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:
66.10(1)
(1) By publication in a paper published in the municipality and designated by the officers or body conducting the proceedings.
66.10(2)
(2) If no paper is published in the municipality, by publication in a paper published in the county which has a general circulation in the municipality and is designated by the officers or body conducting the proceedings, and by posting in at least 4 public places in the municipality.
66.10(3)
(3) If no paper is published in the county which has a general circulation in the municipality, by posting in at least 4 public places in the municipality.
66.10 History
History: 1995 a. 225.
66.11
66.11
Eligibility for office. 66.11(1)
(1)
Deputy sheriffs and municipal police. No person shall be appointed deputy sheriff of any county or police officer for any city, village or town unless that person is a citizen of the United States. This section shall not affect common carriers, nor apply to a deputy sheriff not required to take an oath of office.
66.11(2)
(2) Eligibility of other officers. Except as expressly authorized by statute, no member of a town, village or county board, or city council, shall, during the term for which the member is elected, be eligible for any office or position which during such term has been created by, or the selection to which is vested in, such board or council, but such member shall be eligible for any elective office. The governing body may be represented on city, village or town boards and commissions where no additional remuneration is paid such representatives and may fix the tenure of such representatives notwithstanding any other statutory provision. This subsection shall not apply to a member of any such board or council who resigns from said board or council before being appointed to an office or position which was not created during the member's term in office.
66.11(3)
(3) Appointments on consolidation of offices. Whenever offices are consolidated, the occupants of which are members of the same statutory committee or board and which are serving in that office because of holding another office or position, the common council or village board may designate another officer or officers or make such additional appointments as may be necessary to procure the number of committee or board members provided for by statute.
66.11(4)
(4) Compatible offices and positions. A volunteer fire fighter or emergency medical technician in a city, village or town whose annual compensation, including fringe benefits, does not exceed $2,500 may also hold an elected office in that city, village or town.
66.11 Annotation
Citizenship requirement for peace officers is constitutional. 65 Atty. Gen. 273 is withdrawn. 68 Atty. Gen. 61.
66.11 Annotation
Offices of commissioner of town sanitary district and supervisor of town board are incompatible where town board also serves as appointing authority for commissioners. 69 Atty. Gen. 108.
66.111
66.111
Fees for same service allowed to all. When a fee is allowed to one officer the same fee shall be allowed to other officers for the performance of the same services, when such officers are by law authorized to perform such services.
66.113
66.113
Receipts for fees. Every officer upon receiving fees for any official duty or service shall, if required by the person paying the same, deliver to the person paying a particular receipted account of such fees, specifying for what they respectively accrued; and if the officer fails to do so the officer shall be liable to the party paying the same for 3 times the amount paid.
66.113 History
History: 1991 a. 316.
66.114
66.114
Bail under municipal ordinances. 66.114(1)
(1) When any person is arrested for the violation of a city, village or town ordinance and the action is to be in circuit court, the chief of police or police officer designated by the chief, marshal or clerk of court may accept from the person a bond, in an amount not to exceed the maximum penalty for the violation, with sufficient sureties, or the person's personal bond upon depositing the amount thereof in money, for appearance in the court having jurisdiction of the offense. A receipt shall be issued therefor.
66.114(2)(a)(a) If the person so arrested and released fails to appear, personally or by an authorized attorney or agent, before the court at the time fixed for hearing of the case, then the bond and money deposited, or such portion thereof as the court may determine to be an adequate penalty, plus costs, including any applicable fees prescribed in
ch. 814, may be declared forfeited by the court or may be ordered applied upon the payment of any penalty which may be imposed after an ex parte hearing together with the costs. In either event, the surplus, if any, shall be refunded to the person who made the deposit.
66.114(2)(b)
(b) The provisions of this subsection shall not apply to violations of parking ordinances. Bond or bail given for appearance to answer a charge under any such ordinance may be forfeited in the manner determined by the governing body.
66.114(3)
(3) This section shall not be construed as a limitation upon the general power of cities, villages and towns in all cases of alleged violations of city, village or town ordinances to authorize the acceptance of bonds or cash deposits or upon the general power to accept stipulations for forfeiture of bonds or deposits or pleas where arrest was had without warrant or where action has not been started in court.
66.114(4)
(4) This section shall not apply to ordinances enacted under
ch. 349.
66.114 Annotation
Defendant had option under s. 66.114 (1), 1975 stats., to post either the required bond or the permitted cash bail. City of Madison v. Ricky Two Crow, 88 W (2d) 156, 276 NW (2d) 359 (Ct. App. 1979).
66.115
66.115
Penalties under county and municipal ordinances. Where a statute requires that the penalty under any county or municipal ordinance shall conform to the penalty provided by statute such ordinance may impose only a forfeiture and may provide for imprisonment in case the forfeiture is not paid.
66.115 History
History: 1971 c. 278.
