PUBLIC HEALTH

Madison General Ordinances ch. 7

in effect

Madison General Ordinances § 7.01 BOARD OF HEALTH FOR MADISON AND DANE COUNTY.

7.01 - BOARD OF HEALTH FOR MADISON AND DANE COUNTY. (1) Creation. The Board of Health for Madison and Dane County is hereby created to serve as the Board of Health for the City of Madison Department of Public Health and the Dane County Division of Public Health and upon full merger, will serve as the Board for the Madison and Dane County Health Department. (a) (Rep. by ORD-13-00110, 6-12-13) (2) Composition, Terms. The Board of Health for Madison and Dane County shall consist of eight (8) members. Appointees who are not elected officials shall have a demonstrated interest or competence in the field of public health or community health and shall reflect the diversity of the community. (a) The Mayor shall appoint one (1) alder member subject to confirmation by the Common Council. (b) The County Executive shall appoint one (1) supervisor member subject to confirmation by the County Board. The supervisor shall reside outside the City. (c) The Mayor and the County Executive shall jointly appoint six (6) members. A good faith effort shall be made to appoint one (1) licensed physician, one (1) environmental health expert, and one (1) registered nurse. The physician shall be appointed from a list submitted by the Dane County Medical Society. The nurse shall have experience in community health practice. The appointments shall be as follows: 1. Three (3) members shall be City residents and shall be subject to confirmation by the Common Council. 2. Three (3) members shall be County residents who reside outside of the City and shall be subject to confirmation by the County Board. 3. The board members' term shall be as follows: a. The supervisor terms shall be for two (2) years and alders shall be appointed to one-year terms pursuant to Sec. 33.01(6)(a). (Am. by ORD-26-00017, 4-3-26) b. The remaining six (6) board members terms shall be for three (3) years, staggered so that two (2) board members' term expire each year (one each from the city and the county). In January, 2008, these board members shall determine, by lot, which members have initial terms of one (1), two (2) or three (3) years. Thereafter the terms shall be for three (3) years. c. The board member's term shall be automatically terminated and a vacancy created upon their absence from three (3) consecutive meetings. (d) Officers. By majority vote of members present the Board of Health for Madison and Dane County shall elect officers on an annual basis. Elected officials of the City and County may not serve as Board officers. Officers shall include: 1. Chairperson, to preside at meetings; 2. Vice Chairperson, to preside at meetings in the Chairperson's absence. 3. Any other officer(s) the Board so chooses. (e) Rules. The Board may adopt rules for the purposes of exercising its responsibilities for public health under the statutes, the City and County ordinances. The Board of Health for Madison and Dane County shall: 1. Meet at least quarterly. 2. Establish rules for its operation. 3. Adhere to state laws regarding open meetings and public records. 4. Consider five (5) members present as a quorum. 5. Establish bylaws as desired. (3) Powers and Duties. The Board of Health for Madison and Dane County shall govern Public Health Madison and Dane County and shall assure the enforcement of state and local public health laws and regulations. The Board may adopt rules implementing policies adopted by the Common Council and the County Board. The Board of Health for Madison and Dane County shall: (a) Provide supervision to the Director. (b) Assess public health needs and advocate for the provision of reasonable and necessary public health service. (c) Develop policy and provide leadership that fosters local involvement and commitment that emphasizes public health needs and that advocates for equitable distribution of public health resources and complimentary private activities commensurate with public health needs. (d) Assure that measures are taken to provide an environment in which individuals can be healthy. (e) Determine Program Services priorities and assign the funding levels related to those priorities, subject to approval of the City and County. (f) Use the State's Health Plan, Healthiest Wisconsin 2010, as the focus for the Department. (g) Assure the enforcement of state public health statutes, public health rules and City and County public health ordinances. (h) Otherwise carry out obligations of a Board of Health under Wisconsin law. (i) When entering into contracts, the Board may do so in its own name, for the benefit of the City and the County. (4) Delegation of Authority. The Board of Health for Madison and Dane County may delegate responsibility for redesign, planning, implementation, coordination, and evaluation of Program Services to the Director and their management team. (5) Program Services. The Board of Health for Madison and Dane County shall have the authority to act on behalf of Public Health Madison and Dane County and enter into contracts for the purchase of services to Public Health Madison and Dane County, the City and the County. The Board of Health for Madison and Dane County may delegate that authority to the Director. (Am. by ORD-15-00009, 1-28-15) (6) Legal Counsel. The Board of Health for Madison and Dane County shall have the authority to retain outside counsel, subject to approval of the City and County. (7) Limitations of Powers in First Year. After the confirmation of the Board of Health for Madison and Dane County and until amended by a subsequent agreement between the City and the County, contracts in excess of $50,000 and regulations established by Board of Health for Madison and Dane County shall be brought to the Common Council and the Board of Supervisors for approval. During this time period the Board of Health for Madison and Dane County may approve contracts under $50,000 to provide public health services. The Board of Health for Madison and Dane County may apply for combined grants or program operations on behalf of the City and the County or for individual grants on behalf of the City and County where appropriate. (8) Other Duties. The BOHMDC shall have the duties and obligations set forth in the Intergovernmental Agreement between the City of Madison and Dane County. (9) Safe Food Advisory Subcommittee. The Safe Food Advisory Subcommittee is a subcommittee of the Board of Health for Madison and Dane County. It shall consist of ten (10) food operators identified by Public Health Madison and Dane County as having demonstrated a willingness to join with the Department in improving public health within the food industry. The members will be appointed by the Board of Health. (Cr. by ORD-09-00052, Pub. 4-2-09, Eff. 8-1-09; Am. by ORD-15-00009, 1-28-15) (Sec. 7.01 Am. by ORD-05-00033, 2-24-05; ORD-08-00120, 10-24-08)

Madison General Ordinances § 7.02 DIRECTOR OF PUBLIC HEALTH MADISON AND DANE COUNTY.

7.02 - DIRECTOR OF PUBLIC HEALTH MADISON AND DANE COUNTY. The Mayor and the County Executive jointly shall appoint the Local Health Officer whose title shall be Director of Public Health Madison and Dane County for Madison and Dane County, subject to confirmation of the Common Council and the County Board. The Director shall be a resident of Dane County. The Board of Health for Madison and Dane County shall provide supervision of the Director and shall be responsible for any personnel decisions, other than appointment and dismissal, regarding the Director. The Director shall have direct responsibility for the transition to and operation of Public Health Madison and Dane County. (Sec. 7.02 Am. by Ord. 6997, 5-28-80; ORD-05-00033, 2-24-05; ORD-08-00120, 10-24-08; ORD-15-00009, 1-28-15)

Madison General Ordinances § 7.03 DEFINITIONS.

7.03 - DEFINITIONS. Whenever the terms "Health Department", "Department of Public Health", "City Department of Public Health", "Madison Public Health Department", "Department" or "City of Madison Health Department" are found within this Chapter they shall be given the definition of "Public Health Madison and Dane County". Whenever the term "Director of Public Health", "Director" or "Director of Health" are found within this Chapter they shall be given the definition of the "Director of Public Health Madison and Dane County or their designee." Whenever the term "Commission", "Board of Health" or "Board" are found within this Chapter they shall be given the definition of the "Board of Health for Madison and Dane County." (R. & Rec. by ORD-08-00120, 10-24-08; Am. by ORD-15-00009, 1-28-15)

Madison General Ordinances § 7.04 HUMANE OFFICERS ABATEMENT ORDERS.

7.04 - HUMANE OFFICERS ABATEMENT ORDERS. (1) An Administrative Hearing Committee of the Board of Health for Madison and Dane County is hereby designated and authorized, pursuant to Wis. Stat. § 173.03(2), to affirm, modify, or withdraw abatement orders issued under Wis. Stat. § 173.11 by any humane officer or law enforcement officer. (2) Any person named in an abatement order may appeal such order to the Administrative Hearing Committee of the Board of Health for Madison and Dane County within ten (10) days of service of the order. The notice of appeal must state the grounds for the appeal with specificity. The Administrative Hearing Committee of the Board of Health for Madison and Dane County shall schedule a hearing to be held within ten (10) days of the receipt of the notice of appeal, unless the appellant agrees to a later date. The Board of Health for Madison and Dane County shall make reasonable efforts to notify the appellant, the officer issuing the abatement order, and any other interested party of the hearing and the opportunity to present evidence and testimony at the hearing. The hearing shall be informal in nature. Within ten (10) days after the hearing, the Administrative Hearing Committee of the Board of Health for Madison and Dane County shall determine whether to affirm, modify and affirm, or withdraw the abatement order and shall issue their decision in writing and serve it upon the appellant and other interested parties. (3) Any person adversely affected by a decision under subsection (2) may seek judicial review by commencing an action in circuit court within thirty (30) days after the date that the decision is issued. (R. & R. by ORD-08-00120, 10-24-08; Am. by ORD-19-00030, 4-29-19)

Madison General Ordinances § 7.05 INSPECTION OF HEALTH CONDITIONS—ACCESS TO PREMISES—POWER TO ABATE HEALTH NUISANCES.

7.05 - INSPECTION OF HEALTH CONDITIONS—ACCESS TO PREMISES—POWER TO ABATE HEALTH NUISANCES. (1) It shall be the duty of the Director of Public Health Madison and Dane County and Chief of Police and their designee and they shall have the power, whenever they may deem it necessary, and whenever they shall be so required by the Director of Public Health Madison and Dane County in order to promote the public health, to enter upon any premises and into any house to ascertain every nuisance that may exist, and examine into the condition and the number of persons inhabiting such house, and to inspect the cellars, privies, cesspools, and drains of such premises, and to order the dispersion or removal of families or persons from buildings or apartments so much crowded as to be suspected of being infected or liable to be infected with any pestilential or other dangerous disease, and from houses which are not fit for human habitation and to order the abatement and removal of such nuisances in any such house, or on such premises. The Director of Public Health Madison and Dane County, Health Inspector, or any member of the Police Department shall have the right to enter upon any premises and into any house to ascertain whether or not such house or premises are connected with the public sewer system of the City and to examine into the condition and manner of the construction of such sewer connection, and to inspect the cellars, cesspools, privies, drains, and grease-traps on such premises, and in case they find any violation of any ordinance of the City regulating the manner of construction of such sewer connections, or in the manner in which it is being used by the occupants of any building or premises, they shall immediately report such violation to the City Engineer, and the Plumbing Inspector. (2) Definition. "Health Nuisance" means a substance, activity or condition that is known to have the potential to cause acute or chronic illness, to endanger life, to generate or spread infectious diseases, or otherwise injuriously to affect the health of the public. (3) Unlawful to Refuse Access for Examination of Health Conditions on Premises. It shall be unlawful for any person to refuse to the Director of Public Health Madison and Dane County and their designee, or any member of the Police Department, free access to any building or premises for the purpose of examining the health conditions therein or thereon or to hinder or obstruct the free examination of such building or premises. (4) Search Warrant. Whenever the Director of Public Health Madison and Dane County or their designee shall deem it necessary for the preservation of the health of the inhabitants of the City to enter any building in the City for the purpose of examining into or removing or preventing any health nuisance, source of filth, or cause of sickness, and shall be refused such entry, or the building is unoccupied, the Director of Public Health Madison and Dane County or their designee may make complaint under oath to the judge of the County Court of Dane County, stating the facts in the case, and request such court to issue a warrant directing a police officer of the City, commanding the officer to take sufficient aid, and being accompanied by the Director of Public Health Madison and Dane County or their designee, to the place where such nuisance, source of filth or cause of sickness complained of may be, and if upon inspection the same shall, in the judgment of such persons inspecting, exist, to destroy or remove the same under the direction of the Director of Public Health Madison and Dane County. (5) Abatement of Health Nuisances. Whenever any health nuisance, source of filth or cause of sickness shall be found on private property, the Director of Public Health Madison and Dane County or their designee shall order the owner or occupant thereof to remove or abate the same at the owner's expense within a reasonable time which shall be specified in the notice and if the owner shall refuse or neglect to comply with such order, the owner shall be subject to a fine of not less than ten dollars ($10) nor more than one hundred dollars ($100), and each day on which any person shall so refuse or neglect to comply with such order after service of the same may be considered a separate offense and a separate penalty collected therefor. Whenever such owner or occupant shall refuse or neglect to remove or abate said condition, the Director of Public Health Madison and Dane County shall cause the same to be removed or abated and the City shall recover the expenses incurred thereby from the said owner or occupant, or from such other person as shall have caused or permitted the same. In case the owner is absent from the City, notice to the person who receives the rent or has charge of the property shall be deemed notice to the owner. If any owner or occupant is required to remove any nuisance, source of filth or cause of sickness by filling up low or marshy places upon the property owned or occupied by him or her and fails or neglects to do so within the time specified in the notice, then the Director of Public Health Madison and Dane County shall cause such work to be done by the appropriate entity and the cost thereof shall be collected from the owner of the premises. When the Director of Public Health Madison and Dane County or their designee shall cause any such health nuisance, source of filth or cause of sickness existing on private property to be removed or abated in accordance with the provisions of this section, and the owner of such property fails to pay for the expense of such removal or abatement, then the costs thereof shall be levied and collected as a special tax upon the lot or land upon which such work was done. (6) It shall be unlawful for any individual to create or permit a health nuisance. (7) Any person who violates sub. (6) shall be subject to a penalty of not more than one thousand dollars ($1,000). Each and every day of violation shall constitute a separate offense. (Sec. 7.05 Am. by ORD-08-00120, 10-24-08; ORD-14-00045, 3-6-14; ORD-15-00009, 1-28-15)

