[HISTORY: Adopted by the Board of Supervisors of Oneida County.
Amendments noted where applicable.]
[Amended by Ord. No. 19-98]
(1)
Establishment. The Department of Social Services is and has been
established pursuant to § 46.22(1)(a), Wis. Stats.
(2)
Powers and Duties.
(a)
The Department of Social Services shall have the power and duties
set forth in § 46.22(1)(b), Wis. Stats.
(b)
The Department of Social Services shall have any of the functions,
duties and powers and such other welfare functions as may be delegated
to it by the County Board pursuant to § 46.22(1)(c)(dm)(e)
and (1g), Wis. Stats.
(3)
As authorized by §§46.283(1)(a)1. Wis. Stats, operates
a resource center under §46.238, Wis. Stats.
[Added 4-20-2021 by Res. No. 47-2021, effective 5-7-2021]
(4)
Agent for IV-D Program. The Department of Social Services shall be
the County's agent under the federal program described in Title IV,
Part D, of the Social Security Act, as amended, entitled "Child Support
and Establishment of Paternity Law," and shall, pursuant to this program,
contract on behalf of the County with the State and shall perform
such other duties as prescribed by federal and State law.
[Amended by Ord. No. 19-98; Ord. No. 55-2011]
[Amended by Ord. No. 19-98]
(1)
Appointment. The Social Services Committee shall appoint the County
Social Services Director, subject to the approval of the County Board,
pursuant to § 46.22(2)(b), Wis. Stats.
(2)
Duties.
(a)
The Social Services Director shall have the duties and responsibilities
as set forth in § 46.22(3), Wis. Stats., and such other
duties as may be authorized by the Social Services Committee and,
where required, as approved by the County Board.
(b)
Transfer of Funds. The Director may request that the excess
in one fund be transferred to another when it appears that such transfer
will be necessary to meet the County's cost in a particular program.
[1]
Editor's Note: Former § 11.04, which pertained to
department and board observing state department laws and rules, was
repealed by Res. No. 19-98.
[Amended by Ord. No. 19-98]
(1)
(Reserved)
(2)
(Reserved)
(3)
(Reserved)
(4)
(Reserved)
(5)
(Reserved)
(6)
Voluntary Workers. The Department in the performance of emergency
government activities may also make use of voluntary workers who shall
receive no salary, but who may be paid necessary and usual out-of-pocket
expense incurred in performing this work. Such payment shall be made
from the administration account of the Department.
[1]
Editor's Note: Former § 11.06, Title VII Nutrition
Program, as amended by Ord. No. 55-2011, was repealed by Res. No.
79-2018.
(1)
Establishment. Pursuant to §§ 51.42 and 51.437(4)(b),
Wis. Stats., there is established a community mental health, mental
retardation, alcoholism and drug abuse program for the County in combination
with Forest and Vilas Counties.
(2)
Purpose. The purpose and intent of such program is to identify, develop,
provide or cause to be provided such services as are necessary for
the prevention or amelioration of mental disabilities, including mental
illness, mental retardation, alcoholism and drug abuse. It shall facilitate
the use of community resources to the fullest extent through unity
of management and control of fiscal responsibility.
(3)
Board of Directors.
(a)
Appointment and Composition. The Board of Directors shall consist
of 14 members appointed by the County boards of the respective counties
involved in this program. Not more than three members shall be members
of the County board of any combining County. There shall be representation
of the interests of the mentally ill, mentally retarded, alcoholic
and drug abusers by persons of recognized ability and demonstrated
interest in these conditions.
(b)
Term. The term of office of each member of the Board shall be
for three years. Vacancies in unexpired terms shall be filled in the
same manner as original appointments. Any director may be removed
by the appointing County board in accordance with the procedure as
prescribed by State law.
(c)
Compensation. The members of the Board shall receive the same
per diem and mileage allowance for their services and travel expenses
as received by the supervisors of Oneida County.
(4)
Duties.
(a)
The Board of Directors as the governing and policy making body
for the community mental health, mental retardation, alcoholism and
drug abuse program shall have charge of the operation and administration
of such program.
(b)
The Board shall have such powers and duties as prescribed by
§ 51.42(5), Wis. Stats., and PW-MH § 60.20, Wis.
