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 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).
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, plus costs, fees, and surcharges imposed under
ch. 814, 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, plus costs, fees, and surcharges imposed under
ch. 814.
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, plus costs, fees, and surcharges imposed under
ch. 814, 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 or restitution, plus costs, fees, and surcharges imposed under
ch. 814 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, plus costs, fees, and surcharges imposed under
ch. 814. 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, plus costs, fees, and surcharges imposed under
ch. 814, 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 that 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 additional costs, fees, or surcharges may be imposed against the violator under
s. 814.78. If the court rejects the plea of no contest, an action for collection of the forfeiture, plus costs, fees, and surcharges imposed under
ch. 814, 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, plus costs, fees, and surcharges imposed under
ch. 814.
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, plus costs, fees, and surcharges imposed under
ch. 814. 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, plus costs, fees, and surcharges imposed under
ch. 814. 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, plus costs, fees, and surcharges imposed under
ch. 814. 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.
66.0113 History
History: 1975 c. 201,
421;
1977 c. 29,
305;
1979 c. 32 s.
92 (8), (17);
1979 c. 151,
355;
1987 a. 27,
389;
1989 a. 107;
1991 a. 39,
40,
128,
189,
315;
1993 a. 16,
167;
1995 a. 349;
1997 a. 27;
1999 a. 9;
1999 a. 150 ss.
274 to
277; Stats. 1999 s. 66.0113;
2001 a. 16;
2003 a. 139.
66.0113 Cross-reference
Cross-reference: As to (3) (d), see s.
800.093 regarding municipal court authority to order restitution.
66.0113 Annotation
Sub. (3) (b) only authorizes the use of citations for violations of ordinances other than those for which a statutory counterpart exists.
76 Atty. Gen. 211.
66.0113 Annotation
A judgment for payment of a forfeiture can be docketed, accumulates interest at 12%, and may be enforced through collection remedies available in other civil proceedings.
OAG 2-95.
66.0114
66.0114
Actions for violation of ordinances. 66.0114(1)(1)
Collection of forfeitures and penalties. 66.0114(1)(a)(a) An action for violation of an ordinance or bylaw enacted by a city, village, town sanitary district or public inland lake protection and rehabilitation district is a civil action. All forfeitures and penalties imposed by an ordinance or bylaw of the city, village, town sanitary district or public inland lake protection and rehabilitation district, except as provided in
ss. 345.20 to
345.53, may be collected in an action in the name of the city or village before the municipal court or in an action in the name of the city, village, town sanitary district or public inland lake protection and rehabilitation district before a court of record. If the action is in municipal court, the procedures under
ch. 800 apply and the procedures under this section do not apply. If the action is in a court of record, it shall be commenced by warrant or summons under
s. 968.04 or, if applicable, by citation under
s. 778.25 or
778.26. A law enforcement officer may arrest the offender in all cases without warrant under
s. 968.07. If the action is commenced by warrant the affidavit may be the complaint. The affidavit or complaint is sufficient if it alleges that the defendant has violated an ordinance or bylaw, specifying the ordinance or bylaw by section, chapter, title or otherwise with sufficient plainness to identify the ordinance or bylaw. The judge may release a defendant without a cash deposit or may permit him or her to execute an unsecured appearance bond upon arrest. In arrests without a warrant or summons a statement on the records of the court of the offense charged is the complaint unless the court directs that a formal complaint be issued. In all actions under this paragraph the defendant's plea shall be guilty, not guilty or no contest and shall be entered as not guilty on failure to plead. A plea of not guilty on failure to plead puts all matters in the case at issue, any other provision of law notwithstanding. The defendant may enter a not guilty plea by certified mail.
