66.0435 Cross-reference
Cross-reference: See also ch.
ATCP 125, Wis. adm. code.
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) [now s. 60.61 (4)] is void. Edelbeck v. Town of Theresa,
57 Wis. 2d 172,
203 N.W.2d 694 (1973).
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 town had authority outside this section to require a building permit for a mobile home located outside a mobile home park and that the mobile home be connected to a well and septic system. Town of Clearfield v. Cushman,
150 Wis. 2d 10,
440 N.W.2d 777 (1989).
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).
66.0436
66.0436
Certificates of food protection practices for restaurants. 66.0436(2)
(2) No city, village, town, or county may enact an ordinance requiring a restaurant, a person who holds a license for a restaurant, or a person who conducts, maintains, manages, or operates a restaurant to satisfy a requirement related to the issuance or possession of a certificate of food protection practices that is not found under s.
97.33.
66.0436(3)(a)(a) Except as provided in par.
(b), if a city, village, town, or county has in effect on January 1, 2015, an ordinance that the city, village, town, or county is prohibited from enacting under sub.
(2), the ordinance does not apply and may not be enforced.
66.0436(3)(b)
(b) Paragraph
(a) does not apply to an ordinance of a 1st class city that was in effect on March 20, 2014.
66.0436 History
History: 2013 a. 292;
2015 a. 55.
66.0437
66.0437
Drug disposal programs. 66.0437(2)
(2) A political subdivision may operate or authorize a person to operate a drug disposal program as provided under s.
165.65 (3).
66.0437 History
History: 2013 a. 198.
66.0438
66.0438
Limitations on locally issued identification cards. 66.0438(1)(1)
Definition. In this section, “public assistance benefits" means services, benefits, payments, or other assistance provided under a program administered by the department of health services or the department of children and families under s.
253.06 or ch.
49.
66.0438(2)(a)(a) Except as provided in par.
(b), no town or county may issue, or expend any funds for the issuance of, a photo identification card for any resident of the town or county.
66.0438(2)(b)
(b) Notwithstanding par.
(a), a town or county may issue, or expend funds for the issuance of, a photo identification card to any of the following individuals or for any of the following purposes:
66.0438(2)(b)1.
1. An employee or elected official of the town or county, if the photo identification card relates to the employee's or official's job duties.
66.0438(2)(b)2.
2. An employee of a vendor or contractor that contracts with the town or county, or an employee of a subcontractor that contracts with such a vendor or contractor, if the photo identification card relates to the employee's job duties for the town or county.
66.0438(2)(b)3.
3. To use a transit system owned or operated by the town or county.
66.0438(2)(b)4.
4. To use or access services or facilities owned by the town or county.
66.0438(2)(b)5.
5. An employee of, or a student who is attending, an institution of higher education that contracts with the town or county, if the photo identification card relates to the employee's or student's job duties for the town or county.
66.0438(2)(c)
(c) If a town or county has issued an identification card, other than a card described in par.
(b), that has been used before April 27, 2016, as an identification document to establish proof of residence under s.
6.34 (3) (a) 3., that card is not valid for such purposes on or after April 27, 2016.
66.0438(3)(a)(a) If a city or village issues, or expends funds for the issuance of, a photo identification card for any resident of the city or village, the card must state clearly on its face, in 12 point type, “Not authorized for voting purposes."
66.0438(3)(b)
(b) A photo identification card issued by, or at the direction of, a city or village, as described under par.
(a), may not be used for any of the following purposes:
66.0438(3)(c)
(c) If a city or village has issued an identification card that has been used before April 27, 2016, as an identification document to establish proof of residence under s.
6.34 (3) (a) 3., that card is not valid for such purposes on or after April 27, 2016.
66.0438 History
History: 2015 a. 374.
66.0439
66.0439
Environmental, occupational health, and safety credentials. 66.0439(1)(1)
No city, village, town, or county may enact an ordinance or adopt a resolution that restricts the use of a title or a representation described in s.
100.70 (1) (a) to
(h).
66.0439(2)
(2) If a city, village, town, or county has in effect on November 29, 2017, an ordinance that the city, village, town, or county is prohibited from enacting under sub.
(1), the ordinance does not apply and may not be enforced.
