The primary responsibility for protecting public health and securing sanitary conditions in the Village shall be that of the:
A. Board of Health (see Village Code Chapter
44, Article
IV).
B. Health Officer (see Village Code Chapter
44, Article
IV).
C. Director of Public Health Services (see Village Personnel Manual).
D. Director of Public Works (see Village Code Chapter
44, Article
V).
E. Environmental Health Inspector (see Village Personnel Manual).
F. Building Inspector (see Village Code Chapter
225).
[Amended 7-5-1994 by Ord. No. 1696]
The Village Health Officer, together with the Board of Health, shall have the power to abate health hazards in accordance with § 254.59, Wis. Stats., which is hereby adopted by reference and made a part of this section as if fully set forth herein; in addition, public health hazards may be abated as otherwise provided in this Code.
[Amended 7-5-1994 by Ord. No. 1696]
Chapters
250 through 255 of the Wisconsin Statutes related to public health are hereby incorporated by reference and made a part of the Village Code as if fully set forth herein. In case of conflict between the provisions of Chs.
250 through 255, Wis. Stats., and other provisions of the Village Code, the stricter provisions shall govern.
The Environmental Health Inspector may enter a barbershop or beauty parlor during reasonable business hours for the purpose of inspecting the sanitary and hygienic condition therein existing. If he finds the same to be kept in an unsanitary or unhygienic condition, or that any barber, operator or cosmetician engaged or employed in said place is afflicted with, or in danger of imparting, a communicable or contagious disease to any customer or patron, he shall immediately notify the local Health Officer.
Every public washroom in the Village of Shorewood, including those in the public and private schools, shall be equipped with soap, paper towels and dispensers, as well as receptacles to receive the used towels, and shall be maintained in a clean, well-ventilated and sanitary manner.
[Added 2-26-2007 by Ord. No. 1924; amended 9-7-2010 by Ord. No. 1972; 8-5-2019 by Ord. No. 3003]
A.
Definitions. As used in this section, the following terms shall have the meanings indicated:
ELECTRONIC SMOKING DEVICE
(1)
Any product containing or delivering nicotine, or any other similar substance, whether natural or synthetic, intended for human consumption that can be used by a person to simulate smoking through inhalation of vapor or aerosol from the product.
(2)
Electronic smoking device includes, but is not limited to, devices manufactured, marketed, or sold as e-cigarettes, e-pipes, vape pens, mods, tank systems, or under any other product name or descriptor. The term also includes any component part of such product whether or not sold separately.
(3)
Electronic smoking device does not include any product that has been approved by the United States Food and Drug Administration (FDA) for sale as a tobacco cessation product and is being marketed and sold solely for the approved purpose.
PARKLAND
All areas of Atwater Park, inclusive of the beach, bluff and upper park, Hubbard Park, River Park, Triangle Park, the Village Nature Preserve and Humble Park, but excluding the areas of Hubbard Park that are subject to private lease.
[Added 5-18-2020 by Ord. No. 3011]
PERSON IN CHARGE
The person, or his or her agent, who ultimately controls, governs or directs the activities aboard a public conveyance or at a location where smoking is prohibited or regulated under this section.
SMOKING
(1)
Inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, including hookahs and marijuana, whether natural or synthetic, in any manner or in any form.
(2)
Smoking also includes the use of an electronic smoking device which creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking as outlined in this Code.
B.
Statutes adopted. Except as expressly altered by this section, the provisions of §§ 101.123, 134.66, and 254.92, Wis. Stats., are hereby adopted and incorporated herein.
C.
Sale of electronic smoking devices to minors. Consistent with §§ 134.66, and 254.92, Wis. Stats., no person shall sell or offer for sale any electronic smoking device or nicotine product to any person under 18 years of age.
D.
Possession of electronic smoking device by persons under the age of 18. No person under the age of 18 years of age shall possess any electronic smoking device or nicotine product.
E.
Use of electronic smoking devices on school grounds. No person shall use an electronic smoking device on school grounds or in school buildings.
F.
Prohibition against smoking. No person shall smoke in any of the following:
(1)
Any place prohibited by § 101.123, Wis Stats., which is expressly adopted and incorporated herein.
(2)
Any enclosed indoor area in any place prohibited by § 101.123, Wis Stats.
