66.0414(3)(c)2.f.
f. If the small wireless facility will be collocated on a utility pole or wireless support structure owned by a 3rd party, other than a governmental pole or a utility pole for designated services, a certification that the wireless provider has permission from the owner to collocate on the utility pole or wireless support structure.
66.0414(3)(c)2.g.
g. Certification by the wireless provider that the small wireless facility will comply with relevant federal communications commission regulations concerning 1) radio frequency emissions from radio transmitters and 2) unacceptable interference with public safety spectrum, including compliance with the abatement and resolution procedures for interference with public safety spectrum established by the federal communications commission set forth in
47 CFR 22.970 to
22.973 and
47 CFR 90.672 to
90.675.
66.0414(3)(c)2.h.
h. Certification by the wireless provider that the small wireless facility will not materially interfere with any of the following: 1) the safe operation of traffic control equipment; 2) sight lines or clear zones for transportation or pedestrians; and 3) the federal Americans with Disabilities Act or similar federal or state standards regarding pedestrian access or movement.
66.0414(3)(c)2.i.
i. A statement that the small wireless facility shall comply with all applicable codes.
66.0414(3)(c)3.
3. Neither the state nor a political subdivision may institute an express or de facto moratorium on any of the following:
66.0414(3)(c)3.b.
b. The issuance of permits or other approvals, if any, for the collocation of small wireless facilities or the installation, modification, or replacement of utility poles to support small wireless facilities.
66.0414(3)(c)4.
4. A political subdivision may adopt aesthetic requirements governing the deployment of small wireless facilities and associated antenna equipment and utility poles in the right-of-way, subject to the following conditions:
66.0414(3)(c)4.a.
a. The aesthetic requirements must be 1) reasonable in that they are technically feasible and reasonably directed to avoiding or remedying unsightly or out-of-character deployments; 2) no more burdensome than those applied to other types of infrastructure deployments; and 3) objective and published in advance.
66.0414(3)(c)4.b.
b. Any design or concealment measures are not considered a part of the small wireless facility for purpose of the size parameters in the definition of a small wireless facility under sub.
(1) (u).
66.0414(3)(c)4.c.
c. A political subdivision may deny an application for not complying with aesthetic requirements only if the denial does not prohibit or have the effect of prohibiting the provision of wireless service.
66.0414(3)(c)5.
5. A political subdivision may enact an ordinance to prohibit, in a nondiscriminatory way, a communications service provider from installing structures in the right-of-way of a historic district or an underground district, except that the ordinance may not prohibit collocations or the replacement of existing structures. In this subdivision, a historic district is an area designated as historic by the political subdivision, listed on the national register of historic places in Wisconsin, or listed on the state register of historic places. In this subdivision, an underground district is an area designated by the political subdivision in which all pipes, pipelines, ducts, wires, lines, conduits, or other equipment, which are used for the transmission, distribution, or delivery of electrical power, heat, water, gas, sewer, or telecommunications equipment, are located underground. A political subdivision may require any collocation on or replacement of an existing structure to reasonably conform to the design aesthetics of the original structure in a historic or underground district. Any design or concealment measures are not considered a part of the small wireless facility for purposes of the size restrictions in the definition of “small wireless facility” under sub.
(1) (u). The requirements of an ordinance enacted under this subdivision must be objective, technically feasible, no more burdensome than requirements applied to other types of infrastructure deployment, and reasonably directed at avoiding or remedying the intangible public harm of unsightly or out-of-character deployments. A political subdivision may not apply any requirements under an ordinance enacted under this subdivision in a manner that results in an effective prohibition of wireless service.
66.0414(3)(d)1.1. Except as provided in subd.
2., the state or a political subdivision may only charge an application fee that is reasonable, nondiscriminatory, and recovers no more than a governmental unit's direct cost for processing an application, except that no application fee may exceed any of the following:
66.0414(3)(d)1.a.
a. For an application that includes 5 or fewer small wireless facilities, $500.
66.0414(3)(d)1.b.
b. For an application that includes more than 5 small wireless facilities, $500 plus $100 for each small wireless facility in excess of 5.
66.0414(3)(d)1.c.
c. One thousand dollars for the installation or replacement of a utility pole together with the collocation of an associated small wireless facility.
66.0414(3)(d)2.
2. Beginning on July 12, 2019, the state or a political subdivision may adjust a fee allowed under subd.
1. by 10 percent every 5 years, rounded to the nearest multiple of $5. During each 5-year period, the adjustment may be applied incrementally or as a single adjustment.
66.0414(3)(d)3.
3. If the federal communications commission adjusts its levels for fees that are presumptively lawful under
47 USC 253 or
332 (c) (7), the state or a political subdivision may adjust any impacted fee under subd.
1. on a pro rata basis, consistent with the federal communications commission's action.
