66.0407(1)(a)
(a) “Destroy" means the complete killing of weeds or the killing of weed plants above the surface of the ground by the use of chemicals, cutting, tillage, cropping system, pasturing livestock, or any or all of these in effective combination, at a time and in a manner as will effectually prevent the weed plants from maturing to the bloom or flower stage.
66.0407(1)(b)
(b) “Noxious weed" means Canada thistle, leafy spurge, field bindweed, any weed designated as a noxious weed by the department of natural resources by rule, and any other weed the governing body of any municipality or the county board of any county by ordinance or resolution declares to be noxious within its respective boundaries.
66.0407(3)
(3) A person owning, occupying or controlling land shall destroy all noxious weeds on the land. The person having immediate charge of any public lands shall destroy all noxious weeds on the lands. The highway patrolman on all federal, state or county trunk highways shall destroy all noxious weeds on that portion of the highway which that highway patrolman patrols. The town board is responsible for the destruction of all noxious weeds on the town highways.
66.0407(4)
(4) The chairperson of each town, the president of each village and the mayor or manager of each city may annually on or before May 15 publish a class 2 notice, under ch.
985, that every person is required by law to destroy all noxious weeds, as defined in this section, on lands in the municipality which the person owns, occupies or controls. A town, village or city which has designated as its official newspaper or which uses for its official notices the same newspaper as any other town, village or city may publish the notice under this subsection in combination with the other town, village or city.
66.0407(5)
(5) This section does not apply to Canada thistle or annual noxious weeds that are located on land that the department of natural resources owns, occupies or controls and that is maintained in whole or in part as habitat for wild birds by the department of natural resources.
66.0407 History
History: 1975 c. 394 s.
12;
1975 c. 421; Stats. 1975 s. 66.96;
1983 a. 112,
189;
1989 a. 56 s.
258;
1991 a. 39,
316;
1997 a. 287;
1999 a. 150 ss.
617 to
619; Stats. 1999 s. 66.0407;
2009 a. 55.
66.0408
66.0408
Regulation of occupations. 66.0408(1)(1)
Definitions. In this section, “political subdivision" means a city, village, town, or county.
66.0408(2)(a)
(a) Except as provided in sub.
(3), beginning on November 13, 2015, a political subdivision may not impose any occupational fees or licensing requirements on any profession if that profession is not subject to occupational fees or licensing requirements of the political subdivision on that date, but the political subdivision may continue to so regulate any profession that is subject to its occupational fees or licensing requirements on that date.
66.0408(2)(b)
(b) With regard to the areas in which the department of safety and professional services may impose requirements on a contractor under s.
101.654, a political subdivision may not impose any requirements on a contractor that are more stringent than the requirements imposed by the department of safety and professional services under s.
101.654.
66.0408(2)(c)
(c) Beginning on November 13, 2015, if the department of safety and professional services or an examining board, affiliated credentialing board, or other board in the department of safety and professional services imposes any new occupational fees or licensing requirements on any profession that was previously unregulated by the state, and if a political subdivision regulates that occupation when the state regulations take effect, the political subdivision may not continue to regulate that profession on or after the day on which the state regulations take effect and the political subdivision's regulations do not apply and may not be enforced.
66.0408(2)(d)
(d) With regard to the areas in which any department of state government may impose occupational licensing requirements on any profession, a political subdivision may not impose any occupational licensing requirements on an individual who works in that profession that are more stringent than the requirements imposed by the department that regulates that profession.
66.0408(3)
(3)
Exception. If a political subdivision has in effect an occupational fee or licensing requirement on the profession of photographer on November 13, 2015, that regulation does not apply and may not be enforced.
66.0408 History
History: 2015 a. 65;
2017 a. 327.
66.0409
66.0409
Local regulation of weapons. 66.0409(1)(b)
(b) “Political subdivision" means a city, village, town or county.
66.0409(1)(c)
(c) “Sport shooting range" means an area designed and operated for the practice of weapons used in hunting, skeet shooting and similar sport shooting.
66.0409(2)
(2) Except as provided in subs.
