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City of Brodhead, WI
Green County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Brodhead as Title 8, Ch. 1, and Title 9, Ch. 4, of the 1997 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Cigarettes — See Ch. 215.
Nuisances — See Ch. 334.
Sewer use — See Ch. 373.
Solid waste — See Ch. 386.
Water — See Ch. 440.
The Common Council, acting as Board of Health, may make reasonable and general rules for the enforcement of the provisions of this chapter and for the prevention of the creation of health nuisances and the protection of the public health and welfare and may, where appropriate, require the issuance of licenses and permits. All such regulations shall have the same effect as ordinances, and any person violating any of such regulations and any lawful order of the Council shall be subject to the general penalty provided for in this Code.
A. 
Defined. As used in this section, the following terms shall have the meanings indicated:
HEALTH NUISANCE
Any source of filth or cause of sickness.
B. 
Duty to abate. The Common Council shall abate health nuisances pursuant to § 254.59, Wis. Stats., which is adopted by reference and made a part of this section.
No person shall deposit or cause to be deposited in any public street or on any public ground or on any private property not his own any refuse, garbage, litter, waste material or liquid or any other objectionable material or liquid. When any such material is placed on the person's own private property, it shall be properly enclosed and covered so as to prevent the same from becoming a public nuisance.
A. 
Unless delegated to the county, the City Clerk-Treasurer shall annually, on or before May 15, publish as required by state law a notice that every person is required by law to destroy all noxious weeds on lands in the City which he owns, occupies or controls. A joint notice with other towns or municipalities may be utilized.
B. 
If the owner or occupant shall neglect to destroy any weeds as required by such notice, then the Weed Commissioner of the City shall give five days' written notice by mail to the owner or occupant of any lands upon which the weeds shall be growing to the effect that the said Weed Commissioner, after the expiration of the five-day period, will proceed to destroy or cause to be destroyed all such weeds growing upon said lands, and that the cost thereof will be assessed as a tax upon the lands upon which such weeds are located under the provisions of § 66.0407, Wis. Stats. In case the owner or occupant shall further neglect to comply within such five-day notice, then the Weed Commissioner shall destroy such weeds or cause them to be destroyed in the manner deemed to be the most economical method, and the expense thereof, including the cost of billing and other necessary administrative expenses, shall be charged against such lots and be collected as a special tax thereon. To compensate for inspection and administrative costs, a fee as set by resolution of the Common Council will be charged for the second and each subsequent five-day written notice issued pursuant to this section in any calendar year. Such fee shall be charged against such lots which are the subject of the second and subsequent notices and be collected as a special tax thereon.
[Amended 4-12-2010; 4-16-2012[1]]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
As provided for in § 66.0407(3), Wis. Stats., the City shall require that all noxious weeds shall be destroyed prior to the time in which such plants would mature to the bloom or flower state. The growth of noxious weeds in excess of eight inches in height from the ground surface shall be prohibited within the City corporate limits. Noxious weeds shall include any weed, grass or similar plant growth which, if allowed to pollinate, would cause or produce hay fever in human beings or would cause a skin rash through contact with the skin.
[Amended 4-12-2010]
(1) 
Noxious weeds, as regulated in this section and in § 272-6, shall include but not be limited to the following:[2]
Cirsium arvense (Canada thistle)
Ambrosia artemisiifolia (common ragweed)
Ambrosia trifida (great ragweed)
Euphorbia esula (leafy spurge)
Convolvulus arvensis (creeping jenny) (field bindweed)
Tragopogon dubius (goat's beard)
Rhus radicans (poison ivy)
Cirsium vulgare (bull thistle)
Pastinaca sativa (wild parsnip)
Arctium minus (burdock)
Xanthium strumarium (cocklebur)
Amaranthus retroflexus (pigweed)
Chenopodium album (common lambsquarter)
Rumex crispus (curled dock)
Cannabis sativa (hemp)
Plantago lanceolata (English plantain)
Garlic mustard
Spotted knapweed
Birdsfoot trefoil
Sweet clover
Crown vetch
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
Noxious grasses, as regulated in this section and in § 272-6, shall include but not be limited to the following:[3]
Agrostis alba (redtop)
Poa pratensis (Kentucky bluegrass)
Sorghum halepense (johnson grass)
Setaria (foxtail)
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(3) 
Noxious weeds are also the following plants and other rank growth:
Ragweed
Thistles
Smartweed
Dandelions (over eight inches in height)
[Amended 4-12-2010; 6-13-2011[1]]
A. 
