CHAPTER 11
PUBLIC HEALTH
11.01Health Officer
11.02Rules and Regulations
11.03Health Nuisances; Abatement of
11.04Compulsory Connection to Sewer and Water
11.05Keeping of Livestock and Pets
11.055Feeding of Wild Waterfowl
11.06Deposit of Deleterious Substances Prohibited
11.07Placement of Refuse for Collection
11.08Clean Indoor Air
11.09Water Pollution Control
11.10Cleanup of Spilled or Accidentally Discharged Wastes
11.11Storage of Polluting Substances
11.12Recycling
11.15Enforcement

11.01 HEALTH OFFICER.

(1) GENERAL DUTIES. The Health Officer under the supervision of the District State Health Officer shall:

(a) Make an annual sanitary survey and maintain continuous sanitary supervision over his territory.

(b) Make a periodic sanitary inspection of all school buildings, restaurants, dairies, grocery stores and meat markets, and places of public assemblage and report thereon to those responsible for the maintenance thereof.

(c) Promote the spread of information as to the cause, nature and prevention of prevalent diseases and the preservation and improvement of health.

(d) Enforce the health laws, rules and regulations of the State and the Village, including the laws relating to contagious diseases contained in Ch. 143, Wis. Stats., and Ch. H45, Wis. Adm. Code.

(e) Take steps necessary to secure prompt and full reports by physicians of communicable diseases and prompt and full registration of births and deaths.

(f) Keep and deliver to his successor a record of all his official acts.

(g) Make an annual report to the State Board of Health and to the Village Board and such other report as they may request.

(2) MATERIALS AND SUPPLIES. The Health Officer shall have the authority to procure at the expense of the Village all record books, quarantine cards and other materials needed by the Board of Health, except such as are furnished by the State.

(3) STATE LAW REFERENCE. See §141.015 and Ch. 143, Wis. Stats.

11.02 RULES AND REGULATIONS.

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 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 the general penalty provided for in this Code.

11.03 HEALTH NUISANCES; ABATEMENT OF.

(1) DEFINED. A health nuisance is any source of filth or cause of sickness.

(2) DUTY TO ABATE. The Health Officer and the Board of Health shall abate health nuisances pursuant to §146.14, Wis. Stats., which is adopted by reference and made a part of this section.

11.04 COMPULSORY CONNECTION TO SEWER AND WATER.

(1) NOTICE TO CONNECT. Wherever sewer and water becomes available to any building used for human habitation, the Health Officer or his designee shall notify in writing the owner, agent or occupant thereof to connect all facilities required by the Health Officer. If such person to whom the notice has been given shall fail to comply for more than 10 days after the notice, the Health Officer shall cause the necessary connections to be made and the expense thereof shall be assessed as a special tax against the property.

(2) 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 Health Officer. If not so abated, the Health Officer shall cause the same to be done and the cost thereof assessed as a special tax against the property.

(3) EXTENSION OF TIME OR TEMPORARY RELIEF. The Board of Health 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.

11.05 KEEPING OF LIVESTOCK AND PETS.

(1) No person shall maintain any building or premises for the purpose of housing domestic animals or fowl within 100 feet of a building used for human habitation. Domestic animals and fowl are prohibited in all districts of the Village, except those areas zoned agricultural. The term domestic animals or fowl shall not include dogs, cats or guinea pigs, the same being referred to herein as pets.

(2) No building shall be used for housing domestic animals, fowl or pets, unless the floor of such building be constructed of such material that can be kept clean and sanitary at all times.

(3) Any premises where domestic animals, fowl or pets are kept, shall be kept in a clean and sanitary manner and free from objectionable odors at all times.

(4) Pets shall be permitted in all zoning districts; provided that not more than 6 of such pets are kept in any one nonagricultural premises. Notwithstanding the foregoing, however, offspring of household pets may be kept for a period of up to 59 days.

11.055 FEEDING OF WILD WATERFOWL. (Cr. #95-13)

(1) PROHIBITED. No person shall feed wild waterfowl within the corporate limits of the Village of Palmyra.

(2) PENALTIES. Any person violating the provisions of this Section shall forfeit and pay to the Village a penalty of $10 for the first offense and $25 for each subsequent offense.