Madison General Ordinances § 7.06 CONTAGIOUS DISEASES.

7.06 - CONTAGIOUS DISEASES. (1) Duty of Director of Public Health Madison and Dane County. It shall be the duty of the Director of Public Health Madison and Dane County upon the appearance of any communicable disease, as defined in chapter 252 of the revised statutes of Wisconsin, within the limits of the City, to investigate immediately all the circumstances, and to promptly take such measures for the prevention, suppression and control of any such disease as they deem needful and proper. The Director of Public Health Madison and Dane County shall cause to be quarantined and placarded any house or building within the City wherein there exists, or where there shall have recently existed a communicable disease, and to continue such quarantine for such reasonable length of time as may prevent the spread of disease. (Am. by ORD-06-00176, 12-8-06; ORD-14-00012, 1-14-14) (2) Persons Quarantined Not to Leave Premises. No person, whether afflicted with any communicable disease as defined in chapter 252 of the Wisconsin Statutes, or not, shall visit or depart from any premises which shall have been quarantined by the Director of Public Health Madison and Dane County until given permission by such Director of Public Health Madison and Dane County. Any person who shall violate the provisions of this subsection shall be subject to a fine of not less than five dollars ($5) nor more than five hundred dollars ($500). (Am. by ORD-06-00176, 12-8-06) (3) Physicians to Report Existence of Communicable Diseases. A physician knowing or having reason to know that a person treated or visited by him or her has a communicable disease, or having such disease, has died, shall report the same to the Director of Public Health Madison and Dane County. Any physician who shall refuse or neglect to give such notice for a period of twenty-four (24) hours shall be subject to a fine of not less than five dollars ($5) nor more than twenty-five dollars ($25) for each day of such refusal or neglect after the expiration of said twenty-four (24) hours. (Am. by ORD-14-00012, 1-14-14) (4) Removal of Persons Afflicted With Communicable Diseases. The Director of Public Health Madison and Dane County, Health Inspectors and the Chief of Police and each of them is authorized to remove or cause to be removed, when so instructed by the Director of Public Health Madison and Dane County, any person afflicted with any dangerous communicable disease to such place as may be deemed expedient and appropriate; and they shall, under the direction of the Director of Public Health Madison and Dane County, destroy any furniture, clothing, or other property which may cause the spreading of such disease, or cause it to be removed or disinfected. (Am. by ORD-08-00120, 10-24-08) (Am. by ORD-15-00009, 1-28-15)

Madison General Ordinances § 7.07 REGULATIONS REGARDING FOODS HANDLED BY PUBLIC PLACES.

7.07 - REGULATIONS REGARDING FOODS HANDLED BY PUBLIC PLACES. (1) No meats, fish, fruit, vegetables, or other articles of food shall be sold or offered or held for sale as food unless the same is fresh or properly preserved, sound, wholesome, and safe for use as food, nor shall any flesh of any animal which died by disease be sold or offered for sale in the City of Madison. (2) All fruits and vegetables and other articles of food liable to contamination from dirt, flies, or other sources, when displayed outside of any building in any open window, or doorway or upon any sidewalk, street or alley, shall be elevated to a distance of at least twenty-four (24) inches above the floor or sidewalk and shall be covered with some suitable material to protect such articles of food from contamination and the sale or offering for sale of such articles of food that have been exposed to filth of any source or polluted in any manner by animals, insects, or vermin is hereby prohibited and declared unlawful. (3) All places where food products are manufactured or prepared or sold to the public shall be maintained in a clean and sanitary condition and no foods shall be prepared, handled or cared for in any unclean manner. (Am. by ORD-24-00079, 12-4-24) (4) When flies are prevalent, all openings into the outer air shall be effectively screened and doors shall be self-closing, unless other effective means are provided to prevent the entrance of flies. (5) Ice cream and butter sold or offered for sale in the City of Madison shall in every particular be standard and as fixed by the laws of the State of Wisconsin at the time the same is sold or offered for sale. (6) The Director of Public Health Madison and Dane County is hereby authorized and directed to seize and destroy any articles of food or drink which are offered or held for sale as food or drink which have become tainted, decayed, spoiled, or otherwise unwholesome or unfit to be eaten or drunk. (7) The term food as used herein includes all articles used for food or drink by man, whether simple, mixed, or combined. (8) Food and Drink License. (a) No person, firm, or corporation shall sell at retail, offer for sale at retail, or hold for sale at retail any meat, fish, fruit, vegetables or other articles of food without possessing a food and drink license in good standing. The license shall be posted in a conspicuous place in the premises named in the license. Only a person who complies with the requirements of this ordinance shall be entitled to receive and/or retain a license. (b) Application. At least seven (7) days prior to opening for business the applicant shall apply for a license with the Clerk of the City of Madison. The City Clerk shall transmit such application to Public Health Madison and Dane County. Public Health Madison and Dane County shall make such inspections as are necessary to determine whether all requirements of this ordinance have been satisfied. Permits shall be issued by the City Clerk only after the application therefor has been approved in writing by the Director of Public Health Madison and Dane County. (c) Emergency Temporary Suspension. Any license issued pursuant to this ordinance may be temporarily suspended or a method of operation or use of specific equipment temporarily prohibited by the Director of Public Health Madison and Dane County upon observation of violation of any of the provisions of this ordinance upon the premises named in the license, if the Director of Public Health Madison and Dane County has reasonable cause to believe that the violation or violations create an immediate danger to health. Suspension of all operations authorized by the license may be ordered only if a more limited order will not remove the immediate danger. Reinstatement of the permit shall occur pursuant to Sec. 7.08(8) of the Madison General Ordinances. This order shall take effect immediately upon delivery to the operator or other person in charge of the establishment. The order shall be accompanied by written notice of the procedures for reinstatement and notice of the right to a hearing before a subcommittee of the Health Commission consisting of three members appointed by the Chair. Such hearing, which shall follow the procedures in Sec. 7.07(8)(d), must be held no later than fourteen (14) days after service of the notice unless both parties agree to a later date. The decision shall be issued within ten (10) days of the hearing. It may reverse, affirm or modify the order of the Director of Public Health Madison and Dane County and may order one or more of the options set forth in Wis. Stat. § 66.0417(3). Review of the decision shall be as provided in Sec. 7.07(8)(e) below. (d) Suspension/Revocation. In addition to any other penalty provided by these ordinances, any license may be suspended or revoked, by the Subcommittee of the Board of Health for Madison and Dane County formed for such purpose or by the Board of Health for Madison and Dane County as set forth below, upon serious or repeated violations of this ordinance. The license shall not be suspended or revoked until the license holder has had notice and an opportunity for a hearing. If the Director of Public Health Madison and Dane County is requesting suspension of a license, the matter shall be heard before a subcommittee of the Board of Health for Madison and Dane County consisting of three (3) members appointed by the Chair. If the Director of Public Health Madison and Dane County seeks revocation of the license, the hearing shall be before the Board of Health for Madison and Dane County, provided that the Board of Health for Madison and Dane County shall nevertheless have the authority to either suspend or revoke such license. The licensee shall be notified in writing of the charges against them at least ten (10) days prior to the hearing. At the hearing the licensee and the Director of Public Health Madison and Dane County shall have the opportunity to cross-examine witnesses, may call witnesses in their own behalf or may be represented by counsel. Within ten (10) days of the hearing, the administrative hearing body shall issue a written decision stating the reasons therefor. If ordered, suspension shall be for a period not to exceed six (6) months; revocation shall be for a period of one (1) year. (e) Judicial Review. The decision of the administrative hearing body shall be a final determination and shall be subject to review in court as may be provided by law. Any person aggrieved by the decision may seek review thereof within thirty (30) days after the date of the final determination. (f) Properly prepared plans for licensed premises which are hereafter constructed, reconstructed or extensively altered shall be submitted to the Director of Public Health Madison and Dane County and signed approval shall be obtained from the Director of Public Health Madison and Dane County before work is begun. (g) The annual fee for the food and drink license shall be established by the Board of Health in an amount sufficient to recover the costs incurred by the City and may be reestablished by the Board of Health as needed. City fees for licenses required by the Madison General Ordinances Chapter 7 shall be published in the Public Health Madison and Dane County Fee Schedule, which shall be publicly available at the City Clerk's Office and posted on the Public Health Madison and Dane County's website. The licensing year shall be from July 1 through the following June 30. The permit fee shall be for one year or a fractional part thereof. Renewal licenses shall be obtained on or before June 30 of each year or be subject to a late filing fee of twenty-five percent (25%) of the license fee. Payment of the late filing fee shall not relieve any person from any other penalties prescribed in this chapter for failure to possess or obtain a license. (h) Holders of malt beverage licenses and intoxicating liquor licenses pursuant to Chapter 38 of these ordinances otherwise required to possess a food and drink permit, need not include the anticipated gross sales of such beverages regulated by said ordinance sections in determining the fee for the food and drink permit. (i) Change of Ownership. Every license holder within this section shall promptly notify Public Health Madison and Dane County in writing of their intention to cease operations and shall also supply Public Health Madison and Dane County with the names and post office addresses of any prospective new operators. (j) License Contingent on Payment of Fees. The City Clerk or Public Health Madison and Dane County may not issue or renew a food and drink license unless the license applicant or holder pays all fees which are due and payable under this section. (9) Micro Market License. (a) A micro market is an unstaffed, self-checkout retail food establishment selling prepackaged time- and temperature-controlled food located within a business. (b) No person, firm, or corporation shall operate a micro market without possessing a food and drink license in good standing. The license shall be posted in a conspicuous place in the premises named in the license. Only a person who complies with the requirements of this ordinance shall be entitled to receive and/or retain a license. (c) The annual fee for the micro market license shall be forty dollars ($40) for one micro market located in a building, and shall be sixty dollars ($60) for two or more micro markets located in the same building. The licensing year shall be from July 1 through the following June 30. The license fee herein established shall be for one year or a fractional part thereof. Renewal licenses shall be obtained on or before June 30 of each year or be subject to a late filing fee of twenty-five percent (25%) of the license fee. Payment of the late filing fee shall not relieve any person from any other penalties prescribed in this chapter for failure to possess or obtain a license. (10) Reinspection Fees. (a) Requested Inspections. Every license holder within this section who requests an inspection shall pay the pre-inspection fee herein set forth before said inspection. (b) An applicant for a food and drink license shall schedule a pre-inspection with Public Health Madison and Dane County after submitting their application and prior to Public Health Madison and Dane County or City Clerk issuing their license. (c) Pre-Inspection Fees. The pre-inspection fees for a food and drink license shall be established by the Board of Health and may be reestablished by the Board of Health as needed. (d) Pursuant to authority set forth in Wis. Stat. § 97.615, the pre-inspection fee for a food and drink license shall be based upon the anticipated gross annual food and drink sales for the licensing year as set forth in the Public Health Madison and Dane County Fee Schedule. Micro markets are exempt from pre-inspection fees. (e) Pre-inspection fees for a food and drink license established by the Board of Health shall be published in the Public Health Madison and Dane County Fee Schedule, which shall be publicly available at the City Clerk's Office and posted on the Public Health Madison and Dane County's website. (11) Reinspection Fee. (a) If Public Health Madison and Dane County reinspects a premise licensed under this section because Public Health Madison and Dane County finds a violation of Madison General Ordinances Section, Public Health Madison and Dane County shall charge the license holder a reinspection fee. (b) The reinspection fee for the food and drink license shall be based upon the anticipated gross annual food and drink sales for the licensing year asset forth within the Public Health Madison and Dane County Fee Schedule. The reinspection fee for a food and drink license shall be established by the Board of Health and may be reestablished by the Board of Health as needed. (c) The reinspection fee for a food and drink license established by the Board of Health shall be published in the Public Health Madison and Dane County Fee Schedule, which shall be publicly available at the City Clerk's Office and posted on the Public Health Madison and Dane County's website. (d) The reinspection fee is payable when the reinspection is completed and is due upon written demand from Public Health Madison and Dane County. (12) Plan Review Requirement and Fee. Public Health Madison and Dane County shall require the license holder or license applicant of a new or extensively remodeled food establishment to submit equipment layout plans, equipment schedules, detailed descriptions of food processing operations, and menus for review as requested. Public Health Madison and Dane County shall charge the license holder of the new or remodeled food establishment the pre-inspection fee as required in this section. (Cr. by ORD-24-00079, 12-4-24) (13) Fees for Special Conditions Inspections. Public Health Madison and Dane County may charge for an inspection or on-site consultation services that are not directly related to Public Health Madison and Dane County's licensing responsibilities. Public Health Madison and Dane County may charge the license holder requesting the inspection or on-site consultation a fee as set forth in the Public Health Madison and Dane County Fee Schedule. The fee for a special conditions inspection shall be established by the Board of Health and shall be published in the Public Health Madison and Dane County Fee Schedule, which shall be publicly available at the City Clerk's Office and posted on the Public Health Madison and Dane County's website. (Cr. by ORD-24-00079, 12-4-24) (14) Fees for Hazard Analysis and Critical Control Point (HACCP) Plan Validation and Verification. Public Health Madison and Dane County may charge a fee for a HACCP plan validation and subsequent annual verification to the operator or entity required by law to submit a HACCP plan for approval. A separate HACCP plan validation or verification fee shall be paid for each HACCP plan. The fee for a HACCP plan validation and annual verification shall be established by the Board of Health and shall be published in the Public Health Madison and Dane County Fee Schedule, which shall be publicly available at the City Clerk's Office and posted on Public Health Madison and Dane County's website. (Cr. by ORD-24-00079, 12-4-24) (15) Fees for a Risk Control Plan. Public Health Madison and Dane County may charge a fee as set forth in the Public Health Madison and Dane County Fee Schedule for Risk Control Plan. The fee shall be established by the Board of Health and may be reestablished by the Board of Health as needed. The fee be established by the Board of Health shall be published in the Public Health Madison and Dane County Fee Schedule, which shall be publicly available at the City Clerk's Office and posted on website. A separate Risk Control Plan fee shall be paid for each Risk Control plan. (Cr. by ORD-24-00079, 12-4-24) (16) Fee for Operating Without a Certified Food Protection Manager. Public Health Madison and Dane County shall charge the license holder of a food establishment for operating without a certified food protection manager. The fee shall be established by the Board of Health and may be reestablished by the Board of Health as needed. The fee established by the Board of Health shall be published in the Public Health Madison and Dane County Fee Schedule, which shall be publicly available at the City Clerk's Office and posted on the Public Health Madison and Dane County's website. (Cr. by ORD-24-00079, 12-4-24) (17) Fees for Operating Without a License. Any operator of a food establishment requiring a food and drink license found to be operating without a license, shall pay to the Public Health Madison and Dane County a fee as set forth in the Public Health Madison and Dane County Fee Schedule, in addition to applicable fees. (Cr. by ORD-24-00079, 12-4-24) (18) Penalty. (a) Any person violating the provisions of this section shall be punished by a fine of not less than twenty dollars ($20) nor more than two hundred dollars ($200) and each day of violation shall constitute a separate offense. (b) In addition to the above penalties, the Public Health Madison and Dane County may order the suspension or revocation of the license issued to an establishment under this section. (c) Wis. Stat. § 66.0417(5)(b), regarding the impeding of city inspectors in the performance of their duties and the giving of false information to such inspectors, and all subsequent amendments, additions, and recodifications thereto are hereby adopted by reference. (Am. by Ord. 11,176, 2-14-95; Am. by Ord. 12,055, 3-13-98; Ord. 12,562, 5-3-00; Ord. 13,306, 4-30-03; Ord. 13,505, 2-20-04; ORD-06-00156, 11-23-06; ORD-12-00075, 6-20-12; ORD-15-00063, 6-24-15; ORD-16-00111, 12-14-16; Am. by ORD-19-00079, 11-13-19; Am. by ORD-21-00003, 1-19-21; Am. by ORD-22-00125, 12-15-22; Am. by ORD-24-00079, 12-4-24) (Sec. 7.07(9) Cr. by ORD-16-00111, 12-14-16; Am. by ORD-18-00127, 12-14-18; Am. by ORD-24-00079, 12-4-24) (Cr. by Ord. 10,745, 10-15-93; Am. by Ord. 12,728, 12-14-00; Ord. 13,505, 2-20-04; ORD-06-00156, 11-23-06; ORD-16-00111, 12-14-16; Am. by ORD-19-00079, 11-13-19; Am. by ORD-24-00079, 12-4-24) (Cr. by Ord. 10,745, 10-15-93; Am. by ORD-24-00079, 12-4-24) (Renumbered by Ord. 10,745, 10-15-93; Am. by ORD-15-00009, 1-28-15; Renum. by ORD-16-00111, 12-14-16; Cr. by ORD-24-00079, 12-4-24) (Am. by ORD-15-00009, 1-28-15; Renum. by ORD-16-00111, 12-14-16)

