[HISTORY: Adopted by the Mayor and Common Council of the
City of Reedsburg as Secs. 11.01 to 11.07, 11.15, 11.17 and 11.20
of the former Municipal Codebook; amended in its entirety 7-23-2018 by Ord. No. 1878-18. Subsequent amendments noted where applicable.]
The Sauk County Health Committee and/or the Sauk County Health
Officer shall have the same powers and authority that a City Health
Officer and/or City Board of Health would have within the City. (In
this Code, references to "Health Officer" shall mean the Sauk County
Health Officer.)
A.
General duties. The Health Officer under the supervision of the Board
of Health shall:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(1)
Maintain continuous sanitary supervision over his/her territory.
(2)
Promote the spread of information as to the causes, nature and prevention
of prevalent diseases and the preservation and improvement of health.
(3)
Enforce the health laws, rules and regulations of the Wisconsin Department
of Health Services, the state and City, including the laws relating
to contagious diseases contained in Chs. 250 and 251, Wis. Stats.
(4)
Take steps necessary to secure prompt and full reports by physicians
of communicable diseases and prompt and full registration of births
and deaths.
(5)
Keep and deliver to his/her successor a record of all his official
acts.
(6)
Make an annual report to the Wisconsin Department of Health Services
and to the Common Council and such other report as they may requested.
B.
Materials and supplies. The Health Officer shall have authority to
procure (upon approved City budget), at the expense of the City, all
record books, quarantine cards and other materials needed by the Board
of Health, except such as are furnished by the Wisconsin Department
of Health Services.
The Board of Health may make reasonable and general rules for the enforcement of the provisions of this chapter and for the prevention of the creation of health nuisances and the protection of the public health and welfare, and may, where appropriate, require the issuance of licenses and permits. All such regulations, when approved by the Common Council, shall have the same effect as ordinances, and any person violating any of such regulations and any lawful order of the Board shall be subject to a penalty as provided in Chapter 1, General Provisions, § 1-3, of this Code of the City of Reedsburg.
The Health Officer together with the Board of Health may abate
health nuisances in accordance with §§ 250 and 251,
Wis. Stats., which are adopted by reference and made a part of this
chapter as if fully set forth herein.
Chapter 252, Wis. Stats., and Ch. DHS 145, Wis. Adm. Code, are
adopted by reference and made a part of this chapter and the Health
Officer shall enforce the provisions thereof.
A.
Upon receiving the consent and approval of the Wisconsin Department
of Health Services and until further direction of the Common Council,
the Board of Health shall proceed with the introduction of approximately
0.7 to 0.75 of fluoride to every million parts of water being distributed
in the water supply system of the City, and the Board may from time
to time, upon approval by the Wisconsin Department of Health Services,
change the proportions thereof.
B.
Insofar as the facilities, equipment, place and employees subject
to the jurisdiction of the Public Service Commission may be needed
and used in connection with this public health program, they shall
be so used in the project as facilities and agents of and for the
City, and the cost thereof shall be paid out of the general fund of
the City.
(1)
The Health Officer shall make periodic reports to the Common Council
as to the status of such service and conduct surveys and research
as to the beneficial effect of this program and project on the citizens
of this community.
A.
Notice to connect. Whenever sewer and water become available to any
building used for human habitation, the Building Inspector shall notify,
in writing, the owner thereof to connect all facilities. If such person
to whom the notice has been given shall fail to comply for more than
10 days after the notice, the Building Inspector shall cause the necessary
connections to be made and the expense thereof shall be assessed as
a special tax against the property pursuant to § 66.0701,
Wis. Stats.
B.
Abatement of privies and cesspools. After connection to a water main
and public sewer, no privy, privy vault or cesspool shall be constructed
or maintained upon such lot or parcel and shall be abated upon 10
days' written notice for such abatement by the Building Inspector.
If not so abated, the Building Inspector shall cause the same to be
done and the cost thereof assessed as a special tax against the property.
C.
The City of Reedsburg Utility Commission may extend the time for
connection hereunder or may grant other temporary relief where strict
enforcement would work an unnecessary hardship without corresponding
public or private benefit.
[Amended 6-28-2010; 11-11-2019 by Ord. No. 1897-19]
A.
