1999 Wisconsin Act 150

150,127 Section 127. 66.0495 (1) (d) of the statutes is renumbered 30.13 (5m) (a) 3. and amended to read:

30.13 (5m) (a) 3. An order under this subsection paragraph shall be served upon the owner or person responsible in the manner provided for the service of a summons in circuit court. If the owner or person responsible cannot be found, the order may be served by posting it on the wharf or pier and by publishing it as a class 3 notice under ch. 985. The order shall specify the action to be taken and the time within which it shall be complied with. At least 50 days must be allowed for compliance.

150,128 Section 128. 66.0495 (2) (title) and (a) (title) of the statutes are repealed.

150,129 Section 129. 66.0495 (2) (a) of the statutes is renumbered 30.13 (5m) (b) 1. and amended to read:

30.13 (5m) (b) 1. If the owner or person responsible fails to comply with an order issued under sub. (1) par. (a), the governing body of a city, village or town or a designated officer may cause the wharf or pier to be removed through any available public agency or by a contract or arrangement by a private person. The cost of the removal may be charged against the real estate on which or adjacent to which the wharf or pier is located, constitutes a lien against that real estate and may be assessed and collected as a special tax. The governing body of the city, village or town or the designated officer may sell any salvage or valuable material resulting from the removal at the highest price obtainable. The governing body of the city, village or town or the designated officer shall remit the net proceeds of any sale, after deducting the expense of the removal, to the circuit court for use of the person entitled to the proceeds subject to the order of the court. The governing body of the city, village or town or the designated officer shall submit a report on any sale to the circuit court which shall include items of expense and the amount deducted. If there are no net proceeds, the report shall state that fact.

150,130 Section 130. 66.0495 (2) (b) (title) of the statutes is repealed.

150,131 Section 131. 66.0495 (2) (b) of the statutes is renumbered 30.13 (5m) (b) 2. and amended to read:

30.13 (5m) (b) 2. If the owner or person responsible fails to comply with an order issued under sub. (1) par. (a), the governing body of a city, village or town or a designated officer may commence an action in circuit court for a court order requiring the person to comply with the order issued under sub. (1) par. (a). The court shall give the hearing on this action precedence over other matters on the court's calendar. Costs may be assessed in the discretion of the court and may assess costs.

150,132 Section 132. 66.0495 (3) (title) of the statutes is repealed.

150,133 Section 133 . 66.0495 (3) of the statutes is renumbered 30.13 (5m) (c) and amended to read:

30.13 (5m) (c) A person affected by an order issued under sub. (1) par. (a) may apply to circuit court within 30 days after service of the order for a restraining order prohibiting the governing body of the city, village or town or the designated officer from removing the wharf or pier. The court shall conduct a hearing on the action within 20 days after application. The court shall give this hearing precedence over other matters on the court's calendar. The court shall determine whether the order issued under sub. (1) par. (a) is reasonable. If the court finds that the order issued under sub. (1) par. (a) is unreasonable, it shall issue a restraining order or modify it as the circumstances require and the governing body of the city, village or town or the designated officer may not issue another order under sub. (1) par. (a) with respect to the wharf or pier unless its condition is substantially changed. Costs may be assessed in the discretion of the The court may assess costs. The remedy provided under this subsection paragraph is exclusive and no person affected by an order issued under sub. (1) par. (a) may recover damages for the removal of a wharf or pier under this section.

150,134 Section 134 . 66.05 (title) of the statutes is renumbered 66.0413 (title) and amended to read:

66.0413 (title) Razing buildings; excavations.

150,135 Section 135 . 66.05 (1g) and (1m) (a) of the statutes are repealed.

Note: The repealed provisions are restated as s. 66.0413 (1) (a), (b) and (d) and the first sentence of par. (f). See Sections 98 to 102 of the bill.

150,136 Section 136. 66.05 (1m) (b) of the statutes is renumbered 66.0413 (1) (c) and amended to read:

66.0413 (1) (c) Reasonableness of repair; presumption. Except as provided in sub. (9) (3), if a municipal governing body, building inspector of buildings or designated officer determines that the cost of such repairs of a building described in par. (b) 1. would exceed 50 per cent 50% of the assessed value of such the building divided by the ratio of the assessed value to the recommended value as last published by the department of revenue for the municipality within which such the building is located, such the repairs shall be are presumed unreasonable and it shall be presumed for the purposes of this section that such building is a public nuisance for purposes of par. (b) 1.

