[Added 5-7-2013 by Ord. No. 1344]
This article is enacted to protect the public health by requiring
reporting of certain communicable diseases, allowing appropriate epidemiological
control and actions, such as isolation or quarantine, to be taken
to control the spread of disease; to limit the employment in high-risk
occupations both for profit and by volunteers of persons with certain
diseases during the time those persons may spread their disease to
others through their employment; and to protect the public health
by limiting attendance at school, nursery school or day care by persons
with certain communicable diseases or conditions until the diseases
or conditions are no longer communicable or are rectified.
As used in this article, the following words and phrases shall
have the following meanings ascribed to them in this section:
An illness due to a specific infectious agent or its toxic
products that arises through transmission of that agent or its products
from an infected person, animal or inanimate reservoir to a susceptible
host, either directly or indirectly through an intermediate plant
or animal host, vector or the inanimate environment.
The time during which an infectious agent may be transferred
directly or indirectly from an infected person to another person,
from an infected animal to humans or from an infected person to animals.
A person or animal that has been in such association with
an infected person or animal or inanimate object or a contaminated
environment as to have had an opportunity to acquire infection.
The elimination of an infectious agent on a body surface
in clothing, bedding, toys, surgical instruments or dressings, or
other inanimate articles or substances, including water and food,
by means of a chemical that is capable of destroying disease-causing
organisms on inanimate objects, with the exception of bacterial spores.
The City of St. Francis Health Department.
The City of St. Francis Health Officer/Public Health Administrator.
Placement into isolation or quarantine by enforceable order
of the Health Officer/Public Health Administrator or the Superior
Court.
As applied to patients, isolation represents separation for
the period of communicability of infected persons or animals from
others in such places and under such conditions as to prevent or limit
the direct or indirect transmission of the infectious agent from those
infected to those who are susceptible to infection or who may spread
it to others.
A person who has legal title to a structure, building or
dwelling or personal property or a person who has charge, care or
control of a dwelling or unit of a dwelling as a tenant or occupant
or as an agent of or executor, administrator, trustee, or guardian
of the estate of a person under this definition.
Any individual, business, corporation, firm, institution,
public body or society or any other entity.
Real or personal property.
The restriction of activities of infected or well persons
or animals who have been exposed to a case of communicable disease
during its period of communicability to prevent disease transmission
during the incubation period if infection should occur.
Any person, regardless of age, who is enrolled in a day-care
facility, preschool, kindergarten, elementary, middle or high school
or college or university.
Behavior by an individual or group that reflects willing
adherence to a request from the Health Officer/Public Health Administrator
that the individual or group follow isolation or quarantine instructions.
The City Health Officer/Public Health Administrator shall perform
all duties prescribed to him or her by the State of Wisconsin and
the State Department of Health and Family Services regarding contagious
diseases, particularly, but not limited to, Ch. 252, Wis. Stats.,
and Ch. HFS 145, Wis. Adm. Code, and "local health officer" as used
within the Wisconsin Statutes and Wisconsin Administrative Code shall
mean the City Health Officer/Public Health Administrator, all such
statutes and code provisions pertaining to contagious diseases being
specifically incorporated herein by reference, as amended from time
to time, and as such constituting local direction and authority for
the City Health Officer/Public Health Administrator, Health Department
and Board of Health.
A.
Control, isolation and quarantine measures for communicable diseases
other than tuberculosis. The City Health Officer/Public Health Administrator
shall undertake such measures for the control of communicable diseases,
other than tuberculosis, but also including those diseases as are
specifically set forth in Appendix A to Ch. HFS 145, Wis. Adm. Code,
as set forth under § 252.06. Wis. Stats., and § HFS
145.06, Wis. Adm. Code, specifically but not limited to measures to
direct a person known to have or suspected of having a contagious
disease to participate in such programs, tests, evaluations, conduct
cessation, isolated or segregated residence, placement and the like
as set forth under § HFS 145.06(4), Wis. Adm. Code, and
in the absence of compliance with such directive to petition a court
of record to order compliance with such directive as set forth under
§ HFS 145.06(5), Wis. Adm. Code.
B.
Control, isolation and quarantine measures for tuberculosis. The
City Health Officer/Public Health Administrator shall undertake such
measures for the control of tuberculosis as set forth under § 252.07,
Wis. Stats., and § HFS 145.10(6)(d), (e) and (f), Wis. Adm.
Code, and petition the court for an extension of such confinement
as necessary and pursuant to those conditions set forth under § 252.07(9)(a),
Wis. Stats., and § HFS 145.10(7), Wis. Adm. Code.
A.
Introduction. The Health Officer/Public Health Administrator or designee
may order the isolation or quarantine of individuals as a protective
action to limit the spread of infectious agents or contaminants to
others. When possible, the Health Officer/Public Health Administrator
will seek the cooperation and voluntary compliance of infected or
exposed individuals in abiding by isolation or quarantine instructions.
