In a town in which a county-wide zoning ordinance is effective, a town ordinance which purports to regulate the location of individual mobile homes is a zoning ordinance which can only be enacted in compliance with the provisions of sec. 60.74(7) or (8), Stats. Once the exercise of town zoning authority under sec. 60.74(7), Stats., is approved by referendum, town zoning ordinances and amendments need only be approved by the county boards. Section 60.74(7), Stats., requires the appropriate town authorities to hold a public hearing on town zoning, but no further hearing by the county authorities is required. 65-288
Menominee County
Property held in trust by the federal government for the Menominee Tribe and tribal members pursuant to the Menominee Restoration Act (25 U.S.C. sec. 903, et seq.) is not subject to state taxation. Tribal members residing and working in Menominee County and the Menominee Tribe are not subject to state income tax. Government services to be provided by Menominee County and the Town of Menominee discussed. 66-290
Zoning
The authority of a county to regulate house trailers or mobile homes under the county zoning authority set forth in sec. 59.97, Stats., and other zoning questions, discussed. 62-292
MORTGAGES
Interest rate
Lenders need not comply with the provisions of sec. 138.053, Stats., unless the right to increase the interest rate subsequent to the execution of the contract is conferred by the contract itself. 70-32
Mortgage Subsidy Bond Tax Act of 1980
Certain local governments and public agencies may issue obligations to provide mortgage loans on owner-occupied residences. However, compliance with the Mortgage Subsidy Bond Tax Act of 1980 is necessary to allow exemption of the interest from federal taxation. 71-74
Prepayment penalty
Imposition of a prepayment penalty by a savings and loan association on mortgage loans can only be made when the conditions of sec. 215.21(11), Stats., are met. Section 215.21(19), Stats., also discussed. 66-90
Second mortgage
Second mortgage constitutes equivalent security interest when held by savings and loan association which holds first mortgage, and there are no intervening liens. Sections 428.101, 428.106(5), 227.014(2)(a), Stats., discussed. 63-557
Veterans
Funds for a first mortgage loan program to finance private housing for veterans cannot be obtained through state general obligation bonding within the meaning and intent of art. VIII, sec. 7, Wis. Const. 63-342
In making housing loans under sec. 45.352, Stats., the Department may rely on fixed standards as to the applicant's needs. When applications on hand exceed available funds, loans should be made to the most needy applicants. 62-66
Weatherization improvement loan
The recent amendment to sec. 45.80(2)(c), Stats., exempts a weatherization improvement loan supplement from the "maximum primary financing" requirement only in the case of a home purchase loan. Home improvement loans made under sec. 45.76(2)(a), Stats., are therefore not exempt from such requirement. (Unpub.). 52-1980
MOTOR VEHICLE DEPARTMENT
See TRANSPORTATION, DEPARTMENT OF, Motor Vehicles, Division of
MOTOR VEHICLES
See AUTOMOBILES AND MOTOR VEHICLES
MUNICIPAL CORPORATIONS
Bonds
Legislation is necessary to allow the Milwaukee Metropolitan Sewerage District to borrow up to the limits of its separate indebtedness authorized under Wis. Const. art. XI, sec. 3. (Unpub.). 27-1979
Fire department
Volunteer fire department organized as a nonprofit corporation pursuant to sec. 213.05, Stats., is not a governmental or quasi-governmental corporation and is not subject to provisions of the Open Meeting Law, secs. 19.81-19.98, Stats. 66-113
Milwaukee Metropolitan Sewerage District
Legislation is necessary to allow the Milwaukee Metropolitan Sewerage District to borrow up to the limits of its separate indebtedness authorized under Wis. Const. art. XI, sec. 3. (Unpub.). 27-1979
Violation of a code of ethics ordinance
County Board may provide for a penalty in the nature of a forfeiture for violation of a code of ethics ordinance but may not bar violators from running for office. Violation is not a neglect of duties required by law under sec. 59.10, Stats., or ipso facto cause for removal from office under sec. 17.09(1), Stats. 66-148
MUNICIPAL COURT
Blood test
Section 343.305, Stats., as repealed and recreated by ch. 193, Laws of 1977, does not vest in municipal courts the power to conduct hearings to determine the reasonableness of a refusal to submit to chemical tests to determine blood alcohol levels, since a municipal court has only those powers expressly conferred on it by statute, and such statute contains no express language conferring the hearing power above-mentioned on a municipal court. The power of a municipal court to preside over ordinance matters would not include such hearings, since local government lacks authority to enact the provisions of sec. 343.305, Stats., as an ordinance. 67-185
MUNICIPALITIES
See also CITIES; TOWNS; VILLAGES
Automobiles and motor vehicles
Local governments can prohibit first acts of operating after revocation or suspension, but second offense will not be a crime. 71-132
The ordinance adopted by the Village of West Milwaukee which authorizes the placement of an immobilization device on an automobile of an individual who has ten or more outstanding or otherwise unsettled traffic violations does not constitute a valid exercise of a municipality's authority under Wisconsin law. 77-73
Bartenders' licenses
Municipalities may not require by ordinance that all grocery and liquor store employes and bartenders must obtain bartenders' or operators' licenses, such ordinances being in conflict with the provisions of chapter 125, Stats. 76-86
Bicycles
The licensing of bicyclists, the creation of bicycle courts and the impoundment of bicycles is a matter of statewide concern. Cities and villages cannot exercise such regulation in the absence of express legislative authorization. 66-99
Bids and bidders
Municipalities may require bidders to include a list of subcontractors. Counties may reject a proposal for failure to include a complete list, except when omitted subcontractors themselves submitted timely, written bids to the general contractor. 76-29
Bonds
As a general rule a municipality may not, without specific authorization, guarantee the financial obligations of a private landfill operator. (Unpub.). 47-1982
Hotels, motels and marinas are not permissible "projects" under the definition provided in sec. 66.521(2)(b), Stats. There is no authority under sec. 66.521, Stats., to establish a reserve fund from bond proceeds for payment of principal of and interest on the bonds, except as may be contemplated under the limited circumstances of sec. 66.521(7)(h), Stats. 66-162
Section 67.04(2)(a), (b), (8), Stats., does not authorize the City of Marshfield to utilize its bonding authority to construct a building wholly for use by the Mid-State Vocational, Technical and Adult Education District on a leased basis. 71-165
Building permit
Under section 66.036, Stats., additions to, and the remodeling of, structures require an on-site inspection of the existing private sewage system before a building permit may be issued. 75-38
City clerk's authority
Under sec. 9.20(3), Stats., a city clerk's authority to examine the "sufficiency" and "form" of an initiative petition is at least as extensive as the city council's under sec. 9.20(4), Stats. This judicially established authority should only be exercised where a substantive insufficiency clearly exists. 69-41
City school district
Subject to approval of the fiscal board or the city council, a city school district has the authority to sell real and personal property no longer used for school purposes. Under sec. 120.56(2), Stats., money received from such sales must be placed in a sinking fund under the control of the fiscal board to be used for educational purposes. Municipalities may enter into an agreement with a joint school district to provide for the sale or transfer of property being used by the school district for educational purposes. Such agreement may provide for the payment of the purchase price in services, materials or property provided that the value of such purchase price constitutes fair market value. 66-272
Class "B" liquor licensees
Class "B" liquor licensees must be similarly treated by a municipality as to the hours they may be open for sales of liquor. 63-597