150,137 Section 137. 66.05 (1m) (c) of the statutes is renumbered 66.0413 (1) (L) 1. and amended to read:

66.0413 (1) (L) 1. Acts of municipal authorities under this section shall subsection do not increase the liability of an insurer.

150,138 Section 138. 66.05 (1m) (d) of the statutes is renumbered 66.0413 (1) (e) and amended to read:

66.0413 (1) (e) Effect of recording order. If a raze order issued under par. (a) (b) is recorded with the register of deeds in the county in which the building is located, the order is considered to have been served, as of the date the raze order is recorded, on any person claiming an interest in the building or the real estate as a result of a conveyance from the owner of record unless the conveyance was recorded before the recording of the raze order.

150,139 Section 139 . 66.05 (2) (a) of the statutes is renumbered 66.0413 (1) (f) and amended to read:

66.0413 (1) (f) Failure to comply with order; razing building. An order under par. (b) shall specify the time within which the owner of the building is required to comply with the order and shall specify repairs, if any. If the owner fails or refuses to comply within the time prescribed, the building inspector of buildings or other designated officer may cause such building or part thereof to be razed and removed and may restore the site to a dust-free and erosion-free condition either proceed to raze the building through any available public agency or by contract or arrangement with private persons, or closed to secure the building and, if necessary, the property on which the building is located if unfit for human habitation, occupancy or use. The cost of such razing , removal and restoration of the site to a dust-free and erosion-free condition or closing securing the building may be charged in full or in part against the real estate upon which such the building is located, and if that cost is so charged it is a lien upon such the real estate and may be assessed and collected as a special tax. Any portion of the cost charged against the real estate that is not reimbursed under s. 632.103 (2) from funds withheld from an insurance settlement may be assessed and collected as a special tax.

Note: 1. The first sentence is from s. 66.05 (1m) (a), repealed by Section 135 .

2. Clarifies that an option upon failure to comply with an order is to secure the building and, if necessary, the property on which the building is located. The new language more accurately reflects current practice.

(j) Sale of salvage. When any building has been ordered razed and removed and If an order to raze a building has been issued to restore the site to a dust-free and erosion-free condition, the governing body or other designated officer under said the contract or arrangement aforesaid to raze the building may sell the salvage and valuable materials at the highest price obtainable. The net proceeds of such the sale, after deducting the expenses of such razing, removal and restoration of the site to a dust-free and erosion-free condition the building, shall be promptly remitted to the circuit court with a report of such the sale or transaction, including the items of expense and the amounts deducted, for the use of the any person who may be entitled thereto to the net proceeds, subject to the order of the court. If there remains no surplus to be turned over to the court, the report shall so state. If the building or part thereof is insanitary and unfit for human habitation, occupancy or use, and is not in danger of structural collapse the building inspector shall post a placard on the premises containing the following words: "This Building Cannot Be Used for Human Habitation, Occupancy or Use". And it is the duty of the building inspector or other designated officer to prohibit the use of the building for human habitation, occupancy or use until the necessary repairs have been made.

Note: The last 2 sentences are restated as s. 66.0413 (1) (br) 1. See Section 101 .

150,140 Section 140. 66.05 (2) (b) of the statutes is renumbered 66.0413 (1) (g) and amended to read:

66.0413 (1) (g) Court order to comply. Any A municipality, building inspector of buildings or designated officer may, in his, her or its official capacity, commence and prosecute an action in circuit court for an order of the court requiring the owner to comply with an order to raze or remove any a building or part thereof issued under this section subsection if the owner fails or refuses to do so within the time prescribed in the order, or for an order of the court requiring any person occupying a building whose occupancy has been prohibited under this section subsection to vacate the premises, or any combination of the court orders. Hearing A hearing on such actions under this paragraph shall be given preference. Costs shall be Court costs are in the discretion of the court.

Note: Clarifies that the costs referred to are court costs, not the cost of razing or securing a building.