Madison General Ordinances § 7.08 REGULATIONS GOVERNING EATING AND DRINKING ESTABLISHMENTS.

7.08 - REGULATIONS GOVERNING EATING AND DRINKING ESTABLISHMENTS. (1) Definitions. The following definitions shall apply in the interpretations and the enforcement of this ordinance: Approved. Wherever the word "approved" appears in this regulation, it shall mean approved by Public Health Madison and Dane County unless otherwise specified. Director of Public Health Madison and Dane County. The term "Director of Public Health Madison and Dane County" shall mean the Director of Public Health Madison and Dane County or their authorized representative. Employee. The term "employee" shall mean any person who is engaged in the preparation or serving of food or drink, or who comes in contact with any eating or drinking utensils and who is employed in a room in which food or drink is prepared or served. Food Establishment. Food establishments are defined as an operation that stores, prepares, serves, vends, sells or otherwise provides food for human consumption. The term includes, but is not limited to, a restaurant, retail food establishment, and temporary food establishment. Permit. The term "permit" as used in this ordinance means a "permit to operate an eating or drinking establishment." Restaurant. The term "restaurant" shall mean restaurant, coffee shop, cafeteria, short order cafe, luncheonette, tavern, sandwich stand, and all other eating and drinking establishments. Kitchens or other places in which meals, lunches or sandwiches are prepared for sale elsewhere, and any conveyance or place from which meals, lunches, or sandwiches are sold are termed "restaurant" for the purpose of this ordinance. The term "restaurant" does not apply to churches, religious and fraternal organizations which occasionally prepare and serve or sell meals or lunches to transients or the general public. Temporary Food Establishment. Temporary food establishment is defined as a food establishment that operates at a fixed location for a period of no more than fourteen (14) consecutive days in conjunction with a single event or celebration such as a fair, carnival, circus, public exhibition, anniversary sale, or occasional sales promotion. Utensils. "Utensils" shall mean any kitchenware, tableware, glassware, cutlery, containers, or other equipment with which food or drink comes in contact during storage, preparation or serving. (2) Permits. It shall be unlawful for any person, who does not possess a food and drink permit in good standing, to operate a restaurant in the City of Madison. (Am. by Ord. 8189, 12-28-83) (3) Authority to Restrict Permit. The Chief of Police or designee may reasonably limit or restrict the operation of a restaurant including mobile carts within such areas of the City as necessary to prevent a traffic hazard, or to protect life and property. Such limitation or restriction shall be for only as long as necessary to restore order and peace. (Cr. by Ord. 11,851, 4-24-97) (4) Examination and Condemnation of Unwholesome or Adulterated Food and Drink. Samples of food, drink, and other substances may be taken and examined by the Director of Public Health Madison and Dane County as may be necessary for the detection of unwholesomeness or adulteration. The Director of Public Health Madison and Dane County may condemn and forbid the sale of or cause to be removed or destroyed, any food or drink which is unwholesome or adulterated. (Am. by ORD-15-00009, 1-28-15) (5) Inspection of Restaurants. At least once every twelve (12) months the Director of Public Health Madison and Dane County shall inspect every restaurant located within the City of Madison. In case the Director of Public Health Madison and Dane County discovers the violation of any of the provisions of subsection (6) of this ordinance, they shall make a second inspection after the lapse of such time as is reasonably necessary for the defect to be remedied, and the second inspection shall be used in determining compliance with the requirements of this ordinance. Any violation of the same item of this ordinance on such second inspection shall be grounds for suspension of permit. One copy of the inspection report shall be posted by the Director of Public Health Madison and Dane County upon an inside wall of the restaurant, and said inspection report shall not be defaced or removed by any person except the Director of Public Health Madison and Dane County. Another copy of the inspection report shall be filed with the records of Public Health Madison and Dane County. The person operating the restaurant shall upon request of the Director of Public Health Madison and Dane County permit access to all parts of the establishment and shall permit viewing any or all records of foods purchased. (6) Sanitation Requirements for Restaurants. All restaurants shall comply with the following sanitation requirements. (a) Floors. The floors of all rooms in which food or drink is stored, prepared or served, or in which utensils are washed, shall be of such construction as to be easily cleaned, shall be smooth, and shall be kept clean and in good repair. (b) Walls and Ceilings. Walls and ceilings of all rooms shall be kept clean and in good repair. All walls and ceilings of rooms in which food or drink is prepared shall be finished in light color. The walls of all rooms in which food or drink is prepared or utensils are washed shall have a smooth washable surface. (c) Doors and Windows. When flies are prevalent, all openings into the outer air shall be effectively screened and doors shall be self-closing unless other effective means are provided to prevent the entrance of flies. (d) Lighting. All rooms in which food or drink is stored or prepared or in which utensils are washed shall be well lighted. (e) Ventilation. All rooms in which food or drink is stored, prepared, or served, or in which utensils are washed, shall be well ventilated. Grills shall be equipped with an effective hood containing filters and a fan to exhaust smoke and fumes. (f) Toilet Facilities. Every restaurant shall be provided with adequate and conveniently located toilet and approved handwashing facilities for the public and its employees conforming with the General Ordinances of the City of Madison except that: 1. Access of the public toilets shall not be through an area where food or utensils are stored or processed. 2. Employees' toilets opening directly into a food storage or preparation area shall have self-closing doors. 3. Handwashing signs shall be kept posted in toilet rooms used by employees. (g) Water Supply. Adequate safe water under pressure shall be convenient in any room where food is prepared or utensils are washed. Private water supply installation shall be in conformance with the Wisconsin Well Construction and Pump Installation Code. Private water supplies shall be sampled at least once every six (6) months and shall conform to the standards of Public Health Madison and Dane County. For the safety of the occupants of the building the general water supply shall not exceed one hundred fifty (150) degrees Fahrenheit. It is recommended that water hardness in the hot water supply should not exceed five (5) grains in hardness. (h) Lavatory Facilities. Separate handwashing facilities in the food preparation area shall be provided. Hot and cold running water, soap and approved hand drying facilities shall be available. (i) Construction of Utensils and Equipment. All multi-use utensils and all show and display cases or windows, counters, shelves, tables, refrigerating equipment, sinks, and other equipment or utensils used in connection with the operation of a restaurant shall be so constructed as to be easily cleaned and shall be kept in good repair. Work surfaces shall be constructed of hardwood or other approved corrosion resistant material. (j) Cleaning and Bactericidal Treatment of Utensils and Equipment. 1. All equipment, including display cases or windows, counters, shelves, tables, refrigerators, stoves, hoods, and sinks, shall be kept clean and free from dust, dirt, insects, and other contaminating material. All cloths used by waiters, chef, and other employees shall be clean. Single-service containers shall be used only once. 2. All multi-use eating and drinking utensils shall be thoroughly cleaned and effectively sanitized after each use. 3. Manual Cleaning. The following procedures and equipment shall be used where manual dishwashing is practiced. a. Dish Tables. Adequate area shall be provided on either end of sinks for storage and draining of eating and drinking utensils. b. Scraping. Washing shall be preceded by manual or water scraping or preflushing. c. Washing. Multi-use utensils shall be thoroughly washed in warm water and soap or detergent. Wash water shall be kept clean by frequent changing. d. Sanitizing of Hand-Washed Dishes. Following hand washing, all utensils shall be sanitized by either of the following two methods: i. First Method. Submerge all utensils for thirty (30) seconds in clean water maintained at a temperature of one hundred seventy (170) degrees Fahrenheit or more. A suitable thermometer shall be provided for the continuous determination of the temperature of the water used for hot-water sanitizing. ii. Second Method. All utensils shall be submerged or rinsed following the washing operation in water at a minimum temperature of one hundred ten (110) degrees Fahrenheit to remove soap or detergent, and then be submerged for at least two (2) minutes in a hypochlorite solution. The solution shall be made up with a chlorine concentration of at least one hundred (100) parts per million and shall be discarded when the chlorine concentration goes below fifty (50) parts per million. All hypochlorite solutions shall be prepared fresh at least three (3) times each day prior to its use in sanitizing the dishes used at each main meal period, and at least twice each day if only glassware is sanitized. Soaps, water softeners, washing compounds and detergents shall not be added to sanitizing solutions. Utensils should be racked in baskets so that all surfaces will be reached by the chemical solution while submerged. Other chemical sanitizing solutions may be approved for use by the Director of Public Health Madison and Dane County in which case the concentration will be specified. A three compartment dishwashing tank shall be necessary in order to meet the requirements of this section. (Am. by ORD-15-00009, 1-28-15) 4. Mechanical Cleaning. The following procedures and equipment shall be acceptable where mechanical utensil washing is employed: a. Tables. Adequate tables shall be provided for storing, scraping, racking and drying of utensils. In all new or remodeled installations the drying area shall be adequate to provide a forty-five (45) second drying period after utensils leave dish machine. b. Scraping. (water scraping; preflushing; prerinsing) Gross soil on utensils shall be removed by scraping before utensils enter dish machine. c. Racking. Utensils shall be placed in racks in a manner so that each utensil will be fully exposed to unrestricted preflushing, washing and rinsing. d. Washing. Utensils shall be subjected to wash water temperature between one hundred forty (140) degrees—one hundred sixty (160) degrees Fahrenheit and adequate detergent for at least twenty (20) seconds. e. Sanitizing. Utensils shall be subjected to a sanitizing rinse of at least one hundred eighty (180) degrees Fahrenheit for at least ten (10) seconds in spray type machines, and thirty (30) seconds or immersion type machines with water temperature at least one hundred seventy (170) degrees Fahrenheit. No mechanical dishwasher utilizing a chemical sanitizer may be used without written approval by Public Health Madison and Dane County. f. Water Pressure. In spray type machines wash and rinse waters shall have fifteen (15) to twenty-five (25) pounds per square inch flow pressure. g. Thermometers. Easily readable thermometers shall be provided to show the temperature of the wash water and of the rinse water entering the rinse spray arms of spray type machines or in the rinse tank of immersion type machines. h. Maintenance. All dishwashing equipment shall be maintained in the proper state of repair so as to provide clean and sanitary utensils. i. Operation. Dishwashing operations shall be such as to insure proper operation of dish machine equipment and comply with this ordinance. Clear and explicit instructions on the dishwashing operation shall be kept posted where readily visible to the dish machine operator. 