AB21,1939
15Section
1939. 60.85 (5) (h) of the statutes is amended to read:
AB21,770,1916
60.85
(5) (h) The
town assessor shall identify upon the assessment roll
17returned and examined under s. 70.45 those parcels of property which are within
18each existing tax incremental district, specifying the name of each district. A similar
19notation shall appear on the tax roll made by the town clerk under s. 70.65.
AB21,1940
20Section
1940. 61.187 (2) (d) of the statutes is amended to read:
AB21,771,821
61.187
(2) (d) If, in accordance with par. (a), the results of the election under
22sub. (1) provide for dissolution, the village clerk shall, within 10 days after the
23election, record the petition and determination of the village board of canvassers in
24the office of the register of deeds of the county or counties in which the village is
25located and file with the secretary of
state administration certified copies of the
1petition and the determination of inspectors of election. The village clerk shall also
2record in the office of the register of deeds a certificate by the village clerk showing
3the date on which the dissolution takes effect and file with the secretary of
state 4administration 4 copies of the certificate. These documents shall be recorded and
5indexed by the register of deeds. The index shall include the volume or reel number
6and the page or image number of the original documents. The secretary of
state 7administration shall forward 2 copies of the certificate to the department of
8transportation and one to the department of revenue.
AB21,1941
9Section
1941. 61.189 (2) of the statutes is amended to read:
AB21,771,2310
61.189
(2) The election shall be noticed and conducted and the result canvassed
11and certified as in the case of regular village elections and the village clerk shall
12immediately file with the secretary of
state administration 4 copies of a certification
13certifying the fact of holding such election and the result thereof and a description
14of the legal boundaries of such village or proposed city and 4 certified copies of a plat
15thereof; and thereupon a certificate of incorporation shall be issued to such city by
16the secretary of
state administration. Two copies of the certification and plat shall
17be forwarded by the secretary of
state administration to the department of
18transportation and one copy to the department of revenue. Thereafter such city shall
19in all things be governed by the general city charter law. All debts, obligations and
20liabilities existing against such village at the time of such change shall continue and
21become like debts, obligations and liabilities against such city, and such city may
22carry out and complete all proceedings then pending for the issue of bonds for
23improvements therein.
AB21,1942
24Section
1942. 61.19 of the statutes is amended to read:
AB21,772,14
161.19 Annual elections; appointments. At the annual spring election in
2each village in odd-numbered years, except as otherwise provided herein, there shall
3be chosen: A president, a clerk, a treasurer,
an assessor if election of the assessor is
4provided and a constable. In villages in counties having a population of 500,000 or
5more, the officers named shall be elected for a term of 2 years on the first Tuesday
6of April of each even-numbered year. Any other officers shall be appointed annually
7by the village board at their first meeting after the first Tuesday in April unless the
8board otherwise provides. No person not a resident elector in such village shall be
9elected to any office therein. The village clerk may appoint a deputy clerk for whom
10the clerk shall be responsible, and who shall take and file the oath of office, and in
11case of the absence, sickness or other disability of the clerk, may perform the clerk's
12duties and receive the same compensation unless the village board appoints a person
13to act as such clerk.
No assessor shall be elected or appointed if the village has come
14within the jurisdiction of a county assessor under s. 70.99.
AB21,1943
15Section
1943. 61.27 of the statutes is repealed.
AB21,1944
16Section
1944. 61.354 (7) of the statutes is amended to read:
AB21,772,2317
61.354
(7) Applicability to local governments and agencies. An ordinance
18enacted under this section is applicable to activities conducted by a unit of local
19government and an agency of that unit of government. An ordinance enacted under
20this section is not applicable to activities conducted by an agency, as defined under
21s. 227.01 (1) but also including the office of district attorney
and the University of
22Wisconsin System Authority, which is subject to the state plan promulgated or a
23memorandum of understanding entered into under s. 281.33 (2).
AB21,1945
24Section
1945. 62.02 of the statutes is amended to read:
AB21,773,6
162.02 Repeal of special charters. All special charters for cities of the 2nd,
23rd and 4th classes are hereby repealed and such cities are hereby incorporated
3under this subchapter. The city clerk shall forthwith certify the boundaries of such
4city to the secretary of
state administration, who shall file the same and issue to such
5city a certificate of incorporation as of the date when this subchapter became
6effective, and record the same.