150,141 Section 141. 66.05 (2) (c) of the statutes is renumbered 66.0413 (1) (br) 2. and amended to read:

66.0413 (1) (br) 2. Any person who rents, leases or occupies a building which has been condemned for human habitation, occupancy or use under subd. 1. shall be fined not less than $5 nor more than $50 or imprisoned not more than 30 days for each week of such the violation, or both.

150,142 Section 142. 66.05 (3) of the statutes is renumbered 66.0413 (1) (h) and amended to read:

66.0413 (1) (h) Restraining order. Anyone A person affected by any such an order shall issued under par. (b) may within the time provided by s. 893.76 apply to the circuit court for an order restraining the building inspector of buildings or other designated officer from razing and removing the building or part thereof and restoring the site to a dust-free and erosion-free condition or forever be barred. The hearing shall be held within 20 days and shall be given preference. The court shall determine whether the raze order of the inspector of buildings is reasonable, and if. If the order is found reasonable the court shall dissolve the restraining order, and if. If the order is found not reasonable the court shall continue the restraining order or modify it as the circumstances require. Costs shall be are in the discretion of the court. If the court finds that the order of the inspector of buildings is unreasonable, the building inspector of buildings or other designated officer shall issue no other order under this section subsection in regard to the same building or part thereof until its condition is substantially changed. The remedies provided in this subsection paragraph are exclusive remedies and anyone affected by such an order of the inspector shall issued under par. (b) is not be entitled to recover any damages for the razing and removal of any such of the building and the restoration of the site to a dust-free and erosion-free condition.

150,143 Section 143. 66.05 (5) of the statutes is renumbered 66.0413 (1) (i) and amended to read:

66.0413 (1) (i) Removal of personal property. If any a building ordered razed and removed and the site ordered restored to a dust-free and erosion-free condition or made safe and sanitary by repairs subject to an order under par. (b) contains personal property or fixtures which will unreasonably interfere with the razing or repair of such the building and restoration of such site or if the razing and removal of the building and the restoration of the site to a dust-free and erosion-free condition makes necessary the removal, sale or destruction of such the personal property or fixtures, the building inspector of buildings or other designated officer may order in writing the removal of such the personal property or fixtures by a date certain date. Such. The order shall be served as provided in sub. (1m) par. (d). If the personal property or fixtures or both are not removed by the time specified the inspector may store the same, or may, sell it, or, if it has no appreciable value he or she may, destroy the same. In case personal property or fixture. If the property is stored the amount paid for storage shall be is a lien against such the property and against the real estate and, to the extent that the amount is not reimbursed under s. 632.103 (2) from funds withheld from an insurance settlement, shall be assessed and collected as a special tax against the real estate if the real estate is owned by the owner of the personal property and fixtures. If the property is stored the owner thereof of the property, if known, shall be notified of the place of its storage and if it be the property is not claimed by the owner it may be sold at the expiration of 6 months after it has been stored. In case of sale the The handling of the sale and the distribution of the net proceeds after deducting the cost of storage and any other costs shall be handled as specified in sub. (2) par. (j) and a report made to the circuit court as therein specified. Anyone in par. (j). A person affected by any order made under this subsection paragraph may appeal as provided in sub. (3) par. (h).

150,144 Section 144. 66.05 (5m) of the statutes is renumbered 66.0413 (1) (L) 2. and amended to read:

66.0413 (1) (L) 2. This section shall does not limit powers otherwise granted to municipalities by other laws of this state.

150,145 Section 145. 66.05 (6) of the statutes is renumbered 66.0427 and amended to read:

66.0427 Open excavations in populous counties. In any a town, city or village in any a county having with a population of 500,000 or more no excavation for building purposes, whether or not completed, shall may be left open for more than 6 months without proceeding with the erection of a building thereon. In the event any such on the excavation. If an excavation remains open for more than 6 months, the building inspector of buildings or other designated officer in such of the town, village or city shall order that the erection of a building on the excavation begin forthwith or in the alternative that the excavation be filled to grade. The order shall be served upon the owner of the land or the owner's agent and upon the holder of any encumbrance of record as provided in sub. (1m) s. 66.0413 (1) (d). If the owner of the land fails to comply with the order within 15 days after service thereof of the order upon the owner, the building inspector of buildings or other designated officer shall cause fill the excavation to be filled to grade and the cost shall be charged against the real estate as provided in sub. (2). Subsection (3) shall also apply s. 66.0413 (1) (f). Section 66.0413 (1) (h) applies to orders issued under this subsection section. This shall not be construed to section does not impair the authority of any a city or village to enact ordinances in this field.

