66.30(6)(f)
(f) A contract or any extension of the contract of over 5 years duration which includes a common or union high school district participant shall be approved by the annual or special school district meeting.
66.30(6)(g)
(g) At least 30 days prior to entering into a contract under this subsection or a modification or extension of the contract, the school boards of the districts involved or their designated agent shall file the proposed agreement with the department of education to enable the department to assist and advise the school boards involved in regard to the applicable recognized accounting procedure for the administration of the school aid programs. The department of education shall review the terms of the proposed contract to ensure that each participating district's interests are protected.
Effective date note
NOTE: Par. (g) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(g) At least 30 days prior to entering into a contract under this subsection or a modification or extension of the contract, the school boards of the districts involved or their designated agent shall file the proposed agreement with the state superintendent to enable the state superintendent or state superintendent's designee to assist and advise the school boards involved in regard to the applicable recognized accounting procedure for the administration of the school aid programs. The state superintendent shall review the terms of the proposed contract to ensure that each participating district's interests are protected.
66.30(6)(h)
(h) School district boards entering into a contract under this subsection shall designate for each employe providing services under the contract either a school district entering into the contract or a cooperative educational service agency under
ch. 116 as the employer for purposes of compliance with
s. 111.70, teacher's retirement, worker's compensation and unemployment compensation.
66.30 History
History: 1971 c. 143,
152,
211;
1973 c. 301;
1975 c. 123,
228;
1977 c. 26 s.
75;
1977 c. 29 s.
1654 (8) (c);
1977 c. 418;
1979 c. 122;
1981 c. 20,
190,
247,
282,
390;
1983 a. 189 ss.
55,
329 (17);
1983 a. 207;
1985 a. 29,
225;
1987 a. 27,
403;
1989 a. 335;
1991 a. 39,
316;
1993 a. 246,
263,
406;
1995 a. 27,
56,
201.
66.30 Note
NOTE: 1993 Wis. Act 406, which amends subs. (1) (b) and (2), contains extensive explanatory notes.
66.30 Annotation
Where municipality's power to contract is improperly or irregularly exercised and municipality receives benefit under contract, it is estopped from asserting invalidity of contract. Village of McFarland v. Town of Dunn, 82 W (2d) 469, 263 NW (2d) 167.
66.30 Annotation
There is some latitude under this section for counties to contract with municipalities within the county to furnish or supplement certain law enforcement services in the municipality. 58 Atty. Gen. 72.
66.30 Annotation
No legal authority for the creation of a City-County Metropolitan Police Agency exists at present. 60 Atty. Gen. 85.
66.30 Annotation
Cooperative planning among municipalities allowed by 66.30 includes only planning collateral to the organization, implementation and administration of specific projects; authority for general multi-jurisdictional planning is found in 66.945. 60 Atty. Gen. 313.
66.30 Annotation
A county may contract to furnish certain law enforcement services to cities, villages and towns within the county but cannot take over all law enforcement functions. A deputy sheriff may not be designated as a city police chief. 65 Atty. Gen. 47.
66.30 Annotation
County may contract with city for the joint provision of public health nursing services under (2). 66 Atty. Gen. 54.
66.30 Annotation
Voting members of commission created by 2 villages were public officers protected by 895.46 (1).
74 Atty. Gen. 208.
66.301
66.301
One- and 2-family dwelling code. Ordinances enacted by any county, city, village or town relating to the construction and inspection of one- and 2-family dwellings shall conform to
subch. II of ch. 101.
66.301 History
History: 1975 c. 404.
66.302
66.302
Manufactured building code. Ordinances enacted by any county, city, village or town relating to the on-site inspection of the installation of manufactured buildings shall conform to
subch. III of ch. 101.
66.302 History
History: 1975 c. 405.
66.303
66.303
Multifamily dwelling code. 66.303(1)
(1) Except as provided in
sub. (2), any ordinance enacted by a county, city, village or town relating to the construction or inspection of multifamily dwellings, as defined in
s. 101.971 (2), shall conform to
subch. VI of ch. 101 and
s. 101.02 (7m).
