[HISTORY: Adopted by the Village Board of
the Village of Greendale as Ch. 11 of the Code of Ordinances. Amendments
noted where applicable.]
[Amended by Ord. No. 698]
(1)
Established. The Board of Health shall consist of
not more than nine 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.
[Amended 6-4-2019 by Ord. No. 908]
(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 May 1 in the year of their appointment.
Thereafter, each regular appointment shall be made for a term of three
years.
[Amended 5-18-2021 by Ord. No. 930]
(3)
Powers and duties. The Board of Health shall have
the duties and powers prescribed by state statutes, particularly Ch.
251, Wis. Stats.
[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.
[Amended 5-20-2008 by Ord. No. 840]
(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.
[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.
[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.
[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.
[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.
[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.
(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]
[1]
Editor's Note: Former § 11.07, Sale and distribution
of milk and milk products, as amended, was repealed 1-17-2023 by Ord. No. 945.
(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.
(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.
[Amended by Ord. No. 668]
(1)
COMBINED REFUSE
COMBUSTIBLE WASTE
COMMERCIAL WASTE
CONSTRUCTION WASTE
CURBSIDE
GARBAGE
HOMEOWNER NONRESIDENT PERMIT
INCOMBUSTIBLE WASTE
MANUFACTURING WASTE
MEDICAL WASTE
SNOWBIRD PERMIT
SOLID WASTE
YARD WASTE
Definitions. The following words have the meaning
indicated:
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.
All burnable waste materials other than garbage. In general,
burnable materials include paper, rags, cardboard, clothing, wooden
furniture, excelsior and the like.
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.
Waste resulting from building construction, alteration, repair
or demolition and includes earth and concrete when these materials
are associated with contracted construction work.
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.
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.
A person who owns and rents a one- to three-family dwelling
in the Village of Greendale, but is not a resident. The permit can
be obtained at the Village Hall.
[Added 10-19-2021 by Ord. No. 932]
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.
Any and all wastes or refuse generated in the manufacturing
process and/or activities associated therewith.
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.
A person who is a resident of the Village of Greendale for
a portion of the year and resides outside of the state the remainder
of the year. They own a property in the Village of Greendale, but
they do not rent their property when unoccupied. The permit can be
obtained annually at Village Hall with proof of residency and ownership.
[Added 10-19-2021 by Ord. No. 932]
Useless, unused, unwanted or discarded material resulting
from housekeeping activities. It includes garbage, refuse and ashes
and nonputrescible products incidental to the above functions.
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]
(7)
Refuse disposal at the public works yard.
[Amended by Ord. No. 700; 9-1-2020 by Ord. No. 925; 10-19-2021 by Ord. No.
932]
(a)
Only Village residents that are part of the Village's
solid waste disposal curbside collection program are allowed to use
the disposal and recycling facilities for disposal at the public works
yard. A resident using these facilities shall, as proof of such residency,
display his/her current Wisconsin operator's license, a Village of
Greendale snowbird permit, a homeowner nonresident permit, 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.
(b)
A nonresident that is an owner of a residential dwelling
of three or fewer units may obtain a permit to use the yard to dispose
of waste that originated from the Greendale residence. The permit
fee is set by resolution by the Village Board. The permit allows for
a one-time use of the facility with a load size limited/equal to one
full-size pickup truck. Proof of ownership will be required to obtain
the permit.
(c)
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.
(d)
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.
[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)
BIMETAL CONTAINER
CONTAINER BOARD
FOAM POLYSTYRENE PACKAGING
HDPE
LDPE
MAGAZINES
MAJOR APPLIANCE
MULTIPLE-FAMILY DWELLING
NEWSPAPER
NONRESIDENTIAL FACILITIES AND PROPERTIES
OFFICE PAPER
OTHER RESINS or MULTIPLE RESINS
PERSON
PETE
PLASTIC CONTAINER
POSTCONSUMER WASTE
PP
PS
PVC
RECYCLABLE MATERIALS
SOLID WASTE
SOLID WASTE FACILITY
SOLID WASTE TREATMENT
WASTE TIRE
YARD WASTE
Definitions. For the purposes of this section, the
following terms shall have the meaning indicated:
A container for carbonated or malt beverages that is made
primarily of a combination of steel and aluminum.
Corrugated paperboard used in the manufacture of shipping
containers and related products.
Packaging made primarily from foam polystyrene that satisfies
one of the following criteria:
High-density polyethylene, labeled by the SPI Code No. 2.
Low-density polyethylene, labeled by the SPI Code No. 4.
Magazines and other materials printed on similar paper.
A residential or commercial air conditioner, clothes dryer,
clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator
or stove.
