61.34 Annotation
The delegation of village powers to a non-governmental entity is discussed. Save Elkhart Lake v. Elkhart Lake Village,
181 Wis. 2d 778,
512 N.W.2d 202 (Ct. App. 1993).
61.34 Annotation
The state regulatory scheme for tobacco sales preempts municipalities from adopting regulations that are not in strict conformity with those of the state. U.S. Oil, Inc. v. City of Fond du Lac,
199 Wis. 2d 333,
544 N.W.2d 589 (Ct. App. 1995),
95-0213.
61.34 Annotation
It was not a violation of this section, s. 236.45, or the public purpose doctrine for a municipality to assume the dual role of subdivider of property it owned and reviewer of the plat under ch. 236. Town of Beloit v. Rock County, 2001 WI App 256,
249 Wis. 2d 88,
637 N.W.2d 71. Affirmed on other grounds, 2003 WI 8,
259 Wis. 2d 37,
657 N.W.2d 344,
00-1231.
61.34 Annotation
State statutory enabling legislation is required to authorize enactment of typical rent control ordinances. 62 Atty. Gen. 276.
61.34 Annotation
Local units of government may not create and accumulate unappropriated surplus funds.
76 Atty. Gen. 77.
61.34 Annotation
An ordinance authorizing placement of an immobilization device on an automobile is invalid.
77 Atty. Gen. 73.
61.34 Annotation
Conflicts between state statutes and local ordinances in Wisconsin. 1975 WLR 840.
61.342
61.342
Direct legislation. The provisions of
s. 9.20, relating to direct legislation, shall be applicable to villages.
61.342 History
History: 1989 a. 273.
61.345
61.345
Recycling or resource recovery facilities. A village may establish and require use of facilities for the recycling of solid waste or for the recovery of resources from solid waste as provided under
s. 287.13.
61.35
61.35
Village planning. Section 62.23 applies to villages, and the powers and duties conferred and imposed by
s. 62.23 upon mayors, councils and specified city officials are hereby conferred upon presidents, village boards, and village officials performing duties similar to the duties of such specified city officials, respectively. Any ordinance or resolution passed prior to May 30, 1925, by any village board under s.
61.35, 1923 stats., shall remain in effect until repealed or amended by such village board.
61.35 History
History: 1981 c. 390.
61.351
61.351
Zoning of wetlands in shorelands. 61.351(1)
(1)
Definitions. As used in this section:
61.351(2)
(2) Filled wetlands. Any wetlands which are filled prior to the date on which a village receives a final wetlands map from the department of natural resources in a manner which affects their characteristics as wetlands are filled wetlands and not subject to an ordinance adopted under this section.
61.351(2m)
(2m) Certain wetlands on landward side of an established bulkhead line. Any wetlands on the landward side of a bulkhead line, established by the village under
s. 30.11 prior to May 7, 1982 and between that bulkhead line and the ordinary high-water mark are exempt wetlands and not subject to an ordinance adopted under this section.
61.351(3)
(3) Adoption of ordinance. To effect the purposes of
s. 281.31 and to promote the public health, safety and general welfare, each village shall zone by ordinance all unfilled wetlands of 5 acres or more which are shown on the final wetland inventory maps prepared by the department of natural resources for the village under
s. 23.32, which are located in any shorelands and which are within its incorporated area. A village may zone by ordinance any unfilled wetlands which are within its incorporated area at any time.
61.351(4)(a)(a)
Powers and procedures. Except as provided under
sub. (5),
s. 61.35 applies to ordinances and amendments enacted under this section.
61.351(4)(b)
(b)
Impact on other zoning ordinances. If a village ordinance enacted under
s. 61.35 affecting wetlands in shorelands is more restrictive than an ordinance enacted under this section affecting the same lands, it continues to be effective in all respects to the extent of the greater restrictions, but not otherwise.
61.351(5)
(5) Repair and expansion of existing structures permitted. Notwithstanding
s. 62.23 (7) (h), an ordinance adopted under this section may not prohibit the repair, reconstruction, renovation, remodeling or expansion of a nonconforming structure in existence on the effective date of an ordinance adopted under this section or any environmental control facility in existence on the effective date of an ordinance adopted under this section related to that structure.
61.351(6)
(6) Failure to adopt ordinance. If any village does not adopt an ordinance required under
sub. (3) within 6 months after receipt of final wetland inventory maps prepared by the department of natural resources for the village under
s. 23.32, or if the department of natural resources, after notice and hearing, determines that a village adopted an ordinance which fails to meet reasonable minimum standards in accomplishing the shoreland protection objectives of
s. 281.31 (1), the department of natural resources shall adopt an ordinance for the village. As far as applicable, the procedures set forth in
s. 87.30 apply to this subsection.
