66.1341 Towns to have certain city powers.
Ch. 66 Note
NOTE: Chapter 66 was substantially renumbered and revised by
1999 Wis. Act 150. Extensive explanatory notes are contained in the act. A conversion table showing the location of the prior statutes in the new chapter is located at the end of this chapter.
GENERAL POWERS; ADMINISTRATION
66.0101
66.0101
Home rule; manner of exercise. 66.0101(1m)
(1m) In this section, "charter ordinance" means an ordinance that enacts, amends or repeals the charter, or any part of the charter, of a city or village or that makes the election under
sub. (4).
66.0101(2)(a)(a) A city or village may enact a charter ordinance. A charter ordinance shall be designated as a charter ordinance, requires a two-thirds vote of the members-elect of the legislative body of the city or village, and is subject to referendum as provided in this section.
66.0101(2)(b)
(b) A charter ordinance that amends or repeals a city or village charter shall designate specifically the portion of the charter that is amended or repealed. A charter ordinance that makes the election under
sub. (4) shall designate specifically each enactment of the legislature or portion of the enactment that is made inapplicable to the city or village by the election.
66.0101(3)
(3) A charter ordinance shall be published as a class 1 notice, under
ch. 985, and shall be recorded by the clerk in a permanent book kept for that purpose, with a statement of the manner of its adoption. A certified copy of the charter ordinance shall be filed by the 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 the index of charter ordinances filed during the 12 months prior to July 1.
66.0101(4)
(4) A city or village may elect under this section that any law relating to the local affairs and government of the city or village other than those enactments of the legislature of statewide concern as shall with uniformity affect every city or every village shall not apply to the city or village, and when the election takes effect, the law ceases to be in effect in the city or village.
66.0101(5)
(5) A charter ordinance does not take effect until 60 days after its passage and publication. If within the 60-day period a petition conforming to the requirements of
s. 8.40 and signed by a number of electors of the city or village equal to not less than 7% of the votes cast in the city or village for governor at the last general election is filed in the office of the clerk of the city or village demanding that the ordinance be submitted to a vote of the electors, it may not take effect until it is submitted to a referendum and approved by a majority of the electors voting in the referendum. The petition and the proceedings for its submission are governed by
s. 9.20 (2) to
(6).
66.0101(6)
(6) A charter ordinance may be initiated under
s. 9.20 (1) to
(6), but alternative adoption of the charter ordinance by the legislative body is subject to referendum under
sub. (5).
66.0101(7)
(7) A charter ordinance may be submitted to a referendum by the legislative body, under
s. 9.20 (4) to
(6), without initiative petition, and becomes effective when approved by a majority of the electors voting in the referendum.
66.0101(8)
(8) A charter ordinance enacted or approved by a vote of the electors controls over any prior or subsequent act of the legislative body of the city or village. If 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 on the question, 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.
66.0101(9)(a)(a) The legislative body of a 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 under
s. 9.20 (4) to
(6) the question of holding a charter convention under one or more plans proposed in the resolution or petition.
66.0101(9)(b)
(b) The ballot shall be in substantially the following form:
Shall a charter convention be held?
YES⍽ NO ⍽
If a charter convention is 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 that you select.
66.0101(9)(c)
(c) 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.
66.0101(9)(d)
(d) 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) to
(6), without the alternative provided in
s. 9.20 (4) to
(6), and take effect when approved by a majority of the electors voting.
66.0101(10)
(10) 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.
66.0101(12)
(12) 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.
66.0101 History
History: 1999 a. 150 ss.
18 to
27; Stats. 1999 s. 66.0101.
66.0101 Annotation
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).
66.0101 Annotation
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.
66.0103
66.0103
Code of ordinances. 66.0103(1)(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.
66.0103 History
History: 1999 a. 150.
66.0105
66.0105
Jurisdiction of overlapping extraterritorial powers. The extraterritorial powers granted to cities and villages by statute, including
ss. 30.745,
62.23 (2) and
(7a),
66.0415,
236.10 and
254.57, 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.
66.0105 History
History: 1981 c. 222 s.
2;
1993 a. 27;
1999 a. 150 s.
368; Stats. 1999 s. 66.0105.
66.0107
66.0107
Power of municipalities to prohibit criminal conduct. 66.0107(1)(1) The board or council of any town, village or city may:
66.0107(1)(a)
(a) Prohibit all forms of gambling and fraudulent devices and practices;
66.0107(1)(b)
(b) 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; and
66.0107(1)(bm)
(bm) Enact and enforce an ordinance to prohibit the possession of 25 grams or less 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 any person who is charged with possession of more than 25 grams of marijuana, or who is charged with possession of any amount of marijuana following a conviction for possession of marijuana, in this state shall not be prosecuted under this paragraph.
66.0107(2)
(2) 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 to
948.
66.0107(3)
(3) 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.
66.0109
66.0109
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.
66.0109 History
History: 1971 c. 278;
1999 a. 150 s.
272; Stats. 1999 s. 66.0109.
66.0111
66.0111
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.
66.0111(2)(a)(a) 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.
66.0111(2)(b)
(b) 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.