5. Drying Cloths. Where used, an adequate supply of clean drying cloths shall be readily available to the dishwashing area. Soiled cloths shall be kept in an area or container not readily accessible to the dishwashing area. 6. Glass Washer. Approved automatic cold water glass washers using an approved chemical sanitizer are acceptable. (k) Storage and Handling of Utensils and Equipment. After bactericidal treatment utensils shall be stored in a clean, dry place protected from flies, dust and other contamination, and shall be handled in such a manner as to prevent contamination. Single-service utensils shall be purchased only in sanitary containers, shall be stored therein in a clean, dry place until used, and shall be handled in a sanitary manner. Drinking straws and toothpicks shall be either wrapped or kept in sanitary dispensers, protected from handling during filling, storage and dispensing and from other sources of contamination. Where ice cream and frozen desserts are dipped or ladled, running water dipper wells shall be provided. (l) Plumbing and Disposal of Wastes. All wastes shall be properly disposed of, and all garbage and rubbish shall be kept in suitable receptacles in such manner as not to become a nuisance. All plumbing shall be so designed, installed and maintained as to prevent contamination of the water supply, food, drink or equipment. (m) Refrigeration. All readily perishable food and drink shall be kept at or below forty (40) degrees Fahrenheit except when being prepared or served. Waste water from refrigeration equipment shall be properly disposed of. Dry refrigeration shall be used in all permanent installations. (n) Wholesomeness of Food and Drink. All food and drink shall be clean, wholesome, free from spoilage, and so prepared as to be safe for human consumption. All meat, milk, fluid milk products, ice cream, and other frozen desserts served shall be from approved sources. Milk and fluid milk products shall be served in the individual original containers in which they were received from the distributor or from a bulk container equipped with an approved dispensing device; provided, that this requirement shall not apply to cream, which may be served from the original bottle or from a dispenser approved for such service. The dipping of milk, for milk drinks is prohibited. All oysters, clams, and mussels shall be from approved sources, and if shucked shall be kept until used in the containers in which they were placed at the shucking plant. No custards (pastries, puddings, etc.) over twenty-four (24) hours old shall be served. (o) Storage, Display and Serving of Food and Drink. All food and drink shall be so stored, displayed, and served as to be protected from dust, flies, vermin, depredation and pollution by rodents, unnecessary handling, droplet infection, overhead leakage, and other contamination. No birds or animals shall be allowed in any area used for the conduct of eating and drinking establishment operations except service animals may be permitted in dining areas. Necessary measures in compliance with current practices approved by the Director of Public Health Madison and Dane County for the elimination of insects and rodents shall be taken. (Am. by ORD-06-00176, 12-8-06; ORD-15-00009, 1-28-15) (p) Cleanliness of Employees. All employees shall wear clean outer garments and shall keep their hands clean at all times while engaged in handling food, drink, utensils, or equipment. Employees shall not expectorate or use tobacco in any form in any area in which food is prepared. Hairnets or caps shall be worn by employees working in any food preparation area. (q) Miscellaneous. The premises of all restaurants shall be kept clean and free of litter or rubbish. None of the operations connected with a restaurant shall be conducted in any room used as living or sleeping quarters. Adequate lockers or dressing rooms shall be provided for employees' clothing and shall be kept clean. Soiled linens, coats, and aprons shall be kept in containers for this purpose. A properly charged fire extinguisher shall be provided and kept convenient to the cooking area. (7) Temporary Restaurant. (a) Permit. No temporary restaurant shall be operated without a permit. Application for said permit must be filed with the office of the City Clerk at least seven (7) days prior to the event. For temporary restaurant permit applications received less than seven (7) days prior to the event, a twenty-five dollar ($25) late fee per event will be added to the total permit fee. (Am. by Ord. 9618, 11-11-88; ORD-12-00075, 6-20-12) (b) Fee. Shall be established by the Board of Health in an amount sufficient to recover the costs incurred by the City and may be reestablished by the Board of Health as needed. City fees for permits required by the Madison General Ordinances Chapter 7 shall be published in the Public Health Madison and Dane County Fee Schedule, which shall be publicly available at the City Clerk's Office and posted on the Department's website. (Am. by Ord. 11,817, 3-31-97; Ord. 13,306, 4-30-03; ORD-06-00156, 11-23-06; ORD-16-00111, 12-14-16; Am. by ORD-19-00079, 11-13-19; Am. by ORD-21-00003, 1-19-21; Rpld and Recr. by ORD-22-00125, 12-15-22) (c) Grounds. The temporary food establishment shall be located in clean surroundings which shall be kept free of litter. Where needed, containers for napkins, paper service, bags and wrappers shall be provided and conveniently located. (Am. by ORD-16-00111, 12-14-16) 1. Water. Adequate water from a safe sanitary source shall be readily available. 2. Toilet Facilities. Approved toilet facilities must be convenient for personnel and patrons and shall be properly maintained. 3. Wastes. Arrangements for proper storage and disposal of garbage, rubbish and liquid wastes shall be made before the application for a permit is filed. (d) Construction. A suitable roof or cover shall be provided. Sidewalks may be required where they may be deemed necessary for the proper protection of a food or patrons. The floors shall be maintained in a sanitary manner. 1. Kitchen. The kitchen area shall be enclosed or screened or flies absent. 2. Equipment. All equipment shall be so constructed as to be easily cleanable and shall be in good working order. (e) Operation. The operation of a temporary food establishment shall be such as to assure clean wholesome food. (Am. by ORD-16-00111, 12-14-16) 1. Handwashing Facilities. Hot and cold water, soap and approved toweling shall be provided and shall be convenient to the food preparation and serving areas. 2. Shields. Grills, griddles and ranges not in a kitchen enclosure shall be equipped with a suitable shield covering front, ends and a portion of the top. 3. Refrigeration. Refrigeration shall be adequate, not above forty (40) degrees Fahrenheit, for the proper storage of all perishable food or drink. Dry refrigeration shall be used wherever practicable. The pouring lips of bottles containing milk or other beverages shall not be submerged for cooling. Ice used in food or drink shall be from an approved source and so handled as to avoid contamination. 4. Meat and Dairy Products. Meat and dairy products shall be from approved sources. 5. Dishwashing. Where manual dishwashing is employed the following procedure shall be followed: a. Wash. Utensils shall be washed in hot water and suitable soap or detergent. Wash water shall be frequently changed. b. Rinse. After washing the utensils shall be rinsed in clean water. c. Sanitizing. Multiple use utensils shall be sanitized by submerging for thirty (30) seconds in water maintained at one hundred seventy (170) degrees Fahrenheit or submerged for two (2) minutes in a water solution containing one hundred (100) parts per million available chlorine or other equivalent approved sanitizer. d. Drying. When practicable utensils should be air dried. When toweling must be employed an adequate supply of clean towels must be readily available. Soiled towels shall be removed to an area or container not readily accessible to the drying operation. (f) Storage of Food and Utensils. Food and utensils shall be stored in a clean dry place protected from insects, dust, splash and other contamination. (g) Preparation and Serving of Food. All foods shall be prepared in a clean, safe manner. Foods being displayed shall be protected from dust, dirt, insects and other contamination. (h) Cleanliness. All personnel shall keep their hands and fingernails clean. Clothing shall be clean. Hairnets or caps shall be worn by persons preparing or portioning food. (i) Disease Control. All personnel preparing, serving food or handling utensils shall comply with subsection (9) (Disease Control) of the ordinance. (j) Registration Required. A temporary food establishment shall register with the department prior to commencing operations in any twelve-(12) month period between July 1 and June 30 of the succeeding year. Failure to register a temporary restaurant or temporary retail food operation shall be a violation of this ordinance punishable by a forfeiture of not less than fifty dollars ($50) nor more than one hundred dollars ($100) for the first offense and not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for a second or subsequent offense in any five- (5) year period. Registration under this section shall be required without regard to the number of days of operation anticipated by the owner or operator of the facility and without regard to whether the facility is exempt from the requirement to obtain a license under state law. (Cr. by ORD-16-00111, 12-14-16) (k) Inspection. Without regard to whether a temporary restaurant or temporary retail food operation is required to obtain a license under state law, the department is authorized to inspect any such operation at any time and to issue a cease operations order if unsanitary conditions are found to exist. The Department shall cause any such order to be posted in a prominent and conspicuous place on the premises. (Cr. by ORD-16-00111, 12-14-16) (8) Reinstatement of Permit. The owner or operator of any restaurant for which the permit has been suspended may at any time make application for the reinstatement of the permit. Within three (3) days after the receipt of a satisfactory application, accompanied by a statement signed by the applicant to the effect that the violated provisions of this ordinance have been conformed with, the Director of Public Health Madison and Dane County shall make a reinspection, and thereafter as may additional reinspections as she or he may deem necessary to assure her/himself that the applicant is again complying with the requirements, and in case the findings indicate compliance, shall reinstate the permit. (Am. by ORD-14-00012, 1-14-14; ORD-15-00009, 1-28-15) (9) Disease Control. No person who is affected with any disease in a communicable form or is a carrier of such disease shall work in any restaurant and no restaurant shall employ any such person. All medically suspected cases of communicable disease shall be studied by Public Health Madison and Dane County to determine presence or absence of communicable disease. Until it can be determined by examination and/or tests that communicable disease is not present, the employee shall not work in a restaurant. No person with any open lesion which may subject any food or utensil to contamination therefrom shall prepare or serve food or handle restaurant utensils. (10) Adoption by Reference. Wis. Admin. Code ch. ATCP 75, Restaurants, and subsequent amendments, additions and recodifications, are adopted by reference. (Cr. by Ord. 8309, 4-16-84; Am. by ORD-12-00035, 3-28-12) (11) Sections in this code that are more restrictive or not covered in the Wis. Admin. Code ch. ATCP 75, shall be enforced over the Wis. Admin. Code ch. ATCP 75, unless the conflicting provisions of the state code are mandatory. (Cr. by Ord. 8309, 4-16-84; Am. by ORD-12-00035, 3-28-12) (12) Penalties. Any person who violates any provision of this ordinance shall be fined not less than twenty dollars ($20) nor more than two hundred dollars ($200). Each and every violation of the provisions of this ordinance shall constitute a separate offense. (Renumbered and Am. by Ord. 8309, 4-16-84) (13) Unconstitutionality Clause. Should any section, subsection, sentence, paragraph, clause or phrase of this ordinance be declared unconstitutional or invalid for any reason, the remainder of said ordinance shall not be affected thereby. (Renumbered by Ord. 8309, 4-16-84) (14) Appeal. (a) Pursuant to Wis. Admin. Code § ATCP 75.106(3), any operator aggrieved by an order of the Director of Public Health Madison and Dane County may request a hearing to appeal the order. A request for a hearing shall be submitted to the Board of Health for Madison and Dane County within fifteen (15) days after issuance of the order; otherwise, the right to request a hearing shall be deemed waived. (Am. by ORD-12-00035, 3-28-12) (b) The matter shall be heard before a subcommittee of the Board of Health for Madison and Dane County consisting of three (3) members appointed by the Chair. All parties shall be notified of the date, time and location of the hearing to be set no more than thirty (30) days nor less than ten (10) days after the request has been received by the Board of Health for Madison and Dane County. At the hearing the operator and the Director of Public Health Madison and Dane County may be represented by counsel, shall have the opportunity to present evidence, and shall be able to call and cross-examine witnesses. Within ten (10) days of the hearing, the subcommittee shall issue a written decision stating the reason therefor. (c) The decision of the subcommittee shall be a final determination and shall be subject to review in Circuit Court of Dane County as may be provided by law. Any party aggrieved by the decision may seek review thereof within thirty (30) days after the date of the final determination. (Am. by ORD-16-00111, 12-14-16) (Am. by Ord. 7899, 12-29-82; ORD-15-00009, 1-28-15) (Am. by Ord. 7899, 12-29-82; ORD-15-00009, 1-28-15) (Am. by Ord. 7899, 12-29-82; ORD-15-00009, 1-28-15) (Am. by Ord. 7899, 12-29-82; ORD-15-00009, 1-28-15) (Sec. 7.08(14) Am. by Ord. 11,897, 7-14-97; Ord. 13,170, 10-23-02; ORD-05-00033, 2-24-05; ORD-15-00009, 1-28-15)