66.0439 History
History: 2017 a. 73.
OFFICERS AND EMPLOYEES
66.0501
66.0501
Eligibility for office. 66.0501(1)(1)
Deputy sheriffs and municipal police. No person may be appointed deputy sheriff of any county or police officer for any city, village or town unless that person is a citizen of the United States. This section does not apply to common carriers or to a deputy sheriff not required to take an oath of office.
66.0501(2)
(2)
Eligibility of other officers. Except as expressly authorized by statute, no member of a town, village or county board, or city council, during the term for which the member is elected, is eligible for any office or position which during that term has been created by, or the selection to which is vested in, the board or council, but the member is eligible for any elective office. The governing body may be represented on city, village or town boards and commissions where no additional compensation, except a per diem, is paid to the representatives of the governing body and may fix the tenure of these representatives notwithstanding any other statutory provision. A representative of a governing body who is a member of a city, village or town board or commission may receive a per diem only if the remaining members of the board or commission may receive a per diem. This subsection does not apply to a member of any board or council described in this subsection who resigns from the board or council before being appointed to an office or position which was not created during the member's term in office.
66.0501(3)
(3)
Appointments on consolidation of offices. Whenever offices are consolidated, the occupants of which are members of the same statutory committee or board and which are serving in that office because of holding another office or position, the common council or village board may designate another officer or officers or make any additional appointments as may be necessary to procure the number of committee or board members provided for by statute.
66.0501(4)(a)
(a) A volunteer fire fighter, emergency medical services practitioner, or emergency medical responder in a city, village, or town whose annual compensation from one or more of those positions, including fringe benefits, does not exceed $25,000 if the city, village, or town has a population of 5,000 or less, or $15,000 if the city, village, or town has a population of more than 5,000, may also hold an elective office in that city, village, or town. It is compatible with his or her office for an elected town officer to receive wages under s.
60.37 (4) for work that he or she performs for the town.
66.0501(4)(b)
(b) It is compatible with his or her office for a local public official, as defined in s.
19.42 (7x), to serve as an election official appointed under s.
7.30 (2) (a) and be compensated for that service, as provided under s.
7.03.
66.0501(5)(a)1.
1. “Political subdivision" means a city, village, town, or county.
66.0501(5)(a)2.
2. “Public employee" means any individual employed by a political subdivision, other than an individual to whom s.
164.06 applies and other than an individual to whom
5 USC 1502 (a) (3) applies.
66.0501(5)(b)
(b) No political subdivision may prohibit a public employee from being a candidate for any elective public office, if that individual is otherwise qualified to be a candidate. No public employee may be required, as a condition of being a candidate for any elective public office, to take a leave of absence during his or her candidacy. This subsection does not affect the authority of a political subdivision to regulate the conduct of a public employee while the public employee is on duty or otherwise acting in an official capacity.
66.0501 Annotation
A citizenship requirement for peace officers is constitutional. 68 Atty. Gen. 61.
66.0501 Annotation
The offices of commissioner of a town sanitary district and supervisor of a town board are incompatible when the town board also serves as the appointing authority for the commissioners. 69 Atty. Gen. 108.
66.0501 Annotation
A sitting member of a county board must resign the office of supervisor before being appointed to the permanent position of county administrative coordinator under this section.
OAG 1-11.
66.05015
66.05015
Background investigation. 66.05015(1)(1)
In this section, “political subdivision” means a city, village, town, or county.
66.05015(2)(a)1.1. Notwithstanding ss.
111.321,
111.322, and
111.335 and with the assistance of the department of justice, a political subdivision shall conduct a background investigation of any person, including a person appointed under a civil service system competitive examination procedure established under s.
59.52 (8) or ch.
63, selected to fill a position with the political subdivision and who, in fulfilling the duties of the position, will have access to federal tax information received directly from the federal Internal Revenue Service or from a source that is authorized by the federal Internal Revenue Service.
66.05015(2)(a)2.
2. Notwithstanding ss.
111.321,
111.322, and
111.335, at any interval determined appropriate by the political subdivision, a political subdivision may conduct additional background investigations of any person, including a person appointed under a civil service system competitive examination procedure established under s.