66.0114(1)(b)
(b) Local ordinances, except as provided in this paragraph or
ss. 345.20 to
345.53, may contain a provision for stipulation of guilt or no contest of any or all violations under those ordinances, may designate the manner in which the stipulation is to be made, and may fix the penalty to be paid. When a person charged with a violation for which stipulation of guilt or no contest is authorized makes a timely stipulation and pays the required penalty, plus costs, fees, and surcharges imposed under
ch. 814, to the designated official, the person need not appear in court and no witness fees or other additional costs, fees, or surcharges may be imposed under
ch. 814 unless the local ordinance so provides. A court appearance is required for a violation of a local ordinance in conformity with
s. 346.63 (1).
66.0114(1)(bm)
(bm) The official receiving the penalties shall remit all moneys collected to the treasurer of the city, village, town sanitary district, or public inland lake protection and rehabilitation district in whose behalf the sum was paid, except that all jail surcharges imposed under
ch. 814 shall be remitted to the county treasurer, within 20 days after their receipt by the official. If timely remittance is not made, the treasurer may collect the payment of the officer by action, in the name of the office, and upon the official bond of the officer, with interest at the rate of 12% per year from the date on which it was due. In the case of any other costs, fees, and surcharges imposed under
ch. 814, the treasurer of the city, village, town sanitary district, or public inland lake protection and rehabilitation district shall remit to the secretary of administration the amount required by law to be paid on the actions entered during the preceding month on or before the first day of the next succeeding month. The governing body of the city, village, town sanitary district, or public inland lake protection and rehabilitation district shall by ordinance designate the official to receive the penalties and the terms under which the official qualifies.
66.0114(1)(c)
(c) If the circuit court finds a defendant guilty in a forfeiture action based on a violation of an ordinance, the court shall render judgment as provided under
ss. 800.09 and
800.095. If the court finds the violation meets the conditions in
s. 800.093 (1) (a) and
(b), the court may hold a hearing to determine if restitution shall be ordered under
s. 800.093.
66.0114(2)
(2) Appeals. Appeals in actions in courts of record to recover forfeitures and penalties imposed by any ordinance or bylaw of a city, village, town sanitary district or public inland lake protection and rehabilitation district may be taken either by the defendant or by the city, village, town sanitary district or public inland lake protection and rehabilitation district. Appeals from circuit court in actions to recover forfeitures for ordinances enacted under
ch. 349 shall be to the court of appeals. An appeal by the defendant shall include a bond to the city, village, town sanitary district or public inland lake protection and rehabilitation district with surety, to be approved by the judge, conditioned that if judgment is affirmed in whole or in part the defendant will pay the judgment and all costs and damages awarded against the defendant on the appeal. If the judgment is affirmed in whole or in part, execution may issue against both the defendant and the surety.
66.0114(3)
(3) Costs and fees; forfeitures to go to treasury. 66.0114(3)(a)(a) Fees in forfeiture actions in circuit court for violations of ordinances are prescribed in
s. 814.63 (1) and
(2).
66.0114(3)(b)
(b) All forfeitures and penalties recovered for the violation of an ordinance or bylaw of a city, village, town, town sanitary district, or public inland lake protection and rehabilitation district shall be paid into the city, village, town, town sanitary district, or public inland lake protection and rehabilitation district treasury for the use of the city, village, town, town sanitary district, or public inland lake protection and rehabilitation district, except as provided in
par. (c) and
sub. (1) (bm). The judge shall report and pay into the treasury, quarterly, or at more frequent intervals if required, all moneys collected belonging to the city, village, town, town sanitary district, or public inland lake protection and rehabilitation district. The report shall be certified and filed in the office of the treasurer. The judge is entitled to duplicate receipts, one of which he or she shall file with the city, village, or town clerk, or with the town sanitary district or the public inland lake protection and rehabilitation district.
66.0114(3)(c)
(c) The entire amount in excess of $150 of any forfeiture imposed for the violation of any traffic regulation in conformity with
ch. 348 shall be transmitted to the county treasurer if the violation occurred on an interstate highway, a state trunk highway, or a highway over which the local highway authority does not have primary maintenance responsibility. The county treasurer shall then make payment to the secretary of administration as provided in
s. 59.25 (3) (L).
