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;
1997 a. 27,
39.
66.30 Note
NOTE: 1993 Wis. Act 406, which amends subs. (1) (b) and (2), contains extensive explanatory notes.
66.30 Annotation
Where a municipality's power to contract is improperly or irregularly exercised and the municipality receives a benefit under the contract, it is estopped from asserting the 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 s. 66.30 includes only planning collateral to the organization, implementation and administration of specific projects; the authority for general multi-jurisdictional planning is found in s. 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
A county may contract with a city for the joint provision of public health nursing services under sub. (2). 66 Atty. Gen. 54.
66.30 Annotation
Voting members of a commission created by 2 villages were public officers protected by s. 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
A request for assistance may be implicit. United States v. Mattes, 687 F (2d) 1039 (1982).
66.307
66.307
Premier resort areas. 66.307(1)(a)
(a) "Infrastructure expenses" means the costs of purchasing, constructing or improving parking lots; access ways; transportation facilities, including roads and bridges; sewer and water facilities; parks, boat ramps, beaches and other recreational facilities; fire fighting equipment; police vehicles; ambulances; and other equipment or materials dedicated to public safety or public works.
66.307(1)(b)
(b) "Political subdivision" means a city, village, town or county.
66.307(1)(c)
(c) "Premier resort area" means a political subdivision whose governing body enacts an ordinance or adopts a resolution under
sub. (2) (a).
66.307(1)(d)
(d) "Tourism-related retailers" means retailers classified in the standard industrial classification manual, 1987 edition, published by the U.S. office of management and budget under the following industry numbers:
66.307(1)(d)21.
21. 7999 — Amusement and recreational services, not elsewhere classified.
66.307(2)(a)(a) The governing body of a political subdivision, by a two-thirds vote of the members of the governing body who are present when the vote is taken, may enact an ordinance or adopt a resolution declaring itself to be a premier resort area if at least 40% of the equalized assessed value of the taxable property within such political subdivision is used by tourism-related retailers.
66.307(2)(b)
(b) A political subdivision that is a premier resort area may impose the tax under
s. 77.994.
66.307(2)(c)
(c) If 2 or more contiguous political subdivisions that are premier resort areas each impose the tax under
s. 77.994, they may enter into a contract under
s. 66.30 to cooperate in paying for infrastructure expenses, in addition to any other authority they have to act under
s. 66.30.
66.307(2)(d)
(d) The proceeds from a tax that is imposed under
s. 77.994 and this subsection may be used only to pay for infrastructure expenses within the jurisdiction of a premier resort area.
66.307(3)
(3) Jurisdiction. The jurisdiction of a premier resort area is coterminous with the boundaries of a political subdivision whose governing body enacts an ordinance or adopts a resolution under
sub. (2) (a) or with the boundaries of 2 or more political subdivisions that enter into a contract under
sub. (2) (c).
66.307 History
History: 1997 a. 27.
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. The writing prepared under this subsection shall include a conspicuous notification of the prohibition and penalty under
s. 946.66.
66.312 History
History: 1987 a. 131;
1997 a. 176.
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;
