Chapter 1 Health
and Sanitation
Chapter 2 Pollution
Abatement
Chapter 3 Refuse
Disposal and Collection
Chapter 4 Food
Establishment Licensing, Rules and Regulations
Chapter 5 Recycling
8.1.1 definitions
8.1.2 General
provisions
8.1.3 authority
8.1.4 purpose and intent
8.1.5 jurisdiction
8.1.6 compliance
8.1.7 severability
and repeal
8.1.8 administration
8.1.9 human
health hazard/public nuisance
8.1.10 designation
of dwelling as a human health hazard
8.1.11 regulation
of public and
8.1.12 Connection to Municipal Water
Supply
8.1.13 Cross-Connection
Control
8.1.14 Private
Well Abandonment
8.1.15 Rodent
Control
8.1.16 Composting
8.1.17 ENFORCEMENT
8.1.18 PENALTY
8.1.19 Appeal
a.(a) City. The City of
b.(b) Composting. The process of decaying organic matter, such
as leaves, garden debris, and grass clippings, in a confined area out of public
view, in a manner specified by the Health Officer or designee.
(c) Directionor of
Inspections. The directionDirector of iInspections
of the City of
c.(d) Groundwater. All water found beneath the surface of the
city/village located in sand, gravel, lime rock, or sandstone geological
formations or any combination of these formations.
d.(e) Health Officer. Public health professional responsible for
environmental sanitation.
e.(f) Human Health Hazard. A substance, activity, or condition that is
known to have potential to cause acute or chronic illness or death if exposure
to the substance, activity, or condition is not abated.
f.(g) Immediate Health Hazard. A condition which exists or has the potential
to exist which should, in the opinion of the Health Officer or designee, be
abated or corrected immediately, or at least with a 24 - hour period, to
prevent possible severe damage to human health and/or the environment.
g.(h) Noxious Weeds. Includes any weed, grass or similar plant
growth which, if allowed to pollinate, would cause or produce hayfever in human
beings or would cause a skin rash through contact with the skin. Noxious weeds
and grasses, as defined in this Section shall include but not be limited to the
following:
Cirsium Arvense (Canada Thistle)
Ambrosia artemisiifolia (Common Ragweed)
Ambrosia trifida (Great Ragweed)
Euphorbia esula (Leafy Spurge)
Convolvulus arvensis (Creeping Jenny) (Field Bind Weed)
Tragopogon dubius (Goat's Beard)
Rhus radicans (Poison Ivy)
Cirsium vulgaries (Bull Thistle)
Pastinaca sativa (Wild Parsnip)
Arctium minus (Burdock)
Xanthium strumarium (Cocklebur)
Amaranthus retroflexus (Pigweed)
Chenopodium album (Common Lambsquarter)
Rumex Crispus (Curled Dock)
Cannahis Cannabis sativa
(Hemp)
Plantago lancellata (English Plantain)
Agrostia alba (Redtop)
Dactylis glomerata (Orchard)
Phleum pratensis (Timothy)
Sorghum halepense (Johnson)
h.(i) Ordinance. The “City/Village Human Health Hazard and
Public Health Nuisance Ordinance.”
i.(j) Owner. A person who has legal title to a structure,
building, or dwelling or a person who has charge, care or control of a dwelling
or unit of a dwelling as a tenant, occupant or as an agent of or as executor,
administrator, trustee, or guardian of the estate of a person under this
paragraph.
j.(k) Person. Any individual, firm, corporation,
partnership, or any other group acting as a unit.
(l)k. Placard. To affix a written notice to the main
entrance of a dwelling stating that the dwelling has been declared unfit for
human habitation.
(m) Pollution. The contaminating or rendering unclean or impure the air, land, or waters of the city/village, or making the same injurious to public health, harmful for commercial or recreational use or deleterious to fish, bird, animal, or plant life.
(n)m. Public Health Nuisance. A thing, act, occupation, condition or use of
property which shall continue for such length of time as to substantially
injure or endanger the comfort, health, repose or safety of the public or in
any way render the public insecure in life or in the use of property.
