CHAPTER 11

HEALTH AND SANITATION

11.01 Health Officer

11.02 Rules and Regulations

11.03 Health Nuisances, Abatement of

11.04 Connection to Public Sewer

11.05 Garbage and Refuse Disposal

11.06 Declaration of Ban

11.10 Penalty

HEALTH AND SANITATION 11.01

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, meat markets, and place of public assemblage and report thereon to those responsible for the maintenance thereof.

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

(d) Enforce the health laws, rules, and regulations of the State Board of Health, the State and the City, including the laws relating to contagious diseases contained in Ch. 143, WI Stats.

(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 Common Council and such other report as they may request.

(2) MATERIALS AND SUPPLIES. The Health Officer may procure 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 State Board of Health.

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 a penalty as provided in sec. 25.04 of this Code.

11.03 HEALTH NUISANCES, ABATEMENT OF. The Health Officer together with the Board of Health may abate health nuisances in accordance with sec. 146.14, WI Stats., which is adopted by reference and made a part of this chapter as if fully set forth herein.

11.04 CONNECTION TO PUBLIC SEWER. (1) DUTY TO CONNECT To assure preservation of public health, comfort and safety, the owner or the agent of the owner of any building used for human habitation and located adjacent to a sanitary sewer main, or in a block through which such system extends, shall connect therewith after notice as provided herein.

(2) NOTICE TO CONNECT. When a sanitary sewer main becomes available to any building used for human habitation, the Director of Public Works or other person appointed for that purpose, shall notify, in writing, the owner or his agent, to connect the building thereto and to install such facilities as may be reasonably necessary. The manner of connection shall be as prescribed by the Director of Public Works.

(3) SERVICE OF NOTICE. The notice required by this section shall be given in the manner prescribed by Sec. 262.08, WI Stats., or by registered mail addressed to the last known address of the owner or his agent.

(4) FAILURE TO CONNECT. If the owner or his agent fails to comply, after 10 days notice as herein provided, the notifying officer may cause connection to be made and the expense thereof assessed as a special assessed as a special assessment tax against the property.

(5) PAYMENT IN INSTALLMENTS. The owner, or his agent, may within 30 days after the completion of the work, file a written option with the City Clerk stating that he cannot pay the cost of connection in one sum and electing that such sum be levied in 5 equal annual installments, with interest on the unpaid balance at 6% per annum.

HEALTH AND SANITATION 11.04(6)

(6) PRIVIES, ETC., PROHIBITED, AFTER CONNECTION. After connection of any building used for human habitation to a sewer main, no privy, cesspool, septic tank or waterless toilet shall be used in connection with such human habitation and all such abandoned septic tanks and cesspool shall be immediately filled.

11.05 JEFFERSON RECYCLING ORDINANCE. (1) AUTHORITY. S.159.09(3)(b) Wisconsin Statutes

(2) FINDINGS. The Common Council of the City of Jefferson hereby finds and determines that: there is an increasing necessity to conserve natural resources and reduce the need for landfill space for the citizens of Jefferson; newspapers, clear, amber and green glass, used oil, aluminum cans, steel and bi-metal cans, scrap metal products, plastics, foam polystyrene packaging, mixed paper, corrugated, tires, lead-acid batteries, and yard waste comprise a substantial portion of residential and business solid waste material; these items can be separated from other solid waste materials and recycled, benefiting residents, taxpayers, and business of the city be reducing the volume of solid waste materials collected by the city and transported to and deposited in available authorized landfill sites.

(3) DEFINITIONS. As used in this section the following terms shall mean:

(a) COLLECTOR. The person or persons specifically authorized by the City Council to collect garbage, rubbish and recyclable materials and dispose of the same.

(b) GARBAGE. Includes all organic kitchen waste that attends the storage, preparation, use, cooking or serving of food.

(c) SCRAP METAL PRODUCTS. (Am. #4-95) Heavy objects made of metal, including but not limited to iron and steel objects and large metal appliances. Large metal appliances shall include a residential or commercial air conditioner, clothes dryer, clothes washer, dishwasher, freezer, oven refrigerator, stove, furnace, boiler, dehumidifier and water heater. Microwaves may be disposed of in a landfill after the capacitor has been removed.

(d) NEWSPAPERS. Matter printed on newsprint including daily or weekly publications and advertising circulars, whether delivered separately or accompanying newspapers, normally delivered or mailed to business for dissemination of public information.

