66.082
66.082
Regulation of cable television by municipalities. 66.082(1)(a)1.
1. The federal cable communications policy act of 1984 authorizes, and, for systems installed and services provided after July 1, 1984, requires, the award of a franchise to a cable operator.
66.082(1)(a)2.
2. The practice of individual municipalities in this state prior to December 29, 1984, requiring a franchise for operation of a cable television system within their respective boundaries conformed to the policy and regulations issued by the federal communications commission.
66.082(1)(a)3.
3. Prior to December 29, 1984, federal law did not prohibit requiring compensation for operation of a cable television system in a city, town or village.
66.082(1)(a)4.
4. The federal cable communications policy act of 1984 authorizes a city, town or village to impose a limited franchise fee based on the gross revenues a cable operator derives from operation of a cable television system in the city, town or village.
66.082(1)(a)5.
5. Section 637 of the federal communications policy act of 1984 reaffirms the authority of cities, towns and villages to award cable television system franchises and maintains the integrity of existing franchises.
66.082(1)(a)6.
6. Regulation of cable television services by cities, towns and villages is necessary to ensure citizens adequate and efficient cable television service and to protect and promote public health, safety and welfare.
66.082(1)(a)7.
7. It is in the public interest to maintain the authority of cities, towns and villages to grant and revoke cable television franchises, require the payment of franchise fees and establish rates charged to customers by franchise holders.
66.082(1)(b)
(b) In this section the legislature intends to:
66.082(1)(b)1.
1. Clarify the legislature's position on certain antitrust and franchise fee and other compensation issues which affect the cities, towns and villages of this state, which are related to the regulation of cable television services and which have arisen in recent state and federal court actions.
66.082(1)(b)2.
2. Reaffirm the policy of the legislature, which is to provide that the exercise of the police power of this state concerning cable television service remain in the cities, towns and villages of this state.
66.082(1)(b)3.
3. Authorize cities, towns and villages to impose franchise fees for the purpose of raising general revenue.
66.082(1)(b)4.
4. Maintain the spirit of the compromise between the cable industry and municipalities effected under the federal cable communications policy act of 1984, the enactment of which the municipalities agreed to support because it provides for their clear right to impose and collect a limited franchise fee based on cable operator income or gross revenues.
66.082(2)(a)
(a) "Affiliate", when used in relation to any person, means another person who owns or controls, is owned or controlled by, or is under common ownership control with such person.
66.082(2)(b)
(b) "Cable operator" means any person who provides cable service over a cable television system and who:
66.082(2)(b)1.
1. Directly or through one or more affiliates owns a significant interest in the cable television system; or
66.082(2)(b)2.
2. Otherwise controls or is responsible for, through any arrangement, the management and operation of the cable television system.
66.082(2)(c)1.
1. The one-way transmission to subscribers of video programming or of other programming service; and
66.082(2)(c)2.
2. Subscriber interaction, if any, which is required for the selection of such video programming or other programming service.
66.082(2)(d)
(d) "Cable television system" means a facility which consists of a set of closed transmission paths and associated signal generation, reception and control equipment designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community. "Cable television system" does not include any of the following:
66.082(2)(d)1.
1. A facility which serves only to retransmit the television signals of one or more television broadcast stations.
66.082(2)(d)2.
2. A facility that serves only subscribers in one or more multiunit dwellings under common ownership, control or management unless such facility uses any public right-of-way.
66.082(2)(d)3.
3. A facility of a common carrier which is subject, in whole or in part, to the provisions of
47 USC 201 to
222, except that the facility is a cable television system to the extent that the facility is used in transmission of video programming directly to subscribers.
66.082(2)(d)4.
4. Any facility of any electric utility used solely for operating its electric utility system.
66.082(2)(e)
(e) "Franchise fee" means any fee, assessment or other compensation which a municipality requires a cable operator to pay, with respect to the operation of cable television systems, solely because of the cable operator's status as such, and includes any compensation required under
s. 66.045.
66.082(2)(f)
(f) "Municipality" means a city, village or town.
66.082(2)(g)
(g) "Other programming service" means information which a cable operator makes available to all subscribers generally.
66.082(2)(h)
(h) "Video programming" means programming provided by, or generally considered comparable to, programming provided by a television broadcast station.
66.082(3)
(3) Franchises. A municipality may operate or regulate a cable television system and in such operation and regulation may, without limitation because of enumeration:
66.082(3)(b)
(b) Grant or revoke one or more franchises authorizing the construction and operation of a cable television system and govern the operation of any franchise granted.
66.082(3)(c)
(c) Require the payment of franchise fees which, notwithstanding
s. 66.70, may be based on the income or gross revenues of a cable television system, or measured by such income or gross revenues.
66.082(3)(d)
(d) Contract for operation of a municipally owned cable television system.
66.082(3)(e)
(e) Establish rates and regulate services to the extent provided under federal law.
