254.45(1)(b)2.
2. The person's previous violations, if any, of this subchapter, rules promulgated under this subchapter or conditions of a license or registration issued by the department under this subchapter.
254.45(1)(b)3.
3. The potential danger or actual or potential injury to the environment or to public health caused by the violation.
254.45(1)(b)4.
4. The actual or potential costs of the damage or injury caused by the violation.
254.45(2)
(2) Assessment of forfeitures; notice. The department may directly assess forfeitures provided for in
sub. (1). If the department determines that a forfeiture should be assessed for a particular violation, the department shall send a notice of assessment to the person. The notice shall specify the amount of the forfeiture assessed and the violation and the statute or rule alleged to have been violated and shall inform the person of the right to hearing under
sub. (3).
254.45(3)
(3) Hearing. A person upon whom a forfeiture is imposed may contest the action by sending, within 10 days after receipt of notice of a contested action, a written request for hearing under
s. 227.44 to the division of hearings and appeals created under
s. 15.103 (1). The administrator of the division may designate a hearing examiner to preside over the case and recommend a decision to the administrator under
s. 227.46. The decision of the administrator of the division shall be the final administrative decision. The division shall commence the hearing within 30 days of receipt of the request for hearing and shall issue a final decision within 15 days after the close of the hearing. Proceedings before the division are governed by
ch. 227.
254.45(4)
(4) Forfeiture payment and disposition. 254.45(4)(a)(a) A person against whom the department has assessed a forfeiture shall pay the forfeiture to the department within 10 days after receipt of the notice under
sub. (2) or, if the person contests the assessment, within 10 days after receipt of the final decision after exhaustion of administrative review. If the person petitions for judicial review under
ch. 227, the person shall pay the forfeiture within 10 days after receipt of the final judicial decision.
254.45(4)(b)
(b) The department shall remit all forfeitures paid to the secretary of administration for deposit in the school fund.
254.45(5)
(5) Enforcement. The attorney general may bring an action in the name of the state to collect any forfeiture imposed under this section if the forfeiture has not been paid as required under
sub. (4). The only issue to be contested in an action under this subsection is whether the forfeiture has been paid.
254.45 History
History: 1993 a. 27 s.
234; Stats. 1993 s. 254.45;
1995 a. 27 ss.
6340,
9116 (5);
1999 a. 9;
2003 a. 33.
RECREATIONAL SANITATION
254.46
254.46
Beaches. The department or a local health department shall close or restrict swimming, diving and recreational bathing if a human health hazard exists in any area used for those purposes on a body of water and on associated land and shall require the posting of the area.
254.46 History
History: 1993 a. 27.
254.47
254.47
Recreational permits and fees. 254.47(1)
(1) Except as provided in
sub. (1g) and
ss. 250.041 and
254.115, the department or a local health department granted agent status under
s. 254.69 (2) shall issue permits to and regulate campgrounds and camping resorts, recreational and educational camps and public swimming pools. No person or state or local government who has not been issued a permit under this section may conduct, maintain, manage or operate a campground and camping resort, recreational camp and educational camp or public swimming pool, as defined by departmental rule.
254.47(1g)
(1g) A campground permit is not required for camping at county or district fairs at which 4-H Club members exhibit, for the 4 days preceding the county or district fair, the duration of the county or district fair, and the 4 days following the county or district fair.
254.47(1m)
(1m) The department or a local health department granted agent status under
s. 254.69 (2) may not, without a preinspection, grant a permit to a person intending to operate a new public swimming pool, campground, or recreational or educational camp or to a person intending to be the new operator of an existing public swimming pool, campground, or recreational or educational camp.
254.47(2)(a)(a) A separate permit is required for each campground, camping resort, recreational or educational camp, and public swimming pool. Except as provided in
par. (b) or
(c), no permit issued under this section is transferable from one premises to another or from one person, state or local government to another.
254.47(2)(b)
(b) A permit issued under this section may be transferred from an individual to an immediate family member, as defined in
s. 254.64 (4) (a) 2., if the individual is transferring operation of the campground, camping resort, recreational or educational camp, or public swimming pool to the immediate family member.
254.47(2)(c)
(c) A sole proprietorship that reorganizes as a business entity, as defined in
s. 179.70 (1), or a business entity that reorganizes as a sole proprietorship or a different type of business entity may transfer a permit issued under this section for a campground, camping resort, recreational or educational camp, or public swimming pool to the newly formed business entity or sole proprietorship if all of the following conditions are satisfied:
254.47(2)(c)1.