"Native landscape" defined. "Native landscape," as used in this section, shall include common species of grass and wildflowers native to North America which are designed and purposely cultivated to exceed eight inches in height from the ground. Specifically excluded in native landscapes are the noxious grasses and weeds identified in § 272-4 if this chapter. When a native landscape exceeds 50% of that portion of a parcel not occupied by structures, the growth of a native landscape in excess of eight inches in height from the ground surface shall be prohibited within the City corporate limits, unless a native landscape management plan is approved and a permit is issued by the City as set forth in this section. Native landscape shall not contain litter or debris and shall not harbor undesirable wildlife.
B. 
"Native landscape management plan" defined.
(1) 
"Native landscape management plan," as used in this section, shall mean a written plan relating to the management and maintenance of a landscape which contains a legal description of landscape upon which the planted grass will exceed eight inches in length, a statement of intent and purpose for the landscape, a detailed description of the vegetational types, plants and plant succession involved, and the specific management and maintenance techniques to be employed.
(2) 
Property owners who wish to plant and cultivate a native landscape must submit their written plan and related information on the form provided by the City. "Property owner" shall be defined to include the legal title holder and/or the beneficial owner of any such lot according to most current City records. Native landscape management plans shall only indicate the planting and cultivating of native landscape on property legally owned by the property owner. Applicants are strictly prohibited from developing a native landscape on any street terrace or street right-of-way. This shall include, at a minimum, property located between the sidewalk and the street or a strip not less than 10 feet adjacent to the street where there is no sidewalk, whether the area is under public or private ownership. In addition, native landscapes shall not be permitted within 10 feet of the abutting property owner's property unless waived in writing by the abutting property owner on the side so affected. Such waiver is to be affixed to the landscape management plan.
(3) 
Any subsequent property owner who abuts an approved native landscape may revoke the waiver, thereby requiring the owner of the native landscape to remove the native landscape that is located in the ten-foot section abutting the neighboring property owner. Such revocation shall be put in writing and presented to the City Clerk-Treasurer by the subsequent abutting property owner. Upon receiving the written request to revoke the original waiver, the Common Council shall contact the owner of the approved native landscape and direct the owner to remove the native landscape located in the ten-foot section abutting the neighboring property owner. The Common Council shall revise the approved native landscape permit accordingly. The owner of the approved native landscape shall be required to remove the ten-foot section abutting the neighboring property owner within 20 days of receipt of the written notification from the City, provided the notification is received sometime between May 1 and November 1. Property owners who receive notification from the City between November 1 and April 30 shall be required to remove the ten-foot section abutting the neighboring property owner no later than May 20 following receipt of the notification.
C. 
Application process.
(1) 
Property owners interested in applying for permission to establish a native landscape shall obtain and complete an application form available from the City Clerk-Treasurer. The completed application shall include a native landscape management plan. Upon submitting a completed application, a nonrefundable filing fee as set by resolution of the Common Council will be assessed by the City. Upon receiving payment, copies of the completed application shall be mailed by the City to each of the owners of record, as listed in the office of the City Assessor, who are owners of the property situated wholly or in part within 300 feet of the boundaries of the properties for which the application is made. If, within 15 calendar days of mailing the copies of the complete application to the neighboring property owners, the City receives written objections from 51% or more of the neighboring property owners, the City Clerk-Treasurer shall immediately deny the application. "Neighboring property owners" shall be defined as all those property owners who are located within 300 feet of the proposed native landscape site.
(2) 
If the property owner's application is in full compliance with the native landscape management plan requirements and less than 51% of the neighboring property owners provide written objections, the City Clerk-Treasurer shall issue a permit to install a native landscape. Such permit shall be valid for three years. Permit renewals shall follow the procedures in this section.
D. 
Application for appeal. The property owner may appeal the Clerk-Treasurer's decision to deny the native landscape permit request to the Common Council at an open meeting. All applications for appeal shall be submitted within 15 calendar days of the notice of denial of the native landscape management plan. The decision rendered by the Common Council shall be final and binding.
