Village of Greendale, WI
Milwaukee County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Greendale as Ch. 11 of the Code of Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Public peace and good order — See Ch. 9.
Public nuisances — See Ch. 10.

11.01 Board of Health.

[Amended by Ord. No. 698]
(1) 
Established. The Board of Health shall consist of not more than seven members. At least three of these members shall be persons who are not elected officials or employees of the Village and who have demonstrated interest or competence in the field of public health or community health. In appointing the members who are not elected, officials or employees, a good faith effort shall be made to appoint a registered nurse and a physician. Members of the Board of Health shall reflect the diversity of the community.
(2) 
Terms and appointment. The Village President shall appoint members of the Board of Health subject to confirmation by the Village Board. The initial appointments shall be made as follows: two to serve for three years, three to serve for two years and two to serve for one year from July 1 in the year of their appointment. Thereafter, each regular appointment shall be made for a term of three years.
(3) 
Powers and duties. The Board of Health shall have the duties and powers prescribed by state statutes, particularly Ch. 251, Wis. Stats.

11.02 Medical Advisor.

[Amended by Ord. No. 698]
(1) 
General duties. The Medical Advisor shall:
(a) 
Provide competent medical advice and consultation to the Public Health Administrator/Health Officer and Health Department staff on a timely basis for those problems encountered by them.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Code Adoption Ordinance).
(b) 
Provide medical advice on public health matters to the Board of Health and the Village Board as needed.
(c) 
Provide advice and consultation for the enforcement of local, state and federal health laws; and
(d) 
Perform other duties, to include, but not be limited to, clinic services, physical examinations, staff education, inspections and other duties determined by the Village Manager and Public Health Administrator/Health Officer.
(2) 
Right to enter premises. The Medical Advisor shall have the right to enter and examine premises as stated in § 11.025(3) of this chapter.

11.025 Public Health Administrator/Health Officer.

[Amended by Ord. No. 698]
(1) 
General duties. The Public Health Administrator/Health Officer shall:
(a) 
Serve as Health Officer for the purpose of communicable disease control pursuant to Ch. HFS 139, Wis. Adm. Code, and Ch. 251, Wis. Stats.
(b) 
Provide direction, coordination and supervision of all public health programs and personnel.
(c) 
Maintain continuous sanitary supervision over the Village.
(d) 
Promote the spread of information as to the cause, nature and prevention of prevalent diseases and the preservation and improvement of health.
(e) 
Enforce the health laws, rules and regulations of the State Department of Health and Family Services, the state and Village, including the laws relating to contagious diseases contained in Chs. 250 to 255, Wis. Stats.
(f) 
Take steps necessary to secure prompt and full reports by physicians of communicable diseases.
(g) 
Keep a record of all official acts.
(h) 
Report to the Wisconsin Department of Health and Family Services as required.
(i) 
Make annual reports to the Village Board and such other reports as it may request.
(2) 
Materials and supplies. The Public Health Administrator/Health Officer may procure at the expense of the Village all record books and other supplies and materials needed by the Board of Health and Health Department.
(3) 
Right to enter premises. The Public Health Administrator/Health Officer or person designated by the Administrator shall have the right to enter and examine any public premises or any place where meat, fish, poultry, game, milk, bakery goods or other foodstuffs are stored, prepared or dispensed for public consumption and to inspect or examine any vehicle transporting such foodstuffs for the purpose of enforcing the provisions of this chapter.

11.026 Sanitarian.

[Added by Ord. No. 620]
(1) 
General duties. The Sanitarian shall:
(a) 
Serve as the environmental health component of the Health Department pursuant to § HFS 139.07, Wis. Adm. Code.
(b) 
Provide licensing, surveillance, inspections, sampling, education, consultation and technical assistance, epidemiological investigations and response to any complaints as necessary in the community.
(c) 
Develop codes, ordinances, programs and procedures, cooperatively with the Public Health Administrator/Health Officer and Village Attorney, to ensure the enforcement of and compliance with state and federal public health and environmental health laws.
(d) 
Prepare forms, reports and correspondence on all activities in a timely manner.
(e) 
Maintain records and statistics and report to the State Department of Health and Family Services and others as required.
(f) 
Inspect wholesale and retail food establishments and stores where food or beverages are sold, handled or served; recommend improvements in food handling, sanitation, storage and processing; condemn food and beverage for human consumption; and enforce relevant sanitation ordinances, rules and regulations.
(g) 
Investigate allegations of food and waterborne diseases, determine and implement methods to correct conditions giving rise to such allegations and educate to prevent recurrences.
(h) 
Investigate various health-related community problems or complaints regarding general health nuisances, health hazards and refuse problems, implement corrective measures, reinspect and educate to ensure continued compliance with ordinances.
(i) 
Inspect public swimming pools and make recommendations to ensure health and safety.
(j) 
Implement rabies, rodent and other vector control and elimination by initiating whatever measures may be indicated in a given situation.
(k) 
Inspect nursing homes, hotels, motels, hostels, health clubs, community-based residential facilities, single- and multiple-family dwellings, stores, taverns, schools and public buildings to determine compliance with relevant sanitation codes.
(2) 
Right to enter premises. The Sanitarian shall have the right to enter and examine premises as stated in the duties of the Public Health Administrator/Health Officer under § 11.025(3).
[Amended by Ord. No. 698]

11.03 Rules and regulations.

[Amended by Ord. No. 620; Ord. No. 698]
The Public Health Administrator/Health Officer and the Board of Health may make reasonable and general rules for the enforcement of this chapter, for the prevention of health nuisances and for the protection of the public health and welfare and may, where appropriate, require the issuance of licenses and permits. All such requirements, when approved by the Village Board, shall have the same effect as ordinances, and any person violating any of such regulations or any lawful order of the Board shall be subject to a penalty as provided in § 25.04 of this Code.

