City of Nekoosa, WI
Wood County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Nekoosa 2-9-1988 by Ord. No. 423. Amendments noted where applicable.]
GENERAL REFERENCES
Public works — See Ch. 8.
Orderly conduct — See Ch. 9.
Public nuisances — See Ch. 10.
Municipal utilities — See Ch. 13.
Building Code — See Ch. 14.
Zoning Code — See Ch. 17.

§ 11.01 through § 11.04. (Reserved) [1]

[1]
Editor's Note: Original §§ 11.01, 11.02, 11.03 and 11.04 were repealed by Ord. No. 508.

§ 11.05 Sewer and water connections.

(1) 
Required. Whenever City sewer or water mains are made available to any building used for human habitation within the City, the owner of such building shall connect all building sewer and water facilities to the City sewer or water mains within a reasonable time.
(2) 
Connection by City. See § 13.05 of this Code.

§ 11.06 Regulation of nuisance-type businesses.

(1) 
Permit required. No person shall conduct within the City any business which has a tendency to create a public nuisance, except upon permit issued by the Council and subject to such conditions as it may impose.
[Amended by Ord. No. 508]
(2) 
Definition. A business which has a tendency to create a public nuisance is one which, unless properly regulated, may create conditions creating a public nuisance as defined in § 10.02 of this Code.
(3) 
Authority. This section is enacted pursuant to § 66.0415, Wis. Stats.

§ 11.07 Garbage and rubbish collection.

