EMERGENCY POWER

 

Local Emergency

 

In the event of an emergency, Wisconsin municipalities are empowered, despite any other provision of law to the contrary, to declare, by ordinance or resolution, an emergency existing within the city, village or town "whenever conditions arise by reason of war, conflagration [fire], flood, heavy snow storm, blizzard, catastrophe, disaster, riot or civil commotion, acts of God, and including conditions, without limitation because of enumeration, which impair transportation, food or fuel supplies, medical care, fire, health or police protection or other vital [municipal] facilities." The ordinance or resolution must limit the emergency period to the time during which the emergency conditions exist or are likely to exist. The governing body's emergency power includes the authority to order, by ordinance or resolution, whatever is "necessary and expedient for the health, safety, welfare and good order of the [municipality] in the emergency and includes without limitation because of enumeration the power to bar, restrict or remove all unnecessary traffic, both vehicular and pedestrian, from the local highways. The governing body can also provide penalties for violation of any emergency ordinance or resolution not to exceed a $100 forfeiture or, in default of payment of the forfeiture, six months' imprisonment for each separate offense. If the municipal governing body cannot meet promptly because of the emergency, the chief executive officer or acting chief executive officer is empowered to exercise by proclamation all of the powers conferred upon the governing body which the officer believes necessary and expedient. Any such proclamation is subject to ratification, alteration, modification or repeal by the governing body as soon as it can meet, but the subsequent action taken by the governing body does not affect the prior validity of the proclamation. Sec. 166.23(3), Stats.

Handbook for Wisconsin Municipal Officials