66.0119(1)(b)
(b) "Peace officer" means a state, county, city, village, town, town sanitary district or public inland lake protection and rehabilitation district officer, agent or employee charged under statute or municipal ordinance with powers or duties involving inspection of real or personal property, including buildings, building premises and building contents.
66.0119(2)
(2) A peace officer may apply for, obtain and execute a special inspection warrant issued under this section. Except in cases of emergency where no special inspection warrant is required, special inspection warrants shall be issued for inspection of personal or real properties which are not public buildings or for inspection of portions of public buildings which are not open to the public only upon showing that consent to entry for inspection purposes has been refused.
66.0119(3)
(3) The following forms for use under this section are illustrative and not mandatory:
Affidavit
STATE OF WISCONSIN
.... County
In the .... court of the .... of ....
A. F., being duly sworn, says that on the .... day of ...., .... (year), in said county, in and upon certain premises in the (city, town or village) of .... and more particularly described as follows: (describe the premises) there now exists a necessity to determine if said premises comply with (section .... of the Wisconsin statutes) or (section .... of ordinances of said municipality) or both. The facts tending to establish the grounds for issuing a special inspection warrant are as follows: (set forth brief statement of reasons for inspection, frequency and approximate date of last inspection, if any, which shall be deemed probable cause for issuance of warrant).
Wherefore, the said A. F. prays that a special inspection warrant be issued to search such premises for said purpose.
...(Signed) A. F.
Subscribed and sworn to before me this .... day of ...., .... (year)
.... Judge of the .... Court.
Special Inspection Warrant
STATE OF WISCONSIN
.... County
In the .... court of the .... of ....
The State of Wisconsin, To the sheriff or any constable or any peace officer of said county:
Whereas, A. B. has this day complained (in writing) to the said court upon oath that on the .... day of ...., .... (year), in said county, in and upon certain premises in the (city, town or village) of .... and more particularly described as follows: (describe the premises) there now exists a necessity to determine if said premises comply with (section .... of the Wisconsin statutes) or (section .... of ordinances of said municipality) or both and prayed that a special inspection warrant be issued to search said premises.
Now, therefore, in the name of the state of Wisconsin you are commanded forthwith to search the said premises for said purposes.
Dated this .... day of ...., .... (year),
.... Judge of the .... Court.
Endorsement on Warrant
Received by me ...., .... (year), at .... o'clock .... M.
.... Sheriff (or peace officer).
Return of Officer
STATE OF WISCONSIN
.... Court
.... County.
I hereby certify that by virtue of the within warrant I searched the named premises and found the following things (describe findings).
Dated this .... day of ...., .... (year)
.... Sheriff (or peace officer).
66.0119 Annotation
Warrants for administrative or regulatory searches modify the conventional understanding of probable cause requirements for warrants since the essence of such a search is that there is no probable cause to believe a search will yield evidence of a violation. Refusal of consent is not a constitutional requirement for issuing the warrant, although it may be a statutory violation. Suppression only applies to constitutional violations. State v. Jackowski, 2001 WI App 187,
247 Wis. 2d 430,
633 N.W.2d 649.
66.0119 Annotation
The constitutional limitations on inspections pursuant to warrants issued under this section are discussed. Platteville Area Apartment Association v. City of Platteville,
179 F.3d 574 (1999).
66.0121
66.0121
Orders; action; proof of demand. No action may be brought upon a city, village, town or school district order until 30 days after a demand for the payment of the order has been made. If an action is brought and the defendant fails to appear and defend the action, judgment shall not be entered without affirmative proof of the demand. If judgment is entered without proof of the demand, the judgment is void.
66.0121 History
History: 1993 a. 246;
1995 a. 225;
1999 a. 150 s.
294; Stats. 1999 s. 66.0121.
66.0123
66.0123
Recreation authority. 66.0123(1)
(1) In this section, "governmental unit" means a town board or school board.
66.0123(2)
(2) A governmental unit may, after compliance with
s. 65.90, provide funds for the establishment, operation and maintenance of a department of public recreation.
66.0123(3)(a)(a) A governmental unit may delegate the power to establish, maintain and operate a department of public recreation to a recreation board, which shall consist of 3 members and shall be appointed by the chairperson or other presiding officer of the governmental unit. The first appointments shall be made so that one member serves one year, one serves 2 years and one serves 3 years. After the first appointments, terms are 3 years.
66.0123(3)(b)
(b) When 2 or more of the governmental units desire to conduct, jointly, a department of public recreation, the joint recreation board shall consist of not less than 3 members selected by the presiding officers of the governmental units acting jointly. Appointments shall be made for terms as provided in
par. (a).
