66.0419(1)(b)2.
2. Reaffirm the policy of the legislature, which is to provide that the exercise of the police power of this state concerning cable television service remain in the cities, towns and villages of this state.
66.0419(1)(b)3.
3. Authorize cities, towns and villages to impose franchise fees for the purpose of raising general revenue.
66.0419(1)(b)4.
4. Maintain the spirit of the compromise between the cable industry and municipalities effected under the federal cable communications policy act of 1984, the enactment of which the municipalities agreed to support because it provides for their clear right to impose and collect a limited franchise fee based on cable operator income or gross revenues.
66.0419(2)(a)
(a) "Affiliate", when used in relation to any person, means another person who owns or controls, is owned or controlled by, or is under common ownership control with such person.
66.0419(2)(b)
(b) "Cable operator" means any person who provides cable service over a cable television system and who:
66.0419(2)(b)1.
1. Directly or through one or more affiliates owns a significant interest in the cable television system; or
66.0419(2)(b)2.
2. Otherwise controls or is responsible for, through any arrangement, the management and operation of the cable television system.
66.0419(2)(c)1.
1. The one-way transmission to subscribers of video programming or of other programming service; and
66.0419(2)(c)2.
2. Subscriber interaction, if any, which is required for the selection of such video programming or other programming service.
66.0419(2)(d)
(d) "Cable television system" means a facility which consists of a set of closed transmission paths and associated signal generation, reception and control equipment designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community. "Cable television system" does not include any of the following:
66.0419(2)(d)1.
1. A facility which serves only to retransmit the television signals of one or more television broadcast stations.
66.0419(2)(d)2.
2. A facility that serves only subscribers in one or more multiunit dwellings under common ownership, control or management unless such facility uses any public right-of-way.
66.0419(2)(d)3.
3. A facility of a common carrier which is subject, in whole or in part, to the provisions of
47 USC 201 to
222, except that the facility is a cable television system to the extent that the facility is used in transmission of video programming directly to subscribers.
66.0419(2)(d)4.
4. Any facility of any electric utility used solely for operating its electric utility system.
66.0419(2)(e)
(e) "Franchise fee" means any fee, assessment or other compensation which a municipality requires a cable operator to pay, with respect to the operation of cable television systems, solely because of the cable operator's status as such, and includes any compensation required under
s. 66.0425.
66.0419(2)(g)
(g) "Other programming service" means information which a cable operator makes available to all subscribers generally.
66.0419(2)(h)
(h) "Video programming" means programming provided by, or generally considered comparable to, programming provided by a television broadcast station.
66.0419(3)
(3) Franchises. A municipality may operate or regulate a cable television system and in such operation and regulation may, without limitation because of enumeration:
66.0419(3)(b)
(b) Grant or revoke one or more franchises authorizing the construction and operation of a cable television system and govern the operation of any franchise granted.
66.0419(3)(c)
(c) Require the payment of franchise fees which, notwithstanding
s. 66.0611, may be based on the income or gross revenues of a cable television system, or measured by such income or gross revenues.
66.0419(3)(d)
(d) Contract for operation of a municipally owned cable television system.
66.0419(3)(e)
(e) Establish rates and regulate services to the extent provided under federal law.
66.0419(4)
(4) Construction. The authority granted under this section to a municipality to operate and regulate a cable television system is in addition to any other power which the municipality has and the authority of a municipality to operate and regulate a cable television system is limited only by the express language of this section.
66.0419(5)(a)(a) A cable operator shall give the municipality that authorized its franchise at least 90 days' advance written notice of the cable operator's intention to transfer ownership or control of a cable television system. During the term of a franchise agreement, a cable operator may not transfer ownership or control of a cable television system without the approval of the municipality that authorized the franchise. A municipality may not withhold approval of an ownership transfer or a transfer of control without good cause. If a hearing is necessary to determine if a transfer may have an adverse effect, a municipality may schedule a hearing to take place within 45 days after the date on which the municipality receives the notice. If a municipality withholds approval of an ownership transfer or a transfer of control, the municipality shall state its objections to the transfer in writing within 60 days after the date on which the municipality receives the notice. Under this paragraph, a transfer of control is presumed to occur if 40% or more of the ownership interest in a cable television system is transferred.
