The federal Cable Communications Policy Act, 47 U.S.C. § 521 (1991), does not preempt state prohibition of mandatory fees for the use of splitter devices. 80-248
Coroner's inquest
Open Meeting Law does not apply to a Coroner's inquest. 67-250
Friends" organization
Open meetings and public records laws are not applicable to independently created and independently operated non-stock, non-profit "friends" corporations organized to provide financial and other support to radio and television stations licensed to governmental agencies. 74-38
Lotteries
See also Bingo
Bingo games sponsored by church organizations using local cable television facilities to broadcast the program where viewers participate in their homes are in violation of ch. 163, Stats. While bingo games conducted pursuant to ch. 163, Stats., enjoy exemption from the constitutional definition of lottery, bingo games which contravene the provisions of ch. 163, Stats., constitute lotteries in this State. Such lotteries are prosecutable under sec. 163.54 or secs. 945.02(3) and 945.03(4), Stats. The fact that community antenna television is regulated by the Federal Communications Commission does not preclude a prosecution on the grounds of federal preemption. The state criminal standard does not conflict with the federal regulation. 65-80
TOWNS
See also MUNICIPALITIES
Assessments
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
Board of review
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
Boundaries
The responsibility of town supervisors under ch. 90, Stats., is limited to assigning to the occupants of adjoining lands the respective share of a division fence which each occupant shall erect and repair, and does not authorize town supervisors to settle boundary disputes. 70-187
Clerk
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
Compatibility
60 OAG 276 (1971) discussed. The conclusion in that opinion is questionable. Until the law is changed offices of town clerk and town treasurer are probably incompatible. 68-393
Compensation for clerks and 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
Constable
Powers of town constable are largely statutory and include power to make arrests for violations of state traffic laws and enforce town traffic ordinances. Town board has only limited control over such officer and cannot restrict such officer's statutory law enforcement activities. Annual town meeting of electors establishes compensation in lieu of statutory fees. 68-254
Contracts
Towns must let "public contracts" pursuant to the competitive bidding procedures of secs. 60.29(1m) and 66.29, Stats. Contracts which are not "public contracts" are not subject to either advertising or competitive bidding procedures. The definition of public contract includes "supplies" and "materials," but does not include "equipment." 66-284
County aid
County aid available for construction of bridges under sec. 81.38, Stats., may be provided only to towns, and not to cities or villages and may not be provided once a town commences a bridge project. County aid for bridge projects may be provided to cities and villages under sec. 83.03(1), Stats. Such aid may be provided once a municipality has begun work on a bridge project but not after the project has been completed. (Unpub.). 56-1982
County-wide comprehensive zoning ordinance
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
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
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
Under the provisions of sec. 59.97(5)(c), Stats., town board approval of a comprehensive county zoning ordinance must extend to such ordinance in its entirety and may not extend only to parts of such ordinance. 63-199
Driveways
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
Entitlement lands
Previous opinions on the distribution of payments in lieu of taxes discussed. (Unpub.). 16-1982
Fire department
Town having fire department must provide protection for county-owned property such as a landfill site, and in case of failure to do so shall be liable for services of any fire department responding to request to fight fire in such town. County in its discretion can reimburse town for reasonable costs of services provided to landfill site within town. 67-6
Law enforcement
Powers of town constable are largely statutory and include power to make arrests for violations of state traffic laws and enforce town traffic ordinances. Town board has only limited control over such officer and cannot restrict such officer's statutory law enforcement activities. Annual town meeting of electors establishes compensation in lieu of statutory fees. 68-254
National forest lands
County which has received payments from the federal government in lieu of taxes under sec. 1 of P. L.94-565, 90 Stats. 2662, cannot distribute such payments to the towns in which the national forest lands are located. 68-23
Open meetings
A town board is a "governmental body" within the meaning of the Open Meetings Law and is subject to its provisions, including the notice requirements of sec. 19.83 and 19.84, Stats. An annual town meeting is a meeting of the electorate. It is not a "governmental body" within the meaning of the Open Meetings Law, and therefore, notice under subch. IV, ch. 19, Stats., is not required. If an annual town meeting is held at a time other than on the first Tuesday in April, notice must be given as required by secs. 60. 17(2) and 60.13, Stats. Other Open Meetings Law notice requirements discussed. 66-237
Place where meetings are held
Whereas it is preferable to hold meetings of a town board in a public building such as a town hall, fire station or school building, such meeting can be legally held at the home of a town officer if proper notice is given and if the home is, in fact, reasonably accessible to members of the public during all times the meeting is in progress. 67-125
Property taxes
The statutes do not provide that town taxpayers may be granted special treatment for payment of property taxes even when a reassessment is not completed until shortly before the due date for payment of taxes. 68-163
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