(e) MIXED PAPER. All other paper, including books, magazines, catalogs, phone books, office paper, junk mail, cereal boxes, and similar material.

(f) CORRUGATED. Two-ply cardboard used in shipping and packing containers.

(g) RECYCLABLE MATERIAL. Newspapers; clear, amber and green container glass; used oil; aluminum, steel and bi-metal cans; HDPE and PET (#1 and #2 coded) plastic containers and other plastic containers; foam polystyrene packaging; corrugated; scrap metals products; leaves, trees, tree limbs and brush; tires and lead-acid batteries; and other solid waste materials designated from time to time as recyclable by the Common Council. The Common Council also reserves the right to delete items from this list.

(h) NON-RECYCLABLE MATERIAL. All materials not defined as recyclable materials under definition.

(i) RUBBISH. Includes all useless waste except leaves, trees, tree limbs, brush, earth, or stone.

(j) YARD WASTE. Leaves, grass clippings, yard and garden debris and brush, including clean woody vegetative material no greater than eight inches in diameter. This term does not include stumps, roots or shrubs with intact root balls.

(k) SOLID WASTE. All garbage and rubbish as herein defined.

 

HEALTH AND SANITATION 11.05(3)(l)

(l) HAZARDOUS WASTE. Any substance that can catch fire, can react or explode when mixed with another substance, or is corrosive or toxic. Such substances include but are not limited to chemicals, solvents, fertilizers, acids and caustics, poisons, herbicides, pesticides, insecticides, and wood preservatives.

(m) INFECTIOUS WASTE. Biological and medical waste which is a medium for communicating disease or illness. Such waste includes but is not limited to used medical syringes and supplies, human and animal body waste, dead animals, and contaminated substances or materials such as food, water, or clothing.

(n) RECYCLING CONTAINER. Any labeled or marked container for collecting recyclable materials from residential properties and businesses or clear plastic bags for holding recyclable plastic products.

(o) RESIDENTIAL FAMILY DWELLING. A property containing four or fewer residential units.

(p) MULTIFAMILY DWELLING. A property containing five or more residential units.

(q) NONRESIDENTIAL FACILITIES AND PROPERTIES. Commercial, retail, industrial institutional and governmental facilities and properties. This term does not include multifamily or residential family dwellings.

(4) REQUIRED SEPARATION OF RECYCLABLES FROM SOLID WASTE. The owner or occupant of each residence, residential unit, place of business, industry, institution or other place providing foods or services of any type shall cooperate in the recycling of recyclable material by performing the following:

(a) Except as provided in (3)(b) and (3)(c) hereafter, all recyclable material shall be separated from other solid waste. Recyclable materials shall be placed in appropriate recycling containers for collection in the same manner as regular solid waste according to the collection schedule established under para. (4)(a). Recyclables shall not be placed in containers with solid waste.

(b) Recyclable materials must be clean and kept free of contamination.

(c) Newspapers and mixed paper shall be placed in the appropriate container and placed at the curb with solid waste on the designated collection date for collection by the City's solid waste collector. Bundles or separate newspapers shall not be placed in containers with solid waste. No newspapers or mixed paper, except contaminated paper or paper otherwise rendered useless for recycling purposes, shall be disposed of with solid waste.

(d) Owners of multifamily dwellings must provide separate containers from regular collection or recyclables outside and wherever practicable within each apartment, on every floor or on a central area, and must notify tenants upon move-in and semiannually thereafter of reasons to reduce and recycle solid waste, which materials are collected, how to prepare recyclable materials in order to meet the processing requirements, collection methods or sites, locations and hours of operation, and a contact person or company, including a name, address and phone number. Recyclables shall not be placed in containers with solid waste.

(e) Rimless tires, lead-acid batteries, and used oil shall be kept separate from other solid waste materials and shall be placed for collection in the same manner as regular solid waste on the designated collection date. These items may also be recycled at private businesses where they are purchased or at private recycling centers.

(f) Owners of nonresidential facilities must provide separate containers from recyclable materials and regular collection of those containers fro recyclable materials and regular collection of those containers, and must notify all users of these facilities semiannually of reasons to reduce and recycle, which materials are collected, how to prepare recyclable materials in order to meet the processing requirements of the responsible unit's or out-of-state unit's recycling program, collection methods or sites, locations and hours of operation, and a contact person or company, including a name, address and phone number.