Purpose. The Common Council of the City recognizes that smoking of
cigarettes and tobacco products is hazardous to an individual's
health and may affect the health of nonsmokers/smokers when they are
involuntarily in the presence of smoking. Reliable scientific studies
assessed by credible health officials have found that secondhand tobacco
smoke is a significant health hazard for children, elderly people,
and individuals with cardiovascular disease or impaired respiratory
function. Air pollution caused by smoking is an offensive annoyance
and irritant. Smoking results in serious and significant physical
discomfort to nonsmokers. This section is adopted pursuant to the
authority provided in Wis. Stats. § 101.123(4m) for the
purpose of protecting the public health, safety, comfort and general
welfare of the people of the City, especially recognizing the health
interests of nonsmokers, who constitute a majority of the population.
B.
Wis. Stats. § 101.123, (2017-18 Wisconsin Statutes updated
through 2019 Wis. Act 18) to the extent that it requires any act to
be performed or prohibited, is hereby adopted, and incorporated by
reference as if fully set forth herein, as a part of this section.
C.
CHILD-CARE CENTER
ELECTRONIC SMOKING DEVICE
EMPLOYMENT
ENCLOSED PLACE
PERSON IN CHARGE
PLACE OF EMPLOYMENT
PRIVATE CLUB
PUBLIC PLACE
RESTAURANT
RETAIL ESTABLISHMENT
SMOKING
Definitions. The definitions set forth in Wis. Stats. § 101.123(1)
are hereby adopted and incorporated by reference as if fully set forth
herein, provided that the term "Enclosed place" defined in Wis. Stats.
§ 101.123(1)(ak), shall be deemed to include any enclosed
indoor area as defined in this subsection. The following words, terms
and phrases, when used in this section, shall have the meanings ascribed
to them in this subsection, except where the context clearly indicates
a different meaning:
A facility operated by a child-care provider that provides
care and supervision for four or more children under seven years of
age for less than 24 hours a day.
Any product containing or delivering nicotine, or any other
substance, whether natural or synthetic, intended for human consumption
through the inhalation of aerosol or vapor from the product. The term
electronic smoking device includes, but is not limited to, devices
manufactured, marketed, or sold as e-cigarettes, e-cigars, e-pipes,
vape pens, mods, tank systems, or under any other product name or
descriptor. The term electronic smoking device includes any component
part of a product, whether or not marketed or sold separately.
Any trade, occupation, or process of manufacture or any method
of carrying on such trade, occupation or process of manufacture in
which any person may be engaged.
All space between a floor and a ceiling that is bounded by
walls, doors, or windows, whether open or closed, covering more than
50% of the combined surface area of the vertical planes constituting
the perimeter of the area. A wall includes any retractable divider,
garage door, or other physical barrier, whether temporary or permanent.
A 0.011 gauge screen with an 18 by 16 mesh count is not a wall.
The person, or his or her agent who ultimately controls,
governs or directs the activities aboard a public conveyance or within
or at a place where smoking is regulated under this section, regardless
of the person's status as owner or lessee.
Any enclosed indoor area that employees normally frequent
during the course of employment, including an office, work area, elevator,
employee lounge, restroom, conference room, meeting room, classroom,
hallway, stairway, lobby, common area, vehicle or employee cafeteria.
A facility used by an organization that limits its membership
and is organized for a recreational, fraternal, social, patriotic,
political, benevolent, or athletic purpose.
Any enclosed indoor place that is open to the public, regardless
of whether a fee is charged, or a place to which the public has lawful
access or may be invited.
Has the meaning given in § 97.01(14g).
Any store or shop in which retail sales is the principal
business conducted.
Burning or holding, or inhaling or exhaling, or carrying
any lighted or heated cigar, cigarette, pipe, hookah, or any other
lighted or heated tobacco or plant product intended for inhalation,
including marijuana, whether natural or synthetic, in any manner or
in any form. Smoking includes the use of an electronic smoking device.
D.
Prohibition against smoking. Except as otherwise provided, it shall
be unlawful for any person to engage in smoking in a sports arena,
bus shelter, public conveyance or any of the following enclosed places:
(1)
Residence halls or dormitories owned or operated by a college or
university.
(2)
Child-care centers, including outdoor areas on the premises when
children are present.