11.06 DEPOSIT OF DELETERIOUS SUBSTANCES PROHIBITED.

No person shall deposit or cause to be deposited in any public street or on any public ground or on any private property not his own, any refuse, garbage, litter, waste material or liquid or any other objectionable material or liquid. When any such material is placed on the person's own private property, it shall be properly enclosed and covered so as to prevent the same from becoming a public nuisance.

11.07 PLACEMENT OF REFUSE FOR COLLECTION.

(1) Persons desiring to have rubbish or refuse collected by the Village shall cause it to be deposited upon the terrace of the street in front of their premises not more than 12 hours before the date designated for rubbish collection.

(2) No material shall be placed in any gutter so as to obstruct the flow of water therein.

(3) No material shall be placed upon any sidewalk or crosswalk or upon any roadway so as to obstruct or block more than 1/4 of the width of such roadway, such width to be measured from the edge of such roadway.

(4) Any person depositing material in the streets of the Village pursuant to the provisions of this section shall be liable for all damages which may accrue to the public due to the presence of such rubbish or material in the streets.

(5) No person shall allow a rubbish or refuse container to remain on the roadway, terrace or sidewalk of the street in front of his premises for more than 24 hours after the date designated for rubbish collection.

11.08 CLEAN INDOOR AIR.

(1) STATE STATUTES ADOPTED. The provisions contained in §101.123, Wis. Stats., and the definitions therein are adopted by reference with the exception of subsection (8) relating to penalties.

(2) PENALTIES. (Am. #08-03) Any person violating any provisions of this section shall be subject to forfeit specified in §25.04 of the Village Code of Ordinances.

11.09 WATER POLLUTION CONTROL.

(1) LEGISLATIVE INTENT. This chapter is designed to prevent polluting or spilled material from reaching lakes or streams where it can create hazard to health, a nuisance or produce ecological damage and to assess responsibility and costs of cleanup to the responsible party.

(2) DISCHARGE OR RELEASE PROHIBITED. No person shall release, discharge or permit the escape of domestic sewage, industrial wastes or any potential polluting substance into the waters adjacent to or within the boundaries of the Village or into any stream within the jurisdiction of the Village or into any street, sewer, ditch or drainage leading into any lake or stream or permit the same to be so discharged to the ground surface without authorization from the Village Board.

11.10 CLEANUP OF SPILLED OR ACCIDENTALLY DISCHARGED WASTES.

(1) CLEANUP REQUIRED. All persons delivering, hauling, disposing, storing, discharging or otherwise handling potentially polluting substances, solid or liquid, such as, but not limited to, fuel oil, gasoline, solvents, industrial liquids or fluids, milk, grease trap and septic tank wastes, sewage sludge, sanitary sewer wastes, storm sewer catch basin wastes, oil or petroleum wastes, shall immediately clean up any such spilled material to prevent its becoming a hazard to health or safety or directly or indirectly causing pollution to the lakes and streams under the jurisdiction of the Village.

(2) NOTIFICATION. Spills or accidental release of hazardous materials or pollutants at a site or of a quantity or nature that cannot adequately be cleaned up by the responsible party or parties shall immediately be reported to the Police Department so that assistance can be given by the proper agency.

(3) FINANCIAL LIABILITY. The party or parties responsible for the release, escape or discharge of wastes may be held financially liable for the cost of any cleanup or attempted cleanup deemed necessary or desirable and undertaken by the Village or its designated agent, in an effort to minimize the pollutional effects of the discharged waste.

11.11 STORAGE OF POLLUTING SUBSTANCES.

No person shall store any potentially polluting substances unless such substances are stored in such manner as to securely prevent them from escaping onto the ground surface and or into any street, sewer, ditch or drainageway, lake or stream within the jurisdiction of the Village.

11.12 RECYCLING. (Cr. #92-3)

(1) PURPOSE. The Village finds it appropriate to ordain a community-wide recycling program and in so doing participate in the State-wide recycling program. The intent of the Village recycling program is to conserve energy, recycle valuable resources and to protect and enhance the public health, welfare and the environment.

(2) DEFINITIONS. The following words are defined in this section as follows:

Cardboard. Heavy duty paper packaging material. No paperboard, such as for cereal or laundry detergent boxes or holders of 6 and 12 packs of beverage cans or bottles.