However, under specific circumstances, the Health Officer/Public Health
Administrator may, with support from local law enforcement, immediately
detain infected or exposed individuals and place them in isolation
or quarantine. In all cases where isolation or quarantine is considered,
the Health Officer/Public Health Administrator will address the basic
needs of individuals placed in isolation or quarantine, including
but not limited to food, clothing, shelter, medical care, and communication
with family members, legal counsel and others, if needed.
B.
Power to isolate and quarantine. The Health Officer/Public Health
Administrator may require isolation of a patient, quarantine of the
patient's contacts, concurrent and terminal disinfection, or modified
forms of these procedures as may be necessary. The Health Officer/Public
Health Administrator shall investigate evasion of all federal, State
of Wisconsin and City of St. Francis laws, rules and regulations concerning
communicable diseases and shall act to protect the public, including
the issuance of necessary orders to cause compliance with such laws
and rules. If it is deemed necessary by the Health Officer/Public
Health Administrator, all persons except the Health Officer/Public
Health Administrator, attending physicians and nurses, members of
the clergy, and members of the immediate family or any other person
having a special written permit from the Health Officer/Public Health
Administrator may be prohibited from direct contact with the patient.
A.
Infected student.
(1)
In the event of the suspicion or existence of any communicable disease
in a student of a college, day-care facility or school located within
the City of St. Francis, the student shall not be permitted to attend
any college, day-care faculty or school without written permission
from his or her health care provider, and no teacher, principal or
school nurse in any college, day-care facility or school shall allow
any student affected by a communicable disease to attend said college,
day-care facility or school except by the written permission of the
student's health care provider.
(2)
No parent or guardian or person having the care, custody or control
of any minor and knowing him/her to have a communicable disease shall
permit such minor to attend any college, day-care facility or school
in the City or to mingle with any person in a public place or public
conveyance until such minor shall be declared free from contagion
by a licensed physician. No adult person knowing himself to be afflicted
with or to have been reported as having any communicable disease shall
attend any college, day-care facility or school in the City or shall
mingle with any person in a public place or public conveyance in the
City until he shall have been declared free from contagion or infection
by a licensed physician.
B.
Reporting exposure of communicable disease by school official. Every
principal of any college, day-care facility or school in the City
who has reasonable cause to suspect that a teacher or pupil attending
such school has been exposed to any communicable disease or is infected
with any communicable disease shall have the duty to inform the Health
Officer/Public Health Administrator of such exposure or infection
immediately.
Any person who willfully violates or obstructs the execution of any term or provision of this article or any state statute, code or rule, county or City ordinance or departmental order under this article, Ch. 252, Wis. Stats, and/or Ch. HFS 145, Wis. Adm. Code, relating to the public health, for which no other penalty is prescribed, shall, in addition to being subject to all other legal and equitable actions and relief available to the City of St. Francis, be subject to the penalty provisions set forth under § 1-4 of this Code.
Expenses for diagnostic and necessary medical care, the expense
of conducting examinations and investigative measures and tests for
disease carriers made under the direction or approval of the Health
Officer/Public Health Administrator, food and other articles needed
for the care of the infected person or contact shall be charged against
the infected person or contact or whoever is liable for the person's
support as a special assessment. The infected person or contact shall
be liable for the costs and expenses of maintaining quarantine and
enforcing isolation of the quarantined area and the expense of transportation
of the infected or contact persons. Expenses for diagnostic and investigative
measures performed in the course of an epidemiological investigation
shall be charged against the business, establishment, entity or owner
where the disease commenced or continued or was suspected to have
commenced or continued.
A.
When the Health Officer/Public Health Administrator deems it necessary
that a person be quarantined or otherwise restricted in a separate
place, the Health Officer/Public Health Administrator shall remove
or cause the removal of the person, if it can be done without danger
to the person's health, to a suitable location of isolation.
B.
When a person confined in a jail, prison, mental health institute,
hospital or other public place of detention has a disease which the
Health Officer/Public Health Administrator deems dangerous to the
health of other residents or the public, the officer shall in writing
order the removal or isolation of the person to a hospital or place
of safety. When conveyance to a place of isolation is necessary, transportation
shall be by private conveyance or other designated vehicles. Proper
precautions will be exercised to prevent needless exposure to all
persons in contact with the person during transit. Upon recovery,
the person shall be returned; and if the person was committed by a
court or under process, the removal order or a copy shall be returned
by the Health Officer/Public Health Administrator to the committing
court officer.
Any person aggrieved by an order of the Health Officer/Public
Health Administrator may appeal in writing, within 10 days of issuance
of the notice and order, addressed to the Board of Health, which shall
schedule a hearing no more than 30 days from receipt of the appeal.
