Commissioner Of Health 17-01

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CHAPTER 17COMMISSIONER OF HEALTH

TABLE

17-01 Definitions17-02 Transfer of Duties17-03 Commissioner: salary17-04 Commissioner: to appoint

employes17-05 Commissioner: funds17-06 Commissioner: duties and

authority to preserve public health

17-07 Commissioner: duties defined17-08 Commissioner: authority to enter

and examine17-09 Commissioner: police and others

to aid17-10 Measures to preserve public

health17-11 Penalty for refusal to obey orders17-12 Abatement of nuisances17-13 Discontinuance of business

detrimental to public health; penalty

17-14 Authority to protect public health; exclusion from school or work

17-15 Contaminated articles17-16 Power to isolate and quarantine17-17 Temporary control of facilities17-18 Power to provide place for those

with contagious diseases17-19 Reports of health hazards17-20 Noxious matters in streams

17-01. Definitions. In this chapter:1. COMMISSIONER means the

commissioner of health or health commissionerof the city of Milwaukee or his or herrepresentative.

2. PERSON means any individual,firm, partnership, trustee, agent, association,corporation, company, governmental agency,club or organization of any kind.

17-02. Transfer of Duties. All powers vested bythe state of Wisconsin in the board of healthand the health officer of the city, are conferredupon the commissioner, and all the duties ofthe board and of the health officer shall devolveupon and be vested in the commissioner.

17-03. Commissioner: Salary. The commoncouncil shall fix the salary of the commissioner.The commissioner is authorized to collect feesfor services for the city.

17-04. Commissioner: to Appoint Employes.The commissioner may appoint, subject toconfirmation by the common council,assistants, clerks, officers, agents and workersas may be deemed necessary for the properdischarge of the commissioner's duties, andthey shall receive such salary or compensationfor their services as the common council mayfix. The commissioner may appoint temporaryspecial assistants for the purpose ofmaintaining quarantine and isolation and otherduties as required.

17-05. Commissioner: Funds. The commoncouncil shall, in making their estimate and levyfor the expenses of the city government,estimate and provide such sums as may benecessary for the compensation of all officersand other employes which the commissioner isauthorized to appoint by this chapter, and for allother expenses incurred by the commissionerin performance of the duties prescribed in thischapter, and in any ordinances or regulationspromulgated thereto. Such expenses shall beaudited and allowed and paid as otherexpenses of the city.

17-06. Commissioner: Duties and Authority toPreserve Public Health. It shall be the duty ofthe commissioner to examine into and considerall measures necessary to the preservation ofthe public health in the city of Milwaukee and tosee that all ordinances and regulations inrelation thereto be promulgated, observed andenforced.

17-07. Commissioner: Duties Defined. Thecommon council may further define the dutiesof the commissioner, and pass such ordinancesin aid of the powers of the commissioner asmay tend to promote and secure the generalhealth of the inhabitants of the city.

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17-08. Commissioner: Authority to Enter andExamine. It shall be the duty of thecommissioner to determine when conditionsdangerous to the public health exist in the cityof Milwaukee and, in the furtherance of thatduty, the commissioner shall have the followingpowers and adopt procedures for theimplementation thereof:

1. Authority to enter into all buildings,lots, conveyances and vehicles within the cityfor the purpose of ascertaining the conditionthereof so far as the public health may beaffected thereby.

2. Authority to examine all persons,buildings, lots, conveyances and vehicles withinthe city for the purpose of ascertaining theconditions thereof so far as the public healthmay be affected thereby.

17-09. Commissioner: Police and Others toAid. It shall be the special duty of the membersof the police force of the city, and of allmagistrates and civil officers and all citizens ofthe state, to aid to the utmost of their power, thecommissioner and the officers mentioned in thischapter in the performance of their respectiveduties. On requisition of the commissioner, itshall be the duty of the chief of police to detailone or more police officers to serve the noticesof the commissioner and to perform such otherduties as the commissioner may require.

17-10. Measures to Preserve Public Health.The commissioner shall give such directionsand adopt all such measures for cleaning andpurifying all buildings, vehicles, lots and otherplaces and for causing the removal therefrom ofany equipment, receptacle, thing, condition,defective plumbing or any sewer condition andof all nauseous, dangerous or toxic substancesthat may threaten or tend to cause sickness,discomfort or disease or injury as in thecommissioner's opinion may be necessary, andshall cause the discontinuance of procedures orpractices that may endanger or threaten thehealth of the people. The commissioner may door cause to be done whatever shall be neededfor the preservation of the public health of thecommunity and its citizens.

17-11. Penalty for Refusal to Obey Orders.Any person failing or refusing to comply withany order of the commissioner which requiresaction to prevent, abate or remove conditions,practices or nuisances which may adverselyaffect or threaten the health or welfare of thecommunity or its citizens, shall be subject to thesame penalties as provided in ss. 61-1 to 61-16.

17-12. Abatement of Nuisances. 1.ABATEMENT. The commissioner may, in allcases where it is necessary for the speedyexecution of the commissioner's orders, causeany conditions or practices of nuisancesreferred to in this chapter to be abated orremoved at the expense of the city. Thecommissioner shall also cause any conditionsor practices or nuisances which may exist uponthe property of nonresident owners, or uponproperty, the owners of which cannot be foundor are unknown and cannot be ascertained, tobe abated or removed in like manner, at theexpense of the city. The sums expended in theabatement or removal of such conditions orpractices or nuisances shall be a lien, in thesame manner as any tax upon real estate, uponthe lots or premises from or upon whichconditions or practices or nuisances are abatedor removed.

