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by Chapter of Revised Municipal Code
Go to Index of All Ordinances
The ordinances reproduced on this website are derived from the updated computer files used to produce the official Revised Municipal Code for the City of Stevens Point, but are unofficial. The ordinances on this web site cannot be certified under s. 889.08, Wis. Stats., and cannot be considered prima facie evidence under s. 889.04, Wis. Stats. Certain tables and maps that are a part of the official Revised Municipal Code for the City of Stevens Point are not included in the ordinance files reproduced on this website. Please consult the bound Revised Municipal Code for the City of Stevens Point, available in the City Clerk's Office, for the official text.
Chapter 7 - Health and Sanitation
Section
7.01
Board of Health - Portage County
7.02
Enforcement of Laws & Regulations
7.03
Burials
7.04
Contagious Diseases
7.05
Human Health Hazards, Abatement and Removal
7.06
Collection of Garbage
7.07
Legislative Findings and Declarations
7.08
Penalties
7.01 BOARD OF HEALTH - PORTAGE
COUNTY. On May 1, 1976, the City of Stevens
Point authorized the operation of a county-wide health department and board of health within the corporate limits
of the city. A single Portage County Health and Human Services Board, which functions as a Portage County Board
of Health in accordance with Chapter 251 of the Wisconsin statutes, was established and empowered to function under
the provisions of Chapter 59.025 of the Wisconsin statutes and other applicable Wisconsin statutes.
7.02 ENFORCEMENT OF LAWS AND REGULATIONS. The county health officer shall enforce the health laws
of the State of Wisconsin, the ordinances of the City of Stevens Point, and the rules and regulations of the County
Board of Health (Human Services Board).
7.03 BURIALS.
(1) Death Certificate Required. No person shall bury or cause to be buried within the limits of the city the remains
of any person without first having obtained a physician's certificate as to the cause of death, or in lieu thereof
a burial permit.
(2) Burial of Diseased Bodies. It shall be unlawful for any person to bury or cause to be buried with public funeral
the remains of any person whose death was caused by scarlet fever, smallpox, diphtheria, or any contagious or pestilential
disease without the written consent of the health officer of the board of health, or in his/her absence, of a majority
of the members of the Board of Health.
(3) Burial Vault Regulations.
(a) No person shall construct, keep, maintain, or cause to be constructed, kept, or maintained, any structure or vault for the temporary keeping of corpses within the city, except sites or locations first approved by the city plan commission and also the city council, and on written permit duly issued.
(b) This section shall not restrict maintenance of any such receiving vault or structure within the boundaries of any legally established cemetery within the city and shall not be construed to deprive any person who now has or maintains any established receiving vaults within the city now used for that purpose from continuing such use.
(c) This section shall not restrict any undertaking establishment legally operating within the city to keep corpses in such undertaking establishments while awaiting interment services at a location duly approved and conforming with all other city ordinances.
7.04 CONTAGIOUS DISEASES.
(1) Duty of Health Officer. The health officer shall perform all duties prescribed to him/her by state statutes
and administrative codes of the Division of Health regarding
contagious diseases.
(2) Quarantine Restrictions. No person, whether afflicted with any communicable disease as defined in Chapter 252
and quarantined per 252.06 of the Wisconsin statutes or not, shall visit or depart from any premises which shall
have been quarantined by the health officer until given permission by such health officer. Any person who shall
violate the provisions of this subsection shall be subject to a fine of not less than $5.00 nor more than $500.
(3) A physician knowing or having reason to know that a person treated or visited by him/her has a communicable
disease, or having such disease has died, shall report the same to the health officer, as defined in 252.05 of
the Wisconsin statutes.
7.05 HUMAN HEALTH HAZARDS, ABATEMENT
AND REMOVAL.
Pursuant to 254.59, Wisconsin statutes, whenever
any human health hazard shall be found on private property, the health officer shall order the owner or occupant
thereof to remove or abate the same at his/her own expense within a reasonable time which shall be specified in
the notice and if he/she shall refuse or shall neglect to comply with such order, he/she shall be subject to a
fine of not more than $300, and each day on which any person shall so refuse or neglect to comply with such order
after service of the same, may be considered a separate offense and a separate penalty collected therefor. Whenever
such owner or occupant shall refuse or neglect to remove or abate said condition, said board shall cause the same
to be removed or abated and the city shall recover the expenses incurred thereby from the said owner or occupant
or from such other person as shall have caused or permitted the same. In the event the owner is absent from the
city, notice to the person who receives the rent or has charge of the property shall be deemed notice to the owner.