11.04 Abatement of health nuisances.

[Amended by Ord. No. 620; Ord. No. 698]
The Public Health Administrator/Health Officer or the Board of Health may abate health nuisances in accordance with Ch. 254, Wis. Stats., which is adopted by reference and made a part of this chapter as if fully set forth herein.

11.05 Communicable diseases.

[Amended by Ord. No. 620; Ord. No. 698]
Chapter 252, Wis. Stats., is adopted by reference and made a part of this chapter and the Public Health Administrator/Health Officer shall enforce the provisions thereof.

11.06 Regulation of nuisance-type businesses.

(1) 
Statutory authorization. This section is enacted pursuant to § 66.0415, Wis. Stats.
(2) 
Permit required. No person shall conduct within the Village any business which has a tendency to create a public nuisance, except upon permit issued by the Public Health Administrator/Health Officer and subject to such conditions as he may impose.
[Amended by Ord. No. 620]
(3) 
Definition. A "business which has a tendency to create a public nuisance" is one which, unless properly regulated, may create a public nuisance as defined in § 10.02 of this Code.

11.07 Sale and distribution of milk and milk products.

(1) 
No person shall sell or distribute milk or any milk product for direct human consumption or to any hotel, restaurant, store, vendor or other retailer for resale for human consumption unless such person possesses a valid license therefor granted by the Village. No license shall be required for hotels, restaurants, stores, vendors and other retailers who sell the milk and milk products furnished by licensees in compliance with this section.
(2) 
Each application for a license shall state the name and address of the person applying for a license and the location of each premises where any item regulated by this section is bottled, pasteurized or otherwise prepared for distribution. The license shall be issued by the Clerk-Treasurer upon payment of an annual fee of $15 for each calendar year or portion thereof. Every license shall expire on June 30 of the year issued.
(3) 
The term "milk product" shall mean and include cream, homogenized milk, buttermilk, skim milk, milk beverages, skim milk beverages, milk or skim milk which has been fortified by the addition of vitamins or minerals and any other products made by the addition of any substance to milk or any of these named products and used for the same purposes which may be designated by the Village Board as a milk product.
(4) 
No person shall sell, offer or expose for sale any milk or milk product which is adulterated or misbranded as those terms are defined in the Wisconsin Statutes.
(5) 
No person shall sell, offer or expose for sale any milk or milk product other than Grade A pasteurized milk or milk products.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Code Adoption Ordinance).

11.08 Littering.

(1) 
Public areas to be kept clean.
(a) 
Nuisance materials prohibited. No person shall place, throw or leave any slops, dirty water or other liquid of offensive smell or otherwise nauseous or unwholesome, or any dead carcass, carrion, meat, fish, entrails, manure, offal, earth, compost material or other dirt, stones, bricks, tin cans, boxes, barrels or other substances, or circulate or distribute any circulars, handbills, cards, posters, dodgers, or other printed or advertising matter, or drain or pour or permit to drain or flow oil, gasoline, benzine, or other similar oil or oily substance or liquid in or upon any sidewalk, street, alley, public place or park within the Village, provided that this subsection shall not prohibit the use of manure or commercial fertilizer for garden, lawn or park purposes in such a manner as not to create a nuisance or the placing of ashes, sand, sawdust, or salt upon a sidewalk in compliance with § 8.04 of this Code.
(b) 
Responsibility of abutters. Any person occupying by lease or otherwise any real estate abutting upon any sidewalks within the Village shall keep the sidewalk in front of or adjoining such property clear of any substance or material enumerated in Subsection (1)(a).
(2) 
Responsibility of vehicles. The owner or operator of any vehicle hauling or coming from an excavation or unpaved area shall remove or cause to be removed the loose, wet or moist mud or earth from such vehicle before the same shall travel over any paved street, alley or other thoroughfare in the Village.
(3) 
Disposal of rubbish and debris on private property. No person shall place, deposit, throw, keep, permit or maintain any rubbish, debris, ashes, paper, manure, tin cans, or any slops, dirty water or other liquid of offensive smell, or otherwise nauseous or unwholesome, or any dead carcass, carrion, meat, fish, entrails, or other nauseous or unwholesome meat or substance in or upon any lot, yard, block or enclosure within the Village, unless the same shall be safely and securely stored in a rodentproof container securely enclosed, and provided that nothing in this subsection shall prohibit the use of manure or commercial fertilizer for garden, lawn or farm purposes in such manner as not to create a nuisance.
(4) 
Director of Public Works to make periodic examinations. The Director of Public Works shall cause such necessary examinations to be made from time to time as may be required to keep the alleys, streets, sidewalks and public grounds free from the nauseous substances, rubbish and other items named in Subsections (1) and (2) and to institute prosecutions against all persons who may violate this section.

