66.0413 Annotation
A constructive total loss occurs following the issuance of a raze order. However, there is no requirement on the city to prove that the property was a total loss prior to issuance of a raze order under an ordinance adopted under sub. (4). A&A Enterprises v. City of Milwaukee,
2008 WI App 43,
308 Wis. 2d 479,
747 N.W.2d 751,
07-0300.
66.0413 Annotation
The phrase “out of repair” in sub. (1) (b) 1. is simple and capable of a common understanding. A building inspector's interpretation of “out of repair” to mean that some aspect of the building required fixing or that the building was non-compliant with the relevant housing codes was a common-sense definition. A building can be “out of repair” for any of a number of reasons, including a sudden fire or rapid exposure to some other damaging condition or element. The phrase connotes no sense that the condition rendering the building “out of repair” has existed for any particular length of time. Auto-Owners Insurance Company v. City of Appleton,
2017 WI App 62,
378 Wis. 2d 155,
902 N.W.2d 532,
16-1227.
66.0413 Annotation
There is no basis in this section for a for a rule that smoke and water damage remediation are not part of the “cost of repair” of a fire. “Cost of repairs” under sub. (1) (c) is not defined, but logically it refers to the cost to remedy all conditions that render the building deficient under sub. (1) (b) 1., including not only those that render the building “out of repair,” but also those that affect the suitability of the building for human habitation. Auto-Owners Insurance Company v. City of Appleton,
2017 WI App 62,
378 Wis. 2d 155,
902 N.W.2d 532,
16-1227.
66.0413 Annotation
There was no constitutional “taking" when tenants were ordered to temporarily vacate their uninhabitable dwelling to permit repairs pursuant to the housing code. Devines v. Maier,
728 F.2d 876 (1984).
66.0415
66.0415
Offensive industry. 66.0415(1)(1)
The common council of a city or village board may direct the location, management and construction of, and license, regulate or prohibit, any industry, thing or place where any nauseous, offensive or unwholesome business is carried on, that is within the city or village or within 4 miles of the boundaries of the city or village, except that the Milwaukee, Menominee and Kinnickinnic rivers with their branches to the outer limits of the county of Milwaukee, and all canals connecting with these rivers, together with the lands adjacent to these rivers and canals or within 100 yards of them, are within the jurisdiction of the city of Milwaukee. A town board has the same powers as are provided in this section for cities and villages as to the area within the town that is not licensed, regulated or prohibited by a city or village under this section. A business that is conducted in violation of a city, village or town ordinance that is authorized under this section is a public nuisance. An action for the abatement or removal of the business or an injunction to prevent operation of the business may be brought and maintained by the common council or village or town board in the name of this state on the relation of the city, village or town as provided in ss.
823.01,
823.02 and
823.07, or as provided in s.
254.58. Section
97.42 does not limit the powers granted by this section. Section
95.72 does not limit the powers granted by this section to cities or villages but powers granted to towns by this section are limited by s.
95.72 and by any orders and rules promulgated under s.
95.72.
66.0415(2)
(2) To prevent nuisance, a city or village may, subject to the approval of the appropriate town board, by ordinance enact reasonable regulations governing areas where refuse, rubbish, ashes or garbage are dumped or accumulated in a town within one mile of the corporate limits of the city or village.
66.0415 History
History: 1973 c. 206; Sup. Ct. Order, 67 Wis. 2d 585, 774 (1975);
1993 a. 27;
1999 a. 150 s.
155; Stats. 1999 s. 66.0415.
66.0415 Annotation
The social and economic roots of judge-made air pollution policy in Wisconsin. Laitos, 58 MLR 465.
66.0417
66.0417
Local enforcement of certain food and health regulations. 66.0417(1)(1)
An employee or agent of a local health department designated by the department of agriculture, trade and consumer protection under s.
97.41 or
97.615 (2) may enter, at reasonable hours, any premises for which the local health department issues a license under s.
97.41 or
97.615 (2) to inspect the premises, secure samples or specimens, examine and copy relevant documents and records, or obtain photographic or other evidence needed to enforce ch.