66.0419(5)(am)
(am) If 10% or more of the ownership interest in a cable television system is transferred, the cable operator shall inform the municipality that authorized its franchise of the transfer in writing within 30 days after the date of the transfer.
66.0419(5)(c)
(c) The provisions of this subsection may be varied under a written franchise agreement that is entered into, renewed, extended or modified after May 14, 1992.
66.0419 History
History: 1985 a. 29;
1991 a. 296;
1999 a. 150 s.
241; Stats. 1999 s. 66.0419.
66.0421
66.0421
Access to cable service. 66.0421(2)
(2) Interference prohibited. The owner or manager of a multiunit dwelling under common ownership, control or management or of a mobile home park or the association or board of directors of a condominium may not prevent a cable operator from providing cable service to a subscriber who is a resident of the multiunit dwelling, mobile home park or of the condominium or interfere with a cable operator providing cable service to a subscriber who is a resident of the multiunit dwelling, mobile home park or of the condominium.
66.0421(3)
(3) Installation in multiunit building. Before installation, a cable operator shall consult with the owner or manager of a multiunit dwelling or with the association or board of directors of a condominium to establish the points of attachment to the building and the methods of wiring. A cable operator shall install facilities to provide cable service in a safe and orderly manner and in a manner designed to minimize adverse effects to the aesthetics of the multiunit dwelling or condominium. Facilities installed to provide cable service may not impair public safety, damage fire protection systems or impair fire-resistive construction or components of a multiunit dwelling or condominium.
66.0421(4)
(4) Repair responsibility. A cable operator is responsible for any repairs to a building required because of the construction, installation, disconnection or servicing of facilities to provide cable service.
66.0421 History
History: 1989 a. 143;
1999 a. 9;
1999 a. 150 ss.
252 to
254; Stats. 1999 s. 66.0421.
66.0423
66.0423
Transient merchants. 66.0423(1)(a)
(a) "Sale of merchandise" includes a sale in which the personal services rendered upon or in connection with the merchandise constitutes the greatest part of value for the price received, but does not include a farm auction sale conducted by or for a resident farmer of personal property used on the farm or the sale of produce or other perishable products at retail or wholesale by a resident of this state.
66.0423(1)(b)
(b) "Transient merchant" means a person who engages in the sale of merchandise at any place in this state temporarily and who does not intend to become and does not become a permanent merchant of that place.
66.0423(2)
(2) Cities and villages, and towns not subject to an ordinance enacted under
s. 59.55 (4), may, by ordinance, regulate the retail sales, other than auction sales, made by transient merchants and provide penalties for violations of those ordinances.
66.0423 History
History: 1989 a. 301,
359;
1999 a. 150 ss.
110,
250,
251; Stats. 1999 s. 66.0423.
66.0425
66.0425
Privileges in streets. 66.0425(1)
(1) In this section, "privilege" means the authority to place an obstruction or excavation beyond a lot line, or within a highway in a town, village, or city, other than by general ordinance affecting the whole public.
66.0425(2)
(2) A person may apply to a town or village board or the common council of a city for a privilege. A privilege may be granted if the applicant assumes primary liability for damages to person or property by reason of the granting of the privilege, is obligated to remove an obstruction or excavation upon 10 days' notice by the state or the municipality and waives the right to contest in any manner the validity of this section or the amount of compensation charged. The grantor of the privilege may require the applicant to file a bond that does not exceed $10,000; that runs to the town, village, or city and to 3rd parties that may be injured; and that secures the performance of the conditions specified in this subsection. If there is no established lot line and the application is accompanied by a blue print, the town or village board or the common council of the city may impose any conditions on the privilege that it considers advisable.
66.0425(3)
(3) Compensation for a privilege shall be paid into the general fund and shall be fixed by the governing body of a city, village or town or by the designee of the governing body.
66.0425(4)
(4) The holder of a privilege is not entitled to damages for removal of an obstruction or excavation, and if the holder does not remove the obstruction or excavation upon due notice, it shall be removed at the holder's expense.
66.0425(5)
(5) Third parties whose rights are interfered with by the granting of a privilege have a right of action against the holder of the privilege only.