(3) and
(4), no political subdivision may enact or enforce an ordinance or adopt a resolution that regulates the sale, purchase, purchase delay, transfer, ownership, use, keeping, possession, bearing, transportation, licensing, permitting, registration, or taxation of any knife or any firearm or part of a firearm, including ammunition and reloader components, unless the ordinance or resolution is the same as or similar to, and no more stringent than, a state statute.
66.0409(3)(a)(a) Nothing in this section prohibits a county from imposing a sales tax or use tax under subch.
V of ch. 77 on any knife or any firearm or part of a firearm, including ammunition and reloader components, sold in the county.
66.0409(3)(b)
(b) Nothing in this section prohibits a city, village or town that is authorized to exercise village powers under s.
60.22 (3) from enacting an ordinance or adopting a resolution that restricts the discharge of a firearm. Any ordinance or resolution that restricts the discharge of a firearm does not apply and may not be enforced if the actor's conduct is justified or, had it been subject to a criminal penalty, would have been subject to a defense described in s.
939.45.
66.0409(3)(c)
(c) Nothing in this section prohibits a political subdivision from enacting or enforcing an ordinance or adopting a resolution that prohibits the possession of a knife in a building, or part of a building, that is owned, occupied, or controlled by the political subdivision.
66.0409(4)(a)(a) Nothing in this section prohibits a political subdivision from continuing to enforce an ordinance or resolution that is in effect on November 18, 1995, and that regulates the sale, purchase, transfer, ownership, use, keeping, possession, bearing, transportation, licensing, permitting, registration or taxation of any firearm or part of a firearm, including ammunition and reloader components, if the ordinance or resolution is the same as or similar to, and no more stringent than, a state statute.
66.0409(4)(am)
(am) Nothing in this section prohibits a political subdivision from continuing to enforce until November 30, 1998, an ordinance or resolution that is in effect on November 18, 1995, and that requires a waiting period of not more than 7 days for the purchase of a handgun.
66.0409(4)(b)
(b) If a political subdivision has in effect on November 17, 1995, an ordinance or resolution that regulates the sale, purchase, transfer, ownership, use, keeping, possession, bearing, transportation, licensing, permitting, registration or taxation of any firearm or part of a firearm, including ammunition and reloader components, and the ordinance or resolution is not the same as or similar to a state statute, the ordinance or resolution shall have no legal effect and the political subdivision may not enforce the ordinance or resolution on or after November 18, 1995.
66.0409(4)(c)
(c) Nothing in this section prohibits a political subdivision from enacting and enforcing a zoning ordinance that regulates the new construction of a sport shooting range or when the expansion of an existing sport shooting range would impact public health and safety.
66.0409(5)
(5) A county ordinance that is enacted or a county resolution that is adopted by a county under sub.
(2) or a county ordinance or resolution that remains in effect under sub.
(4) (a) or
(am) applies only in those towns in the county that have not enacted an ordinance or adopted a resolution under sub.
(2) or that continue to enforce an ordinance or resolution under sub.
(4) (a) or
(am), except that this subsection does not apply to a sales or use tax that is imposed under subch.
V of ch. 77.
66.0409(6)
(6) Unless other facts and circumstances that indicate a criminal or malicious intent on the part of the person apply, no person may be in violation of, or be charged with a violation of, an ordinance of a political subdivision relating to disorderly conduct or other inappropriate behavior for loading a firearm, or for carrying or going armed with a firearm or a knife, without regard to whether the firearm is loaded or the firearm or the knife is concealed or openly carried. Any ordinance in violation of this subsection does not apply and may not be enforced.
66.0409 History
History: 1995 a. 72;
1999 a. 150 s.
260; Stats. 1999 s. 66.0409;
2011 a. 35;
2015 a. 149.
66.0409 Annotation
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,
15-0146.
66.0409 Annotation
Under sub. (2), the legislature has withdrawn from municipalities all authority to legislate on the possession, bearing, or transportation of any knife or any firearm unless the legislation is the same as or similar to, and no more stringent than, a state statute. Because a municipality cannot delegate what it does not have, a municipality is entirely powerless to authorize any of its subunits to legislate on this subject. Wisconsin Carry, Inc. v. City of Madison,
2017 WI 19,
373 Wis. 2d 543,
892 N.W.2d 233,
15-0146.