97, relating to those premises. If samples of food are taken, the local health department shall pay or offer to pay the market value of those samples. The local health department or department of agriculture, trade and consumer protection shall examine the samples and specimens secured and shall conduct other inspections and examinations needed to determine whether there is a violation of ch.
97, rules adopted by the department under those statutes, ordinances adopted by the village, city or county or regulations adopted by the local board of health under s.
97.41 (7) or
97.615.
66.0417(2)(a)(a) Whenever, as a result of an examination, a village, city or county has reasonable cause to believe that any examined food constitutes, or that any construction, sanitary condition, operation or method of operation of the premises or equipment used on the premises creates an immediate danger to health, the administrator of the village, city or county agency responsible for the village's, city's or county's agent functions under s.
97.41 or
97.615 (2) may issue a temporary order and cause it to be delivered to the licensee, or to the owner or custodian of the food, or to both. The order may prohibit the sale or movement of the food for any purpose, prohibit the continued operation or method of operation of specific equipment, require the premises to cease any other operation or method of operation which creates the immediate danger to health, or set forth any combination of these requirements. The administrator may order the cessation of all operations authorized by the license only if a more limited order does not remove the immediate danger to health. Except as provided in par.
(c), no temporary order is effective for longer than 14 days from the time of its delivery, but a temporary order may be reissued for one additional 14-day period, if necessary to complete the analysis or examination of samples, specimens or other evidence.
66.0417(2)(b)
(b) No food described in a temporary order issued and delivered under par.
(a) may be sold or moved and no operation or method of operation prohibited by the temporary order may be resumed without the approval of the village, city or county, until the order has terminated or the time period specified in par.
(a) has run out, whichever occurs first. If the village, city or county, upon completed analysis and examination, determines that the food, construction, sanitary condition, operation or method of operation of the premises or equipment does not constitute an immediate danger to health, the licensee, owner, or custodian of the food or premises shall be promptly notified in writing and the temporary order shall terminate upon his or her receipt of the written notice.
66.0417(2)(c)
(c) If the analysis or examination shows that the food, construction, sanitary condition, operation or method of operation of the premises or equipment constitutes an immediate danger to health, the licensee, owner, or custodian shall be notified within the effective period of the temporary order issued under par.
(a). Upon receipt of the notice, the temporary order remains in effect until a final decision is issued under sub.
(3), and no food described in the temporary order may be sold or moved and no operation or method of operation prohibited by the order may be resumed without the approval of the village, city or county.
66.0417(3)
(3) A notice issued under sub.
(2) (c) shall be accompanied by notice of a hearing as provided in s.
68.11 (1). The village, city or county shall hold a hearing no later than 15 days after the service of the notice, unless both parties agree to a later date. Notwithstanding s.
68.12, a final decision shall be issued under s.
68.12 within 10 days of the hearing. The decision may order the destruction of food, the diversion of food to uses which do not pose a danger to health, the modification of food so that it does not create a danger to health, changes to or replacement of equipment or construction, other changes in or cessations of any operation or method of operation of the equipment or premises, or any combination of these actions necessary to remove the danger to health. The decision may order the cessation of all operations authorized by the license only if a more limited order will not remove the immediate danger to health.
66.0417(4)
(4) A proceeding under this section, or the issuance of a license for the premises after notification of procedures under this section, does not constitute a waiver by the village, city or county of its authority to rely on a violation of ch.
97 or any rule adopted under those statutes as the basis for any subsequent suspension or revocation of the license or any other enforcement action arising out of the violation.
66.0417(5)(a)(a) Except as provided in par.
(b), any person who violates this section or an order issued under this section may be fined not more than $10,000 plus the retail value of any food moved, sold or disposed of in violation of this section or the order, or imprisoned not more than one year in the county jail, or both.
66.0417(5)(b)
(b) Any person who does either of the following may be fined not more than $5,000 or imprisoned not more than one year in a county jail, or both:
66.0417(5)(b)1.
1. Assaults, restrains, threatens, intimidates, impedes, interferes with or otherwise obstructs a village, city or county inspector, employee or agent in the performance of his or her duties under this section.