66.082(4)
(4) Construction. The authority granted under this section to a municipality to operate and regulate a cable television system is in addition to any other power which the municipality has and the authority of a municipality to operate and regulate a cable television system is limited only by the express language of this section.
66.082(5)(a)(a) A cable operator shall give the municipality that authorized its franchise at least 90 days' advance written notice of the cable operator's intention to transfer ownership or control of a cable television system. During the term of a franchise agreement, a cable operator may not transfer ownership or control of a cable television system without the approval of the municipality that authorized the franchise. A municipality may not withhold approval of an ownership transfer or a transfer of control without good cause. If a hearing is necessary to determine if a transfer may have an adverse effect, a municipality may schedule a hearing to take place within 45 days after the date on which the municipality receives the notice. If a municipality withholds approval of an ownership transfer or a transfer of control, the municipality shall state its objections to the transfer in writing within 60 days after the date on which the municipality receives the notice. Under this paragraph, a transfer of control is presumed to occur if 40% or more of the ownership interest in a cable television system is transferred.
66.082(5)(am)
(am) If 10% or more of the ownership interest in a cable television system is transferred, the cable operator shall inform the municipality that authorized its franchise of the transfer in writing within 30 days after the date of the transfer.
66.082(5)(c)
(c) The provisions of this subsection may be varied under a written franchise agreement that is entered into, renewed, extended or modified after May 14, 1992.
66.082 History
History: 1985 a. 29;
1991 a. 296.
66.083
66.083
Transient merchants. Cities and villages may, by ordinance, regulate the retail sales, other than auction sales, made by transient merchants, as defined in s.
130.065 (1m), 1987 stats., and provide penalties for violations of those ordinances.
66.083 History
History: 1989 a. 301,
359.
66.085
66.085
Access to cable service. 66.085(2)
(2) Interference prohibited. The owner or manager of a multiunit dwelling under common ownership, control or management or the association or board of directors of a condominium may not prevent a cable operator from providing cable service to a subscriber who is a resident of the multiunit dwelling or of the condominium or interfere with a cable operator providing cable service to a subscriber who is a resident of the multiunit dwelling or of the condominium.
66.085(3)
(3) Installation in multiunit building. Before installation, a cable operator shall consult with the owner or manager of a multiunit dwelling or with the association or board of directors of a condominium to establish the points of attachment to the building and the methods of wiring. A cable operator shall install facilities to provide cable service in a safe and orderly manner and in a manner designed to minimize adverse effects to the aesthetics of the multiunit dwelling or condominium. Facilities installed to provide cable service may not impair public safety, damage fire protection systems or impair fire-resistive construction or components of a multiunit dwelling or condominium.
66.085(4)
(4) Repair responsibility. A cable operator shall be responsible for any repairs to a building required because of the construction, installation, disconnection or servicing of facilities to provide cable service.
66.085 History
History: 1989 a. 143.
66.09
66.09
Judgment against municipalities, etc. 66.09(1)(a)(a) When a final judgment for the payment of money shall be recovered against a town, village, city, county, school district, technical college district, town sanitary district, public inland lake protection and rehabilitation district or community center, or against any officer thereof, in any action by or against the officer in the officer's name of office, when the judgment should be paid by such municipality, the judgment creditor, or the judgment creditor's assignee or attorney, may file with the clerk of circuit court a certified transcript of the judgment, together with the judgment creditor's affidavit of payments made, if any, and the amount due and that the judgment has not been appealed from or removed to another court, or if so appealed or removed has been affirmed.
66.09(1)(b)
(b) The amount due, with costs and interest to the time when the money will be available for payment, shall be added to the next tax levy, and shall, when received, be paid to satisfy the judgment. If the judgment is appealed after filing the transcript with the clerk of circuit court, and before the tax is collected, the money shall not be collected on that levy. If the clerk of circuit court fails to include the proper amount in the first tax levy, he or she shall include it or such portion as is required to complete it in the next levy.
66.09(2)
(2) In the case of school districts, town sanitary districts, public inland lake protection and rehabilitation districts or community centers, transcript and affidavit shall be filed with the clerk of the town, village or city in which the district or any part of it lies, and levy shall be made against the taxable property of the district or center.
66.09(3)
(3) No process for the collection of such judgment shall issue until after the time when the money, if collected upon the first tax levy as herein provided, would be available for payment, and then only by leave of court upon motion.
66.09(4)
(4) If by reason of dissolution or other cause, pending action, or after judgment, the transcript cannot be filed with the clerk therein designated, it shall be filed with the clerk or clerks whose duty it is to make up the tax roll for the property liable.
66.091(1)(1) A county shall be liable for injury to person or property by a mob or riot therein except when cities are liable. Within a city, the city shall be liable for such injury except that within a 1st class city the city shall not be liable for any such injury occurring upon the interstate freeway system or in or upon grounds, buildings or other improvements owned by a county and designated for stadium or airport purposes and appurtenant uses. A 1st class city's immunity from liability in providing or failing to provide police services upon the freeway system or in or upon such grounds, buildings or other improvements shall be as provided under
s. 893.80 (6).