HEALTH AND SANITATION 11.05(4)(g)

(g) All nonresidential facilities and multifamily dwellings shall have on file with the City a description of their individual recycling programs. The City may conduct annual audits and inspections to insure compliance with the recycling ordinance.

(5) RESIDENTIAL COLLECTION SCHEDULE. (a) The Common Council and City's collector shall establish the time of collection of solid waste, including recyclable materials, and the City shall publish the collection schedule at least once in the spring and fall of each year and, in addition, at any time the collection schedule is changed.

(b) Solid waste containers and recycling containers shall be placed as herein required at the required collection point not sooner than 4 p.m. of the day before the regularly scheduled collection and by 6 a.m. of the collection day, and no person shall permit solid waste or containers thereof to accumulate or remain at the curb line after 7 p.m. the regularly scheduled collection day.

(6) PLACING SOLID WASTE FOR RESIDENTIAL COLLECTION. (a) Except as otherwise specifically directed or authorized by the City under (b), solid waste and recycling containers from all residential premises shall be placed five feet from the curb line adjacent to the street designated in the published collection schedule. In addition, solid waste containers and recycling containers shall be placed five feet apart.

(b) The City may direct or authorize the placing of solid waste and recycling containers in a manner different from that provided herein in order to facilitate a more reasonable mode of collection from particular premises.

(7) PREPARATION OF SOLID WASTE FOR RESIDENTIAL COLLECTION. (a) All garbage or rubbish placed for collection shall be well drained, wrapped and deposited in watertight containers or watertight bags. No container or bag placed for collection shall exceed 30 gallons in capacity or 40 lb. in weight.

(b) Any garbage or rubbish not placed for collection in accordance with the provisions of this section may be refused by the collector.

(8) GARBAGE OR RUBBISH NOT TO BE DEPOSITED IN ANY OTHER PLACE OR MANNER THAN HEREIN PROVIDED. (a) No person shall place any garbage on any street, alley, sidewalk or other public or private property unless the same shall be placed in containers or bags for City collection at the times and in the manner herein provided.

(b) No person shall place for collection any solid waste at the curb line or alley adjacent to any premises not owned or occupied by such person or dispose of waste at any unauthorized site.

(9) ITEMS NOT TO BE PLACED FOR RESIDENTIAL PICKUP BY THE COLLECTOR. No person shall dump, deposit or place at the curb line adjacent to any street or public alley for collection or for any other purpose any of the following:

(a) Construction and/or demolition materials, such as large amounts of stone, concrete, lumber, roofing materials, earth or sod;

(b) Containers over 30 gallons or 40 lb.;

(c) Tree stumps, roots, and shrubs with intact root balls over 8 inches in diameter and/or greater than 40 lb.;

(d) Hazardous toxic and infectious waste;

(e) Yard waste.

(10) PUBLIC INFORMATION AND EDUCATION PROGRAM. The City shall conduct an ongoing public information and consumer and youth education program concerning local and state recycling and waste reduction efforts.

HEALTH AND SANITATION 11.05(11)

(11) PROHIBITED DISPOSAL OF RECYCLABLES. No items which have been separated for recycling shall be disposed of in a solid waste disposal facility or burned in a solid waste treatment facility.

(12) VIOLATIONS AND ENFORCEMENT. (a) Any person, owner, occupant, corporation, person in charge or operator who shall violate any provision of this chapter shall, upon conviction, forfeit not less than $25 nor more than $250, together with a penalty assessment and costs of prosecution. Each day or incident of violation shall be deemed as a separate offense.

(b) The City's collector shall refuse to pick up any solid waste containing recyclable material not separately contained or bundled as provided in this section.

11.06 DECLARATION OF BAN. (Cr. #11-88) Due to the concern for the health and safety of the community, no person shall violate any ban so declared by the Health Inspector or his designee. Notification of the declaration of the ban shall be provided through the publication of a notice in the official paper of the City 24 hours prior to the enforcement of such ban. Bans covered under this section shall include the following:

(1) Water usage for specific purposes.

(2) Burning within the corporate limits of the City. (3) Use of any device that generates a spark or flame.

11.10 PENALTY. (Ren. MSC '89) Except as otherwise provided, any person who shall violate any provision of this chapter or any order, rule or regulation made hereunder shall be subject to a penalty as provided in Section 25.04 of this Municipal Code.