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Thread: Can local ordinance be stricter than state statute?

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    Can local ordinance be stricter than state statute?

    Talked to my police Chief buddy who believes that local ordinance can be stricter than state statute? This issue in this case was that city increased seat belt fines from $10 as defined by state to $50 by municipal judge. This discussion led to the fact that now the reason cities do not enforce pre act 35 firearm ordinances is bec of constitutional challenges. He believes that cities/villages can have ordinances stricter than state statute. I told him that is not the case. My question: Does the state allow/ exempt certain city ordinances to be stricter than state statutes I am trying to find the cite on state website but unsuccessful.

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    There are 56 hits on 'stringent", 68 on "preempt", and 10 on "preemption" in the Wisconsin statutes. Chapter 66, subchapter IV seems most likely.
    Last edited by Nightmare; 03-16-2015 at 02:37 PM.
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    Quote Originally Posted by Law abider View Post
    Talked to my police Chief buddy who believes that local ordinance can be stricter than state statute? This issue in this case was that city increased seat belt fines from $10 as defined by state to $50 by municipal judge. This discussion led to the fact that now the reason cities do not enforce pre act 35 firearm ordinances is bec of constitutional challenges. He believes that cities/villages can have ordinances stricter than state statute. I told him that is not the case. My question: Does the state allow/ exempt certain city ordinances to be stricter than state statutes I am trying to find the cite on state website but unsuccessful.
    In some instances yes. Except where specifically restricted, local ordinances may/might be more limiting than the state statute.

    Example:

    See #13
    http://www.protectlocalcontrol.org/d...Preemption.pdf

    http://docs.legis.wisconsin.gov/1995...tatutes/66/092

    Others more familiar with this subject should chime in shortly.
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    Quote Originally Posted by Law abider View Post
    Talked to my police Chief buddy who believes that local ordinance can be stricter than state statute? This issue in this case was that city increased seat belt fines from $10 as defined by state to $50 by municipal judge. This discussion led to the fact that now the reason cities do not enforce pre act 35 firearm ordinances is bec of constitutional challenges. He believes that cities/villages can have ordinances stricter than state statute. I told him that is not the case. My question: Does the state allow/ exempt certain city ordinances to be stricter than state statutes I am trying to find the cite on state website but unsuccessful.

    You're confusing the firearms preemption law with pre-empting all laws. Isn't so.

    Unless state law specifically says a municipality/county can't do it, I don't know of any state statute that says locals can't have stricter laws/fines than is set in state law.

    2 examples quickly off the top of my head. Forever some counties/cities/villages/towns had ordinances limiting the size of a knife blade one could have. I know of no state law that mentioned such things. Also, while state law allows for beer sales up until midnight, lots of locales shut down store beer sales at 9pm. All of Milwaukee county is one of them, dang nab it!
    Last edited by pkbites; 03-16-2015 at 04:24 PM. Reason: Spelling

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