66.0417(5)(b)2.
2. Gives false information to a village, city or county inspector, employee or agent engaged in the performance of his or her duties under this section, with the intent to mislead the inspector, employee or agent.
66.0418
66.0418
Prohibition of local regulation of certain foods, beverages. 66.0418(1)(1)
In this section “political subdivision" means a city, village, town, or county.
66.0418(2)(a)(a) No political subdivision may enact an ordinance or adopt a resolution that prohibits or restricts the sale of food or nonalcoholic beverages based on the number of calories, portion size, or other nutritional criteria of the food or nonalcoholic beverage.
66.0418(2)(b)
(b) If a political subdivision has enacted an ordinance or adopted a resolution before July 2, 2013, that is inconsistent with par.
(a), the ordinance or resolution does not apply and may not be enforced.
66.0418 History
History: 2013 a. 20; s. 35.17 correction in (2) (b).
66.0419
66.0419
Local regulation of auxiliary containers. 66.0419(1)(a)
(a) “Auxiliary container" means a bag, cup, bottle, can, or other packaging that is designed to be reusable or single-use; that is made of cloth, paper, plastic, cardboard, corrugated material, aluminum, glass, postconsumer recycled material, or similar material or substrates, including coated, laminated, or multi-layer substrates; and that is designed for transporting or protecting merchandise, food, or beverages from a food service or retail facility.
66.0419(1)(b)
(b) “Political subdivision" means a city, village, town, or county.
66.0419(2)
(2) No political subdivision may do any of the following:
66.0419(2)(a)
(a) Enact or enforce an ordinance or adopt or enforce a resolution regulating the use, disposition, or sale of auxiliary containers.
66.0419(2)(c)
(c) Impose a fee, charge, or surcharge on auxiliary containers.
66.0419(3)(a)(a) This section does not limit the authority of a political subdivision in operating a curbside recycling or commercial recycling program or an effective recycling program under s.
287.11 or in designating a recycling location.
66.0419(3)(b)
(b) Subsection
(2) (b) and
(c) does not apply to the use of auxiliary containers on a property owned by the political subdivision.
66.0419 History
History: 2015 a. 302.
66.0420(1)(1)
Legislative findings. The legislature finds all of the following:
66.0420(1)(a)
(a) Video service brings important daily benefits to state residents by providing news, education, and entertainment.
66.0420(1)(b)
(b) Uniform regulation of all video service providers by this state is necessary to ensure that state residents receive adequate and efficient video service and to protect and promote the public health, safety, and welfare.
66.0420(1)(c)
(c) Fair competition in the provision of video service will result in new and more video programming choices for consumers in this state, and a number of providers have stated their desire to provide that service.
66.0420(1)(d)
(d) Timely entry into the market is critical for new entrants seeking to compete with existing providers.
66.0420(1)(e)
(e) This state's economy would be enhanced by additional investment in communications and video programming infrastructure by existing and new providers of video service.
66.0420(1)(f)
(f) Minimal regulation of all providers of video service within a uniform framework will promote the investment described in par.
(e).
66.0420(1)(g)
(g) Ensuring that existing providers of video service are subject to the same regulatory requirements and procedures as new entrants will ensure fair competition among all providers.
66.0420(1)(h)
(h) This section is an enactment of statewide concern for the purpose of providing uniform regulation of video service that promotes investment in communications and video infrastructures and the continued development of this state's video service marketplace within a framework that is fair and equitable to all providers.
66.0420(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 or control with such person.
66.0420(2)(b)
(b) “Basic local exchange service area" means the area on file with the public service commission in which a telecommunications video service provider provides basic local exchange service, as defined in s.
196.01 (1g).
66.0420(2)(g)
(g) Except as provided in sub.
(8) (ag), “department" means the department of financial institutions.
66.0420(2)(h)
(h) “FCC" means the federal communications commission.
66.0420(2)(j)1.1. “Gross receipts" means all revenues received by and paid to a video service provider by subscribers residing within a municipality for video service, or received from advertisers, including all of the following:
66.0420(2)(j)1.b.
b. Event-based charges for video service, including pay-per-view and video-on-demand charges.