(1) 
Definitions. As used is this section, the following words are defined as follows:
GARBAGE
Includes ashes, rags, offal and refuse of any kind, including accumulation of animal, fruit and vegetable matter that attends the preparation, use, cooking, dealing in or storage of meats, fish, fowl, fruits and vegetables, but not including waste building materials, yard rubbish or recyclable materials as defined in § 11.09 of this chapter.
[Amended by Ord. No. 449]
(a) 
Yard rubbish: includes tree branches cut in lengths not to exceed six feet and not to exceed three inches in diameter, twigs, grass and shrub clippings, leaves, weeds and general yard and garden waste materials.
[Amended by Ord. No. 438]
(b) 
Building rubbish: includes discarded furniture, bedding, wood and excelsior, barrels, stoves and other household appliances.
(c) 
Demolition and construction rubbish: scrap lumber, pipes, brick, masonry, plastic, rock, concrete, roofing material, doors, windows and similar material.
(2) 
Administration. The Public Works Director shall conduct and control the collection, removal and disposal of garbage and rubbish in the City.
(3) 
Collection and disposal. Garbage or rubbish of any nature, not prepared or placed in compliance with the following regulations, shall not be collected.
(a) 
Garbage.
1. 
Receptacles. Any person having garbage to dispose of shall prepare the same for collection by draining, wrapping and placing it in a suitable receptacle. Receptacles shall be standard-type garbage containers, be made of metal or plastic, be watertight, have a tight-fitting cover, be equipped with handles or bail, and have a capacity of not more than 33 gallons. Receptacles shall be kept clean and in a sanitary condition at all times. Heavy-duty plastic bags securely tied and designed for garbage use may be used in lieu of the standard metal and plastic garbage receptacles. Five-gallon pails or fifty-gallon steel or cardboard barrels or drums are not allowed for garbage containers. Exceptions to this provision may be granted by the Council.
[Amended by Ord. No. 449]
2. 
Collection.
a. 
Placement of receptacles. In areas where legally opened alleys exist, garbage collection shall be made from the alley, with the garbage receptacles being placed at the alley line for collection. In other areas, garbage receptacles shall be placed within five feet of the curbline for collection by the City crew, and, where there is no curb, the receptacles shall be placed within five feet of the edge of the shoulder of the roadway. During the snow season, the receptacles shall be kept shoveled out. Receptacles shall be removed from the curbline or edge of the roadway within 24 hours after collection.
b. 
Time and frequency.
[Amended by Ord. No. 449; Ord. No. 463]
i. 
Garbage shall be collected once a week in residential areas as follows:
[i] 
Wards 1 and 2: on Tuesday.
[ii] 
Wards 3 and 4: on Wednesday.
[iii] 
Grocery stores and restaurants: two times a week, to coincide with residential pickup.
[iv] 
All other commercial establishments: twice a week on Tuesday and Wednesday.
ii. 
Receptacles shall not be set out more than a day in advance of the collection day, and caution shall be taken to prevent animals from getting into garbage, especially in plastic bags. The collection and disposal of industrial garbage and/or by-products is the responsibility of the industry.
3. 
Other materials.
a. 
Ashes and sawdust must be placed in disposable containers. No wet or hot ashes will be picked up.
b. 
Animal droppings must be properly wrapped and/or put in a disposable container.
c. 
Drain oil must be placed in a clearly marked, rigid, closed, disposal container, not to exceed one gallon in capacity.
(b) 
Rubbish.
1. 
Yard rubbish.
a. 
Containers. Acceptable containers, if used, may include baskets, metal cans, burlap bags and heavy-duty plastic bags, but shall not have a capacity of more than 33 gallons nor weigh more than 60 pounds and shall be of such material that they can be easily picked up without the contents being dropped from them. Fifty-gallon steel drums, wheelbarrows and yard carts, cardboard barrels and drums are not acceptable. Grass clippings shall not be placed in any container.
[Amended by Ord. No. 438]
b. 
Placement for collection. Yard rubbish and building rubbish shall be placed in the same location as specified for garbage collection since there shall be only one pickup location per property for all classes of material. No material of any type may be placed in the gutter.
c. 
Exemptions. Leaves may be burned in the fall providing the provisions of § 9.12 of this Code are observed and burning does not take place on the pavement of City streets, alleys or sidewalks. Ashes resulting from such burning shall be handled in accordance with Subsection (3)(a)3 above.
2. 
Building rubbish.
a. 
Containers. Acceptable containers, if used, may include baskets, metal cans, burlap bags and heavy-duty plastic bags, but shall have a capacity of not more than 33 gallons and shall not weigh more than 60 pounds. Fifty-gallon steel or cardboard drums are not acceptable. Larger pieces of rubbish may be placed as they are.
[Amended by Ord. No. 438]
b. 
Placement for collection. Yard rubbish and building rubbish shall be placed in the same location as specified for garbage collection since there shall be only one pickup location per property for all classes of material. No material of any type may be placed in the gutter.
3. 
Demolition and construction rubbish. The City shall not provide service for the collection of construction and demolition rubbish in amounts in excess of two containers not to exceed 60 pounds each with a capacity not to exceed 33 gallons. Heavy-duty plastic bags are not acceptable.
[Amended by Ord. No. 438]
(4) 
Prohibited materials. Ammunition shall not be placed with garbage or rubbish for collection but shall be brought to the Police Department. Rubber tires and automobile batteries are prohibited.
[Amended by Ord. No. 438]
(5) 
Prohibited acts.
(a) 
Improper placement of garbage and rubbish. It shall be unlawful for any person to deposit, throw or place any garbage or rubbish of any kind on or within any public street, alley, park, sidewalk, gutter or other public place or on or within any private property or premises, whether owned, kept or controlled by such person or not, unless such garbage or rubbish is placed and left for collection or removal as provided herein.
(b) 
Scavenging. It shall be unlawful for any person to disturb, remove or carry away rubbish, refuse, garbage or recyclable material that has been placed for collection unless written approval has been received from the Public Works Director or the resident.
(6) 
Rejection of garbage and rubbish. Any garbage or rubbish not placed in accordance with the provisions of this section may be rejected by the collector, in which case he shall fill out and leave a tag with the householder indicating the reason for such rejection. Garbage and rubbish so tagged shall be removed from where it is placed within 24 hours of the time said garbage or rubbish was scheduled for pickup. If garbage or rubbish is not picked up at the scheduled time, but no notification of rejection is received, separate pickup shall be scheduled under the provisions of Subsection (3)(b)3 above.

§ 11.08 Burning regulations.

See § 9.12 of this Code.

§ 11.09 Recycling regulations.