66.0409 Annotation
This section forbids a municipality from forbidding weapons on its buses when otherwise carried in conformance with the law. To the extent that a municipality previously had a property-based right to exclude riders in possession of weapons, that right ceased with the advent of this section. Wisconsin Carry, Inc. v. City of Madison,
2017 WI 19,
373 Wis. 2d 543,
892 N.W.2d 233,
15-0146.
66.0410
66.0410
Local regulation of ticket reselling. 66.0410(1)(a)
(a) “Political subdivision" means a city, village, town, or county.
66.0410(1)(b)
(b) “Ticket" means a ticket that is sold to an entertainment or sporting event.
66.0410(2)(a)(a) A political subdivision may not enact an ordinance or adopt a resolution and the Board of Regents of the University of Wisconsin System may not promulgate a rule or adopt a resolution prohibiting the resale of any ticket for an amount that is equal to or less than the ticket's face value.
66.0410(2)(b)
(b) If a political subdivision or the Board of Regents of the University of Wisconsin System has in effect on April 22, 2004 an ordinance, rule, or resolution that is inconsistent with par.
(a), the ordinance, rule, or resolution does not apply and may not be enforced.
66.0410 History
History: 2003 a. 191.
66.0411
66.0411
Sound-producing devices; impoundment; seizure and forfeiture. 66.0411(1)(1)
In this section, “sound-producing device" does not include a piece of equipment or machinery that is designed for agricultural purposes and that is being used in the conduct of agricultural operations.
66.0411(1m)(a)(a) Any city, village, town or county may, by ordinance, authorize a law enforcement officer, at the time of issuing a citation for a violation of s.
346.94 (16) or a local ordinance in strict conformity with s.
346.94 (16) or any other local ordinance prohibiting excessive noise, to impound any radio, electric sound amplification device or other sound-producing device used in the commission of the violation if the person charged with such violation is the owner of the radio, electric sound amplification device or other sound-producing device and has 2 or more prior convictions within a 3-year period of s.
346.94 (16) or a local ordinance in strict conformity with s.
346.94 (16) or any other local ordinance prohibiting excessive noise. The ordinance may provide for impoundment of a vehicle for not more than 5 working days to permit the city, village, town or county or its authorized agent to remove the radio, electric sound amplification device or other sound-producing device if the vehicle is owned by the person charged with the violation and the sound-producing device may not be easily removed from the vehicle. Upon removal of the sound-producing device, an impounded vehicle shall be returned to its rightful owner.
66.0411(1m)(b)
(b) The ordinance under par.
(a) may provide for recovery by the city, village, town or county of the cost of impounding the sound-producing device and, if a vehicle is impounded, the cost of impounding the vehicle and removing the sound-producing device. The ordinance under par.
(a) shall provide that, upon disposition of the forfeiture action for the violation of s.
346.94 (16) or a local ordinance in strict conformity with s.
346.94 (16) or any other local ordinance prohibiting excessive noise and payment of any forfeiture imposed, the sound-producing device shall be returned to its rightful owner.
66.0411(1m)(c)
(c) The city, village, town or county may dispose of any impounded sound-producing device or, following the procedure for an abandoned vehicle under s.
342.40, any impounded vehicle which has remained unclaimed for a period of 90 days after disposition of the forfeiture action.
66.0411(1m)(d)
(d) This subsection does not apply to a radio, electric sound amplification device or other sound-producing device on a motorcycle.
66.0411(2)(a)(a) Notwithstanding sub.
(1m), any city, village, town or county may, by ordinance, authorize a law enforcement officer, at the time of issuing a citation for a violation of s.
346.94 (16) or a local ordinance in strict conformity with s.
346.94 (16) or any other local ordinance prohibiting excessive noise, to seize any radio, electric sound amplification device or other sound-producing device used in the commission of the violation if the person charged with such violation is the owner of the radio, electric sound amplification device or other sound-producing device and has 3 or more prior convictions within a 3-year period of s.
346.94 (16) or a local ordinance in strict conformity with s.
346.94 (16) or any other local ordinance prohibiting excessive noise.
66.0411(2)(b)
(b) The ordinance under par.