Adm. Code, and any amendments thereto, and shall specifically:
1.
Assume the responsibility of any Board of Trustees functioning
in or for the County in the government of a hospital established under
§ 46.18, Wis. Stats.
2.
Function as the Community Development Disabilities Board as
prescribed by § 51.437(4)(b), Wis. Stats.
3.
Adopt as its own the approved plans and budgets of the activities
described in Subparagraphs 1 and 2, which have been approved or accepted
by the State Department of Health and Social Services.
4.
Receive and disburse funds.
5.
Negotiate and execute such contracts for the provision or securing
of resources as may be necessary to the development and maintenance
of services.
6.
Seek immediate and initial approval of its plan and budget by
the State Department of Health and Social Services so as to maximize
State financial participation in the defraying of costs for services
provided hereunder.
7.
Develop a plan for the provision of services in accordance with
§ 51.42(7), Wis. Stats. The Board shall avail itself of
services and capabilities of the North Central Areawide Health Planning
Council in developing the plan.
(5)
Finances.
(a)
The program shall be financed by such funds as may be available
through public and private sources. The Board shall accept private
donations and shall request and may receive State and federal grants-in-aid
in addition to County funds.
(b)
The Board shall plan its financial operation on a calendar year
basis and shall each year submit its proposed budget for the next
calendar year to the County Board prior to September 1.
(6)
Reports. The Board shall make an annual report to the County Board
and shall make such other reports as may be required by State law.
(7)
Contract. The County Board Chairman shall enter into a written contract
with the chairmen of the County boards for Forest and Vilas Counties,
binding each County to perform its several and mutual obligations
as set forth in this section.
[Amended by Ord. No. 19-98; Ord. No. 55-2011]
(1)
Establishment. The Health Department is and has been established
pursuant to § 251.02, Wis. Stats.
(2)
Levels of Service; Duties. The Health Department shall meet the requirements
of Level I as provided in § 251.05(1)(a), Wis. Stats., and
shall provide such additional services and shall have such additional
duties as permitted by State law and as authorized by the Board of
Health and, where required, approved by the County Board.
[Amended 4-20-2021 by Res. No. 47-2021, effective 5-7-2021]
(3)
Governance. The Health Department shall be governed by the Board of Health, which is appointed pursuant to § 2.57 of this General Code.
[Amended 1-15-2019 by Res. No. 17-2019, effective 2-7-2019]
(4)
Jurisdiction. The Health Department shall have such jurisdiction
as is provided pursuant to § 251.08, Wis. Stats.
[Amended by Ord. No. 19-98; Ord. No. 55-2011; 1-15-2019 by Res. No. 17-2019, effective 2-7-2019]
(1)
Duties. The Health Department Director shall have the qualifications
and duties as provided in § 251.06, Wis. Stats., and as
may be authorized by the Board of Health and, where required, as approved
by the County Board.
[Amended by Ord. No. 29-2000; Ord. No. 55-2011]
(1)
(Reserved)
(2)
Contracting Procedure. The Corporation Counsel and the Public Safety
Committee, as representatives of the County Board, shall enter into
final negotiations with representatives of the two hospitals for the
preparation and drafting of written contracts for the provision of
County-wide, hospital based ambulance service and such County representatives
shall have express authority to negotiate and resolve any conflicts
which may appear in such contracts.
(3)
Execution of Contracts. The Public Safety Committee, the County Board
Chairman and the County Clerk shall execute the written contracts
on behalf of the County.
(4)
Ambulance Emergency Mileage Account. The County Clerk shall establish
a nonlapsing ambulance emergency mileage account from which account
chargeable loaded mileage expenses actually incurred on emergency
ambulance runs by residents and real estate taxpayers of the County
to the nearest hospital or the closest County hospital, if specified
by the patient or immediate family, can be paid, and the Public Safety
Committee is authorized and directed to establish detailed written
procedures and policies which shall be followed by residents and real
estate taxpayers of the County and the County hospitals before such
expenses can be paid from this account.
[Added by Ord. No. 55-82]
The County does hereby limit its liability for all medical and
dental care furnished as general relief after August 17, 1982, to
the amount payable by medical assistance for similar care.
[1]
Editor's Note: Former § 11.12, which pertained to
clean indoor air, added by Ord. No. 90-85, was repealed 3-18-2003
by Res. No. 13-2003.