Madison General Ordinances § 7.09 EMERGENCY CONTRACEPTION ACCESS.

7.09 - EMERGENCY CONTRACEPTION ACCESS. (1) Statement of Purpose. The purpose of this section is to enable women to prevent unintended pregnancies by ensuring timely access to emergency contraception at pharmacies. (2) Definitions. For the purpose of this section words and phrases used shall have the meanings designated in Wis. Stat. § 450 and Phar 10 Wis. Admin. Code unless the context clearly indicates a different meaning, with the following additions and modifications for use in this section only: Department shall mean Public Health Madison and Dane County. (Am. by ORD-15-00009, 1-28-15) Director shall mean the Director of Public Health Madison and Dane County or the Director's designee. (Am. by ORD-15-00009, 1-28-15) Dispense shall mean to fill a valid patient request, presented to a pharmacist, in accordance with professional standards of practice. Emergency Contraception shall mean a drug, medicine, oral hormonal compound or mixture that prevents pregnancy after sexual intercourse and is approved by the Federal Food and Drug Administration. It does not include any drug or medicine that is prescribed to terminate a pregnancy. Pharmacy shall mean any place in which prescription drugs, as defined in Wis. Stats. § 450.01(20), are compounded or dispensed and which is licensed under Wis. Stat. § 450.06. It shall not mean a pharmacy located within: a. Hospitals as defined under Wis. Admin. Code § DHS 124.02, or b. Nursing homes as defined by Wis. Stat. § 50.01(3), or c. Home health agencies as defined by Wis. Stat. § 50.49. Sexual Assault Victim shall mean a female who alleges or for whom it is alleged that they have suffered a sexual assault. (3) Pharmacy Requirements. A pharmacy that cannot immediately dispense emergency contraception must provide the name, address and phone number of a pharmacy that is known to dispense emergency contraception. The pharmacy must conspicuously post, at or adjacent to each counter where prescription drugs are dispensed a sign not smaller than eleven by eight and one-half inches (11" × 8 ½"). The sign lettering shall be in bold and clearly visible. The sign must contain the following language: "NOTICE: This pharmacy is currently out of Emergency Contraception (EC). EC, sometimes called "the morning after pill," is a FDA approved high dose of oral contraception that should be taken as soon as possible after unprotected intercourse to prevent pregnancy. The FDA approves this up to 72 hours (3 days) after unprotected intercourse, some studies indicate that this product can be effective up to 120 hours (5 days) after unprotected intercourse. You do not need a prescription to obtain EC if you are 18 or older; if you are under 18, you must get a doctor's prescription. A location where EC is known to be available is [name of pharmacy], [address of pharmacy], or the pharmacist here will refer you to another pharmacy that is known to have the medication in stock." (4) A pharmacy that does not stock emergency contraception must provide the name, address and phone number of a pharmacy that is known to dispense emergency contraception. The pharmacy must conspicuously post, at or adjacent to each counter where prescription drugs are dispensed a sign not smaller than eleven by eight and one-half inches (11" × 8 ½"). The sign lettering shall be in bold and clearly visible. The sign must contain the following language: "NOTICE: This pharmacy does not stock Emergency Contraception (EC). EC, sometimes called "the morning after pill," is a FDA approved high dose of oral contraception that should be taken as soon as possible after unprotected intercourse to prevent pregnancy. The FDA approves this up to 72 hours (3 days) after unprotected intercourse. Some studies indicate that this produce can be effective up to 120 hours (5 days) after unprotected intercourse. You do not need a prescription to obtain EC if you are 18 or older; if you are under 18, you must get a doctor's prescription. A location where EC is known to be available is [name of pharmacy], [address of pharmacy], or the pharmacist here will refer you to another pharmacy that is known to have the medication in stock." (5) Written Information. The Board of Health for Madison and Dane County shall develop and prepare written information relating to emergency contraception for the prevention of pregnancy. The information shall be clearly written and readily comprehensible in a culturally competent manner. The information shall explain in a medically and factually accurate and unbiased manner information regarding emergency contraception, including but not limited to the following: (a) The pharmacological nature of emergency contraception; (b) The effectiveness of emergency contraception in preventing pregnancy; (c) Where emergency contraception can be obtained; and (d) How emergency contraception is administered. (6) Responsibilities of the Director. The Director shall: (a) Investigate every complaint of noncompliance with this section; (b) Determine whether the complaint is substantiated; (c) Compile the substantiated complaints and analyze them at least annually, to determine if there is any pattern of failure to provide services or notice under this section; (d) Prepare an annual report that summarizes the substantiated complaints and actions taken by involved parties to address those complaints. This report shall be readily made available to the public: and (e) On an annual basis, review the above listed signage language to insure that it is the most accurate and complete information available. (7) Complaint Investigation. Any person deprived of information about or access to emergency contraception in violation of this section may file a complaint with the Director. Any person with knowledge of a pharmacy that has deprived information about or access to emergency contraception in violation of this section may file a complaint with the Director. Pharmacies must allow the Director to thoroughly investigate complaints of noncompliance with this section. Pharmacies may not threaten, intimidate, impede, interfere with or otherwise obstruct the Director's investigation process. Pharmacies shall not knowingly give false information to the Director. (8) Penalties. A pharmacy that violates this section shall forfeit: not less than two hundred and fifty dollars ($250) nor more five hundred dollars ($500) for the first offense; not less than five hundred dollars ($500) nor more than two thousand five hundred dollars ($2500) for each subsequent offense. Each day of violation and every violation of any provision of this ordinance may constitute a separate offense. (9) Effective Date. This ordinance shall become effective on January 1, 2007. (10) Severability. The provisions of this section are severable. If any provision of this section is held to be invalid or unconstitutional or if the application of any provision of this section to any person or circumstance is held to be invalid or unconstitutional, such holding shall have no affect on the other provisions or applications of this section which can be given effect without the invalid or unconstitutional provisions or applications. It is hereby declared to be the intent of the Common Council that this section would have been adopted had any invalid or unconstitutional provision or applications not been included herein. (Am by ORD-12-00035, 3-28-12) (Cr. by ORD-06-00174, 12-8-06)

Madison General Ordinances § 7.10 FUGITIVE DUST.

