[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:
A.
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.
B.
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.
C.
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:
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 Village of Shorewood Health Department.
The Village of Shorewood Health Officer.
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.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
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 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.
(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 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.
B.
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.
A.
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.
B.
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.
C.
Release from isolation or quarantine. The Local Health
Officer will determine when to release an individual from isolation
or quarantine based on the following:
(1)
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
(2)
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 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.
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 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.
(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 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.
C.
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:
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 animal(s), if known.
(2)
A description of the animal(s) 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, 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.
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 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.
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, in occupations requiring close personal contact
with others.
(2)
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.
(3)
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:
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"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 of the community and the agency I serve."
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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.
A.
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.
B.
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.
C.
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.[1]
A.
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.
B.
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.
A.
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.[1]
A.
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.
B.
Enforcement and penalties.
(1)
Any person who knowingly violates the provisions of
this chapter shall be subject to the general penalty provisions of
the Village Code, § 1-115.
(2)
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.