150,146 Section 146 . 66.05 (8) (a) to (bm) of the statutes are renumbered 66.0413 (2) (a) to (e) and amended to read:

66.0413 (2) (a) Definitions. In this subsection "building":

1. "Building" means a building, dwelling or structure.

(b) Notification of nuisance. Whenever an If the owner of any a building in any a city, village or town permits the same, either as a result of vandalism or for any other reason, to deteriorate or become dilapidated or blighted to the extent where windows, doors or other openings or plumbing or heating fixtures or facilities or appurtenances of such building are either deteriorated, damaged, destroyed or removed so that such building offends the aesthetic character of the immediate neighborhood or produces blight or deterioration by reason of such condition building to become a public nuisance, the building inspector or other designated officer of such the city, village or town shall issue a written notice respecting of the existence of such defect; such that makes the building a public nuisance. The written notice shall be served on the owner of such the building as set forth in provided under sub. (1m) (a) (1) (d) and shall direct the owner of such building to promptly remedy the defect within 30 days following the service of such notice.

(c) Failure to remedy; court order to remedy or raze. 1. If an owner fails to remedy or improve the defect in accordance with the written notice furnished by the building inspector or other designated officer under par. (am) (b) within the 30-day period specified in the written notice, the building inspector or other designated officer shall apply to the circuit court of the county in which the building is located for an order determining that the building constitutes a public nuisance. As a part of the application for such the order from the circuit court the building inspector or other designated officer shall file a verified petition which recites the giving of such written notice, the defect or defects in such the building, the owner's failure to comply with the notice and such other pertinent facts as may be related thereto. A copy of the petition shall be served upon the owner of record or the owner's agent if an agent is in charge of the building and upon the holder of any encumbrance of record under sub. (1m) (a) and the (1) (d). The owner shall have reply to the petition within 45 days following service upon the owner in which to reply to such petition. Upon application by the building inspector or other designated officer the circuit court shall set promptly the petition for hearing. Testimony shall be taken by the circuit court with respect to the allegations of the petition and denials contained in the verified answer. If the circuit court after hearing the evidence with respect to on the petition and the answer determines that the building constitutes a public nuisance, the court shall issue promptly an order directing the owner of the building to remedy the defect and to make such repairs and alterations as may be required. The court shall set a reasonable period of time in which the defect shall be remedied and the repairs or alterations completed. A copy of the order shall be served upon the owner as provided in sub. (1m) (a) (1) (d). The order of the circuit court shall state in the alternative that if the order of the court is not complied with within the time fixed by the court, the court will appoint a receiver or authorize the building inspector or other designated officer to proceed to raze and remove the building and restore the site to a dust-free and erosion-free condition under par. (bg) (d).

2. In an action under this subsection, the circuit court before which the action is commenced shall exercise jurisdiction in rem or quasi rem over the property which is the subject of the action. The owner of record of the property, if known, and all other persons of record holding or claiming any interest in the property shall be made parties defendant and service of process may be had made upon them.

3. It shall is not be a defense to an action under this subsection that the owner of record of the property is a different person, partnership or corporate entity than the owner of record of the property on or after the date the action was commenced or thereafter if a lis pendens was filed before the change of ownership.

(d) Failure to comply with court order. If the order of the circuit court under par. (b) (c) is not complied with within the time fixed by the court under par. (b) (c), the court shall authorize the building inspector or other designated officer to raze and remove the building and restore the site to a dust-free and erosion-free condition or shall appoint a disinterested person to act as receiver of the property to do either of the following within a reasonable period of time set by the court:

1. Remedy the defect and make any repairs and alterations necessary to meet the standards required by the building code or any health order. A receiver appointed under this subdivision, with the approval of the circuit court, may borrow money against and mortgage the property held in receivership as security in any amount necessary to remedy the defect and make the repairs and alterations. For the expenses incurred to remedy the defect and make the repairs and alterations necessary under this subdivision, the receiver shall have has a lien upon the property. At the request of and with the approval of the owner, the receiver may sell the property at a price equal to at least the appraisal appraised value of the property plus the cost of any repairs made under this subdivision. The selling owner shall be is liable for such those costs.