Collector/Hauler. Contractor or entity chosen by the Village Board to handle, transport and dispose of the community's solid waste, recyclables and nonrecyclables and will enforce preparation standards for recyclable materials.

Glass. Glass bottles, jars and containers and does not include window glass, light bulbs, television tubes and other noncontainer glass.

Hazardous Waste or Hazardous Substance. Wastes or substances defined in Ch. NR 181, Wis. Adm. Code, including all amendments thereto, as provided under §144.62, Wis. Stats., or other acts pursuant to authority vested in the Department of Natural Resources to describe and list materials and also includes in the meaning of hazardous waste or substance as described above, those solid wastes or substances found in household waste, notwithstanding the household waste exclusion provided in §NR 181.12(4)(a), Wis. Adm. Code.

Lead acid batteries. Automotive and related batteries that are comprised of lead plates and an acid electrolyte and does not include nickelcadium batteries, dry cell batteries (flashlight) or batteries used in calculators, watches, hearing aids or similar devices.

Major appliance. Residential or commercial air conditioner, clothes dryer, clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator, stove, water heater, furnace, boiler, and dehumidifier. (Am. #95-3)

Metal cans. Tin coated steel cans, bi-metal cans and aluminum cans used for food and other nonhazardous materials, but excluding aerosol cans and cans that held paint, paint related products, pesticides or other toxic or hazardous substances.

Multifamily dwelling. Residential dwelling place intended to be the residence of 5 or more independent family units.

Newspapers. Printed matter printed on newsprint, including weekly or daily publications and advertising materials, but excludes glossy paper, magazines, catalogs or similar materials.

Person. Any individual, corporation, organization, association, local unit of government as defined in §66.299(1), Wis. Stats., State agency or authority or federal agency.

Plastic container. Blow molded plastic bottle made of high density polyethylene (HDPE) or plastic bottle or jar made of polyethylene terephthalate (PETE), but does not include HDPE containers that are not blow molded, including, but not limited to containers for yogurt, cottage cheese, butter, margarine, ice cream and similar products.

Preparation standards. Criteria established by the collector/hauler to prepare recyclables for curbside pickup including, but not limited to, rinsing, removing labels, bundling or flattening as the case may require.

Recyclable Material. Materials meeting preparation standards and shall include newspapers; cardboard; unbroken brown, green and clear container glass; aluminum, bi-metal and tin coated steel cans; blow molded HDPE and PETE plastic containers; tires; used oil; lead acid batteries; and large appliances.

Refuse. Combustible and noncombustible materials including, but not limited to, paper products, wood, metal, glass, cloth and products thereof in unrecoverable condition; litter and street rubbish not including yard waste; uncontaminated ashes; and oversized and bulky waste, such as furniture and tires. "Refuse" for the purposes of this section shall not include building materials, such as wood and concrete resulting from construction or demolition.

Solid Waste. Garbage, refuse and all other discarded or salvageable solid materials, including solid waste resulting from industrial, commercial and agricultural operations and from community activities, but does not include solids or dissolved material in wastewater effluents or other common water pollutants.

Tires. For collection purposes shall mean rubber tires from automobile and light trucks and other tires whose size does not exceed 1100 × 24.5, which are removed from rims.

Waste Oil. Contaminated petroleum derived or synthetic oil including, but not limited to, fluid and insulating fluid or coolant.

Yard Waste. Leaves, grass clippings, yard and garden debris, including clean woody vegetative material no greater than 4 inches in diameter or 4 feet in length and holiday trees, but does not include tree stumps, extensive root systems or shrubs with intact root balls.

(3) APPLICABILITY.

(a) This section shall apply to all persons, entities and appropriate waste generating activities within the corporate limits of the Village.

(b) This section shall not affect civic or charitable organizations who conduct fund drives for recyclable materials.

(4) MANDATORY RECYCLING. The following provisions shall apply to all nonhazardous solid waste generated within the Village limits:

(a) Nonrecyclable Material. All garbage, refuse and other nonrecyclable materials shall be collected, removed and disposed of pursuant to the Village's agreement with the designated collector/hauler or person's private agreements with collectors/haulers.

(b) Recyclable Materials.