A property containing four or more residential units, including
those which are occupied seasonally.
A newspaper and other materials printed on newsprint.
Commercial, retail, industrial, institutional and governmental
facilities and properties. This term does not include multiple-family
dwellings.
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.
Plastic resins labeled by the SPI Code No. 7.
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.
Polyethylene terephthalate, labeled by the SPI Code No. 1.
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.
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.
Polypropylene, labeled by the SPI Code No. 5.
Polystyrene, labeled by the SPI Code No. 6.
Polyvinyl chloride, labeled by the SPI Code No. 3.
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.
Has the meaning specified in § 289.01(33), Wis. Stats. and in § 11.09 of this chapter.
Has the meaning specified in § 289.01(35), Wis.
Stats.
Any method, technique or process which is designed to change
the physical, chemical or biological character or composition of solid
waste. "Treatment" includes incineration.
A tire that is no longer suitable for its original purpose
because of wear, damage or defect.
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.
(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:
(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.
[Added by Ord. No. 614]
(1)
DISCHARGE
HAZARDOUS SUBSTANCE
Definitions. In this section the following terms shall
have the meaning indicated:
Includes, but is not limited to, any spilling, leaching,
pumping, pouring, emitting, emptying, escaping, releasing, disposing,
injecting or dumping of a 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.
[Added by Ord. No. 628; amended 4-17-2018 by Ord. No. 892]
(1)
HEALTH OFFICER
PERMIT
PERSON
STATE ADMINISTRATIVE FEE
Definitions. The following definitions shall apply in the interpretation
and the enforcement of this section:
The Public Health Administrator/Health Officer (hereinafter
"Health Officer") of the Village of Greendale (hereinafter "Village")
or designee.
The document issued by the West Allis Health Department on
behalf of the Village of Greendale Health Officer that authorizes
a person to operate a retail food establishment. The term "permit"
shall be used interchangeably with the term "license."
Any person, firm, organization, or corporation.
The amount of money paid annually to the Department of Agriculture,
Trade and Consumer Protection (hereinafter "ATCP"), of the State of
Wisconsin, pursuant to agency contracts between those agencies and
the West Allis Health Department and Village of Greendale Health Department.
(2)
State regulations. Except as otherwise provided herein, the provisions
of the Wisconsin Food Code, Chapter ATCP 75 of the Wisconsin Administrative
Code and its appendices, Chapter 97 of the Wisconsin Statutes, and
§ 66.0417, Wis. Stats., as they are from time to time amended
are hereby adopted by reference. All retail food establishments shall
comply with all applicable provisions of these regulations.
(3)
Retail food establishment permit required. No person shall operate a retail food establishment in the Village without a permit from the Health Officer. Only a person who complies with the requirements of this section shall be entitled to receive and retain a permit. Violation of any of the requirements of this section by a holder of a license issued under § 12.03 of this Code shall be grounds for suspension or revocation of such license, in accordance with this Code. Permits shall be issued only in the name of the operator. Licenses are not transferable unless the operator meets the requirements in § ATCP 75.104(3), Wis. Adm. Code.
(4)
Permit application. A written application for the permit(s) required
by this section shall be filed with the Health Officer upon forms
provided by the Health Officer. The application shall include the
full name or names of the person or persons making application, address,
location of business to be licensed and, if a corporation, the full
names and address of its officer and manager or managers. In addition,
the applicant must furnish e-mail address, cell phone number, FEIN
number or driver's license number, Wisconsin Department of Financial
Institution Corporate ID number, Seller's Permit number and applicant's
signature and date of application.
(5)
Issuance. Such license shall be
issued by the Health Officer/Clerk-Treasurer upon the following:
(6)
Fees for retail food establishments. Initial permit fees shall be
paid at the time the application is filed. Renewal permit fees shall
be paid prior to the expiration of a permit, and no person shall operate
any food establishment until all renewal fees have been paid. Any
renewal permit fee paid on July 1 or later shall be subject to a late
fee. A permittee or applicant shall notify the Health Officer in writing
if any information listed in the application form has changed within
10 days of such change. The fees for retail food establishment permits
shall be set by resolution adopted by the Village Board.
(7)
Sanitation inspections.
(a)
The fee for a sanitation inspection and each reinspection fee
shall set by resolution by the Village Board. All fees shall be paid
prior to inspection.
(b)
If an inspection reveals the existence of a violation that is
potentially hazardous to the health and welfare of the public, the
Health Officer or his/her designee may order a reinspection of the
establishment.
(8)
Posting permit; fee for duplicate permit. Every retail food establishment
shall display its permit at all times in plain view of the public.