E. 
Safety precautions for natural grass areas.
(1) 
When, in the opinion of the Fire Chief of the District serving the City of Brodhead, the presence of a native landscape may constitute a fire or safety hazard due to weather and/or other conditions, the Fire Chief may order the cutting of native landscape to a safe condition. As a condition of receiving approval of the native landscape permit, the property owner shall be required to cut the native landscape within the three days upon receiving written direction from the Fire Chief.
(2) 
Native landscapes shall not be removed through the process of burning unless stated and approved as one of the management and maintenance techniques in the landscape management plan. The Fire Chief shall review all requests to burn native landscapes and shall determine if circumstances are correct and all applicable requirements have been fulfilled to insure public safety. Burning of native landscapes shall be strictly prohibited unless a written permit to burn is issued by the Fire Chief. The Fire Chief shall establish a written list of requirements for considering each request to burn native landscapes, thereby insuring the public safety. In addition, the property owner requesting permission to burn the native landscape shall produce evidence of property damage and liability insurance identifying the City as a party insured. A minimum amount of acceptable insurance shall be $300,000.
F. 
Revocation of an approved native landscape permit. The Mayor, upon the recommendation of the Weed Commissioner, shall have the authority to revoke an approved native landscape permit if the owner fails to maintain the native lawn or comply with the provisions set forth in this section. Notice of intent to revoke an approved native lawn management plan permit shall be appealable to the Common Council. All applications for appeal shall be submitted within 15 calendar days of receipt of written notice of intent to revoke the approved native landscape management plan. Failure to file an application for appeal within the 15 calendar days shall result in the revoking of the native landscape permit. All written applications for appeal filed within the fifteen-calendar-day requirement shall be reviewed by the Common Council in an open meeting. The decision rendered by the Common Council shall be final and binding.
G. 
"Public nuisance" defined; abatement after notice.
(1) 
The growth of a native landscape as defined in this section shall be considered a public nuisance, unless a native landscape management plan has been filed and approved and a permit is issued by the City as set forth in this section. Violators shall be served with a notice of public nuisance by certified mail to the last known mailing address of the property owner.
(2) 
If the person so served with a notice of public nuisance violation does not abate the nuisance within 10 days, the enforcement officer may proceed to abate such nuisance, keeping an account of the expense of the abatement, and such expense shall be charged to and paid by such property owner. Notice of the bill for abatement of the public nuisance shall be mailed to the owner of the premises and shall be payable within 10 calendar days from receipt thereof. Within 60 days after such costs and expenses are incurred and remain unpaid, the City Clerk-Treasurer shall enter those charges onto the tax roll as a special tax as provided by state statute.
(3) 
The failure of the City Clerk-Treasurer to record such claim or to mail such notice or the failure of the owner to receive such notice shall not affect the right to place the City expense on the tax rolls for unpaid bills for abating the public nuisance as provided for in this section.
H. 
Penalty.
(1) 
Any person, firm or corporation which does not abate the nuisance within the required time period or who otherwise violates the provisions of this section shall be subject to the general penalty found in § 1-4.
(2) 
In addition to any penalties herein provided, the City may issue stop-work orders upon owners of lots where work is unfinished under a previously issued building permit for any violation of this section.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Purpose. This section is adopted due to the unique nature of the problems associated with lawns, grasses and noxious weeds being allowed to grow to excessive length in the City of Brodhead.
B. 
Public nuisance declared. The Common Council finds that lawns, grasses and noxious weeds on lots or parcels of land within the City of Brodhead which exceed eight inches in length adversely affect the public health and safety of the public in that they tend to emit pollen and other discomforting bits of plants, constitute a fire hazard and a safety hazard in that debris can be hidden in the grass, interfere with the public convenience and adversely affect property values of other land within the City. For that reason, grass or weeds on a lot or other parcel of land which exceeds eight inches in length is hereby declared to be a public nuisance, except for property located in a designated floodplain area and/or wetland area or where the lawn, grass or weed is part of a native landscape as defined in § 272-5A. This section does not apply to crops grown in conformity with the provisions of Chapter 480, Zoning, of the Code of the City of Brodhead.
[Amended 6-13-2011; 4-16-2012]
C. 