1. Participation in the Village's recycling program is mandatory for all persons. Separation of recyclables is required. All recyclable materials shall be separated from other solid waste. Recyclable materials shall be placed at curbside or other designated place for collection and shall be separated into a recycling container that facilitates transport, preferably recycling bins provided for this specific purpose and, therefore, easily identifiable as such. Recyclables may be commingled in the recycling bins.

2. Recycling bins provided to residents by the Village are the property of the Village and must be returned to Village Hall in clean and good condition if the bins are no longer to be used for participation in the Village's recycling program. Bins are not transferable to other residents or persons.

3. Recyclable materials shall be prepared for pickup as required by the collector/hauler.

4. Major appliances will be picked up by a collector/hauler and arrangements will be made by the collector/hauler as required for pickup.

5. Yard waste will be picked up by the collector/hauler.

6. Chipping of tree branches 3" or less in diameter will be provided for Village residents wishing to retain the chipped material by the Village Public Works Department. Arrangements for this service shall be made by calling the Village Public Works Department.

(c) Requirements of Multi-Family Dwellings. Owners of multi-family dwellings shall provide adequate containers for handling and collection of recyclable materials enabling tenants to ensure separation of recyclables and ensuring that recyclables meet preparation standards. The following shall be acceptable means of providing containers: providing a series of containers for the complex or subunits thereof with unique containers for each type of recyclable to be shared in common by occupants of the multifamily dwelling not including provisions for major appliances or used oil; with sufficient, separate containers to achieve separation of recyclables based upon size of multifamily dwelling and handling, transportation and processing requirements for the collector/hauler. Containers shall be clearly designated as for recyclables and shall be maintained in a clean, safe and watertight condition. Owners of multifamily dwellings shall attempt to assure that their tenants comply with recycling requirements by making them aware at the time of renting or leasing the dwelling that the Village requires recycling by ordinance.

(d) Requirements of Commercial, Retail, Industrial, Institutional and Governmental Facilities. The owners of commercial, retail, industrial, institutional and governmental facilities shall provide adequate, marked containers for separate handling and collection of recyclable materials, excluding oil and major appliances. All owners shall maintain sufficient, well kept containers to meet their generator's requirements for recycling purposes. All owners shall attempt to make all users of their facilities aware that the Village requires recycling by ordinance.

(5) PROHIBITED PRACTICES IN COLLECTION AND HANDLING OF RECYCLABLES. No person generating waste within or from outside the Village limits shall do any of the following:

(a) Deposit or cause to be deposited any recyclable material in or upon any public street, public waters or public grounds in the Village, except as authorized by this section and at places authorized by this section.

(b) Deposit or cause to be deposited any recyclable material in any container not specifically intended for the collection of that type of recyclable.

(c) Remove recyclable material which has been placed at curbside or other designated place for the purpose of recycling.

11.15 ENFORCEMENT. (Rep. & recr. #95-3)

(1) For the purpose of ascertaining compliance with the provisions of this chapter, any authorized officer, employee or representative of the Village may inspect recyclable materials separated for recycling collection sites and facilities, collection vehicles, collection areas of multiple-family dwellings and non-residential facilities and properties, and any records relating to recycling activities, which shall be kept confidential when necessary to protect proprietary information. No person may refuse access to any authorized officer, employee or authorized representative of the Village who requests access for purposes of inspection, and who presents appropriate credentials. No person may obstruct, hamper, or interfere with such an inspection.

(2) Any person who violates a provision of this chapter may be issued a citation by a Village Police Officer. The issuance of a citation shall not preclude proceeding under any other ordinance or law relating to the same or any other matter. Proceeding under any other ordinance or law relating to the same or any other matter shall not preclude the issuance of a citation under this paragraph.

(3) Penalties for violating this chapter may be assessed as follows:

(a) Any person who violates any of the provisions of §11.12(4)(b) may be required to forfeit $50 for a first violation, $200 for a second violation, and not more than $2,000 for a third or subsequent violation.

(b) Any person who violates any other provision of §11.12, except §11.12(4)(b), may be required to forfeit not less than $10 nor more than $1,000 for each violation.

(4) Each incident of violation shall be a separate offense and each day or part thereof during which a violation occurs shall be deemed a separate offense.