PUBLIC WORKS AND PUBLIC SAFETY
60.50
60.50
Public works. Without limitation because of enumeration, the town board may:
60.50(1)
(1) Acquire lands. Notwithstanding
s. 60.10 (2) (e), acquire lands to lay, construct, alter, extend or repair any highway, street or alley in the town.
60.50(2)
(2) Streets, sewers and service mains. Provide for laying, constructing, altering, extending, replacing, removing or repairing any highway, street, alley, sanitary sewer, storm sewer, water main or any other service pipes, under
s. 62.16 (2) (d), in the town.
60.50(3)
(3) Sidewalks. Provide for construction, removal, replacement or repair of sidewalks under
s. 66.0907.
60.50(4)
(4) Lighting highways. Provide for lighting for highways, as defined under
s. 340.01 (22), located in the town.
60.50(5)
(5) Lake improvements. Provide for making improvements in any lake or waterway located in the town.
60.50(6)
(6) Inspections. Gather at the site of a public works project or a highway, street or alley project that has been approved by the town board for the sole purpose of inspecting the work that has been completed or that is in progress if, before gathering at the site, the chairperson of the board or the chairperson's designee notifies by telephone or facsimile transmission those news media who have filed a written request for notice of such inspections in relation to that project and if the chairperson of the board or the chairperson's designee submits at the next board meeting a report that describes the inspection. The board may not take any official action at the inspection site.
60.52
60.52
Sewer and water systems of adjoining municipality. 60.52(1)(1) With the approval of the town board, any city or village adjoining a town may construct and maintain extensions of its sewer or water system in the town. An extension of a sewer or water system under this subsection is subject to
s. 62.175 (1) and the rights of abutting property owners.
60.52(2)
(2) An abutting property owner who is permitted to connect with and use a sewer or water system constructed under
sub. (1) may not be deprived of the use of the sewer or water system, except for nonpayment of water or sewer charges, without the approval of the town board.
60.52 History
History: 1983 a. 532.
60.52 Annotation
A city or village sewer extension through town lands that does not provide service for town residents does not require approval of the town board under sub. (1). Danielson v. City of Sun Prairie, 2000 WI App 227,
239 Wis. 2d 178,
619 N.W.2d 108 60.52 Annotation
In determining under Danielson whether the extension through a town serves the town and thus requires the town's approval, the extension project must be looked at as a whole, and not in its component parts. Town of Union v. City of Eau Claire, 2003 WI App 161,
265 Wis. 2d 879,
667 N.W.2d 810,
02-3393.
60.53
60.53
Service pipes and laterals. Sections 62.16 (2) and
66.0911, relating to service pipes and laterals, are applicable to towns.
60.53 History
History: 1983 a. 532;
1999 a. 150 s.
672.
60.54
60.54
Solid waste transportation. 60.54(1)
(1) The town board may designate any town highway which provides reasonable access to a solid waste disposal site or facility licensed under
s. 289.31 as appropriate for the transportation of solid waste into, within or through the town for the purpose of disposing of the waste at the site or facility and may prohibit the use of other town highways for that purpose.
60.54(2)
(2) Any person violating a prohibition enacted under
sub. (1) shall forfeit not more than $1,000.
60.54 History
History: 1983 a. 532;
1995 a. 227.
60.55
60.55
Fire protection. 60.55(1)(a)(a) The town board shall provide for fire protection for the town. Fire protection for the town, or any portion of the town, may be provided in any manner, including:
60.55(1)(a)2.
2. Joining with another town, village or city to establish a joint fire department. If the town board establishes a joint fire department with a village under
s. 61.65 (2) (a) 3., the town board shall create a joint board of fire commissioners with the village under
s. 61.65 (2) (b) 2.
60.55(1)(b)
(b) The town board may provide for the equipping, staffing, housing and maintenance of fire protection services.
60.55(2)
(2) Funding. The town board may:
60.55(2)(a)
(a) Appropriate money to pay for fire protection in the town.
60.55(2)(b)
(b) Charge property owners a fee for the cost of fire protection provided to their property under
sub. (1) (a) according to a written schedule established by the town board.
60.55(2)(c)
(c) Levy taxes on the entire town to pay for fire protection.
60.55(2)(d)
(d) Levy taxes on property served by a particular source of fire protection, to support the source of protection.
60.55 History
History: 1983 a. 532;
1987 a. 399.