[Added by Ord. No. 22-86]
(1)
General Provisions. The purpose of this section is to prohibit, abate,
suppress and prevent all acts, practices, conduct, uses of property
and all other things detrimental or liable to be detrimental to the
health of the inhabitants of the County.
(2)
COUNTY HEALTH OFFICER
HEALTH COMMITTEE
NUISANCE
PERSON
Definitions.
The position of a local health officer in the Oneida County
Health Department who meets the minimum qualifications set forth in
Wis. Stats., § 251.06, as they pertain to Oneida County.
[Added by Ord. No. 61-2003]
The Health Committee shall mean the County Board of Health
or their authorized representative.
[Amended by Ord. No. 55-2011; 1-15-2019 by Res. No. 17-2019, effective 2-7-2019]
A nuisance shall mean any source of filth or cause of sickness,
any unreasonable use of property or activity that interferes substantially
with the comfortable enjoyment of life, health or safety of another
or others.
Any institution, corporation, individual, partnership or
other entity.
(3)
Powers of the Health Committee. The Health Committee or its authorized
representative is hereby authorized and empowered to legally inspect
during reasonable hours all buildings, lands and places as to their
conditions affecting health and sanitation. In the event any owner
or occupant of any premises shall refuse entry for inspection purposes,
the Committee or its authorized representative may obtain a special
inspection warrant under § 66.122, Wis. Stats. Whenever
any declared nuisance or condition prejudicial to the public health
is found to exist, the Committee or its authorized representative
shall have the power and the authority to notify by certified mail,
with return receipt requested, the owner, occupant or user of such
property on which such nuisance or condition is found to exist and
to order the owner, occupant or user thereof to abate or remove such
nuisance or condition prejudicial to the public health within the
time periods set forth in § 146.14(2), Wis. Stats.
(4)
Declared Nuisances. The following are declared to be public nuisances
and prejudicial to the public health:
(a)
All decayed or unwholesome food offered for sale to the public.
(b)
All diseased animals running at large.
(c)
Carcasses of dead animals not buried or destroyed within 24
hours after death.
(d)
Accumulations of manure, rubbish, garbage, refuse and human
and industrial or noxious or offensive waste, except the normal storage
on a farm of manure for agricultural purposes.
(e)
Privy vaults or garbage cans which are not fly-tight.
(f)
The pollution of any well, cistern, spring, underground water
stream, lake, canal or body of water by sewage or industrial wastes,
fertilizers and toxic pesticides or other substance harmful to human
beings.
(g)
Dense smoke, noxious fumes, gas and soot or cinders in unreasonable
quantities or the presence of any gas, vapor, fume, smoke, dust, toxic
pesticides by drift or overspray or any other toxic substance on,
in or emitted from the equipment of any premises in quantities sufficient
to be toxic, harmful or injurious to the health of any employee or
to any premises, occupancy or any other persons.
(h)
Common drinking cups, roller towels, combs, brushes or eating
utensils in public or semipublic places not properly sanitized after
use.
(i)
All infestations of vermin which may be involved in the transmission
of communicable disease.
(j)
The keeping of animals or fowl in close proximity to residences,
schools, hospitals, public or semipublic buildings, playgrounds, parks
and other public places, except pet cats and dogs, animals in public
or licensed zoos, farm animals on farms and any animals or fowl in
laboratories.
(k)
To rent or lease quarters for human habitation which are declared
unfit for human habitation by the Health Committee.
(l)
All other acts, practices, conduct, business, occupations, callings,
trades, uses of property and all other things detrimental or certain
to be detrimental to the health of the inhabitants of the County.
(5)
Penalties and Forfeitures. Any person who maintains a nuisance as declared in this section or who fails to comply with an order of the Health Committee issued under the provisions of this section shall be subject to the forfeiture provisions of § 25.04 of this General Code. Each day that a violation continues to exist shall constitute a separate offense.
(6)
Enforcement. Any authorized member or representative of the County
Public Health Service (Health Officer or nurses, or the Health Officer’s
designees under the direction of the Public Health Officer) or County
Planning and Zoning Administrator, Assistant Planning and Zoning Administrator
or branch office manager is hereby designated as an enforcing officer
of this section and it shall be the duty of the County Corporation
Counsel to prosecute any violators or offenders under this section
that are called to his attention by such Health Committee and the
County Health Officer or designee shall hereby be given specific power
to make inspections for sufficient cause either by reported complaint
or visual observation of violations of this section, and for that
purpose, may enter buildings, public or private, structures and premises
during reasonable hours in order to enforce the provision of this
section. If any owner or occupant of any premises shall refuse entry
for inspection purposes, the Health Committee or its authorized representative
may obtain a special inspection warrant under § 66.122,
Wis. Stats. An enforcing officer may exercise the following duties
and powers:
[Amended 3-19-2019 by Res. No. 27-2019, effective 4-2-2019]
(a)
Advise any person as to the provisions of this section and assist
them in compliance with the same.
(b)
Inspect properties and issue orders for compliance with this
section.
(c)
Keep records of all inspections made and all other official
actions taken.
(d)
Report violations of this section and other applicable regulations
to the Health Committee and the Corporation Counsel.
(7)
Interpretation, Purpose and Conflict. The provisions of this section
shall be held to be the minimum requirements for the promotion of
the public health, safety, morals, comfort and general welfare. It
is not intended by this section to interfere with, abrogate, annul
or repeal any ordinance, resolution, rule or regulation heretofore
adopted which does not conflict with the provisions of this chapter.
[Added by Ord. No. 18-87]
(1)
State Rabies Control Program Adopted. Except as otherwise specifically
provided in this section, the statutory provisions in § 95.21,
Wis. Stats., describing and defining regulations with respect to a
rabies control program, exclusive of any provisions therein relating
to penalties to be imposed and exclusive of any regulations for which
the statutory penalty is a fine or term of imprisonment, are adopted
and by reference made a part of this chapter as if fully set forth
herein. Any act required to be performed or prohibited by any statute
incorporated herein by reference is required or prohibited by this
chapter. Any violation of this section shall be identified with the
prefix "11.14" and the applicable enumerated statutory provisions
in § 95.21, Wis. Stats. Any future amendments, revisions,
modifications, repeals and recreations or creations of the statutes
incorporated herein are intended to be made part of this section in
order to secure uniform statewide regulation of rabies control.
(2)
Designation of Officers.
(a)
Director, Oneida County Nursing Service. The Director of the
Oneida County Nursing Service is hereby designated as an officer under
this section and as the rabies control officer who shall be responsible
for the operation of the County Rabies Control Program and the coordination
of the same with the State Rabies Control Program and the person to
whom reports of dog bites and other suspicious animal bites or behavior
shall be reported. In the absence of the Director, the Assistant Director
of the Oneida County Nursing Service shall act in this capacity.
(b)
County Nurses. Full and regular part-time registered nurses
employed by the Oneida County Nursing Service are hereby designated
as officers under this section.
(c)
Peace Officers. The Sheriff, Chief Deputy and deputy sheriffs appointed by the Sheriff pursuant to § 59.21(8)(a), Wis. Stats., and § 5.04 of this General Code are hereby defined as peace officers and as officers under this section.
(d)
Town Designated Officer. Any person designated by the town board
of the various towns in the County shall also be considered as officers
under this section, provided the designated by the town board appears
in the minutes of a properly scheduled meeting of the town board and
the County Clerk and the Director of the Oneida County Nursing Service
are notified in writing of this designation.
(3)
Enforcement. This section shall be enforced by the officers identified in Subsection (2) under the supervision of the Director of the Oneida County Nursing Service.
(4)
Penalties.
(a)
Failure to Obtain Rabies Vaccination. An owner who fails to have a dog vaccinated against rabies as required under this section and § 95.21(2)(a), Wis. Stats., may be required to forfeit not less than $50, nor more than $100 as provided in § 25.04 of this General Code.
(b)
Refusal to Comply With Order or Quarantine. An owner who refuses to comply with an order issued under this section to deliver an animal to an officer, isolation facility or veterinarian or who does not comply with the conditions of an order that an animal be quarantined shall be fined not less than $100 nor more than $500, imprisonment not more than 60 days or both as provided in § 25.04 of this General Code.
[Added by Ord. No. 14-95]
The Personnel and Finance Committee of Oneida County are hereby
charged with the responsibility for maintaining the Blood Borne Pathogens
Plan and for making adjustments to the Plan from time to time.
[Added by Ord. No. 12-99; amended by Ord. No. 85-2005; Res. No. 17-2017]
(1)
Authority. This section is adopted pursuant to that authority provided
by § 97.41 (retail food), Wis. Stats., § 125.68(5)
(restaurant sanitation rules), (child care facilities), Wis. Stats.,
Ch. 254 (Environmental Health), Wis. Stats., and § 326.09
(enforcement), Wis. Stats.; and by Wisconsin Administrative Code,
Chapters ATCP 72 (Hotels, Motels, and Tourist Rooming Houses), ATCP
73 (Bed and Breakfasts), ATCP 74 (Retail Food Rules and Regulations-Enforcement)
and ATCP 75 (Retail Food Establishments and Vending), ATCP 76 (Swimming
Pools), ATCP 78 (Recreational Educational Camps), ATCP 79 (Campgrounds),
and DSPS 390 (Manufactured Home Communities), DSPS 221 (Tattooing
and Body Piercing), and DSPS 463 (Body Art and Tanning Facilities).
(2)
Purpose. The purpose of this section is to protect and improve the
health of the public and to authorize the Oneida County Health Department
(OCHD) to be the designated agent of the State of Wisconsin Department
of Agriculture, Trade, and Consumer Protection (DATCP) for the purpose
of establishing permit fees; issuing permits; and investigating or
inspecting hotels, motels, tourist rooming houses, restaurants, bed-and-breakfast
establishments, campgrounds, recreational and educational camps, public
swimming pools, and establishments possessing permanent Class B and
Class C alcoholic beverage licenses with the exception of those licenses
serving beverages solely, directly from cans or bottles and those
licenses selling beverages at a retail level, and investigating and
inspecting food vending machines, operators of vending machines and
vending machine commissaries; and authorizing the OCHD to be the designated
agent of the State of Wisconsin Department of Safety and Professional
Services (DSPS) for the purpose of establishing permit fees; issuing
permits and investigating or inspecting manufactured home communities
and tattooing and body piercing facilities; and for the purpose of
enacting local regulations governing these establishments which may
be more strict than state law.
(3)
Applicability. The provisions of this section shall apply to the
owner and operator of any retail food establishment, tattoo and body
piercing establishment, hotel, motel, tourist rooming house, restaurant,
bed-and-breakfast, campground, recreational and educational camp,
public swimming pool, establishments possessing Class B or Class C
alcoholic beverage licenses, vending machine commissary or vending
machine in all areas of Oneida County.
(4)
ANNUAL PERMIT FEE
BODY PIERCE
BODY PIERCER
BODY PIERCING
BODY-PIERCING ESTABLISHMENT
DUPLICATE PERMIT FEE
HEALTH DEPARTMENT
INSPECTION FEE
LATE FEE
LIMITED FOOD SERVICE
LOCAL HEALTH OFFICER
MOBILE RESTAURANT
OPERATOR
OUTDOOR GRILLING
PENALTY FEE
POTENTIALLY HAZARDOUS FOOD or TIME AND TEMPERATURE CONTROL FOR
SAFETY (TCS) FOOD
(a)
(b)
(c)
1.
2.
3.
4.
5.
6.
PREINSPECTION FEE
REINSPECTION FEE
RESTAURANT
(a)
(b)
1.
2.
3.
4.
5.
6.
7.
8.
RETAIL FOOD ESTABLISHMENT
(a)
(b)
(c)
TATTOO
TATTOO ESTABLISHMENT
TEMPORARY RESTAURANT or TEMPORARY RETAIL FOOD ESTABLISHMENT
TEMPORARY SUSPENSION
VENDING MACHINE
VENDING MACHINE COMMISSARY
Definitions. In addition to those definitions set forth expressly
hereinafter, all definitions set forth in Chapters 97, 125, and 254,
Wis. Stats., and Wis. Admin. Code, Chapters ATCP 72, 73, 74, 75, 76,
78, and 79, and DSPS 390, DSPS 221, and DSPS 463 are incorporated
herein by reference and shall be construed, read and interpreted as
if set forth herein until amended and then shall apply as amended.