7.10 - FUGITIVE DUST. (1) Definitions. "Particulate Matter" shall mean material suspended in the air in the form of minute solid particles, not including smoke or other combustion bi-products. (2) It shall be unlawful for any person to unreasonably cause, allow or permit any material to be handled or stored in any manner that permits particulate matter to become airborne and leave the property where the material is being handled or stored. (3) For the purposes of this section, compliance with any current government issued permit or a current City approved best management practice shall be considered reasonable. (4) Any person who violates this section for a first offense may be subject to a forfeiture of not less than fifty dollars ($50) nor more than two thousand dollars ($2000), any person who violates this section for a second offense may be subject to a forfeiture of not less than two hundred and fifty dollars ($250) nor more than two thousand dollars ($2000), any person who violates this section for a third and subsequent offense may be subject to a forfeiture of not less than five hundred dollars ($500) nor more than two thousand dollars ($2000). Each day of violation shall constitute a separate offense. (Am. by ORD-25-00076, 11-6-25) (Cr. by ORD-17-00077, 7-26-17)

Madison General Ordinances § 7.15 REGULATION OF TATTOOING AND BODY-PIERCING.

7.15 - REGULATION OF TATTOOING AND BODY-PIERCING. (1) Adoption by Reference. Wis. Admin. Code. ch. SPS 221, and Wis. Stats. §§ 463.10(4) and 463.12(4), and all subsequent amendments, additions and recodifications thereto are hereby adopted by reference. It is the intent of the City that where there may be conflict between this subsection and the remainder of this section that the most stringent provision shall apply. (Am. by ORD-12-00035, 3-28-12; ORD-16-00111, 12-14-16) (2) Definitions. Words and phrases in this section have the meanings designated in Wis. Admin. Code ch. SPS 221, unless the context clearly indicates a different meaning with the following additions or modifications for use in this section only: (Am. by ORD-16-00111, 12-14-16) "Body piercer" means a person who performs body piercing on another person at that person's request. "Body piercing" means perforating any human body part or tissue, except an ear, and placing a foreign object in the perforation to prevent the perforation from closing. "Department" means Public Health Madison and Dane County. (Am. by ORD-15-00009, 1-28-15) "Establishment" means an entity comprised of one or more practitioners, organized as a corporation, limited liability company, partnership, sole practitioner or other association operating in a single building, structure, area or location at which tattoos are applied, or body piercing is performed or all of the above. The establishment area shall be separately maintained from other business activities. "Patron" means a person receiving a tattoo or body pierce. "Person" means an individual, partnership, limited liability company, corporation, association, or other entity. "Special event" means a show, bazaar, fair or other occurrence lasting up to a maximum of seven (7) consecutive days at which a collection of establishments practice their art in a single location, whether public or private premises. "Tattoo" means, as a noun, an indelible mark or design on a person created by inserting pigment under the surface of the person's skin by a needle prick or other means of puncture. "Temporary establishment" means a single building, structure, area or location where a tattooist or body piercer performs tattooing or body piercing for a maximum of seven (7) days per event. (3) When tattooing or body piercing, the tattooist or piercer must comply with the requirements found in Wis. Admin. Code ch. SPS 221. (Am. by ORD-16-00111, 12-14-16) (4) Enforcement. Enforcement procedures shall be in accordance with Wis. Stat. § 66.0417 Chapter 463 of the Wisconsin Statutes and Wis. Admin. Code ch. SPS 221. The Public Health Madison and Dane County's administrator of this ordinance may utilize City of Madison commissioned police officers to enforce any aspect of this ordinance, pursuant to Sec. 5.03(4), M.G.O. (Am. by ORD-24-00079, 12-4-24) (5) Appeal. Any person aggrieved by an order of Public Health Madison and Dane County issued pursuant to Wis. Admin. Code ch. SPS 221 or this section, may appeal such order in accordance with the provisions of Sec. 66.0417, Wis. Stats. to a subcommittee of the Board of Health for Madison and Dane County. The subcommittee, consisting of at least three (3) members, may affirm, set aside, or modify the order by majority vote. That decision shall be final and may be appealed to the Circuit Court of Dane County. (Am. by ORD-05-00033, 2-24-05; Am. by ORD-12-00035, 3-28-12; ORD-16-00111, 12-14-16; Am. by ORD-24-00079, 12-4-24) (6) Licensing and Fees. (a) No person, firm, or corporation may operate a tattoo or body-piercing establishment or combination thereof on an annual or temporary basis unless the person has obtained a license and paid fees as specified in this section. (b) No person may tattoo or body pierce another person within the City unless the person has obtained a license and paid fees as specified in Wis. Admin. Code ch. SPS 221. (c) The license shall be conspicuously displayed in the licensed facility. (d) A license shall not be granted to an applicant without a pre-inspection. (e) The City Clerk or Public Health Madison and Dane County may not issue or renew a tattoo or body piercing license unless the license applicant or holder pays all fees which are due and payable under this section. (f) Every license holder within this section shall promptly notify Public Health Madison and Dane County in writing of their intention to cease operations and shall also supply Public Health Madison and Dane County with the names and post office addresses of any prospective new operators. (g) Licensing. Application for licensing shall be made thirty (30) days prior to issuance. The licensing year shall be from July 1 through the following June 30, except that a license initially issued during the period beginning on April 1 and ending on June 30 expires on June 30 of the following year. The license fee herein established shall be for one year or a fractional part thereof, except that a license initially issued during the period beginning on April 1 and ending on June 30 expires on June 30 of the following year. Renewal licenses shall be obtained on or before June 30 of each year or be subject to a late filing fee of 25% of the filing fee. Payment of the late filing fee shall not relieve any person from any other penalties set forth in this section or in the ordinances for failure to possess or obtain a license. 1. Annual establishment fees shall be established by the Board of Health in an amount sufficient to recover the costs incurred by the City and may be reestablished by the Board of Health as needed. City fees for licenses required by Madison General Ordinances Chapter 7 shall be published in the Public Health Madison and Dane County Fee Schedule, which shall be publicly available at the City Clerk's Office and posted on the Public Health Madison and Dane County's website (h) Temporary Licensing. At special events every area shall be considered a temporary establishment and must be licensed as such before the onset of the event. Every practitioner must possess a current and valid State of Wisconsin practitioner license issued by the State of Wisconsin before the practitioner can operate at a special event. An application for a temporary license shall be submitted to the City Clerk's office thirty (30) days prior to the special event to allow for processing. 1. Temporary establishment fees shall be established by the Board of Health in an amount sufficient to recover the costs incurred by the City and may be reestablished by the Board of Health as needed. City fees for licenses required by Madison General Ordinances Chapter 7 shall be published in the Public Health Madison and Dane County Fee Schedule, which shall be publicly available at the City Clerk's Office and posted on the Public Health Madison and Dane County's website. (7) Pre-inspection Fees. (a) Requested Inspections. Every license applicant within this section who requests an inspection shall pay the pre-inspection fee herein set forth before said inspection. (b) An applicant for a tattoo and body piercing license shall schedule a pre-inspection with Public Health Madison and Dane County after submitting their application and prior to Public Health Madison and Dane County or City Clerk issuing their license. (c) The pre-inspection fee for a tattoo and body piercing license shall be established by the Board of Health and may be reestablished by the Board of Health as needed. (d) Pre-inspection fee for a tattoo and body piercing license established by the Board of Health shall be published in the Public Health Madison and Dane County Fee Schedule, which shall be publicly available at the City Clerk's Office and posted on the Public Health Madison and Dane County's website. (8) Reinspection Fees. (a) If Public Health Madison and Dane County reinspects a premise licensed under this section because Public Health Madison and Dane County finds a violation of Madison General Ordinances, Public Health Madison and Dane County shall charge the license holder a reinspection fee. (b) The reinspection fee for a tattoo and body-piercing establishment shall be established by the Board of Health and may be reestablished by the Board of Health as needed. (c) The reinspection fee for a tattoo and body piercing establishment established by the Board of Health shall be published in the Public Health Madison and Dane County Fee Schedule, which shall be publicly available at the City Clerk's Office and posted on the Public Health Madison and Dane County's website. (d) The reinspection fee is payable when the reinspection is completed and is due upon written demand from Public Health Madison and Dane County. (9) Fees for Special Conditions Inspections. Public Health Madison and Dane County may charge for an inspection or on-site consultation services that are not directly related to Public Health Madison and Dane County's licensing responsibilities. Public Health Madison and Dane County may charge the license holder requesting the inspection or on-site consultation a fee as set forth in the Public Health Madison and Dane County Fee Schedule. The fee for a special conditions inspection shall be established by the Board of Health and shall be published in the Public Health Madison and Dane County Fee Schedule, which shall be publicly available at the City Clerk's Office and posted on the Public Health Madison and Dane County's website. (Cr. by ORD-24-00079, 12-4-24) (10) Fees for Operating Without a Tattoo or Body Piercing License. Any operator of a tattoo or body piercing establishment found to be operating without a license, shall pay to the Public Health Madison and Dane County a fee as set forth in the Public Health Madison and Dane County Fee Schedule, in addition to applicable fees. (Cr. by ORD-24-00079, 12-4-24) (11) Penalty. (a) Any person who violates any provision of this ordinance may be fined not less than twenty-five dollars ($25), nor more than one thousand dollars ($1,000). Each day of violation and every violation of any provision of this ordinance may constitute a separate offense. (Am. by ORD-09-00043, 3-19-09) (b) In addition to the above penalties, the department may order the suspension or revocation of the license issued to an establishment under this section. (c) Wis. Stat. § 66.0417(5)(b), regarding the impeding of city inspectors in the performance of their duties and the giving of false information to such inspectors, and all subsequent amendments, additions, and recodifications thereto are hereby adopted by reference. (Am. by Ord. 12,823, 5-18-01; ORD-12-00035, 3-28-12) (Am. by ORD-09-00043, 3-19-09; Sec. 7.15 Cr. by Ord. 12,356, 3-30-99; Am. by Ord. 12,823, 5-18-01; Am. by ORD-17-00090, 9-13-17; Am. by ORD-24-00079, 12-4-24) (Cr. by ORD-24-00079, 12-4-24) (Cr. by ORD-24-00079, 12-4-24) (Renum. By ORD-24-00079, 12-4-24) (Sec. 7.15 Cr. by Ord. 12,356, 3-30-99; Am. by Ord. 12,823, 5-18-01; Am. by ORD-17-00090, 9-13-17)

Madison General Ordinances § 7.015 RESERVED FOR FUTURE USE.

Madison General Ordinances § 7.27 SALE OF MERCURY FEVER OR BASAL THERMOMETERS.

7.27 - SALE OF MERCURY FEVER OR BASAL THERMOMETERS. (1) It shall be unlawful for any person, firm or corporation to sell or offer for sale at retail any fever thermometer or basal thermometer containing mercury. (2) Any person, firm or corporation who violates the provisions of this ordinance may be subject to a forfeiture of not less than twenty dollars ($20), nor more than two hundred dollars ($200) for each offense. Each day of violation shall constitute a separate offense. (3) This section shall become effective on April 1, 2001. (Sec. 7.27 Cr. by Ord. 12,774, 3-13-01)

Madison General Ordinances § 7.28 SALE OF IMPURE ICE.

7.28 - SALE OF IMPURE ICE. No person shall be permitted to sell or offer for sale any ice which is contaminated.

Madison General Ordinances § 7.29 RELATING TO KEEPING OF FOWL WITHIN THE CITY OF MADISON.

