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.
66.0435(2)
(2) Granting, revoking or suspending license. 66.0435(2)(a)(a) It is unlawful for any person to maintain or operate a mobile home park within the limits of a city, town or village, unless the person has received a license from the city, town or village.
66.0435(2)(b)
(b) In order to protect and promote the public health, morals and welfare and to equitably defray the cost of municipal and educational services required by persons and families using or occupying trailers, mobile homes, trailer camps or mobile home parks for living, dwelling or sleeping purposes, a city council, village board and town board may do any of the following:
66.0435(2)(b)1.
1. Establish and enforce by ordinance reasonable standards and regulations for every trailer and trailer camp and every mobile home and mobile home park.
66.0435(2)(b)2.
2. Require an annual license fee to operate a trailer and trailer camp or mobile home and mobile home park and levy and collect special assessments to defray the cost of municipal and educational services furnished to the trailer and trailer camp, or mobile home and mobile home park.
66.0435(2)(b)3.
3. Limit the number of units, trailers or mobile homes that may be parked or kept in any one camp or park.
66.0435(2)(b)4.
4. Limit the number of licenses for trailer camps or parks in any common school district, if the mobile housing development would cause the school costs to increase above the state average or if an exceedingly difficult or impossible situation exists with regard to providing adequate and proper sewage disposal in the particular area.
66.0435(2)(c)
(c) In a town in which the town board enacts an ordinance regulating trailers under this section and has also enacted and approved a county zoning ordinance under the provisions of
s. 59.69, the provisions of the ordinance which is most restrictive apply with respect to the establishment and operation of a trailer camp in the town.
66.0435(2)(d)
(d) A license granted under this section is subject to revocation or suspension for cause by the licensing authority that issued the license upon complaint filed with the clerk of the licensing authority, if the complaint is signed by a law enforcement officer, local health officer, as defined in
s. 250.01 (5), or building inspector, after a public hearing upon the complaint. The holder of the license shall be given 10 days' written notice of the hearing, and is entitled to appear and be heard as to why the license should not be revoked. A holder of a license that is revoked or suspended by the licensing authority may within 20 days of the date of the revocation or suspension appeal the decision to the circuit court of the county in which the trailer camp or mobile home park is located by filing a written notice of appeal with the clerk of the licensing authority, together with a bond executed to the licensing authority, in the sum of $500 with 2 sureties or a bonding company approved by the clerk, conditioned for the faithful prosecution of the appeal and the payment of costs adjudged against the license holder.
66.0435(3)
(3) License and monthly mobile home fee; review. 66.0435(3)(a)(a) The licensing authority shall collect from the licensee an annual license fee of not less than $25 nor more than $100 for each 50 spaces or fraction of 50 spaces within each mobile home park within its limits. If the park lies in more than one municipality the amount of the license fee shall be determined by multiplying the gross fee by a fraction the numerator of which is the number of spaces in the park in a municipality and the denominator of which is the entire number of spaces in the park.
66.0435(3)(b)
(b) The licensing authority may collect a fee of $10 for each transfer of a license.
66.0435(3)(c)1.1. In addition to the license fee provided in
pars. (a) and
(b), each licensing authority shall collect from each mobile home occupying space or lots in a park in the licensing authority, except from mobile homes that constitute improvements to real property under
s. 70.043 (1) and from recreational mobile homes and camping trailers as defined in
s. 70.111 (19), a monthly parking permit fee computed as follows:
66.0435(3)(c)1.a.
a. On January 1, the assessor shall determine the total fair market value of each mobile home in the taxation district subject to the monthly parking permit fee.
66.0435(3)(c)1.b.
b. The fair market value, determined under
subd. 1. a., minus the tax-exempt household furnishings thus established, shall be equated to the general level of assessment for the prior year on other real and personal property in the district.