When the health officer or city sanitarian shall cause any human health hazard existing on private property to
be removed or abated in accordance with the provisions of this section, and the owner of such property fails to
pay for the expense of such removal or abatement, the costs thereof shall be levied and collected as a special
tax upon the lot or land upon which such work was done.
7.06 COLLECTION OF GARBAGE.
(1) Definitions.
(a) "Garbage" shall mean and include all kinds of organic refuse resulting from the preparation of food and all decayed or spoiled food products from any source whatever.
(b) "Rubbish" shall mean and include all inorganic refuse and matter such as tin cans, wire or metal of any kind, glass, china, crockery, paper, cloth, ashes, and similar things of that nature.
(2) Collection. How and When Made. The collection, removal and disposal of garbage and rubbish except as provided in Sec. 21.03(4)(a)(1) a thru I shall be made at least once a week and shall be conducted under the supervision, direction, and control of the superintendent of streets. All collections shall be made at street side or City maintained alleys only. Each improved and occupied residential tax parcel will be allowed a maximum of four (4) garbage carts and a maximum of four (4) recycling carts.
(3) Expense of Collection.
(a) Residential. The charge for collection by city crews is a follows:
One (1) garbage and one (1) recycling cart No charge
One (1) extra garbage and/or recycling cart one-time charge of
$50.00 for each cart
More than four (4) total carts $50.00 per cart annual fee
In addition to the one-time $50.00 per cart charge
All carts are the property of the City of Stevens Point.(b) Commercial. Each commercial business must arrange for the collection, removal, and disposal of garbage and rubbish with a private hauler licensed to collect garbage in the City of Stevens Point.
(4) Deposit on Streets Prohibited. It shall be unlawful
for any person, partnership, or corporation, or their agents or employees, to permit any garbage to be dropped,
kept, dumped, throw, or deposited on or within any public conveyance, park, or other place on or within any private
property or premises owned or controlled by another person, partnership, or corporation, except deposits made in
receptacles offered to the public for collection purposes.
(5) Deposits in City-owned Refuse Containers. Notwithstanding any other section of the Revised Municipal Code to
the contrary, the refuse receptacles located in any public park or upon any public property owned and maintained
by the City of Stevens Point shall be used in the manner consistent with the labeling on such refuse container.
In addition, no person shall deposit, dump, or drop in such refuse container any material, refuse, garbage or recyclable
whose use was not generated on the immediate premises.
(6) Burial of Garbage Prohibited. It shall be unlawful for any person to bury garbage in the city or to leave garbage
in an open place or on any lot or ground in the city for a period exceeding twenty-four (24) hours, except in a
proper receptacle as provided in Section 21 of the Revised Municipal Code.
(7) Vehicle Licensing and Regulations. See Section 12.11 of the Revised Municipal Code.
7.07 LEGISLATIVE FINDINGS AND DECLARATIONS.
The common council finds and determines that the smoking of tobacco, or any other weed or plant, is a positive danger to the health and material annoyance, inconvenience, discomfort and health hazard to those who are present in confined spaces. That smoking indoors and in vehicles adversely affects, among other things, health, safety, comfort, employee production, and building and vehicle maintenance expenses.
The common council further adopts the findings of the federal agencies such as the Environmental Protection Agency and the Surgeon General of the United States which indicate that smoking contributes to health problems of city employees and members of the public exposed to indoor smoke, both directly through deliberate use of smoking materials and indirectly, to nonsmokers, through involuntary inhalation of smoke in the air.
(1) Definitions. The following words and phrases, whenever used in this ordinance, shall be construed as defined in this section:
(a) "Adult Day Care Facility" means any facility as defined in section 49.45(47)(a) of the Wisconsin Statutes.
(b) "Business" means a sole proprietorship, partnership, joint venture, corporation, or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered.
(c) "Childcare Facility" means any state licensed or county certified childcare facility including licensed family day care or licensed group day care centers, licensed day camps, certified school-age programs and Head Start programs.
(d) "Educational Facility" means any building used principally for educational purposes in which a school is located or a course of instruction or training program is offered that has been approved or licensed by a state agency or board.
(e) "Employer" means a person, business, partnership, association, corporation, including a municipal corporation, trust, or non-profit entity that employs the services of one or more individual persons.
(f) "Enclosed Area" means all space between a floor and ceiling that is enclosed on all sides by solid walls or windows (exclusive of doorways), which extend from the floor to the ceiling.
(g) "Health Care Facility" means an office or institution providing care or treatment of diseases as defined in section 155.01(6) of the Wisconsin Statutes.
(h) "Home Based Business" means an accessory use of a dwelling unit for a business which is secondary and incidental to the primary use of the dwelling as a residence, and does not change the residential character of the building or site.