66.0123(3)(c)
(c) The members of a recreation board shall serve gratuitously.
66.0123(3)(d)
(d) A recreation board may conduct the activities of the department of public recreation, expend funds, employ a supervisor of recreation, employ assistants, purchase equipment and supplies and generally supervise the administration, maintenance and operation of the department of public recreation and recreational activities authorized by the recreation board.
66.0123(4)(a)(a) A recreation board may conduct public recreation activities on property purchased or leased by a governmental unit for recreational purposes and under its own custody, on other public property under the custody of any other public authority, body or board with the consent of the public authority, body or board, or on private property with the consent of its owner. The recreation board, with the approval of the appointing authority, may accept gifts and bequests of land, money or other personal property, and use the gifts and bequests in whole or in part, the income from the gifts and bequests or the proceeds from the sale of any such property in the establishment, maintenance and operation of recreational activities.
66.0123(4)(b)
(b) A recreation board shall annually submit to the governmental unit a report of the board's activities, including receipts and expenditures. The report shall be submitted not less than 15 days before the annual meeting of the governmental unit.
66.0123(4)(c)
(c) An audit shall be made of the accounts of the recreation board in the same manner as provided for audits for towns or school districts as the case may be.
66.0123(4)(d)
(d) The persons selected by the recreation board shall furnish a surety bond in an amount fixed by the governmental unit.
66.0123 History
History: 1975 c. 233;
1993 a. 184;
1999 a. 150 ss.
32,
499,
500; Stats. 1999 s. 66.0123.
66.0125
66.0125
Community relations-social development commissions. 66.0125(1)(1)
Definition. In this section, "local governmental unit" means a city, village, town, school district or county.
66.0125(2)
(2) Creation. Each local governmental unit is authorized and urged to either establish by ordinance a community relations-social development commission or to participate in a commission established on an intergovernmental basis within the county under enabling ordinances adopted by the participating local governmental units. A school district may establish or participate in a commission by resolution. An intergovernmental commission may be established in cooperation with a nonprofit corporation located in the county and composed primarily of public and private welfare agencies devoted to any of the purposes set forth in this section. An ordinance or resolution establishing a commission shall substantially embody the language of
sub. (3). Each local governmental unit may appropriate money to defray the expenses of the commission. If the commission is established on an intergovernmental basis within the county, the provisions of
s. 66.0301, relating to local cooperation, apply as optional authority and may be utilized by participating local governmental units to effectuate the purposes of this section, but a contract between local governmental units is not necessary for the joint exercise of any power authorized for the joint performance of any duty required in this section.
66.0125(3)
(3) Purpose and functions of commission. 66.0125(3)(a)(a) The purpose of the commission is to study, analyze and recommend solutions for the major social, economic and cultural problems which affect people residing or working within the local governmental unit including, without restriction because of enumeration, problems of the family, youth, education, the aging, juvenile delinquency, health and zoning standards, and discrimination in housing, employment and public accommodations and facilities on the basis of sex, class, race, religion, sexual orientation or ethnic or minority status.
66.0125(3)(b)1.
1. Include within its studies problems related to pornography, industrial strife and the inciting or fomenting of class, race or religious hatred and prejudice.
66.0125(3)(c)1.
1. Recommend to the local governmental unit's governing body and chief executive or administrative officer the enactment of such ordinances or other action as they deem necessary:
66.0125(3)(c)1.a.
a. To establish and keep in force proper health standards for the community and beneficial zoning for the community area in order to facilitate the elimination of, and prevent the start and spread of, blighted areas.
66.0125(3)(c)1.b.
b. To ensure to all residents of a local governmental unit, regardless of sex, race, sexual orientation or color, the rights to possess equal housing accommodations and to enjoy equal employment opportunities.
66.0125(3)(c)2.
2. Cooperate with state and federal agencies and nongovernmental organizations having similar or related functions.
66.0125(3)(c)3.
3. Examine the need for, initiate, participate in and promote publicly and privately sponsored studies and programs in any field of human relationship that will aid in accomplishing the purposes and duties of the commission.
66.0125(3)(c)4.
4. Have authority to conduct public hearings within the local governmental unit and to administer oaths to persons testifying before it.
66.0125(3)(c)5.