66.0425(6)
(6) Subsections (1) to
(5) do not apply to telecommunications carriers, as defined in
s. 196.01 (8m), telecommunications utilities, as defined in
s. 196.01 (10), alternative telecommunications utilities, as defined in
s. 196.01 (1d), public service corporations, or to cooperative associations organized under
ch. 185 to render or furnish telecommunications service, gas, light, heat or power, but the carriers, utilities, corporations and associations shall secure a permit from the proper official for temporary obstructions or excavations in a highway and are liable for all injuries to person or property caused by the obstructions or excavations.
66.0425(7)
(7) This section does not apply to an obstruction or excavation that is in place for less than 90 days, and for which a permit has been granted by the proper official.
66.0425(8)
(8) This section applies to an obstruction or excavation by a city, village or town in any street, alley, or public place belonging to any other municipality.
66.0425(9)
(9) Any person who violates this section may be fined not less than $25 nor more than $500 or imprisoned for not less than 10 days nor more than 6 months or both.
66.0425(10)
(10) A privilege may be granted only as provided in this section.
66.0425 History
History: 1985 a. 297;
1991 a. 316;
1993 a. 184,
246;
1997 a. 27;
1999 a. 150 ss.
111,
114; Stats. 1999 s. 66.0425.
66.0425 Annotation
When the plaintiff fell due to a depression in a street enclosed as a temporary sidewalk, the city, not the indemnitor contractor, was primarily liable since the contractor did no excavation in the street nor did its enclosing the street cause the defect. Webster v. Klug & Smith,
81 Wis. 2d 334,
260 N.W.2d 686.
66.0427
66.0427
Open excavations in populous counties. In a town, city or village in a county with a population of 500,000 or more no excavation for building purposes, whether or not completed, may be left open for more than 6 months without proceeding with the erection of a building on the excavation. If an excavation remains open for more than 6 months, the building inspector or other designated officer of the town, village or city shall order that the erection of a building on the excavation begin forthwith or that the excavation be filled to grade. The order shall be served upon the owner of the land or the owner's agent and upon the holder of any encumbrance of record as provided in
s. 66.0413 (1) (d). If the owner of the land fails to comply with the order within 15 days after service of the order upon the owner, the building inspector or other designated officer shall fill the excavation to grade and the cost shall be charged against the real estate as provided in
s. 66.0413 (1) (f).
Section 66.0413 (1) (h) applies to orders issued under this section. This section does not impair the authority of a city or village to enact ordinances in this field.
66.0427 History
History: 1999 a. 150 s.
145.
66.0429
66.0429
Street barriers; neighborhood watch signs. 66.0429(1)(1) The governing body of a city, village or town may set aside streets or roads that are not a part of any federal, state or county trunk highway system for the safety of children in coasting or other play activities, and may obstruct or barricade the streets or roads to safeguard the children from accidents. The governing body of the city, village or town may erect and maintain on the streets or roads barriers or barricades, lights, or warning signs and is not liable for any damage caused by the erection or maintenance.
66.0429(2)
(2) A city or village which has a neighborhood watch program authorized by the law enforcement agency of the city or village and in which the residents of the city or village participate may, in a manner approved by the city council or village board, place within the right-of-way of a street or highway within its limits a neighborhood watch sign of a uniform design approved by the department of transportation. 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.
66.0429(3)(a)(a) The governing body of a city may monitor or limit access to streets that are not part of any federal, state or county trunk highway system or connecting highway, as described in
s. 84.02 (11), for the purposes of security or public safety. The governing body of a city may authorize gates or security stations, or both, to be erected and maintained to monitor traffic or limit access on these streets. The restriction of access to streets that is authorized under this subsection does not affect a city's eligibility for state transportation aids.
66.0429(3)(b)
(b) This subsection applies only to the city of Arcadia.
66.0429 History
History: 1985 a. 194;
1987 a. 205;
1993 a. 113,
246;
1999 a. 150 s.
115; Stats. 1999 s. 66.0429.