(i) "Place of Employment" means an area under the control of a public or private employer that employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, and vehicles.
(j) "Private Club" means an organization, whether incorporated or not, which is the owner, lessee, or occupant of a building or portion thereof used for club purposes, which is operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose but not for pecuniary gain and which only sells alcohol beverages incidental to its operation. The affairs and management of the private club are conducted by a board of directors, executive committee, or similar body chosen by the members at an annual meeting. The private club has established bylaws and/or a constitution to govern the club's activities. The private club has been granted an exemption from the payment of federal income tax as a club under 26 U.S.C.A. section 501.
(k) "Public Place" means an enclosed area to which the public is invited or in which the public is permitted, including but not limited to, banks, educational facilities, health care facilities, laundromats, public transportation facilities, reception areas, retail food production and marketing establishments, retail service establishments, retail stores, shopping mall, sports arenas, theaters, and waiting rooms. A private residence is not a "public place" unless it is used as a childcare, adult day care, or health care facility.
(l) "Restaurant" means any building, room or place where meals are prepared or served or sold to transients or the general public. The term "restaurant" shall not include a "tavern" as defined in this section.
(m) "Retail Tobacco Store" means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental.
(n) "Service Line" means an indoor line in which one (1) or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money.
(o) "Shopping Mall" means an enclosed public walkway or hall area that serves to connect retail or professional establishments.
(p) "Smoking" means inhaling, exhaling, burning, or carrying a lighted cigar, cigarette, pipe or any other lighted tobacco smoking equipment.
(q) "Sports Arena" means sports pavilions, stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, and other similar places where members of the general public assemble to engage in physical exercise.
(r) "Tavern" means a licensed establishment with a full service bar in which fermented malt beverages and/or intoxicating liquors are sold for consumption on the premises and whose sale of alcoholic beverages account for fifty percent (50%) or more of the establishment's gross receipts for the most recent licensing year.
(2) Prohibition of Smoking in Public Places. Smoking shall be prohibited in all enclosed public places within Stevens Point, including but not limited to, the following places:
(a) All enclosed areas of worksites and public places owned, rented, leased or otherwise under the control of the City of Stevens Point, including city motor vehicles.
(b) Adult day care facilities.
(c) Aquariums, galleries, libraries and museums.
(d) Areas available to and customarily used by the general public in businesses and non-profit entities patronized by the public, including but not limited to, professional offices, banks, laundromats, hotels and motels.
(e) Bingo facilities.
(f) Child care facilities.
(g) Educational facilities, including all premises owned, rented by or under the control of a school board.
(h) Elevators.
(i) Facilities primarily used for exhibiting a motion picture, stage, drama, lecture, musical recital or other similar performance, except performers when smoking is part of a stage production.
(j) Health care facilities.
k) Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities.
(l) Polling places.
(m) Public transportation facilities, including ticketing, boarding and waiting areas of public transit depots, taxicabs and bus shelters.
(n) Restaurants with a seating capacity of more than 50 persons.
(o) Restrooms, lobbies, reception areas, hallways, and other common areas within prohibited places.
(p) Retail stores.
(q) Rooms, chambers, places of meeting or public assembly under the control of an agency, board, commission, committee or council of the City of Stevens Point or a political subdivision of the State of Wisconsin when a public meeting is in progress, to the extent the place is subject to the jurisdiction of the City of Stevens Point.
(r) Service lines.
(s) Shopping malls.
(t) Sports arenas, including enclosed places in outdoor arenas.
(3) Prohibition of Smoking in Places of Employment.
(a) Smoking shall be prohibited in all enclosed facilities within places of employment except as noted in (4). This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, and all other enclosed facilities.
(b) This prohibition on smoking shall be communicated to all existing employees prior to the effective date of this ordinance and to all prospective employees upon their application for employment.
(c) All employers shall supply a written copy of the smoking policy upon request to any existing or prospective employee.
(4) Where Smoking is Not Regulated. Notwithstanding
any other provision of this ordinance to the contrary, the following areas shall be exempt from the provisions
in section (2)
and (3).
(a) Bowling centers.
(b) Home based businesses.
(c) Hotel and motel sleeping rooms that are rented to guests and are designated as smoking rooms, provided however, that not more than twenty-five percent (25%) of rooms rented to guests in a hotel or motel may be so designated. Additionally, hotel meeting and conference rooms rented for private functions not to exceed twenty-five percent (25%) of a hotel's entire meeting room inventory.
(d) Outdoor areas of places of employment.
(e) Private and semiprivate rooms in nursing homes and long-term care facilities that are occupied by one (1) or more persons, all of whom are smokers and have requested in writing to be placed in a room where smoking is permitted.