Agricultural exemption.
[Added 4-16-2012]
(1) 
Lots or parcels of land which are used for the growing of crops in conformity with the provisions of Chapter 480, Zoning, of the Code of the City of Brodhead may apply for an exemption to the provisions of this section by filing an application therefor with the City Clerk-Treasurer. The completed application shall include a lawn management plan. Upon submitting a completed application, a nonrefundable filing fee as set by resolution of the Common Council will be assessed by the City. On receiving payment, copies of the completed application shall be mailed by the City to each of the owners of record, as listed in the office of the City Assessor, who are owners of property situated wholly or in part within 300 feet of the boundaries of the properties for which the application is made. If, within 15 calendar days of mailing the copies of the completed application to the neighboring property owners, the City receives objections from 51% or more of the neighboring property owners, the City Clerk-Treasurer shall deny the application. "Neighboring property owners" shall be defined as all those property owners who have property located within 300 feet of the proposed agricultural use property.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
If the property owner's application is properly filed and less than 51% of the neighboring property owners provide written objections, the City Clerk-Treasurer shall issue a permit exempting the property from the provisions of this section. Such permit shall be valid for three years. Permit renewal shall follow the procedures in this section.
(3) 
The property owner may appeal the Clerk-Treasurer's decision to deny the agricultural use exemption permit request to the Common Council at an opening meeting. All applications for appeal shall be submitted within 15 calendar days of the notice of the denial of the agricultural use exemption. A decision rendered by the Common Council on the appeal shall be final and binding.
D. 
Nuisances prohibited. No person, firm or corporation shall permit any public nuisance as defined in Subsection B above to remain on any premises owned or controlled by him within the City.
E. 
Inspection. The Weed Commissioner or his designee shall inspect or cause to be inspected all premises and places within the City to determine whether any public nuisance as defined in Subsection B above exists.
F. 
Abatement of nuisance.
(1) 
If the Weed Commissioner shall determine with reasonable certainty that any public nuisance as defined in Subsection B above exists, he shall immediately cause written notice to be served that the City proposes to have the lot grass or lawn cut so as to conform with this section and § 272-5.
(2) 
The notice shall be served at least five days prior to the date of the hearing and shall be mailed or served on the owner of the lot or parcel of land or, if he/she is not known and there is a tenant occupying the property, then to the tenant, of the time and place at which the hearing will be held.
G. 
Due process hearing. If the owner believes that his grasses or weeds are not a nuisance, he/she may request a hearing before the Common Council. The request for said hearing must be made in writing to the City Clerk-Treasurer's office within the five days set forth in the Weed Commissioner's notice. Upon application for the hearing, the property owner must deposit a bond of $25. If a decision is rendered in the property owner's favor, the $25 will be returned to the property owner. If the property owner fails to appear for the hearing or if the decision is rendered against the property owner, the deposit shall be forfeited and applied to the cost of City personnel abating the nuisance, if necessary. When a hearing is requested by the owner of the property, a hearing by the Common Council shall be held within seven days from the date of the owner's request. The property in question will not be mowed by the City until such time as the hearing is held by the Common Council. At the hearing, the owner may appear in person or by his attorney, may present witnesses in his/her own behalf and may cross-examine witnesses presented by the City as well as subpoena witnesses for his/her own case. At the close of the hearing, the Common Council shall make its determination in writing specifying its findings, facts, and conclusions. If the Common Council determines that a public nuisance did exist, the Common Council shall order the Weed Commissioner to mow the property in question, unless the property has been mowed by the owner within 48 hours of the Common Council's decision. If the owner does not abate the nuisance within the described 48 hours, the Weed Commissioner shall cause the same nuisance to be abated and cost in excess of the forfeited fee assessed accordingly.
H. 
City's option to abate nuisance. In any case where the owner, occupant or person in charge of the property shall fail to cut his lawn, grass or weeds as set forth above, then, and in that event, the City may elect to cut said lawn, grass or weeds as follows:
(1) 
The written notice required in Subsection F shall inform said person that, in the event of his failure to abate the nuisance within the prescribed time, the City shall abate the same and the cost thereof shall be assessed to the property owner as a special charge.