AB21,1946
7Section
1946. 62.075 (5) of the statutes is amended to read:
AB21,773,128
62.075
(5) Notice of entry of judgment; upon whom served. A certified copy
9of every such order shall be filed with the town and city clerk and with the county
10clerk and 4 copies with the secretary of
state administration. The secretary of
state 11administration shall forward 2 copies to the department of transportation and one
12copy to the department of revenue.
AB21,1947
13Section
1947. 62.09 (1) (a) of the statutes is amended to read:
AB21,774,514
62.09
(1) (a) The officers shall be a mayor, treasurer, clerk, comptroller,
15attorney, engineer, one or more assessors unless the city is assessed by
a county an 16assessor under s.
70.99 70.991, one or more constables as determined by the common
17council, a local health officer, as defined in s. 250.01 (5), or local board of health, as
18defined in s. 250.01 (3), street commissioner, board of police and fire commissioners
19except in cities where not applicable, chief of police except in a city where it is not
20applicable, chief of the fire department except in a city where it is not applicable, chief
21of a combined protective services department except in a city where it is not
22applicable, board of public works, 2 alderpersons from each aldermanic district, and
23such other officers or boards as are created by law or by the council. If one
24alderperson from each aldermanic district is provided under s. 66.0211 (1), the
25council may, by ordinance adopted by a two-thirds vote of all its members and
1approved by the electors at a general or special election, provide that there shall be
22 alderpersons from each aldermanic district. If a city creates a combined protective
3services department under s. 62.13 (2e) (a) 1., it shall create the office of chief of such
4a department and shall abolish the offices of chief of police and chief of the fire
5department.
AB21,1948
6Section
1948. 62.234 (7) of the statutes is amended to read:
AB21,774,137
62.234
(7) Applicability to local governments and agencies. An ordinance
8enacted under this section is applicable to activities conducted by a unit of local
9government and an agency of that unit of government. An ordinance enacted under
10this section is not applicable to activities conducted by an agency, as defined under
11s. 227.01 (1) but also including the office of district attorney
and the University of
12Wisconsin System Authority, which is subject to the state plan promulgated or a
13memorandum of understanding entered into under s. 281.33 (2).
AB21,1949
14Section
1949. 62.26 (7) of the statutes is amended to read:
AB21,774,2015
62.26
(7) Change of city name. The name of any city of the fourth class shall
16be changed if a majority of the electors shall address a written petition therefor to
17the council designating the new name, and the council shall by a two-thirds vote of
18all the members adopt an ordinance changing to such new name. The change shall
19be in effect upon publication of the ordinance in the official paper, and the filing of
20a copy thereof
in the office of with the secretary of
state administration.
AB21,1950
21Section
1950. 66.0137 (4m) (title) of the statutes is amended to read:
AB21,774,2222
66.0137
(4m) (title)
Joint self-insured plans and stop loss insurance.
AB21,1951
23Section
1951. 66.0137 (4m) (bm) of the statutes is created to read:
AB21,775,3
166.0137
(4m) (bm) A technical college district and one or more other technical
2college districts, that together have at least 100 employees, may jointly do any of the
3following:
AB21,775,54
1. Provide health care benefits to their officers and employees on a self-insured
5basis.
AB21,775,66
2. Procure stop loss insurance.
AB21,775,77
3. Self-insure stop loss risk.
AB21,1952
8Section
1952. 66.0137 (4m) (c) of the statutes is amended to read:
AB21,775,109
66.0137
(4m) (c) Any plan under par. (b)
or (bm) 1. shall comply with the
10provisions listed in sub. (4).
AB21,1953
11Section
1953. 66.0203 (7) (a) of the statutes is amended to read:
AB21,775,1512
66.0203
(7) (a) No action to contest the validity of an incorporation on any
13grounds, whether procedural or jurisdictional, may be commenced after 60 days from
14the date of issuance of the certificate of incorporation by the secretary of
state 15administration.
AB21,1954
16Section
1954. 66.0211 (5) of the statutes is amended to read:
AB21,776,217
66.0211
(5) Certification of incorporation. If a majority of the votes in an
18incorporation referendum are cast in favor of a village or city, the clerk of the circuit
19court shall certify the fact to the secretary of
state
administration and supply the
20secretary of
state administration with a copy of a description of the legal boundaries
21of the village or city and the associated population and a copy of a plat of the village
22or city. Within 10 days of receipt of the description and plat, the secretary of
state 23administration shall forward 2 copies to the department of transportation and one
24copy each to the department of administration and the department of revenue. The
1secretary of
state administration shall issue a certificate of incorporation and record
2the certificate.
