Wisconsin Legislature: Spectator sport facilities

West Milwaukee

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

Zoning

A county which has enacted a county-wide comprehensive zoning ordinance under sec. 59.97, Stats., may not enact any zoning provision authorizing withdrawal of town approval of such ordinance or otherwise specifically excluding or exempting any town from the operation of such ordinance. 67-197

1. An extraterritorial zoning ordinance may utilize interior section lines. 2. Interim extraterritorial zoning ordinances need not be based on a land use survey. 3. Amendment of interim extraterritorial zoning ordinances discussed. 4. Appeals under an interim extraterritorial zoning ordinance are handled by the city or village. 5. Administration of extraterritorial zoning is by the city or village. 6. The joint extraterritorial zoning committee continues to exist after adoption of the comprehensive extraterritorial zoning ordinance. 67-238

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

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

Towns exercising village powers can zone shorelands concurrently with counties, provided that the town ordinance is in conformance with or more restrictive than the county ordinance. 65-108

Under sec. 13.48(13), Stats., the State is subject to local governmental zoning regulations when remodeling a newly acquired or leased facility. 67-251

ORIGINAL RECORDS

Criminal cases

Clerks of court are not authorized to send the original records of criminal cases to the public defendant prior to the time an appeal has been taken unless an order signed by a judge of the court authorizes such release. 69-63

OUTDOOR RECREATION ACT

Highways

ORAP funds may be used for the planting of trees and shrubs along state highways and to mark scenic easements as part of the State's beautification and outdoor recreation programs. 62-135

Milldams

Recreational Program funds (ORAP) may be used to restore deteriorated milldams provided a public use is evident. 63-245

Spectator sport facilities

The Department of Natural Resources has no authority to construct spectator sport facilities in state forests, nor has it authority to lease state forest lands for such purpose. 63-519

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PARAMEDIC

See also MEDICAL AID

Acquired Immune Deficiency Syndrome

A police and fire commission is an employer under section 103.15, Stats., and may not test paramedic candidates for the HIV virus. Civil liability of the commission and the city it serves for claims brought by individuals who can prove that they contracted the HIV virus through employment-related contacts with paramedics discussed. 77-181

Liability

Interpretation of new law rendering "good Samaritans" immune from civil liability for good faith acts or omissions in giving emergency care at the scene of an emergency or accident. Statute excludes from protection health care practitioners who make their living or who specifically are paid for providing emergency care at the scene of an emergency or accident. 67-218

Services performed

The Department of Health and Social Services by rule may authorize the ambulance attendants to perform emergency care services which the statutes specify also are performable by paramedics, but only to the extent the Department finds that the attendants can perform those services safely by reason of their training. Attendants can perform those services under proper supervision of a physician unless the Department provides otherwise by rule, but the physician's decision to delegate a service to an attendant is reviewable by the Medical Examining Board and the attendant's decision to accept the delegation is reviewable by the Department. 68-299

Standards

The Department of Health and Social Services has authority to establish standards for ambulance attendants under sec. 146.50, Stats. Discussion of malpractice liability of state officers and employes. 67-145

PARENTAL RIGHTS

See CHILDREN

PARKING

Arrest

Section 349.03(2m), Stats., prohibits both prejudgment and postjudgment arrest for failure to pay a parking forfeiture. 70-285

Nonmoving traffic violation

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

State office building

It is possible for the State to lease one of its parking facilities to an independent contractor upon a finding that an independent contractor can perform the service of operating and maintaining the parking facility more economically or more efficiently than the civil service system. Sec. 16.06, Stats. 62-183

PARKS

See also COUNTY PARK COMMISSION; OUTDOOR RECREATION ACT; STATE PARKS

Counties

An agreement to purchase park land whereby a county is to make deferred payments from an existing nonlapsing account (sufficient to cover the entire obligation) secured by mortgaging the property to the grantor, would not create an obligation within the ambit of ch. 67, Stats., nor constitute a debt in the context of art. XI, sec. 3, Wis. Const. 63-309

Milwaukee County

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

Town sanitary district

Town sanitary district organized under secs. 60.30-60.309, Stats., has power to levy special assessments for improvements against county-owned park lands located within the district. 64-206

PARTNERSHIP ACT

Power of attorney

Under the Limited Partnership Act, certificates required to be filed need not be accompanied by documents evidencing power of attorney. (Unpub.). 6-1985

PATERNITY

See CHILDREN

PATIENTS