11.09 Garbage and refuse disposal.

[Amended by Ord. No. 668]
(1) 
Definitions. The following words have the meaning indicated:
COMBINED REFUSE
Refuse of animal or vegetable substances which has been used or intended as food for man or animal and including but not limited to paper, cardboard, plastics, shoes and clothing, glass jars, crockery and tin containers as may be accumulated in the customary use of a dwelling.
COMBUSTIBLE WASTE
All burnable waste materials other than garbage. In general, burnable materials include paper, rags, cardboard, clothing, wooden furniture, excelsior and the like.
COMMERCIAL WASTE
Any and all wastes or refuse generated in the business enterprises and/or activities associated therewith. It includes churches, public and parochial education institutions, charitable organizations, multifamily dwellings of four units or more per premises and all combination business-residential properties.
CONSTRUCTION WASTE
Waste resulting from building construction, alteration, repair or demolition and includes earth and concrete when these materials are associated with contracted construction work.
CURBSIDE
The area within five feet of the edge of the traveled portion of any public street or alley affording reasonable access to waste collection crews from the street or alley line, but only such portion thereof as lies on the roadway side of any drainage ditch.
GARBAGE
All waste animal, fish, fowl, fruit or vegetable matter incidental to and resulting from the use, preparation and storage of food for human consumption, including spoiled food, but exclusive of such items when enclosed in containers of a noncombustible nature.
INCOMBUSTIBLE WASTE
All unburnable waste, including ashes. In general, unburnable materials also include bottles, broken glass, earth, gravel, stone, tin cans, wire, metal, china, crockery and the like.
MANUFACTURING WASTE
Any and all wastes or refuse generated in the manufacturing process and/or activities associated therewith.
MEDICAL WASTE
Includes but is not limited to laboratory waste, needles, syringes, scalpels, blades, isolation wastes, cultures and stocks of infection agents and associated biological and pathological wastes.
SOLID WASTE
Useless, unused, unwanted or discarded material resulting from housekeeping activities. It includes garbage, refuse and ashes and nonputrescible products incidental to the above functions.
YARD WASTE
Leaves, grass clippings, garden debris and brush, including clean wood vegetative material no greater than six inches in diameter. This term does not include stumps, roots or shrubs with intact root balls.
(2) 
General conditions covering preparation and storage of solid waste.
(a) 
Garbage shall be drained of all free liquid and packaged by securely wrapping in paper or other approved means and placed in an approved container, including garbage containers and disposable refuse liners. Improperly prepared and stored garbage of a liquid or semiliquid nature will not be collected.
(b) 
Combined refuse shall be placed in an approved container or securely tied in bundles so that it cannot readily be blown or scattered.
(c) 
No person shall deposit solid waste in any other place or in any other manner than as provided in this section.
(d) 
Ashes shall be wetted just sufficiently to impact them and prevent spreading of particles of dust and stored in an approved container separate from other types of refuse. Hot ashes shall not be placed out for collection. Such containers shall be of fireproof construction.
(e) 
Animal and fowl manure and other noxious wastes from residential dwellings, if handled and stored in a manner similar to garbage, will be removed as ordinary refuse. Manure and noxious wastes of excessive quantities will not be collected by the Department.
(f) 
Yard waste shall not be mixed with garbage or other waste.
(g) 
The householder or occupant of every dwelling, building or portion thereof shall provide suitable containers of substantial metal or plastic construction design for outdoor use, provided with at least two handles and a separate close-fitting cover which shall be properly affixed at all times. Plastic or paper liners meeting standard regulations as to manufacture and design especially for refuse disposal purposes may be used. They shall have a capacity of not less than 20 gallons nor more than 32 gallons, and no single container or refuse liner shall weigh more than 50 pounds. This section does not apply to a householder or occupant that purchases an approved container from the Village designed for use by a truck-mounted lifting device.
[Amended by Ord. No. 671; 10-15-2013 by Ord. No. 865]
(h) 
All garbage, food waste and refuse shall be placed only in such covered container or in secured refuse liners so that weather elements would not result in refuse being scattered about the premises so as to constitute a health hazard or a nuisance. All containers and/or liners, except those for multifamily dwellings governed under Subsection (5)(c), shall be stored upon private property and screened from public view and shall be stored behind the front building line and, on corner properties, behind the street side building line.
[Added 10-15-2013 by Ord. No. 865]
(3) 
General conditions covering collection and disposal.
(a) 
Solid waste, unless specifically excluded herein, shall be collected and disposed of on a weekly basis by the Department of Public Works if prepared and stored in the manner prescribed in this chapter.
(b) 
Commercial waste, manufacturing waste and medical waste shall be excluded from any type of collection and/or disposal as furnished by the Department of Public Works.
(c) 
Construction wastes resulting from the activities of a contractor or other nonoccupant of the premises will not be collected and/or disposed of by the Department from any properties in the Village.
(d) 
Effective July 1, 1992, yard waste shall not be included with refuse for collection and shall not be collected by the Department of Public Works.
(e) 
Large items, such as appliances, hot water tanks, discarded furniture, mattresses and/or other large household equipment items shall be excluded from any type of collection as furnished by the Department of Public Works.
(f) 
Any substance whose collection, destruction or disposal would be harmful or dangerous to personnel or equipment shall not be included with refuse for collection. The term "deleterious substances" includes, but is not limited to, acids, blasting materials, ammunition, paints, lacquers and varnishes, combustible alloys or chemicals and/or any radioactive materials.
(g) 
The cost of any special collection service rendered to any householder or occupant of any building necessitated because of a violation of any part of this section or of the rules and regulations hereinafter provided for shall be paid by the party or parties receiving such special service.
(h) 
The householder or occupant may apply to the Department for special collection of any acceptable wastes, including delivery of such wastes to Village collection sites. The Village Manager shall promulgate rules governing special collection services and will establish fees based upon actual costs for such services.
(i) 
If charges for special service collections are not paid within a reasonable time, such charges shall be certified in a proper manner to have them levied as special charges against such property served, and the Clerk-Treasurer is hereby authorized and directed to enter such charges on the tax roll.
(4) 
Conditions covering residential collection and disposal.
(a) 
Solid waste, unless specifically excluded herein, shall be collected and disposed of on a weekly basis by the Department of Public Works if prepared and stored in the manner prescribed in this section.
(b) 
The householder or occupant shall place authorized containers and/or refuse liners adjacent at the curbside no sooner than 6:00 p.m. on the day before collection and no later than 7:00 a.m. on the day of collection. The householder or occupant shall restore the containers to their original storage location on private property after collection on the same day.
(c) 
Bulk refuse, including but not limited to lumber and carpeting, not placed in containers or liners shall be securely tied in compact bundles not exceeding four inches in length or 50 pounds in weight. Lumber with protruding nails will not be collected.
(d) 
Yard waste, including branches, will not be picked up after July 1, 1992, and must be brought to the Department of Public Works yard for disposal, except during the period of October 1 through November 15 when a special fall season pickup of leaves and grass clippings will occur.
(5) 
Conditions covering multifamily dwelling collection and disposal.
(a) 
Solid waste, unless specifically excluded herein, shall be collected and disposed of on a weekly basis by the Department of Public Works if prepared and stored in the manner prescribed in this section.
(b) 
Where there are three or fewer dwelling units on a single premises, the owner, lessee or managing agent shall place authorized containers or secured refuse liners at the curbside no sooner than 6:00 p.m. on the day before the collection and no later than 7:00 a.m. on the day of collection. The owner, lessee or managing agent shall restore containers to their original storage location on private property after collection on the same day.
[Amended by Ord. No. 660]
(c) 
In all cases where there are four or more dwelling units on a single premises, it shall be the owner's responsibility to provide disposal services according to the following conditions: Upon the approval of the Director of Public Works, the owner, lessee or managing agent shall provide and properly maintain rodentproof truckloading steel containers with durable covers which shall hold a minimum of two weeks' refuse accumulation. Such containers shall be stored on private property in accessible locations approved by the Director of Public Works, and such locations shall be screened by fence and/or by landscaping materials. The owner, lessee or managing agent of every building or portion thereof shall be responsible for keeping the close-fitting covers properly affixed at all times and for maintaining the container storage area free and clear of paper, debris, waste, ice and snow.
[Amended by Ord. No. 660]
(6) 
(Reserved)[1]
[1]
Editor's Note: Original § 11.09(6), Recycling, was deleted at time of adoption of Code (see Code Adoption Ordinance). See now § 11.10, Recycling of refuse.
(7) 
Refuse disposal at the public works yard.
(a) 
Only Village residents are allowed to use the disposal and recycling facilities at the public works yard. A resident using these facilities shall, as proof of such residency, display his/her current Wisconsin operator's license or other form of identification issued by a state or county agency containing the person's picture, name and address, as proof of such residency. It shall be a violation of this section for any nonresident, or resident allowing a nonresident, to use the disposal and recycling facilities at the public works yard.
[Amended by Ord. No. 700]
(b) 
Waste originating from Village residences only will be accepted. All contractors, commercial businesses and industries, churches and institutions, regardless of being a Village resident, shall find other means of disposal.
(c) 
Refuse and other materials received at the yard shall be disposed of at the predetermined locations and shall conform to the requirements prescribed in this chapter. The placing or causing to be placed or deposited of any waste material within the public works yard or upon Village property other than a predetermined location shall be considered a public nuisance and is prohibited.
(8) 
Rules and regulations. Rules and regulations necessary to the effective execution of this section shall be prepared by the Village Manager and a copy distributed to each residence in the Village.