(3)
Educational facilities, outdoor spaces, or grounds.
(4)
Inpatient health care facilities.
(5)
Theaters.
(6)
Restaurants.
(7)
Taverns.
(8)
Private clubs.
(9)
Retail establishments.
(10)
Common areas of multiple-unit residential properties.
(11)
Lodging establishments.
(12)
State, county, City, village or town buildings.
(13)
Areas in city parks as posted and so designated by the board
of park commissioners, including, but not limited to, the athletic
field/bleachers and dugouts, playground and swing set areas, and park
restrooms.
(14)
City-owned or leased motor vehicles and equipment.
(15)
Public forms of transportation, including, but not limited to,
motor buses, taxis, or other public passenger vehicles.
(16)
All enclosed places, in addition to those listed above, that
are places of employment, or that are public places.
E.
Exceptions. The prohibition against smoking does not apply in the
following places:
(1)
All outdoor places not identified in Wis. Stats. § 101.123(2)(d).
(2)
A private residence.
(3)
A room used by only one person in an assisted living facility as
his residence.
(4)
A room in an assisted living facility in which two or more persons
reside if every person who lives in the room smokes and has made a
written request to the person in charge of the facility to be placed
in a room in which smoking is allowed.
(5)
Designated outside areas located on the premises of a restaurant,
tavern, private club, or retail establishment.
F.
Responsibility of persons in charge.
(1)
No person in charge may allow any person to smoke in violation of
this section at a location that is under the control or direction
of the person in charge.
(2)
No person in charge may provide matches, ashtrays, or other equipment
for smoking at any location where smoking is prohibited.
(3)
A person in charge shall make reasonable efforts to prohibit persons
from smoking at a location where smoking is prohibited by doing all
of the following:
(a)
Posting signs setting forth the prohibition and providing other
appropriate notification and information concerning the prohibition.
(b)
Refusing to serve a person, if the person is smoking in a restaurant
or tavern.
(c)
Asking a person who is smoking to refrain from smoking and,
if the person refuses to do so, asking the person to leave the location.
(d)
If a person refuses to leave the location after being requested
to do so, the person in charge shall immediately notify an appropriate
law enforcement agency of the violation.
(4)
A person in charge of a restaurant, tavern, private club, or retail
establishment may designate an outside area located a reasonable distance
from any entrance where smoking is permitted.
G.
Uniform signs. All properties and establishments regulated by this
section are required to post no smoking signs in accordance with the
rules and regulations of the Department of Safety and Professional
Services to notify all persons of this section.
H.
Inspection and enforcement. The county health department, the county
sheriff's department, the City police department, the City Zoning
Administrator or designee agency shall have the power to enter any
premises within its jurisdiction that are subject to the smoking ban
to ascertain whether the premises are in compliance with this section
and to take appropriate enforcement action pursuant to this section
or Wis. Stats. § 101.123, including, in the case of the
sheriff or any law enforcement agency, issuing citations for any violation.
I.
Penalties.
(1)
Forfeiture. Any person, agent, firm or corporation violating Subsection D of this section shall, upon conviction, forfeit an amount established by the City.
J.
Clean indoor air; intent and construction. The City finds that it
is in the interest of the health, safety and welfare of the community
to adopt by reference Wis. Stats. § 101.123. It is the intent
of the Common Council of the City that where there may be a conflict
between Wis. Stats. § 101.123 and this section that the
most restrictive section shall apply.
K.
Nuisance, injunction. The repeated violation of this section is hereby
declared to be a public nuisance. In addition to any other relief
provided under this section, the City may apply to a court of competent
jurisdiction for an injunction to prohibit the continuation of any
violation of this section. Such application for relief may include
seeking a temporary restraining order, temporary injunction.
L.
It shall be unlawful to use any tobacco products as defined by Wis.
Stat. 139.75(12) on and/or within 20 feet of premises owned by the
Reedsburg School District within the City of Reedsburg. Any person,
agent, firm or corporation violating this section shall, upon conviction,
forfeit an amount established by the City.
[Amended 9-24-2007]
For a violation of a section of this chapter, the forfeiture
shall be not less than $5 nor more than $500 upon conviction for each
offense, together with the costs of prosecution.