[Amended by Ord. No. 468]
(1) 
Title. This section shall be titled "Recycling Regulations for the City of Nekoosa."
(2) 
Findings and declaration of purpose. The Council hereby finds and determines that there is an increasing necessity to conserve natural resources in landfill space and to promote recycling as mandated by state law. In the age of shortages, conservation of recyclable material is an important public concern. It is the purpose of this section to promote recycling, composting and resource recovery through the administration of a mandatory recycling program, as provided in § 287.11, Wis. Stats., and Ch. NR 544, Wis. Adm. Code, by the City in order to protect and promote the public health, safety and welfare.
(3) 
Statutory authority. This section is adopted as authorized under § 287.09(3)(b), Wis. Stats.
(4) 
Abrogation and greater restrictions. It is not intended by this section to repeal, abrogate, annul, impair or interfere with any existing rules, regulations, ordinances or permits previously adopted or issued pursuant to law. However, whenever this section imposes greater restrictions, the provisions of this section shall apply.
(5) 
Interpretation. In their interpretation and application, the provisions of this section shall be held to be the minimum requirements and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes. Where any terms or requirements of this section may be inconsistent or conflicting, the more restrictive requirements or interpretation shall apply. Where a provision of this section is required by the Wisconsin Statutes or by a standard in Ch. NR 544, Wis. Adm. Code, and where a provision of this section is unclear, the provision shall be interpreted in light of the Wisconsin Statutes and Ch. NR 544, Wis. Adm. Code, standards in effect on the date of the adoption of this section or in effect on the date of the most recent text amendment to this section.
(6) 
Applicability. The requirements of this section shall apply to all persons within the boundaries of the City.
(7) 
Administration. The provisions of this section shall be administered by the Common Council.
(8) 
Effective date. The provisions of this section shall take effect on January 1, 1995.
(9) 
Definitions. For the purpose of this section, the following words and phrases shall have the meanings ascribed to them in this subsection:
ALUMINUM CAN
Includes used beverage cans only.
BIMETAL CONTAINER
A container for carbonated or malt beverages that is made primarily of a combination of steel and aluminum.
BIN
Eighteen-gallon blue recycling bin. One bin has been supplied by the City to each residential household.
CONTAINER GLASS
Includes container glass only. Glass does not include ceramic cups, dishes, ovenware, plate glass, safety and window glass, heat-resistant glass such as pyrex, lead-based glass such as crystal, or TV tubes.
CORRUGATED CARD
Includes corrugated card only. Does not include waxed card or chip such as cereal boxes, shoe boxes and similar materials.
ELECTRONIC DEVICES
Includes all computers (including but not limited to desktops and laptops), televisions, printers, copiers, fax machines, computer monitors, mice and keyboards, DVD players, DVRs, VCRs, cellular phones (no batteries), toasters, blenders, hair dryers, curling irons, power tools, fans, phones and stereo equipment, and as defined in §§ 287.07(5) and 287.17(1), Wis. Stats.
[Added 5-10-2011 by Ord. No. 558]
HDPE
High-density polyethylene plastic containers marked by the SPI Code No. 2.
LDPE
Low-density polyethylene plastic containers marked by the SPI Code No. 4.
MAGAZINE
Magazines and other materials printed on similar paper.
MAJOR APPLIANCE
A residential or commercial air conditioner, clothes dryer, clothes washer, dishwasher, freezer, oven, microwave oven, furnace, boiler, dehumidifier, water heater, refrigerator or stove.
MIXED OR OTHER PLASTIC RESIN TYPES
Plastic containers marked by the SPI Code No. 7.
MIXED PAPERS
Includes all grades of papers, including white, colored, ledger, shiny, coated, carbonless or NCR papers; envelopes, including windowed, labeled and kraft; magazines; telephone books; computer printout paper; glued pads and tablets; file folders; key punch cards; spiral notebooks; cereal boxes; shoe boxes; etc., and can include paper clips and staples. Does not include hand towels or other paper products from rest rooms or soiled napkins and paper plates. Also does not include carbon paper, cellophane or any waxed paper.
MULTIFAMILY DWELLING
A property containing five or more residential units, including those which are occupied seasonally.
NEWSPAPER
Includes newspapers and newspaper advertisements; does not include catalogues, magazines, cards or other paper products.
NONRESIDENTIAL FACILITIES AND PROPERTIES
Commercial, retail, industrial, institutional and governmental facilities and properties. This term does not include multifamily dwellings.
OFFICE PAPER
High-grade printing and writing papers from offices in nonresidential facilities and properties.
PERSON
Includes any individual, corporation, partnership, association, local governmental unit, state agency or authority, or federal agency.
PETE
Polyethylene terephthalate plastic containers marked by the SPI Code No. 1.
PLASTIC BOTTLE
Includes only plastic bottles clearly marked with the recycling emblem, encircling the No. 1 (PET or PETE) or the No. 2 (HDPE); does not include motor oil bottles even if they are labeled No. 1 or No. 2.
POST-CONSUMER WASTE
Solid waste other than solid waste generated in the production of goods and hazardous waste as defined in § 289.01(12), Wis. Stats.
PS
Polystyrene plastic containers marked by the SPI Code No. 6.
PVC
Polyvinyl chloride plastic containers marked by the SPI Code No. 3.
RECYCLABLE MATERIAL
Includes lead acid batteries, major appliances, waste oil, yard waste, aluminum cans, container glass, corrugated card, mixed papers, newspapers, No. 1 through No. 7 plastics, tin cans and waste tires.
SOLID WASTE
The meaning specified in § 289.01(33), Wis. Stats.
SOLID WASTE FACILITY
The meaning specified in § 289.01(35), Wis. Stats.
SOLID WASTE TREATMENT
Any method, technique or process which is designed to change the physical, chemical or biological character or composition of solid waste. "Treatment" includes incineration.
TIN CAN