66.303(2)
(2) If a county, city, village or town has a preexisting stricter sprinkler ordinance, as defined in
s. 101.975 (3) (a), that ordinance remains in effect and the county, city, village or town may take any action with regard to that ordinance that a political subdivision may take under
s. 101.975 (3) (b).
66.303 History
History: 1991 a. 269.
66.304
66.304
Family day care homes. 66.304(1)(a)
(a) "Family day care home" means a dwelling licensed as a day care center by the department of health and family services under
s. 48.65 where care is provided for not more than 8 children.
66.304(1)(b)
(b) "Municipality" means a county, city, village or town.
66.304(2)
(2) No municipality may prevent a family day care home from being located in a zoned district in which a single-family residence is a permitted use. No municipality may establish standards or requirements for family day care homes different from the licensing standards established under
s. 48.65. This subsection does not prevent a municipality from applying to a family day care home the zoning regulations applicable to other dwellings in the zoning district in which it is located.
66.304 History
History: 1983 a. 193;
1995 a. 27 s.
9126 (19).
66.305
66.305
Law enforcement; mutual assistance. 66.305(1)
(1) Upon the request of any law enforcement agency, including county law enforcement agencies as provided in
s. 59.28 (2), the law enforcement personnel of any other law enforcement agency may assist the requesting agency within the latter's jurisdiction, notwithstanding any other jurisdictional provision. For purposes of
ss. 895.35 and
895.46, such law enforcement personnel while acting in response to such request, shall be deemed employes of the requesting agency.
66.305 History
History: Sup. Ct. Order, 67 W (2d) 585, 774 (1975);
1995 a. 201.
66.305 Annotation
The statutes do not permit the creation of a separate regional law enforcement agency and neither the sheriff nor the county board has power to delegate supervisory or law enforcement powers to such an agency. 63 Atty. Gen. 596.
66.305 Annotation
Request for assistance may be implicit. United States v. Mattes, 687 F (2d) 1039 (1982).
66.31
66.31
Agreement to establish an airport affected area. Any county, town, city or village may establish by written agreement with an airport, as defined in
s. 62.23 (6) (am) 1. a.:
66.31 History
History: 1985 a. 136;
1995 a. 201.
66.31 Note
NOTE: Section 1 of 85 Act 136 is entitled "Findings and purpose".
66.312
66.312
Law enforcement agency policies on use of force and citizen complaint procedures. 66.312(2)
(2) Use of force policy. Each person in charge of a law enforcement agency shall prepare in writing and make available for public scrutiny a policy or standard regulating the use of force by law enforcement officers in the performance of their duties.
66.312(3)
(3) Citizen complaint procedure. Each person in charge of a law enforcement agency shall prepare in writing and make available for public scrutiny a specific procedure for processing and resolving a complaint by any person regarding the conduct of a law enforcement officer employed by the agency.
66.312 History
History: 1987 a. 131.
66.315
66.315
Police, pay when acting outside county or municipality. 66.315(1)(1) Any chief of police, sheriff, deputy sheriff, county traffic officer or other peace officer of any city, county, village or town, who shall be required by command of the governor, sheriff or other superior authority to maintain the peace or who responds to the request of the authorities of another municipality, to perform police or peace duties outside territorial limits of the city, county, village or town where employed as such officer, shall be entitled to the same wage, salary, pension, worker's compensation, and all other service rights for such service as for service rendered within the limits of the city, county, village or town where regularly employed.
66.315(2)
(2) All wage and disability payments, pension and worker's compensation claims, damage to equipment and clothing, and medical expense, shall be paid by the city, county, village or town regularly employing such peace officer. Upon making such payment such city, county, village or town shall be reimbursed by the state, county or other political subdivision whose officer or agent commanded the services out of which the payments arose.
66.315 History
History: 1975 c. 147 s.
54.
