisions of ch. 62 dealing with police and fire departments or chs. 115 to 121 dealing with education. Any village incorporated after August 12, 1959, may not become a city under this subsection unless it meets the standards for incorporation in ss. 66.015 and 66.016.
66.01 Annotation Charter ordinance must be legislative in character before it can be validly initiated by direct legislation. Save Our Paramedics v. Appleton, 131 W (2d) 366, 389 NW (2d) 43 (Ct. App. 1986).
66.01 Annotation The city of Milwaukee cannot, by charter ordinance, adopt 62.13 (5) (b), Stats. 1967, since 62.13 deals with a subject of state-wide concern; it cannot do so under 62.03 since that requires the adoption of whole sections. 58 Atty. Gen. 59.
66.012 66.012 Towns may become cities.
66.012(1) (1)Petition. Whenever the resident population of any town exceeds 5,000 as shown by the last federal census or by a census herein provided for and is adjacent to a city of the first class and contains an equalized valuation in excess of $20,000,000 and a petition has been presented and signed by 100 or more persons, each an elector and taxpayer of said town, and, in addition thereto, said petition contains the signatures of at least one-half of the owners of real estate in said town which petition requests submission of the question to the electors of the town and is filed with the clerk of the town, the procedure for becoming a fourth class city is initiated.
66.012(2) (2)Referendum. At the next regular meeting of the town board, said town board by resolution shall provide for a referendum by the electors of said town. The resolution shall observe the requirements of s. 5.15 (1) and (2) and shall determine the numbers and boundaries of each ward of the proposed city, the time of voting, which shall not be earlier than 6 weeks after the adoption of said resolution and said resolution may direct that a census be taken of the resident population of such territory as it may be on some day not more than 10 weeks previous to the date of the election, exhibiting the name of every head of a family and the name of every person a resident in good faith of such territory on such day, and the lot or quarter section of land on which that person resides, which shall be verified by the affidavit of the person taking the same affixed thereto.
66.012(3) (3)Notice of referendum. Notice of the referendum shall be given by publication of the resolution in a newspaper published in such town, if there be one, otherwise in a newspaper designated in the resolution, once a week for 4 successive weeks, the first publication to be not more than 4 weeks before the referendum.
66.012(4) (4)Voting procedure. The referendum shall be conducted in the same manner as elections for supervisors of the town board. The question appearing on the ballot shall be "Shall the town of .... become a 4th class city?". Below the question shall appear 2 squares. To the left of one square shall appear the words "For a city" and to the left of the other square shall appear the words "Against a city". The inspectors shall make a return to the clerk of such town.
66.012(5) (5)Certificate of incorporation. If a majority of the votes are cast in favor of a city the clerk shall certify the fact to the secretary of state, together with the result of the census if any, and 4 copies of a description of the legal boundaries of the town and 4 copies of a plat thereof, whereupon the secretary of state shall issue a certificate of incorporation, and record the same in a book kept for that purpose. Two copies of the description and plat shall be forwarded by the secretary of state to the department of transportation and one copy to the department of revenue.
66.012(6) (6)City powers. Every city thus incorporated shall thenceforth be a body corporate and politic, with the powers and privileges of a municipal corporation at common law and conferred by ch. 62.
66.012(7) (7)Existing ordinances.
66.012(7)(a)(a) Ordinances in force in the territory or any part thereof, so far as not inconsistent with ch. 62, shall continue in force until altered or repealed.
66.012(7)(b) (b) A county shoreland zoning ordinance enacted under s. 59.692 that is in force in any part of the territory shall continue in force until altered under s. 59.692 (7) (ad).
66.012(8) (8)Interim officers. All officers of the town embracing the territory thus incorporated as a city shall continue in their powers and duties as theretofore until the first meeting of the common council at which a quorum is present. Until a city clerk shall have been chosen and qualified all oaths of office and other papers shall be filed with the clerk, with whom the petition was filed, who shall deliver them with the petition to the city clerk when the city clerk shall have qualified.
66.012(9) (9)First city election. Within 10 days after incorporation of the city, the board with the clerk of which the petition was filed shall fix a time for the first city election, designate the polling place or places, and name 3 inspectors of election for each place. Ten days' previous notice of the election shall be given by the clerk by publication in the newspapers selected under sub. (3) and by posting notices in 3 public places in the city. Failure to give such notice does not invalidate the election. The election shall be conducted as is prescribed by chs. 5 to 12, except that no registration of voters shall be required. The inspectors shall make returns to the board which shall, within one week after the election, canvass the returns and declare the result. The clerk shall notify the officers-elect and issue certificates of election. If the first election is on the first Tuesday in April the officers so elected shall commence and hold their offices as for a regular term, as shall also their appointees. Otherwise they shall commence within 10 days and hold until the regular city election and the qualification of their successors, and the term of their appointees shall expire as soon as successors qualify.
66.012 History History: 1971 c. 304; 1977 c. 29 s. 1654 (8) (c); 1979 c. 89; 1981 c. 4 s. 19; 1981 c. 377; 1983 a. 532 s. 11; Stats. 1983 s. 66.012; 1991 a. 316; 1993 a. 329; 1995 a. 16 s. 2; 1995 a. 201.
66.012 Annotation See note to 808.03, citing In re Incorporation of Town of Fitchburg, 98 W (2d) 635, 299 NW (2d) 199 (1980).