60.55 Annotation
Any fire department created under this section, whether formed under ch. 181 or 213, is a government subdivision or agency entitled to immunity under s. 893.80 (4). Mellenthin v. Berger, 2003 WI App 126,
265 Wis. 2d 575,
663 N.W.2d 817,
02-2524.
60.555
60.555
Fire safety regulations. The town board, by ordinance, may adopt regulations to prevent, detect and suppress fire and related fire hazards. The regulations may include provision for the inspection, at reasonable times, of property in the town for compliance with regulations adopted under this section.
60.555 History
History: 1983 a. 532.
60.557
60.557
Reimbursement for fire calls on highways. 60.557(1)(1) If a town incurs costs for a fire call by responding to a vehicle fire on a county trunk highway, the county maintaining that portion of the highway where the vehicle was located at the time of the fire shall reimburse the town up to $200 for the costs if the town submits written proof that the town has made a reasonable effort to collect the cost from the insurer of the person to whom the fire call was provided or from the person to whom the fire call was provided, except that the town may attempt to collect the cost from the person only if the town is unsuccessful in its efforts to collect from the person's insurer or if the person has no insurer. If the town collects the cost from an insurer or such person after the county reimburses the town, the town shall return the amount collected to the county.
60.557(2)
(2) If a town incurs costs for a fire call on a state trunk highway or any highway that is a part of the national system of interstate highways and maintained by the department of transportation, the department of transportation shall reimburse the town up to $500 for the costs, even if the fire equipment is not actually used, if the town submits written proof that the town has made a reasonable effort to collect the cost from the insurer of the person to whom the fire call was provided or from the person to whom the fire call was provided, except that the town may attempt to collect the cost from the person only if the town is unsuccessful in its efforts to collect from the person's insurer or if the person has no insurer. If the town collects the cost from an insurer or such person after the department reimburses the town, the town shall return the amount collected to the department.
60.56
60.56
Law enforcement. 60.56(1)(a)(a) The town board may provide for law enforcement in the town or any portion of the town in any manner, including:
60.56(1)(a)2.
2. Joining with another town, village or city to create a joint police department. If the town board establishes a joint police department with a village under
s. 61.65 (1) (a) 3., the town board shall create a joint board of police commissioners with the village under
s. 61.65 (1) (b) 1. b.
60.56(1)(am)
(am) If a town board establishes a town police department under
par. (a) 1. or
2. and does not create a board of police commissioners singly or in combination with another town, village or city, the town may not suspend, reduce, suspend and reduce, or remove any police chief or other law enforcement officer who is not probationary, and for whom there is no valid and enforceable contract of employment or collective bargaining agreement which provides for a fair review prior to that suspension, reduction, suspension and reduction or removal, unless the town board does one of the following:
60.56(1)(am)1.
1. Establishes a committee of not less than 3 members, none of whom may be an elected or appointed official of the town or be employed by the town. The committee shall act under
s. 62.13 (5) in place of a board of police and fire commissioners. The town board may provide for some payment to each member for the member's cost of serving on the committee at a rate established by the town board.
60.56(1)(am)2.
2. Appoint a person who is not an elected or appointed official of the town and who is not employed by the town. The person shall act under
s. 62.13 (5) in place of a board of police and fire commissioners. The town board may provide for some payment to that person for serving under this subdivision at a rate established by the town board.
60.56(1)(b)
(b) The town board may provide for the equipping, staffing, housing and maintenance of law enforcement services.
60.56(2)
(2) Funding. The town board may appropriate money to fund law enforcement services.
60.56 History
History: 1983 a. 532;
1985 a. 166 ss.
1,
8;
1987 a. 27.
60.56 Annotation
A town cannot "establish" a police department without official action. Christian v. Town of Emmett,
163 Wis. 2d 277,
471 N.W.2d 252 (Ct. App. 1991).
60.56 Annotation
That a police chief served on a volunteer basis without compensation did not render him a probationary officer under sub. (1) (am). "At-will" employment has no relevance to whether the procedures outlined in this section must be followed. Town of LaGrange v. Auchinleck,
216 Wis. 2d 84,
573 N.W.2d 232 (Ct. App. 1997).
60.56 Annotation
A sheriff may not unilaterally withdraw investigative services provided to one urbanized town within the county because the town maintains its own police department.