66.117
66.117
Outstanding unpaid forfeitures. 66.117(1)
(1) In this section, "municipality" means a county, city, village or town. Except as provided under
sub. (2), any municipality may refuse to issue any license or permit to a person who has not paid an overdue forfeiture resulting from a violation of an ordinance of the municipality. Any municipality, by written agreement between itself and any other city, village or town within the county in which the municipality is located, may refuse to issue any license or permit to a person who has not paid an overdue forfeiture resulting from a violation of an ordinance of any municipality which is a party to the agreement. No municipality may refuse to issue a license or permit to a person who is appealing the imposition of a forfeiture.
66.117(2)
(2) A municipality may not refuse to issue any of the following licenses under
sub. (1):
66.117 History
History: 1981 c. 198.
66.119
66.119
Citations for certain ordinance violations. 66.119(1)(a)(a) The governing body of any county, town, city, village, town sanitary district or public inland lake protection and rehabilitation district may by ordinance adopt and authorize the use of a citation to be issued for violations of ordinances, including ordinances for which a statutory counterpart exists.
66.119(1)(b)
(b) An ordinance adopted under
par. (a) shall prescribe the form of the citation which shall provide for the following:
66.119(1)(b)2.
2. The factual allegations describing the alleged violation.
66.119(1)(b)5.
5. A designation of the offense in such manner as can be readily understood by a person making a reasonable effort to do so.
66.119(1)(b)6.
6. The time at which the alleged violator may appear in court.
66.119(1)(b)7.
7. A statement which in essence informs the alleged violator:
66.119(1)(b)7.a.
a. That the alleged violator may make a cash deposit of a specified amount to be mailed to a specified official within a specified time.
66.119(1)(b)7.b.
b. That if the alleged violator makes such a deposit, he or she need not appear in court unless subsequently summoned.
66.119(1)(b)7.c.
c. That if the alleged violator makes a cash deposit and does not appear in court, he or she either will be deemed to have tendered a plea of no contest and submitted to a forfeiture, a penalty assessment imposed by
s. 165.87, a jail assessment imposed by
s. 302.46 (1) and any applicable domestic abuse assessment imposed by
s. 973.055 (1) not to exceed the amount of the deposit or will be summoned into court to answer the complaint if the court does not accept the plea of no contest.
66.119(1)(b)7.d.
d. That if the alleged violator does not make a cash deposit and does not appear in court at the time specified, the court may issue a summons or a warrant for the defendant's arrest or consider the nonappearance to be a plea of no contest and enter judgment under
sub. (3) (d), or the municipality may commence an action against the alleged violator to collect the forfeiture, the penalty assessment imposed by
s. 165.87, the jail assessment imposed by
s. 302.46 (1) and any applicable domestic abuse assessment imposed by
s. 973.055 (1).
66.119(1)(b)7.e.
e. That if the court finds that the violation involves an ordinance that prohibits conduct that is the same as or similar to conduct prohibited by state statute punishable by fine or imprisonment or both, and that the violation resulted in damage to the property of or physical injury to a person other than the alleged violator, the court may summon the alleged violator into court to determine if restitution shall be ordered under
s. 800.093.
66.119(1)(b)8.
8. A direction that if the alleged violator elects to make a cash deposit, the alleged violator shall sign an appropriate statement which accompanies the citation to indicate that he or she read the statement required under
subd. 7. and shall send the signed statement with the cash deposit.
66.119(1)(c)
(c) An ordinance adopted under
par. (a) shall contain a schedule of cash deposits that are to be required for the various ordinance violations, and for the penalty assessment imposed by
s. 165.87, the jail assessment imposed by
s. 302.46 (1) and any applicable domestic abuse assessment imposed by
s. 973.055 (1), for which a citation may be issued. The ordinance shall also specify the court, clerk of court or other official to whom cash deposits are to be made and shall require that receipts be given for cash deposits.
66.119(2)(a)(a) Citations authorized under this section may be issued by law enforcement officers of the county, town, city, village, town sanitary district or public inland lake protection and rehabilitation district. In addition, the governing body of a county, town, city, village, town sanitary district or public inland lake protection and rehabilitation district may designate by ordinance or resolution other county, town, city, village, town sanitary district or public inland lake protection and rehabilitation district officials who may issue citations with respect to ordinances which are directly related to the official responsibilities of the officials. Officials granted the authority to issue citations may delegate, with the approval of the governing body, the authority to employes. Authority delegated to an official or employe shall be revoked in the same manner by which it is conferred.
66.119(2)(b)
(b) The issuance of a citation by a person authorized to do so under
par. (a) shall be deemed adequate process to give the appropriate court jurisdiction over the subject matter of the offense for the purpose of receiving cash deposits, if directed to do so, and for the purposes of
sub. (3) (b) and
(c). Issuance and filing of a citation does not constitute commencement of an action. Issuance of a citation does not violate
s. 946.68.
66.119(3)
(3) Violator's options; procedure on default. 66.119(3)(a)(a) The person named as the alleged violator in a citation may appear in court at the time specified in the citation or may mail or deliver personally a cash deposit in the amount, within the time and to the court, clerk of court or other official specified in the citation. If a person makes a cash deposit, the person may nevertheless appear in court at the time specified in the citation, provided that the cash deposit may be retained for application against any forfeiture, restitution, penalty assessment, jail assessment or domestic abuse assessment that may be imposed.