In addition, the following terms and phrases have meanings ascribed
to them in this section, except where the context clearly indicates
a different meaning:
A fee for on-site inspection of the entire facility, and
one follow-up inspection, to determine that establishments identified
in this section are compliant with the statutes and administrative
codes that govern their operation.
As a verb, to perforate any human body part or tissue, except
an ear, and to place a foreign object in the perforation to prevent
the perforation from closing.
A person who performs body piercing on another person at
that person's request.
Perforating any human body part or tissue, except an ear,
and placing a foreign object in the perforation to prevent the perforation
from closing.
The premises where a body piercer performs body piercing.
A fee for the replacement of an original permit.
The Oneida County Public Health Department.
A fee for on-site visits to determine that establishments
identified in this section are compliant with the statutes and administrative
codes that govern their operation.
A fee that is charged for failure to comply with the application
time frame specified in the applicable statute and administrative
code for completion and submission of the required application for
a permit to the Health Department.
The serving of food which is prepared and packaged off the
premises, with preparation on the premises limited to heating and
serving with single-service articles, i.e., hermetically wrapped sandwiches
or frozen pizza.
The Health Officer who is in charge of the Oneida County
Health Department.
A restaurant operating from a movable vehicle, pushcart,
trailer or boat which periodically or continuously changes location
and wherein meals or lunches are prepared or served or sold to the
general public, excepting those vehicles used in delivery of preordered
meals or lunches prepared in a licensed restaurant.
The owner or person responsible to the owner for the operations
of the hotel, motel, bed-and-breakfast establishment, food service
establishment or beverage establishment, vending machine commissary
and/or vending machine, campground, camping resort, recreational/educational
camps, public swimming pools or tattoo and body-piercing establishment.
The cooking of food on an outdoor grill on the premises of
a licensed food service facility. The purpose for outdoor cooking
shall not increase the production capability of the restaurant kitchen
by circumventing codes applicable to indoor cooking facilities. Hot
holding shall be limited to what can be held on the cooking unit.
A fee for failure to pay established or assessed fees in
a timely manner.
A food that is natural or synthetic and that requires temperature
control because it is in a form capable of supporting:
"Potentially hazardous food" or "time and temperature control for safety" (TCS) food includes an animal food (a food of animal origin) that is raw or heat-treated; a food of plant origin that is heat-treated or consists of raw seed sprouts; cut melons; and garlic and oil mixtures that are not acidified or otherwise modified at a food processing plant in a way that results in mixtures that do not support growth as specified under Subsection (a) of this definition.
"Potentially hazardous food" or "time and temperature control
for safety (TCS)" food does not include:
An air-cooled hard-boiled egg with shell intact;
A food with an aw value of 0.85 or less;
A food with a pH level of 4.6 or below when measured at 24°
C. (75° F.);
A food in an unopened hermetically sealed container, that is
commercially processed to achieve and maintain commercial sterility
under conditions of nonrefrigerated storage and distribution;
A food for which laboratory evidence demonstrates that the rapid
and progressive growth of infectious or toxigenic microorganisms or
growth of S. enteritidis in eggs or C. botulinum cannot occur, such
as a food that has an aw and a pH that are above the levels specified
under Subsection (c)2 and 3 of this definition and that may contain
a preservative, other barrier to growth of microorganisms, or a combination
of barriers that inhibit the growth of microorganisms; and
A food that may contain an infectious or toxigenic microorganism
or chemical or physical contaminant at a level sufficient to cause
illness, but that does not support the growth of microorganisms as
specified under Subsection (a) of this definition.
A fee for consultative services offered within a six-month
period from the date of permit application to a change in operator
or new business.
A fee for any subsequent inspections required to address
compliance issues with the statutes and administrative codes that
govern their operation. Reinspections are conducted due to one or
more of the following: uncorrected critical violations, more than
10 total violations, repeat violations from previous inspections,
and major noncritical violations and when a complaint investigation
identifies unsatisfactory conditions. The fee for a reinspection will
be a set fee, determined by DATCP.
Any building, room or place where meals are prepared, served
or sold to transients or the general public, and all places used in
connection with the building, room or place, and includes any public
or private school lunchroom for which food service is provided by
contract.