(2) 
The City shall cut or cause to be cut all grass and weeds from the subject's property and shall charge the expenses of so doing at a rate as established by resolution by the Common Council. The charges shall be set forth in a statement to the City Clerk-Treasurer who, in turn, shall mail the same to the owner, occupant or person in charge of the subject premises. If said statement is not paid in full within 30 days thereafter, the City Clerk-Treasurer shall enter the charges in the tax roll as a special tax against said lot or parcel of land, and the same shall be collected in all respects like other taxes upon real estate, or as provided under § 66.0907(3)(f), Wis. Stats.
A. 
Definitions. The following definitions shall be applicable in this section:
HARDWARE CLOTH
Wire screening of such thickness and spacing as to afford reasonable protection against the entrance of rodents.
OWNER or MANAGER
Whenever any person or persons shall be in actual possession of or have charge, care or control of any property within the City, as executor, administrator, trustee, guardian or agent, such person or persons shall be deemed and taken to be the owner or owners of such property within the true intent and meaning of this section and shall be bound to comply with the provisions of this section to the same extent as the owner, and notice to any such person of any order or decision of the Building Inspector or his designee shall be deemed and taken to be a good and sufficient notice, as if such person or persons were actually the owner or owners of such property, except that, whenever an entire premises or building is occupied as a place of business, such as a store, factory, warehouse, rooming house, junkyard, lumberyard or any other business under a single management, the person, firm or corporation in charge of such business shall be considered the owner or manager.
RODENT
All nuisance animals.
RODENT HARBORAGE
Any place where rodents can live and nest without fear of frequent molestation or disturbance.
RODENTPROOF CONTAINER
A container constructed of concrete or metal, or the container shall be lined with metal or other material that is impervious to rodents, and openings into the container such as doors shall be tight-fitting to prevent the entrance of rodents.
RODENTPROOFING
Consists of closing openings in building foundations and openings under and around doors, windows, vents and other places which could provide means of entry for rodents with concrete, sheet iron, hardware cloth or other types of rodentproofing material approved by the City.
B. 
Elimination of rodent harborages. Whenever accumulations of rubbish, boxes, lumber, scrap metal, car bodies or any other materials provide rodent harborage, the person, firm or corporation owning or in control of such materials shall cause the materials to be removed, or the materials shall be stored so as to eliminate the rodent harborage. Lumber boxes and similar materials shall be neatly piled. These piles shall be raised at least a foot above the ground. When the owner of the materials cannot be found after a reasonable search, the owner or manager of the premises on which the materials are stored shall be responsible for disposal, or proper piling, of the materials.
C. 
Elimination of rodent feeding places. No person, firm or corporation shall place, or allow to accumulate, any materials that may serve as a food for rodents in a site accessible to rodents. Any waste material that may serve as food for rodents shall be stored in rodentproof containers. Feed for birds shall be placed on raised platforms, or such feed shall be placed where it is not accessible to rodents.
D. 
Extermination. Whenever rodent holes, burrows or other evidence of rodent infestation are found on any premises or in any building within the City, it shall be the duty of the owner or manager of such property to exterminate the rodents or to cause the rodents to be exterminated. Within 10 days after extermination, the owner or manager shall cause all of the rodent holes or burrows in the ground to be filled with earth or other suitable material.
E. 
Rodentproofing. It shall be the duty of the owner or manager of any building in the City of Brodhead to make such building reasonably rodentproof, to replace broken basement windows and, when necessary, to cover the basement window openings with hardware cloth or other suitable material for preventing rodents from entering the building through such window openings.
A. 
Purpose and intent. The purpose of this section is to promote the recycling of yard wastes and certain kitchen wastes through composting and to establish minimum standards for proper compost maintenance.
B. 
Definitions. In this section, the following terms shall have the meanings indicated.
COMPOSTING
The controlled biological reduction of organic waste to humus.
KITCHEN WASTE
Any uncooked plant matter not contaminated by or containing meat, fish and/or dairy products.
YARD WASTE
The organic waste produced from the growing, trimming, and removal of grass, branches (not exceeding one inch in diameter), bushes, shrubs, plants, leaves and garden debris.
C. 
Maintenance. All compost piles shall be maintained using approved composting procedures to comply with the following requirements:
(1) 
All compost piles shall be enclosed in a freestanding compost bin. Each compost bin shall be no larger in volume than 125 cubic feet and shall be no taller than 42 inches.