66.0114 History
History: 1971 c. 278;
1973 c. 336;
1975 c. 231;
1977 c. 29,
182,
269,
272,
305,
418,
447,
449;
1979 c. 32 s.
92 (17);
1979 c. 110 s.
60 (13);
1979 c. 331;
1981 c. 20,
317;
1983 a. 418 s.
8;
1987 a. 27,
389; Sup. Ct. Order, 146 Wis. 2d xiii (1988);
1989 a. 107;
1991 a. 39,
40,
189;
1993 a. 16,
167,
246,
491;
1995 a. 201,
349;
1997 a. 27;
1999 a. 9;
1999 a. 150 ss.
278 to
283; Stats. 1999 s. 66.0114;
2001 a. 16;
2003 a. 33,
139,
326.
66.0114 Annotation
Costs should be awarded a defendant who prevails in a municipal ordinance violation case. Milwaukee v. Leschke,
57 Wis. 2d 159,
203 N.W.2d 669 (1973).
66.0114 Annotation
The simultaneous sale of 4 different magazines by the same seller to the same buyer may give rise to separate violations of an obscenity ordinance. Madison v. Nickel,
66 Wis. 2d 71,
223 N.W.2d 865 (1974).
66.0114 Annotation
Under the rationale of Pedersen,
56 Wis. 2d 286, sub. (1) (c) is constitutional except when imprisonment under the statute is used as a means of collection from an indigent defendant. West Allis v. State ex rel. Tochalauski,
67 Wis. 2d 26,
226 N.W.2d 424 (1975).
66.0114 Annotation
Sub. (1) (a) does not authorize the issuance of arrest warrants without a showing of probable cause. State ex rel. Warrender v. Kenosha County Ct.
67 Wis. 2d 333,
231 N.W.2d 193 (1975).
66.0114 Annotation
An officer may make a warrantless arrest for an ordinance violation if a statutory counterpart of the ordinance exists. City of Madison v. Ricky Two Crow,
88 Wis. 2d 156,
276 N.W.2d 359 (Ct. App. 1979).
66.0114 Annotation
An award of costs of prosecution under sub. (1) (c) and s. 800.09 (1) does not include actual attorney fees. Town of Wayne v. Bishop,
210 Wis. 2d 219,
565 N.W.2d 201 (Ct. App. 1997).
66.0114 Annotation
The appearance required under sub. (1) (b) in an OWI action under s. 346.63 (1) may be made by mail as it is a civil action; a defendant's not guilty plea was an appearance beginning the 10 day period in which a jury trial could be requested. City of Fond du Lac v. Kaehne,
229 Wis. 2d 323,
599 N.W.2d 870 (Ct. App. 1999).
66.0114 Annotation
The defendant has the burden to raise and prove indigency when imprisonment is ordered for failure to pay fine under sub. (1) (c). 64 Atty. Gen. 94.
66.0114 Annotation
A judgment for payment of a forfeiture can be docketed, accumulates interest at 12%, and may be enforced through collection remedies available in other civil proceedings.
OAG 2-95.
66.0115
66.0115
Outstanding unpaid forfeitures. 66.0115(1)
(1) In this section, "municipality" means a county, city, village or town. Except as provided under
sub. (2), any municipality may refuse to issue any license or permit to a person who has not paid an overdue forfeiture resulting from a violation of an ordinance of the municipality. Any municipality, by written agreement between itself and any other city, village or town within the county in which the municipality is located, may refuse to issue any license or permit to a person who has not paid an overdue forfeiture resulting from a violation of an ordinance of any municipality which is a party to the agreement. No municipality may refuse to issue a license or permit to a person who is appealing the imposition of a forfeiture.
66.0115(2)
(2) A municipality may not refuse to issue any of the following licenses under
sub. (1):
66.0115 History
History: 1981 c. 198;
1999 a. 150 s.
273; Stats. 1999 s. 66.0115.