66.091(2)
(2) Claim therefor must be filed within 6 months thereafter. Such claim may be allowed in whole or in part, as other claims, and procedure to enforce shall be as for other claims.
66.091(3)
(3) The city or county may recover all such claims and costs paid by it, against any and all persons engaged in inflicting the injury.
66.091(4)
(4) No person shall recover hereunder when the injury was occasioned or in any manner aided, sanctioned, or permitted by that person or caused by that person's negligence, nor unless that person shall have used all reasonable diligence to prevent the same, and shall have immediately notified the mayor or sheriff after being apprised of any threat of or attempt at such injury. Every mayor or sheriff receiving such notice shall take all legal means to prevent injury, and if that officer shall refuse or neglect to do so, the party injured may elect to hold that officer liable by bringing action against that officer within 6 months of the injury.
66.091(5)
(5) This section shall not apply to property damage to houses of ill fame when the owner has notice that they are used as such.
66.091 Annotation
This section does not render a city a wrongdoer, since liability is imposed without fault, and an insurer who has paid for riot damage cannot recover on a theory of subrogation. Interstate Fire & Cas. Co. v. Milwaukee, 45 W (2d) 331, 173 NW (2d) 187.
66.091 Annotation
An insurer cannot recover against a city for money paid out for mob damage on a subrogation theory. American Ins. Co. v. Milwaukee, 51 W (2d) 346, 187 NW (2d) 142.
66.091 Annotation
Liability for riot damages; subrogation against municipalities for riot damage claims. 1971 WLR 1236.
66.092
66.092
Local regulation of firearms. 66.092(1)(b)
(b) "Political subdivision" means a city, village, town or county.
66.092(1)(c)
(c) "Sport shooting range" means an area designed and operated for the practice of weapons used in hunting, skeet shooting and similar sport shooting.
66.092(2)
(2) Except as provided in
subs. (3) and
(4), no political subdivision may enact an ordinance or adopt a resolution that regulates the sale, purchase, purchase delay, transfer, ownership, use, keeping, possession, bearing, transportation, licensing, permitting, registration or taxation of any firearm or part of a firearm, including ammunition and reloader components, unless the ordinance or resolution is the same as or similar to, and no more stringent than, a state statute.
66.092(3)(a)(a) Nothing in this section prohibits a county from imposing a sales tax or use tax under
subch. V of ch. 77 on any firearm or part of a firearm, including ammunition and reloader components, sold in the county.
66.092(3)(b)
(b) Nothing in this section prohibits a city, village or town that is authorized to exercise village powers under
s. 60.22 (3) from enacting an ordinance or adopting a resolution that restricts the discharge of a firearm.
66.092(4)(a)(a) Nothing in this section prohibits a political subdivision from continuing to enforce an ordinance or resolution that is in effect on November 18, 1995, and that regulates the sale, purchase, transfer, ownership, use, keeping, possession, bearing, transportation, licensing, permitting, registration or taxation of any firearm or part of a firearm, including ammunition and reloader components, if the ordinance or resolution is the same as or similar to, and no more stringent than, a state statute.
66.092(4)(am)
(am) Nothing in this section prohibits a political subdivision from continuing to enforce until November 30, 1998, an ordinance or resolution that is in effect on November 18, 1995, and that requires a waiting period of not more than 7 days for the purchase of a handgun.
66.092(4)(b)
(b) If a political subdivision has in effect on November 17, 1995, an ordinance or resolution that regulates the sale, purchase, transfer, ownership, use, keeping, possession, bearing, transportation, licensing, permitting, registration or taxation of any firearm or part of a firearm, including ammunition and reloader components, and the ordinance or resolution is not the same as or similar to a state statute, the ordinance or resolution shall have no legal effect and the political subdivision may not enforce the ordinance or resolution on or after November 18, 1995.
66.092(4)(c)
(c) Nothing in this section prohibits a political subdivision from enacting and enforcing a zoning ordinance that regulates the new construction of a sport shooting range or when the expansion of an existing sport shooting range would impact public health and safety.
66.092(5)
(5) A county ordinance that is enacted or a county resolution that is adopted by a county under
sub. (2) or a county ordinance or resolution that remains in effect under
sub. (4) (a) or
(am) applies only in those towns in the county that have not enacted an ordinance or adopted a resolution under
sub. (2) or that continue to enforce an ordinance or resolution under
sub. (4) (a) or
(am), except that this subsection does not apply to a sales or use tax that is imposed under
subch. V of ch. 77.
66.092 History
History: 1995 a. 72.
66.10
66.10
Official publication. Whenever under
ss. 66.01 to
66.08 publication is required to be in the official paper of other than a city, and there is no official paper, the publication shall be as follows:
