(am) Paragraph (a)
does not apply to a municipality that, on March 1, 2004, was providing cable service to the public.
(b) Paragraph (a)
does not apply to a municipality if all of the following conditions apply:
On November 1, 2003, the public service commission has determined that the municipality is an alternative telecommunications utility under s. 196.203
A majority of the governing board of the municipality votes to submit the question of supporting the operation of a cable system by the municipality to the electors in an advisory referendum and a majority of the voters in the municipality voting at the advisory referendum vote to support the operation of a cable system by the municipality.
The department of financial institutions may promulgate rules interpreting or establishing procedures for this section and the department of agriculture, trade and consumer protection may promulgate rules interpreting or establishing procedures for sub. (8)
Except as provided in sub. (7) (e)
, a municipality, interim cable operator, or video service provider that is affected by a failure to comply with this section may bring an action to enforce this section. If a court finds that a municipality, interim cable operator, or video service provider has not complied with this section, the court shall order the municipality, interim cable operator, or video service provider to comply with this section. Notwithstanding ss. 814.01
, and 814.035
, no costs may be allowed in an action under this paragraph to any party.
The department shall enforce this section, except sub. (8)
. The department may bring an action to recover any fees that are due and owing under this section or to enjoin a violation of this section, except sub. (8)
, or any rule promulgated under sub. (3) (f) 4.
An action shall be commenced under this paragraph within 3 years after the occurrence of the unlawful act or practice or be barred.
History: 2007 a. 42
; 2009 a. 178
; 2013 a. 173
See also ch. DFI-CCS 20
, Wis. adm. code.
Access to video service. 66.0421(2)
(2) Interference prohibited.
The owner or manager of a multiunit dwelling under common ownership, control or management or of a mobile home park or the association or board of directors of a condominium may not prevent a video service provider from providing video service to a subscriber who is a resident of the multiunit dwelling, mobile home park or of the condominium or interfere with a video service provider providing video service to a subscriber who is a resident of the multiunit dwelling, mobile home park or of the condominium.
(3) Installation in multiunit building.
Before installation, a video service provider shall consult with the owner or manager of a multiunit dwelling or with the association or board of directors of a condominium to establish the points of attachment to the building and the methods of wiring. A video service provider shall install facilities to provide video service in a safe and orderly manner and in a manner designed to minimize adverse effects to the aesthetics of the multiunit dwelling or condominium. Facilities installed to provide video service may not impair public safety, damage fire protection systems or impair fire-resistive construction or components of a multiunit dwelling or condominium.
(4) Repair responsibility.
A video service provider is responsible for any repairs to a building required because of the construction, installation, disconnection or servicing of facilities to provide video service.
History: 1989 a. 143
; 1999 a. 9
; 1999 a. 150
; Stats. 1999 s. 66.0421; 2007 a. 42
Video service, telecommunications, and broadband facilities. 66.0422(1)(b)
“Local government" means a city, village, or town.
Except as provided in subs. (3)
, and (3n)
, no local government may enact an ordinance or adopt a resolution authorizing the local government to construct, own, or operate any facility for providing video service, telecommunications service, or broadband service, directly or indirectly, to the public, unless all of the following are satisfied:
The local government holds a public hearing on the proposed ordinance or resolution.
Notice of the public hearing is given by publication of a class 3 notice under ch. 985
in the area affected by the proposed ordinance or resolution.
No less than 30 days before the public hearing, the local government prepares and makes available for public inspection a report estimating the total costs of, and revenues derived from, constructing, owning, or operating the facility and including a cost-benefit analysis of the facility for a period of at least 3 years. The costs that are subject to this paragraph include personnel costs and costs of acquiring, installing, maintaining, repairing, or operating any plant or equipment, and include an appropriate allocated portion of costs of personnel, plant, or equipment that are used to provide jointly both telecommunications services and other services.
