66.0422(1)(b)
(b) "Local government" means a city, village, or town.
66.0422(2)
(2) Except as provided in
subs. (3),
(3d),
(3m), and
(3n), no local government may enact an ordinance or adopt a resolution authorizing the local government to construct, own, or operate any facility for providing cable service, telecommunications service, or broadband service, directly or indirectly, to the public, unless all of the following are satisfied:
66.0422(2)(a)
(a) The local government holds a public hearing on the proposed ordinance or resolution.
66.0422(2)(b)
(b) Notice of the public hearing is given by publication of a class 3 notice under
ch. 985 in the area affected by the proposed ordinance or resolution.
66.0422(2)(c)
(c) No less than 30 days before the public hearing, the local government prepares and makes available for public inspection a report estimating the total costs of, and revenues derived from, constructing, owning, or operating the facility and including a cost-benefit analysis of the facility for a period of at least 3 years. The costs that are subject to this paragraph include personnel costs and costs of acquiring, installing, maintaining, repairing, or operating any plant or equipment, and include an appropriate allocated portion of costs of personnel, plant, or equipment that are used to provide jointly both telecommunications services and other services.
66.0422(3)
(3) Subsection (2) does not apply to a local government if all of the following conditions apply:
66.0422(3)(a)
(a) On November 1, 2003, the public service commission has determined that the local government is an alternative telecommunications utility under
s. 196.203.
66.0422(3)(b)
(b) A majority of the governing board of the local government votes to submit the question of supporting the operation of the facility for providing cable service, telecommunications service, or Internet access service, directly or indirectly to the public, by the local government to the electors in an advisory referendum and a majority of the voters in the local government voting at the advisory referendum vote to support operation of such a facility by the local government.
66.0422(3d)
(3d) Subsection (2) does not apply to a facility for providing broadband service to an area within the boundaries of a local government if any of the following are satisfied:
66.0422(3d)(a)
(a) The local government asks, in writing, each person that provides broadband service within the boundaries of the local government whether the person currently provides broadband service to the area or intends to provide broadband service within 9 months to the area and within 60 days after receiving the written request no person responds in writing to the local government that the person currently provides broadband service to the area or intends to provide broadband service to the area within 9 months.
66.0422(3d)(b)
(b) The local government determines that a person who responded to a written request under
par. (a) that the person currently provides broadband service to the area did not actually provide broadband service to the area and no other person makes the response to the local government described in
par. (a).
66.0422(3d)(c)
(c) The local government determines that a person who responded to a written request under
par. (a) that the person intended to provide broadband service to the area within 9 months did not actually provide broadband service to the area within 9 months and no other person makes the response to the local government described in
par. (a).
66.0422(3m)
(3m) Subsection (2) does not apply to a facility for providing broadband service if all of the following apply:
66.0422(3m)(a)
(a) The municipality offers use of the facility on a nondiscriminatory basis to persons who provide broadband service to end users of the service.
66.0422(3m)(b)
(b) The municipality itself does not use the facility to provide broadband service to end users.
66.0422(3m)(c)
(c) The municipality determines that, at the time that the municipality authorizes the construction, ownership, or operation of the facility, whichever occurs first, the facility does not compete with more than one provider of broadband service.
66.0422(3n)
(3n) Subsection (2) does not apply to a local government that, on March 1, 2004, was providing cable service to the public.
66.0422(4)
(4) Notwithstanding
sub. (2), a local government may enact an ordinance or adopt a resolution authorizing the local government to prepare a report specified in
sub. (2) (c).
66.0422(5)
(5) If a local government enacts an ordinance or adopts a resolution that complies with the requirements of
sub. (2), the local government must determine the cost incurred in preparing the report specified in
sub. (2) (c). As soon as practicable after the local government generates revenue from a facility specified in
sub. (2) (intro.), the local government shall use the revenues to reimburse the treasury of the local government for the cost determined under this subsection.
66.0422 History
History: 2003 a. 278,
327.
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 cooperatives organized under
ch. 185 to render or furnish gas, light, heat, or power, or to cooperatives organized under
ch. 185 or
193 to render or furnish telecommunications service, 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 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 and its enclosing of the street did not cause the defect. Webster v. Klug & Smith,
81 Wis. 2d 334,
260 N.W.2d 686 (1978).
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)(hm)
(hm) "Recreational mobile home" means a mobile home that is no larger than 400 square feet, or that is certified by the manufacturer as complying with the code promulgated by the American National Standards Institute as ANSI 119.5, and that is used primarily as temporary living quarters for recreational, camping, travel, or seasonal purposes.
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 recreational mobile homes as provided under
par. (cm), mobile homes that constitute improvements to real property under
s. 70.043 (1), and camping trailers as defined in
s. 340.01 (6m), 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.
