GENERAL POWERS; ADMINISTRATION
Home rule; manner of exercise. 66.0101(1)
Under article XI, section 3, of the constitution
, the method of determination of the local affairs and government of cities and villages shall be as prescribed in this section.
In this section, “charter ordinance" means an ordinance that enacts, amends or repeals the charter, or any part of the charter, of a city or village or that makes the election under sub. (4)
A city or village may enact a charter ordinance. A charter ordinance shall be designated as a charter ordinance, requires a two-thirds vote of the members-elect of the legislative body of the city or village, and is subject to referendum as provided in this section.
A charter ordinance that amends or repeals a city or village charter shall designate specifically the portion of the charter that is amended or repealed. A charter ordinance that makes the election under sub. (4)
shall designate specifically each enactment of the legislature or portion of the enactment that is made inapplicable to the city or village by the election.
A charter ordinance shall be published as a class 1 notice, under ch. 985
, and shall be recorded by the clerk in a permanent book kept for that purpose, with a statement of the manner of its adoption. A certified copy of the charter ordinance shall be filed by the clerk with the secretary of state. The secretary of state shall keep a separate index of all charter ordinances, arranged alphabetically by city and village and summarizing each ordinance, and annually shall issue the index of charter ordinances filed during the 12 months prior to July 1.
A city or village may elect under this section that any law relating to the local affairs and government of the city or village other than those enactments of the legislature of statewide concern as shall with uniformity affect every city or every village shall not apply to the city or village, and when the election takes effect, the law ceases to be in effect in the city or village.
A charter ordinance does not take effect until 60 days after its passage and publication. If within the 60-day period a petition conforming to the requirements of s. 8.40
and signed by a number of electors of the city or village equal to not less than 7 percent of the votes cast in the city or village for governor at the last general election is filed in the office of the clerk of the city or village demanding that the ordinance be submitted to a vote of the electors, it may not take effect until it is submitted to a referendum and approved by a majority of the electors voting in the referendum. The petition and the proceedings for its submission are governed by s. 9.20 (2)
A charter ordinance may be initiated under s. 9.20 (1)
, but alternative adoption of the charter ordinance by the legislative body is subject to referendum under sub. (5)
A charter ordinance may be submitted to a referendum by the legislative body, under s. 9.20 (4)
, without initiative petition, and becomes effective when approved by a majority of the electors voting in the referendum.
A charter ordinance enacted or approved by a vote of the electors controls over any prior or subsequent act of the legislative body of the city or village. If the electors of any city or village by a majority vote have adopted or determined to continue to operate under either ch. 62
, or have determined the method of selection of members of the governing board, the question shall not again be submitted to the electors, nor action taken on the question, within a period of 2 years. Any election to change or amend the charter of any city or village, other than a special election as provided in s. 9.20 (4)
, shall be held at the time provided by statute for holding the spring election.
The legislative body of a city or village, by resolution adopted by a two-thirds vote of its members-elect may, and upon petition complying with s. 9.20
shall, submit to the electors under s. 9.20 (4)
the question of holding a charter convention under one or more plans proposed in the resolution or petition.
The ballot shall be in substantially the following form:
Shall a charter convention be held?
YES⍽ NO ⍽
If a charter convention is held what plan do you favor?
PLAN 1 ⍽ PLAN 2 ⍽
[Repeat for each plan proposed.]
Mark an [X] in the square to the RIGHT of the plan that you select.
If a majority of the electors voting vote for a charter convention, the convention shall be held pursuant to the plan favored by a majority of the total votes cast for all plans. If no plan receives a majority, the 2 plans receiving the highest number of votes shall be again submitted to the electors and a convention shall be held pursuant to the plan favored by a majority of the votes cast.
A charter convention may adopt a charter or amendments to the existing charter. The charter or charter amendments adopted by the convention shall be certified, as soon as practicable, by the presiding officer and secretary of the convention to the city or village clerk and shall be submitted to the electors as provided under s. 9.20 (4)
, without the alternative provided in s. 9.20 (4)
, and take effect when approved by a majority of the electors voting.
Nothing in this section shall be construed to impair the right of cities or villages under existing or future authority to enact ordinances or resolutions other than charter ordinances.
Every charter ordinance enacted under s. 66.01
, 1943 stats., which was adopted by the governing body prior to December 31, 1944, and which also was published prior to that date in the official newspaper of the city or village, or, if there was none, in a newspaper having general circulation in the city or village, shall be valid as of the date of the original publication notwithstanding the failure to publish the ordinance under s. 10.43 (5)
, 1943 stats.
History: 1999 a. 150
; Stats. 1999 s. 66.0101; 2011 a. 32
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).
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.
Code of ordinances. 66.0103(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.