AB21,1955
3Section
1955. 66.0213 (4) (a) of the statutes is amended to read:
AB21,776,164
66.0213
(4) (a) Within 10 days after incorporation of the village or city, the
5county clerk of the county in which the petition was filed shall fix a time for the first
6election, and where appropriate designate the polling place or places, and name 3
7inspectors of election for each place. The time for the election shall be fixed no less
8than 40 nor more than 50 days after the date of the certificate of incorporation issued
9by the secretary of
state administration, irrespective of any other provision in the
10statutes. Nomination papers shall conform to ch. 8 to the extent applicable.
11Nomination papers shall be signed by not less than 5% nor more than 10% of the total
12votes cast at the referendum election, and be filed no later than 15 days before the
13time fixed for the election. Ten days' previous notice of the election shall be given by
14the county clerk by publication in the newspapers selected under s. 66.0211 (2) and
15by posting notices in 3 public places in the village or city, but failure to give notice
16does not invalidate the election.
AB21,1956
17Section
1956. 66.0213 (6) of the statutes is amended to read:
AB21,777,718
66.0213
(6) Reorganization of city as village. If the population of any city falls
19below 1,000 as determined by the United States census, the council may upon filing
20of a petition conforming to the requirements of s. 8.40 containing the signatures of
21at least 15% of the electors submit at any general or city election the question
22whether the city shall reorganize as a village. If three-fifths of the votes cast on the
23question are for reorganization the mayor and council shall record the return in the
24office of the register of deeds, file a certified copy with the clerk of the circuit court,
25and immediately call an election, to be conducted as are village elections, for the
1election of village officers. Upon the qualification of the officers, the board of trustees
2shall declare the city reorganized as a village, and the reorganization is effective.
3The clerk shall certify a copy of the declaration to the secretary of
state 4administration who shall file the declaration and endorse a memorandum of the
5declaration on the record of the certificate of incorporation of the city. Rights and
6liabilities of the city continue in favor of or against the village. Ordinances, so far
7as within the power of the village, remain in force until changed.
AB21,1957
8Section
1957. 66.0215 (5) of the statutes is amended to read:
AB21,777,169
66.0215
(5) Certificate of incorporation. If a majority of the votes are cast
10in favor of a city the clerk shall certify the fact to the secretary of
state 11administration, together with the result of the census, if any, and 4 copies of a
12description of the legal boundaries of the town and 4 copies of a plat of the town. The
13secretary of
state administration shall then issue a certificate of incorporation, and
14record the certificate in a book kept for that purpose. Two copies of the description
15and plat shall be forwarded by the secretary of
state
administration to the
16department of transportation and one copy to the department of revenue.
AB21,1958
17Section
1958. 66.0216 (5) of the statutes is amended to read:
AB21,778,318
66.0216
(5) Certificate of incorporation. If a majority of the votes are cast
19in favor of a city or village, the town clerk shall certify that fact to the secretary of
20state administration together with 4 copies of a description of the legal boundaries
21of the town, and 4 copies of a plat of the town. The town clerk shall also send the
22secretary of
state administration an incorporation fee of $1,000. Upon receipt of the
23town clerk's certification, the incorporation fee, and other required documents, the
24secretary of
state administration shall issue a certificate of incorporation and record
25the certificate in a book kept for that purpose. The secretary of
state administration
1shall provide 2 copies of the description and plat to the department of transportation
2and one copy to the department of revenue. The town clerk shall also transmit a copy
3of the certification and the resolution under sub. (1) to the county clerk.
AB21,1959
4Section
1959. 66.0216 (6) of the statutes is amended to read:
AB21,778,115
66.0216
(6) Action. No action to contest the validity of an incorporation under
6this section on any grounds, whether procedural or jurisdictional, may be
7commenced after 60 days from the date of issuance of the certificate of incorporation
8by the secretary of
state administration. In any such action, the burden of proof as
9to all issues is upon the person bringing the action to show that the incorporation is
10not valid. An action contesting an incorporation shall be given preference in the
11circuit court
.
