60.22 Annotation
The state regulatory scheme for tobacco sales preempts municipalities from adopting regulations that are not in strict conformity with those of the state. U.S. Oil, Inc. v. City of Fond du Lac,
199 Wis. 2d 333,
544 N.W.2d 589 (Ct. App. 1995).
60.22 Annotation
A town with village powers has the authority to adopt ordinances authorizing its plan commission to review and approve industrial site plans before issuing a building permit. An ordinance regulating development need not be created with a particular degree of specificity other than is necessary to give developers reasonable notice of the areas of inquiry that the town will examine in approving or disapproving proposed sites. Town of Grand Chute v. U.S. Paper Converters, Inc.
229 Wis. 2d 674,
600 N.W.2d 33 (Ct. App. 1999).
60.23
60.23
Miscellaneous powers. The town board may:
60.23(1)
(1) Joint participation. Cooperate with the state, counties and other units of government under
s. 66.0301, including cooperative arrangements involving the acquisition, development, remodeling, construction, equipping, operation and maintenance of land, buildings and facilities for regional projects, whether or not located in the town.
60.23(2)
(2) Utility districts. Establish utility districts under
s. 66.0827 and provide that any convenience or public improvement in the district be paid for under that section.
60.23(3)
(3) Appropriations for civic and other functions. If authorized under
s. 60.10 (3) (b), appropriate reasonable amounts of money for gifts or donations to be used to:
60.23(3)(a)
(a) Further civic functions and agricultural societies.
60.23(3)(b)
(b) Advertise the attractions, advantages and natural resources of the town.
60.23(3)(e)
(e) Establish, maintain and repair ecological areas.
60.23(3)(f)
(f) Provide for the organization, equipment and maintenance of a town museum or a municipal band, or for the employment of other bands to give concerts and municipal entertainment in the town.
60.23(3)(g)
(g) Construct or otherwise acquire, equip, furnish, operate and maintain, with the county in which the town is located, a county-town auditorium. The provisions of
s. 66.0925, as they apply to cities, shall apply to towns, and the powers and duties conferred and imposed by
s. 66.0923 upon mayors, councils and specified city officials are hereby conferred upon town board chairpersons, town boards and town officials performing duties similar to the duties of such specified city officials respectively, except those provisions or powers that conflict with statutes relating to towns and town boards.
60.23(4)
(4) Town industrial development agency. In order to promote and develop the resources of the town, appropriate money for and create a town industrial development agency or appoint an executive officer and provide staff and facilities for a nonprofit organization organized to act under this subsection. A town industrial development agency created under this subsection may:
60.23(4)(a)
(a) Develop data regarding the industrial needs of, advantages of and sites in the town.
60.23(4)(b)
(b) Engage in promotional activities to acquaint prospective purchasers with industrial products manufactured in the town.
60.23(4)(c)
(c) Coordinate its activities with the county planning commission, the department of commerce and private credit development organizations.
60.23(4)(d)
(d) Engage in any other activity necessary for the continued improvement of the town's industrial climate.
60.23(6)
(6) Conservation of natural resources. If authorized by the town meeting under
s. 60.10 (3) (a), appropriate money for the conservation of natural resources or for payment to a bona fide nonprofit organization for the conservation of natural resources within the town or beneficial to the town. No payment may be made to a nonprofit organization unless the organization submits and the town board approves a detailed plan of the work to be done. The plan shall include the name of the owner of any property on which work is to be performed.
60.23(8)
(8) Emergency pest and disease control. Appropriate money for the control of insects, weeds or plant or animal diseases if:
60.23(8)(a)
(a) An emergency arises within the town due to insects, weeds or plant or animal diseases; and
60.23(8)(b)
(b) The board determines that any delay resulting from calling a special town meeting to authorize the town board to appropriate money for this purpose under
s. 60.10 (3) (c) would result in serious harm to the general welfare of the town.
60.23(9)
(9) Resident physicians, physician assistants and nurses in certain towns. In a town comprised entirely of one or more islands, annually appropriate money to retain a physician or, if no physician is available, a physician assistant or nurse practitioner, as a resident within the town.
60.23(10)
(10) Bowling centers, dance halls, roadhouses, places of amusement, pool tables and amusement devices. Regulate, including the licensing of, bowling centers, dance halls, roadhouses, other places of amusement, billiard and pool tables and amusement devices maintained in commercial facilities. If a license is required, the board shall establish the term of the license, not to exceed one year, and the license fee. The board may suspend or revoke, for cause, a license issued under this subsection. Any person violating a regulation adopted under this subsection shall forfeit to the town an amount established by the town board.
60.23(12)
(12) Reimbursement of school districts for providing transportation in hazardous areas. Reimburse a school district for costs incurred by the district under
s. 121.54 (9) in transporting pupils who reside in the town.
