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If a majority of the electors voting vote for a charter convention, the 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 be held pursuant to the plan favored by a majority of the votes cast.
A charter convention may adopt a charter or amendments to the existing charter. The charter or charter amendments adopted by the convention shall be certified, as soon as practicable, by the presiding officer and secretary of the convention to the city or village clerk and shall be submitted to the electors as provided under s. 9.20 (4)
, without the alternative provided in s. 9.20 (4)
, and take effect when approved by a majority of the electors voting.
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.
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)
, 1943 stats.
History: 1999 a. 150
; Stats. 1999 s. 66.0101; 2011 a. 32
A charter ordinance must be legislative in character before it can be validly initiated by direct legislation. Save Our Fire Department Paramedics Committee v. Appleton, 131 Wis. 2d 366
, 389 N.W.2d 43
(Ct. App. 1986).
The city of Milwaukee cannot, by charter ordinance, adopt s. 62.13 (5) (b) since s. 62.13 deals with a subject of state-wide concern; it cannot do so under s. 62.03 since that requires the adoption of whole statute sections. 58 Atty. Gen. 59.
Code of ordinances. 66.0103(1)
The governing body of a city, village, town or county may authorize the preparation of a code of some or all of its general ordinances. The code may be enacted by an ordinance that incorporates the code by reference. A copy of the code shall be available for public inspection not less than 2 weeks before it is enacted. After the code is enacted, a copy shall be maintained and available for public inspection in the office of the city, village, town or county clerk.
History: 1999 a. 150
There is a 4-part test in evaluating whether a municipality may regulate a matter of state-wide concern: 1) whether the legislature has expressly withdrawn the power of municipalities to act; 2) whether the ordinance logically conflicts with the state legislation; 3) whether the ordinance defeats the purpose of the state legislation; or 4) whether the ordinance goes against the spirit of the state legislation. Anchor Savings and Loan Association v. Madison EOC, 120 Wis. 2d 391
, 395-97, 355 N.W.2d 234
The scope of legislative activity covered by “ordinances” and “resolutions” extends to formal and informal enactments that address matters both general and specific in a manner meant to be either temporary or permanent and that can be characterized as administrative or otherwise, regardless of how they may be denominated. There is no legislative action a municipality could take that would not come within the ambit of ordinance or resolution. If a statute removes the authority of a municipality's governing body to adopt an ordinance or resolution on a particular subject, the governing body loses all legislative authority on that subject. Wisconsin Carry, Inc. v. City of Madison, 2017 WI 19
, 373 Wis. 2d 543
, 892 N.W.2d 233
Prohibiting ordinances that place certain limits or requirements on a landlord. 66.0104(2)(a)(a)
No city, village, town, or county may enact an ordinance that places any of the following limitations on a residential landlord:
Prohibits a landlord from, or places limitations on a landlord with respect to, obtaining and using or attempting to obtain and use any of the following information with respect to a tenant or prospective tenant:
Court records, including arrest and conviction records, to which there is public access.
Limits how far back in time a prospective tenant's credit information, conviction record, or previous housing may be taken into account by a landlord.
Prohibits a landlord from, or places limitations on a landlord with respect to, entering into a rental agreement for a premises with a prospective tenant during the tenancy of the current tenant of the premises.
Prohibits a landlord from, or places limitations on a landlord with respect to, showing a premises to a prospective tenant during the tenancy of the current tenant of the premises.
No city, village, town, or county may enact an ordinance that places requirements on a residential landlord with respect to security deposits or earnest money or pretenancy or posttenancy inspections that are additional to the requirements under administrative rules related to residential rental practices.
No city, village, town, or county may enact an ordinance that limits a residential tenant's responsibility, or a residential landlord's right to recover, for any damage or waste to, or neglect of, the premises that occurs during the tenant's occupancy of the premises, or for any other costs, expenses, fees, payments, or damages for which the tenant is responsible under the rental agreement or applicable law.
No city, village, town, or county may enact an ordinance that requires a landlord to communicate to tenants any information that is not required to be communicated to tenants under federal or state law.
b. Subdivision 1. a.
does not apply to an ordinance that has a reasonable and clearly defined objective of regulating the manufacture of illegal narcotics.
No city, village, town, or county may enact an ordinance that requires a landlord to communicate to the city, village, town, or county any information concerning the landlord or a tenant, unless any of the following applies:
The information is required of all residential real property owners.
The information is solely information that will enable a person to contact the owner or, at the option of the owner, an agent of the owner.
No city, village, town, or county may enact an ordinance that does any of the following:
Requires that a rental property or rental unit be inspected except upon a complaint by any person, as part of a program of regularly scheduled inspections conducted in compliance with s. 66.0119
, as applicable, or as required under state or federal law.
Charges a fee for conducting an inspection of a residential rental property unless all of the following are satisfied:
The amount of the fee is uniform for residential rental inspections.
The fee is charged at the time that the inspection is actually performed.
Charges a fee for a subsequent reinspection of a residential rental property that is more than twice the fee charged for an initial reinspection.
Except as provided in this subdivision, requires that a rental property or rental unit be certified, registered, or licensed. A city, village, town, or county may require that a rental unit be registered if the registration consists only of providing the name of the owner and an authorized contact person and an address and telephone number at which the contact person may be contacted.
No city, village, town, or county may impose an occupancy or transfer of tenancy fee on a rental unit.
Except as provided in subds. 2.
, no city, village, town, or county may enact an ordinance that requires a residential rental property owner to register or obtain a certification or license related to owning or managing the residential rental property.
2. Subdivision 1.
does not apply to an ordinance that applies uniformly to all residential rental property owners, including owners of owner-occupied rental property.