AB21,1960
12Section
1960. 66.0217 (9) (a) of the statutes is amended to read:
AB21,779,413
66.0217
(9) (a) The clerk of a city or village which has annexed territory shall
14file immediately with the secretary of
state administration a certified copy of the
15ordinance, certificate and plat, and shall send one copy to each company that
16provides any utility service in the area that is annexed.
The city or village shall also
17file with the county clerk or board of election commissioners the report required by
18s. 5.15 (4) (bg). The clerk shall record the ordinance with the register of deeds and
19file a signed copy of the ordinance with the clerk of any affected school district.
20Failure to file, record or send does not invalidate the annexation and the duty to file,
21record or send is a continuing one. The ordinance that is filed, recorded or sent shall
22describe the annexed territory and the associated population. The information filed
23with the secretary of
state administration shall be utilized in making
24recommendations for adjustments to entitlements under the federal revenue
25sharing program and distribution of funds under ch. 79. The clerk shall certify
1annually to the secretary of
state administration and record with the register of
2deeds a legal description of the total boundaries of the municipality as those
3boundaries existed on December 1, unless there has been no change in the 12 months
4preceding.
AB21,1961
5Section
1961. 66.0217 (9) (b) of the statutes is amended to read:
AB21,779,136
66.0217
(9) (b) Within 10 days of receipt of the ordinance, certificate and plat,
7the secretary of
state administration shall forward 2 copies of the ordinance,
8certificate and plat to the department of transportation, one copy to the department
9of administration, one copy to the department of revenue, one copy to the department
10of public instruction, one copy to the department, one copy to the department of
11natural resources, one copy to the department of agriculture, trade and consumer
12protection and 2 copies to the clerk of the municipality from which the territory was
13annexed.
AB21,1962
14Section
1962. 66.0219 (7) of the statutes is amended to read:
AB21,779,1915
66.0219
(7) Appeal. An appeal from the order of the circuit court is limited to
16contested issues determined by the circuit court. An appeal shall not stay the
17conduct of the referendum election, if one is ordered, but the statement of the election
18results and the copies of the certificate and plat may not be filed with the secretary
19of
state administration until the appeal has been determined.
AB21,1963
20Section
1963. 66.0221 (1) of the statutes is amended to read:
AB21,780,1821
66.0221
(1) Upon its own motion and subject to sub. (3) and ss. 66.0301 (6) (d)
22and 66.0307 (7), a city or village, by a two-thirds vote of the entire membership of
23its governing body, may enact an ordinance annexing territory which comprises a
24portion of a town or towns and which was completely surrounded by territory of the
25city or village on December 2, 1973. The ordinance shall include all surrounded town
1areas except those that are exempt by mutual agreement of all of the governing
2bodies involved. The annexation ordinance shall contain a legal description of the
3territory and the name of the town or towns from which the territory is detached.
4Upon enactment of the ordinance, the city or village clerk immediately shall file 6
5certified copies of the ordinance
in the office of
with the secretary of
state 6administration, together with 6 copies of a scale map.
The city or village shall also
7file with the county clerk or board of election commissioners the report required by
8s. 5.15 (4) (bg). The secretary of
state administration shall forward 2 copies of the
9ordinance and scale map to the department of transportation, one copy to the
10department of natural resources, one copy to the department of revenue and one copy
11to the department of administration. This subsection does not apply if the town
12island was created only by the annexation of a railroad right-of-way or drainage
13ditch. This subsection does not apply to land owned by a town government which has
14existing town government buildings located on the land. No town island may be
15annexed under this subsection if the island consists of over 65 acres or contains over
16100 residents. Section 66.0217 (11) applies to annexations under this subsection.
17Except as provided in sub. (2), after December 2, 1973, no city or village may, by
18annexation, create a town area which is completely surrounded by the city or village.
AB21,1964
19Section
1964. 66.0223 (1) of the statutes is amended to read:
AB21,781,1320
66.0223
(1) In addition to other methods provided by law and subject to sub.
21(2) and ss. 66.0301 (6) (d) and 66.0307 (7), territory owned by and lying near but not
22necessarily contiguous to a village or city may be annexed to a village or city by
23ordinance enacted by the board of trustees of the village or the common council of the
24city, provided that in the case of noncontiguous territory the use of the territory by
25the city or village is not contrary to any town or county zoning regulation. The
1ordinance shall contain the exact description of the territory annexed and the names
2of the towns from which detached, and attaches the territory to the village or city
3upon the filing of 7 certified copies of the ordinance
in the office of with the secretary
4of
state administration, together with 7 copies of a plat showing the boundaries of
5the territory attached.
