66.0415 Offensive industry.
(1) Except as provided under s. 62.23 (7a) (am), the common council of a city or village board may direct the location, management and construction of, and license, regulate or prohibit, any industry, thing or place where any nauseous, offensive or unwholesome business is carried on, that is within the city or village or within 4 miles of the boundaries of the city or village, except that the Milwaukee, Menominee and Kinnickinnic rivers with their branches to the outer limits of the county of Milwaukee, and all canals connecting with these rivers, together with the lands adjacent to these rivers and canals or within 100 yards of them, are within the jurisdiction of the city of Milwaukee. A town board has the same powers as are provided in this section for cities and villages as to the area within the town that is not licensed, regulated or prohibited by a city or village under this section. A business that is conducted in violation of a city, village or town ordinance that is authorized under this section is a public nuisance. An action for the abatement or removal of the business or an injunction to prevent operation of the business may be brought and maintained by the common council or village or town board in the name of this state on the relation of the city, village or town as provided in ss. 823.01, 823.02 and 823.07, or as provided in s. 254.58. Section 97.42 does not limit the powers granted by this section. Section 95.72 does not limit the powers granted by this section to cities or villages but powers granted to towns by this section are limited by s. 95.72 and by any orders and rules promulgated under s. 95.72.
(2) To prevent nuisance, a city or village may, subject to the approval of the appropriate town board, by ordinance enact reasonable regulations governing areas where refuse, rubbish, ashes or garbage are dumped or accumulated in a town within one mile of the corporate limits of the city or village.
History: 1973 c. 206; Sup. Ct. Order, 67 Wis. 2d 585, 774 (1975); 1993 a. 27; 1999 a. 150 s. 155; Stats. 1999 s. 66.0415; 2021 a. 198.
The social and economic roots of judge-made air pollution policy in Wisconsin. Laitos, 58 MLR 465.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 66 - General municipality law.
66.0101 - Home rule; manner of exercise.
66.0104 - Prohibiting ordinances that place certain limits or requirements on a landlord.
66.0105 - Jurisdiction of overlapping extraterritorial powers.
66.0107 - Power of municipalities to prohibit criminal conduct.
66.0109 - Penalties under county and municipal ordinances.
66.0111 - Bond or cash deposit under municipal ordinances.
66.0113 - Citations for certain ordinance violations.
66.0114 - Actions for violation of ordinances.
66.0115 - Outstanding unpaid forfeitures.
66.0117 - Judgment against local governmental units.
66.0119 - Special inspection warrants.
66.0121 - Orders; action; proof of demand.
66.0123 - Recreation authority.
66.0125 - Community relations-social development commissions.
66.0127 - Municipal hospital board.
66.0129 - Hospital facilities lease from nonprofit corporation.
66.0131 - Local governmental purchasing.
66.0133 - Energy savings performance contracting.
66.0134 - Labor peace agreements prohibited.
66.0135 - Interest on late payments.
66.0137 - Provision of insurance.
66.0139 - Disposal of abandoned property.
66.0141 - Accident record systems.
66.0143 - Local appeals for exemption from state mandates.
66.0201 - Incorporation of villages and cities; purpose and definitions.
66.0203 - Procedure for incorporation of villages and cities.
66.0205 - Standards to be applied by the circuit court.
66.0207 - Standards to be applied by the board.
66.0209 - Review of incorporation-related orders and decisions.
66.0211 - Incorporation referendum procedure.
66.0213 - Powers of new village or city: elections; adjustment of taxes; reorganization as village.
66.0215 - Incorporation of certain towns adjacent to 1st class cities.
66.02162 - Incorporation of certain towns contiguous to 3rd class cities or villages.
66.02165 - Limitations on newly created incorporated village or city.
66.0217 - Annexation initiated by electors and property owners.
66.0219 - Annexation by referendum initiated by city or village.
66.0221 - Annexation of and creation of town islands.
66.0223 - Annexation of territory owned by a city or village.
66.0225 - Stipulated boundary agreements in contested boundary actions.
66.0227 - Detachment of territory.
66.0230 - Town consolidation with a city or village.
66.0231 - Notice of certain litigation affecting municipal status or boundaries.
66.0233 - Town participation in actions to test alterations of town boundaries.
66.0235 - Adjustment of assets and liabilities on division of territory.
