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
See also AUTOMOBILES AND MOTOR VEHICLES
County subsidy
Section 59.968(3), Stats., authorizes a county subsidy when a bus company operates a route which is principally located within the county. 65-191
Forest products
Section 348.15(3)(b)2. and (5r), Stats., discussed. 62-100
Mississippi River
State regulation prohibiting single-hulled barges and requiring double-hulled barges on the Mississippi River adjacent to Wisconsin would violate the Supremacy Clause of the United States Constitution. 75-176
Parochial schools
Funds made available through the Elementary Secondary Education Act may be used in dual enrollment programs to transport children from parochial schools to public schools and return. 65-126
School buses
See also SCHOOLS AND SCHOOL DISTRICTS
A motor vehicle used by a vocational school to transport students in extracurricular activities is not a school bus as defined in sec. 340.01(56), Stats. After June 30, 1977, the transportation of minors who are fulfilling their compulsory school requirements, to or from vocational school, must be done in school buses. (Unpub.). 54-1976
A school owned or operated automobile, used in casual and occasional transportation of school children to extracurricular activities is not a school bus as defined in sec. 340.01(56), Stats., and sec. 121.54(7), Stats., does not prohibit such use. 64-45
Students living less than two miles from school may not be transported by the school board at parental expense. 62-95
Students may have bus riding privileges suspended without being suspended or expelled from school. However, both public and private school students must be afforded due process as provided by sec. 120.13(1), Stats., before such suspension can take place. 63-526
Under secs. 121.54(7), 343.12 and 340.01(56), Stats., a school bus and school bus operator need only be provided for the transportation of those students engaged in the extracurricular activity of the school. Exceptions to the requirements of providing a school bus and school bus operator for the transportation of students discussed. 65-298
Truck weight limitations
Section 348.15(3)(b)2. and (5r), Stats., discussed. 62-100
VTAE Board