(3)
All municipal premises, including parkland.
[Amended 5-18-2020 by Ord. No. 3011]
G.
Penalty. The penalty for a violation of any provision of this section shall be as set forth in § 115-11 of the Village Code, with a forfeiture of not less than $100 or more than $250 for each violation.
The air pollution regulations of the State of Wisconsin and Milwaukee County, pursuant to Ch. 285, Wis. Stats., are incorporated by reference herein and made a part hereof.
[Added 6-17-2019 by Ord. No. 3001]
A. Definitions. As used in this section, the following terms shall have the meanings indicated:
CONVERSION THERAPY Any practices or treatments offered or rendered to consumers for a fee, including psychological counseling, that seeks to change a person's sexual orientation or gender identity, including efforts to change behaviors or gender expressions or to eliminate or reduce sexual or romantic attractions or feelings toward individuals of the same gender. This definition does not include counseling that provides assistance to a person undergoing gender transition, or counseling that provides acceptance, support, and understanding of a person or facilitates a person's coping, social support, and identity exploration and development, including sexual-orientation-neutral interventions to prevent or address unlawful conduct or unsafe sexual practices, as long as such counseling does not seek to change an individual's sexual orientation or gender identity.
PERSON Any natural person, individual, corporation, unincorporated association, proprietorship, firm, partnership, joint venture, joint stock association, or other entity or business organization.
B. Unlawful. It is unlawful for any person to practice conversion therapy with anyone under 18 years of age.
C. Referral of practice to state regulatory agency. Any person practicing conversion therapy in Shorewood as defined herein shall be referred to the State of Wisconsin Department of Safety and Professional Services, which regulates therapy services and professional counseling.
[Added 7-8-2020 by Ord. No. 3012; amended 9-8-2020 by Ord. No. 3014; 1-25-2021 by Ord. No. 3021]
A. As used in this section, the following terms shall have the meaning indicated:
ENCLOSED SPACE A confined space open to the public where individuals congregate, including but not limited to outdoor bars, outdoor restaurants, taxis, public transit, ride-sharing vehicles, and outdoor park structures.
FACE COVERING A protective mask covering the nose and mouth, including cloth face coverings or surgical masks as described by the centers for disease control and prevention.
PHYSICAL DISTANCING Maintaining at least six feet of distance from other individuals who are not members of your household or living unit.
B. Face coverings required.
(1) Every individual, age four years or older, who is present in the Village of Shorewood shall wear a face covering if both of the following apply:
(a) The individual is indoor or in an enclosed space, other than at a private residence; and
(b) Another persons who are not members of the individual's household or living unit are present in the same room or enclosed space.
(2) Face coverings are strongly recommended in all other settings, including outdoors when it is not possible to maintain physical distancing.
C. Exceptions.
(1) The following individuals are exempt from the face covering requirement in Subsection
B above:
(a) Persons under four years of age.
(b) Persons who fall into the Center for Disease Control and Prevention's guidelines for those who should not wear face coverings due to a medical condition, mental health condition, developmental disability, or are otherwise covered under the Americans with Disabilities Act.
(c) Persons who have upper-respiratory chronic conditions and silent disabilities.
(d) Persons in settings where it is not practical or feasible to wear face coverings, including when obtaining or rendering goods or services, such as the receipt of dental services or medical treatments.
(2) Individuals who are otherwise required to wear a face covering may remove the face covering in the following situations:
(a) While eating or drinking.
(b) When communicating with an individual who is deaf or hard of hearing and communication cannot be achieved through other means.
(c) Where obtaining a service that requires the temporary removal of the face covering, such as dental services.
(e) While swimming on duty as a lifeguard.
(f) While a single individual is giving a religious, political, media, educational, artistic, cultural, musical, or theatrical presentation for an audience, the single speaker may remove the face covering when actively speaking. While the face covering is removed, the speaker must remain at least six feet away from all other individuals at all times.
(g) When engaging in work where wearing a face covering would create a risk to the individual, as determined by government safety guidelines.
(h) When necessary to confirm the individual's identify, including when entering a bank, credit union, or other financial institution.
(i) When federal or state law or regulations prohibit wearing a face covering.
D. Penalty. The Village will provide appropriate social distancing education if feasible.