Wis. Stat. § 60.23 — WI Code / Chapter 60 / Section 60.23
Miscellaneous powers.
Status: in_force

The town board may:

(1) Joint participation. Cooperate with the state, counties and other units of government under s. 66.0301 , including cooperative arrangements involving the acquisition, development, remodeling, construction, equipping, operation and maintenance of land, buildings and facilities for regional projects, whether or not located in the town.

(2) Utility districts. Establish utility districts under s. 66.0827 and provide that any convenience or public improvement in the district be paid for under that section.

(3) Appropriations for civic and other functions. If authorized under s. 60.10 (3) (b) , appropriate reasonable amounts of money for gifts or donations to be used to:

(a) Further civic functions and agricultural societies.

(b) Advertise the attractions, advantages and natural resources of the town.

(c) Attract industry.

(d) Establish industrial complexes.

(e) Establish, maintain and repair ecological areas.

(f) Provide for the organization, equipment and maintenance of a town museum or a municipal band, or for the employment of other bands to give concerts and municipal entertainment in the town.

(g) Construct or otherwise acquire, equip, furnish, operate and maintain, with the county in which the town is located, a county-town auditorium. The provisions of s. 66.0925 , as they apply to cities, shall apply to towns, and the powers and duties conferred and imposed by s. 66.0923 upon mayors, councils and specified city officials are hereby conferred upon town board chairpersons, town boards and town officials performing duties similar to the duties of such specified city officials respectively, except those provisions or powers that conflict with statutes relating to towns and town boards.

(4) Town industrial development agency. In order to promote and develop the resources of the town, appropriate money for and create a town industrial development agency or appoint an executive officer and provide staff and facilities for a nonprofit organization organized to act under this subsection. A town industrial development agency created under this subsection may:

(a) Develop data regarding the industrial needs of, advantages of and sites in the town.

(b) Engage in promotional activities to acquaint prospective purchasers with industrial products manufactured in the town.

(c) Coordinate its activities with the county planning commission, the Wisconsin Economic Development Corporation, and private credit development organizations.

(d) Engage in any other activity necessary for the continued improvement of the town’s industrial climate.

(5) Cooperation in county planning. Cooperate with the county in rural planning under ss. 27.019 , 59.54 (4) and (4m) and 59.69 .

(6) Conservation of natural resources. If authorized by the town meeting under s. 60.10 (3) (a) , appropriate money for the conservation of natural resources or for payment to a bona fide nonprofit organization for the conservation of natural resources within the town or beneficial to the town. No payment may be made to a nonprofit organization unless the organization submits and the town board approves a detailed plan of the work to be done. The plan shall include the name of the owner of any property on which work is to be performed.

(8) Emergency pest and disease control. Appropriate money for the control of insects, weeds or plant or animal diseases if:

(a) An emergency arises within the town due to insects, weeds or plant or animal diseases; and

(b) The board determines that any delay resulting from calling a special town meeting to authorize the town board to appropriate money for this purpose under s. 60.10 (3) (c) would result in serious harm to the general welfare of the town.

(9) Resident health care providers in certain towns. In a town comprised entirely of one or more islands, annually appropriate money to retain a physician or, if no physician is available, a physician assistant, naturopathic doctor, or nurse practitioner, as a resident within the town.

(10) Bowling centers, dance halls, roadhouses, places of amusement, pool tables and amusement devices. Regulate, including the licensing of, bowling centers, dance halls, roadhouses, other places of amusement, billiard and pool tables and amusement devices maintained in commercial facilities. If a license is required, the board shall establish the term of the license, not to exceed one year, and the license fee. The board may suspend or revoke, for cause, a license issued under this subsection. Any person violating a regulation adopted under this subsection shall forfeit to the town an amount established by the town board.

(12) Reimbursement of school districts for providing transportation in hazardous areas. Reimburse a school district for costs incurred by the district under s. 121.54 (9) in transporting pupils who reside in the town.

(13) Exchange tax credit for county land. Authorize the town treasurer to exchange any credit the town has with the county, arising from delinquent real estate taxes, for county-owned land.

(14) Associations of towns. Appropriate money to purchase membership in any association of town boards for the protection of town interests and improvement of town government.

(15) Vacation of alleys. Vacate any alley in the town under s. 66.1003 . The town board may not vacate, under this subsection, an alley adjacent to land fronting a state or county trunk highway.

(16) Cemeteries. Provide for cemeteries under subch. II of ch. 157 .

(17) Change street names. Name, or change the name of, any street in the town under s. 82.03 (7) .

(17m) Neighborhood watch program and signs. Authorize a neighborhood watch program. The town board may place within the right-of-way of a street or highway under the jurisdiction of the town a neighborhood watch sign of a uniform design approved by the department of transportation. If the town board obtains the approval of the county board, the town board may place a sign under this subsection within the right-of-way of a county trunk highway within the limits of the town. No sign under this subsection may be placed within the right-of-way of a highway designated as part of the national system of interstate and defense highways.

(19) Fences in subdivisions. If authorized under s. 60.10 (2) (c) to exercise village powers, by ordinance require a subdivider to construct a fence under s. 90.02 on the boundary of a subdivision, as defined under s. 236.02 (8) , as a condition of plat approval by the town. The fence shall be maintained under s. 90.05 (2) and repaired under ss. 90.10 and 90.11 .

(20) Disposition of dead animals. Notwithstanding s. 59.54 (21) , dispose of any dead animal within the town or contract for the removal and disposition with any private disposal facility. A town may enter into a contract with any other governmental unit under s. 66.0301 to provide for the removal and disposition. A town may recover its costs under this subsection by imposing a special charge under s. 66.0627 .