(2) 
All compost bins shall be so maintained as to prevent the attraction or harborage of rodents and pests. The presence of rodents in or near a compost bin shall be cause for the City to proceed under § 272-7.
(3) 
All compost bins shall be so maintained as to prevent unpleasant odors.
(4) 
No compost bin shall be allowed to deteriorate to such condition as to be a blighting influence on the surrounding property or neighborhood or City in general.
(5) 
Setback requirements.
(a) 
All compost bins shall be located not less than three feet from a property line or principal building or dwelling and three feet from any detached accessory building.
(b) 
A variance from these setback requirements may be applied for if the property owner(s) can show a hardship exists which prohibits compliance. In addition, any variance application must include a signed written approval of the variance request from the adjacent property owner(s). Variances can be granted by the Building Inspector on an annual basis upon the proper application being submitted by the property owner(s). Screening and/or fencing of compost bins may be required as a condition of a variance being granted.
(6) 
No compost bin shall be located in any yard except a rear yard, as defined in Chapter 480, Zoning, unless a variance is granted by the Zoning Board of Appeals.
(7) 
Those composting bins which existed prior to the adoption of this section shall be given one year to comply with the requirements set forth herein.
D. 
Ingredients.
(1) 
No compost bin shall contain any of the following:
(a) 
Lakeweeds;
(b) 
Cooked food scraps of any kind or type;
(c) 
Fish, meat or other animal products;
(d) 
Manures;
(e) 
Large items that will impede the composting process.
(2) 
Permitted ingredients in a compost bin shall include the following:
(a) 
Yard waste;
(b) 
Coffee grounds and used tea leaves;
(c) 
Uncooked plant matter not contaminated by or containing meat, fish, and/or dairy products;
(d) 
Commercial compost additives.
E. 
Owner responsibility. Every owner or operator shall be responsible for maintaining all property under his or her control in accordance with the requirements of this section.[1]
[1]
Editor's Note: Original § 8-1-9, Compulsory connection to sewer and water, of the 1997 Code, which immediately followed this section, was repealed 3-17-2015.
[Added 6-29-2010]
A. 
Definitions. In this section, the following words and phrases shall have the meanings assigned to them. Words and phrases not herein otherwise defined shall have the meanings accepted by common use.
ASSISTED LIVING FACILITY
A community-based residential facility, as defined in § 50.01(1g), Wis. Stats., a residential care apartment complex, as defined in § 50.01(f), Wis. Stats., or an adult family home, as defined in § 50.01(1)(b), Wis. Stats.
CORRECTIONAL FACILITY
Any of the following:
(1) 
A state prison, as defined or named in § 302.01, Wis. Stats., except a correctional institution under § 301.046(1), Wis. Stats., or § 301.048(4)(b), Wis. Stats., if the institution is the prisoner's place of residence and no one is employed there to ensure the prisoner's incarceration.
(2) 
A juvenile detention facility, as defined in § 938.02(10r), Wis. Stats., or a juvenile correctional facility, as defined in § 938.02(10p), Wis. Stats., except a juvenile correctional facility authorized under § 938.533(3)(b), 938.538(4)(b) or 938.539(5), Wis. Stats., if the facility is a private residence in which the juvenile is placed and no one is employed there to ensure that the juvenile remains in custody.
(3) 
A jail, as defined in § 165.85(2)(bg), Wis. Stats., a Huber facility under § 303.09, Wis. Stats., a work camp under § 303.10, Wis. Stats., a reforestation camp under § 303.07, Wis. Stats., or a lockup facility under § 302.30, Wis. Stats.
ELECTRONIC NICOTINE DELIVERY SYSTEM
Any product containing or delivering nicotine, or any other substance, whether natural or synthetic, intended for human consumption through the inhalation of aerosol or vapor from the product. The term "electronic nicotine delivery system" includes any component part of a product, whether or not marketed or sold separately, but is not limited to, devices manufactured, marketed, or sold as vapes, vaporizers, vape pens, hookah pens, electronic cigarettes (e-cigarettes, e-cigs or e-cigars), and e-pipes, mods, tank systems, or under any other product name or descriptor for the delivery of noncombustible nicotine or tobacco product.