66.0111(3)
(3) 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.
66.0111(4)
(4) This section does not apply to ordinances enacted under
ch. 349.
66.0111 Annotation
A defendant has the option under 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).
66.0113
66.0113
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.
66.0113(1)(b)
(b) An ordinance adopted under
par. (a) shall prescribe the form of the citation which shall provide for the following:
66.0113(1)(b)2.
2. The factual allegations describing the alleged violation.
66.0113(1)(b)5.
5. A designation of the offense in a manner that can be readily understood by a person making a reasonable effort to do so.
66.0113(1)(b)6.
6. The time at which the alleged violator may appear in court.
66.0113(1)(b)7.
7. A statement which in essence informs the alleged violator:
66.0113(1)(b)7.a.
a. That the alleged violator may make a cash deposit of a specified amount to be mailed to a specified official within a specified time.
66.0113(1)(b)7.b.
b. That if the alleged violator makes such a deposit, he or she need not appear in court unless subsequently summoned.
66.0113(1)(b)7.c.
c. That, if the alleged violator makes a cash deposit and does not appear in court, he or she either will be deemed to have tendered a plea of no contest and submitted to a forfeiture, a penalty assessment imposed by
s. 757.05, a jail assessment imposed by
s. 302.46 (1), a crime laboratories and drug law enforcement assessment imposed by
s. 165.755, any applicable consumer protection assessment imposed by
s. 100.261, and any applicable domestic abuse assessment imposed by
s. 973.055 (1) not to exceed the amount of the deposit or will be summoned into court to answer the complaint if the court does not accept the plea of no contest.
66.0113(1)(b)7.d.
d. That, if the alleged violator does not make a cash deposit and does not appear in court at the time specified, the court may issue a summons or a warrant for the defendant's arrest or consider the nonappearance to be a plea of no contest and enter judgment under
sub. (3) (d), or the municipality may commence an action against the alleged violator to collect the forfeiture, the penalty assessment imposed by
s. 757.05, the jail assessment imposed by
s. 302.46 (1), the crime laboratories and drug law enforcement assessment imposed by
s. 165.755, any applicable consumer protection assessment imposed by
s. 100.261, and any applicable domestic abuse assessment imposed by
s. 973.055 (1).
66.0113(1)(b)7.e.
e. That if the court finds that the violation involves an ordinance that prohibits conduct that is the same as or similar to conduct prohibited by state statute punishable by fine or imprisonment or both, and that the violation resulted in damage to the property of or physical injury to a person other than the alleged violator, the court may summon the alleged violator into court to determine if restitution shall be ordered under
s. 800.093.
66.0113(1)(b)8.
8. A direction that if the alleged violator elects to make a cash deposit, the alleged violator shall sign an appropriate statement which accompanies the citation to indicate that he or she read the statement required under
subd. 7. and shall send the signed statement with the cash deposit.
66.0113(1)(c)
(c) An ordinance adopted under
par. (a) shall contain a schedule of cash deposits that are to be required for the various ordinance violations, and for the penalty assessment imposed by
s. 757.05, the jail assessment imposed by
s. 302.46 (1), the crime laboratories and drug law enforcement assessment imposed by
s. 165.755, any applicable consumer protection assessment imposed by
s. 100.261, and any applicable domestic abuse assessment imposed by
s. 973.055 (1), for which a citation may be issued. The ordinance shall also specify the court, clerk of court or other official to whom cash deposits are to be made and shall require that receipts be given for cash deposits.
66.0113(2)(a)(a) Citations authorized under this section may be issued by law enforcement officers of the county, town, city, village, town sanitary district or public inland lake protection and rehabilitation district. In addition, the governing body of a county, town, city, village, town sanitary district or public inland lake protection and rehabilitation district may designate by ordinance or resolution other county, town, city, village, town sanitary district or public inland lake protection and rehabilitation district officials who may issue citations with respect to ordinances which are directly related to the official responsibilities of the officials. Officials granted the authority to issue citations may delegate, with the approval of the governing body, the authority to employees. Authority delegated to an official or employee shall be revoked in the same manner by which it is conferred.
66.0113(2)(b)
(b) The issuance of a citation by a person authorized to do so under
par. (a) shall be deemed adequate process to give the appropriate court jurisdiction over the subject matter of the offense for the purpose of receiving cash deposits, if directed to do so, and for the purposes of
sub. (3) (b) and
(c). Issuance and filing of a citation does not constitute commencement of an action. Issuance of a citation does not violate
s. 946.68.
66.0113(3)
(3) Violator's options; procedure on default. 66.0113(3)(a)(a) The person named as the alleged violator in a citation may appear in court at the time specified in the citation or may mail or deliver personally a cash deposit in the amount, within the time and to the court, clerk of court or other official specified in the citation. If a person makes a cash deposit, the person may nevertheless appear in court at the time specified in the citation, but the cash deposit may be retained for application against any forfeiture, restitution, penalty assessment, jail assessment, crime laboratories and drug law enforcement assessment, consumer protection assessment, or domestic abuse assessment that may be imposed.