Includes tin-coated metal cans and steel containers.
WASTE TIRE
A tire that is no longer suitable for its original purpose because of wear, damage or defect.
YARD WASTE
Leaves, grass clippings, yard and garden debris, and brush, including clean wood vegetative material no greater than six inches in diameter. This term does not include stumps, roots or shrubs with intact root balls.
(10) 
Separation of recyclable materials.
(a) 
Occupants of single-family and two- to four-unit residences, multifamily dwellings and nonresidential facilities and properties shall separate the following materials from post-consumer waste:
1. 
Aluminum cans.
2. 
Container glass.
3. 
Corrugated card.
4. 
Mixed papers.
5. 
Newspapers.
6. 
No. 1 and No. 2 plastic bottles.
7. 
Tin cans.
8. 
Waste tires.
9. 
Major appliances.
10. 
Waste oil.
11. 
Lead acid batteries.
12. 
Yard waste.
13. 
Electronic devices.
[Added 5-10-2011 by Ord. No. 558]
(b) 
The Council reserves the right to designate additional solid waste materials as recyclable or currently collected materials as no longer recyclable in accordance with state law and to either add or delete them from any collection services provided by the City or its contractors. The City shall provide written notice to service recipients of this declaration.
(11) 
Separation of recycling materials effective January 1, 1996. Effective January 1, 1996, occupants of single-family and two- to four-unit residences, multifamily dwellings and nonresidential facilities and properties shall separate the following materials from post-consumer waste:
(a) 
Foam polystyrene packaging.
(b) 
Plastic containers made of PETE No. 1 and HDPE No. 2.
(c) 
Plastic containers or bottles made of PVC No. 3, LDPE No. 4, PP No. 5, PS No. 6 and mixed or other plastic resin types No. 7.
(12) 
Separation requirements exempted. The separation requirements of Subsections (10) and (11) above do not apply to the following:
(a) 
Occupants of single-family and two- to four-unit residences, multifamily dwellings and nonresidential facilities and properties that send their post-consumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources that recovers the materials specified in Subsections (10) and (11) above from solid waste in as pure a form as is technically feasible.
(b) 
Solid waste which is burned as a supplemental fuel at a facility if less than 30% of the heat input to the facility is derived from the solid waste burned as supplemental fuel.
(c) 
A recyclable material specified in Subsections (10) and (11) above for which a variance has been granted by the Department of Natural Resources under § 287.07(7)(d) or § 287.11(2m), Wis. Stats., or § NR 544.14, Wis. Adm. Code.
(13) 
Care of recyclable materials. To the greatest extent practicable, the recyclable materials separated in accordance with Subsections (10) and (11) above shall be clean and kept free of contaminants such as food or product residue, oil or grease, or other nonrecyclable materials, including, but not limited to, household hazardous waste, medical waste and agricultural chemical containers. Recyclable materials shall be stored in a manner which protects them from wind, rain and other inclement weather conditions.
(14) 
Management of lead acid batteries, major appliances, electronic devices, waste oil and yard waste. Occupants of single-family and two- to four-unit residences, multifamily dwellings and nonresidential facilities and properties shall manage lead acid batteries, major appliances, electronic devices, waste oil, yard waste and waste tires as follows:
[Amended 5-10-2011 by Ord. No. 558]
(a) 
Major appliances shall be recycled at a retail business that sells appliances and accepts used appliances for the purpose of recycling or at a solid waste facility such as Valley Sanitation or Tork Landfill that accepts appliances for the purpose of recycling or placed in the same location as specified for garbage collection for municipal pickup. Any fee imposed for the recycling of used appliances shall be the responsibility of the generator.
(b) 
Lead acid batteries shall be recycled at a retail business that sells lead acid batteries and accepts used batteries for the purpose of recycling or at a solid waste facility such as Valley Sanitation or Tork Landfill. Any fee imposed for the recycling of used batteries shall be the responsibility of the generator.
(c) 
Waste oil shall be recycled at a retail business that sells oil or automotive products and accepts oil for the purpose of recycling at an oil refinery such as Rock Oil Refinery or at a solid waste facility such as Valley Sanitation or Tork Landfill or placed in a clearly marked, rigid, closed disposal container not to exceed one gallon in capacity and placed in the same location as specified for garbage collection for municipal pickup. Any fee imposed for the recycling of used oil shall be the responsibility of the generator.
(d) 
Yard waste shall either be home composted using an effective backyard compost system or transported by the Public Works Department to the City compost site. No yard waste shall be disposed of as general waste. Yard waste must be placed in the same location as specified for garbage collection. Leaves, brush and grass clippings must be in separate piles.
(e) 
Waste tires shall be recycled at a retail business that sells tires or automotive products and accepts tires for the purpose of recycling or at a solid waste facility such as Valley Sanitation or Tork Landfill. Any fee charged for the pickup of used tires shall be the responsibility of the generator.
(f) 
Electronic devices shall be recycled by a registered recycler. Any fee imposed for the recycling of electronic devices shall be the responsibility of the generator.
(15) 
Preparation and collection of recyclable materials. Except as otherwise directed by the Council, occupants of single-family and two- to four-unit residences shall do the following for the preparation and collection of the separated materials specified in Subsection (10)(a)1 through 7 above:
[Amended 5-10-2011 by Ord. No. 558]
(a) 
All recyclables shall be commingled in the eighteen-gallon recycling bin provided by the City and placed curbside by 7:00 a.m. on the scheduled collection day.[1]
1. 
Aluminum cans shall be empty.
2. 