[Added 8-12-2019 by Ord. No. 2019-010]
ENCLOSED PLACE
A structure or area that has all of the following:
(1) 
A roof.
(2) 
More than two substantial walls.
INPATIENT HEALTH CARE FACILITY
A hospital, as defined in § 50.33(2), Wis. Stats., a county home established under § 49.70, Wis. Stats., a county infirmary established under § 49.72, Wis. Stats., a nursing home, as defined in § 50.01(3), Wis. Stats., a hospice, as defined in § 50.90(1), Wis. Stats., a Wisconsin veterans home under § 45.50, Wis. Stats., or a treatment facility.
LODGING ESTABLISHMENT
Any of the following:
(1) 
A bed-and-breakfast establishment, as defined in § 254.61, Wis. Stats.
(2) 
A hotel, as defined in § 254.61(3), Wis. Stats.
(3) 
A tourist rooming house, as defined in § 254.61(6), Wis. Stats.
PERSON IN CHARGE
The person, or his or her agent, who ultimately controls, governs or directs the activities aboard a public conveyance or at a location where smoking is prohibited or regulated under this section.
PLACE OF EMPLOYMENT
Any enclosed place that employees normally frequent during the course of employment, including an office, a work area, an elevator, an employee lounge, a restroom, a conference room, a meeting room, a classroom, a hallway, a stairway, a lobby, a common area, a vehicle, or an employee cafeteria.
PRIVATE CLUB
A facility used by an organization that limits its membership and is organized for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose.
PUBLIC CONVEYANCE
A mass transit vehicle as defined in § 340.01(28m), Wis. Stats., a school bus as defined in § 340.01(56), Wis. Stats., or any other device by which persons are transported, for hire, on a highway or by rail, water, air, or guide wire within this state, but does not include such a device while providing transportation in interstate commerce.
PUBLIC PLACE
Any enclosed place that is open to the public, regardless of whether a fee is charged, or a place to which the public has lawful access or may be invited.
RESTAURANT
An establishment as defined in § 254.61(5), Wis. Stats.
RETAIL ESTABLISHMENT
Any store or shop in which retail sales is the principal business conducted.
RETAIL TOBACCO STORE
A retail establishment that does not have a "Class B" intoxicating liquor license or a Class "B" fermented malt beverages license and that generates 75% or more of its gross annual income from the retail sale of tobacco products and accessories.
SMOKING
Burning or holding, or inhaling or exhaling vapor or smoke from an electronic nicotine delivery system or from any of the following items containing tobacco:
[Amended 8-12-2019 by Ord. No. 2019-010]
(1) 
A lighted cigar.
(2) 
A lighted cigarette.
(3) 
A lighted pipe.
(4) 
Any other lighted smoking equipment.
SPORTS ARENA
Any stadium, pavilion, gymnasium, swimming pool, skating rink, bowling center, or other building where spectator sporting events are held.
STATE INSTITUTION
A mental health institute, as defined in § 51.01(12), Wis. Stats., a center for the developmentally disabled, as defined in § 51.01(3), Wis. Stats., or a secure mental health facility at which persons are committed under § 980.06, Wis. Stats.
SUBSTANTIAL WALL
A wall with no opening or with an opening that either does not allow air in from the outside or is less than 25% of the wall's surface area.
TAVERN
An establishment, other than a restaurant, that holds a "Class B" intoxicating liquor license or Class "B" fermented malt beverages license.
TOBACCO BAR
A tavern that generates 15% or more of its annual gross income from the sale on the tavern premises, other than from a vending machine, of cigars and tobacco for pipes.
TOBACCO PRODUCT
Any form of tobacco prepared in a manner suitable for smoking, but not including a cigarette.
TREATMENT FACILITY
A publicly or privately operated inpatient facility that provides treatment of alcoholic, drug dependent, mentally ill, or developmentally disabled persons.
B. 
Prohibition against smoking in enclosed spaces. Except as otherwise provided, no person may smoke in any of the following enclosed places:
(1) 
Common areas of multiple-unit housing properties.
(2) 
Correctional facilities.
(3) 
Day-care centers.
(4) 
Educational facilities.
(5) 
Government buildings.