(o)n. Solid Waste. Garbage, refuse, and all other discarded or
salvageable solid materials, including solid waste materials resulting from
industrial, commercial, and agricultural operational and from domestic use and
public service activities, but not including solids or dissolved material in
waste water effluent or other common water pollutants.
(p)o. State. State of
(q)p. Structure or building. A building or structure having walls and a
roof erected or set upon an individual foundation or slab constructed base
designed or used for the housing, shelter, enclosure, or support of persons,
animals or property of any kind, including mobile homes.
(r)q. Toxic and Hazardous Materials. Any chemical and/or biological material that
is or has the potential to create a human health hazard.
(s) Village. The villages of Bayside, Brown Deer, Fox
Point, and River Hills, Shorewood, or Whitefish
Bay.
(a) Title. This ordinance shall be referred to as the “City/Village Human Health Hazard and Public Health Nuisance Ordinance.”
(b) Effective Date. This ordinance shall be effective upon passage and publication.
(c) Appointment.
The City/Village Health Officer, as from time-to-time appointed by the
North Shore Board of Health, shall be the Director of the
(d) Administration. This ordinance shall be administered by the Health Officer or designee. The Health Officer or designee shall have the power to insure compliance with the intent and purpose of this ordinance by any means possible under the law.
(e) Interpretation. The provisions of this ordinance shall be
interpreted to be minimum requirements and shall be liberally construed in
favor of the City/Village and shall not be deemed a limitation or repeal of any
power granted by the Wisconsin Statutes.
This ordinance is adopted
pursuant to the authority granted by Sections 251 and 254 of the Wisconsin
Statutes.
(a) General Provisions. The purpose and intent of this ordinance is to protect the public health, safety, and general welfare and to maintain and protect the environment for the people and communities of the City/Village and to:
(1) Prevent communicable diseases.
(2) Prevent the continuance of human health hazards or public health nuisances.
(3) Assure that City/Village and State air quality standards are complied with.
(4) Assure that insects and rodents do not create human health hazards.
(5) Assure that surface and groundwater meet City/Village and State standards and regulations.
(6) Assure that solid waste is handled, stored, and disposed of according to City/Village and State standards and regulations.
(7) Assure that citizens are protected from hazards, and unhealthy or unsafe substances.
(8) Provide for the administration and enforcement of this ordinance and to provide penalties for its violation.
The jurisdiction of this ordinance shall include all air, land, and water (both surface and ground) within the City/Village.
(a) Written Orders. Compliance with this ordinance shall include compliance to written orders issued under this ordinance or State Health Laws by the City/Village Health Officer or the City Director of Inspections, or their designee to abate and/or correct a human health hazard or bring any other situation or condition in noncompliance with ordinance into compliance.
(b) Noncompliance. Noncompliance with the ordinance and/or with a written order from the Health Officer shall be cause for enforcement action under subsection 8.1.17.
(a) Severability. Each section, paragraph, sentence, clause, word, and provision of this ordinance is severable and if any provisions shall be held unconstitutional or invalid for any reason such decisions shall not affect the remainder of the ordinance nor any part thereof other than that affected by such decision.
(b) Repeal. All other ordinances or parts of ordinances of the City/Village inconsistent or conflicting with this ordinance to the extent of the inconsistency only, are hereby repealed.
(a) General Provisions. The Public Health Ordinance shall be interpreted, administered, and enforced by the City/Village Health Officer.
(b) Rules and Regulations. The Board of Health may make reasonable and general rules for the enforcement of the provisions of this Title and for the prevention of the creation of health nuisances and the protection of the public health and welfare and may, where appropriate, require the issuance of licenses and permits. All such regulations shall have the same effect as ordinances, and any person violating any of such regulations and any lawful order of the Board shall be subject to the general penalty provided for in this Code.
(c) Powers. The Health Officer, Director of Inspections, or designee shall have all the powers necessary to enforce the provisions of this code without limitation by reasoning of enumeration including the following:
(1) To enter any structure or premise at a reasonable time for the purpose of performing duties under this ordinance and to secure a court order to accomplish this purpose if necessary.