66.32
66.32
Extraterritorial powers. The extraterritorial powers granted to cities and villages by statute, including
ss. 30.745,
62.23 (2) and
(7a),
66.052,
236.10 and
254.57, may not be exercised within the corporate limits of another city or village. Wherever these statutory extraterritorial powers overlap, the jurisdiction over the overlapping area shall be divided on a line all points of which are equidistant from the boundaries of each municipality concerned so that not more than one municipality shall exercise power over any area.
66.32 History
History: 1981 c. 222 s.
2;
1993 a. 27.
66.325
66.325
Emergency powers. 66.325(1)(1) Notwithstanding any other provision of law to the contrary, the governing body of any city, village or town is empowered to declare, by ordinance or resolution, an emergency existing within the city, village or town whenever conditions arise by reason of war, conflagration, flood, heavy snow storm, blizzard, catastrophe, disaster, riot or civil commotion, acts of God, and including conditions, without limitation because of enumeration, which impair transportation, food or fuel supplies, medical care, fire, health or police protection or other vital facilities of the city, village or town. The period of the emergency shall be limited by the ordinance or resolution to the time during which the emergency conditions exist or are likely to exist.
66.325(2)
(2) The emergency power of the governing body conferred under
sub. (1) includes the general authority to order, by ordinance or resolution, whatever is necessary and expedient for the health, safety, welfare and good order of the city, village or town in the emergency and includes without limitation because of enumeration the power to bar, restrict or remove all unnecessary traffic, both vehicular and pedestrian, from the local highways, notwithstanding any provision of
chs. 341 to
349 or any other provisions of law. The governing body of the city, village or town may provide penalties for violation of any emergency ordinance or resolution not to exceed a $100 forfeiture or, in default of payment of the forfeiture, 6 months' imprisonment for each separate offense.
66.325(3)
(3) If, because of the emergency conditions, the governing body of the city, village or town is unable to meet with promptness, the chief executive officer or acting chief executive officer of any city, village or town shall exercise by proclamation all of the powers conferred upon the governing body under
sub. (1) or
(2) which within the discretion of the officer appear necessary and expedient for the purposes herein set forth. The proclamation shall be subject to ratification, alteration, modification or repeal by the governing body as soon as that body can meet, but the subsequent action taken by the governing body shall not affect the prior validity of the proclamation.
66.325 History
History: 1993 a. 246.
66.33
66.33
Aids to municipalities for prevention and abatement of water pollution. 66.33(1)
(1) As used in this section "municipality" means any city, town, village, town sanitary district, public inland lake protection and rehabilitation district or metropolitan sewerage district.
66.33(2)
(2) Any municipality is authorized to apply for and accept grants or any other aid which the United States Government or any agency thereof has authorized or may hereafter authorize to be given or made to the several states of the United States or to any political subdivisions or agencies thereof within the states for the construction of public improvements, including all necessary action preliminary thereto, the purpose of which is to aid in the prevention or abatement of water pollution.
66.33(3)
(3) Any municipality is further authorized to accept contributions and other aid from commercial, industrial and other establishments for the purpose of aiding in the prevention or abatement of water pollution and in furtherance of such purpose to enter into contracts and agreements with such commercial, industrial and other establishments covering the following:
66.33(3)(a)
(a) The collection, treatment and disposal of sewage and industrial wastes from commercial, industrial and other establishments;
66.33(3)(b)
(b) The use and operation by such municipality of sewage collection, treatment or disposal facilities owned by any such commercial, industrial and other establishment;
66.33(3)(c)
(c) The coordination of the sewage collection, treatment or disposal facilities of the municipality with the sewage collection, treatment or disposal facilities of any commercial, industrial and other establishment.
66.33(4)
(4) When determined by its governing body to be in the public interest any municipality is authorized to enter into and perform contracts, whether long-term or short-term, with any industrial establishment or establishments providing for sewage or other facilities, including the operation thereof, to abate or reduce the pollution of waters caused in whole or in part by discharges of industrial wastes by the industrial establishment or establishments on such terms as may be reasonable and proper.