66.0435(3)(c)1.c.
c. The value of each mobile home, determined under
subd. 1. b., shall be multiplied by the general property gross tax rate, less any credit rate for the property tax relief credit, established on the preceding year's assessment of general property.
66.0435(3)(c)1.d.
d. The total annual parking permit fee, computed under
subd. 1. c., shall be divided by 12 and shall represent the monthly mobile home parking permit fee.
66.0435(3)(c)2.
2. The monthly parking permit fee is applicable to mobile homes moving into the tax district any time during the year. The park operator shall furnish information to the tax district clerk and the assessor on mobile homes added to the park within 5 days after their arrival, on forms prescribed by the department of revenue. As soon as the assessor receives the notice of an addition of a mobile home to a park, the assessor shall determine its fair market value and notify the clerk of that determination. The clerk shall equate the fair market value established by the assessor and shall apply the appropriate tax rate, divide the annual parking permit fee thus determined by 12 and notify the mobile home owner of the monthly fee to be collected from the mobile home owner. Liability for payment of the fee begins on the first day of the next succeeding month and continues for the months in which the mobile home remains in the tax district.
66.0435(3)(c)3.
3. A new monthly parking permit fee and a new valuation shall be established each January and shall continue for that calendar year.
66.0435(3)(c)4.
4. The valuation established is subject to review as are other values established under
ch. 70. If the board of review reduces a valuation on which previous monthly payments have been made the tax district shall refund past excess fee payments.
66.0435(3)(c)5.
5. The monthly parking permit fee shall be paid by the mobile home owner to the local taxing authority on or before the 10th of the month following the month for which the parking permit fee is due.
66.0435(3)(c)6.
6. The licensee of a park is liable for the monthly parking permit fee for any mobile home occupying space in the park as well as the owner and occupant of the mobile home occupying space. A municipality, by ordinance, may require the mobile home park operator to collect the monthly parking permit fee from the mobile home owner.
66.0435(3)(c)7.
7. No monthly parking permit fee may be imposed for any space occupied by a mobile home accompanied by an automobile for an accumulating period not to exceed 60 days in any 12 months if the occupants of the mobile home are tourists or vacationists. Exemption certificates in duplicate shall be accepted by the treasurer of the licensing authority from qualified tourists or vacationists in lieu of monthly mobile home parking permit fees.
66.0435(3)(c)8.
8. The credit under
s. 79.10 (9) (bm), as it applies to the principal dwelling on a parcel of taxable property, applies to the estimated fair market value of a mobile home that is the principal dwelling of the owner. The owner of the mobile home shall file a claim for the credit with the treasurer of the municipality in which the property is located. To obtain the credit under
s. 79.10 (9) (bm), the owner shall attest on the claim that the mobile home is the owner's principal dwelling. The treasurer shall reduce the owner's parking permit fee by the amount of any allowable credit. The treasurer shall furnish notice of all claims for credits filed under this subdivision to the department of revenue as provided under
s. 79.10 (1m).
66.0435(3)(d)
(d) This section does not apply to a mobile home park that is owned and operated by any county under the provisions of
s. 59.52 (16) (b).
66.0435(3)(e)
(e) If a mobile home is permitted by local ordinance to be located outside of a licensed park, the monthly parking permit fee shall be paid by the owner of the land on which it stands, and the owner of the land shall comply with the reporting requirements of
par. (c). The owner of the land may collect the fee from the owner of the mobile home and, on or before January 10 and on or before July 10, shall transmit to the taxation district all fees owed for the 6 months ending on the last day of the month preceding the month when the transmission is required.
66.0435(3)(f)
(f) Nothing in this subsection prohibits the regulation by local ordinance of a mobile home park.
66.0435(3)(g)
(g) Failure to timely pay the tax prescribed in this subsection shall be treated as a default in payment of personal property tax and is subject to all procedures and penalties applicable under
chs. 70 and
74.