Duplicate permits shall be issued to replace permits which are misplaced
or damaged so as to be illegible. The fee for a duplicate permit shall
be set by resolution by the Village Board.
(9)
Unwholesome food and drink. Samples of food, drink, and other substances
may be taken and examined by the Health Officer or his/her designee
as often as may be necessary for the detection of unwholesomeness
or adulteration. The Health Officer or his/her designee may condemn
and forbid the sale of, or cause to be removed or destroyed, any food
or drink that is found to be unwholesome or adulterated.
(10)
Inspection of establishments.
(a)
Frequency of inspections. The Health Officer or his/her designee shall inspect food establishments at least once during the license year. If the Health Officer or his/her designee discovers a violation of Centers for Disease Control and Prevention risk factors, priority items, priority foundation items, or any violation that is potentially hazardous to the health and welfare of patrons or employees of the retail food establishment, s/he may make a reinspection after a lapse of five business days or such time as s/he deems reasonably necessary for the violations to be corrected. Failure to correct a violation within the scheduled time shall result in additional reinspections and may result in further legal action, including the issuance of citations. Any reinspection shall result in the Health Department assessing the reinspection fees listed in the resolution referenced in Subsection (6) above.
(b)
Inspection report. One copy of the inspection report shall be
given to the person in charge of the establishment and another copy
shall be kept at the Health Department.
(c)
Access to establishments and records required. The person operating
a retail food establishment shall, upon the request of the Health
Officer or his/her designee, permit access to all parts of the establishment
and shall permit the copying of any records of food purchased, pest
control reports, or other records pertinent to conducting an inspection
or foodborne illness investigation.
(11)
Establishments which may operate. No retail food establishment shall
operate within the Village unless it conforms to the requirements
of this section.
(12)
Truth of statements. All matters submitted in writing to the Village
by any applicant or permittee pertaining to any permit issued under
this section shall be true.
(13)
Conditions of permit.
(a)
Every applicant procuring a permit thereby consents to the entry
of the Health Department, police, or other duly authorized representatives
of the Village at all reasonable hours for the purpose of inspection
and search, and consents to the removal from said premises of all
things and articles there had in violation of Village ordinances or
state laws.
(b)
The permittee and/or employees and agents of the permittee shall
cooperate with Health Department and police investigations. "Cooperate,"
as used in this subsection, shall mean calling the police when a disturbance
of the peace or other violation occurs on the licensed premises and
providing complete and truthful responses to police and Health Department
inquiries. A permittee shall also appear before the Board of Trustees
when requested to do so and shall otherwise follow the lawful directives
of the Board of Trustees.
(c)
Each permitted premises shall be conducted in an orderly manner,
and no disorderly, riotous, or indecent conduct shall be allowed at
any time on any permitted premises.
(d)
The permittee shall comply with all other provisions of this
section and all other ordinances of the Village of Greendale and the
laws of the State of Wisconsin.
(14)
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.
[Amended by Ord. No. 694]
(1)
HARDWARE CLOTH
MANAGER
OWNER
RODENT HARBORAGE
RODENTPROOF CONTAINER
RODENTPROOFING
Definitions. Within the meaning of this section the
following definitions shall apply:
Wire screening of such thickness and spacing as to afford
reasonable protection against the entrance of rats and mice.
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.
The title holder of record.
Any place where rodents can live and nest without fear of
frequent molestation or disturbance.
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.
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.
[Added 4-17-2018 by Ord.
No. 892]
(1)
HEALTH OFFICER
PUBLIC SWIMMING POOL
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The Health Officer/Public Health Administrator of the Village
of Greendale or an authorized agent.
Any premises or place as defined or classified by Wisconsin
Administrative Code, Safety and Professional Services, § 390.03.
(2)
Permit required. No person shall own, operate or manage a public
swimming pool without first obtaining a permit from the Health Department.
Permits shall be posted at a conspicuous location in the pool area
and conditions or restrictions applying to the operation of the pool
which are deemed necessary for the protection of the public by the
Health Officer shall be noted thereon. Public swimming pool permits
shall not be transferable.
(3)
Public pool fees. The fees for public pools and water attractions
shall be as follows:
(a)
The fees for a prelicensing inspection for public pools and
water attractions shall be payable prior to issuance of a permit and
shall be set by resolution by the Village Board.
(b)
The annual fees for public pools and water attraction permits
shall be set by resolution by the Village Board.
(c)
Any public pool or water attraction that requires a reinspection due to the Health Department finding a violation of this section, or state statute or state regulation relating to public pools or water attractions, or finding a health nuisance, as defined in § 11.04 of the Municipal Code, shall pay a reinspection fee as set by resolution by the Village Board. All reinspection fees shall be paid at the time of reinspection.