61.351 History
History: 1981 c. 330;
1995 a. 201,
227.
61.351 Cross-reference
Cross Reference: See also ch.
NR 117, Wis. adm. code.
61.354
61.354
Construction site erosion control and storm water management zoning. 61.354(1)
(1)
Definition. As used in this section, "department" means the department of natural resources.
61.354(2)
(2) Authority to enact ordinance. To effect the purposes of
s. 281.33 and to promote the public health, safety and general welfare, a village may enact a zoning ordinance, that is applicable to all of its incorporated area, for construction site erosion control at sites where the construction activities do not include the construction of a building and for storm water management. This ordinance may be enacted separately from ordinances enacted under
s. 61.35.
61.354(4)
(4) Applicability of village zoning provisions. 61.354(4)(a)(a) Except as otherwise specified in this section,
s. 61.35 applies to any ordinance or amendment to an ordinance enacted under this section.
61.354(4)(b)
(b) Variances and appeals regarding construction site erosion control and storm water management regulations under this section are to be determined by the board of appeals or similar agency for that village. To the extent specified under
s. 61.35, procedures under
s. 62.23 (7) (e) apply to these determinations.
61.354(4)(c)
(c) An ordinance enacted under this section supersedes all provisions of an ordinance enacted under
s. 61.35 that relate to construction site erosion control at sites where the construction activities do not include the construction of a building or to storm water management regulation.
61.354(5)
(5) Applicability of comprehensive zoning plan or general zoning ordinance. Ordinances enacted under this section shall accord and be consistent with any comprehensive zoning plan or general zoning ordinance applicable to the enacting villages, so far as practicable.
61.354(6)
(6) Applicability of local subdivision regulation. All powers granted to a village under
s. 236.45 may be exercised by it with respect to construction site erosion control at sites where the construction activities do not include the construction of a building or with respect to storm water management regulation, if the village has or provides a planning commission or agency.
61.354(7)
(7) Applicability to local governments and agencies. An ordinance enacted under this section is applicable to activities conducted by a unit of local government and an agency of that unit of government. An ordinance enacted under this section is not applicable to activities conducted by an agency, as defined under
s. 227.01 (1) but also including the office of district attorney, which is subject to the state plan promulgated or a memorandum of understanding entered into under
s. 281.33 (2).
61.354(8)(a)(a) Except as provided in
par. (c),
s. 66.0301 applies to this section, but for the purposes of this section any agreement under
s. 66.0301 shall be effected by ordinance.
61.354(8)(b)
(b) If a village is served by a regional planning commission under
s. 66.0309 and if the commission consents, the village may empower the commission by ordinance to administer the ordinance enacted under this section throughout the village, whether or not the area otherwise served by the commission includes all of that village.
61.354(8)(c)
(c) If a village is served by the Dane County Lakes and Watershed Commission, and if the commission consents, the village may empower the commission by ordinance to administer the ordinance enacted under this section throughout the village, whether or not the area otherwise served by the commission includes all of that village.
Section 66.0301 does not apply to this paragraph.
61.36
61.36
Streets, sidewalks, sewers and watercourses. Without limitation because of enumeration, the village board may lay out, open, change, widen or extend roads, streets, alleys, sanitary and storm sewers, water mains, parks and other public grounds, and improve, repair or discontinue the same or any part thereof, including lighting and tree planting, and may establish and open and construct drains, canals or sewers and alter, widen or straighten watercourses; may build, alter, repair or otherwise improve or vacate or discontinue sidewalks and crosswalks; and may build and maintain roads and sidewalks required to connect the village with any transportation terminal or village property outside of its limits.
61.39
61.39
Service pipes and sewers. The provisions of
s. 62.16 (2), relating to service pipes, and
s. 62.18, relating to sewers, shall be applicable to villages.
61.44
61.44
Railroads, dust prevention. The village board may require any railroad company to cause its roadbed within the limits of the village, to a distance of one foot outside each rail, to be sprinkled with water or to be oiled in such manner as to prevent dust from arising therefrom.
61.44 History
History: 1985 a. 187.
61.46
61.46
Village taxes. 61.46(1)(1)
General; limitation. The village board shall, on or before December 15 in each year, by resolution to be entered of record, determine the amount of corporation taxes to be levied and assessed on the taxable property in such village for the current year. Before levying any tax for any specified purpose, exceeding one percent of the assessed valuation aforesaid, the village board shall, and in all other cases may in its discretion, submit the question of levying the same to the village electors at any general or special election by giving 10 days' notice thereof prior to such election by publication in a newspaper published in the village, if any, and if there is none, then by posting notices in 3 public places in said village, setting forth in such notices the object and purposes for which such taxes are to be raised and the amount of the proposed tax. The village board shall file the question as provided in
s. 8.37.