66.012 Annotation See note to 62.05 citing City of Madison v. Town of Fitchburg, 112 W (2d) 224, 332 NW (2d) 782 (1983).
66.012 Annotation "Adjacent" under (1) means "contiguous", not "near". City of Waukesha v. Salbashian, 128 W (2d) 334, 382 NW (2d) 52 (1986).
66.013 66.013 Incorporation of villages and cities; purpose and definitions.
66.013(1)(1)Purpose. It is declared to be the policy of this state that the development of territory from town to incorporated status proceed in an orderly and uniform manner and that toward this end each proposed incorporation of territory as a village or city be reviewed as provided in ss. 66.013 to 66.019 to assure compliance with certain minimum standards which take into account the needs of both urban and rural areas.
66.013(2) (2)Definitions. As used in ss. 66.013 to 66.019 unless the context requires otherwise:
66.013(2)(a) (a) "Department" means the department of commerce.
66.013(2)(b) (b) "Population" means the population of a local unit as shown by the last federal census or by any subsequent population estimate certified as acceptable by the department.
66.013(2)(c) (c) "Metropolitan community" means the territory consisting of any city having a population of 25,000 or more, or any 2 incorporated municipalities whose boundaries are within 5 miles of each other whose populations aggregate 25,000, plus all the contiguous area which has a population density of 100 persons or more per square mile, or which the department has determined on the basis of population trends and other pertinent facts will have a minimum density of 100 persons per square mile within 3 years.
66.013(2)(d) (d) "Metropolitan municipality" means any existing or proposed village or city entirely or partly within a metropolitan community.
66.013(2)(e) (e) "Isolated municipality" means any existing or proposed village or city entirely outside any metropolitan community at the time of its incorporation.
66.013 History History: 1977 c. 29; 1979 c. 361 s. 112; 1991 a. 39; 1995 a. 27 ss. 3306 and 9116 (5).
66.014 66.014 Procedure for incorporation of villages and cities.
66.014(1)(1)Notice of intention. At least 10 days and not more than 20 days before the circulation of an incorporation petition, a notice setting forth that the petition is to be circulated and including an accurate description of the territory involved shall be published within the county in which said territory is located as a class 1 notice, under ch. 985.
66.014(2) (2)Petition.
66.014(2)(a)(a) The petition for incorporation of a village or city shall be in writing signed by 50 or more persons who are both electors and freeholders in the territory to be incorporated if the population of the proposed village or city includes 300 or more persons; otherwise by 25 or more such electors and freeholders.
66.014(2)(b) (b) The petition shall be addressed to and filed with the circuit court of a county in which all or a major part of the territory to be incorporated is located; and the incorporation petition shall be void unless filed within 6 months of the date of publication of the notice of intention to circulate.
66.014(2)(c) (c) The petition shall designate a representative of the petitioners, and an alternate, who shall be an elector or freeholder in the territory, and state that person's address; describe the territory to be incorporated with sufficient accuracy to determine its location and have attached thereto a scale map reasonably showing the boundaries thereof; specify the current resident population of the territory by number in accordance with the definition given in s. 66.013 (2) (b); set forth facts substantially establishing the standards for incorporation required herein; and request the circuit court to order a referendum and to certify the incorporation of the village or city when it is found that all requirements have been met.
66.014(2)(e) (e) No person who has signed a petition shall be permitted to withdraw his or her name therefrom. No additional signatures shall be added after a petition is filed.
66.014(2)(f) (f) The circulation of the petition shall commence not less than 10 days nor more than 20 days after the date of publication of the notice of intention to circulate.
66.014(3) (3)Hearing; costs.
66.014(3)(a)(a) Upon the filing of the petition the circuit court shall by order fix a time and place for a hearing giving preference to such hearing over other matters on the court calendar.
66.014(3)(b) (b) The court may in its discretion by order allow costs and disbursements as provided for actions in circuit court in any proceeding under this subsection.
66.014(3)(c) (c) The court may in its discretion, upon notice to all parties who have appeared in the hearing and after a hearing thereon, order the petitioners or any of the opponents to post bond in such amount as it deems sufficient to cover such disbursements.
66.014(4) (4)Notice.
66.014(4)(a)(a) Notice of the filing of the petition and of the date of the hearing thereon before the circuit court shall be published in the territory to be incorporated, as a class 2 notice, under ch. 985, and given by certified or registered mail to the clerk of each town in which the territory is located and to the clerk of each metropolitan municipality of the metropolitan community in which the territory is located. The mailing shall be not less than 10 days prior to the time set for the hearing.
66.014(4)(b) (b) The notice shall contain:
66.014(4)(b)1. 1. A description of the territory sufficiently accurate to determine its location and a statement that a scale map reasonably showing the boundaries of the territory is on file with the circuit court.
66.014(4)(b)2. 2. The name of each town in which the territory is located.
66.014(4)(b)3. 3. The name and post-office address of the representative of the petitioners.
66.014(5) (5)Parties. Any governmental unit entitled to notice pursuant to sub. (4), any school district which lies at least partly in the territory or any other person found by the court to be a party in interest may become a party to the proceeding prior to the time set for the hearing.
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This is an archival version of the Wis. Stats. database for 1995. See Are the Statutes on this Website Official?