The decision of the Board of Health shall be delivered to the appellant
no more than 20 days following the date of hearing. Appeal of the
Board of Health decision may be made to the Milwaukee County Circuit
Court in accordance with state statute. The filing of the appeal does
not stay a quarantine or other order from the Health Department.[1]
The Health Officer/Public Health Administrator will determine
to release an individual from isolation or quarantine based on the
following:
A.
The individual is no longer suspected to be infected with, exposed
to, or contaminated with a communicable disease or chemical, biological,
or radiological agent; or
B.
The individual is no longer deemed to pose a serious and imminent
risk to the health and safety of others if released from isolation
or quarantine.
A.
Infected animal. In the event of the suspicion or existence of any
communicable disease in an animal or bird within the City of St, Francis,
the Health Officer/Public Health Administrator or his or her designee
shall take whatever communicable disease measures are necessary to
investigate and to control and prevent the spread of the disease to
members of the public until such time as the risk of contamination
has subsided.
B.
Cooperation of owner.
(1)
The Health Department is required to perform an epidemiological investigation
and report threatened, suspected or diagnosed diseases to state and
federal agencies and therefore requires certain medical and veterinarian
and other information from the owners of the animal or animals suspected
of having a communicable disease. The owner of the animal infected
or suspected to be infected shall cooperate with the Health Officer/Public
Health Administrator or his or her designee and provide whatever information
is necessary, including veterinarian records. The owner shall cooperate
with the Health Officer/Public Health Administrator or his or her
designee and provide whatever information may be necessary for the
Health Officer/Public Health Administrator or his or designee to fulfill
those responsibilities, including allowing the Health Officer/Public
Health Administrator or his or her designee access to property to
test, take samples and perform whatever other investigative measures
may be necessary, including preventing access by members of the public
to property of the owner until such order is lifted by the Health
Officer/Public Health Administrator.
(2)
The Health Department may summarily issue quarantine orders to prevent,
suppress, control or eradicate communicable or transmittable diseases
which may affect domestic or exotic animals or birds in the City or
to prevent animals or birds from being moved or commingled pending
further testing, diagnosis or investigation related to a suspected
disease. No person may move any animal or bird in violation of a quarantine
order or fail to comply with the terms and conditions of a quarantine
order or other Health Department order.
C.
Service of notice. A quarantine order under this section shall be
served upon a person having custody or control of the quarantined
animals or shall be posted on the premises affected by the quarantine
order. A quarantine order may be served by any of the following methods:
D.
Contents of order. A quarantine order issued under this section shall
contain the following information:
(1)
The name and address of a person having custody or control of the
quarantined animals, if known.
(2)
A description of the animals affected by the quarantine.
(3)
A description of the premises affected by the quarantine.
(4)
The reason or justification for the quarantine.
(5)
The duration of the order and all terms and conditions applicable
to the order.
(6)
Notice that a person adversely affected by the order may request
a hearing under this section.
E.
Proof of service. Service of a quarantine order may be proved by
affidavit or by certified mail return receipt.
F.
Liability for expenses. Expenses for diagnostic and necessary veterinarian
care, the expense of conducting examinations and investigative measures
and tests for disease carriers made under the direction or approval
of the Health Officer/Public Health Administrator, food and other
articles needed for the care of the infected animal and costs and
expenses of maintaining a quarantine and enforcing isolation of quarantine
areas shall be charged against the owner of the animal.
G.
Penalties. Any person who knowingly violates the provisions of this section shall be subject to § 1-4 of the City Code, and upon such violation or where intent to violate the provisions of this section is manifested, the Health Officer/Public Health Administrator or his or her designee shall take whatever steps are necessary to ensure enforcement of departmental rules and local and state laws for the prevention and control of communicable diseases.
H.
Appeal. Any person aggrieved by an order of the Health Officer/Public
Health Administrator may appeal in writing, within 10 days of issuance
of the notice and order, addressed to the Board of Health, which shall
schedule a hearing no more than 30 days from receipt of the appeal.
The decision of the Board of Health shall be delivered to the appellant
no more than 20 days following the date of hearing. Appeal of the
Board of Health decision may be made to the Milwaukee County Circuit
Court in accordance with state statute. The filing of the appeal does
not stay a quarantine or other order from the Health Department.[2]
A.
Employment of persons who handle food products.
(1)
No person in charge of any public eating place or other establishment
where food products are consumed or handled may knowingly employ any
person to handle food products who has a disease in a form that is
communicable by food handling.
(2)
No person knowingly infected or who is reasonably suspected of being
infected with a disease in a form that is communicable by food handling
may be employed or work as a food handler in a public eating place
or other establishment where food products to be consumed by others
are handled or produced.