"Restaurant" does not include:
Taverns that serve free lunches consisting of popcorn, cheese,
crackers, pretzels, cold sausage, cured fish or bread and butter;
Churches, religious, fraternal, youth or patriotic organizations,
service clubs and civic organizations, which occasionally prepare,
serve or sell meals to the general public;
Any food service provided solely for needy persons;
Bed-and-breakfast establishments;
A private individual selling food from a movable or temporary
stand at a public farm sale;
Any center as defined in Wis. Stats., § 36.05(4),
institution as defined in Wis. Stats., § 36.51(1)(b), or
technical college that serves meals only to the students enrolled
in the center, institution or school or to authorized elderly persons
under § 36.51 or § 38.36, Wis. Stats.;
A concession stand, as defined in § 196.03(22)(g),
Wis. Stats., at a locally sponsored sporting event, such as a Little
League® game; or
Any public or private school lunchroom for which food service
is directly provided by the school.
Any of the following, but does not include a restaurant or
other establishment holding a permit to the extent that the activities
of the establishment are covered by that permit:
A permanent or mobile food processing facility where food is
processed primarily for direct retail sale to consumers at the facility.
A mobile facility from which potentially hazardous/TCS food
is sold to customers at retail.
A permanent facility from which food is sold to consumers at
retail, whether that facility sells potentially hazardous food or
is engaged in food processing.
As a verb, to insert pigment under the surface of the skin
of a person, by pricking with a needle or otherwise, so as to produce
an indelible mark or figure through the skin.
The premises where a tattooist applies a tattoo to another
person.
A restaurant or retail food establishment that operates at
a fixed location in conjunction with a single event, such as a fair,
carnival, circus, public exhibition, anniversary sale or occasional
sales promotion, for a period of no more than 14 consecutive days
or less. Mobile establishments of this type which conduct business
in Oneida County, that are licensed outside of Oneida County, will
be inspected and charged a nominal fee to cover the inspection cost.
The revocation of a permit for a time period set for no less
than 24 hours and no greater than one week as determined by the Health
Officer and/or his or her designee.
Any self-service device offered for public use which, upon
insertion of a coin or token, or by other means, dispenses unit servings
of food or beverage either in bulk or in package, without the necessity
of replenishing the device between each vending operation. "Vending
machine" does not include a device which dispenses only bottled, prepackaged
or canned soft drinks, a vending machine dispensing only candy, gum,
nuts, nut meats, cookies or crackers, or a vending machine dispensing
only prepackaged Grade A pasteurized milk or milk products.
Any building, room or place in the state at which foods,
containers, transport equipment or supplies for vending machines are
kept, handled, prepared or stored by a vending machine operator, except
a place at which the operator is licensed to manufacture, distribute
or sell food products under Ch. 97, Wis. Stats.
(5)
Enforcement.
(a)
The provisions of this section shall be administered by or under
the direction of the Health Officer of the OCHD, who, in person or
by duly authorized representatives, shall have the right to enter,
at reasonable hours, premises affected by this regulation to inspect
the premises, secure samples or specimens, examine and copy relevant
documents and records or obtain photographic or other evidence needed
to enforce this section.
(b)
Each of the following County officials may issue citations for
the violation of ordinances directly related to his or her official
responsibilities: Oneida County Health Officer, Oneida County Assistant
Health Officer, Environmental Health Specialist, Environmental Health
Technician, Solid Waste Administrator and Planning and Zoning Administrator.
In the event the position of Health Department Director is vacant,
his/her authority under this section may be assumed by personnel designated
by the Board of Health.
(6)
License and Permit.
(a)
No person shall operate a tattoo and body-piercing establishment,
retail food establishment, bed-and-breakfast establishment, hotel,
motel, tourist rooming house, restaurant, campground, recreational
and educational camp or public swimming pool, or a Class B or Class
C alcoholic beverage licensure establishment without first obtaining
a nonprorated permit from the Health Department. Permits shall be
issued on an annual basis, commencing with July 1 and ending on the
following June 30. Each such permit shall expire on June 30 of each
year following issuance, except that permits initially issued during
the period beginning on April 1 and ending June 30 shall expire June
30 of the following year. The issuance of a permit may be conditioned
upon the permit licensee correcting a violation of this section within
a specified period of time. If the condition is not met within the
specified period of time, the permit shall be voided. The permit shall
not be transferable to a location other than the one for which it
was issued. A permit shall not be transferred from one operator to
another, subject to the express exception of:
1.