11.10 Recycling of refuse.

[Added by Ord. No. 694]
(1) 
Purpose. The purpose of this section is to promote recycling, composting, and resource recovery through the administration of an effective recycling program, as provided in § 287.11, Wis. Stats., and Ch. NR 544, Wis. Adm. Code.
(2) 
Statutory authority. This section is adopted as authorized under § 287.09, Wis. Stats.
(3) 
Interpretation. It is not intended by this section to repeal, abrogate, annul, impair or interfere with any existing rules, regulations, ordinances or permits previously adopted or issued pursuant to law. However, whenever this section imposes greater restrictions, the provisions of this section shall apply. In their interpretation and application, the provisions of this section shall be held to be the minimum requirements and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes. Where any terms or requirements of this section may be inconsistent or conflicting, the more restrictive requirements of interpretation shall apply. Where a provision of this section is required by Wisconsin Statutes or by a standard in Ch. NR 544, Wis. Adm. Code, and where the provision of this section is unclear, the provision shall be interpreted in light of the Wisconsin Statutes and the Ch. NR 544 standards in effect on the date of the adoption of this section or in effect on the date of the most recent text amendment to this section.
(4) 
Applicability. The requirements of this section apply to all persons within the Village of Greendale.
(5) 
Definitions. For the purposes of this section, the following terms shall have the meaning indicated:
BIMETAL CONTAINER
A container for carbonated or malt beverages that is made primarily of a combination of steel and aluminum.
CONTAINER BOARD
Corrugated paperboard used in the manufacture of shipping containers and related products.
FOAM POLYSTYRENE PACKAGING
Packaging made primarily from foam polystyrene that satisfies one of the following criteria:
(a) 
It is designed for serving food or beverages.
(b) 
It consists of loose particles intended to fill space and cushion the packaged article in a shipping container.
(c) 
It consists of rigid materials shaped to hold and cushion the packaged article in a shipping container.
HDPE
High-density polyethylene, labeled by the SPI Code No. 2.
LDPE
Low-density polyethylene, labeled by the SPI Code No. 4.
MAGAZINES
Magazines and other materials printed on similar paper.
MAJOR APPLIANCE
A residential or commercial air conditioner, clothes dryer, clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator or stove.
MULTIPLE-FAMILY DWELLING
A property containing four or more residential units, including those which are occupied seasonally.
NEWSPAPER
A newspaper and other materials printed on newsprint.
NONRESIDENTIAL FACILITIES AND PROPERTIES
Commercial, retail, industrial, institutional and governmental facilities and properties. This term does not include multiple-family dwellings.
OFFICE PAPER
High-grade printing and writing papers from offices in nonresidential facilities and properties. Printed white ledger and computer printout are examples of office paper generally accepted as high grade. This term does not include industrial process waste.
OTHER RESINS or MULTIPLE RESINS
Plastic resins labeled by the SPI Code No. 7.
PERSON
Includes any individual, corporation, partnership, association, local governmental unit, as defined in § 66.0131(1)(a), Wis. Stats., state agency or authority or federal agency.
PETE
Polyethylene terephthalate, labeled by the SPI Code No. 1.
PLASTIC CONTAINER
An individual, separate, rigid plastic bottle, can, jar or carton, except for a blister pack, that is originally used to contain a product that is the subject of a retail sale.
POSTCONSUMER WASTE
Solid waste other than solid waste generated in the production of goods, hazardous waste, as defined in § 291.01(7), Wis. Stats., waste from construction and demolition of structures, scrap automobiles, or high-volume industrial waste, as defined in § 289.01(17), Wis. Stats.
PP
Polypropylene, labeled by the SPI Code No. 5.
PS
Polystyrene, labeled by the SPI Code No. 6.
PVC
Polyvinyl chloride, labeled by the SPI Code No. 3.
RECYCLABLE MATERIALS
Lead acid batteries, major appliances, waste oil, yard waste, aluminum containers, corrugated paper or other container board, foam polystyrene packaging, glass containers, magazines, newspaper, office paper, rigid plastic containers, including those made of PETE, HDPE, PVC, LDPE, PP, PS and other resins or multiple resins, steel containers, waste tires, and bimetal containers.
SOLID WASTE
Has the meaning specified in § 289.01(33), Wis. Stats. and in § 11.09 of this chapter.
SOLID WASTE FACILITY
Has the meaning specified in § 289.01(35), Wis. Stats.
SOLID WASTE TREATMENT
Any method, technique or process which is designed to change the physical, chemical or biological character or composition of solid waste. "Treatment" includes incineration.
WASTE TIRE
A tire that is no longer suitable for its original purpose because of wear, damage or defect.
YARD WASTE
Leaves, grass clippings, yard and garden debris and brush, including clean woody vegetative material no greater than six inches in diameter. This term does not include stumps, roots or shrubs with intact root balls.
(6) 
Separation of recyclable materials. Occupants of single-family and two- to three-unit residences, multiple-family dwellings and nonresidential facilities and properties shall separate the following materials from postconsumer waste in the manner and beginning on the dates provided herein:
(a) 
Lead acid batteries.
(b) 
Major appliances.
(c) 
Waste oil.
(d) 
Yard waste.
(e) 
Aluminum containers.
(f) 
Bimetal containers.
(g) 
Corrugated paper or other container board.
(h) 
Foam polystyrene packaging.
(i) 
Glass containers.
(j) 
Magazines.
(k) 
Newspapers.
(l) 
Office papers.
(m) 
Rigid plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS, and other resins or multiple resins.
(n) 
Steel containers.
(o) 
Waste tires.
(7) 
Separation requirements exempted. The separation requirements of Subsection (6) do not apply to the following:
(a) 
Occupants of single-family and two- to three-unit residences, multiple-family dwellings and nonresidential facilities and properties that send their postconsumer waste to a processing facility licensed by the State Department of Natural Resources that recovers the materials specified in Subsection (6) from solid waste in as pure a form as is technically feasible.
(b) 
Solid waste which is burned as a supplemental fuel at a facility if less than 30% of the heat input to the facility is derived from the solid waste burned as supplemental fuel.
(c) 
A recyclable material specified in Subsection (6)(e) to (o) for which a variance has been granted by the State Department of Natural Resources under § 287.11(2m), Wis. Stats., or § NR 544.14, Wis. Adm. Code.
(8) 
Care of separated recyclable materials. To the greatest extent practicable, the recyclable materials separated from postconsumer waste in accordance with Subsection (6) shall be clean and kept free of contaminants such as food or product residue, oil or grease, or other nonrecyclable materials, including but not limited to household hazardous waste, medical waste, and agricultural chemical containers. Recyclable materials shall be stored in a manner which protects them from wind, rain, and other inclement weather conditions.
