6. Is there a time limit for challenging an ordinance based on procedural errors?

Yes. Wisconsin Statute § 889.04 significantly limits the time for challenging the validity of an ordinance based on procedural errors. Specifically, § 889.04 provides that an ordinance entered or recorded in a city or village ordinance or record book pursuant to § 62.09(11)(c) or § 61.25(3) or printed in any newspaper, book, pamphlet, or other form purporting to be so published, entered or recorded by any city or village as a copy of its ordinance, bylaw, resolution, or regulation is conclusive proof of the regularity of the adoption and publication of the ordinance, bylaw, resolution, or regulation after three (3) years from the date of such publication, entry, or recording. Although the statute conclusively presumes regularity of adoption and publication of ordinance, it does not conclusively establish an ordinance’s validity. Kenosha County v. Town of Paris, 148 Wis. 2d 175, 434 N.W.2d 801 (Ct. App. 1988).

(rev. 11/21)

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1. 1. How many years does a municipality have to prosecute an ordinance violation?
2. 2. Does state law require that ordinances be read a certain number of times before they are voted on?
3. 3. What is the difference between an ordinance and a resolution and what determines whether an ordinance or resolution should be used?
4. 4. What is a charter ordinance?
5. 5. What are the basic procedures for initiation of a charter ordinance by a municipal governing body and adoption?
6. 6. Is there a time limit for challenging an ordinance based on procedural errors?
7. 7. Is a public hearing required for all ordinances?