Container glass shall be cleaned with caps and neck rings removed. Labels can remain on glass. Glass must be color separated into clear, brown and green, and blue glass shall be placed with green glass. Glass should not be broken.
3. 
Corrugated card shall be clean and must be flattened and bundled in bundles.
4. 
Mixed papers shall be bundled in bundles or placed in a brown paper grocery bag.
5. 
Newspaper shall be bundled in bundles or placed in a brown paper grocery bag.
6. 
Plastic bottle caps shall be removed. Labels can remain on plastic. Clean and flatten all bottles.
7. 
Tin cans shall be clean, labels shall be removed, both ends shall be cut out, and cans shall be flattened. Cutout ends are recyclable. Tin cans with molded or round bottoms can be recycled without the molded or round bottom removed.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, General Provisions, Art. II).
(b) 
The hauler has the right to reject or leave at the curb any recyclable material that is not prepared according to the specifications of Subsection (15)(a)1 through 7 above or in education materials provided by the contractor or the City to the service recipients. Materials may also be rejected if not separated from solid waste, placed in the proper container or are not designated recyclable materials for collection. The hauler also has the right to refuse to pick up any solid waste if it contains recyclable containers and materials. In such cases, the hauler shall notify, in writing, the generator of the materials about the reasons for rejecting the items.
(16) 
Responsibilities of owners or designated agents of multifamily dwellings.
(a) 
Owners or designated agents of multifamily dwellings shall do all of the following to recycle the materials specified in Subsection (10)(a)1 through 7 and Subsection (11)(a) and (b) above:
1. 
Provide adequate separate containers for the recyclable materials.
2. 
Notify tenants, in writing, at the time of renting or leasing the dwelling and at least semiannually thereafter about the established recycling program.
3. 
Provide for the collection of the materials separated from the solid waste by the tenants and the delivery of the materials to a recycling facility.
4. 
Notify tenants of reasons to reduce and recycle solid waste, which materials are collected, how to prepare the 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 telephone number.
(b) 
The requirements specified in Subsection (16)(a) above do not apply to the owners or designated agents of multifamily dwellings if the post-consumer waste generated within the dwelling is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in Subsection (10)(a)1 through 7 and Subsection (11)(a) and (b) above from solid waste in as pure a form as is technically feasible.
(17) 
Responsibilities of owners or designated agents of nonresidential facilities and properties.
(a) 
Owners or designated agents of nonresidential facilities and properties shall do all of the following to recycle the materials specified in Subsection (10)(a)1 through 7 and Subsection (11) above:
1. 
Provide adequate separate containers for the recyclable materials.
2. 
Notify, in writing, at least semiannually, all users, tenants and occupants of the properties about the established recycling program.
3. 
Provide for the collection of the materials separated from the solid waste by the users, tenants and occupants and the delivery of the materials to a recycling facility.
4. 
Notify users, tenants and occupants of reasons to reduce and recycle, which materials are collected, how to prepare 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 telephone number.
(b) 
The requirements specified in Subsection (17)(a) above do not apply to the owners or designated agents of nonresidential facilities and properties if the post-consumer waste generated within the facility or property is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in Subsection (10)(a)1 through 7 and Subsection (11) above from solid waste in as pure a form as is technically feasible.
(18) 
Prohibitions on disposal of recyclable materials. No person may dispose of in a solid waste disposal facility any of the materials specified in Subsection (10)(a)1 through 13 above which have been separated for recycling.
[Amended 5-10-2011 by Ord. No. 558]
(19) 
Unlawful removal of recyclables. It shall be unlawful for any person, unless under contract with or licensed by the City, to collect or remove any recyclable material that has been deposited or placed at the curb for the purposes of collection for recycling.
(20) 
Unlawful burning. It shall be unlawful to burn or bury solid waste and recyclables by persons on residential and nonresidential properties. Open burning shall be permitted only of clean wood.
(21) 
Enforcement.
(a) 
Any authorized officer, employee or representative of the City may inspect recyclable materials separated for recycling, post-consumer waste intended for disposal, collection sites and facilities, collection vehicles, collection areas of multifamily dwellings and nonresidential facilities and properties, solid waste disposal facilities and solid waste treatment facilities and any record relating to recycling for the purpose of ascertaining compliance with the provisions of this section. No person may refuse access to any authorized officer, employee or authorized representative of the City who requests access for purposes of inspection and who presents appropriate credentials. No person may obstruct, hamper or interfere with such an inspection.
(b) 
Any person who violates a provision of this section may be issued a citation by a police officer to collect forfeitures. The issuance of a citation shall not preclude proceedings 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 subsection.
(c) 
Penalties. Any person or legal entity violating any of the provisions of this section shall, upon conviction thereof, forfeit not less than $20 for the first violation, $40 for the second violation within two years and $75 for a third or subsequent violation within two years, plus costs of prosecution. Each day such violation continues constitutes a separate offense. If in default of payment of forfeiture and costs, he shall be imprisoned in the county jail until payment of such forfeitures and costs of prosecution, but not exceeding 30 days for each violation of this section.