66.0435(3)(h)
(h) Each local governing body may enact an ordinance providing a forfeiture of up to $25 for failure to comply with the reporting requirements of
par. (c) or
(e). Each failure to report is a separate offense.
66.0435(3m)
(3m) Park operator reimbursement. A park operator who is required by municipal ordinance to collect the monthly parking permit fee from the mobile home owner may deduct, for administrative expenses, 2% of the monthly fees collected.
66.0435(4)
(4) Application for license. Original application for mobile home park license shall be filed with the clerk of the licensing authority. Applications shall be in writing, signed by the applicant and shall contain the following:
66.0435(4)(b)
(b) The location and legal description of the mobile home park.
66.0435(5)
(5) Plans and specifications to be filed. Plans and specifications in compliance with all applicable ordinances of the licensing authority and provisions of the department of health and family services shall be filed with an original application for a mobile home park. The clerk, after approval of the application by the licensing authority and upon completion of the work according to the plans, shall issue the license. A mobile housing development harboring only nondependent mobile homes as defined in
sub. (1) (f) is not required to provide a service building.
66.0435(6)
(6) Renewal of license. Upon application by any licensee, after approval by the licensing authority and upon payment of the annual license fee, the clerk of the licensing authority shall issue a certificate renewing the license for another year, unless sooner revoked. The application for renewal shall be in writing, signed by the applicant on forms furnished by the licensing authority.
66.0435(7)
(7) Transfer of license; fee. Upon application for a transfer of license the clerk of the licensing authority, after approval of the application by the licensing authority, shall issue a transfer upon payment of the required $10 fee.
66.0435(8)
(8) Distribution of fees. The licensing authority may retain 10% of the monthly parking permit fees collected in each month, without reduction for any amounts deducted under
sub. (3m), to cover the cost of administration. The licensing authority shall pay to the school district in which the park is located, within 20 days after the end of each month, such proportion of the remainder of the fees collected in the preceding month as the ratio of the most recent property tax levy for school purposes bears to the total tax levy for all purposes in the licensing authority. If the park is located in more than one school district, each district shall receive a share in the proportion that its property tax levy for school purposes bears to the total school tax levy.
66.0435(9)
(9) Municipalities; parking fees on mobile homes. A licensing authority may assess parking fees at the rates under this section on mobile homes, as defined in
s. 70.111 (19) except mobile homes which are located in campgrounds licensed under
s. 254.47 and mobile homes which are located on land where the principal residence of the owner of the mobile home is located, regardless of whether the mobile home is occupied during all or part of any calendar year.
66.0435(10)
(10) The powers conferred on licensing authorities by this section are in addition to all other grants of authority and are limited only by the express language of this section.
66.0435 History
History: 1999 a. 5;
1999 a. 150 ss.
112,
158 to
161; Stats. 1999 s. 66.0435.
66.0435 Annotation
A license issued without prior approval of park plans is void and the owner cannot complain if it is revoked. A mobile home park zoning ordinance adopted without compliance with the notice of hearing requirements of s. 60.74 (2), 1981 stats. [now 60.61 (4)] is void. Edelbeck v. Town of Theresa,
57 Wis. 2d 172,
203 N.W.2d 694.
66.0435 Annotation
The time for appeal under sub. (2) (d) begins on the date of the action revoking the license, not on the effective date of the revocation. Reusch v. City of Baraboo,
85 Wis. 2d 294,
270 N.W.2d 229 (1978).
66.0435 Annotation
A state university is not subject to local licensing in the operation of a university mobile home park. 60 Atty. Gen. 7.
66.0435 Annotation
A town cannot have a more restrictive ordinance regulating use and location of mobile homes outside of mobile home parks than the county. 60 Atty. Gen. 131.
66.0435 Annotation
A town board that has given conditional approval to plans for a mobile home park has power to alter conditions as long as it acts reasonably. Molgaard v. Town of Caledonia,
527 F. Supp. 1073 (1981).