66.0301 - Intergovernmental cooperation.
66.0303 - Municipal interstate cooperation.
66.0304 - Conduit revenue bonds.
66.0305 - Political subdivision revenue sharing.
66.0307 - Boundary change pursuant to approved cooperative plan.
66.0309 - Creation, organization, powers and duties of regional planning commissions.
66.0311 - Intergovernmental cooperation in financing and undertaking housing projects.
66.0312 - Local health departments; mutual assistance.
66.03125 - Fire departments; mutual assistance.
66.0313 - Law enforcement; mutual assistance.
66.0314 - State of emergency; mutual assistance.
66.0315 - Municipal cooperation; federal rivers, harbors or water resources projects.
66.0316 - Renew Wisconsin performance review.
66.0401 - Regulation relating to solar and wind energy systems.
66.0403 - Solar and wind access permits.
66.0404 - Mobile tower siting regulations.
66.0406 - Radio broadcast service facility regulations.
66.0408 - Regulation of occupations.
66.0409 - Local regulation of weapons.
66.0410 - Local regulation of ticket reselling.
66.0411 - Sound-producing devices; impoundment; seizure and forfeiture.
66.0412 - Local regulation of real estate brokers, brokerage services.
66.0414 - Small wireless facilities.
66.0416 - Stands operated by minors.
66.0417 - Local enforcement of certain food and health regulations.
66.0418 - Prohibition of local regulation of certain foods, beverages.
66.0419 - Local regulation of auxiliary containers.
66.0421 - Access to video service.
66.0422 - Video service, telecommunications, and broadband facilities.
66.0423 - Transient merchants.
66.0425 - Privileges in streets.
66.0427 - Open excavations in populous counties.
66.0429 - Street barriers; neighborhood watch signs.
66.0431 - Prohibiting operators from leaving keys in parked motor vehicles.
66.0433 - Licenses for nonintoxicating beverages.
66.0435 - Manufactured and mobile home communities.
66.0436 - Certificates of food protection practices for restaurants.
66.0437 - Drug disposal programs.
66.0438 - Limitations on locally issued identification cards.
66.0439 - Environmental, occupational health, and safety credentials.
66.0440 - Battery-powered, alarmed electric security fences.
66.0501 - Eligibility for office.
66.05015 - Background investigation.
66.0502 - Employee residency requirements prohibited.
66.0503 - Combination of municipal offices.
66.0504 - Address confidentiality program.
66.0505 - Compensation of governing bodies.
66.0506 - Referendum; increase in employee wages.
66.0507 - Automatic salary schedules.
66.0508 - Collective bargaining.
66.0509 - Civil service system; veterans preference.
66.0510 - Benefits to officers, employees, agents.
66.0511 - Law enforcement agency policies on use of force and citizen complaint procedures.
66.0513 - Police, pay when acting outside county or municipality.
66.0518 - Defined benefit pension plans.
66.0605 - Local government audits and reports.
66.0607 - Withdrawal or disbursement from local treasury.
66.0609 - Financial procedure; alternative system of approving claims.
66.0611 - Political subdivisions prohibited from levying tax on incomes.
66.0613 - Assessment on racing prohibited.
66.0615 - Room tax; forfeitures.
66.0619 - Public improvement bonds: issuance.
66.0621 - Revenue obligations.
66.0623 - Refunding village, town, sanitary, and inland lake district bonds.
66.0625 - Joint issuance of mass transit bonding.
66.0626 - Special assessments or charges for contaminated well or wastewater system loans.
66.0627 - Special charges for current services and certain loan repayments.
66.0628 - Fees imposed by a political subdivision.
66.0701 - Special assessments by local ordinance.
66.0703 - Special assessments, generally.
66.0705 - Property of public and private entities subject to special assessments.
66.0707 - Assessment or special charge against property in adjacent city, village or town.
66.0709 - Preliminary payment of improvements funded by special assessments.
66.0711 - Discount on cash payments for public improvements.
66.0715 - Deferral of special assessments; payment of special assessments in installments.
66.0717 - Lien of special assessment.
66.0723 - Utilities, special assessments.
66.0725 - Assessment of condemnation benefits.
66.0727 - Special assessments against railroad for street improvement.
66.0729 - Improvement of streets by abutting railroad company.
