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Publications FAQ 10
Must cities and villages publish all newly enacted ordinances or resolutions in a newspaper?
Cities:
A city ordinance must be published as a class 1 notice (one insertion) under ch. 985, Stats., in the city’s official newspaper within 15 days of passage. It takes effect on the day after publication or at a later date if so prescribed.Wis. Stat. sec. 62.11(4)(a). Charter ordinances must also be published as class 1 notices under ch. 985, but they do not take effect until 60 days after passage and publication, or until approved in a referendum. Wis. Stat. secs. 66.0101(3) and (5).
Under Wis. Stat. sec. 62.11(4)(c), cities can choose to publish a summary of an ordinance instead of publishing the ordinance in its entirety. There is no general requirement that resolutions be published, although specific statutes may require resolution publication. Mention of the substance of the resolution and motions and votes taken concerning it must be included in the published proceedings.
Villages:
Village ordinances and bylaws which impose penalties or forfeitures must be published as class 1 notices (one insertion) under ch. 985, Stats., and take effect on the day after publication, unless a later date is prescribed. Wis. Stat. sec. 61.50(1). If the village has an official newspaper, such ordinances and bylaws must be published in the official newspaper. Wis. Stat. sec. 985.05(2). If the village does not have an official newspaper, such ordinances and bylaws must be published in an eligible newspaper published in the village, if there is one. Wis. Stat. sec. 985.05(1). If there is no eligible paper published in the village, the board may direct other publication or posting in at least three public places. Penalty ordinances and bylaws take effect the day after the village clerk has filed and recorded the proof unless a later date is prescribed. Wis. Stat. sec. 61.50(1).
Under sec. 61.50(3)(c), villages can opt to publish a summary of the ordinance as opposed to publishing the entire ordinance.
A village charter ordinance must be published as a class 1 notice under ch. 985 but is not effective until 60 days after passage and publication or approval in a referendum.
As in the case of city resolutions, a village resolution need not be published unless required by a specific statute. Resolutions should be referred to in the minutes, along with the motions and votes on the resolutions.
Code Publication:
We are often asked whether there is an alternative to publishing the complete text of lengthy ordinances. In addition to sections 62.11(4)(c) and 61.50(3)(c) which give municipalities the option of publishing summaries of ordinances, sec. 66.0103 allows a city or village to adopt a code of ordinances or a part of a code of ordinances and give an abbreviated notice rather than full publication. The procedure under sec. 66.0103, calls for the common council or village board to authorize the preparation of a code of general ordinances, or part of a code. A copy of the proposed code or part of the code of ordinances must be on file and open to public inspection in the clerk’s office for at least two weeks prior to adoption. Such a code or part of a code may be adopted by an ordinance referring to it and may be published in book or pamphlet form. Such publication is sufficient even though the individual ordinances in the code are not published in accordance with secs. 61.50(1) and 62.11(4). The ordinance adopting the code or partial code of ordinances should, however, be published in accordance with secs. 61.50(1) and 62.11(4). Also, once adopted, the code or partial code of ordinances must be permanently on file and open to the public in the clerk’s office.
It should be noted this provision does not relieve municipalities of the need to follow special requirements, such as voting, notice or hearing requirements, for particular ordinances. Section 66.0103 merely provides an optional method to publication under secs. 61.50(1) and 62.11(4). It is still necessary to look to the specific provisions involved and follow any requirements contained therein.
Cities:
A city ordinance must be published as a class 1 notice (one insertion) under ch. 985, Stats., in the city’s official newspaper within 15 days of passage. It takes effect on the day after publication or at a later date if so prescribed.Wis. Stat. sec. 62.11(4)(a). Charter ordinances must also be published as class 1 notices under ch. 985, but they do not take effect until 60 days after passage and publication, or until approved in a referendum. Wis. Stat. secs. 66.0101(3) and (5).
Under Wis. Stat. sec. 62.11(4)(c), cities can choose to publish a summary of an ordinance instead of publishing the ordinance in its entirety. There is no general requirement that resolutions be published, although specific statutes may require resolution publication. Mention of the substance of the resolution and motions and votes taken concerning it must be included in the published proceedings.
Villages:
Village ordinances and bylaws which impose penalties or forfeitures must be published as class 1 notices (one insertion) under ch. 985, Stats., and take effect on the day after publication, unless a later date is prescribed. Wis. Stat. sec. 61.50(1). If the village has an official newspaper, such ordinances and bylaws must be published in the official newspaper. Wis. Stat. sec. 985.05(2). If the village does not have an official newspaper, such ordinances and bylaws must be published in an eligible newspaper published in the village, if there is one. Wis. Stat. sec. 985.05(1). If there is no eligible paper published in the village, the board may direct other publication or posting in at least three public places. Penalty ordinances and bylaws take effect the day after the village clerk has filed and recorded the proof unless a later date is prescribed. Wis. Stat. sec. 61.50(1).
Under sec. 61.50(3)(c), villages can opt to publish a summary of the ordinance as opposed to publishing the entire ordinance.
A village charter ordinance must be published as a class 1 notice under ch. 985 but is not effective until 60 days after passage and publication or approval in a referendum.
As in the case of city resolutions, a village resolution need not be published unless required by a specific statute. Resolutions should be referred to in the minutes, along with the motions and votes on the resolutions.
Code Publication:
We are often asked whether there is an alternative to publishing the complete text of lengthy ordinances. In addition to sections 62.11(4)(c) and 61.50(3)(c) which give municipalities the option of publishing summaries of ordinances, sec. 66.0103 allows a city or village to adopt a code of ordinances or a part of a code of ordinances and give an abbreviated notice rather than full publication. The procedure under sec. 66.0103, calls for the common council or village board to authorize the preparation of a code of general ordinances, or part of a code. A copy of the proposed code or part of the code of ordinances must be on file and open to public inspection in the clerk’s office for at least two weeks prior to adoption. Such a code or part of a code may be adopted by an ordinance referring to it and may be published in book or pamphlet form. Such publication is sufficient even though the individual ordinances in the code are not published in accordance with secs. 61.50(1) and 62.11(4). The ordinance adopting the code or partial code of ordinances should, however, be published in accordance with secs. 61.50(1) and 62.11(4). Also, once adopted, the code or partial code of ordinances must be permanently on file and open to the public in the clerk’s office.
It should be noted this provision does not relieve municipalities of the need to follow special requirements, such as voting, notice or hearing requirements, for particular ordinances. Section 66.0103 merely provides an optional method to publication under secs. 61.50(1) and 62.11(4). It is still necessary to look to the specific provisions involved and follow any requirements contained therein.