The city or village shall also file with the county clerk or board
6of election commissioners the report required by s. 5.15 (4) (bg). Two copies of the
7ordinance and plat shall be forwarded by the secretary of
state administration to the
8department of transportation, one copy to the department of administration, one
9copy to the department of natural resources, one copy to the department of revenue
10and one copy to the department of public instruction. Within 10 days of filing the
11certified copies, a copy of the ordinance and plat shall be mailed or delivered to the
12clerk of the county in which the annexed territory is located. Sections 66.0203 (8) (c)
13and 66.0217 (11) apply to annexations under this section.
AB21,1965
14Section
1965. 66.0227 (5) of the statutes is amended to read:
AB21,781,1715
66.0227
(5) The ordinance, certificate and plat shall be filed and recorded in
16the same manner as annexations under s. 66.0217 (9) (a). The requirements for the
17secretary of
state administration are the same as in s. 66.0217 (9) (b).
AB21,1966
18Section
1966. 66.0231 of the statutes is amended to read:
AB21,782,10
1966.0231 Notice of certain litigation affecting municipal status or
20boundaries. If a proceeding under ss. 61.187, 61.189, 61.74, 62.075, 66.0201 to
2166.0213, 66.0215, 66.0216, 66.0217, 66.0221, 66.0223, 66.0227, 66.0301 (6), or
2266.0307 or other sections relating to an incorporation, annexation, consolidation,
23dissolution or detachment of territory of a city or village is contested by instigation
24of legal proceedings, the clerk of the city or village involved in the proceedings shall
25file with the secretary of
state administration 4 copies of a notice of the
1commencement of the action. The clerk shall file with the secretary of
state 2administration 4 copies of any judgments rendered or appeals taken in such cases.
3The notices or copies of judgments that are required under this section may also be
4filed by an officer or attorney of any party of interest.
If any judgment has the effect
5of changing the municipal boundaries, the city or village clerk shall also file with the
6county clerk or board of election commissioners the report required by s. 5.15 (4) (bg). 7The secretary of
state administration shall forward to the department of
8transportation 2 copies and to the department of revenue and the department of
9administration one copy each of any notice of action or judgment filed with the
10secretary of
state administration under this section.
AB21,1967
11Section
1967. 66.0301 (1) (a) of the statutes is amended to read:
AB21,783,212
66.0301
(1) (a) Except as provided in pars. (b) and (c), in this section
13"municipality" means the state or any department or agency thereof, or any city,
14village, town, county, school district, public library system, public inland lake
15protection and rehabilitation district, sanitary district, farm drainage district,
16metropolitan sewerage district, sewer utility district, solid waste management
17system created under s. 59.70 (2), local exposition district created under subch. II of
18ch. 229, local professional baseball park district created under subch. III of ch. 229,
19local professional football stadium district created under subch. IV of ch. 229, local
20cultural arts district created under subch. V of ch. 229,
local sports and
21entertainment district created under subch. VI of ch. 229, long-term care district
22under s. 46.2895, water utility district, mosquito control district, municipal electric
23company, county or city transit commission, commission created by contract under
24this section, taxation district, regional planning commission, housing authority
25created under s. 66.1201, redevelopment authority created under s. 66.1333,
1community development authority created under s. 66.1335, or city-county health
2department.
AB21,1968
3Section
1968
. 66.0301 (1) (a) of the statutes, as affected by 2015 Wisconsin Act
4.... (this act), is amended to read:
AB21,783,205
66.0301
(1) (a) Except as provided in pars. (b) and (c), in this section
6"municipality" means the state or any department or agency thereof, or any city,
7village, town, county, school district, public library system, public inland lake
8protection and rehabilitation district, sanitary district, farm drainage district,
9metropolitan sewerage district, sewer utility district, solid waste management
10system created under s. 59.70 (2), local exposition district created under subch. II of
11ch. 229, local professional baseball park district created under subch. III of ch. 229,
12local professional football stadium district created under subch. IV of ch. 229, local
13cultural arts district created under subch. V of ch. 229, local sports and
14entertainment district created under subch. VI of ch. 229,
long-term care district
15under s. 46.2895, water utility district, mosquito control district, municipal electric
16company, county or city transit commission, commission created by contract under
17this section, taxation district, regional planning commission, housing authority
18created under s. 66.1201, redevelopment authority created under s. 66.1333,
19community development authority created under s. 66.1335, or city-county health
20department.