(3)
If required by the Health Officer/Public Health Administrator for
the purposes of an investigation, any person who is employed in the
handling of foods who is suspected of having a disease in a form that
is communicable by food handling shall submit to an examination ordered
by the Health Officer/Public Health Administrator and may not work
in such capacity until proved not to have such disease. The expense
of the examination shall be paid by the person examined.
B.
Employment of persons in hospitals, nursing homes, day-care centers
and health care facilities.
(1)
No person who is in charge of a hospital, nursing home, day-care
center or other facility requiring close personal contact may knowingly
employ volunteers or employees with gastrointestinal or other communicable
diseases in the infectious stage as specified by the Health Officer/Public
Health Administrator in occupations requiring close personal contact
with others.
(2)
No person in a facility mentioned in Subsection B(l) who has or is
reasonably suspected of having a gastrointestinal or other communicable
disease in the communicable form as specified by the Health Officer/Public
Health Administrator may be employed in a paid or volunteer basis
in occupations requiring close personal contact until ascertained
noncommunicable by appropriate laboratory tests as specified by the
Health Officer/Public Health Administrator.
(3)
When any person is employed in an occupation requiring close personal
contact with others that are suspected of having a disease that is
communicable by close personal contact and the person cared for expires,
the Health Officer/Public Health Administrator may mandate the caregiver
to submit to an examination and cease practice until proven not to
have such disease. The expense of the examination shall be paid by
the person examined.
The Health Officer/Public Health Administrator shall employ
as many persons as necessary to execute quarantine orders and properly
guard any place that serves as isolation, quarantine or any other
restriction concerning communicable disease or other conditions that
are deemed hazardous to the public's health. Police officers may serve
as quarantine officers. If police staff is unavailable, auxiliary
police may be utilized. If the number of quarantined persons exceeds
the number of sworn officers, the Health Officer/Public Health Administrator
may utilize other persons and administer the Oath of Honor as follows:
"On my honor I will never betray my duty, my integrity, my character,
or the public trust. I will always have the courage to hold myself
and others accountable for our actions. I will always uphold the laws,
the community and the agency I serve."
In the event of the suspicion or existence of any communicable
disease in any residence, household, establishment, school, gathering
or business located within the City, and until the possibility or
risk of contamination subsides to the satisfaction of the Health Officer/Public
Health Administrator, the Health Officer/Public Health Administrator
or his or her designee shall investigate the residence, household,
establishment, school, gathering or business and may issue an order
isolating the occupants, forbidding gatherings and closing businesses
and establishments and placarding the building and taking whatever
other measures are necessary to control and prevent the spread of
the disease to members of the public until such time as the risk of
contamination has subsided.
The Health Officer/Public Health Administrator may take possession
of property for investigation and if necessary may destroy or dispose
of property if it is infected by a communicable disease. Such orders
will be in writing and served upon the person or place by the Health
Officer/Public Health Administrator or his/her designee or by certified
mail.
When the Health Officer/Public Health Administrator declares
an outbreak of epidemic, the Health Officer/Public Health Administrator
may take possession of and occupy as temporary hospitals or isolation
sites any building in the City.
It shall be the duty of every physician residing or practicing within the limits of this City to make report to the Health Officer/Public Health Administrator of any case of smallpox, diphtheria, scarlet fever, typhoid fever, Asiatic cholera, or other dangerous or contagious disease that he/she may be called upon to attend professionally within the City limits, and any physician who neglects or refuses to make report as herein required, within 24 hours of the time when he/she first visits and ascertains the character of any case or disease, such as is herein mentioned, shall be subject to § 1-4 of this Code.
A.
Voluntary confinement. Prior to instituting mandatory isolation or
quarantine pursuant to this article, the Health Officer/Public Health
Administrator may request that an individual or group of individuals
voluntarily confine themselves to a private home or other facility.
B.
Reasonable efforts to obtain voluntary compliance. The Health Officer/Public
Health Administrator must make reasonable efforts to obtain voluntary
compliance with requests for isolation or quarantine unless he or
she determines that seeking voluntary compliance would create a risk
of serious harm.
No one having charge or control of any school or church, or of any room or building used for school or church purposes or for any public assembly in this City, shall permit the body of any person dead from smallpox, diphtheria, scarlet fever, Asiatic cholera, or other dangerous contagious diseases to be taken into such building or room for the purpose of holding funeral services over such body, and no sexton, undertaker or other person having charge or direction of the burial of any body dead from any of these diseases herein mentioned shall permit the casket or coffin containing such body to be opened. The Health Officer/Public Health Administrator shall have power to prevent the attendance at the funeral or burial of any person that died from a dangerous contagious diseases of all persons other than those necessary for the interment of such body, and any person who violates any of the provisions of this section shall be subject to § 1-4 of this Code.
