[HISTORY: Adopted by the Common Council of the City of Nekoosa 2-9-1988 by Ord. No.
423. Amendments noted where applicable.]
(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.
(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.
(1)
GARBAGE
RUBBISH
(a)
(b)
(c)
Definitions. As used is this section, the following words are defined
as follows:
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]
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]
Building rubbish: includes discarded furniture, bedding, wood
and excelsior, barrels, stoves and other household appliances.
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:
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.
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.
See § 9.12 of this Code.
[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)
ALUMINUM CAN
BIMETAL CONTAINER
BIN
CONTAINER GLASS
CORRUGATED CARD
ELECTRONIC DEVICES
HDPE
LDPE
MAGAZINE
MAJOR APPLIANCE
MIXED OR OTHER PLASTIC RESIN TYPES
MIXED PAPERS
MULTIFAMILY DWELLING
NEWSPAPER
NONRESIDENTIAL FACILITIES AND PROPERTIES
OFFICE PAPER
PERSON
PETE
PLASTIC BOTTLE
POST-CONSUMER WASTE
PS
PVC
RECYCLABLE MATERIAL
SOLID WASTE
SOLID WASTE FACILITY
SOLID WASTE TREATMENT
TIN CAN
WASTE TIRE
YARD WASTE
Definitions. For the purpose of this section, the following words
and phrases shall have the meanings ascribed to them in this subsection:
Includes used beverage cans only.
A container for carbonated or malt beverages that is made
primarily of a combination of steel and aluminum.
Eighteen-gallon blue recycling bin. One bin has been supplied
by the City to each residential household.
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.
Includes corrugated card only. Does not include waxed card
or chip such as cereal boxes, shoe boxes and similar materials.
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]
High-density polyethylene plastic containers marked by the
SPI Code No. 2.
Low-density polyethylene plastic containers marked by the
SPI Code No. 4.
Magazines and other materials printed on similar paper.
A residential or commercial air conditioner, clothes dryer,
clothes washer, dishwasher, freezer, oven, microwave oven, furnace,
boiler, dehumidifier, water heater, refrigerator or stove.
Plastic containers marked by the SPI Code No. 7.
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.
A property containing five or more residential units, including
those which are occupied seasonally.
Includes newspapers and newspaper advertisements; does not
include catalogues, magazines, cards or other paper products.
Commercial, retail, industrial, institutional and governmental
facilities and properties. This term does not include multifamily
dwellings.
High-grade printing and writing papers from offices in nonresidential
facilities and properties.
Includes any individual, corporation, partnership, association,
local governmental unit, state agency or authority, or federal agency.
Polyethylene terephthalate plastic containers marked by the
SPI Code No. 1.
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.
Solid waste other than solid waste generated in the production
of goods and hazardous waste as defined in § 289.01(12),
Wis. Stats.
Polystyrene plastic containers marked by the SPI Code No.
6.
Polyvinyl chloride plastic containers marked by the SPI Code
No. 3.
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.
The meaning specified in § 289.01(33), Wis. Stats.
The meaning specified in § 289.01(35), Wis. Stats.
Any method, technique or process which is designed to change
the physical, chemical or biological character or composition of solid
waste. "Treatment" includes incineration.
Includes tin-coated metal cans and steel containers.
A tire that is no longer suitable for its original purpose
because of wear, damage or defect.
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:
(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:
(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.
(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.
[Added 6-8-2010 by Ord. No. 552]
(2)
BAR
CHILD-CARE FACILITY
EDUCATIONAL FACILITY
EMPLOYEE
EMPLOYER
ENCLOSED AREA
HEALTH CARE FACILITY
PERSON IN CHARGE
PLACE OF EMPLOYMENT
(a)
(b)
PRIVATE RESIDENCE
PUBLIC PLACE
RETAIL TOBACCO STORE
ROOM
SMOKING
SPORTS ARENA
TOBACCO BAR
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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.
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.
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.
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.
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.
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.
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.
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.
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:
The homeowner uses the area exclusively and regularly as a principal
place of business and has one or more on-site employees; or
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.
Premises owned, rented or leased for temporary or permanent
habitation.
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.
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.
A space within a building completely enclosed with walls,
partitions, floor and ceiling, except for openings for light, ventilation,
ingress and egress.
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 pavilions, bleachers, stadiums, gymnasiums, health
spas, boxing arenas, swimming pools, roller and indoor ice rinks,
and bowling centers.
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.
(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:
(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:
(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:
(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:
(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.