AB21,1969
21Section
1969. 66.0301 (6) (e) of the statutes is amended to read:
AB21,784,422
66.0301
(6) (e) A boundary change included in an agreement under this
23subsection shall be accomplished by the enactment of an ordinance by the governing
24body designated to do so in the agreement. The filing and recording requirements
25under s. 66.0217 (9) (a), as they apply to cities and villages under s. 66.0217 (9) (a),
1apply to municipalities under this subsection. The requirements for the secretary
2of
state administration under s. 66.0217 (9) (b), as they apply under that section,
3apply to the secretary of
state administration when he or she receives an ordinance
4that is filed under this subsection.
AB21,1970
5Section
1970. 66.0307 (10) of the statutes is amended to read:
AB21,784,126
66.0307
(10) Boundary change ordinance; filing and recording
7requirements. A boundary change under a cooperative plan shall be accomplished
8by the enactment of an ordinance by the governing body designated to do so in the
9plan. The filing and recording requirements under s. 66.0217 (9) (a), as they apply
10to cities and villages under s. 66.0217 (9) (a), apply to municipalities under this
11subsection. The requirements for the secretary of
state administration are the same
12as those required in s. 66.0217 (9) (b).
AB21,1971
13Section
1971. 66.0316 (6) (intro.) of the statutes is amended to read:
AB21,784,1814
66.0316
(6) Training and assistance. (intro.) The board of regents of the
15University of Wisconsin System
Authority shall direct the extension to assist
16councils created under this section in performing their duties under subs. (4) and (5).
17The board of regents shall ensure that council members are trained in how to do all
18of the following:
AB21,1972
19Section
1972. 66.0410 (2) (a) of the statutes is amended to read:
AB21,784,2420
66.0410
(2) (a) A political subdivision may not enact an ordinance or adopt a
21resolution
that prohibits, and the Board of Regents of the University of Wisconsin
22System
Authority may not
promulgate a rule or adopt a resolution prohibiting 23prohibit, the resale of any ticket for an amount that is equal to or less than the ticket's
24face value.
AB21,1973
25Section
1973. 66.0410 (2) (b) of the statutes is amended to read:
AB21,785,4
166.0410
(2) (b) If a political subdivision or the Board of Regents of the
2University of Wisconsin System has in effect on April 22, 2004 an ordinance,
rule,
3or resolution
, or prohibition that is inconsistent with par. (a), the ordinance,
rule, or 4resolution
, or prohibition does not apply and may not be enforced.
AB21,1974
5Section
1974. 66.0417 (1) of the statutes is amended to read:
AB21,785,216
66.0417
(1) An employee or agent of a local health department designated by
7the department of health services under s. 254.69 (2) or the department of
8agriculture, trade and consumer protection under s. 97.41
or 97.615 (2) may enter,
9at reasonable hours, any premises for which the local health department issues a
10permit license under s. 97.41 or
254.69 (2) 97.615 (2) to inspect the premises, secure
11samples or specimens, examine and copy relevant documents and records
, or obtain
12photographic or other evidence needed to enforce
subch. VII of ch. 254, ch. 97
or s.
13254.47, relating to those premises. If samples of food are taken, the local health
14department shall pay or offer to pay the market value of those samples. The local
15health department
, department of health services or department of agriculture,
16trade and consumer protection shall examine the samples and specimens secured
17and shall conduct other inspections and examinations needed to determine whether
18there is a violation of
subch. VII of ch. 254, ch. 97
or s. 254.47, rules adopted by the
19departments department under those statutes, ordinances adopted by the village,
20city or county or regulations adopted by the local board of health under s. 97.41 (7)
21or
254.69 97.615.