(d)
Any public pool or water attraction that operates without a
permit shall be subject to a fee as set by resolution by the Village
Board.
(4)
Application for permit. Application for a permit required in this
section shall be made to the Health Department upon a form furnished
by the Department and shall contain such information which the Department
may prescribe and require and shall be accompanied by payment of the
applicable fee.
(5)
Issuance of permit generally. Permits required under this section,
once approved by the Health Department, shall be issued by the Health
Officer.
(6)
Inspection fee required prior to granting of permit. A permit will
not be granted under this section to an operator of a new swimming
pool or to a new operator of an existing public swimming pool without
a preinspection.
(7)
Transfer of permit; issuance to agent or employee. No permit issued
under this section may be transferred unless otherwise provided by
the ordinances of the Village. No permit shall be issued to or used
by any person acting as agent for or in the employ of another.
(8)
Expiration and renewal of permit. Except where otherwise provided,
every Health Department permit shall terminate or expire on June 30
of each year and may be renewed annually thereafter. The application
for renewal shall be filed with the Health Department on or before
June 30, together with payment of the required fees. If the annual
renewal fee has not been paid on or before June 30, an additional
late payment fee shall be required. No person shall operate a public
swimming pool or water attraction until all renewal fees have been
paid.
(9)
Suspension or revocation of permit. The Health Officer may suspend
or revoke any permit issued pursuant to the section for serious or
repeated violations of ordinances or laws regulating the licensed
activity.
(10)
Right of entry; testing of samples. The Health Officer may enter
any establishment required to be licensed in this section at all reasonable
times to inspect the premises, secure samples or specimens, examine
and copy documents, obtain photographs, or take any other action he
deems necessary to properly enforce the provisions of applicable laws
regulating such business or activity. Samples of water from any licensed
premises may be taken and examined by the Health Officer at such time
as he deems necessary, for detection or microbiological quality, chemical
disinfection, or any other enforcement purposes. Standards and definitions
set forth in Ch. Agriculture Trade Consumer Protection 76, Wis. Adm.
Code, as they are from time to time amended, are hereby adopted by
reference and incorporated as part of this section.
(11)
Corrections of violations; citations. Whenever the Health Officer
finds that any establishment required to obtain a permit in this section
is not operating or equipped in any manner required by ordinances
or laws regulating such establishment, the Health Officer may notify,
in writing, the person operating the premises, specifying the requirements
of such ordinance or law, and requiring that such business comply
with the provisions of such ordinance or law, and specify the time
limits within which compliance shall take place. If the time limit
or any extension thereof set forth in the notification is not met,
the permit may be suspended or revoked by the Health Officer.
(12)
Emergency powers of Health Officer. Whenever the Health Officer has
reasonable or probable cause to believe that any sanitary condition,
equipment, premises or method of operation thereof creates a danger
to public health, the Health Officer may issue a temporary order prohibiting
the continued operation of the premises, or any part thereof, which
creates the immediate danger to health. The Health Officer may suspend
any permit without notice whenever the licensed premises constitutes
an immediate health hazard.
(13)
Appeals. Any person aggrieved by the denial of a permit or by suspension
or revocation of a permit required under this section by the Health
Officer or by any temporary suspension or any other order may appeal
any such order to the Greendale Board of Trustees within 30 days of
suspension, revocation or issuance of the order. The Village of Greendale
Board of Trustees shall provide the appellant a hearing or opportunity
for hearing on the matter and may either suspend or continue any such
order pending determination of the appeal. The decision of the Board
of Trustees shall be final subject to appeal rights as provided by
law.
(14)
State sanitation regulations adopted. Except as otherwise provided
herein, the provisions of Wisconsin Administrative Code Chapter ATCP
76, Chapter SPS 390, and the provisions of Wisconsin Statutes Chapter
97 as they relate to public pools and water attractions, as they are
from time to time amended, are hereby adopted by reference. All public
pools and water attractions shall comply with all applicable provisions
of these regulations.
(15)
Authority to close public swimming pools. In addition to the closing
criteria set forth in § ATCP 76.30, Wis. Adm. Code, the
Health Officer may order any public swimming pool closed if the following
conditions exist:
(a)
Bacteriological or chemical analysis of water samples exceeds
those standards listed in § ATCP 76.16, Wis. Adm. Code,
or the presence of Pseudomonas aeruginosa, or any other microbiological
pathogen capable of transmitting a communicable disease is detected;
or
(b)
Any imminent health or safety hazard is identified.
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.