7.29 - RELATING TO KEEPING OF FOWL WITHIN THE CITY OF MADISON. (1) No person shall keep any ducks, geese, pigeons, birds, or other fowl within the City of Madison in any unsanitary condition or within such proximity of dwelling houses or in any manner so as to be a nuisance. (2) The Director of Public Health Madison and Dane County shall, upon complaint or on their own initiative, inspect, or order a Public Health Sanitarian or a Humane Officer to inspect, premises upon which fowl are kept and ascertain and determine whether the conditions are unsanitary or if for any reason a nuisance is caused thereby. If the Director of Public Health Madison and Dane County determines that conditions are unsanitary, or if for any reason a nuisance exists, they shall order the owner or occupant of the premises to abate the nuisance and it shall thereupon be unlawful to keep such fowl on the premises. (Am. by ORD-08-00120, 10-24-08; ORD-14-00012, 1-14-14; ORD-15-00009, 1-28-15)

Madison General Ordinances § 7.30 SLAUGHTERING OF ANIMALS—DEPOSIT OF OFFAL.

7.30 - SLAUGHTERING OF ANIMALS—DEPOSIT OF OFFAL. (1) It shall be unlawful for any person, persons, firm, or corporation to kill or slaughter any beeves, sheep, calves, hogs or any other animals within the limits of the City of Madison without having first obtained a permit therefor as hereinafter provided. (2) Any person, persons, firm, or corporation that may desire to kill or slaughter any beeves, sheep, calves, hogs, or any other animals, or that may desire to use, erect, or maintain a slaughterhouse, packing house, building, or place in said City for the slaughter of any such animals shall first make application in writing for that purpose to the Common Council of said City, specifying the particular location of where such slaughterhouse, packing house, or building is to be erected, maintained or used. (3) If the Common Council shall deem such location a suitable place to carry on such business, it may issue a permit for the conducting of such business at such place, which permit shall specify the place at which such business may be conducted. (4) No such slaughterhouse, packing house, building, or place, shall be so conducted as to be or become a public nuisance. (5) Any person, persons, firm, or corporation violating any of the provisions of this section shall be fined not less than five dollars ($5) nor more than one hundred dollars ($100).

Madison General Ordinances § 7.31 MANUFACTURE OF FERTILIZER.

7.31 - MANUFACTURE OF FERTILIZER. (1) It shall be unlawful for any person, firm or corporation to engage in the processing or manufacture of commercial fertilizer within the limits of the City of Madison without having first obtained a permit therefor as hereinafter provided; provided, however, that this ordinance shall not apply to a slaughterhouse or meat packing establishment where the manufacture or processing of fertilizer is merely incidental to the packing and processing of meat and meat products. (2) Any person, firm or corporation that may desire to engage in the business of processing or manufacturing commercial fertilizer in the City of Madison shall first make application in writing for that purpose to the Common Council of said City specifying the particular location where such processing or manufacturing is to be carried on. If the Common Council shall deem such location a suitable place to carry on such business it may issue a permit for the conducting of such business at such place, which permit shall specify the place at which such business may be conducted. (3) Any person, firm or corporation violating any of the provisions of this section shall be fined not less than ten dollars ($10) nor more than one hundred dollars ($100). Each day that such business is carried on in violation of this section shall be deemed a separate offense.

Madison General Ordinances § 7.32 DEPOSIT OF RUBBISH AND REFUSE ON STREETS, PUBLIC GROUNDS, OR IN LAKES OR IN ANY MANNER TO CREATE ANY STENCH OR NUISANCE.

7.32 - DEPOSIT OF RUBBISH AND REFUSE ON STREETS, PUBLIC GROUNDS, OR IN LAKES OR IN ANY MANNER TO CREATE ANY STENCH OR NUISANCE. (1) No person shall deposit or cause to be deposited in Lake Mendota, Lake Monona, Lake Wingra or the Yahara River, or in or upon any public street, water or grounds in the City of Madison, or in any other place in said City, any dead animal, rubbish, refuse, filth, offal or any other substance that will contaminate or tend to contaminate the said waters, or that will obstruct any sidewalk, gutter, street or alley, or that will in any manner create any bad or noisome stench or nuisance, or that will endanger or tend to endanger public health; and the Director of Public Health Madison and Dane County or Health Inspectors, are hereby empowered to summarily remove or cause to be removed any such dead animal, rubbish, refuse, filth, offal, or other substance so deposited contrary to the provisions of this section. (Am. by ORD-15-00009, 1-28-15) (2) Any person who shall violate any provision of this section shall be subject to a fine of not exceeding five hundred dollars ($500) and shall also be liable for the expense of the removal of any matter deposited contrary to the provision of this section. (Am. by Ord. 5043, 6-6-75)

Madison General Ordinances § 7.33 CONNECTION WITH SEWER MAINS.

7.33 - CONNECTION WITH SEWER MAINS. (1) (a) The owner or owners of any building used for human habitation or assembly or any building from which there are liquid wastes either domestic or industrial capable of being a public health hazard or nuisance, when such building is located adjacent to a sanitary sewer and water main or in a block through which such sewer and water system extends, shall when so ordered by the Director of Public Health Madison and Dane County connect with such sewer within sixty (60) days of a notice in writing so to do. (b) Any building used for purposes other than the owner's residence when connected to a water supply which does not meet the minimum requirements of the Wisconsin Well Code shall when so ordered by the Director of Public Health Madison and Dane County disconnect the building from the questionable water supply and connect to the adjacent municipal water supply within sixty (60) days from a notice in writing so to do. (2) If any person fails to comply with such order within said time the City may cause such connection to be made and the expense thereof shall be assessed as a special tax against such property, and the same shall be collected in all respects like other taxes upon real estate. Proceedings under this subsection shall not bar the City from prosecution under Sec. 7.60 for the violation, neither shall prosecution for the violation bar proceeding under this subsection. (Am. by Ord. 8322, 5-11-84) (3) (R. by Ord. 8322, 5-11-84) (Am. by ORD-15-00009, 1-28-15)

Madison General Ordinances § 7.34 EMPTYING OF DRAINS AND SEWERS.

7.34 - EMPTYING OF DRAINS AND SEWERS. No person shall permit any drain or sewer from the dwelling house, barn, stable, shop, or other building on the premises occupied or owned by her or him to empty or run into any open sewer or gutter or into any of the streets or public alleys or upon or over any sidewalk. (Am. by ORD-14-00012, 1-14-14)

Madison General Ordinances § 7.35 SEPTIC TANKS, DRY WELLS, TILE FIELDS, SCAVENGERS.

7.35 - SEPTIC TANKS, DRY WELLS, TILE FIELDS, SCAVENGERS. (1) No person shall construct any septic tank, dry well or tile disposal field within the City of Madison without first having obtained a permit from the Director of Public Health Madison and Dane County and paying a fee therefor in the amount of ten dollars ($10) to the City Treasurer. No such permit shall be issued where a public sewer is accessible. When a permit is issued for areas where public sewer is not available, all restrictions relative to sewage disposal shown on the subdivision plat shall be complied with. (a) No such permit shall be issued for any septic tank, disposal field or dry well where the disposal field or dry well area or any part thereof will be in violation of paragraph (b) hereof. (b) It shall be unlawful for any person to cause, suffer or permit any septic tank effluent disposal area or dry well or any part thereof to be constructed or reconstructed within two hundred (200) feet of any lake or river shoreline or within ten (10) feet above any water table in areas where soils are principally sand or gravel or within one hundred (100) feet of any lake or river shoreline or within four (4) feet above any water table in areas where soils are other than principally sand or gravel. (c) Applicants for such permit shall furnish a detailed plan of the proposed installation specifying the location of the building served, size and design of septic tank, and location of absorption system in relation to any lot line, shoreline or existing water well. Sufficient percolation tests shall also be furnished by the applicant and, if required by the Director of Public Health Madison and Dane County for a specific property, sufficient soil borings shall be furnished. The Director of Public Health Madison and Dane County shall establish compliance with all municipal and state laws, including regulations contained within Wis. Admin. Code chs. SPS 383-387, before issuing the permit. (Am. by ORD-12-00149, 12-5-12) (2) All vehicles used by scavengers as provided in Section 9.19 shall be under the supervision of Public Health Madison and Dane County. Vehicles shall be kept clean. Flies shall be prevented from gaining access to contents. (Am. by Ord. 7899, 12-29-82) (3) Sludge, Scum and Liquid Effluent. (a) Sludge, scum and any liquid effluent whatsoever when removed from a septic tank sewage disposal system is hereby declared to be a public nuisance and a health hazard and a menace to individual and public health. (b) Removal and disposal of wastewater, sludge, and scum from a private septic system shall be done in accordance with Wis. Admin. Code ch. NR 113. (Am. by ORD-12-00140, 11-12-12) (Am. by ORD-15-00009, 1-28-15)

Madison General Ordinances § 7.36 RESERVED FOR FUTURE USE.

Madison General Ordinances § 7.37 RAT ERADICATION.

7.37 - RAT ERADICATION. (1) Purpose. This ordinance is designed to and is enacted as a police and sanitary regulation for the protection of the public health and particularly to prevent the propagation and spread of bubonic plague through the medium of rats. (2) Buildings to be Kept Free of Rats. All buildings, places and premises whatsoever in the City shall be placed, and shall continuously be kept by the owner, person in charge or the occupant thereof in a clean and sanitary condition and free from rats. (3) Rat Infested Building a Nuisance. All buildings, structures, or any parts thereof, that are infested with rats are hereby declared to be and are public nuisances, and the Director of Public Health Madison and Dane County of this City is hereby authorized and empowered to abate the same under the provisions of subsection (4) of Section 7.05 of this chapter. (Am. by ORD-15-00009, 1-28-15) (4) No Dumping of Rubbish. No rubbish, waste or manure shall be placed, left, dumped or permitted to accumulate or remain in any building, place or premises in said City so that the same shall or may afford food or a harboring or breeding place for rats. (5) Rat Harborage to be Prevented. All buildings and basement walls of all storerooms, warehouses, residences or other buildings within the City, all chicken yards or pens, chicken coops or houses, and all barns and stables, shall be so constructed or repaired as to prevent rats from being harbored underneath the same or within the walls thereof, and all food products or other products, goods, wares, and merchandise likely to attract or to become infested with or infected by rats, whether kept for sale or for any other purpose, shall be so protected as to prevent rats from gaining access thereto or coming in contact therewith. (6) Extermination. Whenever rat holes, burrows, or other evidences of rat 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 rats or to cause the rats to be exterminated. Within ten (10) days after extermination, the owner or manager shall cause all of the rat holes or burrows in the ground to be filled with earth, ashes, or other suitable material. (7) Ratproofing. It shall be the duty of the owner or manager of any building in the City of Madison to make such building reasonably ratproof, to replace broken basement windows, and when necessary to cover the basement window openings with hardware cloth or other suitable material for preventing rats from entering the building through such window openings. The owner or manager of any premises upon which sheds, barns, coops or similar buildings are located shall eliminate the rat harborages from within and under such buildings by ratproofing, raising the buildings above the ground, or by some other suitable method; or such sheds, barns, coops or other buildings shall be razed. (8) No person, firm or corporation shall have or permit upon any premises owned, occupied or controlled by them or it, any nuisance detrimental to health, or any accumulation of filth, rubbish, garbage, decaying animal or vegetable matter, or any animal or human excrement; and it shall be the duty of the Director of Public Health Madison and Dane County to cause any such person, firm, or corporation to be notified to abolish, abate and remove such nuisance and in case such person, firm or corporation shall fail, neglect or refuse to remove the same within one day after receiving such notice, such nuisance may be removed and abated under and by order of the Director of Public Health, and the person, firm or corporation whose duty it was to abate or remove such nuisance in addition to incurring penalties provided in this chapter shall be indebted to the City of Madison for the costs and charges incurred by the City of Madison by reason of the existence and removal of such nuisance. (Am. by ORD-14-00012, 1-14-14; ORD-15-00009, 1-28-15)

Madison General Ordinances § 7.38 MANURE.

7.38 - MANURE. Manure from horses and cattle shall be kept in a covered, water-tight receptacle, which shall not be opened except while the manure is being placed in or taken from the same. This section shall apply to livery, feed, or sale stables.

