Wisconsin Legislature: Marijuana

Counties

Without statutory authority to do so, a county cannot use citations for violations of ordinances that have certain statutory counterparts. Section 66.119(3)(b), Stats., only authorizes the use of citations for violations of ordinances other than those for which a statutory counterpart exists. 76-211

County clerk

Section 59.09(1), Stats., discussed in reference to requirement that county clerks must publish county ordinances and distribute copies to town clerks. 62-81

County conservation

A county ordinance passed under section 92.11, Stats., may be applicable to incorporated as well as unincorporated areas of the county, whereas a county ordinance passed under section 92.16 is applicable only in the unincorporated areas of the county. 77-87

County zoning

A town with village powers that is subject to a county zoning ordinance is not prohibited by statute from any and all regulation of driveway installation. A town which is subject to a county zoning ordinance that contains no limitation on the issuance of county zoning permits may not set a quota on the number of residential building permits that the town will issue each year. 76-60

The extent to which sec. 91.73(4), Stats., as created by ch. 29, Laws of 1977, and amended by ch. 169, Laws of 1977, alters the procedures applicable for the amendment of county comprehensive zoning ordinances under sec. 59.97(5)(e), Stats., is discussed. 67-290

Discrimination

A county may enact an ordinance requiring its contractors to agree to a policy of non-discrimination in employment, even though such an ordinance provides broader protection than that afforded by state and federal equal employment opportunity laws, as long as such ordinance does not conflict with such laws. 70-64

Equal employment opportunity

The employment practices of vocational, technical and adult education districts are subject to city equal employment opportunity ordinances. Such ordinances, however, can be applied only to employment within the geographic boundaries of the city. 70-226

Fire alarm systems

A county has power under sec. 59.07(64), Stats., to enact an ordinance, applicable countywide, prohibiting the giving of false alarms on security or fire alarm systems connected to the Sheriff s department. Provisions amounting to a building code would not be applicable in cities, villages or towns having ordinances or codes covering the same subject. Authority of the Sheriff to act as licensing authority or to collect license fees discussed. 72-153

Firearm ordinance by Town exceeds authority

A town ordinance which purports to prohibit the use of firearms but exempts town residents and their guests is in effect a restriction on hunter numbers. As such, it infringes on and exceeds the authority of the Department of Natural Resources, and presents possible equal protection problems. 77-137

Judicial review

Judicial review of a county board's legislative decision concerning approval or disapproval of town zoning ordinances submitted to the county board under section 60.62(3), Stats., is limited to cases of abuse of discretion, excess of power or error of law. 79-117

Marijuana

Chapter 161, Stats., the Uniform Controlled Substances Act, precludes the enactment of municipal ordinances regulating the sale and possession of such "controlled substances" as marijuana. 63-107

Counties may not enact ordinances in conformity with state statutes prohibiting the possession and sale of marijuana. 77-205

Milwaukee, City of

City has power to create an ordinance making possession of marijuana an offense in the City of Milwaukee. 63 OAG 107 discussed. (Unpub.). July 9, 1975

Milwaukee charter ordinance concerning Chief of Police

Common Council of City of Milwaukee has power by reason of Wisconsin Constitution article XI, section 3, and section 62.03(2), Stats., to enact charter ordinance adopting section 62.09(13)(a), which provides that the Chief of Police shall have command of the police force of the City under the direction of the Mayor and that it is the duty of the Chief to obey all lawful written orders of the Mayor or Common Council. 73-64

Milwaukee County ordinances

The Milwaukee County board may not delegate the exclusive authority to approve contracts for budgeted public works projects to the museum board or to the zoological board. Except in extraordinary circumstances, the attorney general will not issue opinions concerning the meaning or intent of municipal ordinances. 77-120

Total prohibition of all use of all Milwaukee County park buildings for political purposes is unconstitutional. Validity of regulations restricting political assemblies to certain areas of certain parks depends on whether the restrictions may be considered reasonable "time, place and manner" regulations. Current sec. 47.02, Milwaukee County Ordinances vests unbridled discretion in permit-granting authority. To withstand constitutional attack explicit, objective standards ensuring even-handed application of the ordinance must be provided. 67-16