(9) 
Management of lead acid batteries, major appliances, waste oil and yard waste. Occupants of single-family and two- to four-unit residences, multiple-family dwellings and nonresidential facilities and properties shall manage lead acid batteries, waste tires, major appliances, waste oil, and yard waste as follows:
(a) 
Lead acid batteries and waste tires shall be taken for recycling to any area business which sells lead acid batteries and tires and accepts the same for recycling.
(b) 
Major appliances shall be taken to the public works yard located in the industrial park and deposited in the marked receptacle for recycling.
(c) 
Waste oil shall be taken to the public works yard located in the industrial park and deposited in the marked receptacle for recycling.
(d) 
Yard waste shall be taken to the public works yard located in the industrial park and deposited in the marked receptacle for recycling.
(10) 
Preparation and collection of recyclable materials. Except as otherwise directed by the Public Works Director, occupants of single-family and two- to three-unit residences shall provide for the preparation and collection of the separated materials from postconsumer waste as specified in Subsection (6)(e) to (o) by cleaning those materials from any residue and then placing the materials curbside in the designated recycling container on the same day as normal refuse collection. Materials must be separated from postconsumer waste and prepared for recycling beginning on the following date noted below:
(a) 
Beginning January 1, 1995, the following materials shall be separated from postconsumer waste and placed curbside for recycling:
1. 
Aluminum containers.
2. 
Bimetal containers.
3. 
Glass containers.
4. 
Newspapers.
5. 
Plastic containers made of PETE and HDPE.
6. 
Steel containers.
7. 
Corrugated paper or other container board.
8. 
Magazines.
9. 
Office papers.
(b) 
The following materials shall not be placed curbside for recycling until directed by the Director of Public Works or otherwise directed by the Village:
1. 
Plastic containers made of PVC, LDPE, PP, PS and other resins or multiple resins.
2. 
Foam polystyrene packaging.
(11) 
Responsibilities of owners or designated agents of multiple-family dwellings.
(a) 
Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in Subsection (6)(e) to (o):
1. 
Provide adequate, separate containers specifically designated for the recyclable materials.
2. 
Notify tenants in writing at the time of renting or leasing the dwelling and at least semiannually thereafter about the established recycling program.
3. 
Provide for the collection of the materials separated from the solid waste by the tenants and user.
4. 
Notify tenants of reasons to reduce and recycle solid waste, which materials are collected, how to prepare the materials in order to meet the processing requirements, collection methods or sites, locations and hours of operation, and a contact person or company, including a name, address and telephone number.
5. 
The requirements specified in Subsection (11)(a)1 do not apply to the owners or designated agents of multiple-family dwellings if the postconsumer waste generated within the dwelling is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in Subsection (6)(e) to (o) from solid waste in as pure a form as is technically feasible.
6. 
Provide a separate room or designated space within or adjacent to the building for the separation, temporary storage and collection of recyclable materials specified by § 11.09(5)(c) of this chapter and approved by the Director of Inspection Services.
(b) 
Owners or designated agents of multiple-family dwellings shall be responsible for control of all containers and for enforcement of these requirements among tenants.
(12) 
Responsibilities of owners or designated agents of nonresidential facilities and properties.
(a) 
Owners or designated agents of nonresidential facilities and properties shall do all of the following to recycle the materials specified in Subsection (6)(e) to (0):
1. 
Provide adequate, separate containers for the recyclable materials.
2. 
Notify in writing, at least semiannually, all users, tenants and occupants of the properties about the established recycling program.
3. 
Provide for the collection of the materials separated from solid waste by the users, tenants and occupants and the delivery of the materials to a recycling facility.
4. 
Notify users, tenants and occupants of reasons to reduce and recycle, which materials are collected, how to prepare materials in order to meet the processing requirements, collection methods or sites, locations and hours of operation, and a contact person or company, including a name, address and telephone number.
5. 
Provide a separate room or designated space within or adjacent to the building for the separation, temporary storage and collection of recyclable materials specified by § 11.09(5)(c) of this chapter and approved by the Director of Inspection Services.
(b) 
The requirements specified in Subsection (12)(a) do not apply to the owners or designated agents of nonresidential facilities and properties if the postconsumer waste generated within the facility or property is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in Subsection (6)(e) to (0) from solid waste in as pure a form as is technically feasible.
(13) 
Prohibitions on disposal of recyclable materials separated from postconsumer waste for recycling. No person may dispose of in a solid waste disposal facility or burn in a solid waste treatment facility any of the materials specified in Subsection (6)(e) to (o) which have been separated for recycling, except waste tires may be burned with energy recovery in a solid waste treatment facility.
(14) 
Enforcement.
(a) 
For the purposes of ascertaining compliance with the provisions of this section, any authorized officer, employee or representative of the Village may inspect recyclable materials separated for recycling, postconsumer waste intended for disposal, recycling collection sites and facilities, collection vehicles, collection areas of multiple-family dwellings and nonresidential facilities and properties, and any records relating to recycling activities, which shall be kept confidential when necessary to protect proprietary information. No person may refuse access to any authorized officer, employee or authorized representative of the Village who requests access for purposes of inspection and who presents appropriate credentials. No person may obstruct, hamper, or interfere with such an inspection.
(b) 
Any person who violates a provision of this section may be issued a citation to collect forfeitures. The issuance of a citation shall not preclude proceeding under any other ordinance or law relating to the same or any other matter. Proceeding under any other ordinance or law relating to the same or any other matter shall not preclude the issuance of a citation under this subsection.
(c) 
Penalties for violating this section may be assessed as provided in § 25.04 of this Code.