66.119(3)(b)
(b) If a person appears in court in response to a citation, the citation may be used as the initial pleading, unless the court directs that a formal complaint be made, and the appearance confers personal jurisdiction over the person. The person may plead guilty, no contest or not guilty. If the person pleads guilty or no contest, the court shall accept the plea, enter a judgment of guilty and impose a forfeiture, the penalty assessment imposed by
s. 165.87, the jail assessment imposed by
s. 302.46 (1) and any applicable domestic abuse assessment imposed by
s. 973.055 (1). If the court finds that the violation meets the conditions in
s. 800.093 (1), the court may order restitution under
s. 800.093. A plea of not guilty shall put all matters in the case at issue, and the matter shall be set for trial.
66.119(3)(c)
(c) If the alleged violator makes a cash deposit and fails to appear in court, the citation may serve as the initial pleading and the violator shall be considered to have tendered a plea of no contest and submitted to a forfeiture, the penalty assessment imposed by
s. 165.87, the jail assessment imposed by
s. 302.46 (1) and any applicable domestic abuse assessment imposed by
s. 973.055 (1) not exceeding the amount of the deposit. The court may either accept the plea of no contest and enter judgment accordingly or reject the plea. If the court finds the violation meets the conditions in
s. 800.093 (1), the court may summon the alleged violator into court to determine if restitution shall be ordered under
s. 800.093. If the court accepts the plea of no contest, the defendant may move within 10 days after the date set for the appearance to withdraw the plea of no contest, open the judgment and enter a plea of not guilty if the defendant shows to the satisfaction of the court that the failure to appear was due to mistake, inadvertence, surprise or excusable neglect. If the plea of no contest is accepted and not subsequently changed to a plea of not guilty, no costs or fees may be taxed against the violator, but a penalty assessment, a jail assessment and, if applicable, a domestic abuse assessment shall be assessed. If the court rejects the plea of no contest, an action for collection of the forfeiture, penalty assessment, jail assessment and any applicable domestic abuse assessment may be commenced. A city, village, town sanitary district or public inland lake protection and rehabilitation district may commence action under
s. 66.12 (1) and a county or town may commence action under
s. 778.10. The citation may be used as the complaint in the action for the collection of the forfeiture, penalty assessment, jail assessment and any applicable domestic abuse assessment.
66.119(3)(d)
(d) If the alleged violator does not make a cash deposit and fails to appear in court at the time specified in the citation, the court may issue a summons or warrant for the defendant's arrest or consider the nonappearance to be a plea of no contest and enter judgment accordingly if service was completed as provided under
par. (e) or the county, town, city, village, town sanitary district or public inland lake protection and rehabilitation district may commence an action for collection of the forfeiture, penalty assessment and jail assessment and any applicable domestic abuse assessment. A city, village, town sanitary district or public inland lake protection and rehabilitation district may commence action under
s. 66.12 (1) and a county or town may commence action under
s. 778.10. The citation may be used as the complaint in the action for the collection of the forfeiture, penalty assessment and jail assessment and any applicable domestic abuse assessment. If the court considers the nonappearance to be a plea of no contest and enters judgment accordingly, the court shall promptly mail a copy or notice of the judgment to the defendant. The judgment shall allow the defendant not less than 20 days from the date of the judgment to pay any forfeiture, penalty assessment and jail assessment and any applicable domestic abuse assessment imposed. If the defendant moves to open the judgment within 6 months after the court appearance date fixed in the citation, and shows to the satisfaction of the court that the failure to appear was due to mistake, inadvertence, surprise or excusable neglect, the court shall reopen the judgment, accept a not guilty plea and set a trial date.
66.119(3)(e)
(e) A judgment may be entered under
par. (d) if the summons or citation was served as provided under
s. 968.04 (3) (b) 2. or by personal service by a county, town, city, village, town sanitary district or public inland lake protection and rehabilitation district employe.
66.119(4)
(4) Relationship to other laws. The adoption and authorization for use of a citation under this section shall not preclude the governing body from adopting any other ordinance or providing for the enforcement of any other law or ordinance relating to the same or any other matter. The issuance of a citation under this section shall not preclude the proceeding under any other ordinance or law relating to the same or any other matter. The proceeding under any other ordinance or law relating to the same or any other matter shall not preclude the issuance of a citation under this section.
66.119(5)
(5) Municipal court. If the action is to be in municipal court, the citation under
s. 800.02 (2) shall be used.
66.119 History
History: 1975 c. 201,
421;
1977 c. 29,
305;
1979 c. 32 s.
92 (8), (17);
1979 c. 151,
355;
1987 a. 27,
389;
1989 a. 107;
1991 a. 39,
40,
128,
189,
315;
1993 a. 16,
167;
1995 a. 349.
66.119 Cross-reference
Cross-reference: As to (3) (d), see s.
800.093 regarding municipal court authority to order restitution.
66.119 Annotation
Circuit court may not issue bench warrant for violator of county ordinance who has received citation under this section and who neither posts deposit nor appears at citation return date. 70 Atty. Gen. 280.