3. Subdivision 1.
does not prohibit a city, village, town, or county from requiring that a landlord be registered if the registration consists only of providing the name of the landlord and an authorized contact person and an address and telephone number at which the contact person may be contacted.
If a city, village, town, or county has in effect on December 21, 2011, an ordinance that is inconsistent with sub. (2) (a)
, the ordinance does not apply and may not be enforced.
If a city, village, town, or county has in effect on March 1, 2014, an ordinance that is inconsistent with sub. (2) (c)
, the ordinance does not apply and may not be enforced.
If a city, village, town, or county has in effect on March 2, 2016, an ordinance that is inconsistent with sub. (2) (e)
, or (g)
, the ordinance does not apply and may not be enforced.
Sub. (2) (d) 1. a. preempted a provision in an ordinance requiring landlords to notify tenants of city inspections under the city's inspection and registration program; it does not stop local governments from implementing rental housing inspection and registration programs as part of a housing code, let alone preclude other substantive housing code regulations. Olson v. City of La Crosse, 2015 WI App 67
, 364 Wis. 2d 615
, 869 N.W.2d 337
Jurisdiction of overlapping extraterritorial powers.
The extraterritorial powers granted to cities and villages by statute, including ss. 30.745
, 62.23 (2)
, may not be exercised within the corporate limits of another city or village. Wherever these statutory extraterritorial powers overlap, the jurisdiction over the overlapping area shall be divided on a line all points of which are equidistant from the boundaries of each municipality concerned so that not more than one municipality shall exercise power over any area.
History: 1981 c. 222
; 1993 a. 27
; 1999 a. 150
; Stats. 1999 s. 66.0105.
Power of municipalities to prohibit criminal conduct. 66.0107(1)(1)
The board or council of any town, village or city may:
Prohibit all forms of gambling and fraudulent devices and practices.
Seize anything devised solely for gambling or found in actual use for gambling and destroy the device after a judicial determination that it was used solely for gambling or found in actual use for gambling.
Enact and enforce an ordinance to prohibit the possession of marijuana, as defined in s. 961.01 (14)
, subject to the exceptions in s. 961.41 (3g) (intro.)
, and provide a forfeiture for a violation of the ordinance; except that if a complaint is issued regarding an allegation of possession of more than 25 grams of marijuana, or possession of any amount of marijuana following a conviction in this state for possession of marijuana, the subject of the complaint may not be prosecuted under this paragraph for the same action that is the subject of the complaint unless the charges are dismissed or the district attorney declines to prosecute the case.
Enact and enforce an ordinance to prohibit the possession of a controlled substance specified in s. 961.14 (4) (tb)
and provide a forfeiture for a violation of the ordinance, except that if a complaint is issued regarding an allegation of possession of a controlled substance specified in s. 961.14 (4) (tb)
following a conviction in this state for possession of a controlled substance, the subject of the complaint may not be prosecuted under this paragraph for the same action that is the subject of the complaint unless the charges are dismissed or the district attorney declines to prosecute the case.
Except as provided in sub. (3)
, nothing in this section may be construed to preclude cities, villages and towns from prohibiting conduct which is the same as or similar to that prohibited by chs. 941
The board or council of a city, village or town may not, by ordinance, prohibit conduct which is the same as or similar to conduct prohibited by s. 944.21
Penalties under county and municipal ordinances.
If a statute requires that the penalty under any county or municipal ordinance conform to the penalty provided by statute the ordinance may impose only a forfeiture and may provide for imprisonment if the forfeiture is not paid.
History: 1971 c. 278
; 1999 a. 150
; Stats. 1999 s. 66.0109.
Bond or cash deposit under municipal ordinances. 66.0111(1)(1)
If a person is arrested for the violation of a city, village or town ordinance and the action is to be in circuit court, the chief of police or police officer designated by the chief, marshal or clerk of court may accept from the person a bond, in an amount not to exceed the maximum penalty for the violation, with sufficient sureties, or a cash deposit, for appearance in the court having jurisdiction of the offense. A receipt shall be issued for the bond or cash deposit.
If the person released fails to appear, personally or by an authorized attorney or agent, before the court at the time fixed for hearing the case, the bond and money deposited, or an amount that the court determines to be an adequate penalty, plus costs, including any applicable fees prescribed in ch. 814
, may be declared forfeited by the court or may be ordered applied to the payment of any penalty which is imposed after an ex parte hearing, together with the costs. In either event, any surplus shall be refunded to the person who made the deposit.
This subsection does not apply to violations of parking ordinances. Bond or cash deposit given for appearance to answer a charge under any parking ordinance may be forfeited in the manner determined by the governing body.
This section shall not be construed as a limitation upon the general power of cities, villages and towns in all cases of alleged violations of city, village or town ordinances to authorize the acceptance of bonds or cash deposits or upon the general power to accept stipulations for forfeiture of bonds or deposits or pleas where arrest was had without warrant or where action has not been started in court.
This section does not apply to ordinances enacted under ch. 349
A defendant arrested for an ordinance violation has the option to post either the required bond or the permitted cash bail. City of Madison v. Ricky Two Crow, 88 Wis. 2d 156
, 276 N.W.2d 359
(Ct. App. 1979).
Citations for certain ordinance violations. 66.0113(1)(a)(a)
Except as provided in sub. (5)
, the governing body of a county, town, city, village, town sanitary district or public inland lake protection and rehabilitation district may by ordinance adopt and authorize the use of a citation under this section to be issued for violations of ordinances, including ordinances for which a statutory counterpart exists.
An ordinance adopted under par. (a)
shall prescribe the form of the citation which shall provide for the following:
The factual allegations describing the alleged violation.