66.33(5)
(5) Any municipality may participate in the state financial assistance program for soil and water resources protection established under
s. 281.55,
281.57 or
281.65 and may enter into agreements with the department of natural resources for that purpose. Any municipality may participate in the clean water fund program under
ss. 281.58 and
281.59 and may enter into agreements with the department of administration and the department of natural resources for that purpose. Any county may participate in the state financial assistance program for soil and water resources protection established under
s. 92.14 and may enter into agreements with the department of agriculture, trade and consumer protection for that purpose.
66.33(6)
(6) Any municipality is authorized to enter into contracts with a nonprofit-sharing corporation for the municipality to design and construct the projects it will sublease from the department of natural resources pursuant to
s. 281.55 (6) (b).
66.33(7)
(7) The provisions of this section shall not be construed by way of limitation or restriction of the powers otherwise granted municipalities but shall be deemed as an addition to and a complete alternative to such powers.
66.34
66.34
Soil conservation. Any city, village or town by its governing body or through a committee designated by it for the purpose, may contract to do soil conservation work on privately owned lands but no contract may involve more than $1,000 for any one person and the amount of work done for any one person may not exceed $1,000 annually.
66.34 History
History: 1975 c. 312;
1981 c. 317,
346.
66.345
66.345
Special assessments by towns. Any town board may levy special assessments against lands or interests specially benefited for the amount expended by the town for removal and disposition of dead animals under
s. 60.23 (20), soil conservation work under
s. 66.34 and for snow removal under
s. 86.105. Such levy shall be a lien on the property against which it is levied on behalf of the town from the date of the determination of the assessment by the board. The board shall provide for the collection of the assessments and may establish penalties for payment after the due date, and shall provide that the assessments thereof which are not paid by the date specified shall be extended upon the tax roll as a delinquent tax against the property and all proceedings in relation to collection, return and sale of property for delinquent real estate taxes shall apply to such special assessment.
66.345 History
History: 1983 a. 27;
1983 a. 532 s.
36.
66.35
66.35
Medical waste incinerator fees. 66.35(1)(b)
(b) "Municipality" means a city, village or town.
66.35(2)
(2) A municipality may, by ordinance, impose a fee, in accordance with rules promulgated under
s. 287.03 (1) (am), on the operator of a medical waste incinerator located in the municipality to cover the costs incurred because of the presence of the medical waste incinerator, including costs of monitoring emissions and of providing periodic notification to residents concerning the medical waste incinerator. The fee imposed under this section may not exceed $1 per ton of waste that is incinerated at the medical waste incinerator unless the municipality and the operator of the medical waste incinerator agree to a higher fee.
66.35 History
History: 1989 a. 335;
1995 a. 227.
66.36
66.36
Municipal financing; clean water fund project costs. Subject to the terms and conditions of its financial assistance agreement, a municipality may repay financial assistance costs received from the clean water fund by any lawful method, including any one of the following methods or any combination thereof:
66.36(1)
(1) Payment out of its general funds.
66.36(2)
(2) Payment out of the proceeds of the sale of obligations issued by it under
ch. 67.
66.36(3)
(3) Payment out of the proceeds of the sale of public improvement bonds issued by it under
s. 66.059.
66.36(4)
(4) Payment out of the proceeds of revenue obligations issued by it under
s. 66.066.
66.36 History
History: 1989 a. 366.
66.365
66.365
Aids to municipalities; environmental damage compensation. The department of natural resources may make grants to any county, city, village or town for the acquisition or development of recreational lands and facilities from moneys appropriated under
s. 20.370 (2) (dv). Use and administration of the grant shall be consistent with any court order issued under
s. 283.87 (3). A county, city, village or town which receives a grant under this section is not required to share in the cost of a project under this section.
66.37
66.37
Bounties, local; false certificates. 66.37(1)
(1) The governing body of any county, town, city or village may direct that every person who kills any pocket gopher, or any streaked gopher, or any black, brown, gray or Norway rat, commonly known as the house rat or barn rat, or any mole, or any red or grey fox, or any coyote, or any wildcat, or any weasel shall be entitled to a reward as determined by the governing board of any county, town, city or village.