66.0113(3)(b)
(b) If a person appears in court in response to a citation, the citation may be used as the initial pleading, unless the court directs that a formal complaint be made, and the appearance confers personal jurisdiction over the person. The person may plead guilty, no contest or not guilty. If the person pleads guilty or no contest, the court shall accept the plea, enter a judgment of guilty and impose a forfeiture, the penalty assessment imposed by
s. 757.05, the jail assessment imposed by
s. 302.46 (1), the crime laboratories and drug law enforcement assessment imposed by
s. 165.755, any applicable consumer protection assessment imposed by
s. 100.261, and any applicable domestic abuse assessment imposed by
s. 973.055 (1). If the court finds that the violation meets the conditions in
s. 800.093 (1), the court may order restitution under
s. 800.093. A plea of not guilty shall put all matters in the case at issue, and the matter shall be set for trial.
66.0113(3)(c)
(c) If the alleged violator makes a cash deposit and fails to appear in court, the citation may serve as the initial pleading and the violator shall be considered to have tendered a plea of no contest and submitted to a forfeiture, the penalty assessment imposed by
s. 757.05, the jail assessment imposed by
s. 302.46 (1), the crime laboratories and drug law enforcement assessment imposed by
s. 165.755, any applicable consumer protection assessment imposed by
s. 100.261, and any applicable domestic abuse assessment imposed by
s. 973.055 (1) not exceeding the amount of the deposit. The court may either accept the plea of no contest and enter judgment accordingly or reject the plea. If the court finds the violation meets the conditions in
s. 800.093 (1), the court may summon the alleged violator into court to determine if restitution shall be ordered under
s. 800.093. If the court accepts the plea of no contest, the defendant may move within 10 days after the date set for the appearance to withdraw the plea of no contest, open the judgment, and enter a plea of not guilty if the defendant shows to the satisfaction of the court that the failure to appear was due to mistake, inadvertence, surprise, or excusable neglect. If the plea of no contest is accepted and not subsequently changed to a plea of not guilty, no costs or fees may be taxed against the violator, but a penalty assessment, a jail assessment, a crime laboratories and drug law enforcement assessment and, if applicable, a consumer protection assessment or a domestic abuse assessment shall be assessed. If the court rejects the plea of no contest, an action for collection of the forfeiture, penalty assessment, jail assessment, crime laboratories and drug law enforcement assessment, any applicable consumer protection assessment, and any applicable domestic abuse assessment may be commenced. A city, village, town sanitary district, or public inland lake protection and rehabilitation district may commence action under
s. 66.0114 (1) and a county or town may commence action under
s. 778.10. The citation may be used as the complaint in the action for the collection of the forfeiture, penalty assessment, jail assessment, crime laboratories and drug law enforcement assessment, any applicable consumer protection assessment, and any applicable domestic abuse assessment.
66.0113(3)(d)
(d) If the alleged violator does not make a cash deposit and fails to appear in court at the time specified in the citation, the court may issue a summons or warrant for the defendant's arrest or consider the nonappearance to be a plea of no contest and enter judgment accordingly if service was completed as provided under
par. (e) or the county, town, city, village, town sanitary district, or public inland lake protection and rehabilitation district may commence an action for collection of the forfeiture, penalty assessment, jail assessment, and crime laboratories and drug law enforcement assessment, any applicable consumer protection assessment, and any applicable domestic abuse assessment. A city, village, town sanitary district, or public inland lake protection and rehabilitation district may commence action under
s. 66.0114 (1) and a county or town may commence action under
s. 778.10. The citation may be used as the complaint in the action for the collection of the forfeiture, penalty assessment, jail assessment, and crime laboratories and drug law enforcement assessment, any applicable consumer protection assessment, and any applicable domestic abuse assessment. If the court considers the nonappearance to be a plea of no contest and enters judgment accordingly, the court shall promptly mail a copy or notice of the judgment to the defendant. The judgment shall allow the defendant not less than 20 days from the date of the judgment to pay any forfeiture, penalty assessment, jail assessment, and crime laboratories and drug law enforcement assessment, any applicable consumer protection assessment, and any applicable domestic abuse assessment imposed. If the defendant moves to open the judgment within 6 months after the court appearance date fixed in the citation, and shows to the satisfaction of the court that the failure to appear was due to mistake, inadvertence, surprise, or excusable neglect, the court shall reopen the judgment, accept a not guilty plea and set a trial date.
66.0113(3)(e)
(e) A judgment may be entered under
par. (d) if the summons or citation was served as provided under
s. 968.04 (3) (b) 2. or by personal service by a county, town, city, village, town sanitary district or public inland lake protection and rehabilitation district employee.
66.0113(4)
(4) Relationship to other laws. The adoption and authorization for use of a citation under this section does not preclude the governing body from adopting any other ordinance or providing for the enforcement of any other law or ordinance relating to the same or any other matter. The issuance of a citation under this section does not preclude proceeding under any other ordinance or law relating to the same or any other matter. Proceeding under any other ordinance or law relating to the same or any other matter does not preclude the issuance of a citation under this section.
66.0113(5)
(5) Municipal court. If the action is to be in municipal court, the citation under
s. 800.02 (2) shall be used.