(a) may provide for impoundment of a vehicle for not more than 5 working days to permit the city, village, town or county or its authorized agent to remove the radio, electric sound amplification device or other sound-producing device if the vehicle is owned by the person charged with the violation and the sound-producing device may not be easily removed from the vehicle. Upon removal of the sound-producing device, an impounded vehicle shall be returned to its rightful owner upon payment of the reasonable costs of impounding the vehicle and removing the sound-producing device.
66.0411(2)(c)
(c) The ordinance under par.
(a) shall include provisions that treat any seized sound-producing device in substantially the manner provided in ss.
973.075 (3),
973.076 and
973.077 for property realized through the commission of any crime, except that the sound-producing device shall remain in the custody of the applicable law enforcement agency; a district attorney or city, village or town attorney, whichever is applicable, shall institute the forfeiture proceedings; and, if the sound-producing device is sold by the law enforcement agency, all proceeds of the sale shall be retained by the applicable city, village, town or county.
66.0411(2)(d)
(d) The city, village, town or county may, following the procedure for an abandoned vehicle under s.
342.40, dispose of any impounded vehicle which has remained unclaimed for a period of 90 days after disposition of the forfeiture action.
66.0411(2)(e)
(e) This subsection does not apply to a radio, electric sound amplification device or other sound-producing device on a motorcycle.
66.0411 History
History: 1995 a. 373;
1999 a. 150 s.
613; Stats. 1999 s. 66.0411.
66.0412
66.0412
Local regulation of real estate brokers, brokerage services. 66.0412(1)(c)
(c) “Political subdivision" means any city, village, town, or county.
66.0412(2)
(2)
Regulation of brokers, brokerage services. 66.0412(2)(a)
(a) A local governmental unit may not enact an ordinance or adopt a resolution that does any of the following:
66.0412(2)(a)1.
1. In relation to the provision of real estate services, imposes any fees on brokers or on real estate brokerage services.
66.0412(2)(a)2.
2. Imposes any regulations on the professional services provided by a broker or by a person who provides real estate brokerage services.
66.0412(2)(b)
(b) If a local governmental unit has in effect on July 2, 2013, an ordinance or resolution that is inconsistent with par.
(a), the ordinance or resolution does not apply and may not be enforced.
66.0412 History
History: 2013 a. 20.
66.0413(1)(a)1.
1. “Building" includes any building or structure or any portion of a building or structure.
66.0413(1)(a)2.
2. “Raze a building" means to demolish and remove the building and to restore the site to a dust-free and erosion-free condition.
66.0413(1)(b)
(b)
Raze order. The governing body, building inspector or other designated officer of a municipality may:
66.0413(1)(b)1.
1. If a building is old, dilapidated or out of repair and consequently dangerous, unsafe, unsanitary or otherwise unfit for human habitation and unreasonable to repair, order the owner of the building to raze the building or, if the building can be made safe by reasonable repairs, order the owner to either make the building safe and sanitary or to raze the building, at the owner's option.
66.0413(1)(b)2.
2. If there has been a cessation of normal construction of a building for a period of more than 2 years, order the owner of the building to raze the building.
66.0413(1)(br)
(br)
Notice of unfitness for occupancy or use; penalty. 66.0413(1)(br)1.
1. If a building subject to an order under par.
(b) is unsanitary and unfit for human habitation, occupancy or use and is not in danger of structural collapse, the building inspector or other designated officer shall post a placard on the premises containing the following notice: “This Building May Not Be Used For Human Habitation, Occupancy or Use." The building inspector or other designated officer shall prohibit use of the building for human habitation, occupancy or use until necessary repairs have been made.
66.0413(1)(br)2.
2. Any person who rents, leases or occupies a building which has been condemned for human habitation, occupancy or use under subd.
1. shall be fined not less than $5 nor more than $50 or imprisoned not more than 30 days for each week of the violation, or both.
66.0413(1)(c)
(c)
Reasonableness of repair; presumption. Except as provided in sub.
(3), if a municipal governing body, building inspector or designated officer determines that the cost of repairs of a building described in par.
(b) 1. would exceed 50 percent of the assessed value of the building divided by the ratio of the assessed value to the recommended value as last published by the department of revenue for the municipality within which the building is located, the repairs are presumed unreasonable for purposes of par.
(b) 1. 66.0413(1)(d)
(d)
Service of order. An order under par.