61.46(2)
(2) Highway. The village board shall, at the same time and in like manner, determine the amount, if any, of highway tax to be levied and collected in such village for the current year. Such highway tax shall thereafter be assessed and collected by the village treasurer at the time and in the manner provided for the collection of other village taxes; and such highway tax shall be kept as a separate fund, and shall be expended under the direction of the village board in the improvement of the streets, highways and bridges in said village.
61.47
61.47
Street and sidewalk improvement tax. For the purpose of improving the streets, making and improving sidewalks and crosswalks and setting out shade and ornamental trees in such village, the board may levy a tax in addition to the highway tax provided for in
s. 61.46 (2), and the amount fixed shall be levied, certified and collected as provided in these statutes. All moneys so collected shall be paid to the village treasurer and expended under the direction of the board of trustees.
61.47 History
History: 1985 a. 29.
61.48
61.48
County aid for construction and repair of bridges and culverts. Any village may elect to become subject to all of the provisions of
s. 82.08 by a resolution adopted by a two-thirds majority vote of all of the members of the village board. The election to become subject to
s. 82.08 shall be effective when a certified copy of the resolution is filed with the county board and a majority of the towns and villages in the county that are already subject to
s. 82.08 vote to approve the village's election. Until the village ceases to be subject to
s. 82.08, the words "town" and "town board" as used in
s. 82.08 shall also apply to the village and its village board. A village that has become subject to
s. 82.08 may cease to be subject to that section by the adoption of a resolution and its approval in the same manner as the village became subject to that section.
61.48 History
History: 2003 a. 214 s.
146.
61.48 Note
NOTE: 2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.
61.50
61.50
Ordinances; contracts; other instruments; how executed. 61.50(1)(1)
Publication of ordinances. Every contract, conveyance, commission, license or other written instrument shall be executed on the part of the village by the president and clerk, sealed with corporate seal, and in pursuance only of authority therefor from the village board. All ordinances and bylaws shall be signed by the president and countersigned by the clerk; and, if any penalty or forfeiture is thereby imposed, shall be published as a class 1 notice, under
ch. 985, and shall take effect on the day after its publication or a later date if expressly prescribed. If there is no newspaper published in the village, the village board may in lieu of newspaper publication have copies of said ordinances and bylaws posted in at least 3 public places in said village, and proof thereof filed and recorded by the village clerk, and the same shall take effect the day after the proof of posting has been filed and recorded, or at a later date if expressly provided in the ordinance or bylaw.
61.50(1m)
(1m) Indeterminate publication. When any village ordinance is required by law to be published without express designation therein as to class of notice, it shall be published as a class 1 notice under
ch. 985.
61.50(2)
(2) Entitling of ordinance. All ordinances shall be suitably entitled and in this style: "The village board of .... do ordain as follows". All authorized ordinances and bylaws shall have the force of law and remain in force until repealed.
61.51
61.51
Auditing accounts. 61.51(1)(1) No account or demand against the village shall be paid until it has been audited and allowed and an order drawn on the treasurer therefor. Every such account shall be made out in items. After auditing, which, at the option of the board, may be done by the village manager or such other officer as may be designated, the board shall cause to be endorsed by the clerk, over the clerk's hand on each account, the words "allowed" or "disallowed," as the fact is, adding the amount allowed, if any, and specifying the items or parts of items disallowed, if disallowed in part only. The minutes of the proceedings of the board, or a statement attached thereto, shall show to whom and for what purpose every such account was allowed and the amount. Every such account or demand allowed in whole or in part shall be filed by the clerk, and those of each year consecutively numbered, and have endorsed the number of the order on the treasurer issued in payment, and the clerk shall take a receipt thereon for such order.
61.51(2)
(2) Payment of regular wages or salaries may be by payroll, verified by the proper official, and filed in time for payment on the regular pay day and such payments heretofore made are validated.
61.51(3)
(3) The fiscal year in each village shall be the calendar year.
61.51 Cross-reference
Cross-reference: See s.
66.0609 for an alternative system of approving claims.