(6) 
Inpatient health care facilities.
(7) 
Lodging establishments.
(8) 
Places of employment.
(9) 
Private clubs.
(10) 
Public places.
(11) 
Restaurants.
(12) 
Retail establishments.
(13) 
State institutions.
(14) 
Taverns.
(15) 
Theatres.
C. 
Exceptions. The prohibition against smoking in enclosed places does not apply to the following locations:
(1) 
Private residences.
(2) 
A room in an assisted living facility in which two or more persons reside if every person who lives in that room smokes and each of those persons has made a written request to the person in charge of the assisted living facility to be placed in a room where smoking is allowed.
(3) 
A retail tobacco store that is in existence on the day after publication of this chapter and in which only the smoking of cigars and pipes is allowed.
(4) 
A tobacco bar that is in existence on the day after publication of this chapter and in which only smoking of cigars and pipes is allowed.
D. 
Prohibition against smoking in certain locations. Except as otherwise provided, no person may smoke in any of the following locations, regardless of whether they meet the definition of "enclosed place":
(1) 
Bus shelters.
(2) 
Public conveyances.
(3) 
Sports arenas.
E. 
Responsibility of persons in charge.
(1) 
No person in charge may allow any person to smoke in violation of this chapter at a location that is under the control or direction of the person in charge.
(2) 
A person in charge may not provide matches, ashtrays, or other equipment for smoking at the location where smoking is prohibited.
(3) 
A person in charge shall make reasonable efforts to prohibit persons from smoking at a location where smoking is prohibited by doing all of the following:
(a) 
Posting signs setting forth the prohibition and providing other appropriate notification and information concerning the prohibition.
(b) 
Refusing to serve a person, if the person is smoking in a restaurant, tavern, or private club.
(c) 
Asking a person who is smoking to refrain from smoking and, if the person refuses to do so, asking the person to leave the location.
(4) 
If the person refuses to leave a location after being requested to do so as provided in Subsection E(3) above, the person in charge shall immediately notify an appropriate law enforcement agency of the violation.
(5) 
A person in charge may take measures in addition to those listed in Subsection E(2) and (3) to prevent persons from being exposed to others who are smoking or to further ensure compliance with this section.
(6) 
A person in charge of a restaurant, tavern, private club, or retail establishment located in an area subject to this chapter may designate an outside area, except property owned by the City of Brodhead, that is a reasonable distance from any entrance to the restaurant, tavern, private club, or retail establishment where customers, employees, or persons associated with the restaurant, tavern, private club, or retail establishment may smoke.
F. 
Penalties.
(1) 
Any person who violates Subsection B or D shall be subject to a forfeiture of not less than $100 nor more than $250 for each violation.
(2) 
Any person in charge who violates Subsection E(2) through (4) shall be subject to a forfeiture of $100 for each violation, except that, if the person in charge has not previously received a warning notice for a violation of Subsection E(2) through (4), the law enforcement officer shall issue a person in charge with a warning notice and may not issue a citation. No person in charge may be required to forfeit more than $100 in total for all violations of Subsection E(2) through (4) occurring on a single day.
A. 
Entry required at flow line. No entry shall be made into any existing manhole in the City of Brodhead unless such entry point is at the flow line.
B. 
No drops to flow line permitted inside manhole. All drops in elevation necessary to obtain flow line levels shall be made outside the manhole so as to enter the manhole on line with the flow line.
C. 
Permit required. No person shall cause to be constructed an entrance into a manhole without first obtaining a permit therefor pursuant to § 398-6 of the Code of the City of Brodhead.
A. 
Abutting mains required for hookup. No property owner shall be permitted to connect onto and use the sanitary sewer system or water system in the City of Brodhead unless sanitary sewer mains and water mains abut upon the intended user property.
B. 
Exception for corner lots where service mains terminate in the public street intersection upon which the corner lot diagonally abuts. The owner of a corner lot that abuts diagonally a street intersection where a sanitary sewer main or water main ends shall be permitted to connect onto and use the sanitary sewer system or water system of the City by the construction of a service lateral or laterals at his own expense after being issued a special corner lot connection permit by the Building Inspector upon the payment to the City Clerk-Treasurer of a special connection charge as set by resolution of the Common Council.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).