§ 11.10 Smoking regulations.

[Added 6-8-2010 by Ord. No. 552]
(1) 
Purpose. The purposes of this section are:
(a) 
To protect the public health and welfare by prohibiting smoking in public places and places of employment; and
(b) 
To guarantee the right of nonsmokers to breathe smoke-free air.
(2) 
Definitions. As used in this section, the following terms shall have the meanings indicated:
BAR
An establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including but not limited to taverns, nightclubs, cocktail lounges, and cabarets.
CHILD-CARE FACILITY
Any state-licensed or county-certified child-care facility, including but not limited to licensed family day-care or licensed group day-care centers, licensed day camps, certified school-age programs and Head Start programs.
EDUCATIONAL FACILITY
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.
EMPLOYEE
Any person who is employed by any employer for direct or indirect monetary wages or profit, including those full-time, part-time, temporary or contracted for from a third party; "employee" also means any person who serves as a volunteer for a business or nonprofit entity.
EMPLOYER
Any person, partnership, limited-liability company, corporation, or other entity, including a public or nonprofit entity who employs the services of one or more individual persons.
ENCLOSED AREA
All space between a floor and a ceiling that is closed in on all sides by doors, walls, or windows, whether open or closed, the combination of which extend from the floor to the ceiling. A wall includes any physical barrier, whether temporary or permanent.
HEALTH CARE FACILITY
An office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including but not limited to hospitals, rehabilitation hospitals or other clinics, including weight-control clinics, nursing homes, long-term-care facilities, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, psychiatrists, dentists, and all specialists within these professions. This definition shall include all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within health care facilities.
PERSON IN CHARGE
The person who ultimately controls, governs or directs the activities aboard a public conveyance or within or at a place where smoking is regulated under this section, regardless of the person's status as owner or lessee.
PLACE OF EMPLOYMENT
Any indoor area at which two or more individuals perform any type of a service for consideration of payment under any type of contractual relationship, including, but not limited to, an employment relationship with or for a private corporation, partnership, individual or government agency. "Place of employment" includes any indoor area where two or more individuals gratuitously perform services for which individuals are ordinarily paid. A "place of employment" includes, but is not limited to, public conveyances, factories, warehouses, offices, retail stores, restaurants, bars, banquet facilities, theaters, food stores, banks, financial institutions, employee cafeterias, lounges, auditoriums, gymnasiums, rest rooms, elevators, hallways, museums, libraries, bowling establishments, health care facilities, and rooms or areas containing office equipment used in common. Vehicles used in whole or in part for work purposes are places of employment during hours of operation if more than one person is present. An area in which work is performed in a private residence is a place of employment during hours of operation if:
(a) 
The homeowner uses the area exclusively and regularly as a principal place of business and has one or more on-site employees; or
(b) 
The homeowner uses the area exclusively and regularly as a place to meet or deal with patients, clients, or customers in the normal course of the homeowner's trade or business.
PRIVATE RESIDENCE
Premises owned, rented or leased for temporary or permanent habitation.
PUBLIC PLACE
Any enclosed, indoor areas used by the general public, including, but not limited to, restaurants, bars, and other food or liquor establishments; retail stores and other commercial establishments; educational facilities, both public and private; hospitals; nursing homes; auditoriums; sports arenas, including enclosed areas in outdoor arenas; public transportation vehicles, including buses and taxicabs, and ticket, boarding and waiting areas of public transportation facilities; meeting rooms, elevators, polling places, rest rooms, lobbies, reception areas, hallways and other common-use areas; and common areas of apartment buildings and other multiple-unit residential facilities.
RETAIL TOBACCO STORE
A retail establishment that derives more than 80% of its gross revenue from the sale of cigars, cigarettes, pipes, or other smoking devices for burning tobacco and related smoking accessories and in which the sale of other products is merely incidental. "Retail tobacco store" does not include a tobacco department or section of a larger commercial establishment or any establishment with a Class "B" fermented malted beverages license or "Class B" intoxicating liquor license or any restaurant in existence on May 1, 2008.
ROOM