(2) To order abatement and/or corrections of any human health hazard/public nuisance in compliance with this ordinance or State Statutes. This includes the power to direct any bedding, clothing, food, vegetables, putrid or unsound meat, poultry, fish, hides or skins of any kind or any other article found within said City which, in his/her opinion, may be dangerous to the health of the inhabitants thereof to be destroyed or buried. He/she may employ such persons as he/she may deem proper to remove or destroy said infected article.
(3) To delegate the responsibilities of administration and enforcement of this ordinance to a registered environmental health sanitarian or other person qualified in the field of public health.
(4) To initiate any other action authorized under the law or this ordinance to insure compliance with the purpose and intent of this ordinance and requirement of this ordinance.
(a) Human Health
Hazard/Public Health Nuisances prohibited.
No person shall erect, construct, cause, continue, maintain, or permit
any human health hazard/public health nuisance within the City/Village. Any person who shall in any way, aid, or contribute to the causing, creating, or
maintenance thereof shall be guilty of a violation of this section, and shall
be liable for all costs and expenses attendant upon the removal and correction
of such human hazard/public nuisance and to the penalty provided in Section
8.1.171.
(b) Responsibility of Property Owner. It shall be the responsibility of the property owner to maintain such owner’s property in a hazard-free manner and also to be responsible for the abatement and/or correction of any human health hazard/public nuisance that has been determined to exist on their property.
(c) Human Health Hazard Enumerated. Specifically, but not limited by enumeration, the following are human health hazards if determined to meet the Human Health Hazard definition.
1.(1) Unburied Carcasses.
Carcasses of animals, birds, or fowl not buried or otherwise disposed of
in a sanitary manner within 24 hours after death.
2.(2) Manure. Accumulations of the
bodily waste of all domestic animals and fowl that are handled, stored, or
disposed of in a manner that creates a human health hazard.
3.(3) Air Pollution. The escape of smoke,
soot, cinders, noxious acids, fumes, gasses, fly ash, or industrial dust within
the City/Village or within one mile therefrom in such quantities as to endanger
the health of persons of ordinary sensibilities or to threaten or cause substantial
injury to property.
4.(4) Noxious Odors. Any use of property,
substances, or things within the City/Village emitting or causing any foul,
offensive, noisome, nauseous, noxious, or disagreeable odors, effluvia, or
stenches extremely repulsive to the physical senses of ordinary persons that
annoy, discomfort, injure, or inconvenience the health of any appreciable
number of persons within the City/Village.
5.(5) Solid Waste. Any solid waste, which is
stored or disposed of in a manner which may pose a human health hazard.
6.(6) Vermin/Insects. Accumulations of decayed
animal or vegetable matter, trash, rubbish, rotting lumber, bedding, packing
material, scrap metal or any material whatsoever in which flies, mosquitoes,
disease-carrying insects, rats, or other vermin may breed. Also, all stagnant water in which mosquitoes,
flies, or other insects can multiply as well as garbage cans that are not
fly-tight.
7.(7) Toxic and Hazardous Material.
Any chemical and/or biological material that is stored, used, or disposed
of in such quantity or manner that it is, or has, the potential to create a
human health hazard.
8.(8) Waste Water. The presence of waste
water or sewage effluent from buildings on the ground surface, backing up into
the building and/or running into a surface water body caused by a damaged,
malfunctioning, improperly constructed, or inadequately maintained private
sewage system or private sewage lateral.
Also, any waste water or sewage effluent that is not handled and
disposed of in compliance with all applicable City, Village, and State codes.
9.(9) Surface Water Pollution.
The pollution of any stream, lake, or other body of surface water within
the City or Village that creates noncompliance with Chs. NR 102 and NR 103 of
the Wisconsin Administrative Code.
10.(10) Ground Water Pollution.
Addition of any chemical and/or biological substance that would cause
groundwater to be unpalatable or unfit for human consumption. An inclusive list of substances (substances
are not limited to this list however) can be found in Ch. NR140 of the
Wisconsin Administrative Code.
11.(11) Holes or Openings.
All abandoned wells or openings in the ground not securely covered or
secured from public access and use.