11.11 Hazardous substance spills.

[Added by Ord. No. 614]
(1) 
Definitions. In this section the following terms shall have the meaning indicated:
DISCHARGE
Includes, but is not limited to, any spilling, leaching, pumping, pouring, emitting, emptying, escaping, releasing, disposing, injecting or dumping of a hazardous substance.
HAZARDOUS SUBSTANCE
Any substance or combination of substances, including any waste of a solid, semisolid, liquid or gaseous form, which may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or which may pose a substantial present or potential hazard to human health or the environment because of its quantity, concentration or physical, chemical or infectious characteristics. This term includes, but is not limited to, substances which are toxic, corrosive, flammable, irritants, strong sensitizers or explosives.
(2) 
Discharges prohibited. No person shall discharge or cause to be discharged any hazardous substance upon any public street, alley or property, surface waters, subsurface waters or aquifer, into the air or upon any private property, except those areas specifically licensed for waste disposal or landfill activities.
(3) 
Containment, cleanup and restoration.
(a) 
If a hazardous substance is discharged, the person responsible for the discharge shall immediately notify the Fire and Health Departments and begin immediate actions to contain, clean up and remove the offending substance in a manner approved by the Village to an approved repository and restore the site to its original condition to the extent practicable.
(b) 
If the person responsible for a discharge fails to comply with Subsection (3)(a) and the discharge presents an immediate risk to the public health, safety or environment, the Fire, Health or Inspection Services Department, its agents or contractors may either clean up the discharge and require reimbursement for actual and necessary expenses incurred for materials, supplies and equipment to the Village by the person violating this section or issue orders to the violator for the cleanup of the discharge.
(4) 
Access. When a prohibited discharge has occurred or is reasonably thought to have occurred, access to the site upon notice to the owner or occupant, whether on public or private land, shall be granted to Fire, Health and Inspection Services Department personnel for the purpose of evaluating the extent of the discharge, monitoring the containment of the discharge and monitoring the cleanup and restoration of the site. Notice to the owner or occupant is not required if the delay will result in imminent risk to public health or safety or the environment.
(5) 
Public protection. Should any prohibited discharge occur that reasonably causes a threat to life, safety, welfare or health of the public, a Police, Fire or Health Department officer or employee on the scene may order an evacuation of the area or take other appropriate protective steps for such period of time as needed.
(6) 
Civil liability. Any person in violation of this section shall be liable to the Village and to any individual whose personal property was damaged by such violation for any and all expenses incurred by the Village and loss or damages sustained by the Village by reason of such violation.
(7) 
Enforcement. The Director of Inspection Services and any police officer or fire officer shall have authority to make complaints and issue citations under this section.