As to location, temporary permits may be transferred;
2.
As to operator, a permit of a restaurant operator may be transferred
to an individual who is an immediate family member of the operator
if the operator is transferring operation of the establishment or
vending machine to that immediate family member. A parent, child,
stepchild, spouse, grandparent, grandchild, sibling or stepsibling
shall be considered an immediate family member for purposes of this
section.
(b)
Operators or permit licensees of temporary restaurants whom
the Health Department has found to be uncooperative or habitual violators
of this section may be denied a permit to operate. A temporary permit
may be transferred to a premises other than that for which it was
issued, provided that the approval of the new premises is secured
from the Health Department prior to operating at the new premises.
(c)
With the exception of those establishments defined herein as
"temporary," no permits shall be granted to any person under this
section without a preinspection by the Health Department of the premises
for which the permit shall be granted.
(d)
No permit shall be issued until all application fees have been
paid.
(7)
Application. Application for a permit shall be made in writing to
the Health Department on forms developed and provided by the Health
Department, stating the name and address of the proposed applicant
and operator, and the address and location of the proposed establishment,
together with any such other information as may be required. The Health
Department shall either approve the application or deny the permit
within 30 days after receipt of a complete application.
(8)
Fees. Fees for the issuance of permits, the making of investigations,
inspections, training and technical assistance to establishments covered
pursuant to this section are hereby established pursuant to this section,
subject to amendment, from time to time, upon the recommendation of
the Oneida County Board of Health and approval of the County Board
of Supervisors. In addition, separate preinspection fees are hereby
established with respect to new establishments or existing establishments
that have been transferred to a new owner. Said fee schedule may be
amended from time to time by the Oneida County Board of Health. Permit
fees shall be no lower than the fees established and used by the State
of Wisconsin Department of Agriculture, Trade, and Consumer Protection
(DATCP) to implement these respective Wisconsin Administrative Codes
and are hereby adopted by reference.
(9)
Permit; Public Display. Every licensed establishment shall be required
to obtain a permit pursuant to this section and shall display said
permit, at all times, in a conspicuous public place.
(10)
Permit Suspension and Revocation. Permits issued by the Health Department
pursuant to this section may be temporarily suspended for a violation
of any provisions hereof or the State Statutes or Administrative Code
provisions adopted by reference herein, if the Health Department determines
that an immediate danger to health exists. After repeated violations
of this section or violations which have already created a serious
public health hazard, permits may be permanently revoked. Decisions
of the Health Department shall be subject to review in the manner
provided in Chapter 227 (Administrative Procedure and Review), Wis.
Stats.
(11)
Regulations, Rules and Laws Adopted by Reference. The applicable
laws, rules and regulations as set forth in Chapters 97, 125, 254,
Wis. Stats., and Wis. Admin. Code, Chapters ATCP 72, 73, 74, 75, 76,
78, and 79 and DSPS 390, 221, and 463, are incorporated in this regulation
by reference, and they shall be construed, read and interpreted as
if fully set forth herein until amended and then shall apply as amended.
The express provisions of this section shall control where more restrictive.
(12)
Violation; Penalties. Any person who violates or refuses to comply
with any provisions of this section shall be subject to a forfeiture
of not less than $100 and not more than $1,000, together with the
costs of the action and, in default of payment thereof, to imprisonment
in the County jail for a period of not less than one day nor more
than six months, or until such forfeiture and costs are paid, for
each offense and/or revocation or amendment of their applicable permit.
Each day a violation exists or continues shall be considered a separate
and distinct offense. Where appropriate, injunctive relief may be
sought by the Health Department against continuing violations. In
the alternative, the Health Department may pursue enforcement of such
sections of these regulations as are prosecutable.
[Added by Ord. No. 13-99; amended by Ord. No. 55-2011; 4-20-2021 by Res. No. 47-2021, effective 5-7-2021]
The Oneida County Board of Supervisors establishes an Oneida
County Facility Codes and Fees Schedule for the inspection services
to be provided by the Sanitarian and Sanitarian Technician. Fees may
be modified as deemed necessary by the Board of Health in the future.