(b) shall be served on the owner of record of the building that is subject to the order or on the owner's agent if the agent is in charge of the building in the same manner as a summons is served in circuit court. An order under par.
(b) shall be served on the holder of an encumbrance of record by 1st class mail at the holder's last-known address and by publication as a class 1 notice under ch.
985. If the owner and the owner's agent cannot be found or if the owner is deceased and an estate has not been opened, the order may be served by posting it on the main entrance of the building and by publishing it as a class 1 notice under ch.
985 before the time limited in the order begins to run. The time limited in the order begins to run from the date of service on the owner or owner's agent or, if the owner and agent cannot be found, from the date that the order was posted on the building.
66.0413(1)(e)
(e)
Effect of recording order. If a raze order issued under par.
(b) is recorded with the register of deeds in the county in which the building is located, the order is considered to have been served, as of the date the raze order is recorded, on any person claiming an interest in the building or the real estate as a result of a conveyance from the owner of record unless the conveyance was recorded before the recording of the raze order.
66.0413(1)(f)
(f)
Failure to comply with order; razing building. An order under par.
(b) shall specify the time within which the owner of the building is required to comply with the order and shall specify repairs, if any. If the owner fails or refuses to comply within the time prescribed, the building inspector or other designated officer may proceed to raze the building through any available public agency or by contract or arrangement with private persons, or to secure the building and, if necessary, the property on which the building is located if unfit for human habitation, occupancy or use. The cost of razing or securing the building may be charged in full or in part against the real estate upon which the building is located, and if that cost is so charged it is a lien upon the real estate and may be assessed and collected as a special charge, but may not be assessed and collected as a special tax. Any portion of the cost charged against the real estate that is not reimbursed under s.
632.103 (2) from funds withheld from an insurance settlement may be assessed and collected as a special tax.
66.0413(1)(g)
(g)
Court order to comply. A municipality, building inspector or designated officer may commence and prosecute an action in circuit court for an order of the court requiring the owner to comply with an order to raze a building issued under this subsection if the owner fails or refuses to do so within the time prescribed in the order, or for an order of the court requiring any person occupying a building whose occupancy has been prohibited under this subsection to vacate the premises, or any combination of the court orders. A hearing on actions under this paragraph shall be given preference. Court costs are in the discretion of the court.
66.0413(1)(h)
(h)
Restraining order. A person affected by an order issued under par.
(b) may within the time provided by s.
893.76 apply to the circuit court for an order restraining the building inspector or other designated officer from razing the building or forever be barred. The hearing shall be held within 20 days and shall be given preference. The court shall determine whether the raze order is reasonable. If the order is found reasonable the court shall dissolve the restraining order. If the order is found not reasonable the court shall continue the restraining order or modify it as the circumstances require. Costs are in the discretion of the court. If the court finds that the order is unreasonable, the building inspector or other designated officer shall issue no other order under this subsection in regard to the same building until its condition is substantially changed. The remedies provided in this paragraph are exclusive remedies and anyone affected by an order issued under par.
(b) is not entitled to recover any damages for the razing of the building.
66.0413(1)(i)
(i)
Removal of personal property. If a building subject to an order under par.
(b) contains personal property or fixtures which will unreasonably interfere with the razing or repair of the building or if the razing makes necessary the removal, sale or destruction of the personal property or fixtures, the building inspector or other designated officer may order in writing the removal of the personal property or fixtures by a date certain. The order shall be served as provided in par.
(d). If the personal property or fixtures are not removed by the time specified the inspector may store, sell or, if it has no appreciable value, destroy the personal property or fixture. If the property is stored the amount paid for storage is a lien against the property and against the real estate and, to the extent that the amount is not reimbursed under s.
632.103 (2) from funds withheld from an insurance settlement, shall be assessed and collected as a special tax against the real estate if the real estate is owned by the owner of the personal property and fixtures. If the property is stored the owner of the property, if known, shall be notified of the place of storage and if the property is not claimed by the owner it may be sold at the expiration of 6 months after it has been stored. The handling of the sale and the distribution of the net proceeds after deducting the cost of storage and any other costs shall be as specified in par.
(j) and a report made to the circuit court as specified in par.
(j). A person affected by any order made under this paragraph may appeal as provided in par.
(h).
