[HISTORY: Adopted by the Village Board of the Village of Shorewood 2-25-2008 by Ord. No. 1936. Amendments noted where applicable.]
This chapter 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 may 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.
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 chapter, the following words and phrases shall have the following meanings ascribed to them:
- COMMUNICABLE DISEASE
- 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.
- COMMUNICABLE PERIOD
- 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.
- HEALTH DEPARTMENT or DEPARTMENT
- The Village of Shorewood Health Department.
- HEALTH OFFICER
- The Village of Shorewood Health Officer.
- INVOLUNTARY DETENTION
- Placement into isolation or quarantine by enforceable order of the Local Health Officer or the Circuit 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, 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 or which 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.
- VOLUNTARY COMPLIANCE
- Behavior by an individual or group that reflects willing adherence to a request from the Local Health Officer that the individual or group follow isolation or quarantine instructions.
Communicable diseases; general. The Health Officer may 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 Village Health Officer, 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 Health Officer, Health Department and Board of Health.
Control, isolation and quarantine measures for communicable diseases other than tuberculosis. The Health Officer may 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.
Control, isolation and quarantine measures for tuberculosis. The Health Officer may 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.
Introduction. The Health Officer or his/her 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 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 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 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.
Power to isolate and quarantine. The Health Officer 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 may investigate evasion of all federal, State of Wisconsin and Village of Shorewood laws, rules and regulations concerning communicable diseases and may 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, all persons except the Health Officer, 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 may be prohibited from direct contact with the patient.
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 Village of Shorewood, the student shall not be permitted to attend any college, day-care facility 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.
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 Village 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 Village or shall mingle with any person in a public place or public conveyance in the Village until he shall have been declared free from contagion or infection by a licensed physician.
Reporting exposure of communicable disease by school official. Every principal of any college, day-care facility or school in the Village 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 of such exposure or infection immediately.
Liability for costs and expenses. 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, 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 may 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 may be charged against the business, establishment, entity or owner where the disease commenced or continued.
When the Health Officer deems it necessary that a person be quarantined or otherwise restricted in a separate place, the Health Officer may 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.
Removal. 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 deems dangerous to the health of other residents or the public, the officer may, 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 may 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 may 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 Local Health Officer to the committing court officer.
Release from isolation or quarantine. The Local Health Officer will determine when to release an individual from isolation or quarantine based on the following:
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
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.
Infected animal. In the event of the suspicion or existence of any communicable disease in an animal or bird within the Village of Shorewood, the Health Officer or his or her designee may 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.
Cooperation of owner.
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 or his or her designee and provide whatever information is necessary, including veterinarian records. The owner shall cooperate with the Health Officer or his or her designee and provide whatever information may be necessary for the Health Officer or his or her designee to fulfill those responsibilities, including allowing the Health Officer 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.
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 Village 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.
Service of notice. A quarantine order under this section shall be served upon a person having custody or control of the quarantined animal or shall be posted on the premises affected by the quarantine order. A quarantine order may be served by any of the following methods:
Contents of order. A quarantine order issued under this section shall contain the following information:
The name and address of a person having custody or control of the quarantined animal(s), if known.
A description of the animal(s) affected by the quarantine.
A description of the premises affected by the quarantine.
The reason or justification for the quarantine.
The duration of the order and all terms and conditions applicable to the order.
Notice that a person adversely affected by the order may request a hearing under this section.
Proof of service. Service of a quarantine order may be proved by affidavit or by certified mail, return receipt.
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, food and other articles needed for the care of the infected animal, costs and expenses of maintaining a quarantine and enforcing isolation of quarantine areas shall be charged against the owner of the animal.
Employment of persons who handle food products.
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.
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.
If required by the Health Officer 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 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.
Employment of persons in hospitals, nursing homes, day-care centers and health care facilities.
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, in occupations requiring close personal contact with others.
No person in a facility mentioned in Subsection B(1) who has or is reasonably suspected of having a gastrointestinal or other communicable disease in the communicable form as specified by the Health Officer 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.
For any person who 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 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 may 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 quarantine persons exceeds the number of sworn officers, the health officer may utilize other persons and administer the Oath of Honor as follows:
In the event of the suspicion or existence of any communicable disease in any residence, household, establishment, school, gathering or business located within the Village, and until the possibility or risk of contamination subsides to the satisfaction of the Health Officer, the Health Officer or his or her designee may 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 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 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 or his/her designee or by certified mail.
Temporary control of facilities. When the Health Officer declares an outbreak of epidemic, the Health Officer may take possession of, and occupy as temporary hospitals or isolation sites, any building in the Village.
Contagious diseases report. It shall be the duty of every physician residing or practicing within the limits of this Village to make a report to the Health Officer 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 Village limits; and any physician who neglects or refuses to make report as herein required within 24 hours of the time when he or she first visits and ascertains the character of any case or disease such as is herein mentioned shall be subject to the general penalty provisions of the Code.
Voluntary confinement. Prior to instituting mandatory isolation or quarantine pursuant to this chapter, the Health Officer may request that an individual or group of individuals voluntarily confine themselves to a private home or other facility.
Reasonable efforts to obtain voluntary compliance. The Health Officer will 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.
Contagious diseases; burial of infected deceased persons. 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 Village, 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 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 the general penalty provisions of the Code.
Violations. Any person who willfully violates or obstructs the execution of any term or provision of this chapter or any statute, code or rule, County or Village ordinance or Departmental order under this chapter, 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 be subject to all other legal and equitable actions and relief available to the Village of Shorewood and penalties prescribed herein.
Enforcement and penalties.
Any person who knowingly violates the provisions of this chapter shall be subject to the general penalty provisions of the Village Code, § 1-115.
Upon such violations as contained within this chapter or where intent to violate the provisions of this chapter is manifested, the Health Officer or his or her designee may take whatever steps necessary to ensure enforcement of Departmental rules and local and state laws for the prevention and control of communicable diseases.
Any person aggrieved by an order of the Health Officer may appeal, in writing, within ten 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.