(3) Subsection (2)
does not apply to a local government if all of the following conditions apply:
On November 1, 2003, the public service commission has determined that the local government is an alternative telecommunications utility under s. 196.203
A majority of the governing board of the local government votes to submit the question of supporting the operation of the facility for providing video service, telecommunications service, or Internet access service, directly or indirectly to the public, by the local government to the electors in an advisory referendum and a majority of the voters in the local government voting at the advisory referendum vote to support operation of such a facility by the local government.
(3d) Subsection (2)
does not apply to a facility for providing broadband service to an area within the boundaries of a local government if any of the following are satisfied:
The local government asks, in writing, each person that provides broadband service within the boundaries of the local government whether the person currently provides broadband service to the area or intends to provide broadband service within 9 months to the area and within 60 days after receiving the written request no person responds in writing to the local government that the person currently provides broadband service to the area or intends to provide broadband service to the area within 9 months.
The local government determines that a person who responded to a written request under par. (a)
that the person currently provides broadband service to the area did not actually provide broadband service to the area and no other person makes the response to the local government described in par. (a)
The local government determines that a person who responded to a written request under par. (a)
that the person intended to provide broadband service to the area within 9 months did not actually provide broadband service to the area within 9 months and no other person makes the response to the local government described in par. (a)
(3m) Subsection (2)
does not apply to a facility for providing broadband service if all of the following apply:
The municipality offers use of the facility on a nondiscriminatory basis to persons who provide broadband service to end users of the service.
The municipality itself does not use the facility to provide broadband service to end users.
The municipality determines that, at the time that the municipality authorizes the construction, ownership, or operation of the facility, whichever occurs first, the facility does not compete with more than one provider of broadband service.
(3n) Subsection (2)
does not apply to a local government that, on March 1, 2004, was providing video service to the public.
Notwithstanding sub. (2)
, a local government may enact an ordinance or adopt a resolution authorizing the local government to prepare a report specified in sub. (2) (c)
If a local government enacts an ordinance or adopts a resolution that complies with the requirements of sub. (2)
, the local government must determine the cost incurred in preparing the report specified in sub. (2) (c)
. As soon as practicable after the local government generates revenue from a facility specified in sub. (2) (intro.)
, the local government shall use the revenues to reimburse the treasury of the local government for the cost determined under this subsection.
History: 2003 a. 278
; 2007 a. 42
Transient merchants. 66.0423(1)(a)
“Sale of merchandise" includes a sale in which the personal services rendered upon or in connection with the merchandise constitutes the greatest part of value for the price received, but does not include a farm auction sale conducted by or for a resident farmer of personal property used on the farm or the sale of produce or other perishable products at retail or wholesale by a resident of this state.
“Transient merchant" means a person who engages in the sale of merchandise at any place in this state temporarily and who does not intend to become and does not become a permanent merchant of that place.
Cities and villages, and towns not subject to an ordinance enacted under s. 59.55 (4)
, may, by ordinance, regulate the retail sales, other than auction sales, made by transient merchants and provide penalties for violations of those ordinances.
History: 1989 a. 301
; 1999 a. 150
; Stats. 1999 s. 66.0423.
Privileges in streets. 66.0425(1)
In this section, “privilege" means the authority to place an obstruction or excavation beyond a lot line, or within a highway in a town, village, or city, other than by general ordinance affecting the whole public.
A person may apply to a town or village board or the common council of a city for a privilege. A privilege may be granted if the applicant assumes primary liability for damages to person or property by reason of the granting of the privilege, is obligated to remove an obstruction or excavation upon 10 days' notice by the state or the municipality and waives the right to contest in any manner the validity of this section or the amount of compensation charged. The grantor of the privilege may require the applicant to file a bond that does not exceed $10,000; that runs to the town, village, or city and to 3rd parties that may be injured; and that secures the performance of the conditions specified in this subsection. If there is no established lot line and the application is accompanied by a blue print, the town or village board or the common council of the city may impose any conditions on the privilege that it considers advisable.