2. Secure and sell the building to a buyer who demonstrates to the circuit court an ability and intent to rehabilitate the building and to cause have the building to be reoccupied in a legal manner.

(e) Receiver; order to raze. 1. Any A receiver appointed under par. (bg) (d) shall collect all rents and profits accruing from the property held in receivership and pay all costs of management, including all general and special real estate taxes or assessments and interest payments on first mortgages on the property. A receiver under par. (bg) (d) shall apply moneys received from sale of property held in receivership to pay all debts due on the property in the order set by law and shall pay any balance to the selling owner if the circuit court approves.

2. The circuit court shall set the fees and bond of a receiver appointed under par. (bg) (d) and may discharge the receiver as the court deems considers appropriate.

3. Nothing in this subsection relieves the owner of any property for which a receiver has been appointed under par. (bg) (d) from any civil or criminal responsibility or liability except that the receiver shall have has civil and criminal responsibility and liability for all matters and acts directly under the receiver's authority or performed at his or her discretion.

4. If a defect is not remedied and repairs and alterations are not made within the time limit set by the circuit court under par. (bg) (d), the court shall order that the building inspector or other designated officer proceed to raze and remove the building and restore the site to a dust-free and erosion-free condition.

5. All costs and disbursements with respect to razing, removing and restoration of the site raze a building under this subsection shall be as provided for under sub. (2) (a) (1) (f).

150,147 Section 147 . 66.05 (8) (d) of the statutes is repealed.

Note: Restated as a definition under s. 66.0413 (2) (a) 2. See Section 106 of this bill.

150,148 Section 148. 66.05 (9) of the statutes is renumbered 66.0413 (3), and 66.0413 (3) (d), as renumbered, is amended to read:

66.0413 (3) (d) If a municipal governing body, inspector of buildings or designated officer determines that the cost of repairs to a historic building would be less than 85% of the assessed value of the building divided by the ratio of the assessed value to the recommended value as last published by the department of revenue for the municipality within which the historic building is located, such the repairs shall be are presumed reasonable.

150,149 Section 149. 66.05 (10) of the statutes is renumbered 66.0413 (4).

150,150 Section 150. Subchapter V (title) of chapter 66 [precedes 66.0501] of the statutes is created to read:

Chapter 66

Subchapter V
Officers and Employes

150,151 Section 151. 66.051 (title) and (1) (a) to (bm) of the statutes are renumbered 66.0107 (title) and (1) (a) to (bm), and 66.0107 (1) (b) and (bm), as renumbered, are amended to read:

66.0107 (1) (b) Cause the seizure of Seize anything devised solely for gambling or found in actual use for gambling and cause the destruction of any such thing destroy the device after a judicial determination that it was used solely for gambling or found in actual use for gambling; and

(bm) Enact and enforce an ordinance to prohibit the possession of 25 grams or less of marijuana, as defined in s. 961.01 (14), subject to the exceptions in s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the ordinance; except that any person who is charged with possession of more than 25 grams of marijuana, or who is charged with possession of any amount of marijuana following a conviction for possession of marijuana, in this state shall not be prosecuted under this paragraph; and.

150,152 Section 152. 66.051 (1) (c) of the statutes is repealed.

Note: Section 66.051 (1) (c) is repealed as unnecessary given the general provision of s. 66.051 (2), renumbered s. 66.0107 (2), that nothing in the section may be construed to preclude cities, villages and towns from prohibiting conduct which is the same or similar to that prohibited by chs. 941 to 948. Under repealed par. (c), towns, villages and cities may: "Prohibit conduct which is the same as or similar to that prohibited by s. 947.01, 947.012 or 947.0125."

150,153 Section 153. 66.051 (2) and (3) of the statutes are renumbered 66.0107 (2) and (3).

