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;
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 program costs. Subject to the terms and conditions of its financial assistance agreement, a municipality may repay financial assistance costs received under the clean water fund program under
ss. 281.58 and
281.59 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;
1997 a. 27,
213.
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.
66.37(2)
(2) Any person claiming such reward shall exhibit the ears of the gopher or head of any other animal on which a bounty is payable to an officer designated by such governing body in its ordinance or resolution providing for such reward, and present an affidavit to such officer stating that said ears or head are of the animal the person killed, and that the person has not spared the life of any such animal within the person's power to kill. Such officer shall then issue a certificate in the following form:
State of Wisconsin,
County of ....
I, .... (designation of officer), do certify that .... has this day exhibited to me the head (or ears) of ...., which (he, she) claims to have killed in said (town, city, village), and that the head (or ears) of said .... was (were) destroyed in my presence, and that the said .... is on presentation of this certificate to the (town, city, village) clerk within 20 days from the date hereof, entitled to an order on the (town, city, village) treasurer for the sum of .... dollars, to be drawn from the general fund of said (town, city, village).
Dated this .... day of ...., .... (year)
.... (Designation of Officer) ....
66.37(3)
(3) The town, city or village clerk, respectively, shall on the production of the certificate of such officer, issue to the holder thereof an order on the town, city or village treasurer, respectively, for the amount stated in said certificate.
66.37(4)
(4) Whenever any county has authorized the reward provided for in this section, the treasurers of the various towns, cities and villages shall, at the close of their accounts on October 30 in each year certify to the county clerk the amount of money expended by their respective towns, cities and villages under this section. Such treasurer shall attach to the certificate an affidavit stating that the account is just and that his or her town, city or village has actually expended the amount therein stated. The certificate and affidavit shall be placed on file in the office of the county clerk and the account shall be audited by the county board and the amount thereof paid to the treasurers of the respective towns, cities and villages from any money in the general fund of the county not otherwise appropriated. The county board may by ordinance provide an alternative method of reimbursement whereby the county clerk may make direct payment to the claimant of the reward allowed by the county upon the presentation of the affidavit and certificate provided in
sub. (2).
66.37(5)
(5) Any county, city, village, or town clerk or conservation warden who knowingly makes any untrue or false certificate in respect to any animals on which a bounty is paid, and any person who obtains or endeavors to obtain any such certificate from such clerk or conservation warden by false or fraudulent misrepresentation or practices, and any person who knowingly obtains or endeavors to obtain a reward as provided in this section for the killing of any animal that has been raised, reared, harbored or held in captivity by anyone shall be fined not more than $500 or imprisoned not more than 9 months or both.
66.37 History
History: 1975 c. 91,
199,
365;
1977 c. 224 s.
11; Stats. 1977 s. 66.37;
1991 a. 316;
1997 a. 250.
66.375
66.375
Municipal rent control prohibited. 66.375(1)
(1) No city, village, town or county may regulate the amount of rent or fees charged for the use of a residential rental dwelling unit.
66.375(2)
(2) This section does not prohibit a city, village, town, county or housing authority or the Wisconsin housing and economic development authority from doing any of the following:
66.375(2)(a)
(a) Entering into a rental agreement which regulates rent or fees charged for the use of a residential rental dwelling unit it owns or operates.
66.375(2)(b)
(b) Entering into an agreement with a private person who regulates rent or fees charged for a residential rental dwelling unit.
66.375 History
History: 1991 a. 39.
66.38
66.38
Municipal mortgage housing assistance. 66.38(1)(1)
Definitions. In this section:
66.38(1)(a)
(a) "Debt service" means the amount due of principal, interest and premium for mortgage revenue bonds or revenue bonds issued under this section.
66.38(1)(b)
(b) "Dwelling" means any structure used or intended to be used for habitation with up to 2 separate units certified for occupancy by the city. "Dwelling" also means any housing cooperative incorporated under
ch. 185.
66.38(1)(c)
(c) "Lending institution" means any private business issuing home mortgages.
66.38(1)(d)
(d) "Municipality" means any city with a population greater than 75,000.
66.38(1)(e)
(e) "Owner-occupied dwelling" means a dwelling in which the owner occupies or will occupy any unit.
66.38(2)(a)(a) The legislative body of any municipality may adopt a resolution, authorizing the municipality to:
66.38(2)(a)1.
1. Issue mortgage loans with an interest rate less than the lowest rate available at lending institutions within the municipality, for the purchase or construction of any owner-occupied dwelling located within an area described in
sub. (3). Financing for rehabilitation or home improvements may be made available as part of these loans.
66.38(2)(a)2.
2. Issue loans to any lending institution within the municipality that agrees to loan the money at designated terms for the purchase, purchase and rehabilitation or construction of any owner-occupied dwelling located within an area described in
sub. (3).
66.38(2)(a)3.
3. Foreclose any mortgage and sell the mortgaged property for collection purposes if the mortgagor defaults on the payment of principal and interest of a loan issued under this section.
66.38(2)(b)
(b) The resolution shall designate each area in which dwellings are eligible for loans.
66.38(2)(c)
(c) No loan may be issued to purchase, purchase and rehabilitate or construct a dwelling that violates applicable provisions of the one- and 2-family dwelling code under
ss. 101.60 to
101.66, or that violates any ordinance the municipality adopts regulating the dwelling. If the dwelling is found to be violating the dwelling code or any ordinance after issuance of the loan, the loan shall default. The municipality may require the full loan to become due or may increase the interest rate to the maximum allowable. The municipality may defer imposing a penalty for up to one year after the violation is found to exist.
66.38(3)
(3) Eligible areas. Owner-occupied dwellings in any area of the municipality are eligible for loans under this section if any 2 of the following conditions exist:
66.38(3)(a)
(a) The median assessed property value of one- and 2-family dwellings in the area is less than or equal to 80% of the median assessed property value of one- and 2-family dwellings in the municipality.
66.38(3)(b)
(b) The median family income of the area is less than or equal to 80% of the median family income of the municipality.
66.38(3)(c)
(c) The proportion of owner-occupied dwellings in the area is less than or equal to 80% of the proportion of owner-occupied dwellings in the municipality.
66.38(3)(d)
(d) The vacancy rate of dwellings in the area is greater than or equal to 120% of the vacancy rate of dwellings in the municipality.
66.38(4)(a)(a) The governing body of any municipality may issue revenue bonds by resolution, to finance low-interest mortgage loans under this section. The resolution shall state the maximum dollar amount of authorized bonds and the purpose for which the municipality may issue the bonds. The resolution shall state the terms, form and content of the bonds. These bonds may be registered under
s. 67.09.
66.38(4)(b)
(b) Debt service is payable solely from revenues received from the loans issued under this section. No mortgage revenue bond or revenue bond issued under this section is a debt of the municipality or a charge against the city's general credit or taxing powers. The municipality shall plainly state the provisions of this paragraph on the face of each mortgage revenue bond or revenue bond.