A space within a building completely enclosed with walls, partitions, floor and ceiling, except for openings for light, ventilation, ingress and egress.
SMOKING
Inhaling or exhaling smoke from any lighted cigarette, cigar, pipe or similar tobacco product or other lighted plant product intended for inhalation. A person having in their possession or control a lighted tobacco product or lighted plant product is also considered smoking.
SPORTS ARENA
Sports pavilions, bleachers, stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and indoor ice rinks, and bowling centers.
TOBACCO BAR
A bar that generates 50% or more of its total annual gross income from the on-site sale of tobacco products, not including any sales from vending machines.
(3) 
Prohibition of smoking in enclosed public places. Except as otherwise provided, it shall be unlawful for any person to smoke in public places, including but not limited to the following:
(a) 
Public forms of transportation, including but not limited to motor buses, taxicabs, or other public passenger vehicles.
(b) 
Theatres, libraries, museums, auditoriums, and convention halls that are used by or open to the public.
(c) 
Any child-care facility.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, General Provisions, Art. II).
(d) 
Retail stores.
(e) 
Health care facilities.
(f) 
Meeting and conference rooms in which people gather for educational, business, professional, union, governmental, recreational, political or social purposes.
(g) 
Polling places.
(h) 
Service lobbies, waiting areas, and the common areas open to the public of financial institutions, business and professional offices, and multiunit commercial facilities.
(i) 
Self-service laundry facilities.
(j) 
Enclosed, indoor areas of restaurants.
(k) 
Common areas of malls.
(l) 
City buildings.
(m) 
City-owned or leased motor vehicles.
(n) 
Sports arenas, including enclosed places in outdoor arenas.
(o) 
Enclosed, indoor areas of bars.
(p) 
Bed-and-breakfast establishments, hotels and motels.
(q) 
Educational facilities, both public and private.
(4) 
Prohibition of smoking in places of employment.
(a) 
It shall be unlawful for any person to smoke cigarettes or tobacco products in places of employment.
(b) 
Every building that is a place of employment shall have at least one entrance that is smoke-free. For buildings with fewer than four entrances, no more than one entrance may be designated as a smoking entrance. For buildings with four or more entrances, no more than 25% of all entrances may be designated as a smoking entrance.
(5) 
Prohibition of smoking in outdoor areas. Smoking shall be prohibited in the following outdoor places:
(a) 
Within a reasonable distance outside any entrances designated "smoke-free" pursuant to Subsection (4)(b) above, open windows, and intake of ventilation systems of enclosed areas where smoking is prohibited, so as to ensure that tobacco smoke does not enter those areas.
(b) 
In all outdoor arenas, stadiums, and amphitheaters, except in designated smoking areas, which may be established only in perimeter areas at least 15 feet from any seating areas or concession stands. Smoking shall also be prohibited in, and within 15 feet of, bleachers and grandstands for use by spectators at sporting and other public events.
(c) 
In outdoor common areas of nursing homes, except in designated smoking areas, which must be located at least 15 feet outside entrances, operable windows, and ventilation systems of enclosed areas where smoking is prohibited.
(6) 
Where smoking is not regulated. The following areas shall not be subject to the smoking restrictions of this section:
(a) 
Private residences, except when used as a child-care, adult day-care, or health care facility.
(b) 
Outdoor areas of places of employment, except those covered by the provisions of Subsection (5)(b).
(7) 
Signage.
(a) 
"Smoke-Free Establishment" or "No Smoking" signs or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly and conspicuously posted in every public place and place of employment where smoking is prohibited by this section by the owner, operator, manager, or other person in control of that place. Signs shall reference "Nekoosa Ordinance 11.10."
(b) 
"Smoking Allowed" signs shall be clearly and conspicuously posted in every public place and place of employment where smoking is not prohibited by this section by the owner, operator, manager, or other person in control of that place. Signs shall reference "Nekoosa Ordinance 11.10."
(c) 
Every public place and place of employment where smoking is prohibited by this section shall have posted at every entrance a sign, not smaller than 11 inches by 8 1/2 inches, clearly stating that smoking is prohibited. Each sign and the language contained therein shall be clearly visible from a distance of at least 10 feet. Every vehicle that constitutes a place of employment under this section shall have at least one conspicuous sign, visible from the exterior of the vehicle, clearly stating that smoking is prohibited.
(d) 
All ashtrays shall be removed from any area where smoking is prohibited by this section by the owner, operator, manager, or other person having control of the area.
(e) 