2. SPECIAL ASSESSMENT. Thecommissioner shall certify to the comptroller thedescription of such property and the cost ofabating and removing such conditions orpractices or nuisances thereon. Thecomptroller shall include the same in the annualschedule of lots subject to special taxation, andpayment thereof may be enforced in likemanner as other special taxes upon real estateare levied and collected. The common councilshall on application of the commissionerappropriate and set apart out of the generalfund such sums it deems necessary for thepurposes of this chapter.

17-13. Discontinuance of BusinessDetrimental to Public Health; Penalty. Oncomplaint being made, or whenever thecommissioner shall deem any business, tradeor profession carried on by any person in thecity of Milwaukee, detrimental to the publichealth, the commissioner shall notify the personto show cause before the commissioner at atime and

Commissioner Of Health 17-14

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place specified in the notice, why the business,trade or profession should not be discontinuedor removed. The notice shall not be less than 3days, except that in cases of outbreak,epidemic or pestilence or other imminent healthhazards, the commissioner may by generalorder direct a shorter time. This notice may beserved on the parties to be affected thereby bythe commissioner or by any police officer in thecity in the same manner as provided by law forthe service of a summons in civil actions.Cause may be shown by affidavit, and if in theopinion of the commissioner no good andsufficient cause be shown why the business,trade or profession should not be discontinuedor removed, the commissioner shall order theparties to discontinue or remove the samewithin such time as the commissioner maydeem reasonable and necessary. The order ofthe commissioner shall be final and conclusive.

17-14. Authority to Protect Public Health;Exclusion from School or Work. Thecommissioner may exclude from school, workor any other place any individual who has areportable communicable disease or othercondition deemed injurious to the health of thecommunity. In the case of a communicabledisease outbreak the commissioner mayexclude from nursery school, day-care centersand public, private and parochial schools,children and students who are not properlyimmunized.

17-15. Contaminated Articles. Thecommissioner may direct that any bedding,clothing, putrid or unsound meat, hides or skinsof any kind, or food of any kind, or any otherarticle or substances found within the city,which in the commissioner's opinion will bedangerous to the health of the inhabitantsthereof, be held, impounded, destroyed, buried,disinfected or made nonhazardous, and thecommissioner may employ such persons asdeemed proper to remove, disinfect or destroysuch articles.

17-16. Power to Isolate and Quarantine. Thecommissioner may restrict to a suitable placepersons sick of or exposed to any condition ofcommunicable disease necessitating isolationor quarantine. The commissioner may securesuitable places for the reception of persons sick

of or exposed to any pestilential or infectiouscommunicable disease or condition and forbidand prevent all direct contact with isolated andquarantined persons and their immediateenvironment except persons with permissionfrom the commissioner. If an isolation site isdesignated which is not a licensed hospital,such isolation place shall be under thejurisdiction of the commissioner.

17-17. Temporary Control of Facilities. Whenthe commissioner declares an outbreak ofepidemic, the commissioner may takepossession of, and occupy as temporaryhospitals or isolation sites, any building in thecity. The city shall, when requested, pay a justcompensation for the use of the property.

17-18. Power to Provide Place for Those withContagious Diseases. When the commissionershall deem it necessary to isolate or quarantinea person having or suspected of having acontagious or infectious disease or condition,hereinafter termed a patient, or persons whoare contacts to such a patient, thecommissioner may procure or see that suitableplaces or sites for their reception and care areprovided. If it is deemed necessary, thecommissioner may prohibit anyone from havingdirect contact with the patient if the person doesnot have written permission from thecommissioner, except attending physicians andnurses, members of the clergy and members ofthe immediate family. When it is deemednecessary, the commissioner may require thata patient be moved to an isolation or quarantinesite if it can be done without danger to thepatient's health. If the patient is an infant orchild who is to be moved to such an isolationsite, a parent or other responsible adult mayaccompany and remain with the child with thecommissioner's permission.

17-19. Reports of Health Hazards. Thecommissioner may require persons to reportwithin the time specified to the commissioner insuch way and on such forms as thecommissioner may prescribe, the identity ofpersons, animals and birds with any reportablecommunicable disease or condition, orsuspected of having such reportable disease orcondition or having died of such reportabledisease or condition or the existence of anycondition or possession of any material thatmay adversely affect the public health.

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17-20. Noxious Matters in Streams. No personmay deposit or knowingly cause or allow to bedeposited in any open stream or river ortributary thereto in the city of Milwaukee, anyoffal, garbage or filth or any refuse, obnoxious,odious or unhealthful matter of any kind ornature whatever, from any building,establishment or place or conveyance or thingof whatever kind. The commissioner shallenforce this section.

Commissioner Of Health (History) 17--

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LEGISLATIVE HISTORYCHAPTER 17

Abbreviations:am = amended ra = renumbered and amended rn = renumberedcr = created rc = repealed and recreated rp = repealed

Section Action File Passed Effective

Ch. 17 rc 84-1714 3/5/85 5/21/8517-02 rc 880330 2/14/89 5/5/8917-11 rc 910470 8/2/91 10/21/91

17-- Commissioner Of Health

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