150,154 Section 154 . 66.0517 of the statutes is created to read:

66.0517 Weed commissioner. (1) Definition. In this section, "noxious weeds" has the meaning given in s. 66.0407 (1) (b).

(2) Appointment. (a) Town, village and city weed commissioner. The chairperson of each town, the president of each village and the mayor of each city may appoint one or more commissioners of noxious weeds on or before May 15 in each year. A weed commissioner shall take the official oath and the oath shall be filed in the office of the town, village or city clerk. A weed commissioner shall hold office for one year and until a successor has qualified or the town chairperson, village president or mayor determines not to appoint a weed commissioner. If more than one commissioner is appointed, the town, village or city shall be divided into districts by the officer making the appointment and each commissioner shall be assigned to a different district. The town chairperson, village president or mayor may appoint a resident of any district to serve as weed commissioner in any other district of the same town, village or city.

(b) County weed commissioner. A county may by resolution adopted by its county board provide for the appointment of a county weed commissioner and determine the duties, term and compensation for the county weed commissioner. When a weed commissioner has been appointed under this paragraph and has qualified, the commissioner has the powers and duties of a weed commissioner described in this section. Each town chairperson, village president or mayor may appoint one or more deputy weed commissioners, who shall work in cooperation with the county weed commissioner in the district assigned by the appointing officer.

(3) Powers, duties and compensation. (a) Destruction of noxious weeds. A weed commissioner shall investigate the existence of noxious weeds in his or her district. If a person in a district neglects to destroy noxious weeds as required under s. 66.0407 (3), the weed commissioner shall destroy, or have destroyed, the noxious weeds in the most economical manner. A weed commissioner may enter upon any lands that are not exempt under s. 66.0407 (5) and cut or otherwise destroy noxious weeds without being liable to an action for trespass or any other action for damages resulting from the entry and destruction, if reasonable care is exercised.

(b) Compensation of weed commissioner. 1. Except as provided in sub. (2) (b), a weed commissioner shall receive compensation for the destruction of noxious weeds as determined by the town board, village board or city council upon presenting to the proper treasurer the account for noxious weed destruction, verified by oath and approved by the appointing officer. The account shall specify by separate items the amount chargeable to each piece of land, describing the land, and shall, after being paid by the treasurer, be filed with the town, village or city clerk. The clerk shall enter the amount chargeable to each tract of land in the next tax roll in a column headed "For the Destruction of Weeds", as a tax on the lands upon which the weeds were destroyed. The tax shall be collected under ch. 74, except in case of lands which are exempt from taxation, railroad lands or other lands for which taxes are not collected under ch. 74. A delinquent tax may be collected as is a delinquent real property tax under chs. 74 and 75 or as is a delinquent personal property tax under ch. 74. In case of railroad lands or other lands for which taxes are not collected under ch. 74, the amount chargeable against these lands shall be certified by the town, village or city clerk to the state treasurer who shall add the amount designated to the sum due from the company owning, occupying or controlling the lands specified. The state treasurer shall collect the amount chargeable as prescribed in subch. I of ch. 76 and return the amount collected to the town, city or village from which the certification was received.

2. For the performance of duties other than the destruction of noxious weeds, a weed commissioner shall receive compensation to be determined by the town board, village board or city council.

Note: Creates s. 66.0517 of the statutes in order to combine the provisions regarding weed commissioners contained in ss. 66.97 to 66.99. The latter statutes are repealed in Section 620 of this bill. The new provision specifies that the appointment of a town, village or city weed commissioner is optional. The provision also differs from s. 66.97 by treating a 1st class city in the same manner as any other city. Otherwise, ss. 66.97 to 66.99 are restated.