11.12 Food establishments.

[Added by Ord. No. 628]
(1) 
Definitions. As used in this section, the following terms shall have the meaning indicated:
ADULTERATED FOOD
Any food that consists in whole or in part of any filthy, putrid or decomposed substance or if it has been prepared, packed or held under unsanitary conditions whereby it may have become contaminated with filth.
EMPLOYEE
Any person working in a food establishment.
FOOD
Any raw, cooked or processed edible substance, beverage or ingredient used or intended for use in whole or part as food or drink by man.
FOOD ESTABLISHMENT
Includes but is not limited to a fixed or mobile restaurant, tavern, coffee shop, cafeteria, delicatessen, sandwich stand, luncheonette, soda fountain and all other eating or drinking places as businesses; bakeries and confectioneries, as well as grocery stores, supermarkets, and catering service; and any building, room or place where food is processed, prepared, sold, served, stored or transported into the Village and all places used in connection therewith. However, the term shall not include kitchens of private homes for family use.
FOOD PROCESSING
Any operation whereby unpackaged, unwrapped or otherwise unprotected food comes in contact with hands, utensils, machinery or any other food service equipment for purposes of canning, extracting, portioning, freezing, drying, smoking, grinding, blending, mixing, packaging, cooking, frying or otherwise treating or preserving the same for subsequent sale as food.
FOOD SERVICE EQUIPMENT
All cutlery, tableware, kitchenware and other utensils, containers, slicers, hoods, ranges, refrigerators, freezers, cutting boards and any other auxiliary equipment used in direct conjunction with food handling in any food establishment.
HEALTH OFFICER
The Village Public Health Administrator/Health Officer or authorized agent.
OCCASIONAL
Less than four days per license year.
PERSON
A person, firm or corporation.
POTENTIALLY HAZARDOUS FOOD
Any perishable food which consists in whole or part of milk, milk products, eggs, meat, poultry, fish, shellfish or other ingredients capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms.
SUBSTANTIAL REMODELING
Alteration or remodeling in the food preparation and service area, including but not limited to installing or replacement of new hoods, four-compartment sink, conveyor belt dishwasher, steam tables, and walk-in refrigeration units.
VILLAGE
The Village of Greendale.
(2) 
Wisconsin Administrative Code provisions. The following provisions of the Wisconsin Administrative Code are hereby adopted and made part of this chapter by reference as though set forth in full. Failure to comply with any of such provisions shall constitute a violation of this section. Copies of these chapters shall be permanently on file and open to public inspection in the Health Department.
(a) 
Department of Agriculture, Trade and Consumer Protection.
Ch. ATCP 75
Retail Food Establishments
Ch. ATCP 90
Fair Packaging and Labeling
(b) 
Department of Health and Family Services.
Ch. HFS 195
Hotels, Motels and Tourist Rooming Houses
Ch. HFS 196
Restaurants
Ch. HFS 197
Bed-and-Breakfast Establishments
(3) 
License required. Unless otherwise provided in this section, no person shall operate a food establishment who does not possess a valid food establishment license from the Village.
(4) 
Application. Application for food establishment license shall be made to the Village Clerk-Treasurer on a form furnished by the Village at least 30 days prior to the granting of the license and shall include the full name or names of the person or persons making application, business address of such applicant, nature of business to be licensed, location of business to be licensed and, if a corporation, the full names and addresses of its officers and manager or managers.
(5) 
Issuance.
(a) 
Such license shall be issued by the Village Clerk-Treasurer upon the following:
1. 
Payment of the proper fee as provided in § 12.01 of this Code.
2. 
The Health Officer has certified that the food establishment meets the requirements of all applicable regulations.
3. 
The Chief of Police has certified that the applicants have not been convicted of a violation of any federal or state law relating to food merchandising.
4. 
The applicant shall not have due and owing any personal property and/or real estate taxes to the Village.
(b) 
Licenses shall be issued only in the name of the operator of the food establishment and shall not be transferable from one person or place to another.
(6) 
Term. The term of the license issued shall be from July 1 of each year to June 30 of the succeeding year, except for temporary licenses which shall be effective only for the term specified on the application.
(7) 
Posting. Food establishment licenses shall be posted in a conspicuous place on the premises of the licensed food establishment and shall remain so posted during the period for which the license is in force.
(8) 
License exemption. Churches, schools, fraternal, charitable, social or nonprofit organizations holding occasional fund-raising sales, school lunch programs, both public and private, or persons selling personal property at wholesale to dealers in such articles shall be exempt from the licensing requirements of this section. Exemption from this license does not exclude any person handling food for public consumption from inspection and compliance with requirements of the ordinances.
(9) 
Temporary food establishment permit. Churches, schools and fraternal, charitable, social or nonprofit organizations operated as a food establishment for four or more days during any twelve-month period shall be required to possess a valid temporary food establishment permit.
(10) 
Inspections. Inspections shall be conducted at all licensed food establishments during the license period. If upon such inspection the Health Officer finds that any licensed food establishment is operated or managed in violation of any of the ordinances of the Village, the Health Officer shall serve a written order upon the licensee, his agent or employee in charge of such licensed premises, notifying that person of such violations and directing him to comply within a reasonable time. If compliance is not met, a citation will be issued by the Health Officer.
(11) 
Interference with Health Officer. No person shall resist or obstruct the Health Officer while in the discharge of any duty or shall refuse or neglect to obey any directive given by the Health Officer in matters pertaining to his duties.
(12) 
Revocation and suspension of license. A food establishment license may be temporarily suspended by the Health Officer without prior notice for violation of any of the terms of this section where such violation has been determined by the Health Officer to be a direct and immediate hazard to public health. A food establishment license may also be suspended with prior notice pending correction of any violation which constitutes a health hazard which is serious, but not immediate, or a recurring or repeated violation. The licensee whose food establishment license has been suspended may at any time make application for reinstatement of the license. Within 48 hours after the receipt of a written application for reinstatement, including a statement signed by the applicant that the violated provisions of this section have been corrected, the Health Officer shall make a reinspection at the expense of the licensee and thereafter as many additional reinspections as he deems necessary to assure himself that the applicant has complied with the regulations of this section and, in the event the inspections indicate compliance, shall reinstate the license. Continued or repeated violation shall be grounds for revocation of license by the Village Board per § 12.02(12) of this Code.
(13) 
Disease control. No person who is affected with any disease in a communicable form or is a carrier of such disease shall work in any food establishment and no such establishment shall employ any such person or any person suspected of being affected with any disease in a communicable form or of being a carrier of such disease. If the manager of such establishment suspects that any employee has contracted any disease in a communicable form or has become a carrier of such disease, he shall notify the Health Officer immediately.
(14) 
Procedure when infection suspected. When suspicion arises as to the possibility of transmission of infection from any food establishment employee, the Health Officer may require any or all of the following measures:
(a) 
The immediate exclusion of the employee from all food establishments.
(b) 
The immediate closing of the food establishment concerned until no further danger of disease outbreak exists in the opinion of the Health Officer.
(c) 
Adequate medical examinations of the employee and of his associates with such laboratory examinations as may be indicated.