66.0731 - Reassessment of invalid condemnation and public improvement assessments.
66.0733 - Repayment of assessments in certain cases.
66.0801 - Definitions; effect on other authority.
66.0803 - Acquisition of public utility or bus transportation system.
66.0805 - Management of municipal public utility by commission.
66.0807 - Joint operation of public utility or public transportation system.
66.0809 - Municipal public utility charges.
66.0811 - Municipal public utility revenues.
66.0813 - Provision of utility service outside of municipality by municipal public utility.
66.0815 - Public utility franchises and service contracts.
66.0817 - Sale or lease of municipal public utility plant.
66.0819 - Combining water and sewer utilities.
66.0821 - Sewerage and storm water systems.
66.0823 - Joint local water authorities.
66.0825 - Municipal electric companies.
66.0831 - Interference with public service structure.
66.0901 - Public works, contracts, bids.
66.0911 - Laterals and service pipes.
66.0913 - City and county projects, individual or joint; revenue bonding.
66.0915 - Viaducts in cities, villages and towns.
66.0921 - Joint civic buildings.
66.0923 - County-city auditoriums.
66.0925 - County-city safety building.
66.0927 - County-city hospitals; village and town powers.
66.1001 - Comprehensive planning.
66.10013 - Housing affordability report.
66.10014 - New housing fee report.
66.10015 - Limitation on development regulation authority and down zoning.
66.1002 - Development moratoria.
66.1003 - Discontinuance of a public way.
66.1006 - Department of natural resources approval of discontinuance.
66.1007 - Architectural conservancy districts.
66.1009 - Agreement to establish an airport affected area.
66.1010 - Moratorium on evictions.
66.1011 - Local equal opportunities.
66.1013 - Urban homestead programs.
66.1014 - Limits on residential dwelling rental prohibited.
66.1015 - Municipal rent control, inclusionary zoning, prohibited.
66.1017 - Family child care homes.
66.1019 - Housing codes to conform to state law.
66.1021 - City, village and town transit commissions.
66.1023 - Transit employees; Wisconsin retirement system.
66.1024 - Effect of reservation or exception in conveyance.
66.1025 - Relief from conditions of gifts and dedications.
66.1027 - Traditional neighborhood developments and conservation subdivisions.
66.1031 - Widening of highways; establishment of excess widths.
66.1033 - Curative provisions.
66.1035 - Rights of abutting owners.
66.1036 - Building permit for a shoreland structure.
66.1037 - Beautification and protection.
66.1101 - Promotion of industry; industrial sites.
66.1102 - Land development; notification; records requests; construction site development.
66.1103 - Industrial development revenue bonding.
66.1106 - Environmental remediation tax incremental financing.
66.1107 - Reinvestment neighborhoods.
66.1108 - Limitation on weekend work.
66.1109 - Business improvement districts.
66.1110 - Neighborhood improvement districts.
66.1111 - Historic properties.
66.1113 - Premier resort areas.
66.1201 - Housing authorities.
66.1203 - Housing authorities; operation not for profit.
66.1205 - Housing authorities; rentals and tenant selection.
66.1207 - Penalties; evidence.
66.1209 - Housing authorities; cooperation in housing projects.
66.1211 - Housing authorities; contracts with city; assistance to counties and municipalities.
66.1213 - Housing authorities for elderly persons.
66.1301 - Urban redevelopment.
66.1303 - Urban redevelopment; plans, approval.
66.1305 - Redevelopment corporations; limitations; incubator.
66.1307 - Urban redevelopment; regulation of corporations.
66.1309 - Urban redevelopment; transfer of land.
66.1311 - Urban redevelopment; acquisition of land.
66.1313 - Urban redevelopment; condemnation for.
66.1315 - Urban redevelopment; continued use of land by prior owner.
66.1317 - Urban redevelopment; borrowing; mortgages.
66.1319 - Urban redevelopment; sale or lease of land.
66.1321 - Urban redevelopment; city lease to, terms.
66.1323 - Urban redevelopment; aids and appropriations.
66.1325 - Urban redevelopment; city improvements.
66.1327 - Urban redevelopment; construction of statute; conflict of laws; supplemental powers.
66.1329 - Urban redevelopment; enforcement of duties.
66.1333 - Blight elimination and slum clearance.
66.1335 - Housing and community development authorities.