60.23(13)
(13) Exchange tax credit for county land. Authorize the town treasurer to exchange any credit the town has with the county, arising from delinquent real estate taxes, for county-owned land.
60.23(14)
(14) Associations of towns. Appropriate money to purchase membership in any association of town boards for the protection of town interests and improvement of town government.
60.23(15)
(15) Vacation of alleys. Vacate any alley in the town under
s. 66.1003. The town board may not vacate, under this subsection, an alley adjacent to land fronting a state or county trunk highway.
60.23(17)
(17) Change street names. Name, or change the name of, any street in the town under
s. 81.01 (11).
60.23(17m)
(17m) Neighborhood watch program and signs. Authorize a neighborhood watch program. The town board may place within the right-of-way of a street or highway under the jurisdiction of the town a neighborhood watch sign of a uniform design approved by the department of transportation. If the town board obtains the approval of the county board, the town board may place a sign under this subsection within the right-of-way of a county trunk highway within the limits of the town. No sign under this subsection may be placed within the right-of-way of a highway designated as part of the national system of interstate and defense highways.
60.23(19)
(19) Fences in subdivisions. If authorized under
s. 60.10 (2) (c) to exercise village powers, by ordinance require a subdivider to construct a fence under
s. 90.02 on the boundary of a subdivision, as defined under
s. 236.02 (8), as a condition of plat approval by the town. The fence shall be maintained under
s. 90.05 (2) and repaired under
ss. 90.10 and
90.11.
60.23(20)
(20) Disposition of dead animals. Notwithstanding
ss. 59.54 (21) and
95.50 (3), dispose of any dead animal within the town or contract for the removal and disposition with any private disposal facility. A town may enter into a contract with any other governmental unit under
s. 66.0301 to provide for the removal and disposition. A town may recover its costs under this subsection by imposing a special charge under
s. 66.0627.
60.23(22)
(22) Contribution to truancy. If the town board has established a municipal court under
s. 755.01 (1), adopt an ordinance to prohibit conduct that is the same as or similar to that prohibited by
s. 948.45 and impose a forfeiture for a violation of the ordinance.
60.23(22m)
(22m) School attendance. If the town board has established a municipal court under
s. 755.01 (1), enact and enforce an ordinance to impose a forfeiture, which is the same as the fine provided under
s. 118.15 (5), upon a person having under his or her control a child who is between the ages of 6 and 18 years and whose child is not in compliance with
s. 118.15.
60.23(23)
(23) Power to prohibit certain conduct. Enact and enforce ordinances, and provide forfeitures for violations of those ordinances, that prohibit conduct which is the same as or similar to that prohibited by
chs. 941 to
948, except as provided in
s. 66.0107 (3).
60.23(24)
(24) Cable television. Enact and enforce an ordinance, and provide forfeitures for a violation of that ordinance, that is similar to
s. 100.209, or that gives a cable service subscriber greater rights than the rights under
s. 100.209 (2).
60.23(27)
(27) Town housing authorities, blighted areas. Engage in certain housing and redevelopment activities. The provisions of
ss. 66.1201 to
66.1211,
66.1301 to
66.1329,
66.1331 to
66.1333 and
66.1335, except the provisions of
s. 66.1201 (10) and any other provisions that conflict with statutes relating to towns and town boards, apply to towns, and the powers and duties conferred and imposed by
ss. 66.1201 to
66.1211,
66.1301 to
66.1329,
66.1331 to
66.1333 and
66.1335, except the powers and duties conferred and imposed by
s. 66.1201 (10) and any other powers that conflict with statutes relating to towns and town boards, upon mayors, common councils and specified city officials are conferred upon town board chairpersons, town boards and town officials performing duties similar to the duties of the specified city officials and common councils respectively. Any town housing authorities created under this subsection may participate in any state grants-in-aid for housing in the same manner as city housing authorities created under
ss. 66.1201 to
66.1211.
60.23(28)
(28) Safety buildings. Construct, acquire, equip, furnish, operate and maintain a safety building. The provisions of
s. 66.0925, as they apply to cities, shall apply to towns, and the powers and duties conferred and imposed by
s. 66.0925 upon mayors, common councils and specified city officials are hereby conferred upon town board chairpersons, town boards and town officials performing duties similar to the duties of such specified city officials and common councils respectively, except those provisions or powers that conflict with statutes relating to towns and town boards.
60.23(29)
(29) Billboard regulation. Enact and enforce an ordinance, and provide a forfeiture for a violation of the ordinance, that regulates the maintenance and construction of billboards and other similar structures on premises abutting on highways in the town that are maintained by the town or by the county in which the town is located so as to promote the safety of public travel on the highways.
60.23(30)
(30) Riding horses, dogs running at large. Enact and enforce ordinances, and provide forfeitures for violations of those ordinances, that are the same as or similar to ordinances that may be enacted by a county to regulate riding horses and commercial stables under
s. 59.54 (19) or to regulate dogs running at large under
s. 59.54 (20).