5. Employ such staff as is necessary to implement the duties assigned to it.
66.0125(4)
(4) Composition of commission. The commission shall be nonpartisan and composed of citizens residing in the local governmental unit, including representatives of the clergy and minority groups. The composition of the commission and the method of appointing and removing commission members shall be determined by the governing body of the local governmental unit creating or participating in the commission. Notwithstanding
s. 59.10 (4) or
66.0501 (2), a member of the local governmental unit's governing body may serve on the commission, except that a county board member in a county having a population over 500,000 may not accept compensation for serving on the commission. Of the persons first appointed, one-third shall hold office for one year, one-third for 2 years, and one-third for 3 years from the first day of February next following their appointment, and until their respective successors are appointed and qualified. All succeeding terms shall be for 3 years. Any vacancy shall be filled for the unexpired term in the same manner as original appointments. Every person appointed as a member of the commission shall take and file the official oath.
66.0125(5)
(5) Organization. The commission shall meet in January, April, July and October of each year, and may meet at such additional times as the members determine or the chairperson directs. Annually, it shall elect from its membership a chairperson, vice chairperson and secretary. A majority of the commission shall constitute a quorum. Members of the commission shall receive no compensation, but each member shall be entitled to actual and necessary expenses incurred in the performance of commission duties. The commission may appoint consulting committees consisting of either members or nonmembers or both, the appointees of which shall be reimbursed their actual and necessary expenses. All expense accounts shall be paid by the commission on certification by the chairperson or acting chairperson.
66.0125(6)
(6) Open meetings. All meetings of the commission and its consulting committees shall be publicly held and open to all citizens at all times as required by
subch. V of ch. 19.
66.0125(7)
(7) Designation of commissions as cooperating agencies under federal law. 66.0125(7)(a)(a) The commission may be the official agency of the local governmental unit to accept assistance under title II of the federal economic opportunity act of 1964. No assistance shall be accepted with respect to any matter to which objection is made by the legislative body creating the commission, but if the commission is established on an intergovernmental basis and objection is made by any participating legislative body, assistance may be accepted with the approval of a majority of the legislative bodies participating in the commission.
66.0125(7)(b)
(b) The commission may be the official agency of the local governmental unit to accept assistance from the community relations service of the U.S. department of justice under title X of the federal civil rights act of 1964 to provide assistance to communities in resolving disputes, disagreements or difficulties relating to discriminatory practices based on sex, race, color or national origin which may impair the rights of persons in the local governmental unit under the constitution or laws of the United States or which affect or may affect interstate commerce.
66.0125(8)
(8) Other powers of the county board of supervisors. County boards may appropriate county funds for the operation of community relations-social development commissions established or reconstituted under this section, including those participated in on an equal basis by nonprofit corporations located in the county and comprised primarily of public and private welfare agencies devoted to any of the purposes set forth in this section. The legislature finds that the expenditure of county funds for the establishment or support of such commissions is for a public purpose.
66.0125(9)
(9) Intent. It is the intent of this section to promote fair and friendly relations among all the people in this state, and to that end race, creed, sexual orientation or color ought not to be made tests in the matter of the right of any person to sell, lease, occupy or use real estate or to earn a livelihood or to enjoy the equal use of public accommodations and facilities.
66.0125(10)
(10) Short title. This section shall be known and may be cited as "The Wisconsin Bill of Human Rights".
66.0125 Annotation
Functions of a community relations-social development commission are not limited to study, analysis, and planning. A commission has authority to carry out some human relations programs providing services directly to citizens. 63 Atty. Gen. 182.
66.0125 Annotation
Vocational, technical and adult education [technical college] districts are subject to city equal employment opportunity ordinances only within the boundaries of the city. 70 Atty. Gen. 226.
66.0127
66.0127
Municipal hospital board. 66.0127(1)
(1) In a city, village or town in which a municipal hospital is located, the board of trustees or other governing board of the municipal hospital may, except as otherwise provided by ordinance, do any of the following:
66.0127(1)(a)
(a) Prescribe rules of order for the regulation of its own meetings and deliberations.
66.0127(1)(b)
(b) Promulgate rules relating to the government, operation and maintenance of the hospital and relating to the employees of the hospital.
66.0127(1)(c)
(c) Contract for and purchase all fuel, food and other supplies reasonably necessary for the operation and maintenance of the hospital.
66.0127(1)(d)
(d) Promulgate rules for the admission to and government of patients at the hospital.
66.0127(1)(e)
(e) Contract for the construction, installation or making of additions or improvements to or alterations of the hospital if the additions, improvements or alterations have been ordered and funds have been provided by the city council or village or town board.
66.0127(1)(f)
(f) Employ all necessary employees at the hospital.
66.0127(1)(g)
(g) Audit all accounts and claims against the hospital or against the board of trustees and, if approved, the city, village or town clerk and treasurer shall pay the accounts and claims in the manner provided by
s. 66.0607.
66.0127(2)
(2) All expenditures made under this section shall be within the limits authorized by the governing body of the municipality.