66.0431
66.0431
Prohibiting operators from leaving keys in parked motor vehicles. The governing body of a city, village or town may by ordinance require every passenger motor vehicle to be equipped with a lock suitable to lock either the starting lever, throttle, steering apparatus, gear shift lever or ignition system; prohibit any person from permitting a motor vehicle in the person's custody from standing or remaining unattended on any street, road, or alley or in any other public place, except an attended parking area, unless either the starting lever, throttle, steering apparatus, gear shift or ignition of the vehicle is locked and the key for that lock is removed from the vehicle; and provide forfeitures for violations of the ordinance. This section does not apply to motor vehicles operated by common carriers of passengers under
ch. 194.
66.0431 History
History: 1991 a. 316;
1993 a. 246;
1999 a. 150 s.
615; Stats. 1999 s. 66.0431.
66.0433
66.0433
Licenses for nonintoxicating and soda water beverages. 66.0433(1)(a)(a) A town board, village board or common council may grant licenses to persons it considers proper for the sale of beverages containing less than 0.5% of alcohol by volume to be consumed on the premises where sold and to manufacturers, wholesalers, retailers and distributors of these beverages. The fee for a license shall be not less than $5 nor more than $50, to be fixed by the board or council, except that where these beverages are sold for consumption off the premises the license fee shall be $5. The license shall be issued by the town, village or city clerk, shall designate the specific premises for which granted and shall expire the next June 30 after issuance. The full license fee shall be charged for the whole or a fraction of the year. No beverages described in this paragraph may be manufactured, sold at wholesale or retail or sold for consumption on the premises, or kept for sale at wholesale or retail or for consumption on the premises where sold, without a license issued under this paragraph.
66.0433(1)(am)
(am) If a place of business moves from the premises designated in the license to another location in the town, village or city within the license period, the licensee shall give notice of the change of location, and the license shall be amended accordingly without payment of an additional fee. A license is not transferable from one person to another.
66.0433(1)(b)
(b) No license or permit may be granted to any person, unless to a domestic corporation or domestic limited liability company, not a resident of this state and of the town, village or city in which the license is applied for, nor, subject to
ss. 111.321,
111.322 and
111.335, to any person who has been convicted of a felony, unless the person has been restored to civil rights.
66.0433(1)(c)
(c) A town board, village board or common council may by resolution or ordinance adopt reasonable and necessary regulations regarding the location of licensed premises, the conduct of the licensed premises, the sale of beverages containing less than 0.5% of alcohol by volume and the revocation of any license.
66.0433(2)
(2) Soda water beverages. A town board, village board or common council of any city may grant licenses to persons it considers proper for the sale of soda water beverages, as defined in
s. 97.34, to be consumed on or off the premises where sold. A license fee shall be fixed by the governing body of the city, village or town but shall not exceed $5. The license shall be issued by the town, city or village clerk, shall designate the specific premises for which granted and shall expire on the next June 30 after issuance. The governing body may by resolution or ordinance adopt reasonable and necessary regulations regarding the location of licensed premises, the conduct of the licensed premises and the revocation of any license.
66.0433 History
History: 1977 c. 125;
1981 c. 334 s.
25 (1);
1981 c. 380,
391;
1993 a. 112;
1999 a. 150 s.
156; Stats. 1999 s. 66.0433.
66.0435(1)(a)
(a) "Dependent mobile home" means a mobile home which does not have complete bathroom facilities.
66.0435(1)(b)
(b) "Licensee" means any person licensed to operate and maintain a mobile home park under this section.
66.0435(1)(c)
(c) "Licensing authority" means the city, town or village wherein a mobile home park is located.
66.0435(1)(d)
(d) "Mobile home" is that which is, or was as originally constructed, designed to be transported by any motor vehicle upon a public highway and designed, equipped and used primarily for sleeping, eating and living quarters, or is intended to be so used; and includes any additions, attachments, annexes, foundations and appurtenances.
66.0435(1)(e)
(e) "Mobile home park" means any plot or plots of ground upon which 2 or more units, occupied for dwelling or sleeping purposes are located, regardless of whether a charge is made for the accommodation.
66.0435(1)(f)
(f) "Nondependent mobile home" means a mobile home equipped with complete bath and toilet facilities, all furniture, cooking, heating, appliances and complete year round facilities.
66.0435(1)(h)
(h) "Person" means any natural individual, firm, trust, partnership, association, corporation or limited liability company.
66.0435(1)(i)
(i) "Space" means a plot of ground within a mobile home park, designed for the accommodation of one mobile home unit.