60.23(31)
(31) Unified local transportation system. Cooperate with a county under
s. 59.58 (2) (j) in the establishment of a comprehensive unified local transportation system, as defined in
s. 59.58 (2) (c) 2.
60.23 History
History: 1983 a. 532;
1985 a. 316 s.
25;
1987 a. 205;
1989 a. 121,
197,
276,
359;
1991 a. 28,
296;
1993 a. 105,
246,
456;
1995 a. 27 ss.
3300m,
9116 (5);
1995 a. 77,
201,
289,
448;
1997 a. 27,
111,
155,
237;
1999 a. 115;
1999 a. 150 ss.
8,
9,
672.
60.24
60.24
Powers and duties of town board chairperson. 60.24(1)(1)
General powers and duties. The town board chairperson shall:
60.24(1)(a)
(a)
Preside at board meetings. Preside over meetings of the town board.
60.24(1)(b)
(b)
Preside at town meetings. Preside over town meetings as provided under
s. 60.13.
60.24(1)(c)1.1. Sign all ordinances, resolutions, bylaws, orders, regulations, commissions, licenses and permits adopted or authorized by the town board unless the town board, by ordinance, authorizes another officer to sign specific types of documents in lieu of the chairperson. The board, by ordinance, may authorize use of a facsimile signature under this paragraph.
60.24(1)(d)
(d)
Assure administration of statutes. Supervise the administration of statutes relating to the town and town operations to see that they are faithfully executed.
60.24(1)(e)
(e)
Act on behalf of board. Act, on behalf of the town board, to:
60.24(1)(e)2.
2. See that peace and order are maintained in the town.
60.24(1)(e)3.
3. Obtain necessary assistance, if available, in case of emergency, except as provided under
ch. 166.
60.24(1)(f)
(f)
Act on authorization of board. If authorized by the town board, act on behalf of the board, to:
60.24(1)(f)1.
1. Direct, as appropriate, the solicitation of bids and quotations for the town's purchase of equipment, materials and services and submit the bids and quotations to the town board for approval.
60.24(1)(f)2.
2. Represent, or designate another officer to represent, the town at meetings of, and hearings before, governmental bodies on matters affecting the town.
60.24(2)
(2) Administer oaths. The town board chairperson may administer oaths and affidavits on all matters pertaining to the affairs of the town.
60.24(3)
(3) Other responsibilities. In addition to the powers and duties under this section, the town board chairperson has the following responsibilities:
60.24(3)(a)
(a) Nominate individuals for service as election officials to the town board whenever the town board disapproves the nominee of a party committee under
s. 7.30 (4) and the names of additional nominees are not available.
60.24(3)(d)
(d) Execute and sign a certificate of indebtedness in connection with obtaining a state trust fund loan under
s. 24.67.
60.24(3)(h)
(h) Exercise the powers and duties specified for a mayor under
s. 62.13 if the town creates a joint board of police and fire commissioners or joint police or fire department with a village under
s. 61.65 (3g) (d) 2. or a board of police and fire commissioners under
s. 60.57.
60.24(3)(i)
(i) Provide an annual estimate of funds necessary for any utility district established under
s. 66.0827 (2).
60.24(3)(j)
(j) Appoint, at his or her discretion, one or more commissioners of noxious weeds under
s. 66.0517.
60.24(3)(L)
(L) If authorized by the town board, represent the interests of the town in connection with appearances before the state tax appeals commission under
s. 70.64 (5).
60.24(3)(m)
(m) Approve the bond of the town treasurer delivered to the county treasurer under
s. 70.67 (1).
60.24(3)(n)
(n) Perform duties in connection with selection of jurors in actions relating to the taking of property to provide access to a cemetery, fairground or land used for industrial expositions under
s. 80.48 (3) and
(4).
60.24(3)(o)
(o) Sign orders for payment of work performed and materials furnished on town highways under
s. 81.04.
60.24(3)(p)
(p) See that all tunnels in the town are constructed under
s. 81.35 and that they are kept in good repair.
60.24(3)(r)
(r) Close county trunk highways when rendered dangerous for travel and notify the highway commissioner under
s. 83.09.
60.24(3)(w)
(w) Perform the town chairperson's duties related to stray animals and lost goods under
ch. 170.
60.24(3)(x)
(x) Perform the town chairperson's duties related to distrained animals under
ch. 172.
60.24(3)(xm)
(xm) Perform the town chairperson's duties related to animals that have caused damage in the town under
ch. 172.
60.24(3)(y)
(y) Perform the town chairperson's duties related to municipal power and water districts under
ch. 198.
60.24(3)(ym)
(ym) Cause actions to be commenced for recovery of forfeitures for violations of town ordinances that can be recovered in municipal court under
s. 778.11.
60.24(3)(z)
(z) Notify the district attorney of forfeitures which may not be recovered in municipal court under
s. 778.12.