12.(12) Nonfunctional
13.(13) Rubbish. Trash, rubbish, and
consumables in the form of garbage not fit for garbage disposals which are
improperly stored or disposed of.
14.(14) Food Conditions. All decayed, harmfully
adulterated or unwholesome food or drink sold or offered for sale to the
public.
15.(15) Animals. Wild animals or wild
animal hybrids kept as domestic pets within the City/Village limits.
16.(16) Other. Any
other situation deemed by the Health Officer to meet the definition of a Human
Health Hazard.
(d) Public Health Nuisances Enumerated. The following acts, omissions, places, conditions, and things are hereby specifically declared to be public health nuisances, but such enumerations shall not be construed to exclude other nuisances coming within the definition of 1.01(l).
(1) Composting, except when complying with the following:
a. Only one compost area shall be permitted per lot and shall be located in the rear or side yard and may not be nearer than 25 feet to any dwelling unit, nor nearer than 3 feet to any property line.
b. Such compost areas may not exceed 4 feet in height and 25 square feet.
c. No waste generated outside the property shall be permitted to be composted in any residential district.
d. Such shall be aerated and done in a manner that is accepted to create compost that is non-odorous to a reasonable person.
(2) Privy Vaults. No privy vaults or cesspools shall be constructed or maintained with the fire limits of the City/Village where sewers have been constructed.
(3) Bird Feeding. Feed for birds shall be placed in a covered hopper, gravity type feeder. Feed for the birds shall not be placed on the ground where it accessible to rodents or other animals. No more than 4 bird feeders shall be located on any premise.
(4) Animal Waste. Every animal owner shall dispose of the animal’s fecal matter and other waste in a sanitary manner as often as may be necessary to prevent any unwholesome accumulation of such matter and/or waste.
(5) Noxious Weeds.
All noxious weeds and other rank growth of vegetation.
(6) Exposure of Unwholesome Substances. No person shall put, place, or leave exposed
in any part of the City/Village any carcass, carrion, vegetable or putrescent
and unwholesome substance; any owner or occupant of any lot or tenement in the
city shall not permit any such substance to be on or remain upon said lot, or
in and about the tenement or between the same and center of the street
adjoining.
(7) Smoking. It shall be unlawful for any person to smoke or to carry any lighted cigar, pipe or cigarette in any motor bus, or in a building area, or any other place in the City of Glendale, where the owner or the person in charge thereof has caused to be displayed a sign reading "No Smoking m Municipal Ordinance." Such sign shall be placed so that it is clearly visible to the passengers of such bus or the occupants of such building area or place.
(8) Animals Excluded From Food Handling Establishments. No person shall take or permit to remain any dog, cat or other live animal on or upon any premises where food is sold, offered for sale or processed for consumption by the general public. Fish tanks and dogs serving persons visually or hearing handicapped are exempt from this prohibition.
(9) Draining onto Highway. If anyone constructs any drain, pipe, sewer or other outlet in such manner that it discharges onto a public highway infectious or noxious matter or permits a water closet to drain onto a public highway, the Board of Health or its authorized agent shall order the person, owner or occupant maintaining said outlet to remove it within ten (10) days. If said person fails to do so, he/she shall be subject, upon conviction, to a forfeiture as provided in Section 1.1.7. The Board of Health or its agent may enter upon the premises and cause the removal of and destruction of said outlet and may charge the cost thereof to the property owner as a special charge pursuant to Sec. 66.0703, Wis. Stats.
(10) Natural Landscaping.
a. Defined. Natural landscaping as used in this Section is the planting of forbs, grasses, and wildflowers native to the Wisconsin area, including plants of the woodlands, prairies, bogs, fens, and wetlands, which are designed and purposely cultivated to exceed eight (8) inches in height. Maintenance of natural landscaping requires the exclusion of Eurasian weeds and specifically prohibited from inclusion in a natural landscape are the noxious grasses and weeds identified in Section 8.1.6 of this Chapter. Maintenance of natural landscaping requires that a defined and regulated boundary be maintained between the natural landscape and lawn areas.