66.0414(3)(e)
(e)
Approvals not required. Neither the state nor a political subdivision may require applications, permits, fees, or any other approval for any of the following:
66.0414(3)(e)2.
2. The replacement of a small wireless facility with a small wireless facility that is substantially similar to, or the same size or smaller than, the existing small wireless facility, except that the governmental unit may require the person seeking to replace the small wireless facility to obtain a permit to work within a right-of-way to complete such a replacement. For purposes of this subdivision, a small wireless facility does not include the structure on which it is collocated.
66.0414(3)(e)3.
3. The installation, placement, maintenance, operation, or replacement of micro wireless facilities that are strung on cables between existing utility poles in compliance with the National Electrical Safety Code.
66.0414(3)(f)
(f)
Traffic work permits. Nothing in this section prohibits a political subdivision from requiring a work permit for work that will unreasonably affect traffic patterns or obstruct vehicular traffic in a right-of-way, provided that such permits are issued to any applicant on a nondiscriminatory basis upon terms and conditions that apply to the activities of any other person performing work in the right-of-way that requires excavation or the closing of sidewalks or traffic lanes.
66.0414(4)
(4)
Collocation of small wireless facilities on governmental poles and utility poles for designated services. 66.0414(4)(a)(a) A person owning or controlling a governmental pole or a utility pole for designated services may not enter into an exclusive arrangement with any person for the right to attach to, or use, such poles.
66.0414(4)(b)
(b) The fees or rates charged by the owner of a pole described under par.
(a), and the terms and conditions for such attachment or use, may not be discriminatory.
66.0414(4)(c)
(c) The rate a political subdivision may charge a wireless provider to collocate a small wireless facility on a utility pole for designated services shall be governed by an agreement between the political subdivision and the wireless provider. If there is a failure to agree on the rate, the public service commission shall determine the compensation pursuant to the procedures in s.
196.04 and the determination shall be reviewable under s.
196.41.
66.0414(4)(d)1.1. The rate an owner of a governmental pole other than a utility pole for designated services charges another person to collocate on the owner's pole shall be sufficient to recover the actual, direct, and reasonable costs related to the applicant's application for, and use of, space on the pole, except that subject to subd.
2., the total annual rate for a collocation and any related activities may not exceed the lesser of the actual, direct, and reasonable costs related to the collocation or $250 per year per small wireless facility. If a dispute arises concerning the appropriateness of a rate charged by the state or political subdivision under this subdivision, the governmental unit bears the burden of proving that the rate is reasonably related to the actual, direct, and reasonable costs incurred by the governmental unit.
66.0414(4)(d)2.
2. Beginning on July 12, 2019, the owner of a governmental pole other than a utility pole for designated services may adjust a rate allowed under subd.
1. by 10 percent every 5 years, rounded to the nearest multiple of $5. During each 5-year period, the adjustment may be applied incrementally or as a single adjustment.
66.0414(4)(d)3.
3. If the federal communications commission adjusts its levels for rates that are presumptively lawful under
47 USC 253 or
332 (c) (7), the state or a political subdivision may adjust any impacted rate under subd.
1. on a pro rata basis, consistent with the federal communications commission's action.
66.0414(4)(e)1.1. Except as provided in subd.
2., by the later of October 1, 2019, or 3 months after receiving its first request to collocate a small wireless facility on a governmental pole, other than a utility pole for designated services, the state or a political subdivision shall implement rates, fees, and terms for the collocation of small wireless facilities on governmental poles that comply with this subsection.
66.0414(4)(e)2.
2. Agreements between a wireless provider and the state or a political subdivision that are in effect on July 12, 2019, and that relate to the collocation of small wireless facilities in the right-of-way, including the collocation of small wireless facilities on governmental poles, remain in effect, subject to applicable termination provisions, except that by August 1, 2021, the state or political subdivision shall amend any such agreement to comply with the rates, fees, and terms required under this subsection.
66.0414(4)(f)
(f) With regard to a governmental pole that supports aerial cables used for video, communications, or electric service, and with regard to utility poles for designated services, the parties shall comply with the process for make-ready work under
47 USC 224 and its implementing regulations, including
47 CFR 1.1420 and
1.1422. The good faith estimate of the person owning or controlling such poles for any make-ready work necessary to enable the pole to support the requested collocation must include pole replacement if necessary.
66.0414(4)(g)
(g) With regard to a governmental pole that does not support aerial cables used for video, communications, or electric service, the state or political subdivision shall provide a good faith estimate for any make-ready work necessary to enable the pole to support the requested collocation, including pole replacement if necessary, not later than 60 days beginning after receipt of a complete application, except that the governmental unit may provide the applicant with access to the governmental pole that is necessary for the applicant to make that estimate. Make-ready work, including any pole replacement, must be completed within 60 days after the applicant's written acceptance of a good faith estimate provided by the governmental unit or within 60 days after the applicant makes the estimate.