59.52 (8) or ch.
63, for whom an initial background investigation has been conducted under subd.
1. and background investigations of any other person, including a person appointed under a civil service system competitive examination procedure established under s.
59.52 (8) or ch.
63, employed by the political subdivision who, in fulfilling the duties of his or her position, has access to federal tax information received directly from the federal Internal Revenue Service or from a source that is authorized by the federal Internal Revenue Service.
66.05015(2)(b)
(b) A background investigation under this section may include requiring the person to be fingerprinted on 2 fingerprint cards each bearing a complete set of the person's fingerprints, or by other technologies approved by law enforcement agencies. The department of justice shall submit any such fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrests and convictions.
66.05015 History
History: 2017 a. 154; s. 35.17 correction in (2) (a) 1.
66.0502
66.0502
Employee residency requirements prohibited. 66.0502(1)(1)
The legislature finds that public employee residency requirements are a matter of statewide concern.
66.0502(2)
(2) In this section, “local governmental unit" means any city, village, town, county, or school district.
66.0502(3)(a)(a) Except as provided in sub.
(4), no local governmental unit may require, as a condition of employment, that any employee or prospective employee reside within any jurisdictional limit.
66.0502(3)(b)
(b) If a local governmental unit has a residency requirement that is in effect on July 2, 2013, the residency requirement does not apply and may not be enforced.
66.0502(4)(a)(a) This section does not affect any statute that requires residency within the jurisdictional limits of any local governmental unit or any provision of state or local law that requires residency in this state.
66.0502(4)(b)
(b) Subject to par.
(c), a local governmental unit may impose a residency requirement on law enforcement, fire, or emergency personnel that requires such personnel to reside within 15 miles of the jurisdictional boundaries of the local governmental unit.
66.0502(4)(c)
(c) If the local governmental unit is a county, the county may impose a residency requirement on law enforcement, fire, or emergency personnel that requires such personnel to reside within 15 miles of the jurisdictional boundaries of the city, village, or town to which the personnel are assigned.
66.0502(4)(d)
(d) A residency requirement imposed by a local governmental unit under par.
(b) or
(c) does not apply to any volunteer law enforcement, fire, or emergency personnel who are employees of a local governmental unit.
66.0502 History
History: 2013 a. 20.
66.0502 Annotation
Because, by its plain language, this section uniformly affects every city or village, it trumps the city of Milwaukee's charter, and the city may not enforce its residency requirement. Milwaukee Police Association v. City of Milwaukee,
2016 WI 47,
364 Wis. 2d 626,
869 N.W.2d 522,
14-0400.
66.0502 Annotation
Although this section abolishes residency requirements generally, it does not create a vested right for law enforcement, fire, and emergency personnel to live wherever they want. Quite the opposite, it grants local governments the authority to adopt a 15-mile radius requirement for those employees. Milwaukee Police Association v. City of Milwaukee,
856 F.3d 480 (2017).
66.0503
66.0503
Combination of municipal offices. 66.0503(1)(1)
The office of county supervisor may be consolidated by charter ordinance under s.
66.0101:
66.0503(1)(a)
(a) With the office of village president in any village which has boundaries coterminous with the boundaries of any supervisory district established under s.
59.10 (3).
66.0503(1)(b)
(b) With the office of alderperson or council member in any city in which the district from which the alderperson or council member is elected is coterminous with the boundaries of any supervisory district established under s.
59.10 (3).
66.0503(2)
(2) After the effective date of adoption or repeal of a charter ordinance under this section, the clerk of the municipality shall file a copy of the ordinance with the clerk of the county within which the supervisory district lies. When so consolidated, nomination papers shall contain that number of signatures required under s.
8.10 for county supervisors and shall be filed in the office of the county clerk.
66.0503(3)
(3) Removal from office of any incumbent of an office consolidated under this section vacates the office in its entirety whether effected under ss.
17.09,
17.12 and
17.13 or other pertinent statute.
66.0503(4)
(4) Compensation for an office consolidated under this section shall be separately established by the several governing bodies affected by the consolidation as though no consolidation of offices had occurred.
66.0503(5)
(5) Tenure for an officer of an office consolidated under this section shall coincide with the term for county supervisors.
