Wis. Stat. § 66.0103

Current through Acts 2023-2024, ch. 272

Section 66.0103 - Code of ordinances

(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.

(2) Publication of a code enacted under sub. (1), in book or pamphlet form, meets the publication requirements of ss. 59.14 , 60.80 , 61.50(1) and 62.11(4) (a) .

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evaluating whether a municipality may regulate a matter of state-wide concern: 1) whether the legislature has expressly withdrawn the power of municipalities to act; 2) whether the ordinance logically conflicts with the state legislation; 3) whether the ordinance defeats the purpose of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, 355 N.W.2d 234 (1984). 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.