(22) Contribution to truancy. If the town board has established a municipal court under s. 755.01 (1) , adopt an ordinance to prohibit conduct that is the same as or similar to that prohibited by s. 948.45 and impose a forfeiture for a violation of the ordinance.

(22m) School attendance. If the town board has established a municipal court under s. 755.01 (1) , enact and enforce an ordinance to impose a forfeiture, which is the same as the fine provided under s. 118.15 (5) , upon a person having under his or her control a child who is between the ages of 6 and 18 years and whose child is not in compliance with s. 118.15 .

(23) Power to prohibit certain conduct. Enact and enforce ordinances, and provide forfeitures for violations of those ordinances, that prohibit conduct which is the same as or similar to that prohibited by chs. 941 to 948 , except as provided in s. 66.0107 (3) .

(25) Self-insured health plans. Provide health care benefits to its officers and employees on a self-insured basis, subject to s. 66.0137 (4) .

(27) Town housing authorities, blighted areas. Engage in certain housing and redevelopment activities. The provisions of ss. 66.1201 to 66.1211 , 66.1301 to 66.1329 , 66.1331 to 66.1333 and 66.1335 , except the provisions of s. 66.1201 (10) and any other provisions that conflict with statutes relating to towns and town boards, apply to towns, and the powers and duties conferred and imposed by ss. 66.1201 to 66.1211 , 66.1301 to 66.1329 , 66.1331 to 66.1333 and 66.1335 , except the powers and duties conferred and imposed by s. 66.1201 (10) and any other powers that conflict with statutes relating to towns and town boards, upon mayors, common councils and specified city officials are conferred upon town board chairpersons, town boards and town officials performing duties similar to the duties of the specified city officials and common councils respectively. Any town housing authorities created under this subsection may participate in any state grants-in-aid for housing in the same manner as city housing authorities created under ss. 66.1201 to 66.1211 .

(28) Safety buildings. Construct, acquire, equip, furnish, operate and maintain a safety building. The provisions of s. 66.0925 , as they apply to cities, shall apply to towns, and the powers and duties conferred and imposed by s. 66.0925 upon mayors, common councils and specified city officials are hereby conferred upon town board chairpersons, town boards and town officials performing duties similar to the duties of such specified city officials and common councils respectively, except those provisions or powers that conflict with statutes relating to towns and town boards.

(29) Billboard regulation. Enact and enforce an ordinance, and provide a forfeiture for a violation of the ordinance, that regulates the maintenance and construction of billboards and other similar structures on premises abutting on highways in the town that are maintained by the town or by the county in which the town is located so as to promote the safety of public travel on the highways.

(30) Riding horses, dogs running at large. Enact and enforce ordinances, and provide forfeitures for violations of those ordinances, that are the same as or similar to ordinances that may be enacted by a county to regulate riding horses and commercial stables under s. 59.54 (19) or to regulate dogs running at large under s. 59.54 (20) .

(31) Unified local transportation system. Cooperate with a county under s. 59.58 (2) (j) in the establishment of a comprehensive unified local transportation system, as defined in s. 59.58 (2) (c) 2.

(32) Town tax increment powers.

(a) Subject to s. 66.1105 (16) , exercise all powers of cities under s. 66.1105 . If the town board exercises the powers of a city under s. 66.1105 , it is subject to the same duties as a common council under s. 66.1105 and the town is subject to the same duties and liabilities as a city under s. 66.1105 .

(b)

1. In this paragraph, “town” means the town of Brookfield in Waukesha County, the town of Somers in Kenosha County, the town of Freedom in Outagamie County, the town of Cable in Bayfield County, or the town of Gibraltar in Door County.

2. Subject to subds. 3. , 4. , and 5. , a town may exercise all powers of cities under s. 66.1105 to create a tax incremental district. If the town board exercises the powers of a city under s. 66.1105 , it is subject to the same duties as a common council under s. 66.1105 and the town is subject to the same duties and liabilities as a city under s. 66.1105 .

3.

a. If a town creates a tax incremental district under s. 60.85 , the town may not take any action with regard to that district except by acting under s. 60.85 .

b. If a town creates a tax incremental district under par. (a) , the town may not take any action with regard to that district except by acting under par. (a) .

4. The 12 percent limit described under s. 66.1105 (4) (gm) 4. c. shall be 5 percent with regard to the town of Cable acting under subd. 2.

5. The town of Cable may create only one tax incremental district acting under subd. 2.

6. The town of Gibraltar may create a tax incremental district under subd. 2. only if all of the following conditions apply:

a. The district terminates no later than September 30, 2032.

b. The developer’s agreement includes a letter of credit that guarantees repayment of the debt service on the project costs.

(c) If any part of a tax incremental district that is created as provided under par. (b) 2. is annexed by a city or village, any assets or liabilities associated with that annexed territory, including a proportional share of any bonds or other debt associated with the district, shall become the responsibility of the annexing city or village.

(d) If after January 1 a city or village annexes any part of a tax incremental district that is created as provided under par. (b) 2. , the department of revenue shall redetermine the tax incremental base of the district by subtracting from the tax incremental base the value of the taxable property that is annexed from the existing district as of the following January 1, and if the annexation becomes effective on January 1 of any year, the redetermination shall be made as of that date. The tax incremental base as redetermined under this paragraph is effective for the purposes of this paragraph and par. (b) only if it is less than the original tax incremental base determined under s. 66.1105 (5) (a) .

(eg)

1. In this paragraph:

a. “Department” means the department of natural resources.

b. “Sewer service area” means territory specified in the sewer service area provisions of an areawide water quality management plan under s. 283.83 approved by the department.