Compensation for a privilege shall be paid into the general fund and shall be fixed by the governing body of a city, village or town or by the designee of the governing body.
The holder of a privilege is not entitled to damages for removal of an obstruction or excavation, and if the holder does not remove the obstruction or excavation upon due notice, it shall be removed at the holder's expense.
Third parties whose rights are interfered with by the granting of a privilege have a right of action against the holder of the privilege only.
(6) Subsections (1)
do not apply to telecommunications carriers, as defined in s. 196.01 (8m)
, telecommunications utilities, as defined in s. 196.01 (10)
, alternative telecommunications utilities, as defined in s. 196.01 (1d)
, public service corporations, or cooperatives organized under ch. 185
to render or furnish gas, light, heat, or power, or to cooperatives organized under ch. 185
to render or furnish telecommunications service, but the carriers, utilities, corporations and associations shall secure a permit from the proper official for temporary obstructions or excavations in a highway and are liable for all injuries to person or property caused by the obstructions or excavations.
This section does not apply to an obstruction or excavation that is in place for less than 90 days, and for which a permit has been granted by the proper official. This section does not apply if a permit has been issued under s. 86.07 (2)
with respect to a manure hose, or written consent has been given under s. 86.16 (1)
with respect to a pipe or pipeline, transmitting liquid manure within or across the right-of-way of a highway.
This section applies to an obstruction or excavation by a city, village or town in any street, alley, or public place belonging to any other municipality.
Any person who violates this section may be fined not less than $25 nor more than $500 or imprisoned for not less than 10 days nor more than 6 months or both.
A privilege may be granted only as provided in this section.
When the plaintiff fell due to a depression in a street enclosed as a temporary sidewalk, the city, not the indemnitor contractor, was primarily liable since the contractor did no excavation in the street and its enclosing of the street did not cause the defect. Webster v. Klug & Smith, 81 Wis. 2d 334
, 260 N.W.2d 686
Open excavations in populous counties.
In a town, city or village in a county with a population of 500,000 or more no excavation for building purposes, whether or not completed, may be left open for more than 6 months without proceeding with the erection of a building on the excavation. If an excavation remains open for more than 6 months, the building inspector or other designated officer of the town, village or city shall order that the erection of a building on the excavation begin forthwith or that the excavation be filled to grade. The order shall be served upon the owner of the land or the owner's agent and upon the holder of any encumbrance of record as provided in s. 66.0413 (1) (d)
. If the owner of the land fails to comply with the order within 15 days after service of the order upon the owner, the building inspector or other designated officer shall fill the excavation to grade and the cost shall be charged against the real estate as provided in s. 66.0413 (1) (f)
. Section 66.0413 (1) (h)
applies to orders issued under this section. This section does not impair the authority of a city or village to enact ordinances in this field.
History: 1999 a. 150
Street barriers; neighborhood watch signs. 66.0429(1)(1)
The governing body of a city, village or town may set aside streets or roads that are not a part of any federal, state or county trunk highway system for the safety of children in coasting or other play activities, and may obstruct or barricade the streets or roads to safeguard the children from accidents. The governing body of the city, village or town may erect and maintain on the streets or roads barriers or barricades, lights, or warning signs and is not liable for any damage caused by the erection or maintenance.
A city or village which has a neighborhood watch program authorized by the law enforcement agency of the city or village and in which the residents of the city or village participate may, in a manner approved by the city council or village board, place within the right-of-way of a street or highway within its limits a neighborhood watch sign of a uniform design approved by the department of transportation. No sign under this subsection may be placed within the right-of-way of a highway designated as part of the national system of interstate and defense highways.
The governing body of a city may monitor or limit access to streets that are not part of any federal, state or county trunk highway system or connecting highway, as described in s. 84.02 (11)
, for the purposes of security or public safety. The governing body of a city may authorize gates or security stations, or both, to be erected and maintained to monitor traffic or limit access on these streets. The restriction of access to streets that is authorized under this subsection does not affect a city's eligibility for state transportation aids.
This subsection applies only to the city of Arcadia.
History: 1985 a. 194
; 1987 a. 205
; 1993 a. 113
; 1999 a. 150
; Stats. 1999 s. 66.0429.
Prohibiting operators from leaving keys in parked motor vehicles.
The governing body of a city, village or town may by ordinance require every passenger motor vehicle to be equipped with a lock suitable to lock either the starting lever, throttle, steering apparatus, gear shift lever or ignition system; prohibit any person from permitting a motor vehicle in the person's custody from standing or remaining unattended on any street, road, or alley or in any other public place, except an attended parking area, unless either the starting lever, throttle, steering apparatus, gear shift or ignition of the vehicle is locked and the key for that lock is removed from the vehicle; and provide forfeitures for violations of the ordinance. This section does not apply to motor vehicles operated by common carriers of passengers under ch. 194
History: 1991 a. 316
; 1993 a. 246
; 1999 a. 150
; Stats. 1999 s. 66.0431.
Licenses for nonintoxicating beverages.
A town board, village board or common council may grant licenses to persons it considers proper for the sale of beverages containing less than 0.5 percent of alcohol by volume to be consumed on the premises where sold and to manufacturers, wholesalers, retailers and distributors of these beverages. The fee for a license shall be not less than $5 nor more than $50, to be fixed by the board or council, except that where these beverages are sold for consumption off the premises the license fee shall be $5. The license shall be issued by the town, village or city clerk, shall designate the specific premises for which granted and shall expire the next June 30 after issuance. The full license fee shall be charged for the whole or a fraction of the year. No beverages described in this paragraph may be manufactured, sold at wholesale or retail or sold for consumption on the premises, or kept for sale at wholesale or retail or for consumption on the premises where sold, without a license issued under this paragraph.
If a place of business moves from the premises designated in the license to another location in the town, village or city within the license period, the licensee shall give notice of the change of location, and the license shall be amended accordingly without payment of an additional fee. A license is not transferable from one person to another.
No license or permit may be granted to any person, unless to a domestic corporation or domestic limited liability company, not a resident of this state and of the town, village or city in which the license is applied for, nor, subject to ss. 111.321
, to any person who has been convicted of a felony, unless the person has been restored to civil rights.
A town board, village board or common council may by resolution or ordinance adopt reasonable and necessary regulations regarding the location of licensed premises, the conduct of the licensed premises, the sale of beverages containing less than 0.5 percent of alcohol by volume and the revocation of any license.
Manufactured and mobile home communities. 66.0435(1)(am)
“Community" means a manufactured and mobile home community.
“Licensee" means any person licensed to operate and maintain a manufactured and mobile home community under this section.
“Licensing authority" means the city, town or village wherein a manufactured and mobile home community is located.
“Manufactured and mobile home community" means any plot or plots of ground upon which 3 or more manufactured homes or mobile homes, occupied for dwelling or sleeping purposes, are located, regardless of whether a charge is made for the accommodation.
“Manufactured home" has the meaning given in s. 101.91 (2)
and includes any additions, attachments, annexes, foundations, and appurtenances.
“Mobile home" has the meaning given in s. 101.91 (10)
and includes any additions, attachments, annexes, foundations and appurtenances.
“Person" means any natural individual, firm, trust, partnership, association, corporation or limited liability company.
“Recreational mobile home" means a prefabricated structure that is no larger than 400 square feet, or that is certified by the manufacturer as complying with the code promulgated by the American National Standards Institute as ANSI A119.5, and that is designed to be towed and used primarily as temporary living quarters for recreational, camping, travel, or seasonal purposes.
“Space" means a plot of ground within a manufactured and mobile home community, designed for the accommodation of one manufactured or mobile home.