History: 1999 a. 150
There is a 4-part test in evaluating whether a municipality may regulate a matter of state-wide concern: 1) whether the legislature has expressly withdrawn the power of municipalities to act; 2) whether the ordinance logically conflicts with the state legislation; 3) whether the ordinance defeats the purpose of the state legislation; or 4) whether the ordinance goes against the spirit of the state legislation. Anchor Savings and Loan Association v. Madison EOC, 120 Wis. 2d 391
, 395-97, 355 N.W.2d 234
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
Prohibiting ordinances that place certain limits or requirements on a landlord. 66.0104(2)(a)(a)
No city, village, town, or county may enact an ordinance that places any of the following limitations on a residential landlord:
Prohibits a landlord from, or places limitations on a landlord with respect to, obtaining and using or attempting to obtain and use any of the following information with respect to a tenant or prospective tenant:
Court records, including arrest and conviction records, to which there is public access.
Limits how far back in time a prospective tenant's credit information, conviction record, or previous housing may be taken into account by a landlord.
Prohibits a landlord from, or places limitations on a landlord with respect to, entering into a rental agreement for a premises with a prospective tenant during the tenancy of the current tenant of the premises.
Prohibits a landlord from, or places limitations on a landlord with respect to, showing a premises to a prospective tenant during the tenancy of the current tenant of the premises.
No city, village, town, or county may enact an ordinance that places requirements on a residential landlord with respect to security deposits or earnest money or pretenancy or posttenancy inspections that are additional to the requirements under administrative rules related to residential rental practices.
No city, village, town, or county may enact an ordinance that limits a residential tenant's responsibility, or a residential landlord's right to recover, for any damage or waste to, or neglect of, the premises that occurs during the tenant's occupancy of the premises, or for any other costs, expenses, fees, payments, or damages for which the tenant is responsible under the rental agreement or applicable law.
No city, village, town, or county may enact an ordinance that requires a landlord to communicate to tenants any information that is not required to be communicated to tenants under federal or state law.
b. Subdivision 1. a.
does not apply to an ordinance that has a reasonable and clearly defined objective of regulating the manufacture of illegal narcotics.
No city, village, town, or county may enact an ordinance that requires a landlord to communicate to the city, village, town, or county any information concerning the landlord or a tenant, unless any of the following applies:
The information is required of all residential real property owners.
The information is solely information that will enable a person to contact the owner or, at the option of the owner, an agent of the owner.
No city, village, town, or county may enact an ordinance that does any of the following:
Requires that a rental property or rental unit be inspected except upon a complaint by any person, as part of a program of regularly scheduled inspections conducted in compliance with s. 66.0119
, as applicable, or as required under state or federal law.
Charges a fee for conducting an inspection of a residential rental property unless all of the following are satisfied:
The amount of the fee is uniform for residential rental inspections.
The fee is charged at the time that the inspection is actually performed.
Charges a fee for a subsequent reinspection of a residential rental property that is more than twice the fee charged for an initial reinspection.
Except as provided in this subdivision, requires that a rental property or rental unit be certified, registered, or licensed. A city, village, town, or county may require that a rental unit be registered if the registration consists only of providing the name of the owner and an authorized contact person and an address and telephone number at which the contact person may be contacted.
No city, village, town, or county may impose an occupancy or transfer of tenancy fee on a rental unit.
Except as provided in subds. 2.
, no city, village, town, or county may enact an ordinance that requires a residential rental property owner to register or obtain a certification or license related to owning or managing the residential rental property.
2. Subdivision 1.
does not apply to an ordinance that applies uniformly to all residential rental property owners, including owners of owner-occupied rental property.
3. Subdivision 1.
does not prohibit a city, village, town, or county from requiring that a landlord be registered if the registration consists only of providing the name of the landlord and an authorized contact person and an address and telephone number at which the contact person may be contacted.
If a city, village, town, or county has in effect on December 21, 2011, an ordinance that is inconsistent with sub. (2) (a)
, the ordinance does not apply and may not be enforced.
If a city, village, town, or county has in effect on March 1, 2014, an ordinance that is inconsistent with sub. (2) (c)
, the ordinance does not apply and may not be enforced.
If a city, village, town, or county has in effect on March 2, 2016, an ordinance that is inconsistent with sub. (2) (e)
, or (g)
, the ordinance does not apply and may not be enforced.
Sub. (2) (d) 1. a. preempted a provision in an ordinance requiring landlords to notify tenants of city inspections under the city's inspection and registration program; it does not stop local governments from implementing rental housing inspection and registration programs as part of a housing code, let alone preclude other substantive housing code regulations. Olson v. City of La Crosse, 2015 WI App 67
, 364 Wis. 2d 615
, 869 N.W.2d 337
Jurisdiction of overlapping extraterritorial powers.
The extraterritorial powers granted to cities and villages by statute, including ss. 30.745
, 62.23 (2)
, 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.
History: 1981 c. 222
; 1993 a. 27
; 1999 a. 150
; Stats. 1999 s. 66.0105.
Power of municipalities to prohibit criminal conduct. 66.0107(1)(1)
The board or council of any town, village or city may:
Prohibit all forms of gambling and fraudulent devices and practices.
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.
Enact and enforce an ordinance to prohibit the possession 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 if a complaint is issued regarding an allegation of possession of more than 25 grams of marijuana, or possession of any amount of marijuana following a conviction in this state for possession of marijuana, the subject of the complaint may not be prosecuted under this paragraph for the same action that is the subject of the complaint unless the charges are dismissed or the district attorney declines to prosecute the case.