b. Natural Landscaping Setback Requirements. Natural landscaping shall be set back no less than six (6) feet from the edge of any roadway, or no less than six (6) feet from the inner edge of any sidewalk, whichever setback is greater. No natural landscaping shall be allowed between sidewalk and street areas. Notwithstanding the provisions of this Section, no natural landscaping may be permitted which obstructs vehicular traffic or pedestrian visibility so as to present an unreasonable risk to public safety. There is no prescribed setback from the periphery of adjoining properties. Such determination shall be made in the discretion of the Director of Inspections.
c. Safety Precautions
for Natural Landscaping Areas. When,
in the opinion of the Fire Chief, the presence of a natural landscaping area
may constitute a fire or safety hazard due to weather and/or other conditions,
the Fire Chief may order the cutting or restoration of the natural landscaping
area to a safe condition. The
determination of the Fire Chief shall not be subject to administrative review
by any administrative body of the City of
d. Prohibitions. In addition to such prohibitions as set forth
in Section 8.1.9 d 10 (a)6
of the Glendale Code, a natural landscaping area is prohibited from
encroachment on neighboring property.
Neglect of a natural landscaping area shall be subject to corrective
order by the Director of Inspections.
The City reserves all enforcement mechanisms as set forth in Section
1.1.7, the General Penalty Section. The
City reserves the right to abate violations of this Section after ten (10) days
from date of written notice to the owner of the lot or parcel of land to
conform with this Section.
e. Natural Landscaping Advisory Committee. There is hereby created a Natural Landscaping Advisory Committee, the composition of which shall be as from time to time determined by the Common Council. Appointments to such committee shall be by the Mayor, for such terms as set in the discretion of the Mayor, and subject to confirmation by the Common Council. Except as to orders of the Fire Chief pertaining to safety, all issues relating to setback, maintenance and enforcement may be reviewed by the Committee at the request of the property owner within ten (10) days from the date of any notice or order. The determinations of the Committee shall be advisory in nature only, and shall not serve as to bar prosecution of an alleged violation of this Chapter in the municipal court.
(11) Lawn, Grasses, and Weeds.
a. Purpose. This Section is adopted due to the unique nature of the problems associated with lawns, grasses and weeds being allowed to grow to excessive length in the City.
b. Public Nuisance Declared. The Common Council finds that lawns, grasses
and weeds on lots or parcels of land which exceed eight (8) inches in length
adversely affect the public health and safety of the public in that they tend
to emit pollen and other discomforting bits of plants, constitute a fire hazard
and a safety hazard in that debris can be hidden in the grass, interferes with
the public convenience and adversely affects property values of other land
within the City. For that reason, any
lawn, grass or weed on a lot or other parcel of land which exceeds eight (8)
inches in length is hereby declared to be a public nuisance, except for
property located in a designated wetland or conservancy zoned area, or where
grasses are part of a landscaping area pursuant to Section 8.1.7
above.
c. Nuisances Prohibited. No person, firm or corporation shall permit any public nuisance as defined in Subsection (b) above to remain on any premises owned or controlled by him/her within the City.
d. Abatement of Nuisance.
1. If the Enforcement Officer shall determine with reasonable certainty that any public nuisance as defined in Subsection (b) above exists, he/she shall cause written notice to the owner of the lot or parcel of land to abate the nuisance within five (5) days from date of notice, to conform with this Section and Section 8.1.6.
2. The notice shall include the City's option to abate the nuisance as per Subsection (e) after five (5) days from date of notice.
e. City's Option to Abate Nuisance. In any case where the owner, occupant or person in charge of the property shall fall to cut his/her lawn, grasses or weed as set forth above, the City shall abate the nuisance with all associated expenses charged to and paid by such property owner.
f. Appeals. Any person aggrieved by an order of the
Enforcement Officer may, within five (5) days of the date of such order, appeal
to the Board of Appeals of the City of
(12) Miscellaneous. Failure to comply with any law or rule regarding sanitation and health, including, but not limited to:
a. Plumbing.
b. Water supplies, including wells, and surface water.
c. Waste Disposal.
d. Storage or use of chemical, pesticides, and herbicides or any other toxic substance.