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.
(8) 
Nonretaliation; nonwaiver of rights.
(a) 
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 section or reports or attempts to prosecute a violation of this section. Notwithstanding Subsection (10), violation of this subsection shall be punishable by a fine not to exceed $1,000 for each violation.
(b) 
An employee who works in a setting where an employer allows smoking does not waive or otherwise surrender any legal rights the employee may have against the employer or any other party.
(9) 
Enforcement.
(a) 
This section shall be enforced by the Police Chief, Building Inspector, or an authorized designee.
(b) 
Notice of the provisions of this section shall be given in writing to all applicants for a business license in the City of Nekoosa.
(c) 
Any citizen who desires to register a complaint under this section may initiate enforcement with the Chief of Police.
(d) 
The Police Department, Fire Department, Building Inspector, or their designees shall, while an establishment is undergoing otherwise mandated inspections, inspect for compliance with this section.
(e) 
If an owner, manager, operator, or employee of an establishment subject to this section observes a person violating this section, he or she shall immediately direct the person in violation to stop smoking. If the person violating the section does not stop smoking, the owner, manager, operator, or employee shall make reasonable efforts to prevent smoking in prohibited areas by:
1. 
Approaching smokers who fail to voluntarily comply with this section and requesting that they extinguish their cigarette or tobacco product and refrain from smoking; or
2. 
Refusing service to anyone smoking in a prohibited area.
(f) 
In addition to the remedies provided by the provisions of this section, the Chief of Police or any person aggrieved by the failure of the owner, operator, manager, or other person in control of a public place or a place of employment to comply with the provisions of this section may apply for injunctive relief to enforce those provisions in any court of competent jurisdiction.
(10) 
Violations and penalties.
(a) 
A person who smokes in an area where smoking is prohibited by the provisions of this section shall be guilty of an infraction, punishable by:
1. 
A forfeiture not exceeding $100 for a first violation.
2. 
A forfeiture not exceeding $200 for a second violation within one year.
3. 
A forfeiture not exceeding $500 for each additional violation within one year.
(b) 
Except as otherwise provided in Subsection (8)(a), a person who owns, manages, operates, or otherwise controls a public place or place of employment and who fails to comply with the provisions of this section shall be guilty of an infraction, punishable by:
1. 
A forfeiture not exceeding $100 for a first violation.
2. 
A forfeiture not exceeding $200 for a second violation within one year.
3. 
A forfeiture not exceeding $500 for each additional violation within one year.
(c) 
In addition to the forfeitures established by this section, violation of this section 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 to the person for the premises on which the violation occurred.
(d) 
Violation of this section is hereby declared to be a public nuisance, which may be abated by the City by restraining order, preliminary and permanent injunction, or other means provided for by law, and the City may take action to recover the costs of the nuisance abatement.
(e) 
Each day on which a violation of this section occurs shall be considered a separate and distinct violation.
(11) 
Clean indoor air.
(a) 
Intent and construction. The City of Nekoosa finds that it is in the interests of the health, safety and welfare of the community to adopt by reference § 101.123, Wis. Stats., and subsequent amendments, additions and recodifications thereto. It is the intent of this section that where there may be conflict between § 101.123, Wis. Stats., or any subsequent amendments, additions and recodifications thereto, and this section, the provisions of the applicable state statute shall apply. This section shall not be construed to mean that progressive discipline of City employees for violations of laws, rules, and regulations is only authorized where explicitly provided by ordinance.
(b) 
In the event that § 101.123, Wis. Stats., as effective July 5, 2010, is repealed by an act of the Wisconsin Legislature, this section shall be null and void.
(c) 
Penalty. The penalties provided by § 101.123, Wis. Stats., shall be in addition to the penalties provided for violation of this section when a person has violated both laws. In addition to the penalties provided by this section and § 101.123, Wis. Stats., any City employee who violates any provision of this section or § 101.123, Wis. Stats., may also be subject to progressive discipline by his or her employer.

§ 11.15 Violations and penalties. [1]

Except as otherwise specifically provided in this chapter, any person who shall violate any provision of this chapter shall be subject to a penalty as provided in § 25.04 of this Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, General Provisions, Art. II).