11.13 Rodent control.

[Amended by Ord. No. 694]
(1) 
Definitions. Within the meaning of this section the following definitions shall apply:
HARDWARE CLOTH
Wire screening of such thickness and spacing as to afford reasonable protection against the entrance of rats and mice.
MANAGER
The one in actual possession, charge or control of any property within the Village as tenant, agent, trustee, guardian, executor or administrator. Notice to a manager shall be good and sufficient notice both as to the manager and the owner.
OWNER
The title holder of record.
RODENT HARBORAGE
Any place where rodents can live and nest without fear of frequent molestation or disturbance.
RODENTPROOF CONTAINER
A container constructed of metal, or the container shall be lined with metal or other material that is impervious to rodents, and openings into the container such as doors shall be tight-fitting to prevent the entrance of rodents.
RODENTPROOFING
Consists of closing openings in building foundations and openings under and around doors, windows, vents and other places, which could provide means of entry for rodents, with concrete, sheet iron, hardware cloth or other types of rodentproofing material approved by the Director of Inspection Services.
(2) 
Elimination of rodent harborages. Whenever accumulations of rubbish, boxes, lumber, logs, scrap metal, car bodies, or any other materials provide rodent harborage, the person owning or in control of such materials shall cause the materials to be removed or the materials shall be stored so as to eliminate the rodent harborage. Lumber, logs, boxes, and similar materials shall be neatly piled. These piles shall be raised at least a foot above the ground. When the owner of the materials cannot be found, after reasonable search, the owner or manager of the premises on which the materials are stored shall be responsible for disposal, or proper piling, of the materials.
(3) 
Elimination of rodent feeding places. No person shall place, or allow to accumulate on concrete or asphalt surfaces, any materials that may serve as a food source for rodents in such accessible areas. Any waste materials that may serve as food for rodents shall be stored in rodentproof containers. Food for birds shall be placed on raised platforms or such feed shall be placed where it is not accessible to rodents.
(4) 
Extermination. When rodent holes, burrows or other evidences of rodent infestation are found on any premises or in any building within the Village, it shall be the duty of the owner or manager of such property to exterminate the rodents or to cause the rodents to be exterminated. Within 10 days after extermination, the owner or manager shall cause all of the rodent holes or burrows in the ground to be filled with earth, ashes or other suitable materials.
(5) 
Rodentproofing. It shall be the duty of the owner or manager of any building in the Village to make such building reasonably rodentproof, to replace broken basement windows and, when necessary, to cover the basement window openings with hardware cloth or other suitable materials for preventing rodents from entering the building through the window openings. The owner or manager of any premises upon which sheds, barns, coops or similar buildings are located shall eliminate the rodent harborages from within and under such buildings by rodentproofing, raising the buildings above the ground, or by some other suitable method.

11.14 (Reserved) [1]

[1]
Editor's Note: Original § 11.14, which pertained to body piercing and tattoo establishments, as added 3-17-1998 by Ord. No. 754, was repealed 12-18-2001 by Ord. No. 786. See now Ch. 12, § 12.26.

11.15 Violations and penalties.

Except as otherwise provided, any person who shall violate any provision of this chapter or any regulation, rule or order made hereunder shall be subject to a penalty as provided in § 25.04 of this Code.