66.0414(4)(h)
(h) A person owning or controlling a governmental pole other than a utility pole for designated services may not require more make-ready work than required to meet applicable codes or industry standards. Fees for make-ready work may not include any costs that are related to preexisting conditions, prior damage, or noncompliance with currently applicable standards. Fees for make-ready work, including any pole replacement, may not exceed actual costs or the amount charged to other communications service providers for similar work, and may not include any consultant fees or expenses.
66.0414(5)
(5)
Dispute resolution. Except as provided in sub.
(4) (c), and notwithstanding ss.
182.017 (8) (a) and
196.58 (4) (a), a court of competent jurisdiction shall determine all disputes arising under this section. Unless otherwise agreed to by the parties to a dispute, and pending resolution of a right-of-way access rate dispute, a political subdivision controlling access to and use of a right-of-way shall allow the placement of a small wireless facility or utility pole at a temporary rate of one-half of the political subdivision's proposed annual rate, or $20, whichever is less. Rates shall be reconciled and adjusted upon final resolution of the dispute. Pending the resolution of a dispute concerning rates for collocation of small wireless facilities on governmental poles or utility poles for designated services, the person owning or controlling the pole shall allow the collocating person to collocate on its poles, at annual rates of no more than $20 per year per pole, with rates to be reconciled and adjusted upon final resolution of the dispute.
66.0414(6)
(6)
Indemnification. A wireless provider shall indemnify and hold harmless a political subdivision against any and all liability and loss from personal injury or property damage resulting from or arising out of, in whole or in part, the use or occupancy of rights-of-way by the wireless provider or its employees, agents, or contractors arising out of the rights and privileges granted under this section. A wireless provider has no obligation to indemnify or hold harmless against any liabilities and losses as may be due to or caused by the sole negligence of the political subdivision or its employees or agents.
66.0414(7)
(7)
Federal law; contracts. Nothing in this section adds to, replaces, or supersedes federal laws regarding utility poles owned by investor-owned electric utilities nor shall this section impose or otherwise affect any rights, controls, or contractual obligations investor-owned electric utilities may establish with respect to their utility poles.
66.0414(8)
(8)
Private property owners. Nothing in this section is intended to authorize a person to place, maintain, modify, operate, or replace a privately owned utility pole or wireless support structure or to collocate small wireless facilities on a privately owned utility pole, a privately owned wireless support structure, or other private property without the consent of the property owner.
66.0414(9)(a)(a) This section may not be construed or interpreted to authorize any entity to provide communications service without compliance with all applicable laws or to authorize the collocation, installation, placement, operation, or maintenance of any communications facilities, including wireline backhaul facilities, other than small wireless facilities and associated utility poles.
66.0414(9)(b)
(b) Except as it relates to small wireless facilities subject to the permit and fee requirements established under this section and except as otherwise authorized by federal or state law, a political subdivision may not do any of the following:
66.0414(9)(b)1.
1. Adopt or enforce any regulation or requirement on the placement or operation of communications facilities in rights-of-way by a communications service provider authorized under federal, state, or local law to operate in rights-of-way.
66.0414(9)(b)3.
3. Impose or collect any tax, fee, or other charge for the provision of additional communications services over a communications service provider's communications facilities in a right-of-way.
66.0414 History
History: 2019 a. 14;
2021 a. 239 ss.
32,
74.
66.0415
66.0415
Offensive industry. 66.0415(1)(1)
Except as provided under s.
62.23 (7a) (am), 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;
2021 a. 198.
66.0415 Annotation
The social and economic roots of judge-made air pollution policy in Wisconsin. Laitos, 58 MLR 465.
66.0416
66.0416
Stands operated by minors. 66.0416(1)(a)
(a) “Political subdivision” means a city, village, town, or county.
66.0416(1)(b)
(b) “Stand operated by a minor” means a stand or other location at which goods other than potentially hazardous food, as defined in s.
97.30 (1) (bm), are sold in occasional sales, as defined in s.
77.51 (9), directly to consumers; that operates on a temporary, occasional basis; and that is operated solely by a person or persons under the age of 18 on private property with the permission of the property owner.
66.0416(2)
(2) No political subdivision may do any of the following:
66.0416(2)(a)
(a) Enact an ordinance or adopt a resolution that prohibits a stand operated by a minor.
66.0416(2)(b)
(b) Require a license or permit for, or impose a fee, charge, or surcharge on, any stand operated by a minor.
66.0416(3)
(3) If a political subdivision has enacted an ordinance or adopted a resolution before November 27, 2019, that is inconsistent with sub.
(2), the ordinance or resolution does not apply and may not be enforced.
66.0416 History
History: 2019 a. 60.
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;
2021 a. 238 s.
45.
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.