(f) Private residences, except when used as a licensed childcare, adult day care, or health care facility.(g) Restaurant(s) with a seating capacity of fifty (50) persons or less.
(h) Retail tobacco stores.
(i) Taverns.
(j) Private clubs.
(5) Declaration of Establishment as Non-Smoking.
An owner, operator, manager or other person in control of an establishment, facility, or outdoor area may declare
the entire premises of an establishment, facility, or outdoor area as smoke free.
(6) Posting of Signs.
(a) The proprietor or other person having control of an establishment where smoking is prohibited under this article shall post, in a conspicuous place at every building entrance and in prominent locations throughout the establishment, a sign not smaller than 24 square inches indicating whether the building permits smoking or whether it is smoke free. The signs shall be posted in such a manner that the public has reasonable notice of the establishment's smoking policy and must be present at any time the establishment is open for business.
(b) It shall be unlawful for any person to remove, deface or destroy any sign required by this section, or to smoke in any place where any such sign is posted.
(7) Hardship
(a) As a result of complying with this ordinance, a business which realizes a loss of gross receipts greater than ten percent (10%) for the three (3) months immediately following the effective date of this ordinance when compared to the average for the same three (3) months of the preceding three (3) years, may apply to the City of Stevens Point Clerk for a one-time temporary hardship exemption. Upon granting of the hardship exemption, the business shall be exempt from the requirements of this ordinance for a period of twelve (12) months. This hardship provision shall automatically cease one (1) year after its granting.
(b) To obtain a hardship exemption, application to the Clerk must be made within one hundred twenty (120) days after this ordinance becomes effective by submitting the following:
1. Written proof subscribed and sworn to by an accountant certifying that the gross receipts have declined by; ten percent (10%) for the time period indicated above.
2. Written proof subscribed and sworn to by an accountant certifying that the business has complied with this ordinance and that the ten percent (10%) decline in gross receipts is the direct result of complying with this ordinance and not a result of other factors unrelated to this ordinance.
(c) The Clerk shall make its determination regarding hardship within sixty (60) days of receipt of a hardship application or the application will be deemed granted.
(d) This hardship provision does not apply to any business not in existence as of the effective date of this ordinance.
(8) Non-retaliation. No person or employer shall
discharge, refuse to hire, or in any manner retaliate against an employee, applicant for employment, or customer
because that employee, applicant or customer exercises any rights afforded by this ordinance or reports or attempts
to prosecute a violation of this ordinance.
(9) Violations and Penalties.
(a) Any customer, employee or other person in an establishment regulated by this ordinance who violates any provision of this ordinance shall suffer forfeiture not to exceed $75 and in lieu of such payment assessed imprisonment as determined by the Court.
(b) Any person, who manages, operates, or otherwise controls a public place or place of employment and who knowingly violates any provision of this ordinance shall suffer forfeiture not to exceed $75 and in lieu of such payment assessed, imprisonment as determined by the Court.
(c) In addition to the fines established by this section, violation of this ordinance by a person who owns, manages, operates, or otherwise controls a public place or place of employment may result in the suspension or revocation of any permit or license issued by the City of Stevens Point to the person for the premises on which the violation occurred.
(d) Each day on which a violation of this ordinance occurs shall be considered a separate and distinct violation.
(10) Other Applicable Laws. This ordinance shall
not be interpreted nor construed to permit smoking where it is otherwise restricted by other applicable laws.
(11) Liberal Construction. This ordinance shall be liberally construed so as to further its purposes.
(12) Severability. If any provision, clause, sentence or paragraph of this ordinance or the application thereof
to any person or circumstances shall be held invalid, that invalidity shall not affect the other provisions of
this ordinance which can be given effect without the invalid provision or application, and to this end the provisions
of this ordinance are declared to be severable.
(13) Enforcement. This Ordinance shall be enforced by the Mayor or his or her designee.
7.08 PENALTIES. Any person who shall be convicted of having violated any
provisions of this ordinance shall be subject to a forfeiture of not more than $300 and in lieu of payment thereof,
not more than ten days in the county jail for each day the violation exists.
The ordinances reproduced on this website are derived from the updated computer files used to produce the official Revised Municipal Code for the City of Stevens Point, but are unofficial. The ordinances on this web site cannot be certified under s. 889.08, Wis. Stats., and cannot be considered prima facie evidence under s. 889.04, Wis. Stats. Certain tables and maps that are a part of the official Revised Municipal Code for the City of Stevens Point are not included in the ordinance files reproduced on this website. Please consult the bound Revised Municipal Code for the City of Stevens Point, available in the City Clerk's Office, for the official text.