Mobile homes

In a town in which a county-wide zoning ordinance is effective, a town ordinance which purports to regulate the location of individual mobile homes is a zoning ordinance which can only be enacted in compliance with the provisions of sec. 60.74(7) or (8), Stats. Once the exercise of town zoning authority under sec. 60.74(7), Stats., is approved by referendum, town zoning ordinances and amendments need only be approved by the County Board. Section 60.74(7), Stats., requires the appropriate town authorities to hold a public hearing on town zoning, but no further hearing by the county authorities is required. 65-288

Municipalities

Codification and publication of municipal ordinances discussed. 70-124

Except in extraordinary circumstances, the attorney general will not issue opinions concerning the meaning or intent of municipal ordinances. OAG 26-88 discussed and adhered to. (Unpub.). 58-1988

Municipally-owned electric companies

Section 66.60(16) authorizes cities owning their own electric companies to pass ordinances allowing unpaid charges for furnished electricity to be placed on the tax bill of the receiving property; section 66.069(1)(b) cannot be construed to authorize such ordinances. 73-128

Nonmoving traffic violations"

As used in sec. 165.87(2), Stats., the words "nonmoving traffic violations" apply only to violations of ordinances adopted under secs. 349.13 and 349.14, Stats., and violations of secs. 346.50 through 346.55, Stats. 66-308

Nursing homes

Milwaukee County does not have authority to enact and enforce an ordinance which would establish certain rights of residents of nursing homes, group foster homes, residential care facilities and hospitals which contract for the care of residents. The State has given the Department of Health and Social Services preemptive authority over community-based residential facilities and nursing homes. 68-45

Purchase of lands

An ordinance enacted by a city council to purchase lands sold for taxes under sec. 74.43(3), Stats., only becomes operative where the County Board has not acted to purchase such lands under sec. 74.44(1), Stats. Advertising and bidding requirements of sec. 75.69(1), Stats., are not applicable to a sale to a city under sec. 75.69(2), Stats., but are applicable to a subsequent sale by a city, unless the transfer still falls within the exemptions in sec. 75.69(2), Stats. 67-150

Real estate taxes

Section 74.80(2), Stats., permits counties and cities to impose by ordinance a flat six percent or less penalty on overdue real estate taxes and special assessments, regardless of when they became or become overdue. 71-189

A register of deeds may not refuse to record instruments that are recordable under state law but are not in compliance with a county subdivision ordinance requiring the preparation of a certified survey map in connection with certain land divisions, even if requested or directed to do so by county ordinance. 79-40

A county board lacks statutory authority to enact ordinances directing the register of deeds to refuse to record documents containing restrictive covenants or requiring the register of deeds to place notices on liber volumes and copies of real estate documents, directing the public's attention to the possibility that such covenants may be legally unenforceable. 77-262

Resurveys of public lands

Requirements for relocating established and perpetuation of the corners of the survey of the public lands discussed. Section 60.38, Stats., requires that resurveys of the public lands be recorded with the Register of Deeds in the county where the resurveyed land is located and kept as the County Board directs by resolution as long as a separate index is maintained. 66-126

State is subject to local zoning

Under sec. 13.48(13), Stats., the State is subject to local governmental zoning regulations when remodeling a newly acquired or leased facility. 67-251

Statutory counterparts

Subdivision control ordinances

Discussion of the application of municipal and county subdivision control ordinances within the municipality's extraterritorial plat approval Jurisdiction. 66-103

Theft

Counties possess the statutory authority to enact and enforce ordinances prohibiting the issuance of bad checks and trespassing but do not have the authority to enact and enforce ordinances prohibiting battery and theft. 78-38

Trespass to land

County Board has authority under sec. 59.07(64), Stats., to enact a county ordinance prohibiting trespass to land that is similar to and consistent with sec. 943.13, Stats. 69-92

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