150,155 Section 155. 66.052 of the statutes is renumbered 66.0415 and amended to read:

66.0415 Offensive industry. (1) Any The common council of a city or village board may direct the location, management and construction of, and license, regulate or prohibit, any industry, thing or place where any nauseous, offensive or unwholesome business is carried on, that is within the city or village or within 4 miles of the boundaries of the city or village, except that the Milwaukee, Menominee and Kinnickinnic rivers with their branches to the outer limits of the county of Milwaukee, and all canals connecting with said these rivers, together with the lands adjacent to said these rivers and canals or within 100 yards of them, are deemed to be within the jurisdiction of the city of Milwaukee. Any A town board shall have has the same powers as are provided in this section for cities and villages, as to the area within the town that is not licensed, regulated or prohibited by any a city or village under this section. Any A business that is conducted in violation of any a city, village or town ordinance that is authorized to be enacted under this section is a public nuisance. An action for the abatement or removal of the business or to obtain an injunction to prevent operation of the business may be brought and maintained by the common council or village or town board in the name of this state on the relation of such the city, village or town as provided in ss. 823.01, 823.02 and 823.07, or as provided in s. 254.58. Section 97.42 may does not limit the powers granted by this section. Section 95.72 may does not limit the powers granted by this section to cities or villages but powers granted to towns by this section are limited by s. 95.72 and by any orders and rules promulgated under s. 95.72.

(2) Any To prevent nuisance, a city or village may, subject to the approval of the appropriate town board of such town, by ordinance enact reasonable regulations governing areas where refuse, rubbish, ashes or garbage shall be are dumped or accumulated in any a town within one mile of the corporate limits of such the city or village, so as to prevent nuisance.

150,156 Section 156. 66.053 of the statutes is renumbered 66.0433, and 66.0433 (1) (a), (am) and (c) and (2), as renumbered, are amended to read:

66.0433 (1) (a) Each A town board, village board and or common council shall may grant licenses to such persons as they deem it considers proper for the sale of beverages containing less than one-half of one per centum 0.5% of alcohol by volume to be consumed on the premises where sold and to manufacturers, wholesalers, retailers and distributors of such these beverages, for which. The fee for a license fee of shall be not less than $5 nor more than $50, to be fixed by the board or council, shall be paid, except that where such these beverages are sold, not to be consumed on for consumption off the premises, the license fee shall be $5. Such The license shall be issued by the town, village or city clerk, shall designate the specific premises for which granted and shall expire the thirtieth day of next June thereafter 30 after issuance. The full license fee shall be charged for the whole or a fraction of the year. No such beverages shall described in this paragraph may be manufactured, sold at wholesale or retail or sold for consumption on the premises, or kept for sale at wholesale or retail, or for consumption on the premises where sold, without such a license issued under this paragraph.

(am) In case of removal of the If a place of business moves from the premises designated in the license to another location in the town, village or city within the license period, the licensee shall give notice of such the change of location, and the license shall be amended accordingly without payment of an additional fee. No such A license, however, shall be is not transferable from one person to another.

(c) Each A town board, village board and or common council shall have authority may by resolution or ordinance to adopt such regulations as it may deem reasonable and necessary regulations regarding the location of licensed premises, the conduct thereof of the licensed premises, the sale of beverages containing less than one-half of one per centum 0.5% of alcohol by volume and the revocation of any license or permit.

(2) Soda water beverages. Each A town board, village board and or common council of any city may grant licenses to such persons as they deem it considers proper for the sale of soda water beverages, as defined in s. 97.34, to be consumed on or off the premises where sold. Such A license fee shall be fixed by such the governing body of such the city, village or town but shall not exceed $5. The license shall be issued by the town, city or village clerk, shall designate the specific premises for which granted and shall expire on the thirtieth day of next June thereafter. Each such 30 after issuance. The governing body shall have authority may by resolution or ordinance to adopt such regulations as it may deem reasonable and necessary regulations regarding the location of licensed premises, the conduct thereof of the licensed premises and the revocation of any such license.

150,157 Section 157. 66.057 of the statutes is renumbered 157.129, and 157.129 (title), as renumbered, is amended to read:

157.129 (title) Minimum acreage of cemeteries; local ordinance.

150,158 Section 158 . 66.058 (title), (1), (2) and (3) (title), (a), (b) and (c) 1. to 7. of the statutes are renumbered 66.0435 (title), (1), (2) and (3) (title), (a), (b) and (c) 1. to 7., and 66.0435 (1) (intro.) and (e), (2) and (3) (a), (c) 1. (intro.), 2. and 4. to 7., as renumbered, are amended to read:

66.0435 (1) Definitions. (intro.) For the purposes of In this section: