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1 535 CITIES 62 .04

CITIES

62 . 03 First class cities excepted . (1) Thissubchapter, except ss 62 . .071, 62 . .08 .(1), 62 09(1) (e) and (11) (j), 62 175 and 62 23 (7) (em),does not apply to 1st class cities under' specialcharter

(2) Any such city . may adopt by ordinancethis subchapter or any section or sectionsthereof', which when so adopted shall apply tosuch city,

(3) The revision of the general charter law bychapter 242, laws of 1921 shall not affect theapplication of any provisions of the generalcharter previously adopted by any 1st class cityunder special charter, but such provisions shallas to such cities retain the same force andapplication as they had before the enactment ofchapter 242, laws of 1921

His tory : 19'77 c .. 154; 1 979 c 90 s . 2] ; 1979 c 221, 260,355 ; 1981 c 281 s 17 ; 1983 a 395, 532, 538

Legislative Council Note, 19 79 : [ As to sub . (3)] C h apter242, laws of 192 1 , recodified the general charter law as ch 62of the statutes . . Section 3 1 5 of chapter 242, laws of 1921, per-taining to the effect of the recodification on provisions of thegeneral charter previously adopted by any Ist class city, wasnot incorporated into the st atutes . This act incorporates sec-tion 315 of chapter 24 2, laws of 1921, into the statutes [ Bill458-A]

Milwaukee can adopt less than a section", i e., a subsec-tion or paragraph from ch 62 . State ex rel Cortex v Bd ofF & P Comm 49 W (2d) 130,181 NW (2d) 378 ..

See note to 66D1, citing 58 Arty Gen . 59

62 . 04 Intent and construction . It is declaredto be the intention of the revision of the citycharter `law, to grant all the privileges, rightsand powers, to cities which they heretofore hadunless the contrary is patent from the revision .For the purpose of giving to cities the largestmeasure of set :'-government compatible with

62 .01 Saving clause. That no inconveniencemay arise by reason of change of government ofcities from special charter to general charter, orby reason of the revision of the general charterlaw, it is declared that :

(1) All vested rights, pending actions andprosecutions, and existing judgments, claims,and contracts, both as to individuals andd bodiescorporate, shall continue as though no changehad taken place .

(3) Ordinances in force, so far as not incon-sistent herewith ; shall continue in f'or'ce untilaltered or repealed

(5) Nothing herein shall change the time forpaying taxes as provided in any special citycharter until the council shall by ordinancechangee the same to conform to general law .

62 . 02 Repeal of special charters .. All specialcharters for cities of'the 2nd, 3rd and 4th classesare hereby repealed and such cities are herebyincorporated under this subchapter ; The cityclerk shall forthwith certify the boundaries ofsuch city to the secretary of state, who shall filethe same and issue to suchh city a certificate ofincorporation as of the .date when this sub-chapter became effective, and record the same ..

History : 1977 c 151

CHAPTER 62

SUBCHAPTERIGENERAL CHARTER LAW

6201. Saving c l ause6202 R e p eall of specia l charters62 03 Fi rst cl ass cit i es excepted62 04 Intent and co n s tr uctio n.6205 Classes o f cities.62 .071 Annexa t io ns t o c ities of th e first c l ass ..6 2 075 D e tachme nt of farm la nds from c i t ies62 . 0 8 Alt erati o n o f a lderma nic distr icts .6209. O fficers6 2. 11 Common co u ncil6 2 . 115 D efen se o f off icers by c it y attor ney.62 .12 Fi nance62 . 1 3 Po li ce a nd f ire departme nt s .62, 1 35 Highway safety coord inator62 .14 Board of public wo rk s62 15 Publ icwork s62 155 , A cq u i si tion of recycl ing of resource recovery facili-

ties wi th o ut b i d s

SUBCHAPTERI

GENERAL CHARTER LAW

62 . 16 Street grades; service pipes .62 17 Enforcement of building codes .62 175 Sewer and water extensions in ls[ class cities ; sew-

age from other municipalities .62 . 18 Sewers . .62 185 Sewer district bonds62 19 Water and heat pipe extensions62 22 Acquiring property; opening or changing streets .62 225 Recycling or resource recovery facilities .62 23 City planning.62 , 23] Zoning of wetlands in shoielands ,62 . 234 Construction site erosion control and storm water

management zoning .62.25 Claims and actions.62 26 General provisions :

SUBCHAPTER IIPOLICE AND FIRE DEPARTMENTS IN CITIES OF

THE FIRST CLASS62 . 50 Police and fire departments in Ist class cities ..

Electronically scanned images of the published statutes.

annexation shall not occur except as providedin subs , (3) and (4) . All equalized valu e s sh a ll bedetermined by the department of revenue uponapplication by the city clerk . When more th anone school district i s involved in a proposedannexation , a separate determin ation shall bemade for each district involved .

(2) If' the common council wi she s to cons iderthe annexation petition ,, it shall direct the cityclerk to notify the clerk of each school di s trictconcerned and the secretary of the scho ol dis-trict boundar y appeal board that a petition forannexation , which will result in detachment ofmore than 20% of a school district , has beenfiled . Such notice shall be in writing and shalldescribe the territory proposed to be annexedand name the school district or district s fromwhich it will be detached .

(3) If the area to be annexed by such proposalincludes more than 20% of the equalized va lua-tion of a district , as determined by sub . (1) , thenthe electors residing in the remainder of suchschool district not included in the annexationpetition shall be afforded an opportunity todetermine whether such remaining area of thedistrict shall be included with the are a proposedto be annexed in the following m anner Theschool district clerk shall , within 20 da y s o freceipt of the report from the city clerk , call aspecial meeting of the district accordin g to s .120 08 (2) for the purpose of voting on thequestion : "Shall the remainder of SchoolDistrict No of the . . be included in theterritory and petition for annexation to the Cityof . ?„

YES O NO E]If' the referendum at the special district meetingis decided in the affirmative , such remainingschool district area shall be included within thecoverage of the description in the annex ationproposal and the annexation petition shallthereupon , without further notice , be consid-ered amended to include all ter ritory of theschool district and s 66 021 shalll be compliedwith for the entire area .

(4) If the vote at the school district referen-dum is negative , the annexation proceedings onthe original petition may continue in the samemanner as if ' less than 20 per cent of the dist r icthad been involved in the original petiti on .

History: 1975 c 200 ; 1983 ' a 27; 1983 a 275 s 1 S (2)

62.075 Detachment of farmlands from cities „(1) PROCEDURE . When land used for agricultura lpurposes of an area :of 200 '- acres- or morecontiguous to the boundary of any city , whetherof one or more farms, wh ich shall have beenwithin the corporate limits of such cit yy for 20years or more , and during all of said time shallhave been used exclusiv e l y for agricultura l put-

62.05 Classess of cities . (1) Cities shall bedivided into four classes for administration andthe exercise of corporate powers as follows :

(a) Cities of one hundred and fifty thousandpopulation and over shall constitute cities of thefirst class

(b) Cities of thirty-nine thousand and lessthan one hundred and fifty thousand popula-tion shall constitute cities of the second class .

(c) Cities of ten thousand and less than thirty-nine thousand population shall constitute citiesof'the third class

(d) Cities of less than ten thousand popula-tion shall constitute cities of the fourth class,

(2) Population of cities shall be determinedby the last federal census, including a specialfederal' census taken' of such city, except innewly incorporated cities when a census istakenas provided by law Cities shall pass from oneclass to another when such census shows thatthe change in population so requires, whenprovisions for any necessary changes in govern-ment are duly made, and when a proclamationof the mayor, declaring the fact, is publishedaccording to law .

62.071 Annexations to cities of the firstclass. (1) Except as provided in subs . (3) and(4), no petition for annexation to a city operat-ing its schools under ch 119 shall be consideredwhich will result in detachment of more than20% of the equalized value of 'a school district .Upon receipt of a petition for annexation thecity clerk shall determine in the following inan-ner whether the proposed annexation will resultin such detachment, The equalized value of theschool district shall be determined as of the dateof filing the petition for annexation The cityclerk shall add to the equalized value of theterritory proposed to be annexed, as of the dateof filing the petition for annexation, the equal-ized value as of the date of such detachment ofany territory detached within the 3 year's previ-ous to the filing of the annexation petition fromthe district in any manner, and the city clerkshall certify a copy of his or her determinationto the school district clerk and the secretary ofthe school district boundary appeal board . Ifthe total of such value exceeds 20% of theequalized value of the district as of the date offiling the annexation petition, the proposed

62.04 CITIES

the constitution and general law, it is herebydeclared that ss . 62 01 to 62 26 shall be liberallyconstrued in favor of the rights, powers andprivileges of cities to promote the general wel-fare, peace, good order and prosperity of suchcities and the inhabitants thereof .

See note to 111 70, citing City of BrookGeld v . WERC, 87W (2d) 819, 275 NW (2d) 723 (1979) .

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poses , the circuit court of the county in whichsuch land is situated shall enter judgment de-taching such land from such city and annexingit to an adjo ining town or towns, if' the provi-sions of this section shall havee been compliedwith .. Such detachment and annexation thereof 'shall . become effective for alll purposes on thefirst day of January next thereafter , and theprocedure therefor shall be substantially as pro-vided in subs , (3) and (4) There shall be noadjustment, assignment and, transfer of assetsand liabilities under s 66 .0 .3 , but thee detachedterritory shall continue to pay its proportionalshare ,, based on assessed valuation , of thebonded indebtedness of the - city at the time ofdetachment _

(2 ) LAND ELIGIBLE; "OWNER" DEFINED .. No

owner shall be eligible to sign a petition for thedetachment of any such territory unless he is theowner of . a parcel of land comprising at least 20acres . No such land shalll be detached from anycity unless the remaining territory of said cityshall be left reasonably compact and the bound-aries thereof left substantially regular ; pro-vided , that such determination shall be madewithout regard to the existence of " railroadrights of way , public utility easementss or publicor private highways traversing any part of suchlands and remaining within such city . . No landsshall be eligible for detachment where any pub-lic improvements havee been extended to orinstalled for the benefit of ' such lands As usedin this section, "owner" means the holder ofrecord of an estate in possession in fee simple,or for life, in land or real property, or a vendeeof' record under a land contract for the sale of anestate in possession in fee simple or for life butdoes not include thee vendor underr a - land con-tract A tenant in common or joint tenant shallbe considered such owner to the extent of hisinterest .

(3) HEARING; NOTICE, Whenn the owner orowners of all of the said lands of any such areafile a verified petition in the office of the clerk ofsaid court, setting forth the factss in accordancewithh subs (1) and (2) , the court shall make anolder: fixing the time of hearing thereof ' whichshall not be less than 60 nor more than 90 daysthereafter , and at least 40 days prior to said timefixed , notice of hearing of such petition shall beserved , on such city, town or towns and allowners found in this state of any land in sucharea , in the manner prescribed ins , 801 .. 12 . forthe service of a summons . . Said notice shall be insubstantially the following form :

Notice is hereby given that the petition ofwill be heard by the circuit court of _ county,at the court house , in the city of . . Wisconsin,on the day .of , 19 . . , at M , or as soonthereafter as counsel can . be heard . That said

petition prays for the detachment of ' the follow-ing area of' land from the city of . and annexa-tion to the town of . in accordance withsection 62 075 of the Wisconsin statutes , whicharea of land is described as follows :Dated .

(Petitioner's attorney) ,P .O , Address

(4) OBJECTIONS; DECISIONS . . The .city, town ortowns, owners of land in the vicinity, or ownersof any interest therein , if ' opposed to the pro-ceedings, shall , at least 15 days before the timeof hearing fixed by the order , file in the office ofthe clerk of circuit court and serve on thepetitioner's their verified objections to the grant-ing of' the prayer of the petition, specifying thegrounds of objections thereto . The proceedingsmay be adjourned or continued for cause . . Thei ssue raised by the petition shall be tried by thecircuit court upon the evidence submitted by thepetitioners and objectors; and witnesses shall becompelled to appear and testify as in other casesin circuit cou r t and the rules of evidence , prac-tice and procedure shall be the same .. Thecircuit court may render judgment under subs ..(1) and (2), detaching from the city and annex-ing to the town or towns the area , if the factsrequired by the subsections are proved by apreponderance of the evidence . If the facts arenot so proved , the petition shall be dismissed ..In the event of a contest , costs may be awardedto the successful party . .

( 5) NOTICE OF ENTRY OF JUDGMENT ; UPONWHOM SERVED . A certified copy of every suchorder shall be filed with the town and city clerkand with the county clerk and 4 copies with thesecretary of state , The secretary of state shallforward 2 copies to the department of transpor-tation and one copy to the department ofrevenue ,

(6) SCHOOL . DISTRICTS No lands detachedfrom any city pursuant to this section shall beeligible for detachment from any school district..

(7) PLATTED LANDS, land which has beenplatted may be detached , and any land detachedpursuant to this sectionshall not be eligible forplatting pursuant to ch . 236 unless re-annexedto the city ,Hi story : . Sup Ct. Order, 67 W (2d) 774; 1977 c 29 s

1654 (8) (c); 1977 c . 187 ; 1979 c 110s 60 (11) ; 1983 a. 219

62.08 Alteration of, aldermanic districts. (1)Within 60 days after the wardss have been read-justed under s . 5 . 15 ( 1) and (2) thee commoncouncil of every city, including any city of thefirst class , shall redistrict the boundaries of itsaldermanic districts, by an ordinance intro-duced at a regular meeting of the council,publi shed as a class 2 notice, under ch . 985 , andthereafter adopted by a majority vote of all the

1537 CITIES. 62 .08


members of the council, so that all aldermanicdistricts are as compact in area as possible andconta in ; as nearly as practicable by combiningcontiguous whole wards , an `equal number ofinhabitants according to the most recent decen-nial federal census of population .

(2) If new area is subsequently annexed toany city , the limitations of s 5 . . 1 .5 relating topopulation or area shall not apply t o the crea-tion of ' new - wards in the area annexed , or to theaddition of ' the area to an existing ward , but noward line adjustment may cross- the boundaryof an assembly distr ict ;

(3) Wheneve r the boundaries of aldermanicdistricts are altered , or new aldermanic districtscreated, every aldermanic district or ward of-ficer residing within the territory of a new oraltered' aldermanic district shall hold the samerespective office therein for the rem ainder of histerm ; and all other vacancies shall be filled asprovided by law for the filling of such vacancies.

(4) The common council of 'an ,y city may, by atwo-thi rds vote of all its members but not morefrequently than once in 2 years, increasee ordecrease the number of aldermanic districts orthe number of members of the city council , andin that case shall redistrict , readjust and changethe boundaries of; aldermanic districts, so thatthey are as nearly equal in population accordingto the most recent city-wide federal census aspracticable by combining contiguous wholewards . In redistricting such cities the originalnumbers of the' aldermanic districts in theirgeographic outlines shall as far as possible beretained , and the alder-manic districts so createdand those the boundaries of which are changedshall be in as compact form as possible ,

History: 1971 c 304, .336; 1973 c 12 ; 1979 c 260 ; 1981 c .4

62.09 Officers . ( 1 ) " ENUMERATION ANDCHANGE . (a) The officer s shall be a mayor ;treasurer, clerk, comptroller , attorney , engi-neer, one or more assessors unless the city isassessed by a county assessor under s '70 .. 99 ,one or more constables as determined - by thecommon council, a 'health commissioner orboard of health, street commissioner , a board ofpoli ce and fire commissioners, except i n citi eswhere not applicable, chief of ' police ; chief of thefire depac'tment, a board . of public works , aboacd' of'educafion or' of school commissioners ,except in cities where riot applicable , 2 aldermenfrom each aldermanic district , and such otherofficers or boards'as are created by law or by thecouncil . If one alderman from each aldermanicdistrict i s provided pursuant to s . 66 018 (1) , thecouncil may, by ordinance adopted by a two-thirds vote of all its members and approved bythe electors at the general or special election ,

provide that there shall be 2 aldermen fromeach aldermanic district ,

(b) The council by atwo-thirds vote , maydispense with the offices of ' street commissioner ,engineer , comptroller , constable and board ofpublic works, and provide that the dutiesthereof be performed by other officers or board,by the council or a committee thereof Thecouncil may, by charter ordinance, adoptedpursuant to s . 66.. 01 , provide that there shall beone alderman from each aldermanic district ..Any office dispensed with under this paragraphmay be recreated in like manner , and any officecreated under this section may be dispensedwith in like manner .

(c) A corporation or an independent contrac-tor may be appointed as the city assessor Thecorporation or independent contractor, so ap-pointed shall designate the per son responsiblefor the assessment . The designee shall file theofficial oath under s . 19 . . 01 , and sign the affid a -vit of the assessor attached to the assessmentroll under s 70 :49 ; No person may be desig-nated by an y corporation or independent con-tractor unless he or she has been granted theappropriate certification under s 73 Forpurposes of this subsection, "independent con-tractor " means a person who either is undercontract to furnish appraisal and assessmentservices or is customarily engaged in an inde-pendently established trade , business or profes-sion in which the service 's are offered to thegeneral public .

(d) Commencing with the 1977 elections andappointments made on and after January 1,1977 , no person may assume the office of cityassessor unless certified by the department ofrevenue under s ; 7.3 .. 09 as qualified to performthe functions of the of 'fice ' of assessor , If aperson who has not been so certified is electedto the office , the office shall be vacant and theappointing authority shall fill the vacancy froma list of persons so certified by the departmentof revenue .

(e) The office of' constable is abolished in 1stclass cities . . The duties of the constable in suchcities shall be performed by the sheriff of thecounty in which the city is located . .

(2) ELIGIBILITY . (a) No person shall be electedby the people to a city office who is not at thetime of his election a citi zen of the United Statesand of this state, and an elector of the city , andin case of an alder-manic district office, of thealdermanic district , and actually residingtherein .

(d) An appointee by the mayor requiring tobe confirmed by the council who shall be re-jected by _the council shall be ineligible forappointment to the same office for one yearthereafter

62.08 CIT IES 1538


ficers shall commence on May 1 succeedingtheir election unless otherwise provided by ordi-nance or statute . . .

(b) Except as otherwise specially providedthe regular term of elective officers shall be 2years . . A different tenure for such officers orany of them may be provided by charterordinance

(c) The council may, by a record vote of two-thirds of all the members , by ordinance adoptedand published previous to publication of thenotice of the election at which aldermen are tobe elected , provide for a division of the alder-men into two classes , one class to be elected fortwo years and the other for four years , andthereafter the term of aldermen shall be fouryears

(d) If any officer be incapacitatedd or absentfrom any cause the common council may ap-point some person to discharge his duties untilhe returns or, until such disability is removed .

(6) COMPENSATION ; (a) S alaries shall be paidthe mayor or aldermen only when ordered by avote . of three-fourths of all the members of thecouncil : Salaries heretofore established shall soremain until changed by ordinance ,

(b) Whenever such salaries are to be changedor established the council shall, not later thanthe first regular meeting in February, fix theamount of salary of each officer entitled to asalary who may be elected or ' appointed for adefinite term darling the ensuing year In citiesnewly incorporated the compensation of thefirst officers may be fixed during their terms ,

(c) Salaries shall be paid at the end of eachmonth unless the council shall at any regularmeeting by ordinance orde r payment at morefrequent intervals .

(7) GENERAL Pxovisiotvs . (a) The corporateauthority of the city shall be vested in themayor and common council . .

(b) Officers shall have generally the powersand duties prescribed for like officers of townsand villages, except as otherwise provided , andsuch powers and duties as are prescribed by lawand except as to the mayor shall perform suchduties as shall ' be ` required of them by thecouncil Officers whose powers and duties arenot enumerated in this subchapter' shall havesuch powers and duties as are prescribed by lawfor like officers or as are directed by the council . .

` (c) All officers and departments may makethe necessary' rules for the conduct of theirduties and incidental proceedings '

(d) The general laws for the punishment ofbribery, misdemeanors and corruption in officeshall apply to city officers .

(e) Whenever a city official in his officialcapacity proceeded against or obliged to pro-ceed before any court , board or commission, to

(3) MANNER OF CHOOSING . (a) The mayor andaldermen shall be elected by the voters ,

(b) The other officers except as provided ins .62 .: 1 .3 shall be selected by one of the followingmethods :

1 Appointment by the mayor .2 Appointment by the mayor subject to

confirmation by the council3 : Appointment by the ' council . .4 Election by the voters . .5 Selection under any of the above methods,

the selection to be made from an eligible listestablished under s 66 . 19 .

6 Such other officers sh all continue to beselected in the manner prevailing on April 15,1939, provided one of the above plans was inforce on that date . . Such method shall be contin-ued until changed in the manner provided by s .6601

(c) Any city may also proceed pursuant to s .66 01 to consol idate any such other office, oroffices .

(d) Whenever a city-is newly created theofficers other than those specified by par (a)shall be appointed by the mayor until providedotherwise pursuant to par (b)

(e) Appointments by the mayor shall besubject to confirmation by the council unlessotherwise provided by law ,

(4) QUALIFYING (a) Every person elected orappointed to any office shalll takee and file theofficial oath within . 10 days after notice ofelection or , appointment , except that electedassessors shalll take and file the official oathwithin. 5 days, before . June 1 . .

(b) The treasurer , comptroller , chief of policeand such others as the statutes or the councilmay direct, shall execute and file an officialbond in such sum ac the council may determine,with 2 or more sureties or suchh bond may befurnished, by a surety company as provided by s .632 17 (2) The council may at any time requirenew and additional bondss of an officer . Allofficial bonds must be approved by the mayor ;and when so approved shall be filed within 10dayss afterr the officerr executing the same shallhave been notified of election or appointment ,Official bonds filed with the city clerk, shall berecorded in a book kept for that purpose

(c) When an appointive officer has filed theoath , and bond if required , the clerk shall issueto him a certificate of appointment : If theappointment is to a board or commission theappointee shallfile , the certificate with the secre-tarythereof

(5) TERMS; svssniurES ; (a) The regular termof . office of mayor and alderman shall com ,mence on the 3rd Tuesday of April in the year oftheir election . The regular terms of other of=

1539 CITIES 62.09


(b) He shall keep a detailed account in suit-able books in suchh manner as the council shalldirect . He shall keep in a separate book anaccount of all fees received . . His books shall atall reasonable times be open to inspection .

(c) He shall each month at the first meeting ofthe council and as often as it shall require maketo the council a verified report of moneys re-ceived and disbursed and of the condition of ' thetreasury , Ten days before each regular cityelection he shall file in the clerk ' s office a fulland minute verified report of moneys receivedand disbursed, tax certificates , vouchers andother things of pecuniary value in his custody ,and of" all transactions of his office from thedate of ' the preceding like report .

(d) The treasurer may receive no compensa-tion except the salary fixed b y the council .. If thetreasurer sells property for the payment oftaxes, the treasurer may also receive any fee aconstable would receive for this service . Thetreasurer shall deposit all other fees he or shecollects into the treasuryy at the end of each day . .

(e) He shall deposit immediately upon receiptthereof the funds of the city in the name of thecity in the public depository designated by thecouncil ,. Such deposit may be in either a de-mand` deposit or in a time deposit, maturing innot more than one year Failure to comply withthe provisions hereof ' shall be prima faciegrounds for removal from office : When themoney is so deposited, the treasurer and hisbondsmen shall not be liable for such losses asare defined by s . 34,01 (2) The interest arisingtherefrom shall be paid into the city treasury .

(f) He may in writing , filed in the office of theclerk , appoint a deputy who shall act under hisdirection and in his absence or disability , or incase of' a vacancy shall perform his duties . Thedeputy shall receive such compensation as thecouncil shall provide . The acts of such deputyshall be covered by official bond as the councilshall . direct ,

' (g) The treasurer shall make partial appor-tionment up to 90% of levies by school districtsand vocational, technical ' and adult educationdistricts out of funds available from the districtlevies and in the city treasury prior to the taxapportionment provided by s 74,03 (5) within 5days after the filing of awriYten request by thedistrict board : The district board may notreceive more than one payment under this sub-section during any month ..

(gm) I , On or before . January 15 and Febru-ary I S and any other date : specified by thecommon council the treasurer shall also make apaymentt to the treasurer of any appropriatedistri ct : that has not received a payment ' underpas : (g) during that month _ That payment shallbe the proportion of the district's levy that the

defend or maintain his official position , orbecause of some act arising out of' the perform-ance of' his official duties, and he has prevailedin such proceeding , or the council has orderedthe proceeding discontinued , the council mayprovide for payment to such official such sumas it sees fit , to reimburse him for the expensesreasonably incurred for costs and attorney'sfees

(8) MAYOR, (a) The mayor shall be the chief 'executive officer : He shall take care that cityordinances and state laws are observed andenforced and that all city officers and employesdischarge their duties

(b) He shall from time to time give thecouncil such inform ation and recommend suchmeasures as he may deem advantageous to thecity , ` When present he shall preside at themeetings of the council .

(c) The mayor shall have the veto power as toall acts of the council, except such as to which itis expressly or by necessar y implication other-wise provided All such acts shall be submittedto the mayor by the clerk and shall be in forceupon app roval evidenced by the mayor ' s s igna-ture , or upon failing to approve or disapprovew i thin .5 days ,' which fact shall be certifiedthereon by the clerk . If the mayor disapprovesthe mayor ' s objections shall be filed with theclerk ; who shall present them to the council atits next meeting. A two-thirds vote of all themembers of ' the council shall then make the acteffective notwithstanding the objections of themayor . .

(d) Except in cities that have adopted s 62 13(6), he shall be the head of the fire and policedepartments, and where there is no board ofpolice and fire commissioners shall appoint allpolicemen, and he may , in any city , appointwatchmen to serve without pay, and in case ofriot or other emergency , appoint as many spe-cial policemenn as may be necessary.

(e) The council at its first meeting subsequentto the regular election and qualification of newmembers , shall after organization , choose f romits members a president , who , in the absence ofthe mayor, shall preside at meetings of thecouncil, and during the absence or inability ofthe mayor shall havee the power and duties of themayor , except that he shall not h ave power toapprove an act of the council which the mayorhas disapproved by filing obj ections with theclerk, He shall when so officiating be styled"Acting Mayor"

(9) TREASURER : (a) The treasurer shall collectall city ,, school , county and state taxes, receiveall moneys belonging to the city or which by laware directed to be paid to him, and pay over themoney in his hands according to l aw ,

62 .09 CITIES 1540


claim shall be considered by the council or bereferred to a committee until it has been soexamined and , repoxted on ,

(f) He shall countersign all contracts with thecity if the necess ary funds have been provided topay the liability that may be incurred there-under , and no contract shall be valid until socountersigned .

(g) He shalll each year make a li st of allcertificatess for the payment of which specialtaxe s are to be levied , in time for the same to bein serted in the tax roll, and certify itscorrectness , . .

(h) He may in writing , filed in the office of theclerk , appoint a deputy who shall act under hisdi rection and in his absence or disability, or incase of 'a vacancy shall perform his duties . . Thedeputy sh all receive such compensation as thecouncil provides The acts of such deputy shallbe covered by official bond as the councildirects ..

(11) CLERK (a) The clerkk shall have the c a reand custody of the corporate seal and all paper'sand records of the city . .

(b) He shall attend the meetin gs of the coun-cil and keep a full record of its proceedings . .

(c) He s hall enter at length , immediately afterit goes into effect , every ordinance in an "ordi-nance book ," with proof' of ' publication , date ofpassage and page of journal where final vote isrecorded He shall keep a record of all licensesand permits granted and record all bonds , inappropriate books . .

(d) He shall draw and sign all orders upon thetreasury in the manner providedd by s 66 . . 042,and keep a full account thereof in appropriatebooks . ' He shall carefully preserve all receiptsfiled with him .

(e) He shall keep an accurate account withthee treasurer and charge him with all tax li s tspresented to him for coll ection and with allmoneys paid into the treasury .

(f) He shalll keep all papers and records in hisoffice open to inspection at all reasonablehours ,

(g) By March I S he shall publish a s a class Inotice , under ch . 985, a statement showing thereceipts and disbursements as to each fundduring the preceding fiscal year . This shalll notapply to cities operating under s 64 . . 34 ..

(h) He shall have power to administer oathsand affirmations under these statutes

(i) He may in writing filed in his officeappoint a deputy , who shall act under his direc-tion, and in his absence or disability or in case ofa vacancy shalll perform his duties , andd shallhavee power to administer oaths and affirma-tions The. deputy shall r eceive such compensa-tion as the council shall provide . The clerk and

general property taxes collected in the city ,except collections for statee trust fund loans ,state tax and state special charges , up to the lastday of the preceding month bears to the totalgeneral property tax levy in the city for allpurposes except levies for state trust fund loans ,state tax and state special ch arge s

2 On or before January 15 a nd any otherdate specified by the common council the cit ytrea surer shall also pay under s '74.. 031 to theappropri ate district treasurer the proportion ofthe district's levy that the general property taxescollected : in the ;city up to the last day of thepreceding month , except collections for stat etrust fund loans, state tax and state specialcharges, bears to the total gener al property taxlevy in the city for all purposes except levies forstate trust fund loan s, state t ax and state speci a lcharges . The city treasurer may make thepayments required under this subdivision with-out authorization by the common council .

(h) He shall make partial appo rtionment , notexceeding 90% , of levies by vocational , techni-cal and adult education districts out of fundsavailable from such levies and in the city trea-sury prior to the tax appo rtionment providedby s. 74 ..0 .3 (5) uponn the filing of a writtenrequest by the vocational, technical and adulteducation district board stating that such ad-vances are needed to continue operating .

(10) COMPTROLLER (a) The comptroller shallmonthly report in writing to the council a t itsfirst meeting the condition of outstanding con-tracts and of each of the city funds and claim spayable therefrom, and shall each year on orbefore October first file with the clerk a detailedstatement of the receipts and disbursements onaccount of each fund of the city and of eachalder-manic district or other ' financial districtduring the preceding fiscal year , specifying thesource of each receipt and the object of eachdisbursement, and also an estimate of the re-ceipts, and disbursements for the current fiscalyear . .

(b) He shall each month , and as often asreported examine the treasurer 's accounts asreported and as kept ; and attach thereto areport to the council as to their correctness andas to any violation by the treasurer of his duty inthe manner of keeping accounts or disbursingmoneys . .

(c) He shalll examine each claim presentedagainst the city, and , determine whether it is inproper form, and if ' it is on contract, whetherauthorized and correct . For these purposes hemay swear witnesses and takee testimony . . If hefinds no objection he shall mark his approval onthe claim If he disapproves in whole or in part ,he shalll report to the council hi s reasons .. H eshall in all ca ses report evidence taken , . No

1541 CITIES 62 .09


his sureties shall be liable on his offic ial bondfor the acts of such deputy .

(j) The clerk shall notify the clerk of thecounty in which the city is located , by Match 15,of the proportion of property tax revenue andof the credits under s 79 10 that is to bedisbursed by the county clerk to each taxingjurisdiction located in the city ..

(12) ATTORNEY_ (a) Except as provided in s .120 49 (12) , the attorney shall conduct all thelaw business in whichh the city is interested .

(c) He shall when requested by city officersgive written legal opinions , which shall be filedwith the clerk .

(d) He shall - draft ordinances , bonds andother instruments as may be required by cit yofficers

(e) He shall examine the tax and assessmentrolls and other tax proceedings , and advise theproper city officers in regard there to .

(f) He may appointt an assistant, who shallhave power to perform his duties and for whoseacts he shall be responsible to the city ;` Suchassistant shall receive no compensation fromthe city , unlesss previously provided byordinance .

(g) The council may employ and compensatespecial counsel to assist in or take charge of anymatter in which the city is interested .

(13) POLICE (a) The chief ' of police shall havecommand of thee police force of the city underthe direction of the mayor . It is the duty of thechief ' to obey all lawful writtenn orders of themayor or common council . The chief ' and eachpoliceman shall possess the powers , enjoy theprivileges and be subject to the liabilities con-ferred and imposed b y law upon constable s,and be taken as included in all writs and papersaddressed to constables ; shall arrest with orwithout process and with reasonable diligencetake before the municipal judge or other propercourt every person found in the cit y engaged inany disturbance of the peace or violating anylaw of the state or ordinance of such city andmay command all persons present in that caseto assist , and if any person , being so com-manded, refuses or neglects to render assistancethe person shall forfeit not exceeding $10 Theyshall collect the same fees prescribed for sheriffsin s 81470 for similar services,

(b) The chief of police shall have charge of allcity jail s, including th at portion of any jailwhich is used by the city in a joint city-countybuilding .

(c) Every officer in charge of a jail shall keepa record concerning each person placed in suchjail , including his name , residence and descrip-tion, the time and cause of his confinement, andthe authority under which he was confined ; and

62 .11 Common : council. (1) How CoNSrt-rurED The mayor and aldermen shalll be thecommon council the mayor shall not becounted in determining whether a quorum ispresent at a meeting, but may vote in case of atie . When the mayor does vote in case of a tiehis vote shall be counted in determiningwhether a sufficient number of the council hasvoted favorably or unfavorably on anymeasure .

( 2) TIME OF MEEttNG . The council shall meetat leastt once a month, and on the first Tuesdayunless a different day be fixed by the council . .More frequent regular meetings may be estab-lished by the council, and the mayor may call aspecial meeting by written notice to each mem-ber delivered to him personally or left at hisusual abode at least six hours before the meet-ing. Following a regular city election the newcouncill shall first meet on the third Tuesday ofApril .

(3) PROCEDURE . (a) The council shall be thejudge of the election and qualification of itsmembers, may compel their attendance, andmay fine or expel for neglect of duty,

(b) Two-thirds of the members shall be aquorum, except that in cities having not morethan five' aldermen a majority shall" be a quo-rum A less number may compel the attendanceof absent members and adjourn, A majority ofall the members shall be necessary to a confir-mation . In case of a tie the mayor shall have acasting vote as in other cases .

62.09 CITIES 1542

when any person is released, the time of and theauthority for such release .

(d) The personnel required to comply with ss .53 41 and 53 42 shall be provided at the expenseof the municipality,

(15) CONSTABLES, A constable shall keep hisor her office in the city . No constable whokeeps his or her office outside the limits of thecity may receive fees for any, service performedduring the period the outside office ismaintained,

Hi story : 1971 c 154, 175 ; 1971 c . 304s . 29 (1) ; 1973 c 90,243 ; 1 975 c 21 , 3 9, 41 , 199,258; 19 75 c 37 5 s . 44 ; 1 975 c . 421 ;1 97 7 c . 29, 15 1 ; 19 '77 c 3 05 s 64 ; 1 979 c .34 , 221 , 25 1 ; 1 98 1 c .20, 3 17; 19 8 3 a 1 89 s 3 29 (2 1 ) ; 1 983 a 2 1 0 , 3 95; 1983 a 532ss 1 0 , 1 4

Cross Ret'erences : City attorn ey may not b e empl o yed b ycommon carr i er or pu bl ic ut i lity ; see 196 675

F or an alternative syst em of a pproving cla ims under ( 10),see 66 044..

S ee n o t e to 6 2. 15 , c i ting Sturzl C o n s t. C o ., Inc . v . City o fGreen B ay ; 88 W (2 d) 403, 2 76 NW ( 2d) 77 1 (1979)

Discu ssion of co nflicts arising from el ectio n of a schoolprinci p al t o th ee office of alderman 60 Atty G en 367 .

Alderma n and police officer hus b an d c o uld cont inue t ohold offi ces as l o n g as alder man d oes n ot vio lat e 946 . 13 ( 1)with respect t o p o l ice offic er's contra ct 63 Atty Gen . 4 3

P o l ice accountab il ity i n Wiscons in 19 74

WLR 1131


(c) Meetings shall be open to the public ; andthe council may punish by fine members orother persons present for disorderly behavior .- ; (d) The ayes and noes may be required by anymember . On confirmation and on the adoptionof any measure assessing or levying taxes , ap-propriating or disbursing money , or creatingany liability or charge against the city or anyfund thereof , the vote shall be by ayes and noes . .All aye and nay votes shall be recorded in thejournal .

(e) The council shall in all other respectsdetermine the rules of its procedure

(f) The style of a ll ordinances shall be : "Thecommon council of the city of do ordain asfollows" .

(4) PUBLICATION . (a) Proceedings of thecouncil shall be published in the newspaperdesignated under s 985 . 06 as a class I notice ,under ch . 985 : The proceedings for the purposeof publication shall include the substance o fevery official action taken by the governingbody .. . Except as provided in this subsection allordinances shall be published as a class I notice ,under ch . 985 , within 15 days of passage , andshall take effect on the day after i ts publicationor at a later date if expressly prescribed .

(b) All ordinances passed by the governingbody of any city of the second class betweenJanuary 1 , 1914 , and January 1 , 1924 , whichwere or may have been requited t o be publishedbefore becoming effective,' but which were notpublished, shall be valid to the same extent as ifthey had been published in the first instance, asrequired by law, providing said ordinances andall amendments thereto are printed in the offi-cial journal ' of'any such bod y together with therecord of the passage of the same; however, theprovisions of this paragraph shall not be ef 'fec-tive in any city unless the governing bodythereof shall so elect by a vote of two-thirds ofits members .

(5) POWERS, Except as elsewhere in the stat-utes specifically provided , the council shall havethe management and control of the cit y prop-erty , finances , highways , navigable waters , andthe public service, and shall have power to actfor the government and good order of the city ,for its commercial benefit, and for the health ,safety, and welfare of the public , and may carryout its powers by license, regulation, suppres-sion, borrowing of money, tax levy , appropria-tion, fine , imprisonment , confiscation , andother necessary or convenient means Thepowers hereby conferred shall be in addition toall other grants;, and shall be limited only byexpress language . .

Cross Reference : See 118 105 for control of traffic onschooll premises .

See note to 66 30, citing Village of McFa t land v Town ofDunn, 82 W (2d) 469, 263 NW (2d) 167

62.12 Finance . (1) FISCAL YEAR . The calendaryear shall be the fiscal year except that theschool year as defined in s 115 001 (13) shall bethee fiscal year for school districts operatingunder ch . 119 or subch II of ch , 120 . .

(2) BUDGET, Annually on or before Octobe r1 , each officer or department shall file with thecity clerk an itemized statement of disburse-ments' made to carry out the powers and dutiesof such officer or department during the preced-ing fiscal year, and a detailed st atement of thereceipts and disbursements on account of anyspecial fund under the supervision of such of-ficer or department during such year , a nd of thecondition and management of such fund ; alsodetailed estimates of the same matters for thecurrent- fiscall year and for the ensuing fiscalyear ; except that such statements and estimatesshall be reported to the city clerk on or beforethe 4th Monday in July of each year by theboard of school directors of the public s choolsoperating under ch . 119, and on or before the4th Monday in July of each yea r by the schoolboard of school districts operating und er subch .II of ch 120 ,

(3) ACCOUNTING . The cityy treasurer shallkeep separate all special funds , and the city

1543 CITIES 62 .12

S ee note to 144 025, ci t i ng Wis E n viro nmenta l D ecade,In c v DNR, 85 W (2 d ) 51 8 271 NW ( 2d) 69 (1978) .

See no te to 66 068, ci t i n g Schroeder v, C i ty o fCl i n t o n vi lle, 90 W ( 2d ) 4 57, 280 NW ( 2d) 166 (1979)

S u b (5 ) autho rized o rdin ance regu l ati n g m assage pa rlors .City of Madison v Schu ltz, 98 W (2d) 188, 295 NW (2d) 798(Ct . App . . 1 980 ). .

A city pro b abl y c an c o ntract with a county t o p rov ide f irepr o t ec tio n to a co unty instit ut io n located o uts i de of bo unda -ries of said city . 62 Arty Gen 84

Stat e sta tutory enabl i n g legis l a tion i s req uired to au tho-rize enac tm e nt of ty pical re nt control ordina n ces : 6 2 Att y ..G e n . 27 6

See note to 144 , 02 5, cit ing 63 Arty Gen 260C o nfl i cts betwee n s t at e s ta t u te a nd l ocal ordina n ce i n

W isco nsin 1 9 75 WLR 840.

62 .115 Defense of officers by city attorney .(1) The common council of any city, howeverincorporated, may by ordinance or resolutionauthorize the city attorney to defend actionsbrought against any officer or employe of suchcity or of any board or commission thereof',growing out of any acts done inthe course of hisemployment, or out of any alleged breach of hisduty as such officer or employe, excepting ac-tions brought to determine the right of suchofficer or employe to hold or retain his office orposition, and excepting also actions brought bysuch city against any officer or employe thereof .

(2) Nothing in this section contained, nor anyaction taken by any city or by any city attorneypursuant to the provisions of this section, shallbe construed to impose any liability, either forcosts, damages or otherwise, upon such city orcity attorney . .


proper official, and filed in time for payment onthe regular pay day ,

(9) LOANS The council may loan money toany school district located within the city , orwithin which the city is wholly or partiallylocated , in such sums as are needed by suchdistrict to meet the immediate expenses of oper-ating the schools thereof, and the board of thedistrict may borrow money from such city ac-cordingly and give its note therefor No suchloan shall be made to extend beyond August 30next following the making thereof ' or in anamount exceeding one-half ' of the estimatedreceipts for such district as certified by the s tatesuperintendent of public instruction and thelocal school clerk , The rate of interest on anysuch loan shall be determined by the citycouncil .

History: 1 .973 c . 9 0, 333 ; 1975 c . 39, 80, 180, 224, 353,421 ; 1977 c . 113 ss 3, 6 ; 1977 c . 142 ; 1977c 203 s 101 ; 1977 c .272, 418 ; 1979 c . 34; 1979 c: 175 s 51 ; 1981 c 20, 61, 93 ; 1983a 27 ; 1983 a . 189 s 329 (17); (21)

Cross Ret'erences: For action upon claims, see 62 25 and893 .80 .

For an alternative system of approving claims, see 66 . 044 .See note to 60 18, citing 62 Arty Gen . 49See note to Art , XI, sec 3, citing 63 Atty . Gen 465 ..

62.13 Police and fire departments. (1) CoM -MisstortERS Each cityy shall have a board ofpolice and fire commissioners consisting of 5citizens, 3 of whom shall constitute a quorum .The mayor shall annually, between the lastMonday of April and the first Monday of May,appoint in writing to be filed with the secretaryof the board, one member for a term of 5 years .No 'appointment shall be made which will resultin more than 3 member, of the board belongingto thee same political, party . , The board shallkeep a record of its proceedings .,

(2) EXCEPTION . (a) Subsections (1) to (6) shallnot apply to cities of less than 4,000 populationexcept by ordinance adopted by a majority ofall the members of the council .. A repealingordinance may be adopted by a like vote . .

(b) A city that creates a joint police or firedepartment with a .village under s . 61 .. 65. is notrequired to create a separate board of policeand fire commissioners under this section . . Thecity shall create a , joint board of commissionersto govern the joint department, as required in s .61 65 . If the city also creates one separateprotective services department in addition tothe joint protective services department, the cityshall create a separate board of commissionersto govern that department A city's joint boardof commissioners is subject to s 61 65 (3g) (d) .A ; city's separate board of commissioners issubject to this section.

(3) CHIEFS The board shall appoint the chiefof police and the chie f ~ of the fire department,who shall hold their offices during good behav-

clerk sh all keep a ' separate account with thegeneral fund for each officer or dep artmentthrough which disbursements are made fromthe general fund to carry out the powers andduties of such officer or departmen t The coun-cil shall examine and adjust the accounts of theclerk , treasurer and all other officers or agentsof the city after the same shall have been auditedby the comptroller .

(4) TAX LIMITATION The tax levied by thecouncil for any one year for municipal pur-poses , together with all other t a xes to be leviedfor any city purpose except as provided in s .67 035 , shall not exceed 3 S%, of the assesseddvalue of the real and personal property in thecity in that year, except that in addition a specialtax for school purposes not exceeding 8 mills onthe dollar of'such assessed value may be levied ,

(5) LICENSE MONEYS . .Moneys received forlicenses may be used for such purpose as thecouncil shall direct in the absence of specificappropriation by law .

(6) FUNDS; APPROPRIATIONS ; DEBTS (a) Un-less otherwise provided by law city funds sh allbe paid out only by authority of the council .,Such payment shall be made ' in the mannerprovided by s 66 .. 042;

(b) The council shall not appropriate nor thetreasurer pay out 1 . Funds appropriated by lawto a special purpose except for that purpose, 2 .Funds for any purpose not authorized by thestatutes , nor 3 From any fund in excess of themoneys therein

(c) No d ebt shall be contracted agains t thecity nor evidence thereof given unless autho-rized by a majority vote of all the members ofthe council

(7) CITY DEPOSITORIES, The council shall des-ignate the public depository or depositorieswithin thi s state with whichh city funds shall bedeposited, and when the money, is depositedd insuch depository in the name of the city, thetreasurer and bondsmen shall not be liable forsuch losses as are defined by s . 34 . 01 (2) . Theinterest arising therefrom shall be paid into thecity treasury . .

(8) CLAIMS . (a) All claims and demandsagainst the city shall be itemized and filed withthe clerk, who shall deliver the same to thecomptroll e r for examination the comptrollershall within 30 days thereafter examine suchclaimm or; demand and return the same to theclerk with hi s report thereon in writing,, whoshall place the same before the council foraction a t its nextt meeting ;

(b) Payment of regular wag es or salary pur-suant to the budget and sala ry schedule adoptedby the council may be by payroll , verified by the

62.1 2 CITI ES 1544


be suspended by the commission pending thedisposition of charges filed again st him .

(b) Charges may be filed again s t asubordinate by the chief, by a member of theboard , by the board as a body , or by anyaggrieved person . Such charges - shall be inwriting and shall be filed with the president ofthe board Pending disposition of such charg es ,the board or chief ' may suspend suchsubordinate..

(c) A subordinate may be suspended forcause by the chief or the board as a penalty . Thechief shall file a report of such suspension withthe commission immediatel y upon issuing thesuspension .. No hearing on such suspensionshall be held unless requested by the suspendedsubordinate .. If the subordinate suspended bythe chief requests a hearing bef ore the board ,the chief ' shall be required too file charge s withthe board upon which such suspension wasbased ,

(d) Following the filing of charge s in an ycase, a copy thereof ' shall be served upon theperson charged . The board shall set datee forhearing not less than 10 days nor more than 30days following service of charges . The hearingon the charges shall be public , and both theaccused and the complainant may be repre-sented by an attorney and may compel theattendance of witnesses by subpoenas whichshall be issued by the president of the board onrequest and be served as are subpoenas underch 885 ,

(e) If the board determines that the chargesare not sustained, the accused , if he has beensuspended, shall be immediately reinstated andall lost pay restored . If the board determinesthat the c harges are sustained , the accused , byorder of the board , may be suspended or re-duced in . cank , or suspended and reduced inrank, or removed, as the good of the servicemay require ;

(f) Findings and determinationss hereunderand orders of suspension , reduction, suspensionand reduction , or removal, shall be in writingand , if they followw a hearing , shall be filedwithin 3 days thereof ' with the secretary of theboard ,

(g) Further rules for the administration ofthis subsection may be made by the board

(h) No person shall be deprived of compensa-tion whilee suspended pending dispositionn ofcharges ,

(i) Any person suspended , reduced , sus-pended and reduced , or removed by the boardmay appeal from the order of the board to thecircuit court by serving written notice thereofon the secretary of the board within 10 daysafter the order is filed Within 5 da y s thereafterthe board shall certify to the clerk of the circuit

ior, subject to suspension or removal by theboard for cause ,

( 4) SUBORDINATES; REEMPLOYMENT (a) Thechiefs shall appoint subordinates subject toapproval by the board .. Such appointmentsshall be made by promotion when this can bedone with advantage,, otherwise f r om an eligiblelist , provided by examination and approval b ythe board and kept on file with t he clerk .

(b) Any person who , on June 23 , 1943 hasserved and acted as a full-time city police pa-trolman, patrolwoman or police officer per-forming the services by virtue of regular assign-ment therefor under the orders and supervisionof the chief ' of police of said cit y, and receivinghis or her salary on the regular official payrollof said police department for a continuousperiod of more than 10 years , although notregularly appointed from an eligible list , isdeemed to have been regularly appointed , a s ofthe time of the commencement of his or herservice .

(c) For the choosing of such list the boardshal l adopt , and may repeal or modify , rulescalculated to secure° the best service in thedepartments These rules shall provide forexamination of physical and educational quali-'fications and experience , and may provide suchcompetitive examinations as the board shalldetermine, and for the classification of posi-tions with special examination for each class ;The board shall print and distribute the rulesand all changes in them, at city expense .

(d) The examination shall be free for all U . S .citizens over 18 and under 55 years of age, withproper limitations as to residence , health and ,subject to -ss ' Tll 321 ; 111 . 322 and ]113 .35 ,arrest and conviction record . The examination,including minimum training and experience re-quirements, shall , be job-related in compliancewith appropriate validation standards and shallbe subject to the approval of the board and mayinclude tests of manual skill and physicalstrength All relevant experience, whether paidor unpaid, shall satisfy experience require-ments . The board shall control examinationsand may designatee andd change examiners, whomay or may not be otherwise in the officialservice of the city, and whose compensationshall ,be ,fixed by the board and paid by the city .Veterans shall be given preference points inaccordance with s . 230 .16 ( ' 7) .

(e) The council of any city of the 2nd, 3rd or4th class may providee that members of thepolice force shall be of both sexes . The fire andpolice commission shall select each police of-ficer from an eligible list .

( 5) DISCIPLINARY ACTIONS AGAINST SUBORDI-

NATES (a) A_ subordinatee may be suspended ashereinafter provided as a penalty . He may also

1545 CITIES 62.13


new positions shall be filled by persons on suchlist in the inverse order of the dismissal of suchpersons .

(6) OPTIONAL POWERS OF BOARD .. (a) Theboard of'' fice and police commissioners shallhave the further power :

1 . To organize and supervise the fire andpolice departments and to prescribe rules andregulations for their control and management . .

2 . To contract for and purchase all necessaryapparatus and supplies for the use of the depart-ments under their supervision , exclusive of theerection and control of the police and firestation buildings ,

3 . To audit all bills , claims and expenses ofthe fire and police departments before the sameare paid by the city treasurer

(b) The provisions of this subsectionn shallapply only if' adopted by the electors Whenevernot less than 30 days prior to a regular cityelection a petition therefor , signed by electorsequal in number to not less than 20% of thetotall vote cast in the city for governor at the lastgeneral election , shall be filed with the clerk , heshall give noticee in the manner of notice of theregular city election of a referendum on theadoption of this subsection . Such referendumelection shall be held with thee regular cityelection, andthe ballots shall conform with theprovisions of ss . 5 (2) and 10 . . 02, and thequestion shall be "Shall s 6213 (6) of thestatutes be adopted"?

(7) COMPENSATION The salaries of'chief's andsubordinates shall be fixed by the council Un-less the council otherwise provides, in cities ofthe 4th class rewards for the apprehension ofcriminals may be retained by the person entitledthereto . Such salariess when, so fixed may beincreased but not decreasedd by the councilwithout a previous recommendation of theboard . The council may provide that the sala-ries shall increase with length of service .

(7m) REST DAY . (a) The council of every cityof the fourth class shall provide for, and thechief of`the police department shall assign to,each policeman in the service of such city onefull rest day of ' 24 consecutive hours during each192 hours, except in cases of positive necessityby some sudden and serious emergency, which,in the judgment ofthe chief ' of police , demandsthat such day of rest not be given at such time .Arrangements shall be made so that each fullrest day may be had at such time or times as willnot impair the efficiency ofthe department

(b) The council ofevery city of the second orthird class shall provide for, and the chief of thepolice department shall assign to , each police-man in the service of such city 2 full rest days of24 consecutive hours each during each 192

court the record of the proceedings, includingall documents , testimony and minutes , theaction shall then be at issue and shall haveprecedence over any other cause of a differentnature pending in said court , which shall alwaysbe openn to the trial thereof '. The court shallupon application ofthe accused or of the boardfix a date of trial, which shall not be later than15 days after such application except by agree-ment . The trial shall be by the court and uponthe return of the board , except that the courtmay require further, return or the taking andreturn of further evidence by the board Thequestion to be determined by the court shall be:Upon the evidence was the order of the 'boardreasonable? No costs shall be allowed eitherparty and the clerk ' s fees shall be paid by thecity , If the order of the board is reversed , theaccused shall be forthwith reinstated and enti-tled to his pay as though in continuous service ..If the order ' of the board is sustained it shall befinal and conclusive .

(j) The provisions of par s (a) to (i) shallapply to disciplinary actions against the chief'swhere applicable . In addition thereto ] theboard may suspend a chief ' pending dispositionof charges filed by the board or by the mayor ofthe city .

(5m) DISMISSALS AND REEMPLOYMENT (a)When it becomes necessary , because of need foreconomy, lack of work or funds, or for otherjust causes, to reduce the number of subordi-nates, the emergency, special , temporary, part-time , or provisional subordinates , if any , shallbe dismissed first, and thereafter subordinatesshall be dismissed in the order of the shortestlength of service in the department, providedthat, in ` cities where a record of service ratinghas been established prior to January 1 , 1933 ,for the saidd subordinates , the emergency , spe-cial , temporary, part-time provisional subordi-nates, if any, shall be dismissed first, and there-after subordinates shall be dismissed in theorder of the least efficient as shown by the saidservice rating

(b) When it becomes necessary for such rea-sons to reduce the number of subordinates inthe higher positions or offices , or to abolish anyhigher ' positions n or offices, in the department ,the subordinate or subordinates affectedthereby shall be placed in a po sition or office inthe department less responsible according to hisefficiency and length of service in thedepartment

(c) The name of a subordinate dismissed forany cause set forth in this section shall be left onan eligible reemployment list for a period of ' twoyears after date of dismissal If any vacancyoccurs , or if the number of subordinates isincreased, in the department , s uch vacancy or

62 . 13 CITIES 1 5 46


provide for, and the governing powe r of'the firedepartment shall divide the full paid fire fight-ing force in the fire department into 2 or morebodies or p latoons . Each platoon sha l l work, orbe on duty, alternately an equal number ofhours or as nearly so as the governing power ofthe fire department of each such city decides,but no member of said platoon shall be on dutyfor a7onger continuous period of time than thegoverning power of the fire departmentdesignates, except in cases of positive necessityby some sudden and serious fire, accident, orothe r peril, which in the judgment of the chief'engineer or other officer in charge demands ..

(b) The hours of' duty of each member of thefire fighting force of the fire department in everycity of the first class shall be limited to 72 hoursi n any one week .. I f' any such department shal lbe on a platoon system of hours of duty, 12hours may be added to one of 2 successiveweeks and such period of time deducted fromthe previous or succeeding week, as the casemay be ,

(12) LEGISLATIVE INTENT . Section 62 .13 andchapter 589, laws of 192 1 , chapter 423, laws of19251 -arid chapter 586, laws of 1911, shall beconst rued as an enactment of state-wide con-cern for the purpose of providing a uniformregulation of police and fire departments . .

History: 1 971 c . 41 s. 12; 1 971 c . 21 3 s . 5 ; 1 9 75 c 94 ss26, 91 (5); 197 5 c 199 ; 1977 c. 20; 1977 c . 29 s. 1 65 4 (8) (c) ;1977 c 1 5 1, 1 8 2 , 1 9 6 ; 1 98 1 c 17 1 , 380 ; 1 9 8 1 c 390 s 252 ; 1981c 391's'21] .An amnesty agreement by a ci ty not to p rosecut e a fir eman

for st r ik i ng, ma de as pa rt o f the se ttl em ent o f the strik e, doesnot ba y a comp laint b y a ci tizen a llegi ng vio l a ti on b e c a use o fthe s trike Durkin v Boar d o f P o l ice & Fire C omm .. 48 W(2d) 112, 180 NW (2d) I

A written c harge of condu ct unb ecom i ng a n of fi cer fi ledby the chie f is s uffi cie ntl y sp eci fic wh e re th e off icer does no tobject at the hearing . The fac t th at o n e member of the b oardprej ud ged the , cas e is i mma t e rial where th e decision wasunanimous . State ex rel . Ri ch ey v . N ee nah Pol ic e & FComm . 4 8 W .(2d) 575, 180 NW ( 2d) 74 3

In 2pd a nd 3 rd c lass cit ies, mo nthl y com p ensa t io n fo rpu r poses of computi n g a pe n s ion do n o t i nc lude emp l oyercontrib u ti o ns t o th e pen sio n fund and h ealth an d l ife ins ur-a nc e Thes e items c anno t be inc luded by a collect ive barga in-i n g reement . State ex r eL Ma nit owoc v . P o li ce Pens i o n Bd56q

(2d ) 602,203 NW (2 d) '74Standby time req u i re d of municipa l p o licee by t h e issu ance

o f a ',' yell ow, aalert" und er whic h officers we re req u ired t ole ave their nam es, phon e numbers an d locati ons with the sta-tion h o use, were forbi dde n to leave th e city with o ut pe rmis-s ion, did not cons ti tute w o rk o r overtim e under (7n ), sincethe o fficer s were not co nf i n e d a t t he p ol ice s tatio n a nd, a l-th o u gh restricte d i n som e senses, were b as ica lly free to s pendthe standby time for thei r own pu rp oses Theun e v She boy -ga n, 67W (2d) 33, 226 NW (2d) 396 ..

Legis lativel y c rea ted agencies or boards s uc h as city po -lice a nd fi re commi ssi o n s have th e capaci ty to su e or be suedwhere such authority is necess ary to carry o ut an ex presspower or t o p er fo rm a n exp ress dut y ., or wh ere the acti o na r ises out of the pe rf o rm ance of statutory p owers or obli ga -ti o ns. Rac i ne Fire a nd Pol i ce C omm v St anfield , 70 W ( 2d )395 , 234 NW ( 2d ) .307 ,

R eview o f determin at ion s of fir e and p olice commi ssi onmay be had onl y by w ri t o f certi o r ari or by app eal p roced urepr ovid ed by le g isl a tu re sin ce such proce du re und e r (5 ) (i) isexclusi v e and conclu sive , :P a rty fai ling to commence certio-r ari pr o ceedi n g wi thin 6 m o nth s o f decis ion is guil ty of]aches. ` State ex rel Erik v . Mentkowski . 76 W (2d) 56 5 , 2 52NW (2d) 28

hours , except in cases of positive necessity bysome sudden and serious emergency , which , inthe judgment of the chief of police , demandsthat any such day of lest not be given at suchtime .. Arrangements shall be made so that eachfull rest day may be had at such time or times aswill not impair the efficiency of the department .This section shall not apply to villages to whichs , 61 . . 655 is applicable .

(7n) HOURS OF LABOR, the council of everycity of the second, third or fourth class , shallprovide for' a working day of nott more thaneight hours in each twenty-four except in casesof positive necessity by some sudden and seri-ous emergency, which, in the judgment of thechief ' of• police, demands : that suchh work dayshall be extended beyond the eight-hour periodat suchh time ; and when such emergency ceasesto exist , all overtime given during such emer-gency , shall be placed to the credit of suchpoliceman , and additional days of rest giventherefor ' . .

(8) FIRE DEPARTMENT The council may pro-vide by ordinance for either a paid or a volun-teer fire department and fo r the managementand equipment of either insofar as not other-wise. provided for by law. : In the case where acombination of paid and volunteer fire depart-ment is provided for, such city shall be reim-bursed by the department of transportation ,not to exceed $100 for any fire calls on a statetrunk highway or on any highway that is a partof the national. system of interstate highwaysand is maintained by the department oftransportation

(1Opl) RULES GOVERNING LEAVING CITY, Sub-ject to approval of the common council the firechief ' may establish rules requiring firemen toobtain permission before leaving the city .

(11 ) F IRE FIGHTERS, REST DAY . The commoncouncil of every city of the fourth class, having apopulation of five thousand or more and a firedepartment shall provide for, and the chief ofsuch fire department shall assign to each fullpaid: member thereof, a period of twenty-fourconsecutive hours off ; duty during each se venty-two hours; except in cases of positive necessityby some sudden and serious fire , accident orother peril ; which , in the judgment of the chief 'engineer or other officer in charge demands thatsuch day of ' rest be not given at such time Theprovisions of this: : section shall not apply tocities havingg a - two-platoon or double shiftsystem .

(11a) FIRE DEPARTMENT PLATOONS (a) Thecommon council, or other governing body ofevery city of the first, second and third class,whether organized under a general or specialcharter; having a paid fire department, ' shall

1547 CITIES 62. 13


(4 ) RULES FOR, BY COUNCIL. .. The council maymake such rules as the council deems proper ,not contravening this subchapter , for the gov-ernment of the board of publicc works and themanner in which the business of said boardshall be conducted :. .

(5 ) QUORUM; RECORD; REPORT . A majority ofthe board shall constitute a quorum for doingbusiness . They shall keep a record of all theirproceedings , which shall be open at all reason-able times to the inspection of any elector ofsuch cit y, and shall make a report to the councilon or before the first da y of March in each year,and oftener if' required .

(6) DUTIES AND Powers . (a) In general. Itshall be the duty of ' the board, under the direc-tion of the council ; to superintend all publicworks and keep the streets, alleys, sewers andpublic works and places in repair ,

(b) Unusual use of streets No building shallbe moved through the streets without a writtenpermit therefor granted by the board of publicworks , except in cities where the council shall,by ordinance authorize some other officer orofficers to issue a permit therefor ; said boardshall determine the time and manner of usingthe streets for laying or changing water or gaspipes, or placing and maintaining electric light ,telegraph and telephone poles therein ; pro-vided, that its decision in this regard may bereviewed by the council .

(c) Restoring streets . : In case any corporationor individual shall neglect to repair or restore toits former condition any street , alley or sidewalkexcavated , altered or taken up , within the timeand in the manner directed by the board , saidboard shall cause the same to be done at theexpense of said corporation or individual . Theexpense thereof , when chargeable to a lot own-er , shall be certified to the city clerk by theboard , and if not paid shall be carried into thetax roll as a special tax against the lot , .

( 7) RECORDS OF CITY ENGINEER . The city engi-neer'shall keep on file in his office, in the officeof the city clerk , a record of all his official actsand doings and also a copy of all plats of lots ,blocks and sewers embraced within the citylimits , all profiles of~ streets , alleys and sewersand of the grades thereof, and'of' all drafts andplans relating to bridges and harbors and of anybuildings belonging to the city ; and shall at thesame place keep a record of the location of allbench marks and permanent corner stakes fromwhich subsequent surveys shall be started ;which said records and documents shall be theproperty of' the city and open to the inspectionof parties interested , and shall be delivered overby said engineer to his successor or to the boardof' public works . Whenever requested , the engi-

62 .. 14 Board of public works. (1) How coN -sltrurED; TERMS There shall be a departmentknown as the "Board of Public Works " toconsist of 3 commissioners . In cities of the 2ndcla ss the commissioners shall be appointed bythe mayor and confirmed by the council at theirfirst regular meeting or as soon thereafter asmay be The members of the first board shallhold their offices , 1 , 2 and 3 years , respectivel y,and thereafter for .3 years or until their succes-sors are qualified . . In all other cities the boardshall consist of the city attorney , city comptrol-ler and cit y engineer The council , by a two-third s vote , may determine that the board ofpublic works shall consist of other public of-ficers or° persons and provide for the election orappointment of the members thereof', or it may ,by a like vote, dispense with such board , inwhich case its duties and powers shall be exer-cised b y the council or~ a - committee thereof, orby such officer, officers or boards as the councildesignates . The words "board of public works"wherever used in this subchapter shall includesuch officer, officers, ' or boards as shall bedesignated to discharge its duties .

(2) ORGANIZATION . The members of theboard of public works shall , on the first Tues-day in May of each year , choose a president ofthe board from their number , and in cities of thefirst class a secretary; in other cit ies the cityclerk shall be° the secretary of thee board byvirtue of his office .

(3) COMPENSATION The commissioners ofpublic works in cities of the second class shallreceive a salary, but in all other cities thesalaries of the attorney, comptrolle r and engi-neer respectively shall be in full for their servicesas members of such board .

62 .1 3 CITIES

A la b or co n tract under 111 70 m ay l im i t t he sco pe of t h ep o lice c h ie f's discretion u n d er ' 62 . 13 (4) (a) . Gle nda le Pro f .Po lic eme n "s A sso v Glendale , 8 3 W (2d) 90, 264 NW ( 2d )S9 4 (1 978) .

By imp osi n g arb i tr ary a n d c apric i o us pen al ty, boa rd ex-cee ded i t s j urisd ic ti o n . State ex rel Smits v C i t y o f D e P ere,1 04 W (2d) 26, 310 NW (2d) 60 7 (1981)

Probationary officer h ad neit he r co n s t i tutional nor statu-tory right t o statement o f s pecifica tio n s a nd hearing o n ci ty'sdeci si on no t to retai n him . K aiser v . Bd o f P o l ice & F i reCommts 1 04 W (2 d ) 498. 311 NW (2d) 64 6 (1 9 8 1 ) .

Ci tize nsh ip requirement, for peace officers is con s t itu -tion al , 65 Airy Gen . 27 3 is wi thdrawn. 68 Atty . G en . 61

Police acco u nta bil i ty in Wisco n sin 1 97 4 WLR 11 3 1

62.135 Highway safety coordinator . I n citieswith a population of 150,000 and more, themayor may appoint a city highway safety coor-dinator who shalll be a member of the cityagency or commission responsible for trafficaccident analysis :and traffic safety related mat-ters . The commission or agency shall meet atleast quarterly to review city traffic accidentdata and other traffic safety related matters .

History : 1983 a 2 9 1

1548


(3) ADVERTISEMENT FOR BIDS . After the plans,specifications and form of contract ' have beenprepared , the board of public works shall a d-vertise for proposals for doing such work bypublishing a class 2 notice , under ch . 985 . Nobid shall be received unless accompanied by acertified check or a bid bond equal to a t least5% but not more than 10% of the bid payableto the city as a guaranty that if his bid isaccepted he will execute and file the propercontract and bond within the time limited bythe city . If ' the successful bidder so files thecontract and bond , upon the execution of thecontract by the city the check shall be returned .In case he fails to file such contract and bondthe amount of the check or bid bond shall beforfeited to the city as liquid ated damag e s . . Thenotice published shall informm bidders of thisrequirement .

(4) SURETIES, JUSTIFICATION The suretiesshall justify a s to their responsibility and bytheir several affidavits show that they are worthin the aggregate at least the amount mentionedin the contract in property not by law exemptfrom execution' A certified check in amountequal to five per cent of the bid , and a provi sionin the contract for the retention by the city oftwenty per cent of the estimates m ade from timeto time may be accepted in pl ace of sureties ..

(4m) SUBSTANTIAL, COMPLIANCE . I f any certi-fied check or bid bond is in sub stantial compli-ance with the minimum guar anty requirementsof subs , (3) or (4) , the letting authority may, inits discretion , accept such check or bid bondand allow suchbidder 30 day s to furnish suchadditional guaranty as may be required by saidauthority . Substantial compliance hereundermay be found if said check or bond is in s uffi-cient by not more than one-fourth of one percent of the- bid .

(5) REJECTION OF sins . The power to rejectany and all bids shall exist unle ss expresslywaived . . The board of public works may rejectany and all bids , if , in their opinion , any combi-nation has been entered into to prevent freecompetition .. The council ma y, if it be of theopinion that any of the bids are fraudulent,collusive, excessive or against the bes t interestsof the city , by resolution adopted b y two-thirdsof its member s, reject any or all of thee bidsreceived and order the work done by the citydirectly under the supervision of the board ofpublic wo rks and s . 61,54 (2) and (3) shall applyto the performance of -such work .

( 6) INCOMPETENT BIDDERS .. Whenever anybidderr shall be , in the judgment of said board ,incompetent or otherwise unreliable for theperformance of the work on which he bids , theboard shall report to the council a schedule of

62.15 Public works. (1) CONTRACTS ; HOW LETAll public construction , the estimated cost ofwhich exceeds $5,000 , shall be let by contract tothe lowest .responsible bidder; all other publicconstructionn shall be let as the council maydirect . The council may also by a vote of th ree-fourths of all the members-elect provide byord inance that any class of public constructionor any part thereof' may be done directly by thecity without submitting the samee for bids .:

(18) ESCALATOR CLAUSES . . Contracts may in-clude escalator clauses providing for additionalcharges f~r labor and materials if as a result of'general inflation the rates and prices of the sameto the contractor increase during performanceof the contr act Such escalator provision shallbe applicable to all bidders and shall not exceed15 per cent of' the amount of the firm bid nor the

' amount of the increase paid by the contractor .Each bid on a contract which i s to include anescalator provision shall be accompanied b y aschedule enumerating the estimated rates andprices of items of labor and materials used inarriving at the bid Only as to such items as areenumerated shall an increased charge be al-lowed the contractor

( 1 b) EXCEPTION AS 70 PUBLIC EMERGENCY .

The provisions of sub (1) and s 144 , 04 are notmandatory for' the repair and reconstruction ofpublic facilities when damage or threateneddamage thereto creates an emergency , as deter-

' mined by resolution of the board of publicworks or board of public utility commissioners ,in which the public health or welfare of the cit yis endangered Whenever the cit y council deter-mines by majority vote at a regularr or specialmeeting that an emergency no longer exists , thissubsection no longer applies . .

(1C)` INCREASED QUAN7IIY CLAUSES Contractsmay include clauses providing for increasing thequantity of construction required in the originalcontract by an amount not to exceed 15 per centof the original contract price

(2) PLANS; CONTRACT ; BOND When the workis required or directed to be let to the lowestresponsible bidder; the board ' of public worksshall prepare plans and specifications for thesame , containing a description of the work, thematerials to be used and such other , matters aswi ll give an intelligent idea of the work requiredand file the same with the cit y clerk for theinspection of bidders , a nd shall also prepare aform of contract and bond with sureties re-quired; and furnish a copy of the same to allperson s desiring to bid on the work

1549

neer shall make a report of alll doings of hisdepartment to the board of public works

History : 1977 c 151

CITIES 62 . 15


all the bids for such work , together w i th arecommendation to accept the bid of the lowestresponsible bidder , with their reasons ; andthereupon the council ma y direc t s aid boardeither to let the work to such competent andreliable bidder or to readvertise the s ame ; andthe failure to let such contract to the lowestbidder in compliance with this provision shallnot invalidate such contract or any specialassessment made to pay the lia bi l ity incurredthereunder .

( 7) PATENTED MATERIAL OR PROCESS . Anypublic work , whether chargeable in whole or inpart to the city, or to an y lot or lots or parcels ofland therein, may 'be done by the use of apatented article , materials or process , in wholeor in part, or in combination with articles ,materials, or processes not patented , when thecity shall have obtained from the owner of thepatented article, materials or process , beforeadvertising for bids for such work , an agree-ment to furnishh to any contractor , desiring tobid upon such work as a whole, the right to usethe patented article , materials and proces ses inthe construction of said work , and also tofurnish to any contractor the patented articleitself' upon the payment of what the authoritiesof said city charged with theduty of letting acontract for such public work shall determine tobe a reasonable price therefor, which price shallbe publicly stated and furnished upon applica-tion to any contractor desiring to bid on saidwork .

( 8) ALTERNATIVE PLANS AND SPECIFICATIONS .Different plans and specifications for any pub-lic work may be prepared by the proper authori-ties requiring the use of different kinds of' mate-rials , whether patented or not , thereb y bringingone kind of article , material or process in com-petition with one or more other kinds of arti-cles, materials or processes designed to accom-plish the same general purpose, and bidsreceived for each such kind of article , materia lor process , and thereafter a contract let for onekind of article , material or process ; provided ,that before anyy contract is let all the bid sreceived shall be opened , and considered beforethe kind of article or process to be used in suchwork shall be decided upon by the proper cityauthorities, and thereupon the proper city au-thorities shall first determine which kind ofarticle ,, material or process shalll be used in thework , and the contract shall belet to the lowestresponsible bidder for the kind of article, mate-rial or process so selected for us e i n the pro-posed public work .

(9) Gu AxaNiY Any contract for doing pub-lic work may contain a provision requiring thecontractor to keepp the work done under such

contract in good order or repair for not toexceed five years . The inclusion in the contractof anv such provision shall not invalidate anyspecial asse ssment or certificate ther'eof' o r taxsale certificate basedd thereon .

(10) ESTIMATES ; DEPOSIT ; DEFAULT; COMPLE-rioN As the work progresses under any con-tract for the performance of which a suretybond has been furnished , s , 66 . 29 (9) (b) shallapply . All contracts shall contain a provisionauthorizing such board , in case the work underany contract is defaulted or not completedwithin the time required; to take charge of orauthorize the surety to take charge of ' the workand finish it at the expense of the contractor andthe sureties , and to apply thee amounts retainedfrom estimates to the completion of thee work .In no case shall the 5% deposit described in sub ..(4) be returned to a successful bidder until thecontract is performed ; but it, together with theretained amounts , s hall be used in whole or inpart to complete the work , Any amount re-maining from the depositt or from retainedestimates after the completion of a contr actshall be paid to the contractor . .

(11) STREET OBSTRUCTION . All contractorsdoing any work which shall in any mannerobstruct the streets or sidewalks shall put upand maintain barriers and lights to preventaccidents , and be liable for all damages c ausedby failure so to do All contracts shall contain aprovision covering this liability , and also aprovision mak ing the contractor liable for a lldamages caused by the negligent digging up ofstreets, alleys or public grounds, or which mayresult from his carelessness in the pro secution ofsuch work .

(12) CONTRACTS; HOW EXECUTED . All con-tracts shall be signed by the mayor and clerk ,unless otherwise provided by resolution or ordi-nance, and approved as to form b y the c i tyattorney . No contract shall be executed onthepart of the city until the comptroller shall havecountersigned the same and m ade an indorse-ment thereon showing that sufficient funds arein the treasury to meet the expense thereof, orthat provision has been made to p ay the liabilitythat will accrue thereunder ,

(14) REPORT TO COUNCIL OF NONBID CON-

TRACTS . Whenever the council of any city shallhave provided by ordinance that any class ofpublic work or any part thereof may be donedirectly by the city without submitting the samefor bids as provided in sub . (1), and any suchpublic work shall be done in accordance withsuch ordinance , the board of public works shallkeep an accurate : account of the cost thereof ,including the necessary overhead expense .Upon the completion of ' such work said board

62.15 CITIES 1550


such grades and all alterationss ther 'eof' shall berecorded by the city clerk No street shall beworked until the grade thereof' is establishedandd recorded in the manner herein set forth

(2) SERVICE PIPE . (a) Expense .. Whenever thecouncil , department of transportation , orcounty board shall declare its intention to im-prove any street in which water , gas , or heatmains and sewers , or any of them , shall havebeen previously laid or are to be laid the councilshall also by resolution require water , hea t ,sewer and gas service pipes to be first laid insuch street , at the cost of the property frontingtherein , except as herein provided , from thesewer , water , heat and gas mains in such streetto the curb line on either or both sides thereof ',at such intervals as the council shall direct alongthat part of ' said street to be improved , except atstreet and alley crossings . Such work may bedone by contract or by the city directly withoutthe intervention of a contractor , under thesupervision of the board of public works, or inthe case of service pipes of a municipal ownedutility under the supervision of the board orofficerss charged withh the management of suchutilityThe board or officers under whosesupervision such service pipes shall be l aid sh allkeep an accurate account of the expenses ofputting in the same in front of' each lot or parcelof land, whether the work be done by contractor otherwise , and report the same to the comp-troller who shall annually prep are a statementof the expenses so incurred in front of e a ch lotor parcel of land , and report the same to the cityclerk, and the amount therein charged to eachlot or parcel of land shall be by such clerkentered in the tax roll as a special tax a gainstsaid lot or parcel of land, and the same shall becollected in all respects like other t axes uponreal estate ,

(b) Public service corporation ., Whenever thecouncil , department of transportation- orcounty board shall declare its intention to im-prove any street in which water or gas mains ofany privately owned public utility sh all havebeen previously laid or are about to be l a id thecouncil shall by resolution require , subj ect toreview as provided ins 196 .. 58 ., water and gasservice pipes to be first laid in such street , at thecostt of' sueh utility, unless the f r anchise of suchutility otherwise provides a s to the cost, fromthe main to the curb line on each side thereof, atsuch intervals as the council shall direct , a longthat part of said street so to be improved , exceptat street or alley crossings , and may , subject tosuch review , fix a reasonable time within whichsuch work shall be done by the utility ,. Notice ofsuch requirement shall thereupon be given tosuch utility by delivering a copy thereo f to thesuperintendent , or agent in charge thereof , re-

shall make a complete report thereof to thecouncil, stating in detail the items of cost andthe tota l cost of doing such work, and the cityc l erk shall publish such report as apart of theproceedings of the council . Any member of'theboard of public works who fails tocomply withthe provisions of this. subsection shall be liableto a forfeiture of fifty dollars to be recovered asin case of other penalties .

History : 1975 c 2 44, 39 0, 4 2 1Wh e n w ork has bee n p er formed for a municipa l i t y under a

contract which is ma lum p tohibitu m and not mal um i n se,which co ntr act is entered in t o in goo d f aith and is devoi d ofa ny bad fai th , fraud, o r c o llusio n, and where the sta t u te i m -po ses no pena l ty , a caus e of act ion b as ed upo n th e e quit abl edoctrine o f unj ust enr ichment can b e mai ntain ed The mea-sure o f damages sh ould be limited by at l east 2 factors : ( 1 )Rec ov e ry sh o u ld be l imit ed to a n amo u n t whi c h representsthe actua l c ost to the pl a int i ff, with o ut allo w i n g p rofit s i n-clud i ng over h ead expens e , and ( 2 ) in no event sho uld it ex-ceed the un it cos t of t he origina l contrac t ; and su bjec t tothese limitations, any recovery wo uld be lim i ted to the valu eof the actua l ben e fit con ferre d , as dist ing uis h e d from th e rea-sonable valu e of the w o rk p erfo rm ed and m ater ia l s furn ishedby th e contractor or vend o r , as the c as e may be . Blum vHills b ora, 49 W (2d ) 667, 183 NW (2d ) 47

Where a . contr act esta blis h es a " unitt price" for workdone, with onl y a n estima te of the to ta l , ex ce ss wor k m ay bepaid for without regard to the 15% limitati o n i n (ic) Go tt -schalk B ros, In c v Wausa u, 56 W (2 d) 8 4 8, 203 NW (2d )SaoMayor may not ve to c o uncil acti o n or i na ction o n pub li c

work s cont racts: Stuuzl Co nst . Co ., In c. v . C i ty of-GreenBay, 88 W (2d ) 4 03, 276 NW (2d) 771 ( 1979)

Cit y ca n not wa ive liquid a t e d dam ages unde r (3) Award,accepta nc e and ex ec ution . of pub l ic contracts d isc ussed . Ci tyof M ec rill v We nzel Brothers, Inc 88 W (2d) 676, 2 77 NW(2d)'799 ( 1979)

Re covery fo r value o f services furn ish ed wi th o ut co mpli -anc e with st a tutor y bidding req u i rements Redmond, 55MLR 3 97 .

62 . 155 Acquisition of recycling or resourcerecovery facilities without bids. A city maycontract for the acquisition of any element of arecycling or resource recovery facility withoutsubmitting thee contract for bids as requiredunder s 62,15 if the city invites developers tosubmit proposals to provide a completed pro-ject and evaluates proposals according to site,cost, design and the developers' experience inother similar projects.

History: 1 98 3 a 425

62.16 Street grades ; service pipes . (1)GRADE (a) Establishment, damage . The councilshall have authority to establish the grade of allstreets and alleys in the city, and to change andreestablish the same as it deems expedient ..Whenever at changes or alters the permanentlyestablishedd grade of any street any personthereby sustaining damages to his property onsuch street may have such damages set offagainst any special assessment levied against hisproperty for any, public improvement made inconjunction with such grade change or maymaintain an action to recover such damages .

(b) Record. The grade of all streets shall beestablished and described, and the adoption of

1 55 1 CITIES 62.16


(1) Requiring the owner of r e al e s t a te subjectto any building code to maintain with theregister of deeds a current listin g of such own-er's address and the name and address o f anyperson empowered to receive service of proces sfor such owner Any changes of names oraddress in such listing sh all be rep orted within10 days of such change . This subsection doe snot apply to owner-occupied one- and 2-familydwellings .

(2) Es t ablishing as sufficient notice ' to anowner' that a building inspector or agency en-trusted with the enforcement of the buildingcode has found a violation of any applicablebuilding code , if' the building inspector or'agency , after making an unsuccessful attempt ofpersonal service during da ytime hours at thelatest address listed with the register of deeds asthat of' the owner or agent of the owner , there-after sends such notice by certified m a il to theaddress noted and in addition posts a copy ofthe notice in a conspicuous place in or about thebuilding where such violation exi s t s If theowner has not filed under sub . (1) with theregister of deeds a current addres s or name andaddress of 'a person empowered' to receive ser-vice of process , then posting of a notice ofviolation on the premises and certified mailingsuch notice to the l ast-known addr e ss of theowner as well as to the address of the premisesin violation shall be deemed sufficient notice tosuch owner that a violation has been found . .

(3) That when ` notice of a violation of thebuildingg code which is found by a buildinginspector or agenc y entrusted with the enforce-ment of' the' building code is made according tosub .. (2) , such notice shall be effective notice toanyone having an intere st in the premises ,whether recorded or not, a t the time of thegiving of such notice ; and s hall b e effectiveagainst any subsequent owner of the premisesas long as the violation remains uncorrectedand there exists a copy of the notice of violationin a public file maintained - by the local agencycharged with enforcement of the building .codes .

(4) Requiring an owner to give notice to anyprospective purchaser that a notice has beenissued concerning a building violation, wherethe condition giving rise to 'the notice of viola-tion - has _not been corrected ; providing for a finenot exceeding $500 for failure to so notif y ; andgranting thee purchaser who has not receiv ed therequired notice the right to make an y repair snecessary to bring the property up to the re-qurements of the local building code and torecover the reasonable cost of those repairsfr om the seller,

History : 1975c 354

62.17 Enforcement of building codes . Forthe purpose of #acilitating enforcement of~ mu-nicipal and state building, plumbing, electricaland other such codes, ordinances or statutesestablished for the protection of'the health andsafety of the occupants of buildings referred toelsewhere in this section as "building codes",any municipality may adopt an ordinance withany of'the following provisions :

62 .16 CITIES

quiring such utility to do such work oppositethe lots indicated according to plans and specifi-cations , to be theretofore prepared and filed inthe office of the city clerk, showing the locationand size and the kind and quality of material ofsuch water and gas service pipes ; and if suchutility shall refuse or neglect to do the samebefore the expiration of the time fixed for theimprovement of said street so ordered the boardof public works may procure the same to bedone , in which event said board shall keepaccurate account of the expense of ' constructingsuch gas or water service pipes, as the c ase maybe, and report the same to the city clerk whoshall annuall y enter in the tax roll as specialtaxes. . against such utilities , the t otal of theamounts so certified to him for such charges ,and the same shall be collected in all respectslike other ci t y taxes against said utilities, andthe city shall have a legal and valid claim for theamount of such special taxes against such utili-ties , No application for such review sh all beeffective unless the same be made and noticethereof filed in the offic e of the clerk of' the citymaking such requirement within 30 d ays afterservice of the notice of such requirement asabove provided ; and on such review the publicservice commission shall make such order as toextension of time for the doing of such workand as to all other conditions affecting suchrequirement as the commission shall deem rea-sonable or expedient .

(c) When laid. No street shall be i mproved byorder of the council, department of tr an sporta-tion or county board unless the wa t er , he at andgas mains and service pipes and necessary sew-ers and their connections shall , as requiredunder this subsection be first laid and con-structed in that portion of such st r eet so to beimproved ,

(d) Application to towns and villages : Thi s` subsection ' applies to towns and villages andwhen applied to towns and villages :

1 . " City" means town or village .2 . "Comptrolle r" means clerk3 "Council " mean s town board or village

board :History: 1977 c 29 s . 1654 (8) (c) ; 1983 a . 53 2Cross Reference : See 840 11, requiring applicant for

change in streets to file notice of pendency of the application .

1552


62.175 Sewer and water extensions in 1stclass cities ; sewage from other municipali-ties . (1) First class cities may construct andextend the sewer and water system into theadjoining towns , subject to s 66 . . 916 . . Theextensions shall be made without expense to thecities , The rates to be charged for water toconsumers beyond the corporate limits of thecity shall be fixed by the common council of thecity upon the recommendation of the city' sboard of public works .

(2) If any 1st or 2nd class city has begun toplan , construct and establish , or hass completedthe planning , construction and establishmentof, a sewage system and a sewage disposalworks, any town , village or other city located inthe same county where the 1 st or 2nd class city islocated and whose purified or unpurified sew-age flows directly or indirectly into any lakewhich is, the source of the water supply of the 1stor 2ndclass cit y shall, before constructing anysewers or sewerage system or extensions of anyexisting sewers or sewerage system for the pur-poses of connection with the sewers , seweragesystem ,-and sewage disposal works of the 1st or2nd class city, secure the written approval of theplan s by the sewerage commission , or otherboard or body or officiall having charge andcontrol of the planning, construction , establish-ment, operation and maintenance of the sewagedisposall system of the ist or 2nd class city .. Thesewerage commission, or other board , bodyy orofficial of the 1 st or 2nd class city , may approvethe plans or approve them subject : to recom-mended changes or substitutions in orde r that ifthee sewers or sewerage system,, or extensionsthereof; of' any , of the towns, villages or cities areconnected: with the sewers , sewerage system andsewage disposal works of the 1st or 2nd classcity , the sewers or sewerage system, or exten-sions thereof, will conform with the plan of thesewers , sewerage system and sewage disposalworks of the l:st or 2nd class city .. If the town,village or city constructs in accordance with theapproved plans , the town, village or city mayconnect its sewers ; sewerage system or exten-sions thereof' with the sewers , sewerage systemand sewage disposal works of the ]st or 2ndclass city, as specified in writing by the seweragecommission, or other board ; body or' officialhaving . . chargee and control of the sewagedisposal system 'of the 1st or 2nd class city . .Except as otherwise provided by statute , a 2ndclass city may charge compensat i on as providedunder sub , (3), for the use of its sewers, seweragesystem and sewage disposal works for the trans-mission of the ' sewage of the towns, villages or-cities . .

62.18 Sewers. (1) CITIES MAY CONSTRUCT Cit-ies shall have power to construct systems ofsewerage , including a sewage dispos al plant andall other appurtenances thereto , to make addi-tions, alterations and repairs to such systemsand plants , and when necessary abandon anyexisting system and build a new s ystem, and toprovide for the payment of the same by the city ,by sewerage districts or by abutting propertyowners or by any combination of these meth-ods . Whenever the council shall determine tolay sewers or provide sewerage in any portion ofthe city it shall so order by resolution whichshalll describe with reasonable particul arity thedistrict to be sewered . Whenever the ter ritor y ofany city of thiss state shall be adjacent to orbor'der on the territory of any other state , suchcity shall have power to build or construct asewage disposal plantt in such adjacent s tate ,either alone for its sole use or jointly with somecity or municipality in such adjacent st ate fortheir joint usee on terms to be agreed upon bysuch municipalities . And if either city or munic-ipality shall build or , construct a sewage dispos alplant, the city in this state may contract with theother city or municipality for its joint use onterms to be agreed upon .

(13) SEWERS, WHERE LAID .. Any contractor orother person acting under the direct i on of theboard of public works may lay sew ers in andthrough any alleys and streets , and throu gh any

1553 CITIES 62.18

(3) Immediately after each January 1, thesewerage commission, or other board, body orofficial, having charge and control of the sew-age disposal system of'the 2nd class city furnish-ing service under sub .. (2), shall determine areasonable compensation to charge the towns,villages or cities for the service furnished for thepreceding year and report the same to the cityclerk of the 2nd class city .. On or before August1, the city clerk shall certify the report to theclerk of the town, village or city which receivedthe service . The clerk of the town, village or cityshall extend a sufficient amount opposite eachvaluation on the tax roll of'the town, village orcity to realize the amount certified in the report . .The tax shall be collected as other local taxes arecollected and paid over to the treasurer of the2nd class city which furnished the service .

His tor y : 1981 c 281 ss 3m, 14, 15 ; 19811 c 391Law Revision Committee Note, 1981 : Laws of 1913, chap-

ter 608, section 15, is renumbered into the statutes andamended to reflect the enactment of section 59 .96 of the stat-utes which created a metropolitan seweragee district in Mi l -waukee county The deletion of references to 1st class citiesin laws of 19 1 3, chapter 608, section (15) 2 reflects the factthat section 59,96 (8) of the statutes presently allows 1st classcities to assess municipalities w h ich connect their seweragesystems with the city of Milwaukee for the operating costsresulting from the services provided by the metropolitan sew-erage district sewage system Repetition in this section is thusunn ecessary .


of ' any city may by gift, purchase or condemna-tion acquire property, ,, real or personal , withinor without the city, for packs, recreation, water-works, sewage or waste disposal , airports orapproaches thereto, cemeteries , vehicle parkingareas, and for any other publicc purpose ; mayacquire real property within or contiguous tothe city , by means other than condemnation, forindustrial sites; may improve and beautify thesame; may construct, own , lease and maintainbuildings on such property for public purposes ;and may sell and convey such property Thepower of condemnation for any such purposeshall be as provid ed by ch .3 2 .

(1m) AcQuisilION OF EASEMENTS AND LIMITEDPROPERTY i rr i Ex ESrs. Confirming all powersgranted to it and in furtherance thereof', thegoverning body of any city is expressly autho-rized to acquire by gift, purchase or condemna-tion under ch 32 any and all property rights inlands or waters, including rights of access anduse , negative or positive easements , restrictivecovenants, covenants running with the land,scenic easements ' and any rights for use ofproperty of any nature whatsoever, howeverdenominated, which may be lawfully acquiredfor the benefit of the public or for any publicpurpose, including the exercise of powersgranted under s . 62 .. 23; and may sell and conveysuch easements or property rights when nolonger needed for public use or protection .(2) DONATION OF PROPERTY TO NONPROFIT

PRIVATE CORPORATIONS, The governing body ofany city may donate ; convey, sell or lease prop-et tyowned by such city to any nonprofit privatecorporation for public purposes and may ac-quite property for the purpose of donating,conveying ; selling or leasing the same to non-profit private corporations for public purposes

(3) RIPARIAN RIGHTS, The city may by gift,purchase or condemnation take, injure or de-stroy any riparian rights or privileges appurte-nant to land abutting upon Lake Michiganwhenever it shall become necessary for theproper construction and use of any highway,street, boulevard, park or other public improve-ment without takingg the lands or any portionthereof ' to which said riparian rights areappurtenant .

(4) PROCEDURE . (a) Petition to open streets .As to s t reets it shall be competent for any 10resident freeholders in any aldermanic districtto petition the council for the opening, widen-ing, extension or change of any street in suchaldermanic district, and if the land proposed tobe taken for that purpose shall lie in 2 or morealdermanic districts, then 10 resident f 'reehold-ers of each of the aldermanic districts shall berequired to join in the petition .. Such petition

breakwater into any lake and also in any high-ways of the county, whether within the limits ofsaid city or not ; such contractor shall repairsuch streets, alleys, breakwaters andd highwaysand restore the same to their former conditionupon the completion of such sewers,

(1 6) SPECIAL SEWER DISTRICT TAX. (a) Anycity may levy a special tax of not more than onemill and a half on the dollar of the assessedvalue of the taxable property in any sewerdistrict for the extension or improvement of'thesewer system of such district .

(b) Said tax is declared to be a special tax forlocal improvement, as defined in s '76 .23 andwhen any company defined in s 76 :02 ownsoperating real property (other than poles, tow-ers, wires, equipment, mains, lines, tracks andother service structures located within the limitsof public . highwayss or constructed and main-tained on private rights of way, and conduits,cables, devices, equipment and other facilitieslocated upon or in such operating real property)within such sewer district, the assessor in suchdistrict shall determine the value of said operat-ing real property of all such companies as liewithin the district, which value shall be deter-mined on the same basis as is the value of otherreal property subject to such special tax .. Suchvaluation shall be placed upon thee tax roll for-the '.purposes of'such special tax only . The taxso assessed to such companies shall be collectedas other special sewer district taxes of the dis-trict are collected .

62.185 Sewer district bonds . Whenever a cityis divided into sewer districts, bonds may beissued against any such district for the purposeof` paying the district's portion of any sewer .Said bonds shall be issued in the manner autho-rized and provided by ch . 67 . Such bonds shallnot be a general city obligation but shall bepayable both as to principal and interest, solelyout of the special sewer district tax provided bys . . 62..18 :(1.6) . . Any bonds heretofore authorizedto be issued in accordance with this section shallbe legal, valid and binding, to the same extent asif such district, at the time of authorizing suchbonds, had the power to issue the same .

62 . 19 Water and heat pipe extensions . Theexpense of laying water and heat mains whichare extensions to mains of"a private utility underwritten contract with a city to lay or extendmains on order of'the council; shall be defrayedby the city at large, or by the abutting propertyas the council determines .

62 . 22 Acquiring property ; opening or chang-ing streets . (1) PURPOSES,. The governing body

62.1 8 CITI ES 1554


shall be addressedd to the. council and shalldesignate in general terms the,location,, extentof the proposed laying out , widening, extensionor change , but need not contain a particulardescription of the land proposed to be taken .For the purposes of such petition a person inpossession of land under a contract of purchaseand sale or a bond for a deed shall be deemed afreeholder .

(b) Petition a s to alleys As to alleys , apeti tion forr thee opening, widening, extension orchange of an alley may be made to the councilby the owner or owners of one- third or more ofthe land in the block in which the alley orproposed alley is situated , whether such owneror owners shall be residents of the city or not . .Land held under a land contract or bond for adeed shall , for the purpose of such petition , bedeemed to be owned by the pers on so holding it ;infants and others under guardianship maypetition by their guardians .

(c) - Acton on. When the petition shall bepresented to the council it shall be referred tothe board of' pubiic works, and said board shallmake a report to the council stating whether ornot such petition is sufficiently signed, and if ' so ,giving a particular description of each lot, par-cel or subdivision of ' land proposed to be taken ,and a plat of the proposed alley or street ,widening, extension or change Upon the com-ing in of such reportt thee council may , if thepetition be reported sufficiently signed , by avote of a majority of its members adopt aresolution declaring that . it is necessary to con-demn the land designated in such petition andreport, referring to them , for the purposenamed in the petition , and direct the city attor-ney to commenceand prosecute condemnationproceedings Such petition shall , before anyresolution upon it shall be adopted , be referredto the board of public works, who shall there-upon make a report to the , council statingwhether ornot. it is sufficiently signed , and if so,giving a particular description, of each lot, par-cel or subdivision of land proposed to be taken ,and a plat of the proposed alley as the same willbe whenn laid out, widened, extended orchanged Upon the coming in of such report, if'it shall appear the r eby that the petition is signedby the . owner or owners of one-third or more ofthe land in the block , the council may adoptt aresolution by- a votee of a majority of its mem-bers, the same a s in the case of a petition for theopening , widening , extension or changee of astreet, and like proceedings shall be hadthereon , . If it shall afterwards appear that thepetition was not sufficiently signed, that factshall not, in the absence of fraud, viti ate thepetition or the subsequent proceedings thereon . .

62 .23 City : planning . (1) COMMISSION (a) Thecouncil of any city may by ordinance create a"City Plan Commission;" to consist of themayor, who shall be its presiding officer, thecity engineer, the president of'the park board,an alderman, and 3 citizens . In case the city hasno engineer or no park board,, an additionalcitizen member shall be appointed so that theboard has at all times 7 members. Citizenmembers shall be persons of recognized experi-ence and qualifications" The council may byordinance provide that the membership of thecommission shall be as provided thereunder .

(b) The alderman member of the commissionshall . be elected by a two-thirds vote of thecouncil, upon the creation of thee commission,and during each Aprill thereafter .

(c) The three citizen members-shall be ap-pointed by the mayor, upon the creation of thecommission, to hold office for a period endingone, -two . and three years, respectively, from thesucceedingg first day of May, and thereafterannuallyy during April one such member shall beappointed for a term of'thcee years .

1555 CITIES 62 .23

(d) Proceedings without petition . The councilmay , without a petition , by resolution declare itnecessary to condemn land , describing it, forany authorized purpose, and direct , the cityattorney to prosecute condemnation proceed-ings therefor.. If the purpose is the opening,widening , extension, or changee of a street oralley, the resolution must be adopted by a voteof' four-fifths of all the members . Before adopt-ing the resolution it shall be referred to theboard of public works, who shall make a partic-ular description of each lot , parcel or subdivi-sion of land proposed to be taken , and a plat ofthe proposed street or alley , drain or water pipe,or landd to be used for . other authorized pur-poses ; andd report the same to the council

(e) Abandonedd portion . vacated. . When astreet or alley shall 6e changed by proceedingsunder s 62 22 so much of the original street oralley as shall be left out of it as changed shall bedeemed vacated withoutt any other proceeding ,and the fact of . such vacation shall be taken intoaccount in assessing benefits and damages byreason of the condemnation proceedings . .

History : . 19711 c 304 s . 29 (1) .Cross Reference : See 840 11, requiring applicant for

change in streets or alleys to file notice of pendency of theapplication

62 : 225 . Recycling or resource recovery facil-ities . A city may establish and require use offacilities for the recycling of solid waste or forthe recovery of resources from solid waste asprovided under s 144 . .794 ..

History : 1983 a 27 .


sion may from time to time amend , extend oradd to the master plan or carry any part orsubject matter into greater detail . The commis-sion may adopt rules for the transaction ofbusiness and shall keep a record of its resolu-tions, transactions , findings and determina-tions, which record shalll be a public record .

(3) THE MASTER PLAN, (a) The master planshall be made with the general purpose ofguiding and accomplishing a coordinated , ad-justed and harmonious development of the mu-nicipality which will, in accordance with ex-isting and future needs, best promote publichealth , safety , morals , order , convenience , pros-perity or the general welfare , as well as effi-ciency and economy in the process ofdevelopment .

(b) The commission may adopt the ma sterplan as a whole by a single resolution , or , as thework of making the whole master plan pro-gresses , may from time to time by resolutionadopt a part or parts thereof ', any such part tocorrespond generally with one or more of thefunctional subdivisions of the subject matter ofthe plan . The adoption of the plan or any part ,amendment or addition, shall be by resolutioncarried by the affirmative votes of not less thana majority of all the members of the city plancommission .. The resolutionn shall refer ex-pressly to thee maps , descriptive matter , andother matters intended by the commission toform the whole or any part of the plan , and theaction taken shall be recorded on the adoptedplan or part thereof ' by the identifying signatureof the secretary of the commission , and a copyof the plan or part thereof ' shall be certified tothe common council . The purpose and effect ofthe adoption and certifying of the master planor part thereof shall be solely to aid the city plancommission and the council in the performanceof their , duties.

( 4 ) MISCELLANEOUS POWERS OF THE COMMIS-SION The commission may make reports andrecommendations relating to the plan and de-velopment o f the c ity t o public of fici al s andagencies, public utility companies, civic, educa-tional, professional and other organizations,and citizens. It may recommend to the mayoror` council , programs for public improvementsand the financing ther' eof'. : All public officialsshall , upon request, furnish to the commission ,within a reasonable time, such available infor-mation as it may require for its work . Thecommission , its members and employes , in theperformance of its functions , may enter uponany land , make examinations and surveys, andplace and maintain necessary monuments andmarks thereon . In general, the commissionshall have such powers as may be necessary to

(d) The additional citizen members , if any,shall be first appointed to hold office for aperiod ending one year from the succeedingMay first, and thereafter annually during themonth of April . Whenever a park board iscreated , or a city engineer appointed, the presi-dent of such board or such engineer shall suc-ceed to a place on the commission when theterm of an additional citizen member expires .

(e) The city plan commission shall havepower and authority to employ experts and astaff; and to pay for the ir services and suchother expenses as may be necessary and proper,not exceeding, in all, the appropriation thatmay be made for such commission by the legis-lative body, or placed at its disposal throughgift, and subject to any ordinance or resolutionenacted by the governing body .

(f) Any city may by ordinance increase thenumber ofmembers of the city plan commissionso as to provide that the building commissioneror building inspector shall serve as a member'thereof;

(2) FUNCTIONS . It shall be the function anddutyy o f the commission to make and adopt amaster plan for the physical development of themunicipality , including any areas outside of itsboundaries which , in the commission's judg-ment bear relation to the development of themunicipality provided , however , that in anycounty where a regional planning departmenthas been established, areas outside the bounda-ries of a municipality may not be included in themaster plan without the consent of the countyboard of supervisors The master plan , with theaccompanying maps, plats , charts and descrip-tive and explanatory matter, shall show thecommission ' s recommendations for such physi-cal development, and may include, among otherthings without limitation because of enumera-tion , the general location , character , and extentof streets, highways, freeways , street grades ,roadways, walks, bridges, viaducts , parkingareas, tunnels, public places and areas , parks ,parkways, playgrounds, sites for public build-ings and structures , airports , pierhead andbulkhead lines, waterways, routes for railroads ,street railways and buses , and the general loca-tion and extent of sewers, water conduits andother public utilities whether privately or pub-licly owned, the acceptance , widening, narrow-ing, extension, relocation, removal, vacation,abandonment or change of use of any of theforegoing public ways, grounds, places, spaces,buildings, properties , utilities , routes or termi-nals , the general location, character and extentof' community centers and neighborhood units,the general character, extent and layout of thereplanning of blighted districts and slum areas ,and a comprehensive zoning plan . The commis-

62.23 CITIES 1 556Electronically scanned images of the published statutes.

which the city is situated a certificate showingthat the city has established an official map .. Anordinance or resolution establishing any part ofan official map enacted prior to June 16 , 1965 ,wh i ch would be valid under this paragraph ishereby validated .

(c) The city council may amend the officialmap of the city so as to establish the exteriorlines of planned new streets , highways, park-ways, railroad rights-ofway, public transit fa-cilities , waterways , parks or playgrounds , or towiden , narrow, extend or close existing streets ,highways , parkways , railroad rights-of-way,public transit facilities, waterways , parks ' orplaygrounds No such change may becomeeffective until after a public hearing concerningthe proposed change before the city council or acommittee appointed by the city council fromits members , at which parties in interest andcitizens shall have an opportunity to be heard .Notice of the public hearing shall be publishedas a class 2 notice under ch . 985 Beforeamending the map, the council shall refer thematter , to the city plan commission for report ,but if the city plan commissionn does not makeits report within 60 days of reference, it fbrfeitsthe right to further suspend action .. Whenadopted, amendments become a part of theofficial map of the municipality , and are conclu-sive with respect to the location and width of thestreets, highways, waterways and parkways andthe location and extent of railroad rights-of-way, public transit facilities , parks and play-grounds shown on the map . . The placing of'anyst r ee t, highway, wa te rway , parkway, r a ilr oadright-of'-way, public transit facility , park orplayground line or lines upon the official mapdoes not constitute the opening or establish-ment of any street, parkway , railroad right-of-way, public transit facility , park or playgroundor alteration of any waterway , or the taking or'acceptance of any land for these purposes

(d) The locating , widening or closing, or theapproval of the locating , widening or closing ofstreets, highways , waterways, parkways , rail-road rights-of-way, public transit facilities,parks or playgrounds by the city under provi-sions of law other than this section shall bedeemed to amend the official map , and aresubject to this section , except that changes oradditions made by a subdivision plat approvedby the city under ch 236 do not require thepublic hearing specified in par ; (c) if the changesor additions do not affect any land outside theplatted area . .

(e) No permit may be issued to construct orenlarge any building within the limits of anystreet, highway , waterway , railroad right-of-way , public transit facility or parkway , shownor laid out on the map except as provided in this

enable it to perform its functions and promotemunicipal planning .

(5 ) MATTERS REFERRED TO CITY PLAN COMMIS-

SION . The council , or other public body orofficer of the city having final authoritythereon , shall refer to the city plan commission ,for its consideration and report before finalactionn is taken by the council , public body orofficer, the following matters : The location andarchitectural design of any public building ; thelocation of any statue or other memorial; thelocation, acceptance, extension, a lteration , va-cation, abandonment , change of use , sale , ac-quisition of land for or lease of land for anystreet , alle y or other public way, park, play-ground, airport , area for parking vehicles, orother memorial or public grounds ; the location ,extension , abandonment or authorization forany public utility whether pub l icly or privatelyowned ; all plats of' land s in the city or within theterritory over which the city is given plattingjurisdiction by ch . 236; the location , characterand extent or acquisition , leasing or sale oflands for public or semipublic housing , slumclearance , relief of congestion , or vacationcamps for children ; and the amendment orrepeal of any ordinance ' adopted pursuant tothis section . . Unless such report is made within30 days, or such longer period as may bestipulated by the common council , the councilor other public body or officer , may take finalaction without it

(6) OFFICIAL MAP . (a) As used in this subsec-tion, "waterway s" includes rivers , streams ,creeks , ditches , drainage channels , water-courses, lakes, bays, ponds , impoundment res-ervoirs, retention and detention basins, marshesand other surface water areas, regardless ofwhether the areas are natural or artificial .

(b) The council of any city may by ordinanceor resolution establish an official map of thecity or any part thereof showing the streets,highways, parkways, parks and playgroundslaid out , adopted and established by law . Thecity may also include the location of railroadrights-of-way, waterwa ys and public transit fa-cilities on its map.: A city may include awaterway on its map only if the waterway isincluded in a comprehensive surface waterdrainage plan . The map is conclusive withrespect to the location and width .of' streets ,highways , waterways and parkways, and thelocation and extent of railroad rights-of-way,public transit facilities , parks and playgroundsshown on the map : . The official map is declaredto be established to conserve and promote thepublic health, safety, convenience or generalwelfare , The ordinance or resolution sha llrequire the city clerk at once to file with theregister of deeds of the count y or counties in

1557 CITIES 62 .23


powers and shall be subject to the s ame restric-tions . For this purpos e such council is autho-rized to act as a discretionary administrative orquasi-judicial body . . When so acting it shall notsit as a legislative body but in a separate meetingand with separate minutes kept _

(g) Before takingg any action authorized inthis subsection , the board of appeals or citycouncil shall hold a hearing at which parties ininterest and others shall have an opportunity tobe heard At le ast I S dayss before the hearingnotice of the time and place of the h earing shallbe published as a class 1 notice , under ch , 985 .Any such decision shall be subject to review bycertiorari issued by a .court of' record in the samemanner and pursuant to the same provisions asin appeals from the decisions of a board ofappeals upon zoning regulations .

(h) In any cit y which ha s established anofficial map as herein authorized no publicsewer or other municipal street utility or im-provement shall be constructed in any street ,highway or parkwa y until such street, highwayor parkway is duly placed on the official map ..No permit for the erection of any building shallbe issued unless a street , highway or parkwaygiving access to such proposed structure hasbeen duly placed on the official map . Where theenforcement of the provi sions of this sectionwould entail practical di fficulty or unnecessaryhardship , and where the circumstance s of thecase do not require the structure to be related toexisting or proposed street s, highways or p ark-ways , the applicant for such a permit mayappeal from the decision of the administr ativeofficer having charge of the is sue of permits tothe board of appeal s in any city whichh hasestablished a board havin g power to makevariances or exceptions in zoning regulations ,and the same provisions are applied to suchappeals and to such boards as are provided incases of appeals on zoning regulations . Theboard may in passing on such appeal make anyreasonable exception , and issue the permit s ub-ject to conditions that will protect any futurestreet, highway or parkway layout . Any suchdecision shall be subject to review by certiorariissued by a court of record in the same mannerand pursu ant to the same provisions as inappeals from the decision of such boardd uponzoning regulations , In any city in which there isno such board of appeals the city council shallhave the same powers and be subject to thesame restrictions , a nd the s ame method of courtreview shall be available . For such purposesuch council is authorized to act as a discretion-ary administrative or quasi-judici al body .When so acting it shall not s it as a legislativebody, but in a separ ate meeting and with sepa-rate minutes keptt

section . . The street, highway , waterway , rail-road right-of-way, public transit facilit y orparkway s ystem shown on the official map maybe shown on the official map as extendingbeyond the boundaries of a city or village adistance equal to th at within which the ap-proval of land subdivision plats by the citycouncil or village board is required as providedby s . 236 . 10 (1) (b) 2 Any person desiring toconstruct or enlarge a building within the limitsof a street , highway, railroad right-of-way, pub-lic transit facility or parkway so shown asextended may apply to the authorized official ofthe city or village for a building permit . Anyperson desiring to construct or enlarge a build-ing within the limits of a street, highway, water-way, railroad right-of-way, public transit f acil-ity or parkway shown on the official map withinthe incorporated limits of the municipalit y shallapply to the authorized official of the ci ty orvillage for a building permit .. Unless an applica-tion is made, and the building permit granted ornot denied within ` 30 days , the person is notentitled to compensation for damage to thebuilding in the course of construction of thestreet , highway , railroad right-of-way, publictransit facility or parkway shown on the officialmap . . Unless an application is made , and thebuilding permit granted or not denied within 30days , thee person is not entitled to compensationfor damage to the building in the course ofconstruction or alteration of the waterwayshown on the official map within the incorpo-rated limits of the municipality If the l andwithin the mapped street , highway , waterway ,railroad right-of-way, public transit facility orparkway i s not yielding a fair return , the boardof appeals in an y municipality which has estab-lished such a board having power to makevariances or exceptions in zoning regulationsmay, by the vote of 'a majority of its members ,grant a permit for a building or addition in thepath, of the street, highway , waterway , railroadright-of-way, public transit facility or parkway ,which will as little as practicable increase thecost of opening the street , highway, . waterway,railroad right-of-way , public transit facility orparkway or .tend to cause a change of the officialmap. The board may impose reasonable re-quirements as a condition of granting the per-mit to promote the health, convenience , safetyor general welfare of the community . Theboard shall refuse a permit where the applicantwill not be subst a nti ally affected by not con-structing the addition or by placing the buildingoutside the mapped street, h ighway , waterway,railroad right-of-way, public transit facility o rparkway .

(f) many city in which there is no such boardof " appeals , the city council shall have the same

62.23 CITIES 1558


streets ; to secure safety from fire , panic andother dangers ; to promote health and the gen-eral welfare; to provide adequate light and air ,including access to sunlight for solar collectorsand to wind for wind energy systems ; to en-courage the protection of groundwater re-sources; to prevent the overcrowding of land ; toavoidd undue concentration of population ; tofacilitate the adequate provision of transporta-tion, water , sewerage, schools, parks and otherpublic requirements . . Such regulations shall bemade with reasonable consideration , amongother things , of the character of the district andits peculiar suitability for particular uses , andwith a view to conserving the value of buildingsand encouraging the most appropriate use ofland throughout such city .

(d) Method of procedure. . 1 , a Upon therequest of the city council , the city plan commis-sion, the board of public land commissioners,or if the city has neither , the city plan committeeof the city council shall prepare and recommenda district plan and regulations for the city .Following the formulation of tentative tecom-mendations a public hearing shall be held by , atthe council ' s option , the council , the plan com-mission , the board of public land commission-ers or the plan committee . At least 10 days 'prior written notice of any such hearings shallbe given to the clerk of any municipality whoseboundaries are within 1 , 000 feet of any landsincluded in the proposed plann and regulationsbut failure to give such notice shall not invali-date such district plan or regulations . Publica-tion of a class 2 notice , under ch . 985 , of thetentative recommendations and hearingsthereon must be made once during each of the 2weeks prior to such hearingg

b The councill may make changes in thetentative recommendations after first submit-ting the proposed changes to the plan commis-sion, board of public land commissioners orplan committee for recommendation and reportand after publishing a class 2 notice , under ch .985 , of the proposed changes and hearingsthereon as well as the notice to thee clerk of anycontiguous municipality as required in subd . 1Ia Hearings on the proposed changes may beheld by , at the council's option , the council, theplan.n commission, the board of public landcommissioners or the plan committee . .

2 The council may adopt amendments to anexisting zoning ordinance after first submittingthe proposed amendments to the city plan com-mission , board of public land commissioners orplan committee for recommendation and reportandd afterr providing the notices as required insubd , 1 : b of the proposed amendments andhearings thereon . A hearing shall be held on theproposed amendmentss by , at the council ' s op-

(i) In those counties where the county main-tains and operates parks , parkways , play-grounds, bathing beaches and other recrea-tional facilities within the limits of any city , suchcity shall not include said facilities in the master 'plan without the approval of ' the county boardof supervisors

(7) ZONING (a) Grant of power For thepurpose of promoting health , safety , morals orthe general welfare of the community , the coun-cil may regulate and restrict by ordinance theheight, number of stories and size of buildingsand other structures, the percentage of lot thatmay be occupied, the size of yards , courts andother open spaces , the, density of population ,and the location and use of buildings, structuresand land for trade, industry, mining , residenceor other purposes if there is no discriminationagainst temporary structures . This subsectionand any ordinance , resolution or regulationenacted- or adopted under this section , shall beliberally construed in favor of the city and asminimum requirements adopted for- the pur-poses stated : This subsection may not bedeemed - a limitation of an y power grantedelsewhere

(b) Districts. For any and all of said purposesthe council may divide the city into districts ofsuch number , shape , and areaa as may bedeemed best suited to carry out the purposes of'this section ; and within such districts it mayregulate and restrict the erection, construction ,reconstruction , alteration or use of buildings,structures or land. All such regulations shall beuniform for each class or kind of buildings andfor the use of land throughout each district, butthe regulations in one district may differ fromthose in other districts . The council may withthe consent of the owners establish special dis-tricts; to be called planned development dis-tricts , with regulations in each , which in addi-tion to those provided in par . (c) , will over aperiod of time tendd to promote the maximumbenefit from coordinated area site planning ,diversified location of structures and mixedcompatible uses .. Such regulations shall providefor a safe and efficient system for pedestrianand vehicular traffic, attractive recreation andlandscaped open spaces, economic design andlocation of public and private u t ilities and com-munity facilities and insure adequate standardsof construction and planning . Such regulationsmay also provide forr the development of theland in such districts with one or more principalstructures and related accesso ry uses, and insuch districts the regulations needd not beuniform

(c) Purposes in view, Such regulations shallbe made in accordance with a comprehensiveplan and designed .to lessen congestion in the

1 559 CITIES 62 .23


serve at such compens ation to be fixed byordinance , and shall be r emovable by the mayorfor cause upon written ch arges and afte r publichearing . The mayor sh all designate one of themembers chairman -The board may employ asecretary and other employes , Vacancies shallbe filled for the unexpired terms of memberswhose terms become vacant . The ma yor mayappoint, for staggered term s of 3 year s, 2 alter-nate members of such board , in addition to the5 members above provided for . Annually, themayor shall designate one of the altern ate mem-bers as , 1st alternate and the other as 2ndalternate , The lst alternate shall act, withh fullpower, only when a member of the boardrefuses to vote because of interest or when amember is absent , The 2nd alternate shall so actonly, when the 1 s t altern ate so refuses or isabsent or when more than one member of theboard so r efuses or is absent . . The aboveprovisions , with regard to removal and thefilling of vacancies , shall apply to suchalternates.

3 The board shall adopt rules in accordancewith the provisions of an y ordinance adoptedpursuant to this section .. Meetings of the boards hall be held at the call of the chairman and atsuch other times as the board may determine .Such chairman, or in hiss absence the actingchairman, may administer oaths and compelthe attendance of witnesses . All meetings of theboard shall be open to the public . The boardshall keep minutes of its proceedings ,. showingthe vote of each member upon each question ,or-, if absent or failing to_ vote , indic ating suchfact , and shall keep records of its examinationsand other official actions , alll of which shall beimmediately filed in the office of the board andshall be ; a public record ;

4 . Appeals to the board of appeals may betaken by any person aggrieved or by an y officer ,department , board or bureau of the city af-fected by any decision of the administrativeofficer . Such appeal shall be taken within areasonable time , as provided by the rules of theboard, by filing with the officer from whom theappeal is taken and with the board of appeals anotice of appe al specifying the grounds thereof.The officer from whom the appeal is taken shallforthwith transmit to the board all the papersconstituting the record upon which the actionappealed from was taken ;

S An appeal shall stay all legal proceedingsin furtherance of the . action appealed from,unless the officer from whomm the appeal i staken certifies to the board of appeals after thenotice of appeal shall h ave been filed with him ,that by reason offacts stated in the certificate astay would , in his opinion, cause imminent perilto life or propert y . In such case proceedings

tion, the council , the plan commission , theboard of public land commissioners or the plancommittee.. If the council does not receiverecommendations and a report from the plancommission, board of public land commission-ers or plan committee within 60 days of 's ubmit-tingthe proposed amendments , the c ouncil mayhold hearings without first receiving the recom-mendations andd report. In case of a prote s tagainst such amendment, duly signed and ac-knowledged by the owners of 20% or moreeither of the areas of the land included in suchproposed amendment, or by the owners of ' 20%or more of the areaa of the land immediatelyadjacent extending 100 feet therefrom , or by theowners of 20% or more of the land directlyopposite thereto extending 100 feet from thestreet frontage of such opposite land , suchamendment shall not become effective exceptby the favorable vote of' three-fou r ths of themember's of ' the council voting on the proposedchange ,

3, The council may repeal or repeal andreenact the entire district plan and all zoningregulations in accordance with subd . I Thecouncil may repe al or repeal and re enact a partor parts of the district plan and regulations inaccordance with subd . 2 ,

(da) Interim zoning. The common council ofany city which has not adopted a z oning ordi-nance may, without referring the matter to theplan commission, enact an interim zoning ordi-nance to preserve existing uses while thee com-prehensive zoning plan is being prepared . Suchordinance may be enacted as is an ordinaryordinance but shall be effective for no longerthan 2 years after its enactment :

(e) Board of appeals 1 The council whichenacts zoning regulations pursuant to this sec-tion shall by ordinance provide for the appoint-ment of•a board. of appeals, and shall provide insuch regulations that said board of appealsmay, in appropriate cases and subject to appro-priate conditions and safeguards , make specialexceptions to the terms of the o rdinance inharmony with its general - purpose and intentand in accordance with general or specific rulestherein contained . . Nothing in this subdivisionshall preclude the granting of ' special exceptionsby the city plan commission or the commoncouncil in accordance with the zonin g regula-tions adopted . pursuant to this section whichwere ineffect on .July 7 , 197 .3 or adopted afterthat date .,

2 The board of appeals shall consist of 5members appointed by the mayor subject toconfirmation of the common council for termsof` 3 years; except that of' those first appoint edone shall serve for one year , 2 for 2 ye ars and 2for 3 years the members of the board sha ll

62 .23 CITIES IS60


shall not be stayed otherwise than by a re-straining order which may be granted by theboard of' appeals or by a court of record onapplic a tion , on notice to the of'ficec ~ from whomthe appeal is taken , and on due cause shown . .

6 Thee board of appeals shal l fix a reasonabletime for the hearing of the appeal or othermatter referred to it, and give public : noticethereof, as well as due notice to the parties ininterest , and decide the same 'within a reason-able time .. Upon the hearing any party mayappear in person or by agent or by attorney .

7 The board of appeals shall have the follow-ing powers : To hear and decide appeals where itis alleged there is error in any order, require-ment, decision or determination made by anadministrative official in the enforcement ofthis section or of any ordinance adopted pursu-ant thereto ; to hear and decide special exceptionto the terms of the ordinance upon which suchboard is required to pass under such ordinance ;to authorize upon appeal in specific cases suchvariance from the terms of the ordinance as willnot be contrary to the public interest , where,owing to special conditions, a literal enforce-ment of the provisions of the ordinance willresult in practical difficulty or unnecessaryhardship, so that the spirit of the ordinanceshall be observed , public safety and welfaresecured, and substantial justice done . Theboard may permit in appropriate cases, andsubject to appropriate conditions and safe-guards in harmony with the general purposeand intent of the ordinance, a building or prem-ises to be erected or used for such public utilitypurposes in any location which is reasonablynecessary for the public convenience andwelfare

8 In exercising the above mentioned powerssuch board may, in conformity with the provi-sions of such section, reverse or affirm , whollyor partly, or may modify the order, require-ment decision or determination appealed f rom ,and may make such order , requirement, deci-sion or determination as ought to be made , andto that end shall have all the powers of theofficer from whom the appeal is taken, and mayissue or direct the issue of a permit .

9 >- The concurring vote of 4 members of theboard shall be necessary to reverse any order ,requirement, decision or determination of anysuch administrative official , o r to decide infavor of the applicant on any matter , uponwhich : it is required to pass under any suchordinance, or to ef'fect ' anyy variation in suchordinance, The grounds of every such determi-nation shall be stated .

1-0 . Anyy person or persons , jointl y or sever-ally aggrieved by any decision of the board ofappeals, or any taxpayer, or any officer, depart-

ment , board or bureau of the municipality ,may , within 30 days after the filing of thedecision in the office of the board of appeals,commence an action seeking the remedy avail-able by certiorari . The court shall not stayproceedings upon the decision appealed from,but may, on application, on notice to the boardof appealss and on due cause shown , grant arestrain ing order : The board of appeals shallnot be required to return the original papersacted upon by it , but it shall be sufficient toreturn certified or sworn copies thereof' . Ifnecessary for the proper disposition of the mat-ter , the court may take evidence, or appoint areferee to take evidence and report findings offact and conclusions of law as it directs , whichshall constitute a part of the proceedings uponwhich the determination of the court shall bemade The court may reverse or affirm , whollyor partly, or may modify, the decision broughtup for review .

14 Costs shall not be allowed against theboard unless it shall appear to the court that theboard acted with gross negligence or in badfaith, or with malice , in making the decisionappealed from .

15 All issues in any proceedings under thissection shall have preference over all other civilactions and proceedings.

(ea) Filing fees, The common council may byordinance or resolution establish reasonablefees for the fil ing of a petition for amendment ofthee zoning ordinance or official map , or forfiling an appeal to the board of appeals .

(em) Historic preservation . Any city , as anexercise of ' its zoning and police powers for thepurpose of promoting the health , safety andgeneral welfare of the community and of thestate, may regulate by ordinance any , place,structure or object with a special cha r acter,historic interest, aesthetic interest or other sig-nificant value , for the purpose of preserving theplace, structure or object and its significantcharacteristics . The city may create alandmarks commission to designate historiclandmarks and establish historic districts . . Thecityy may regulate all historic landmarks and allproperty within each historic district to preservethe historic landmarks and proper ty within thedistrict and the character of the district

(f) Enforcement and remedies . 1 . The councilmay provide by ordinance for the enforcementof this section and of any ordinance or regula-tion made thereunder . In case of a violation ofthiss section or of such ordinance or regulationsuch council may provide for the punishment byfine and by imprisonment for failure to paysuch fine . . It is also empowered to provide civilpenalties for' such violation ,

1 561 CITIES 62 .23


ordinance of the city , of any other such facilityAgents of a facility may apply for an exceptionto this requirement, and such exceptions may begranted at the discretion of the city . Twocommunity living arrangements ma y be adja-cent if the city authorizes that arrangement andif both facilities comprise essential componentsof a single program .

2 Community living arrangements shall bepermitted in each city without restriction as tothe number of facilities , so long as the totalcapacity of such community living arrange-ments does not exceed 25 or one percent of thecity' s population, whichever' is greater Whenthe capacity of the community living arrange-ments in the city reaches that total , the city mayprohibit additional community living arrange-ments from locating in the city . In any cit y ofthe 1st, 2nd, 3rd or 4th class , when the capacityof community living ar rangements in an alder-manic district reaches 25 or one percent of thepopulation, whichever is greater, of the district,the city may prohibit additional communityliving arrangements from being located withinthe district Agents of 'a facility may apply for anexception to the requirements'of this subdivi-sion , and such exceptions may be granted at thedi sc r eti on of't h e ci t y .2m . A foster, family home which is the pri-

mary domicile of a foster parent, which is for 4or fewer children and which is licensed under s .48 62 shall be a permitted use in all residentialareas and is not subject to subds . 1 and 2 exceptthat foster homes operated by corporations ,child welfare agencies , churches , associations orpublic agencies shall be subject to subds , 1 and2 .

3, In all cases where the community livingarrangement has capacity for 8 or fewer personsbeing served by the program , meets the criterialisted in subds , I and 2 , and is licensed , operatedor permitted under thee authority of the depart-ment of health and social services , that facility isentitled to locate inany residential zone , with-out being required to obtain special zoningpermission except as provided in subd 9 .

4 In all cases where the community livingarrangement has capacity for 9 to 15 personsbeing served by the program , meets the criterialisted in subds . l and 2 , and is licensed, operatedor permitted under the authority of the depart-ment of health and social services , that facility isentitled to locate in any residential area exceptareas zoned ' exclusively for single-family or 2-family residences except as provided in subd , 9 ,but is entitled to apply for special zoning per-mission to locate in those areas , The city maygrant such special zoning permission at its dis-cretion and shall make a procedure available to

2. In case any building or structure is or isproposed to be erected , constructed , recon-structed, altered, converted or maintained , orany building, structure or land is or is proposedto be used in violation of ' ths section or of anyordinancee or other regulation made under au-thority. conf'erred hereby , the proper authoritiesof' the city , or any adjacent or neighboringproperty owner who would be specially dam-aged by such violation may , in addition to otherremedies, institute appropriate action or pro-ceedings to prevent such unlawful erection ,construction, reconstruction , alteration, con-version, maintenance or use; to restrain, corrector abate such violation ; to prevent the occu-pancy of said building , structure or land ; or toprevent any illegal act , conduct, business or usein or about such premises .:

(g) Conflict with other laws . Wherever theregulations made under authority of this sectionrequire a greater width or size of yards , courtsor other open spaces, or require a lower heightof building or less number of stories , or requirea greater percentage of lot to be left unoccupied ;or impose other higher standards than are re-quired in any other statute or local ordinance orregulation , the provisions of the regulationsmade under authority of this section shall gov-ern . Wherever the provisions of any otherstatute or local ordinance or regulation requirea ' greater width. or size of yards , courts or otheropen spaces, or require a lower height of build-ing or a less number of stories , or require agreater percentage of lot to be left unoccupied ,or impose other higher standards than are re-quired by the regulations made unde r authorityof' this section; the provisions of ' such statute orlocal ordinance or regulation shall govern .

(h) ' Nonconformrng uses. . The lawful use of abuilding or premises existing at the time of theadoption o r amendment of a zoning ordinancemay be continued although such use does notconform with the provisions of the ordinance . .Such nonconforming use may not be extended . .The total structural repairs or alterations insuch a nonconforming building shall not duringits life exceed 50 per cent of .the assessed value ofthe building unless permanently changed to aconforming use . . If ' such nonconforming use isdiscontinued for a period of 12 months , anyfuture use of the building and premises shallconform to the ordinance . .

(i) Community living arrangements . Forpurposes of this section, the location of a com-munity living arrangement as defined in s . 46 03(22) in any city shall be subject to the followingcriteria:

1 . No community living arrangement may bee stabli sh ed after March 28, 1978 within 2,500feet, or any lesser distance established by an

62.23 CITIES 1562


the community living arrangement may be rep-resented by counsel and may present evidenceand call and examine witnesses and cross-examine other witnesses called . The commoncouncil may call witnesses and may issue sub-poenas All witnesses shall be sworn by thecommon council , The common council shalltake notes of ' the testimony and shall mark andpreserve all exhibits . . The common council may,and upon request of the community living ar-rangement shall, cause the proceedings to betaken by a stenographer or by a recordingdevice, the expense thereof ' to be paid by thecity . Within 20 days after the hearing, thecommon council shall mail or deliver to thecommunity living arrangement its written de-termination stating the reasons therefor . Thedetermination shall be a final determination

(7a) EXTRATERRITORIAL ZONING .. The gov-erning body of any city which has created a cityplan commission under sub . (1) and hasadopted a zoning ordinance under sub . (7) mayexercise extraterritorial zoning power as setforth in this subsection ; Insofar as applicablesub . (7) (a), (b), (c), (ea) ; (h) and (i) shall applyto extraterritorial zoning ordinances enactedunder this subsection . . This subsection shallalso apply to the governing body of any village

(a) Extraterritorial zoning jurisdiction meansthe unincorporated area within 3 miles of thecorporate limits of a first , second or third classcity, or 1 1 /2 miles of a fourth class city or avillage . Wherever extraterritorial zoning j uris-dictions overlap , the provisions of' s . 66 32 shallapply and any subsequent alteration of thecorporate limits of the city by annexation, de-tachment or consolidation proceedings shallnott affect the dividing line as initially deter-mined under s 66 .. .32 . The governing body ofthe city shall specify by resolution the descrip-tion of the area to be zoned within its extxaterxi-torial- zoning jurisdiction sufficiently accurateto determine its location and such area shall becontiguous tothe city.. The boundary line ofsuch area shall follow government lot or surveysection . or fractional section lines or publicroads , but need not extend to the limits of theextraterritorial zoning ,jurisdiction ., Within 15days of the adoptionn of the resolution thegoverning body shalll declare its intention toprepare a comprehensive zoningg ordinance forall or part of its extraterritorial zoning r ju fi sdic-tion by the publication of the resolution in anewspaper having general circulation in thearea proposed to be zoned, as a class 1 notice,under ch 985 . The city clerk shall mail acertified copy of the resolution and a scale mapreasonably showing the boundaries of the ex-traterritorial jurisdiction to the clerk of thecounty in which the extraterritorial jurisdiction

enable such facilities to request suchpermission .

5 . In all cases where the community livingarrangement has capacity fo r serving 16 ormore persons, meets the criteria listed in subds1 and 2, and is licensed , operated or permittedunder the authority of the department of healthand social services , that facility is entitled toapply for special zoning permission to locate inareas zoned for residential use . . The city maygrant such special zoning permission at its dis-cretion and shall make a procedure available toenable such facilities to request suchpermission.

6 The department of health and sociall ser-vices sh all designate a single subunit within thedepartment to maintain appropriate recordsindicating the location and number of personsserved by each community living arrangement ,and such information shall be available to thepublic .

7 . In this paragraph , "special zoning permis-sion " : includess but is not limited to the follow-ing: special exception , special permit , condi-tionalr use; zoning variance , conditional permitand words of similar intent . ;

8 The attorney general shall take all neces-sary action, upon the request of the departmentof health and social services , to enforce compli-ance, with this paragraph .

9 Not less than I 1 months nor more than 13months after the first licensure of ' a communityliving arrangement and every year thereafter ,the common council of a city in which a com-munity living arrangement is located may makea determination as to the effect of the commu-nity living arrangement on the health , safety orwelfare of the residents of ' the city . The determi-nation-shall be made according to the proce-dutes provided under subd 10 . If ' the commoncouncil determines that a community livingarrangement ' s existence in the city poses athreat to the health , safety or welfare of theresidents of the city, the common council mayorder the community living arrangement tocease operation unless special zoning peimis-sion is obtained . The order is subject to judicialreview under s, 68 .. 13 , except that a f r ee copy ofthe transcript may not be provided to the com-munity living arrangement . The community liv-ing arrangement must cease operation within 90days after the date of the order, or the date offinal judicial review of the . order, or the datee ofthe denial of' special zoning permission, which-ever is later .

10, A determination made under subd 9 shallbe made after a hearing before the commoncouncil . . The city shall provide at least 30 days 'notice to the community living arrangementthat such a hearing will be held , At the hearing,

1563 CITIES 62.23


subject to a m andamus proceeding which maybe instituted by any resident of the ar ea to bezoned or by the city adopting such resolution .The entire plan commission shall participatewith the joint committee in the preparation ofthe plan and regulations, or amendmentsthereto .. Only the members of the joint commit-tee shall vote on matters relating to the extrater-ritorial plan and regulations, or amendmentsthereto A separate vote shall be taken on theplan and regulations for each town and thetown members of the joint committee shall voteonly on matters affecting the particular townwhich they represent The governing bod y shallnot adopt the proposed plan and regulations , oramendments thereto,, unless the proposed planand regulations, or amendments thereto, re-ceive a favorable vote of a majority of the 6members of the joint committee . . Such voteshall be deemed action taken by the entire plancommission .

(d) The joint committee shall formulate ten-tative recommendations for the district planand regulations and shall hold a public h earingthereon .: Notice of a hearing shall be given bypublication in a newspaper having gener al cir-culation in the area to be zoned , as a class 2notice, under ch . 985, during the preceding 30days, and by mailing the notice to the townclerk of the town for which the plan and regula-tions are proposed . The notice shall cont ain thelayout.t of tentative districts either by map s orwords of description, and may contain thestreet names and house lot numbers for pur-poses of identification if the joint committee or,the governing body so determines . At a publichearing an opportunity to be heard shall beafforded to representatives of the town bo ard ofthe town and to any person in the town forwhich the plan andd regulations are prop osed .

(e) The governing body of the city may adoptby ordinance the proposed district plan andregulations recommended by the joint commit-tee after giving notice and holding a hearing asprovided in par , (d) , or the governing body maychange the proposed districts and regulationsafter first submitting the proposed changes tothe joint committee for recommend ation andreport . The joint committee and the governingbody may hold- a hearing on the proposedchanges after giving notice as provided in par ..(d) . The joint committee recommendation onthe proposed changes shall be submitted to thegoverning body in accordance with the votingrequirements set forth in par .. (c)

(f) The governing body of the city mayamend the districts and regulations of the extra-territorial zoning ordinance after fir st submit-ting the proposed amendment to the joint com-mittee for recommendation and report . The

area is located and to the town clerk of eachtown , any part of which is included in such area ..

(b) The governing body may enact, withoutreferring the matter to the plan commission , aninterim zoning ordinance to preserve existingzoning or uses in all or part of the extraterrito-rial zoning jurisdiction while the comprehensivezoning plan is being prepared Such ordinancemay be enacted as is an ordinary or dinance butshall be effective for no longer than 2 years afterits enactment, unless extended as provided inthis paragraph Within 15 days of its passage ,the governing body of the city shall publish theordinance in a newspaper having general circu-lation in the area proposed to be zoned as a class1 notice , under ch 985, and the city clerk shallmail a certified copy of the ordinance to theclerk of the county in which the extraterritorialjurisdiction is located and to the clerk of eachtown affected by the interim zoning ordinanceand shall file a copy of the ordinance with thecity plan commission , The governing body ofthe city may extend the interim zoning ordi-nance for no longer than one year ;, upon therecommendation of the joint extraterritorialzoning committee established under par . (c) .No other interim zoning ordinance shall beenacted : affecting the same area or part thereofuntil 2 years after the date of the expiration ofthe interim zoning ordinance or the one yearextension thereof. While the interim zoningordinance is in effect , the governing body of thecity may amend the districts and regulations ofthe ordinance according to the procedure setforth in par : (f) .

(c) If the governing body of the city adopts aresolution under par (a) , it shall direct the plancommission to formulate tentative recommen-dations for the district plan and regulationswithinn all or apart of the extraterritorial zoningjurisdiction as described in the resolutionadopted under pax . (a) When the plan commis-sion is engaged in the preparation of suchdistrict plan and r egulations , or amendmentsthereto , a joint extraterritorial zoning commit-tee shall be established Such join t committeeshall consist of .3 citizen members of the plancommission, or' 3 members of the plan commis-siom ,desgnated by the mayor if there are nocitizen members of the commission , and 3 townmemberss from each town affected by the pro-posed plan and regulations , or amendmentsthereto,. The 3 town members shall be ap-pointed by the town board for 3 year terms andshall be residents of the town and persons ofrecognized experience and qualif ications ..Town board memberss are eligible to serve . Ifthe town board fails to appoint the 3 memberswithin 30 days following receipt of ' the certifiedresolution under par . (a) , the board shall be

62.23 CITIES 1564Electronically scanned images of the published statutes.

procedure set forth in pa ys (c) , (d) and (e) sha llapply, to amendments, to the extr aterritorialzoning ordinance ., In th e case of a protestagainst, an amendment the applicable provi-sions under: sub . . (7) (d) shall be followed .

(g) Insofar as applicable the provisions ofsubs . (7) (e) , (f) , (8) and (9) shall apply . Thegoverning bod y of a c i ty which adopts an extra-territorial zoning o r dinance under this sub sec-tion may specifically provide in the ordin ancefor the enforcement and administration of thissubsection .. A town which has been issuingbuilding permits ma y continue to do so , but thecity building inspector shall approve such per-mits as to zoning prior to their issuance .

(8) OTHER MEASURES OF ENFORCEMENT ANDREMEDIES ; PENALTY Any building erected , con-structed or reconstructed in viol ation of thissection or regulations adopted pursuant theretoshall be deemed an unlawful st ructure , and thebuilding inspector or city attorney or, otherofficiall designated by the council may bringaction to enjoin such erection , construction orreconstruction , or cause such structure to bevacated or removed It shall be unlawful toerect , .: construct or reconstruct any building orrstructure in violation of this section or regul a -tions adopted pursuant thereto . . Any person ,firm or corporation violating such provisionsshall be deemed guilty of a misdemeanor , andupon conviction thereof shall be fined not morethan $500 .. Eachand every day during whichsaid illegal erection , construction or reconstruc-tion continues shall be deemed a separate of-fense In case any building or structuree is or isproposed to be erected , constructedd or recon-structed, or any land i s or is proposed to be usedin violation of this section or regulationsadopted pursuant thereto, the building inspec-toc or the city attorney or any adjacent orneighboring property owner who would be spe-cially damaged by such violation , may , in addi-tion to other remedies provided by law, instituteinjunction , mandamus, abatem ent or any otherappropriate action or proceeding to prevent orenjoin or , abate or remove such unlawful erec-tion , construction or reconstruction .

(9) BuiLD tNC INSPECTION . (a) The city councilmay provide for the enforcement of this sectionand all other laws and ordinances relating tobuildings by means of the withholding of build-ing permits , imposition of forfeitures and in-junctive action, and f'or such purposes mayestablish and fill the position of building inspec-tor . . 'From and after the establishment of suchposition and the filling of the same , it shall beunlawful to erect, construct or reconstruct anybuilding or other structure without obtaining abuilding permit from such building inspector;and such building inspector shall not issue any

permit unless the requirements of this sectionare complied with .

(b) The council may by ordinance designategeneral fire limits and regulate for safety andfire prevention the construction, alteration , en-largement and repair of buildings and struc-tures within such limits, and may designatespecial fire limits within, the general limits , andprescribe additional regulations therein . Anysuch proposed ordinance or amendmentthereto shall be referred to the city plan com-mission, if such commission exists , for consider-ation and report, before final action is takenthereon by the council . However , no suchordinance or amendment thereto shall beadopted or become effective until after a publichearing in ,relation thereto, which may be heldby the cit y plan commission or council , at whichparties in interest and citizens shall have anopportunity to be heard . Notice of the time andplace of the hearing shall be published as a class2 notice , under ch . 985 .

(9a) MAY EXERCISE POWERS OF BOARD OF

PUBLIC LAND COMMISSIONERS In cities of thefirst class ; said city plan commission may exer-cise all of the powers conferred on board ofpublic land commissioners under s : 27 .. 11 . .

(10) WIDENING STREETS, (a) When the councilby resolution declares it necessary for the publicuse to widen any street or a pa r t thereof ', it mayproceed as prescribed in ch .32, except as hereinmodified .. The determination of' necessit y by thecouncil shall not be a taking , but shall be anestablishment of new future boundary lines ,

(b) After such establishment no one shallerect any new structure within the new lines, norrebuild or alter the front or add to the height ofany existing structure without receding thestructure to conform to the new lines . Nodamages shall be received for any constructionin violation hereof

(c) The council may at any time after theestablishment of new lines provide compensa-tion :forany of ' thelands to . be taken , whereuponsuch lands shall be deemed taken, and therequired further proceedings shalll becommenced, _

(d) If a structure on lands thus taken is notremoved after th ree months' written noticeserved in manner directed by the council , thecity may cause it to be removed , andd maydispose of it and apply the proceeds to theexpense of removal , Excess proceeds shall bepaid to the owner , and excess expense shall be alien on the rest of the owner's land abutting onsuch street , and if not paid shall be assessedagainst such land and collected as are other realestate taxes . . If' the owner does not own theadjoining piece of land abutting on the new line ,

1565 CITIES 62 .23


streets . Whenever plans are adopted which aresupplementary to each other the common coun-cil may by ordinance combine such plans into asingle plan within the meaning of this section .Section 66 . . :54 shall apply to all assessmentsmade under this subsection ..

(15) ExcEss CONDEMNATION . Whenever anyof the purposes of sub . (14) are planned to becarried out by excess condemnation , benefitsmay be assessed in the manner provided in saidsubsection .

(1 6) BENEFITS FROM PUBLIC BUILDINGS . Any

benefits of public buildings and groups thereof 'may be assessed in the manner provided in s , .62.. 23 (14) .

(17) ACQUIRING LAND (a) Cities may acquireby gift, lease , purchase or condemnation anylands (a) within its corporate limits for estab-lishing, laying out, widening , enlarging , ex-tending and maintaining memorial grounds,streets , squares; parkways, boulevards, parks,playgrounds, sites for public buildings , andreservations in and about and along and leadingto any or all of ' the same ; (b) any lands adjoiningor near to such city for use , sublease or sale forany of the following purposes :

1 To relieve congested sections by providinghousing facilities suitable to the needs of suchcity ;

2 , To provide garden suburbs at reasonablecost to the residents of such city ;

3 . To establish city owned vacation campsfor school children and minors up to twentyyears of age, such camps to be equipped to giveacademic and vocational opportunities, includ-ing physical training .

(b) After the establishment, layout and com-pletion of such improvements , such city mayconvey or lease any such real estate thus ac-quired and not necessary for such improve-ments, with reservations concerning the futureuse and occupation of' such real estate , so as toprotect such public works and improvements ,and their environs , and to preserve the view ,appearance, light, air and usefulness of suchpublic works , and to promote the public healthand welfare .

(c) The acquisition and conve yance of landsfor such purpose is a public purpose and is forpublic health and welfare .

( 18) LAKESAND RIVERS .. The city may improvelakes and rivers within the city and establish theshore lines thereof so far as existing shores aremarsh , and where a navigable stream traversesor runs along the border of a city , such city maymake improvements therein throughout thecounty in which such city shall be located in aid

he shall be personally liable to the city for theexpense of removal .

(e) Until the city has taken all of the landswithin the new lines, it may lease any taken , tothe person owning same at the time of taking, atan annual rental of not more than five per centof ' the amount paid therefor by the city or of themarket value, if donated . . Improvements maybe maintained on such leased lands until alllands within the new lines are taken , whereuponthey shall be removed as provided in par . (d) .No damages shall be had for improvementsmade under such lease .

(11) BUILDING L INES . (a) The council may byordinance, in districts consisting of one side of ablock or more , establish the distance from thestreet that structures may be erected . The cityengineer shall thereupon make a survey andplat , and report the same , with description ofany structure then situated contrary to suchordinance, to th e council

(b) The council may by ordinance make suchregulationn or prohibition of construction onany parts of lots or parcels of land or on anyspecified part of any particular realty , as shallbe for the public health , safety or welfare .

(c) Whenever to carry out any ordinanceunder this subsection it is necessa ry to takeproperty for public use , the procedure of ch 32shall b e followed .

(12) VACATION CAMP COURSES . . A course ofacademic and vocational study ,, including phys-ical training, shall be provided by the city boardof education, for vacation camps establishedunder sub., (17).

(13),FUNDS . Funds to carry out the purposesof this section mayy be raised by taxation or bybondss issued as provided in ss . 67 .. 05 , . 67 .. 06 ,6 7 07 , 67 . 08 ;and 67 10 .

(14) ASSESSMENTS . The expense of acquiring ,establishing, laying out, widening, enlarging,extending, . paving , repaying and improvingstreets, arterial highways, parkways , boule-vards , memorial grounds , squares , parks andplaygrounds , and erecting bridges under anyplan adopted by the common council pursuantto this section or s . 27 11 , including the cost ofall lands and improvements thereon which it isnecessaryy to acquire to carry out such plan ,whether acquired by direct purchase or lease , orthrough condemnation, and also including thecost of constructing any bridge , viaduct orother, improvement which is a part of the planadopted by the common council, may be as-sessed , in whole or in part, to the real estatebenefited thereby , in the same manner in whichunder existing law in such city benefits anddamages are assessable for improvements of

62.23 CITIES 1566


Sub (7a) (b) allows interim freezes of existing zoning or, ifnone exists, interim freezing of existing uses It does not al-low city to freeze the more restrictive of zoning or usesTown of Grand Chute v City of Appleton, 91 W (2d) 293,282 NW (2d) 629 (Ct App . 1979)

Zoning board acted in excess of its power by reopeningproceeding which had once been terminated . Variance runswith land .. Goldberg v . Milwaukee Zoning Appeals Bd 115W (2d) - 517, 340 NW (2d) 558 (Ct App . 1983)

Notice under (7) (d) I b is required when proposedamendment makes substantial change. Herdeman v City ofMuskego, 1 16 W (2d) 687, 343 NW (2d) 814 (Ct App 1983)

See note to Art 1, sec . 13, citing State ex rel . NagawickaIs. Co~~p83 . Delafield, 117 W (2d) 23, 343 NW (2d) 816 (CtApp . 1983)

Zoning ordinances may be applied to land held by theU S for an Indian tribe so long as they do not conflict with afederal treaty, agreement or statute and the land use pro-scribed is not a federal governmental function 58 Atty . Gen . .91

Zoning ordinances utilizing definitions of "family" to re-strict the number of unrelated persons who may live in a sin-gle family dwelling are of questionable constitutionality . 63Arty Gen .. 34.

Seenote to 59 9 '71, citing 6 .3 Atty . Gen 69 as to (7a)Extraterritorial zoning under (7a) discussed . 67 Atty .

Gen . 238,Plaintiff's were not required to exhaust administrative

remedies under (7) (e) before bringing civil rights act suitchallenging definition of word "family" as used in that por-tion of village zoning ordinance creating single-family resi-dentialzones, since plaintiffs' claim was based on federal law .Timberlake v . Kenkel, 369 F Supp 456

The necessity of zoning variance or amendments notice tothe Wisconsin department of natural resources under theshoreland zoning and navigable' waters protection acts .Whipple, 57 MLR 25

62.231 Zoning of wetlands in shorelands . (1)DEFINITIONS . As used in this section :

(a) "Shorelands" has the meaning specifiedunder s . 59 . 971 (1) .

(b) "Wetlands" has the meaning specifiedunder s 23 32 (1) .

(2) FILLED WETLANDS Any wetland s whichare filled prior to the date on which a cityreceives a final wetlands map from the depart-ment of natural resources in a manner whichaffects their characteristics as wetlands are filledwetlands and not subject to an ordinanceadopted under this section .

(2m) CERTAIN WETLANDS ON LANDWARD SIDE

OF AN ESTABLISHED BULKHEAD LINE . . Any wet-lands on the landward side of a bulkhead line ,established by the city under s . .30 . . 11 prior toMay 7, 1982 , and between that bulkhead lineand the ordinary high-water mark are exemptwetlands . .s and not subject to an ordinanceadopted under this section

(3) ADOPTION OF ORDINANCE, To effect thepurposes of s , 144 26 and to promote the publichealth , safety and general welfare, each cityshall zone by ordinance all unfilled wetlands of5 acres or more which are shown on the fin a lwetland inventory maps prepared by the de-partment of natural resources for the city unders 23 . . 32, which are located in any shorelandsand which are within its incorporated area Acity may zone by ordinance any unfilled wet-lands which are within its incorporated area atany time ..e

of navigation, and for the protection and wel-fare of public health and wildlife,

History : 197,3 c 60 ; 1 975 c 28 1 ; ]977 c 205; 1 979 c 22 1 ,3 55 ; 1 98 1 c . 289, 3 41 , 35 4 , 374; 1 983 a 49, 4 10

Judicial Council Note, 1981 : Subsec ti o n (7 ) (e) 11 , 12 a nd13 have bee n rep e aled as u nn ecessary beca use in l ar ge p artthey mere l y descr ibe th e rem ed y of ce rt io r ari, which i s avail-able in a n ord in ary actio n Sees 78 1 . .0 1 , s l a t s, a nd the n o t eth er e to Those p rovision s of the repealed su bdivisions whichpe rmit depar tur e from ord inary cer t iorari proc edu res, suc has a u gmen tation of the r ecord by th e c o urt ., have been pla ce din su bd . 1 0 No s ub s t anti ve c han ge i n the scope o r standardof rev i ew i s int en de d . [Bi l l 61 3- A )A co n t ra ct ma de by a zoning a u thority t o zone or rezone

or no t to zon e is ill egal a nd a n or dina n ce made purs u antthereto is voi d beca u se a m u nicipa l i t y m ay n ot s ur render it sgove rnme nta l powers a nd funct ions or t hus i nhibit th e exer-ci se o f it s p o l ice or l eg is l ati ve p owers Wh en a z o ni n g author-ity does not make an agr eeme nt to zon e but is m o t iva t ed tozo ne by agr ee m en t s as to u se of th e la nd ma de by o thers or byvo lunt ary restrictions ru n n ing with the l and although sug-gested by the auth orit y, th e zonin g o rdin ance i s val i d a nd n o tcon si d e red to be contrac t o r co nditional zon ing . State ex rel .Z u p an ci c v Sc himen z, 4 6 W ( 2 d) 22, 174 NW (2d) 533

The rezo ning of one parc el in a neighborhood sh o ppingarea for l o c al bu sin ess was n o t a' viola t io n o f 62, 2 3 (7) (b)bec a use there i s n o minimum si ze r eq uiremen t an d " l oca lbu sin ess" was n o t sub s t ant ial l y different from " neighbor-h ood shopp ing" . Sta te ex te l : Z upa ncic v . Sc himen z, 4 6 W(2d) 22 ., 1 7 4 NW ( 2 d) 533 .

Spot rezo ning from resid entia l t o industrial i s a rb itr arya n d un reasonab le, where the re sult w o u ld be detr ime ntal tothe s ur ro un ding residential area, had no sub s tantia l re la t ionto th e p ublic h ealth, s afet y, m o ral s, or gen eral wel fare of t h ecommunity, and the reasons adv a nced t herefor were n e ith erm at erial nor s ubs ta ntial e n o ug h to justi fy th e amendme n t . .H ean ey v O shkos h , 47 W (2d) 303, 177 NW (2d) 7 4 .

A nonconforming use ma y be co nt inu ed e v en th o ug h itviol a t e d a n earlier-regulatory ordinance, so lon g as th e earl ieruse was no t p ro hibit ed . Franklin v Gerovac, 55 W (2d ) 51,1 97 NW (2d) 772

The owner o f a tac t of l and may, by leav ing a 1 0 0 footstrip alon g o ne s ide uncha nge d .: e l imina te t he ri g h t of prop-erty o wne rs adjacent t o th e st r ip to l egal l y prote s t R ezo ningof a 4 2 acre parce l cannot be co ns id ered s po t zonin g R o d-g e rs v Men omon ee Falls . 5 5 W (2 d) 563, 201 NW ( 2d) 29

A zo n i n g o rdin ance adopted b y a n e w city which ch a nge dthe zo ning of the form er t o wn did not expir e i n 2 year s un d er(7) (d a) e v en th o ugh labe le d a n i nte rim ordi nance . New Ber-lin v, Stein, 5 8 W ( 2 d) 41 7, 206 NW (2d) 20 7

A lo n g-standin g inte rpre tatio n o f a zoning o r di na nce byzoning o fficials i s t o be give n grea t weight by t h e cour t. S ta tee x rel . B ' n ai B'ri th F v Walwo rth Cou n ty, 59 W ( 2d) 29 6,208 NW (2 d ) 1 1 3

A cha llenge to a re fu sal by the b oard o f app eals t o h ear a nappea l whe re the groun ds alleged are a c o nstitut io na l lack ofdue pr ocess i n th e proceedi ngs c an only be heard in a s t a tu -tory c er tiorari . pro ceed i n g, not i n an actio n for declaratoryj ud gment . M ast er D isp osa l v Vil of Me nomonee F all s, 60W (2d) 653, 211 NW (2 d ) 4 77

S u b . ( 9) (a) i s no t a di rect g ra nt of power to the buildin ginsp ector. Racine v . LT Enter p rises o f Amer ica, Inc . 6 4 W(2d) 691, 221NW,(2d) 869 .

A munici p al ordin an ce rezoni ng property up on t h e occ ur-ren ce o f spe cified ' cond i tio n s a nd providi n g th a t the prop-e r ty s hal l rever t bac k t o i t s, prese nt zoni ng" if th e co n di ti o nsa re not met isnot i n va l i d as effecting a rezon i n g o f the realt yimme diately up o n the fa ilure t o sat isfy the co nd itions be -cau se th e rezo ni n g, rather tha n becom i ng ef f ective imme di-atel y and reve r tin g t o t he p rev io us c lassifi catio n up on no n-co mplian ce with the co ndi tions, nev er becomes effec ti ve u ntilsuch co nditi o ns are met i n the fi rst in s tance. K o n ke l v D e l a-fi eld C ommon Council , 68 W (2d ) 57 4 , 229 NW (2d) 60 6.

Minimum' req uireme nt s of ( 7) (a) do not inc lude publica-tion of a ma p , . P roof of nonco n forming use d i scuss ed . C ityo f L a ke Ge neva v . Smuda, 7 5 W (2d) 532, 2 49 NW ( 2d ) 783 .Whe re zoning board of appea l s had p ow e r under (7) (e)

a nd 7 to in valida te c ondit ion s impos ed by pla n commi ssiona nd a ff o rd r e lief t o a ffec ted p ro pe rty ow ners w i th out i n val i-d a ting d is pu ted ord in a nce, owners' failure to ch a llenge co n -diti o n s before board precl ud ed ow ne rs from chall e n gin g inco u rt as un co n st it utio n al c ommi ssio n 's implementation ofo rdi n a nce . N o d e ll In v. Corp v G le ndale, 78W (2 d ) 4 16, 2 54NW (2d) 3 .10`

1567 CITIES 62.23 1


62 . 234 Construction site erosion control andstorm water management zoning . (1) DEFINI-TION, As used in this section, "department"meanss the department of natural resources .

( 2) AUTHORITY TO ENACT O RDINANCE. Toeffect the purposes of s 144 266 and to promotethe public health, safety and general welfare, acity may enact a construction site erosion con-ttol and storm water management zoning ordi-nance applicable to all of its incorporated areaThis ordinance may be enacted separately fromordinances enacted under s 62 23,

(4) APPLICABILITY OF CITY ZON ING PROVI-SIONS. (a) Except as otherwise specified in thissection,, s . 62,23 applies to any ordinance oramendment to an ordinance enacted under thissection . .

(b) Variances and appeals regarding con-struction site erosion control or, storm watermanagement regulations are to be determinedby the board of appeals for that city .. Proce-

62 .25 Claims and actions . (1) CLAIMS Noaction may be brought or maintained against acity upon a claim, or cause of action unless theclaimant complies with s. 89 .3 .80 .

(2) ACTIONS. (a) Damages, if any, in an actionagainst a city officer in his official capacity,except the action directly involve the title to hisoffice, shall not be awarded against such officer,but may be awarded against the city

.(b) In an action to restrainn payment by a cityfor work performed or material furnished, theplaintiff'shall give a bond conditioned for pay-,merit to the claimant ; if the action is finallydetermined in the claimant's favor ; of damagescaused by the delay, including expense incurred

62.231 CITIES

(4) CITY PLANNING . (a) Powers and proce-dures Except as provided under sub . (5) , s ,62 23 applies to ordinances and amendmentsenacted under this section . .

(b) Impact on other zoning ordinan ces . If acity ordinance enacted under s 62 .23 affectingwetlands in shorelands is more restrictive thanan ordinance enacted under this section affect-ing the same lands , it continues to be effective inall respects to the extent of the greater restric-tions, but not otherwise ..

(5) REPAIR AND EXPANSION OF EXISTINGSTRUCTURES PERMITTED . Notwithstanding s .62 23 (7) (h), an ordinance adopted under thissection may not prohibit the repair, reconstruc-tion , renovation, remodeling or expansion of anonconforming structure in existence on theeffective date of an ordinance adopted underthis section or any environmental control facil-ity in existence on May 7, . 1982 related to thatstructure

(6) FAILURE TO ADOPT ORDINANCE , If any citydoes not adopt an ordinance .e required undersub (3) within 6 months after rece i pt of finalwetland inventory maps prepared by the de-partment of natural resources for the city unders 23 .. 32 , or if' the department of natural re-sources, after notice and hearing , determinesthat a city adopted an ordinance which fails tomeet reasonable minimum standards in accom-plishing the shoreland protection objectives ofs 144,26 (1), the department of natural re-sources shall adopt an ordinance for the city . .As far as applicable, the procedures set forth ins . . 87 .. .30 apply to this subsection .

History: 1981 c . 33 0, 391

1 .5 6 8

duce5 under s . 62,23 (7) (e) apply to thesedeterminations .

(c) An ordinance enacted under this sectionsupersedes all provisions of an ordinance en-acted under s 62 . 23 that relate to constructionsite erosion control or storm water managementregulation .

(5) APPLICABILITY OF COMPREHENSIVE ZONING

PLAN OR GENERAL. ZONING ORDINANCE . . Ordi-

nances enacted under ' this section shall accordand be consistent with any comprehensive zon-ing plan or general zoning ordinance applicableto the enacting cities, so far as practicable . .

(6) APPLICABILITY OF LOCAL SUBDIVISION REG .

utnnoN All powers granted to a city under s .236 45 may be exercised by it with respect toconstruction site erosion control or storm water 'managementt regulation if the city has or pro-vides a planning commission or agency . .

(7) APPLICABILITY TO LOCAL: GOVERNMENTSAND AGENCIES. An. ordinance enacted under thissection is applicable to activities conducted by aunitt of local government and an agency of thatunit of government . An ordinance enactedunder this sectionn is not applicable to activitiesconducted by an agency , as defined under s .22701(l).. ; which is subject to the state construc-tion site erosion control and storm water man-agement plan promulgated or a memorandumof understanding entered intoo under s . ]44 . 266(2 )

(8) INTERGOVERNMENTAL COOPERATION ; RE-GIONAL PLANNING COMMISSION Section 66 30applies to this section , except that for the pur-poses of this section any agreement under s .66 . 30 shall be effected by ordinance . If ' a city isserved by a regional planning commissionunder s. 66 945 and if' the commission consents , :the city may empower the commission b y ordi -nance to administerr the ordinance enactedunder this section throughout the city , whetheroc not the area otherwise served by the commis-sion includes all of that city . .'

History : 1983 a 416 ; 1983 a 538 s 271 .


in the action , and interest . The bond shall bewith two sureties to be approved by the court,and in an amount fixed by the court and suffi-cient to cover all probable damages . .

(d) No person shall be ineligible to sit asjudge, j ustice or juror in an action to which thecity is a party, by reason of being an inhabitantof the 'city .

History : 1977 c 285 ; 1979 c 323 s 33 ,Cross References: As to filing claims and demands against

the city, see 62 . 12 (8)For an alternative system of approving claims, see 66 . 044..An action against a municipality based on a filed ''claim"

which did not state a dollar amount must be dismissed Thefact that the city, council denied the claim did not bar the de-fense . By purchasing liability insurance the city did not waivethe protection of the statute 'T' he plaintiff can start a newaction under 893 . 35 Sambs v . Nowak, 47 W (2d) 158, 177NW (2d) 144 .

Sub (]) is applicable to counterclaim for money damagesin lawsuit commenced by city Milwaukee v. MilwaukeeCivic Developments 71 W (2d) 647, 239 NW (2d) 44 .

See note to art . I, sec I, citing'Binder v Madison, 72 W(2d) 613, 241 NW (2d) 613

Nothing in either ch 62 or ch , 120 precludes school boardfrom qualifying as a proper " claimant" under 62 .25 JointSchool Dist No I v. City of Chilton, 78 W (2d) 52, 253 NW(2d) 879

This section does pot apply to claim for equitable relief .Kaiser v City of Mauston, 99 W (2d) 345, 299 NW (2d) 259(Ct App 1980) "

Plaintiff was not required to present claim to city councilunder (1) (a) as a prerequisite to maintenance of action undercivil rights act . . Mathias v . City of Milwaukee Dept .t of CityDevelop .. 377 F Supp 497 ,

62.26 General provisions. (1) LAWS IN FORCE .The general laws for the government of cities ,villages and towns , the assessment and collec-tion of taxes, the preservation of public andprivate property,, highways, roads and bridges,the punishment of offenders , the collection ofpenalties and the manner of conducting elec-tions shall be in force in all cities organizedunder this subchapter except as otherwise ; pro-vided under this subchapter .

(2) EQUITY IN LAND The acquisition or reten-ti on by a city of an equity o f' redemption inlands shall not create any liability on the part ofthe city to pay any bonds issued or mortgage ortrust deed upon such lands executed prior to theacquisition by , the city of such equity .

(3) FORMS . The use of any forms prescribedby the statutes of this state, as f ar as the sameare applicable , shall be as legal andd of thee sameforce and effect as the use of the forms pre-scribed by this subchapter

(4) REWARDS, When any heinous offense orcrime has been committed against life or prop-erty with in any city the mayor, with the consentof a majority of the aldermen , may offer areward for the apprehension .of' the criminal orperpetrator of such offense ,

(6) CITIES, [N MORE THAN ONE COUNTY .. Incities lying in more than one county the follow-ing shall apply :

POLICE AND FIRE DEPARTMENTS INCITIES OF THE FIRST CLASS

62.50 Police and fire departments in 1stclass cities . (1) ORGANIZATION In all I S 1 classcities, however incorporated, there shall be aboard of five and police commissioners, consist-ing of 5 citizens, not more than 2 of whom shallat any time belong to the same political party. .The staff' and members of the board shalll re-ceive the salary or other compensation for theirservices fixed by the common council, Thesalary shall be fixed at the same time and in thesame manner as the salary of other city officialsand employes Three members of the boardshall constitute a quorum necessary for thetransaction of business. It shall be the duty ofthe mayor of the city, on or before the 2ndMonday in July, to appoint 5 members of theboard, designating the term of office of each,one to hold one year, one to hold 2 years, one tohold 3 years, one to hold 4 years and one to hold5 years;, and until their respective successorsshall be appointed and qualified Thereafter theterms of office shall be 5 years from the 2ndMonday in July, and until a successor is ap-pointed and qualified . Every person appointeda member of the board shall be subject toconfirmationn by the common council and shall,before entering uponn the duties of' the officetake and subscribe the oath of'of'fice prescribedby article IV, section 28, of'the constitution, andfile the same duly certified by the officer ad-ministering it, with the clerk of the city . Ap-pointments made ; prior to the time this sub-chapter first applies to a 1st class city shall notbe subject to confirmationn by the commoncouncil .

1 569 CITIES 62.50

(b) Accused persons may be put in custody ofan officer or committed to the jail of the city orof the county where the offense was committed . .

(d) Officers of the city, who by law have thepowers of ' constables in the county in which thecity is located, shall have such powers in eithercounty . .

(7) CHANGE OF CITY rrnME . The name of anycity of the fourth class shall be changed if amajority of the electors shall address a writtenpetition therefor to the council designating thenew name, and the council shall by a two-thirdsvote of all the members adopt an ordinancechanging to such new name .. The change shallbe in effect upon publication of the ordinance inthe official paper, and the filing of a copythereof in the office of the secretary of state .

History : 1977c l51 .

SUBCHAPTER II


(1m) POLICY xEViEw . The board shall con-duct atleast once each year a polic y review of allaspects of the operations of the police and firedepartments of the city . . The board may pre-scribe general policies and standards for thedepartments . The board may inspect any prop-erty of the departments , including but not lim-ited to books and records , required for a reviewunder this section . .

( 2) CONTROL, OF APPOINTMENTS No personmay be appointed to any position either on thepolice force or in the fire department of the city ,except with the approval of the board .

(3) RULES . (a) The board may prescribe rulesfor the government of the members of eachdepartment and may delegate its rule-makingauthority to the chief ' of each depar tment : . Theboard shall prescribe a procedure for review ,modification and suspension of any rule whichis prescribed by the chief, including, but notlimited to, any rule which is in effect on March28 , 1984 ,

(am) The common council may suspend anyrule prescribed by the board under par . . (a) .

(b) The-board shall adopt rules to govern theselection and appointment of 'persons employedin the police and fire departments of the city . .The rules shalll be designed to secure the bestservice for- the public in each department. Therules shall provide for ascertaining , as far aspossible, physical qualifications , standing andexperience of' all applicants for positions, andmay provide for the competitive examination ofsome or all applicants in such subjects as aredeemed proper for the purpose of best deter-mining thee applicants' qualifications for theposition sought. The rules may provide for theclassification of' positions in the service and fora special course of inquiry and examination forcandidates for each class . .

(c) The rules of each department shall beavailable to the public at a cost not to exceed theactual copying costs ,

(4) PRINTING AND DISTRIBUTION OF REGULA-

norrs , The board shall cause the rules andregulations prepared and adopted under ' thissection, and all changes therein, to be printedand distributed as the board deems necessary,and the expense thereof shall be certified by theboard to the city comptroller and shall be paidby the city " The rules and regulations shallspecify the' date when they take effect, andthereafter all 'selections of persons for employ-ment, appointment or promotion, either in thepolice force or,the fire department of such citiesexcept of the chief' of police, the inspector ofpolice, the chief engineec~ and the first assistantof the fire department, shall be made in accord-ance with such rules and regulations . .

(5) EXAMINATIONS. The examinations whichthe rules and regulations- provide for shall bepublic and free to all U , S citizens with properlimitations as to residence , age , health and ,subject to ss 1 . 11 .. .321 , 111 . . .322 and 111 . . 3 .35 ,arrest and conviction record The examinationsshall be practical in their character and shallrelate to those matters which fairly test therelative capacity of ' the candidates to dischargethe duties of the positions in which they seekemployment or to which they seek to be ap-pointed and may include tests of manual skilland physical strength The boardd shall controlall exam inations and may.y designate suitablepersons , either in the official service of the cityor not, to conduct such examinations and maychange such examinerss at any time, as seemsbest ,

(6) APPOINTMENT OF CHIEFS _ I f a vacancy

exists in the office of chief ' of police or in theoffice of chief engineer of the fire department ,the board by a majority vote shall appointproper persons to fill such offices respectively . .When filling aa vacancy imthe office of chief ' ofpolice or in the office of chief engineer of the firedepartment occurring after June 1 .5 , 1977 , theboard shall, appoint the person to a term ofoffice the number of years and commencementdate of which shall be set by the city of the 1stclass by ordinance and which may not exceed 10,years, or ; for the remainder of an unexpiredterm .

(7 ) INSPEC70RS AND CAPTAINS, VACANCIES. I f

a vacancy exists in the office of inspector ofpolice or captain of police, the chief ' of policeshall nominate and with the approval of the

` board shall appoint a suitable person to theoffice subject to suspension and removal underthis section.

( 8) FIRST ASSISTANT ENGINEER, VACANCY, If a

vacancy exists in the office of the first assistantengineer of the ' fire 'department ; the chief engi-neer shall nominate and with the approval ofthe board shall appoint a suitable person to theoffice , subject to suspension and removal underthis section

(9) MEMBERS OF FORCE, VACANCIES . All of the

members of the force in either departmentnamed, at the time when the rules and regula-tions go into effect, shall continue to hold theirrespective positions at the pleasure of theirrespective chiefs ;` subject to trial under thissection, and all persons subsequently appointedshall so hold .. All vacancies in either depart-ment shall be filled and all new appointmentsshall be made by the respective chief 's with theapproval of the board . Where vacancies in oldoffices or newly created offices can , with safetyto the department , be filled by the promotion of

62.50 CITIES 1570


officers o r persons already in t hee service andwho have proved their fitness for the promo-tion, the vacancies in newl y created offices shallbe so filled b y promotion by the respectivechiefs with the approval of the board .

(10) SALARIES ; PENSIONS Provision may bemade by the common counci l of a city bygeneral ordinance that the salar ies of the mem-bers of 'the forcee in the police and fire depart-ment of the city shall incre a se with the length ofterm of service . The salary and compensationof all members of the force in such department sshall be at all time s subject to ch ange by thecommon council, but the salar y or compensa-tion of' the members of the force i n the service ofeither department may not be decreased , exceptupon the previous recommendations of suchchange made in writing by the board to thecommon council . . . The common council mayprovide for an annual pension for life for suchmembers of either service as are honorablydischarged from same . .

(10m) REST DAYS . The council of every city ofthe lst class, however org anized, may providefor ,,and when such provision is made , the chiefof the police department shall assign to eachpolice officer in the service of the city one fullrest day of 24 consecutive hours during each192 hours ,, except in cases of positive necessityby some sudden and serious emergency, which ,in the judgment of the chief ' of police , demandsthat such day of ' rest not be given at such time ..Arrangements shall be made so th at each fullrest day may be had at such time as will notimpair the efficiency of the department.

( 11 ) DISCHARGE OR SUSPENSION . No member'of the police force or fire department may bedischarged or suspended for a term exceeding30 days by the chief of either of the depa rtmentsexcept for cause and after trial under thissection ..

(12 ) TRIAL . TO BE ORDERED Whenever' . C0117-plaint against any member of the force of eitherdepartment is made to the chief thereof, ,thechief shall immediately communicate the sameto . the board of fire and police commissionersand a trial shall be ordered by the board underthis section . .

(13) DISCHARGE OR SUSPENSION; APPEAL . .. Thechief' discharging or suspending for a periodexceeding 5 days any member of the force shallgive written notice of the discharge or su spen-sion to the member and immediately report thesame to the secretary o f the board of fire andpolice commissioners together with a complaintsetting forth : the reasons for the discharge orsuspension andd the namee of the complainant ifother than the chief. Within 10 days after thedate of service of thee notice o f a discharge or

suspension order the members so discharged orsuspendedd may appeal from the order of dis-charge or suspension or discipline to the boardof fire and police commissioners , by filing withthe board a notice of' appeal in the following orsimilar form :To thee honorable board of fire and policecommissioners :

Please take notice that I appeal from theorder or decision of' the chief'f of the . . depart-ment, discharging (or suspending) me f romservice , which order of di scharge (or suspen-sion) was made on the . . day of ., 19

(14) COMPLAINT . The board , after receivingthe notice ofappeal shall , within 5 day s, servethe appellant with a cop y of ' the complaint and anotice fixingg the time and place of tri a l , whichtime of trial may not be less than 5 days normore than 15 days after service of th e noticee anda copy of the complaint

(15) NOTICE OF TRIAL . Notice of the time andplace of the trial , together with a copy o f thecharges preferred s hall be served upon the ac-cused in the same manner th a t a summons isserved in this state,

(16) TRIAL; ADJOURNMENT The accu sed andthe chief shall have the right to an adjournmentof the trial or investigation of the charges, not toexceed 15 days . In the course of any trial orinvestigation under this section e ach member ofthe fire and police commissi on may administeroaths ; secure by its subpoen as both th e a ttend-ance of ' wimesses and the production of rec ordsrelevant to the trial and investig ation , and com-pel witnesses to answer and may punish forcontemptt in the same manner provided by lawin trials before municipal j udges for failure toanswer or to produce records necessary for thet r ial . The trial sh all be public and a ll witne ssesshall be under oath .. The accused shall have fullopportunity to be he a rd in defen se and shall beentitled to secure the attendance of all witnessesnecessary for the defense at the expense of thecity . The accused may appear in person and byattorney , The city in which the dep artment islocated may be represented by the cit y a ttorne y,All evidence sh all be taken by a stenographicreporter who fir st shall be sworn to perform theduties of a stenographic reporter in taking evi-dence in the matter fully and fairly to the bes t ofhis or her ability .

(17) DECISION Within 3 d ays after hearingthe matter the board shall , by a majority vote ofits members , determine whether by a prepon-derance of' the evidence the charge s are sus-tained . If the board determines th a t th e charge sare sustained, the board shall at once determinewhether thegood of the s ervice require s tha t theaccu sed be perm anentl y discharged o r be sus-

1571 CITIES 62 .50


Please take notice that I hereby dem and thatthe circuit court of County review the ordermade by the Board of Fire and Police Commis-sioners on the day of _ A D disch arging ,(or suspending) from the department .

(Signed) .

(21 ) CERTIFICATION AND RETURN OF RECORD ;HEARING . Upon the service of the dem and undersub . (20) , the board upon which the servic e ismade shall within 5 days there after certify to theclerk of the circuit court of the county allcharges , testimony, and everything relative tothe trial and discharge , suspension or reducti onin rank of the member . Upon the filing of thereturn with the clerk of court , actions for reviewshall be gi ven preference. Upon application ofthe discharged member or the board , the courtshall fix a date for the trial which shall be nolater than 15 days after the date of ' the applica-tion except upon agreement between the boardand the discharged or suspended member . Theaction shall be tried by the court without a juryAnd shall be tried upon the return made by theboard. In determining the question of factpresented , the court shall be limited in thereview thereof' to the question : "Under theevidence was the decision of the board reason-able2" The court ma y require addition al returnto be made by the board , and may also requirethe board to take additional testimony andmake return thereof.

(22) Cosrs ; xeiNSrArsMCNr . No costs m ay beallowed in the action to either p arty and theclerks ; fees shall be paid by the city in which thedepartment is located . . If the deci sion of theboard is reversed , the discharged or suspendedmember shall forthwith be reinstated in his orher former position in the department and sha llbe entitled to pay the same as if not discha rgedor suspended . If the decision of the bo ard issustained , the order of discharge , suspension orreduction shall be final e and conclusive in allcases

(23) DUTIES OF cxi EF . The chief ' engineer ofthe fire department and the chief ' of police of aIst class city, shall be the head of their respec-tive departments . The chief ' of police sha llpreserve the public peace and enforce all lawsand ordinances of the city .. The chiefs s hall beresponsible for the efficiency and general goodconduct of the department under their control ,The board may review the efficiency and gen-eral good conduct of the departments .. A chiefshall act as an advisor to the board when theboard reviews his or her department Theboard may issue written directives t o a chi e f 'based on a review of the chief's departmentThe chief' receiving a directive sh a ll impl ementthe directive unless the directive is o v erruled in

pended without pay for a period not exceeding60 day s or reduced in rank .. I f the charges arenot sustained the accused shall be immediatel yreinstated in his or her former position , withoutprejudice The decision and findings of theboard shall be in writing and shall be filed ,together with a transcript of the evidence , withthe secretary of the board . .

(18) SALARY DURING SUSPENSION . . No chiefofficer of e ither department or member of thefir e department may be deprived of any salaryor wages for the .e period of time suspendedpreceding an investigation or tri al , unless thecharge is sustained .. No member of the policeforce may be suspended or discharged undersub . (11) or, (13) without pay or benefits untilthe m a tt e r that is the subject of the suspensionor discharge is disposed of by the board or thetime for appeal under sub . . (13) passes withoutan appeal being made .

(19) CHARGES BY AGGRIEVED PERSON. in caseswhere duly verified charges are filed by anyaggrieved person with the board of fire andpolice commissioners , setting forth sufficientcau s e for the removal of any member of eitherof the departments , including the chiefs or theirassistants, the board or chief may suspend suchmember or officer pending disposition of suchcharges , The board shall c ause notice of thefiling of the charges with a copy to be servedupon the accused and shall set a date for thetrial and investigation of the char ges, followingthe procedure under this section .. The boardshall decide by a majority vote whether thecharges are sustained . If s ustained , the boardshall immediately determine whether the goodof the ` service ` requires that the accused beremoved , suspended f r om office without payfor a period not exceeding 60 days or reduced inrank . . If ' the charges are not sustained , theaccused shall be immediately reinstated withoutprejudice : . The secretary of the board shallmake the decision public .

(20) CIRCUIT COURT REVIEW; NOTICE Any

officer or member of e ither department dis-charged , suspended or reduced , may , within 10days after the decision and -findings under thissection are filed with the secretary of the board,bring an action in the circuit court of the countyin which the city is located to review the order .Such action shall begin by the serving of anotice on the secretary of the board makingsuch order and on the city attorne y of such city,which notice may be in the following or similarform :In Ci rcuit C ourt , County . .To Board of Fire and Police C ommissioners ,To City Attorney :

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writing by the mayor Each of the chiefs shall (26) RESERVATION of EXISTING TERMS Noth-maintain and h ave custody of all prop e rty of ing contained in this section m ay be construedtheir respective departments , including but not to affect the term of office of any person who islimited to , all book s and records , which shall be ; a member of any polic e or fire commission inavailable and subject to inspection by the any city of the 1st cl as s nor to affect th e term o fboardd office of any member appointed t o fill out the

(24) SIGNAL SERVICE DEPARTMENT . All appa- ` unexpired term of any person who i s a memberratus and all, mechanical appliances requirin g of such commission at the time this section fir s tthe use of telegr aph or ,telephone wire or other applies to such city ,wire for' signaling purposes,, with the, conse- (2 7) MAYOR TO APPOINT ADDITIONAL MEM-quent use of the public highways, together with BERS A mayor ofa city o f th e 1st cl a ss , whethersuch wire and a ll appurtenances to such appara-

acting under a general or special charter , shalltus and the constructional work therefor-, may appoint a sufficient number of member s fo r thebe placed under the management and cont rol of police and fire commission of "s uch city so thata separate department Such dep artment shall the commi ssion shall conform with this section ,be establi shed and the compensation of thesuperintendent and all employer of such depart ; and such additional members and their succes-ment shall be fixed b y ordinance of the common sor s shall be appointed for a term of 5 yea r scouncil The superintendent of the department (28) ENGAGING IN POLITICAL ACTIVITY Sub-shall be appoint ed by the board,, and, all other ject to th e requirements of ch 164 , the commonemployes of the department shall be appointed council of any 1st class city may enact anin the same manner, and shall be subject to ordinance which regulates the political activitie sremoval upon the same conditions as the mem- of it s law enforcement officers as defined in ssbets of the fire and police departm ents , and 165 85 (2) (c), including ; but not limited to,wherever applicable this section sh all appl y to providing for leaves of absence for memberssuch department the same as t o the fire and who are candidates for or who are elected topolice departments public office .

(25) CHIEF EXAMINER The board may appoint (29) OFFICERS' RIGHTS In case of 'a conflicta chief examin er The bo ard shall prescribe the with ch 164, the provisions of ch . 164 supersedechief' examiner's duties and compensation , the provi s ions of this sectionnwhich shall be paid by the city on the cer tificate History : 1977 c 19, 20, s3 ~ 15 1 ; t 9» c 272 ss 24 to 30,of the board. Such examiner is subject to 92 to 95 ; 1979c 307 , 351 ; 1979c. 361 s . 113 ; 1981 c 213, 380;removal at any time b y a majority of the board, 1981 c 391 5 211 ; 1983 a 58,179,192, 219

and the board may change such duties and See note to 788 10 , citing Milwaukee v . Milwaukee Police, Asso 97 W (2d) 15, 292 NW (2d) 841 (1980))

compensation at any time as it deems pr' oper'.. Discharges based solely on coerced confessions were im-The board may fix and alter compensation for pr oper oddsen v Board of Fire & Police com'i5 108 W

.an y other examiners appointed by the board , (2d) 143, 321 NW (2d) 161 (1982)

and such compensation shall be paid by the city sBoard does not have original ruie -making authorityunder (23) Board can suspend rules prescribed by chiefs and

on certificate of the bOaICId can enact rules to replace suspended rules . 71 Atty . Gen 60

1573 _ CITIES 62.50 .


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