81 Atty. Gen. 98.
60.563
60.563
Rewards for crime information. When any heinous offense or crime has been committed against life or property within a town, the town board chairperson, with the consent of a majority of the members of the town board, may offer a reward for the apprehension of the criminal or perpetrator of such offense.
60.563 History
History: 1993 a. 246.
60.565
60.565
Ambulance service. The town board shall contract for or operate and maintain ambulance services unless such services are provided by another person. If the town board contracts for ambulance services, it may contract with one or more providers. The town board may determine and charge a reasonable fee for ambulance service provided under this section. The town board may purchase equipment for medical and other emergency calls.
60.565 History
History: 1983 a. 532;
1991 a. 39.
60.57
60.57
Police and fire commission. 60.57(1)(a)
(a) If the town has a police department, establish a board of police commissioners.
60.57(1)(b)
(b) If the town has a fire department, establish a board of fire commissioners.
60.57(1)(c)
(c) If the town has both a police and fire department, establish a board of police and fire commissioners.
60.57(2)
(2) A board created under this section shall be organized in the same manner as boards of police and fire commissioners under
s. 62.13 (1).
60.57(3)
(3) A board created under this section is subject to the provisions of
s. 62.13 (2) to
(5) and
(7) to
(12) to the extent that the provisions apply to 2nd and 3rd class cities. In applying
s. 62.13 under this section, the town board chairperson has the powers and duties specified for a mayor, the town board has the powers and duties specified for a common council and the town has the powers and duties specified for a city.
60.57 History
History: 1983 a. 532.
LAND USE AND PLANNING
60.61
60.61
General zoning authority. 60.61(1)(a)(a) Ordinances adopted under this section shall be designed to promote the public health, safety and general welfare.
60.61(1)(b)
(b) Authority granted under this section shall be liberally construed in favor of the town exercising the powers. This section may not be construed to limit or repeal any powers possessed by any town.
60.61(2)
(2) Extent of authority. Subject to
subs. (3) and
(3m), if a town is located in a county which has not enacted a county zoning ordinance under
s. 59.69, the town board, by ordinance, may:
60.61(2)(a)
(a) Regulate, restrict and determine: the areas within which agriculture, forestry, mining and recreation may be conducted; the location of roads, schools, trades and industries; the location, height, bulk, number of stories and size of buildings and other structures; the percentage of a lot which may be occupied; the size of yards, courts and other open spaces; the density and distribution of population; the location of buildings designed for specified uses; the trades, industries or purposes that may be engaged in or subject to regulation; and the uses for which buildings may not be erected or altered.
60.61(2)(b)
(b) Establish districts of such number, shape and area necessary to carry out the purposes under
par. (a).
60.61(2)(d)
(d) Regulate, restrict and determine the areas in or along natural watercourses, channels, streams and creeks in which trades and industries, filling or dumping, erection of structures and the location of buildings may be prohibited or restricted.
60.61(2)(e)
(e) Adopt an official map showing areas, outside the limits of villages and cities, suited to carry out the purposes of this section. Any map adopted under this paragraph shall show the location of any part of an airport, as defined in
s. 62.23 (6) (am) 1. a., located in the town and of any part of an airport affected area, as defined in
s. 62.23 (6) (am) 1. b., located in the town.
60.61(2)(f)
(f) Regulate, restrict and determine the location, height, bulk, number of stories and size of buildings and other structures and objects of natural growth in any area of the town in the vicinity of an airport owned by the town or privately owned, divide the territory into several areas and impose different restrictions for each area. In exercising its power under this paragraph, the town board may, by eminent domain, remove or alter any buildings, structures or objects of natural growth which are contrary to the restrictions imposed in the area in which they are located, except railroad buildings, bridges or facilities other than telegraph, telephone and overhead signal system poles and wires.
60.61(2)(g)
(g) Encourage the protection of groundwater resources.
60.61(2)(i)
(i) Provide adequate access to sunlight for solar collectors and to wind for wind energy systems.
60.61(3)
(3) Exercise of authority. Before exercising authority under
sub. (2), the town board shall petition the county board to initiate, at any regular or special meeting, action to enact a county zoning ordinance under
s. 59.69. The town board may proceed under
sub. (2) if:
60.61(3)(a)
(a) The county board fails or refuses, at the meeting, to direct the county zoning agency to proceed under
s. 59.69;
60.61(3)(b)
(b) The county zoning agency's report and the recommended county zoning ordinance prepared pursuant to the report are not presented to the county board within one year; or