1. The campground, camping resort, recreational or educational camp, or public swimming pool remains at the location for which the permit was issued.
254.47(2)(c)2.
2. At least one individual who had an ownership interest in the sole proprietorship or business entity to which the permit was issued has an ownership interest in the newly formed sole proprietorship or business entity.
254.47(2m)
(2m) Except as provided in
ss. 250.041 and
254.115, the initial issuance, renewal or continued validity of a permit issued under this section may be conditioned upon the requirement that the permittee correct a violation of this section, rules promulgated by the department under this section or ordinances adopted under
s. 254.69 (2) (g), within a period of time that is specified. If the condition is not met within the specified period of time, the permit is void.
254.47(3)
(3) Anyone who violates this section or any rule of the department under this section shall be fined not less than $25 nor more than $250. Anyone who fails to comply with an order of the department shall forfeit $10 for each day of noncompliance after the order is served upon or directed to him or her. The department may also, after a hearing under
ch. 227, refuse to issue a permit under this section or suspend or revoke a permit under this section for violation of this section or any rule or order the department issues to implement this section.
254.47(4)
(4) Permits issued under this section expire on June 30, except that permits initially issued during the period beginning on April 1 and ending on June 30 expire on June 30 of the following year. Except as provided in
s. 254.69 (2) (d) and
(e), the department shall promulgate rules that establish, for permits issued under this section, amounts of permit fees, preinspection fees, reinspection fees, fees for operating without a license, and late fees for untimely permit renewal.
254.47(5)
(5) No permit may be issued under this section until all applicable fees have been paid. If the payment is by check or other draft drawn upon an account containing insufficient funds, the permit applicant shall, within 15 days after receipt of notice from the department of the insufficiency, pay by cashier's check or other certified draft, money order or cash the fees from the department, late fees and processing charges that are specified by rules promulgated by the department. If the permit applicant fails to pay all applicable fees, late fees and the processing charges within 15 days after the applicant receives notice of the insufficiency, the permit is void. In an appeal concerning voiding of a permit under this subsection, the burden is on the permit applicant to show that the entire applicable fees, late fees and processing charges have been paid. During any appeal process concerning payment dispute, operation of the establishment in question is deemed to be operation without a permit.
254.47(6)
(6) Before serving as a lifeguard at a public swimming pool or a recreational and educational camp or as an on-site health services staff member at a recreational and educational camp, an individual shall have proficiency in the use of an automated external defibrillator, as defined in
s. 256.15 (1) (cr), achieved through instruction provided by an individual, organization, or institution of higher education achieved through instruction approved under
s. 46.03 (38) to provide such instruction.
254.47(7)
(7) The department may not require that a swimming pool be staffed by a lifeguard as a condition of receiving a permit under this section if the swimming pool is less than 2,500 square feet, the swimming pool is located in a private club in the city of Milwaukee, and the club has a policy that prohibits a minor from using the swimming pool when not accompanied by an adult.
254.47 Cross-reference
Cross-reference: See also chs.
DHS 172,
175, and
178, Wis. adm. code.
ANIMAL-BORNE AND VECTOR-BORNE
DISEASE CONTROL
254.50
254.50
Definition. In this subchapter, "vector" means a carrier, including an arthropod or an insect, that transfers an infective agent from one host to another.
254.50 History
History: 1993 a. 27.
254.51
254.51
Powers and duties. 254.51(1)(1) The state epidemiologist for communicable disease shall take those measures that are necessary for the prevention, surveillance and control of human disease outbreaks associated with animal-borne and vector-borne transmission.
254.51(2)
(2) The department shall enter into memoranda of understanding with the department of agriculture, trade and consumer protection, the department of commerce and the department of natural resources regarding the investigation and control of animal-borne and vector-borne disease.
254.51(3)
(3) The department shall promulgate rules that establish measures for prevention, surveillance and control of human disease that is associated with animal-borne and vector-borne disease transmission.
254.51(4)
(4) The local health department shall enforce rules that are promulgated under
sub. (3).
254.51(5)
(5) The local board of health may adopt regulations and recommend enactment of ordinances that set forth requirements for animal-borne and vector-borne disease control to assure a safe level of sanitation, human health hazard control or health protection for the community, including the following:
254.51(5)(a)
(a) The control of rats, stray animals, noise and rabies and other diseases.
254.51(5)(b)
(b) The control of wildlife, including the keeping of dangerous wild animals, disease transmission and human health hazard control and eradication.
254.51(5)(c)
(c) Pest control, including community sanitation, rodent and vector control, resident responsibilities and the health impact of pesticide use.
254.51 History
History: 1993 a. 27;
1995 a. 27 ss.
6341,
9116 (5).
254.51 Cross-reference
Cross-reference: See also ch.
DHS 145, Wis. adm. code.
254.52
254.52
Lyme disease; treatment, information and research. 254.52(1)(1) The department shall perform research relating to Lyme disease in humans.
254.52(2)
(2) The department, in consultation with the department of public instruction, the department of natural resources and the department of agriculture, trade and consumer protection, shall do all of the following:
254.52(2)(a)
(a) Monitor the spread and incidence of Lyme disease.
254.52(2)(b)
(b) Investigate suspected and confirmed cases of Lyme disease.
254.52(2)(c)
(c) Review materials, activities and epidemiologic investigations prepared or conducted in other states in which Lyme disease is endemic and recommend a statewide strategy for dealing with Lyme disease.
254.52(2)(d)
(d) Develop, update and disseminate information for use by clinicians, laboratory technicians and local health departments that diagnose or treat Lyme disease or investigate cases or suspected cases of Lyme disease.
254.52(2)(e)
(e) Develop and distribute information through offices of physicians and local health departments and by newsletters, public presentations or other releases of information. That information shall include all of the following:
254.52(2)(e)2.
2. Means of identifying whether or not individuals may be at risk of contracting Lyme disease.
254.52(2)(e)3.
3. Measures that individuals may take to protect themselves from contracting Lyme disease.
254.52(2)(e)4.
4. Locations for procuring additional information or obtaining testing services.
254.52(2)(f)
(f) Conduct research on the serological prevalence of Lyme disease.
254.52 History
History: 1989 a. 31;
1993 a. 27 s.
49; Stats. 1993 s. 254.52;
1995 a. 27 s.
9145 (1);
1997 a. 27.
HUMAN HEALTH HAZARDS
254.55
254.55
Definitions. In this subchapter:
254.55(1)
(1) "Dwelling" means any structure, all or part of which is designed or used for human habitation.
254.55(2)
(2) "Owner" means any of the following:
254.55(2)(a)
(a) A person who has legal title to a dwelling.
254.55(2)(b)
(b) A person who has charge, care, or control of a dwelling or unit of a dwelling as an agent of or as personal representative, trustee, or guardian of the estate of a person under
par. (a).
254.55 History
History: 1993 a. 27;
2001 a. 102.
254.56
254.56
Public places. The owner and occupant and everyone in charge of a public building, as defined in
s. 101.01 (12), shall keep the building clean and sanitary.
254.56 History
History: 1971 c. 185 s.
7;
1993 a. 27 s.
352; Stats. 1993 s. 254.56;
1995 a. 27.
254.57
254.57
Smoke. The common council of any city or the board of any village may regulate or prohibit the emission of dense smoke into the open air within its limits and one mile from its limits.
254.57 History
History: 1993 a. 27 s.
357; Stats. 1993 s. 254.57.
254.57 Annotation
The social and economic roots of judge-made air pollution policy in Wisconsin. Laitos, 58 MLR 465.
254.58
254.58
Powers of villages, cities and towns. Section 95.72 may not be construed as depriving any city or village from enacting any ordinance prohibiting the rendering of dead animals within the boundaries specified in
s. 66.0415, as nullifying any existing law or ordinance prohibiting the rendering of dead animals within the area or as prohibiting any city or village from licensing, revoking the license, and regulating the business of rendering and transporting dead animals under sanitary conditions no less stringent than provided under
s. 95.72 and the rules of the department of agriculture, trade and consumer protection. Any licensing and regulation by a city or village is supplementary to the provisions of this section and the rules of the department and may not be construed as excusing or justifying any failure or neglect to comply with this section and the rules of the department.
Section 95.72 shall be expressly construed as modifying the powers granted to towns and any city, village or town may take any action permitted under
s. 254.59, may institute and maintain court proceedings to prevent, abate or remove any human health hazards under
s. 254.59 and may institute and maintain any action under
ss. 823.01,
823.02 and
823.07.
