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.