(a) The Health Officer or designee may declare any dwelling or dwelling unit found to have any of the following defects a human health hazard. It shall be condemned as unfit for human habitation and shall be placarded by the Health Officer or designee.
(1) A dwelling which is so damaged, decayed, dilapidated, unsanitary, and unsafe or vermin infested that it creates a serious hazard to the health or safety of the occupants or public.
(2) A dwelling which lacks a potable water supply, a properly functioning public or private sanitary sewer system, or a functioning heating system adequate to protect the health or safety of the occupant or public.
(3) A dwelling, because of its conditions, that has been implicated as the source of a confirmed case of lead poisoning or asbestosis.
(b) No person shall continue to occupy, rent or lease quarters for human habitation, which are declared unfit for human habitation by the Health Officer or designee.
(c) Any dwelling or dwelling unit condemned as unfit for human habitation and so designated and placarded by the Health Officer or designee shall be vacated within a reasonable time, as specified by the Health Officer or designee.
(d) No dwelling or dwelling unit which has been condemned and placarded as unfit for human habitation shall again be used for human habitation until written approval is secured from, and the placard is removed by, the Health Officer or designee. The Health Officer or designee shall remove such placard whenever the defect or defects upon which the condemnation and placarding were based have been eliminated.
(e) No person shall deface or remove the placard from any dwelling or dwelling unit, which has been condemned as unfit for human habitation.
(f) Any person affected by any notice or order relating to the condemning or placarding of a dwelling or dwelling unit for human habitation may request and shall be granted a hearing in the matter before the designated Municipal body.
(a) Cleanliness. It shall be the duty of the owner or occupant and every person in charge of any public or quasi-public institution, dispensary, railroad station, office building, store, theater, restaurant, hotel, boarding or lodging house, factory, workshop or other building used in a public or quasi-public manner to keep the same in a clean and sanitary condition.
(b) Towels. All towels for the use of guests in any hotel, whether in their private rooms or in the public wash room, and all towels in public places or buildings, whether publicly or privately owned, as the State Board of Public Health may find the use of the common towel therein to be inimical to the public health shall be individual towels and, when used and discarded by the individual, shall not be used again until thoroughly washed and dried.
(c) Common Drinking Cups. It shall be unlawful for any person, firm or corporation to furnish, or permit the use of, a common drinking cup on railroad trains, in railroad stations, or other public buildings, on the streets or in the public parks, in the public, parochial or private schools or in other educational institutions, in hotels and lodging houses, theaters, department stores, barber shops or in such places or buildings in the City as the State Board of Health may find the use therein of a common drinking cup to be inimical to the public health.
All structures used or intended to be used for human habitation located upon a parcel of land abutting any public right-of-way or easement wherein is located a public water main shall be connected therewith in the manner prescribed by the Water Utility within six (6) months from the time water service from such main is available. The date water service is available in any particular water main shall be the date such availability is entered in the Water Utility records. Provided, however, where due to special conditions the literal enforcement of this Subsection will result in practical difficulties or unnecessary hardship and the public health will not be endangered and it will not be contrary to the public interest, an extension of time may be granted by the Water Utility upon application being made to it. Such application shall be made and filed in the office of the City Clerk by the owner of the property involved on a form provided for that purpose.
(a) Definition. A cross-connection shall be defined as any physical connection or arrangement between two otherwise separate systems, one of which contains potable water from the City water system, and the other, water from a private source, water of unknown or questionable safety, or steam, gases, or chemicals, whereby there may be a flow from one system to the other, the direction of flow depending on the pressure differential between the two systems.
(b) Cross-connections Prohibited. No person, farm or corporation shall establish or permit to be established or maintain or permit to be maintained any cross-connection. No interconnection shall be established whereby potable water from a private, auxiliary or emergency water supply other than the regular public water supply of the City may enter the supply or distribution system of said municipality, unless such private, auxiliary or emergency water supply and the method of connection and use of such supply shall have been approved by the Water Utility and by the Wisconsin Department of Natural Resources in accordance with Section NR 811.09