61.54
61.54
Bids on improvements. 61.54(1)
(1)
When village may reject and perform work. Whenever any village board shall, after notice duly given, have received bids for the grading of streets, construction of sewers, laying of pavements, sprinkling and cleaning of streets or for any other public work or improvement, or for the furnishing of materials therefor, and be of the opinion that such bids are fraudulent, collusive or greater in amount than the fair reasonable value of the work to be done or materials to be furnished, or if no bids are received, said village board may, by resolution and by the vote of two-thirds of its members, direct, and determine that the bids so received shall be rejected and that the work to be done, and materials to be furnished shall be performed and furnished by said village directly, and under the direction and supervision of the village board.
61.54(2)
(2) Power of board. Whenever the village board of any village shall determine to carry on any public work or construct any improvement under the provisions of this section it shall have the power to purchase and secure all necessary and proper tools and equipment with which to perform the same.
61.54(3)
(3) Special assessment not to exceed lowest bid. The cost and expense of all work done and all materials furnished by any village under this section shall be collected in the same manner as if done and furnished by any other person under contract with said village, and the power to levy special assessments to defray such cost and expense shall be the same as is now, or as hereafter may be provided by law; provided, however, that the amounts assessed hereunder against any lands or interests specially benefited or otherwise liable therefor shall in no case exceed the amounts which would have been assessed against the same had the lowest bid so received as aforesaid been accepted, and that so much of such cost and expense as shall be in excess of such lowest bid shall be borne by said village at large.
61.55
61.55
Contracts involving over $15,000; how let; exception. All contracts for public construction, in any such village, exceeding $15,000, shall be let by the village board to the lowest responsible bidder in accordance with
s. 66.0901 insofar as said section may be applicable. If the estimated cost of any public construction exceeds $5,000, but is not greater than $15,000, the village board shall give a class 1 notice, under
ch. 985, of the proposed construction before the contract for the construction is executed. This provision does not apply to public construction if the materials for such a project are donated or if the labor for such a project is provided by volunteers, and this provision and
s. 281.41 are not mandatory for the repair and reconstruction of public facilities when damage or threatened damage thereto creates an emergency, as determined by resolution of the village board, in which the public health or welfare of the village is endangered. Whenever the village board by majority vote at a regular or special meeting declares that an emergency no longer exists, this exemption no longer applies.
61.56
61.56
Alternative letting of contracts. A village board may by ordinance provide that as a complete alternative to the requirements established by
ss. 61.54 and
61.55 the provisions of
s. 62.15 shall be applicable to village contracts. The authority vested in the board of public works shall in such case be exercised by the village board, or as delegated by the village board.
61.57
61.57
Acquisition of recycling or resource recovery facilities without bids. A village may contract for the acquisition of any element of a recycling or resource recovery facility without submitting the contract for bids as required under
ss. 61.54 to
61.56 if the village invites developers to submit proposals to provide a completed project and evaluates proposals according to site, cost, design and the developers' experience in other similar projects.
61.57 History
History: 1983 a. 425.
61.61
61.61
Village orders; borrowing money. No village or any officer thereof shall have power to issue any time or negotiable order, or borrow money, except in the manner and for the purposes expressly declared by statute.
61.64
61.64
Ambulance service. The village board may purchase, equip, operate and maintain ambulances and contract for ambulance service with one or more providers for conveyance of the sick or injured. The village board may determine and charge a reasonable fee for ambulance service provided under this section.
61.64 History
History: 1991 a. 39.
61.65
61.65
Police and fire departments; pension funds. 61.65(1)(a)(a) Except as provided under
s. 61.66, each village with a population of 5,000 or more shall provide police protection services by one of the following methods:
61.65(1)(a)2.
2. Contracting for police protective services with a city or town, with another village or with the county in which the village is located. A village that contracts for police protective services shall pay the full cost of services provided.
61.65(1)(a)3.
3. Creating a joint police department with a city or town or with another village.
61.65(1)(am)
(am) If a village establishes a police department and does not create a board of police commissioners singly or in combination with another municipality, the village may not suspend, reduce, suspend and reduce, or remove any police chief or other law enforcement officer who is not probationary, and for whom there is no valid and enforceable contract of employment or collective bargaining agreement which provides for a fair review prior to that suspension, reduction, suspension and reduction or removal, unless the village does one of the following:
61.65(1)(am)1.
1. Establishes a committee of not less than 3 members, none of whom may be an elected or appointed official of the village or be employed by the village. The committee shall act under
s. 62.13 (5) in place of a board of police and fire commissioners. The village board may provide for some payment to each member for the member's cost of serving on the committee at a rate established by the village board.
61.65(1)(am)2.
2. Appoint a person who is not an elected or appointed official of the village and who is not employed by the village. The person shall act under
s. 62.13 (5) in place of a board of police and fire commissioners. The village board may provide for some payment to that person for serving under this subdivision at a rate established by the village board.