66.0420(2)(j)1.d.
d. Service charges related to the provision of video service, including activation, installation, repair, and maintenance charges.
66.0420(2)(j)1.e.
e. Administrative charges related to the provision of video service, including service order and service termination charges.
66.0420(2)(j)1.f.
f. Revenues received from the provision of home shopping or similar programming.
66.0420(2)(j)1.g.
g. All revenue, except for refunds, rebates, and discounts, derived by the video service provider for advertising over its video service network to subscribers within a municipality. If such revenue is derived under a regional or national compensation contract or arrangement between the video service provider and one or more advertisers or advertising representatives, the amount of revenue derived for a municipality shall be determined by multiplying the total revenue derived under the contract or arrangement by the percentage resulting from dividing the number of subscribers in the municipality by the total number of regional or national subscribers that potentially receive the advertising under the contract or arrangement.
66.0420(2)(j)2.
2. Notwithstanding subd.
1., “gross receipts" does not include any of the following:
66.0420(2)(j)2.a.
a. Discounts, refunds, and other price adjustments that reduce the amount of compensation received by a video service provider.
66.0420(2)(j)2.b.
b. Uncollectible fees, except that any uncollectible fees that are written off as bad debt but subsequently collected shall be included as gross receipts in the period collected, less the expenses of collection.
66.0420(2)(j)2.e.
e. Amounts billed to video service subscribers to recover taxes, fees, surcharges or assessments of general applicability or otherwise collected by a video service provider from video service subscribers for pass through to any federal, state, or local government agency, including video service provider fees and regulatory fees paid to the FCC under
47 USC 159.
66.0420(2)(j)2.f.
f. Revenue from the sale of capital assets or surplus equipment not used by the purchaser to receive video service from the seller of those assets or surplus equipment.
66.0420(2)(j)2.g.
g. Charges, other than those described in subd.
1., that are aggregated or bundled with amounts described in subd.
1., including but not limited to any revenues received by a video service provider or its affiliates for telecommunications services, information services, or the provision of directory or Internet advertising, including yellow pages, white pages, banner advertisement, and electronic publishing, if a video service provider can reasonably identify such charges on books and records kept in the regular course of business or by other reasonable means.
66.0420(2)(j)2.h.
h. Reimbursement by programmers of marketing costs actually incurred by a video service provider.
66.0420(2)(k)
(k) “Household" means a house, apartment, mobile home, group of rooms, or single room that is intended for occupancy as separate living quarters. For purposes of this paragraph, “separate living quarters" are those in which the occupants live and eat separately from any other persons in the building and which have direct access from the outside of the building or through a common hall.
66.0420(2)(L)
(L) “Incumbent cable operator" means a person who, immediately before January 9, 2008, was providing cable service under a cable franchise, expired cable franchise, or cable franchise extension, or under an ordinance or resolution adopted or enacted by a municipality.
66.0420(2)(m)
(m) “Institutional network" means a network that connects governmental, educational, and community institutions.
66.0420(2)(n)
(n) “Interim cable operator" means an incumbent cable operator that elects to continue to provide cable service under a cable franchise as specified in sub.
(3) (b) 2. a. 66.0420(2)(p)
(p) “Large telecommunications video service provider" means a telecommunications video service provider that, on January 1, 2007, had more than 500,000 basic local exchange access lines in this state or an affiliate of such a telecommunication video service provider.
66.0420(2)(s)
(s) “PEG channel" means a channel designated for public, educational, or governmental use.
66.0420(2)(sm)
(sm) “Qualified cable operator" means any of the following:
66.0420(2)(sm)1.
1. A cable operator that has been providing cable service in this state for at least 3 years prior to applying for a video service franchise and that has never had a cable franchise revoked by a municipality.
66.0420(2)(sm)3.
3. A cable operator that, on the date that it applies for a video service franchise, individually or together with its affiliates or parent company, is one of the 10 largest cable operators in the United States as determined by data collected and reported by the FCC or determined by information available to the public through a national trade association representing cable operators.