AB21,1975
22Section
1975. 66.0417 (2) of the statutes is amended to read:
AB21,786,1423
66.0417
(2) (a) Whenever, as a result of an examination, a village, city or county
24has reasonable cause to believe that any examined food constitutes, or that any
25construction, sanitary condition, operation or method of operation of the premises or
1equipment used on the premises creates an immediate danger to health, the
2administrator of the village, city or county agency responsible for the village's, city's
3or county's agent functions under s. 97.41 or
254.69 (2) 97.615 (2) may issue a
4temporary order and cause it to be delivered to the
permittee licensee, or to the owner
5or custodian of the food, or to both. The order may prohibit the sale or movement of
6the food for any purpose, prohibit the continued operation or method of operation of
7specific equipment, require the premises to cease any other operation or method of
8operation which creates the immediate danger to health, or set forth any
9combination of these requirements. The administrator may order the cessation of
10all operations authorized by the
permit license only if a more limited order does not
11remove the immediate danger to health. Except as provided in par. (c), no temporary
12order is effective for longer than 14 days from the time of its delivery, but a temporary
13order may be reissued for one additional 14-day period, if necessary to complete the
14analysis or examination of samples, specimens or other evidence.
AB21,786,2415
(b) No food described in a temporary order issued and delivered under par. (a)
16may be sold or moved and no operation or method of operation prohibited by the
17temporary order may be resumed without the approval of the village, city or county,
18until the order has terminated or the time period specified in par. (a) has run out,
19whichever occurs first. If the village, city or county, upon completed analysis and
20examination, determines that the food, construction, sanitary condition, operation
21or method of operation of the premises or equipment does not constitute an
22immediate danger to health, the
permittee licensee, owner
, or custodian of the food
23or premises shall be promptly notified in writing and the temporary order shall
24terminate upon his or her receipt of the written notice.
AB21,787,8
1(c) If the analysis or examination shows that the food, construction, sanitary
2condition, operation or method of operation of the premises or equipment constitutes
3an immediate danger to health, the
permittee licensee, owner
, or custodian shall be
4notified within the effective period of the temporary order issued under par. (a).
5Upon receipt of the notice, the temporary order remains in effect until a final decision
6is issued under sub. (3), and no food described in the temporary order may be sold
7or moved and no operation or method of operation prohibited by the order may be
8resumed without the approval of the village, city or county.
AB21,1976
9Section
1976. 66.0417 (3) of the statutes is amended to read:
AB21,787,2110
66.0417
(3) A notice issued under sub. (2) (c) shall be accompanied by notice
11of a hearing as provided in s. 68.11 (1). The village, city or county shall hold a hearing
12no later than 15 days after the service of the notice, unless both parties agree to a
13later date. Notwithstanding s. 68.12, a final decision shall be issued under s. 68.12
14within 10 days of the hearing. The decision may order the destruction of food, the
15diversion of food to uses which do not pose a danger to health, the modification of food
16so that it does not create a danger to health, changes to or replacement of equipment
17or construction, other changes in or cessations of any operation or method of
18operation of the equipment or premises, or any combination of these actions
19necessary to remove the danger to health. The decision may order the cessation of
20all operations authorized by the
permit license only if a more limited order will not
21remove the immediate danger to health.
AB21,1977
22Section
1977. 66.0417 (4) of the statutes is amended to read:
AB21,788,323
66.0417
(4) A proceeding under this section, or the issuance of a
permit license 24for the premises after notification of procedures under this section, does not
25constitute a waiver by the village, city or county of its authority to rely on a violation
1of ch. 97
, s. 254.47 or subch. VII of ch. 254 or any rule adopted under those statutes
2as the basis for any subsequent suspension or revocation of the
permit license or any
3other enforcement action arising out of the violation.
AB21,1978
4Section
1978. 66.0435 (9) of the statutes is amended to read:
AB21,788,155
66.0435
(9) Municipalities; monthly municipal permit fees on recreational
6mobile homes and recreational vehicles. A licensing authority may assess monthly
7municipal permit fees at the rates under this section on recreational mobile homes
8and recreational vehicles, as defined in s. 340.01 (48r), except recreational mobile
9homes and recreational vehicles that are located in campgrounds licensed under s.
10254.47 97.67, recreational mobile homes that constitute improvements to real
11property under s. 70.043 (1), and recreational mobile homes or recreational vehicles
12that are located on land where the principal residence of the owner of the recreational
13mobile home or recreational vehicle is located, regardless of whether the recreational
14mobile home or recreational vehicle is occupied during all or part of any calendar
15year.