See PUBLIC RECORDS
OPERATING WHILE INTOXICATED LAW
See DRUNK DRIVING
OPTOMETRY
Corporations
Restrictions on business corporations providing medical, legal and dental services discussed. 75-200
Crime victims compensation
Under ch. 949, Stats., DILHR is not authorized to direct payment of expenses incurred by victims of crime for dental, chiropractic, podiatric, or optometric services. (Unpub.). 84-1977
Discrimination
Section 449.01(3), Stats., requires a county, under a group health care benefit plan providing coverage for eye examinations performed by a licensed physician and surgeon, to pay for such services performed by an optometrist. (Unpub.). 33-1989
Ophthalmic assistants
Ophthalmic assistants performing functions that are within the statutory definition of optometry under the delegation and supervision of an ophthalmologist are not engaged in the unlawful practice of optometry. A certified optometric technician who performs services included within the definition of optometry under the delegation and supervision of a licensed optometrist is engaged in the unlicensed practice of optometry. 74-146
Price advertising
The prohibition against advertising the price of lenses, frames and complete glasses contained in sec. 449.10, Stats., violates the First Amendment to the United States Constitution and therefore is invalid. Further, price advertising of lenses, frames and complete glasses by optometrists is not unprofessional conduct under sec. 449.08, Stats. Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc., 425 U.S. 748, 96 S. Ct. 1817 (1976). 60 OAG 335 (1971) and 48 OAG 223 (1959) are withdrawn. 66-190
60 OAG 335 (1971) and 48 OAG 223 (1959) are withdrawn
ORDINANCES
Automobiles and motor vehicles
As used in sec. 165.87(2), Stats., the words "nonmoving traffic violations" apply only to violations of ordinances adopted under secs. 349.13 and 349.14, Stats., and violations of secs. 346.50 through 346.55, Stats. 66-308
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
Bad checks
Counties possess the statutory authority to enact and enforce ordinances prohibiting the issuance of bad checks and trespassing but do not have the authority to enact and enforce ordinances prohibiting battery and theft. 78-38
Battery
Counties possess the statutory authority to enact and enforce ordinances prohibiting the issuance of bad checks and trespassing but do not have the authority to enact and enforce ordinances prohibiting battery and theft. 78-38
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
Questions concerning proposed county Code of Ethics ordinance answered. 1. A county board may provide for a forfeiture but not a fine for violations of an ordinance. 66 OAG 148 (1977). 2. A county board lacks the authority to prohibit county clerk (Election Commission in Milwaukee County) from placing on ballot candidates who have not complied with Code of Ethics ordinance. 3. County board lacks the authority to order the withholding of salary of elected officials who fail to comply with a Code of Ethics ordinance. 4. The county board lacks authority to prohibit county officers from acting as agent or attorney for an entity other than the county in connection with any transaction involving the county in which such officers participate during the course of their service for a period of 12 months after leaving county service. 5. A board created by the county board, unless it is a committee of the county board
Codification and publication of municipal ordinances discussed. 70-124
Counties
Without statutory authority to do so, a county cannot use citations for violations of ordinances that have certain statutory counterparts. Section 66.119(3)(b), Stats., only authorizes the use of citations for violations of ordinances other than those for which a statutory counterpart exists. 76-211
County clerk
Section 59.09(1), Stats., discussed in reference to requirement that county clerks must publish county ordinances and distribute copies to town clerks. 62-81
County conservation
A county ordinance passed under section 92.11, Stats., may be applicable to incorporated as well as unincorporated areas of the county, whereas a county ordinance passed under section 92.16 is applicable only in the unincorporated areas of the county. 77-87
County zoning
A town with village powers that is subject to a county zoning ordinance is not prohibited by statute from any and all regulation of driveway installation. A town which is subject to a county zoning ordinance that contains no limitation on the issuance of county zoning permits may not set a quota on the number of residential building permits that the town will issue each year. 76-60
The extent to which sec. 91.73(4), Stats., as created by ch. 29, Laws of 1977, and amended by ch. 169, Laws of 1977, alters the procedures applicable for the amendment of county comprehensive zoning ordinances under sec. 59.97(5)(e), Stats., is discussed. 67-290
Discrimination
A county may enact an ordinance requiring its contractors to agree to a policy of non-discrimination in employment, even though such an ordinance provides broader protection than that afforded by state and federal equal employment opportunity laws, as long as such ordinance does not conflict with such laws. 70-64
Equal employment opportunity
The employment practices of vocational, technical and adult education districts are subject to city equal employment opportunity ordinances. Such ordinances, however, can be applied only to employment within the geographic boundaries of the city. 70-226
Fire alarm systems
A county has power under sec. 59.07(64), Stats., to enact an ordinance, applicable countywide, prohibiting the giving of false alarms on security or fire alarm systems connected to the Sheriff s department. Provisions amounting to a building code would not be applicable in cities, villages or towns having ordinances or codes covering the same subject. Authority of the Sheriff to act as licensing authority or to collect license fees discussed. 72-153
Firearm ordinance by Town exceeds authority
A town ordinance which purports to prohibit the use of firearms but exempts town residents and their guests is in effect a restriction on hunter numbers. As such, it infringes on and exceeds the authority of the Department of Natural Resources, and presents possible equal protection problems. 77-137
Judicial review
Judicial review of a county board's legislative decision concerning approval or disapproval of town zoning ordinances submitted to the county board under section 60.62(3), Stats., is limited to cases of abuse of discretion, excess of power or error of law. 79-117
Marijuana
Chapter 161, Stats., the Uniform Controlled Substances Act, precludes the enactment of municipal ordinances regulating the sale and possession of such "controlled substances" as marijuana. 63-107
Counties may not enact ordinances in conformity with state statutes prohibiting the possession and sale of marijuana. 77-205
Milwaukee, City of
City has power to create an ordinance making possession of marijuana an offense in the City of Milwaukee. 63 OAG 107 discussed. (Unpub.). July 9, 1975
Milwaukee charter ordinance concerning Chief of Police
Common Council of City of Milwaukee has power by reason of Wisconsin Constitution article XI, section 3, and section 62.03(2), Stats., to enact charter ordinance adopting section 62.09(13)(a), which provides that the Chief of Police shall have command of the police force of the City under the direction of the Mayor and that it is the duty of the Chief to obey all lawful written orders of the Mayor or Common Council. 73-64
Milwaukee County ordinances
The Milwaukee County board may not delegate the exclusive authority to approve contracts for budgeted public works projects to the museum board or to the zoological board. Except in extraordinary circumstances, the attorney general will not issue opinions concerning the meaning or intent of municipal ordinances. 77-120
Total prohibition of all use of all Milwaukee County park buildings for political purposes is unconstitutional. Validity of regulations restricting political assemblies to certain areas of certain parks depends on whether the restrictions may be considered reasonable "time, place and manner" regulations. Current sec. 47.02, Milwaukee County Ordinances vests unbridled discretion in permit-granting authority. To withstand constitutional attack explicit, objective standards ensuring even-handed application of the ordinance must be provided. 67-16
Mobile homes
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 Board. 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
Municipalities
Codification and publication of municipal ordinances discussed. 70-124
