Wisconsin Legislature: Zoning

Revisor of Statutes

For purposes of sec. 70.67(2), Stats., the town board is the governing body of the town. 63-10

Road repair materials and services to private residents

Town citizens have no power to enact a law authorizing the town to sell road repair materials and services to private residents. (Unpub.). 54-1982

Senior citizen center

Revenue sharing monies may be expended by a town board to operate a senior citizen center under state law. (Unpub.). 23-1980

Sewage system

A town board not operating a sewage system cannot make special assessments on property located within the corporate limits of the town but outside the corporate limits of the town sanitary district for benefits claimed to accrue from the system operated by the district and pay the same to the district. 63-343

Streets

See Village powers

Supervisors

No additional compensation of any kind may be paid to town supervisors who serve on the town board of review. Compensation may be increased to a town clerk for service on the board of review if the clerk has previously been designated part time by the town meeting pursuant to section 60.305(1)(b), Stats. 79-176

Uniformity of town government

If proper case were brought, a court would probably hold that sec. 60.19(1), (am), and (c), Stats., violate the uniformity of town government constitutional requirement. 63-105

Village powers

A town board, granted village powers under sec. 60.18(12), Stats., is not required to petition its county board prior to adopting a town zoning ordinance. Sec. 60.74(1)(am) and (7), Stats. However, where the county has adopted a zoning ordinance under sec. 59.97, Stats., such town zoning ordinance will not become effective and cannot be enforced unless and until the county takes positive action approving such town ordinance. 62-139

Municipal justice files oath and bond with clerk of circuit court who filed certified copy of bond with clerk of municipality for which justice was elected. Town boards, including those authorized to exercise village powers, cannot prohibit conduct the same or similar to that prohibited by chs. 941 to 947, Stats., except as provided in sec. 66.051(1), (2) and (3), Stats., or other express statutes. 66-58

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

Towns with village powers lack statutory authority to unilaterally vacate streets in recorded subdivision plats. 78-77

Zoning

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

TRADE PRACTICES

See MARKETING AND TRADE PRACTICES

TRADE REGULATIONS

See MARKETING AND TRADE PRACTICES

TRADING STAMPS

See MARKETING AND TRADE PRACTICES

TRAFFIC

See also AUTOMOBILES AND MOTOR VEHICLES

Court commissioner

A court commissioner lacks authority in traffic cases to accept pleas of no contest from defendants who do not appear but make a deposit, to accept pleas of no contest and guilty from defendants who appear, and to assess penalties against these defendants, since a court commissioner has only those powers conferred by statute and since the statutes do not authorize court commissioners to conduct such activities. (Unpub.). 21-1978

Courts

In traffic regulation cases, sec. 345.315, Stats., controls over sec. 300.05, Stats., insofar as request for substitution of a justice is concerned but not over sec. 300.055, Stats., which grants defendant right to secure transfer to county court upon request, accompanied by $1 fee, at any time prior to trial. 66-64

Dismissal of traffic complaints

Courts may not dismiss traffic complaints on payment of penalty and costs, or costs alone. 63-328

District Attorney

District Attorneys have a statutory duty to prosecute state traffic violations. District Attorneys cannot properly refuse to prosecute state actions when such refusal is based on consideration of the ultimate deposition of the proceeds from such actions. Such consideration is for the Legislature, not the District Attorney. 64-157

Enforcement of judgements

Imprisonment or suspension of license under section 345.47(1)(a) and (b), Stats., does not eliminate the liability of a defendant for payment of the $150 surcharge provided for in section 346.655. The county does not become liable for the surcharge if not paid. An application for an occupational license is not a special proceeding requiring the payment of clerk's fees under section 814.61(1). 73-24

Forfeiture

Section 349.06(1), Stats., authorizes local authorities to enact and enforce any ordinance which is in strict conformity with traffic regulation provisions of ch. 350 for which the penalty for violation is a forfeiture. 66-161

Police jurisdiction

Where not acting pursuant to mutual assistance statutes, Clark County officers do not have authority to conduct police operations in each and every territory in which a traffic offense triable in Clark County Circuit Court may arise. 69-194

Sheriffs

County Board in county under 500,000 not having civil services system for deputy sheriffs can abolish traffic department organized under sec. 83.016, Stats., and with the cooperation of the Sheriff, such traffic patrolmen can be appointed deputies in the Sheriff's department without providing for civil service selection under sec. 59.21 (8)(cm), Stats. Language in 36 OAG 174 (1947) and 38 OAG 245 (1949) distinguished in view of sec. 59.025, Stats., which was enacted after issuance of those opinions. 71-199

Where county has contract to maintain state trunk highways, County Highway Commissioner can temporarily close state trunk highway in case of emergency. Sec. 86.06(1), Stats. Sheriff has power to temporarily close any highway in county in case of emergency and to divert traffic. Secs. 59.24(1) and 349.02, Stats. 67-335

Speed limits

Section 343.30(1n), Stats., does not apply to violations of sec. 346.57(4)(hm), Stats., created by ch. 157, Laws of 1973. 63-20

Truck traffic

Counties do not have any general police power authority to control truck traffic, but are restricted to controlling truck traffic under secs. 349.15 and 349.16, Stats. The exercise of the police power under sec. 349.15, Stats., need not be based on the condition of the roadbed, but may be exercised to promote the general welfare of the public. 66-110

TRANSPORTATION