254.58 History
History: 1973 c. 206; Sup. Ct. Order,
67 Wis. 2d 585, 774 (1975);
1977 c. 29 s.
1650m (4);
1993 a. 27 s.
358; Stats. 1993 s. 254.58;
1999 a. 150 s.
672.
254.59
254.59
Human health hazards. 254.59(1)
(1) If a local health officer finds a human health hazard, he or she shall order the abatement or removal of the human health hazard on private premises, within a reasonable time period, and if the owner or occupant fails to comply, the local health officer may enter upon the premises and abate or remove the human health hazard.
254.59(2)
(2) If a human health hazard is found on private property, the local health officer shall notify the owner and the occupant of the property, by registered mail with return receipt requested, of the presence of the human health hazard and order its abatement or removal within 30 days of receipt of the notice. If the human health hazard is not abated or removed by that date, the local health officer shall immediately enter upon the property and abate or remove the human health hazard or may contract to have the work performed. The human health hazard shall be abated in a manner which is approved by the local health officer. The cost of the abatement or removal may be recovered from the person permitting the violation or may be paid by the municipal treasurer and the account, after being paid by the treasurer, shall be filed with the municipal clerk, who shall enter the amount chargeable to the property in the next tax roll in a column headed "For Abatement of a Nuisance" as a special tax on the lands upon which the human health hazard was abated, and the tax shall be collected as are other taxes. In case of railroads or other lands not taxed in the usual way, the amount chargeable shall be certified by the clerk to the secretary of administration who shall add the amount designated in the certificate to the sum due from the company owning, occupying, or controlling the land specified, and the secretary of administration shall collect the amount as prescribed in
subch. I of ch. 76 and return the amount collected to the town, city, or village from which the certificate was received. Anyone maintaining such a human health hazard may also be fined not more than $300 or imprisoned for not more than 90 days or both. The only defenses an owner may have against the collection of a tax under this subsection are that no human health hazard existed on the owner's property, that no human health hazard was corrected on the owner's property, that the procedure outlined in this subsection was not followed or any applicable defense under
s. 74.33.
254.59(4)
(4) In cities under general charter, the local health officer may enter into and examine any place at any time to ascertain health conditions, and anyone refusing to allow entrance at reasonable hours shall be fined not less than $10 nor more than $100. If the local health officer deems it necessary to abate or remove a human health hazard found on private property, the local health officer shall serve notice on the owner or occupant to abate or remove within a reasonable time that is not less than 24 hours; and if he or she fails to comply, or if the human health hazard is on property whose owner is a nonresident, or cannot be found, the local health officer shall cause abatement or removal.
254.59(5)
(5) The cost of abatement or removal of a human health hazard under this section may be at the expense of the municipality and may be collected from the owner or occupant, or person causing, permitting, or maintaining the human health hazard, or may be charged against the premises and, upon certification of the local health officer, assessed as are other special taxes. In cases of railroads or other lands not taxed in the usual way, the amount chargeable shall be certified by the clerk to the secretary of administration who shall add the amount designated in the certificate to the sum due from the company owning, occupying, or controlling the land specified, and the secretary of administration shall collect the amount as prescribed in
subch. I of ch. 76 and return the amount collected to the town, city, or village from which the certificate was received. Anyone maintaining such a human health hazard may also be fined not more than $300 or imprisoned for not more than 90 days or both. The only defenses an owner may have against the collection of a tax under this subsection are that no human health hazard existed on the owner's property, that no human health hazard was corrected on the owner's property, that the procedure outlined in this subsection was not followed, or any applicable defense under
s. 74.33.
254.59(6)
(6) A 1st class city may, but is not required to, follow the provisions of this section. A 1st class city may follow the provisions of its charter.
254.59(7)(a)(a) A county, city, village, or town with a local health department may enact an ordinance concerning abatement or removal of a human health hazard that is at least as restrictive as this section.
254.59(7)(b)
(b) An ordinance enacted under
par. (a) may be enforced in the county, city, village, or town that enacted it.
254.59(7)(c)
(c) This subsection may not be construed to prohibit any agreement under
s. 66.0301 between a county and a city, town, or village that has a local health department, concerning enforcement under this section.
254.593
254.593
Authority of the department and local health departments. The department or a local health department may declare housing that is dilapidated, unsafe or unsanitary to be a human health hazard.
254.593 History
History: 1993 a. 27.