Madison General Ordinances § 7.39 EXPECTORATING IN PUBLIC PLACES PROHIBITED.

7.39 - EXPECTORATING IN PUBLIC PLACES PROHIBITED. (1) No person shall spit, expectorate, or deposit any sputum, spital, saliva, phlegm, mucus, cigarette or cigar stubs, tobacco juice, or wads of tobacco upon the floor or stairway or any part of any theatre, public hall or building, or upon the floor or any part of any railroad car or motor bus or any other public conveyance in the City of Madison, or upon any public sidewalk in the City of Madison. (2) Any person violating the provisions of this section shall be subject to a penalty of not less than ten dollars ($10) nor more than one hundred dollars ($100) for each offense. (Am. by Ord. 7847, 10-15-82; ORD-06-00046, 4-22-06)

Madison General Ordinances § 7.40 POISON IVY PROHIBITED.

7.40 - POISON IVY PROHIBITED. (1) The existence within the limits of the City of Madison of the weed "Rhus Radicans" sometimes called "Radicans Toxicondendron" and "Toxicondendron Radicans", commonly known as poison ivy, is hereby declared to be a public nuisance and a menace to the public health; and the owner, occupant or person in charge of any property within the City of Madison who shall permit such weed to exist or grow upon any such property shall be deemed guilty of a violation of this section. Each day or fraction of a day on which such weed shall be permitted to exist shall constitute a separate offense. (2) If any such weeds shall not be destroyed within forty-eight (48) hours after the notice of their existence shall have been given to the owner, occupant or person in charge of the property upon which they are growing, it shall be the duty of the Weed Commissioner to enter upon the property and cause the same to be destroyed at the expense of such property. If any such charge shall not be paid before the preparation of the next tax roll, such charge shall be added to the roll as a special tax and collected in the same manner as other special assessments.

Madison General Ordinances § 7.41 PENALTY FOR RESISTING DIRECTOR OF PUBLIC HEALTH MADISON AND DANE COUNTY OR NEGLECTING TO COMPLY WITH ORDER OF PUBLIC HEALTH MADISON AND DANE COUNTY.

7.41 - PENALTY FOR RESISTING DIRECTOR OF PUBLIC HEALTH MADISON AND DANE COUNTY OR NEGLECTING TO COMPLY WITH ORDER OF PUBLIC HEALTH MADISON AND DANE COUNTY. Any person who shall in any way resist any Director of Public Health Madison and Dane County or other officer whose duty it shall be to carry out the provisions of this chapter, while acting in the performance of their duty, or who shall resist any such officer in the quarantining or placarding of any house, or who shall remove, deface, or mutilate any placard on said premises, or who shall refuse to obey any order of Public Health Madison and Dane County or Director of Public Health Madison and Dane County issued pursuant to and under authority of the Statutes of the State of Wisconsin or the ordinances of the City of Madison, shall be subject to a fine of not less than twenty dollars ($20) nor more than two hundred dollars ($200) for each offense. (Am. by Ord. 8309, 4-16-84; ORD-15-00009, 1-28-15)

Madison General Ordinances § 7.42 DUMPING OF RUBBISH.

7.42 - DUMPING OF RUBBISH. (1) (a) It shall be unlawful for any person, firm or corporation owning real estate within the City or within one mile of the corporate limits of said City to permit or allow the dumping of garbage, ashes, rubbish, miscellaneous wastes, manure or other substances upon said real estate unless permit therefor is granted by Public Health Madison and Dane County. Such permit shall expire on the 31st day of December of the year in which granted and must be renewed annually. Such dumping without permit is hereby declared a nuisance. Where garbage, ashes, rubbish, manure or other substances are dumped or deposited on the property for which no permit has been authorized under the provisions of this ordinance it shall be the duty of such owner to cause such garbage, ashes, rubbish, manure or other substances to be removed, and in case of the failure of such owner to remove as aforesaid upon ten (10) days notice by Public Health Madison and Dane County such refusal shall constitute an offense and such owner shall be punished under provisions of subsection (5) of this ordinance. (Am. by Ord. 7899, 12-29-82) (b) No person, firm or corporation shall dump, deposit anywhere within the City or within one mile of corporate limits of said City except in such a place as may be authorized by Public Health Madison and Dane County by permit as described in Subdivision (a) of Subsection (1) of this section, any garbage, ashes, rubbish, miscellaneous wastes, manure or other substances which may contain disease germs or be scattered by the wind, or decompose or become filthy, noxious, or unhealthful. Such dumping without a permit is hereby declared to be a nuisance. It shall also be unlawful to dump or deposit any waste material upon private property unless the written consent of the owner or owner's authorized agent, shall first be obtained and filed with Public Health Madison and Dane County and a permit obtained from the said Department. Such permit shall expire on the 31st day of December of the year in which it is issued and shall be subject to annual renewal. (Am. by Ord. 7899, 12-29-82; ORD-14-00012, 1-14-14) (c) Public Health Madison and Dane County may, when requested, furnish to the owner of any property within the City a sign or signs citing the prohibitions on dumping under Section 7.42 of the Madison General Ordinances and setting forth the penalties therefor. The owner may post such sign on their property. (Cr. by Ord. 9342, 11-30-87) (2) Upon application filed with Public Health Madison and Dane County and upon Public Health Madison and Dane County finding that the creation and operation of a dump at a particular location will not be or become a nuisance, Public Health Madison and Dane County may issue such permit and include such conditions in said permit as Public Health Madison and Dane County shall deem necessary to insure that the particular dump will not become a nuisance and to protect the health and welfare of the public. Such permit shall not authorize any person to dump any of said substances on private property above the street grade and it shall not be lawful to dump any dirt, ashes, rubbish or other material in any such place unless the same is carefully leveled at the time it is so deposited. In granting the permit Public Health Madison and Dane County may specify the kinds of material that may be dumped at any particular dumping area. (Am. by Ord. 7899, 12-29-82) (3) Where the owner of private property permits said property to be used for dumping as herein provided, the owner shall be responsible for sanitation and maintenance of such private dumping grounds and Public Health Madison and Dane County may clean and level the same at the owner's expense after twenty-four (24) hours' written notice to such owner. Whenever Public Health Madison and Dane County shall clean and level any dumping ground as herein provided the expense thereof shall be entered as a special tax on the first tax roll prepared after the performance of said work and thereafter said tax shall be treated in all respects as any other City tax and in addition thereto the owner of such property shall be personally liable to the City for such expense. (Am. by Ord. 7899, 12-29-82) (4) As to any dumps operated outside of the City limits and within one (1) mile thereof, the provisions of this ordinance shall be subject to the approval of the town board of the town in which said dump is located and the owner of private dumps in such towns shall in addition to the permit required by Public Health Madison and Dane County as herein provided, also secure the written permission of the county board where such permission may be required under any county ordinance provision. (Am. by Ord. 7899, 12-29-82) (5) Any person violating any of the provisions of this section shall be subject to a fine of not more than two thousand dollars ($2000). Each day during which the provisions of this section shall be violated shall be deemed a separate offense. (Am. by Ord. 9342, 11-30-87) (Am. by ORD-15-00009, 1-28-15)

Madison General Ordinances § 7.43 RESERVED FOR FUTURE USE.

Madison General Ordinances § 7.44 MINIMUM STANDARDS FOR PUBLIC SWIMMING POOLS.

7.44 - MINIMUM STANDARDS FOR PUBLIC SWIMMING POOLS. Wis. Admin. chs. SPS 390 and ATCP 76 and all subsequent amendments, additions and recodifications thereto are hereby adopted by reference. The minimum standards as provided herein shall apply to all public swimming pools except where a more stringent standard is provided in chs. SPS 390 and ATCP 76 in which case the provision of the Wisconsin Administrative Code shall apply. (1) Definitions. "Operator" means the owner of a pool or the person responsible to the owner for the operation of a pool, including the mechanical systems operations of the pool. "Owner" means the state, a political subdivision of the state, corporation, company, association, firm, partnership, or individual owning or controlling any pool. "Public pool" means a structure, basin, chamber, or tank, and appurtenant buildings and equipment, used for wading, swimming, diving, water recreation, or therapy, including an exercise pool, mobile pool, whirlpool, cold soak pool, or water attraction. "Public pool" does not include an inflated mobile structure, basin, chamber, or tank; a swim pond; an individual therapeutic pod, tub, or bath; a fixed or mobile structure, basin, chamber, or tank that serves fewer than three (3) individual residences; or a fixed or mobile structure, basin, chamber, or tank that is used solely for animal training, therapy, or exercise and the only individuals in the pool are the animal trainer or handler, animal health or wellness professional or the animal's individual owner. (2) Public Swimming Pool Licenses. (a) No person, firm or corporation may operate a public swimming pool unless Public Health Madison and Dane County has first issued a Public Swimming Pool license. (b) No license shall be issued unless the swimming pool is in full compliance with Sec. 7.44, MGO, Wis. Admin. Code chs. SPS 390 and ATCP 76. (c) At least seven (7) days prior to opening for business the owner of a public swimming pool shall make application to the Clerk of the City of Madison for a license. The City Clerk shall transmit such application to Public Health Madison and Dane County. Public Health Madison and Dane County shall make such inspections as are necessary to determine whether all requirements of this section has been satisfied. Licenses shall be issued by Public Health Madison and Dane County the City Clerk only after the application therefore has been approved in writing by Public Health Madison and Dane County. (c) Public Swimming Pool licensing year shall be from July 1 through the following June 30. However, licenses issued on or after April 1 of one year shall be effective through June 30 of the following year. (d) Public Swimming Pool Licenses shall be established by the Board of Health in an amount sufficient to recover the costs incurred by the City and may be reestablished by the Board of Health as needed. City fees for licenses required by Madison General Ordinances Chapter 7 shall be published in the Public Health Madison and Dane County Fee Schedule, which shall be publicly available at the City Clerk's Office and posted on Public Health Madison and Dane County's website. No license shall be issued unless the operator shall have first submitted an application for a license and a license fee. Renewal licenses shall be obtained on or before June 30 of each year or be subject to a late filing fee of twenty-five percent (25%) of the license fee. Payment of the late filing fee shall not relieve any person from any other penalties prescribed in this chapter for failure to possess or obtain a license. (e) In addition to any other remedies provided by Sec. 7.44, MGO, Wis. Admin. Code chs. SPS 390 and ATCP 76, any license issued pursuant to this subsection may be suspended for up to thirty (30) days or revoked by the Director of Public Health Madison and Dane County for noncompliance with the provisions of Sec. 7.44, MGO, Wis. Admin. Code chs. SPS 390 and ATCP 76. Upon denial of a license or revocation or suspension of the license of any operator of a public swimming pool the operator may appeal the determination of the Director of Public Health Madison and Dane County to the Board of Health for Madison and Dane County within ten (10) days of the determination by filing a notice of appeal with the City Clerk who shall then promptly notify the members of the Administrative Hearings Committee of the appeal who shall promptly convene for consideration of the appeal. By majority vote, the Committee may reverse or modify the determination of the Director of Public Health Madison and Dane County. Any further appeal shall be to the Circuit Courts of Dane County. (f) Every license holder of a public swimming pool license shall promptly notify Public Health Madison and Dane County in writing of their intention to cease operations and shall also supply the Public Health Madison and Dane County with the names and post office addresses of any prospective new operators. (g) A license shall not be granted to an applicant without a pre-inspection. (h) The license shall be conspicuously displayed in the licensed facility. (i) License Contingent on Payment of Fees. The City Clerk or Public Health Madison and Dane County may not issue or renew a swimming pool license unless the license applicant or holder pays all fees which are due and payable under this section. (3) Pre-inspection Fee. (a) Every license applicant within this section who requests an inspection shall pay the pre-inspection fee herein set forth before said inspection. (b) A applicant for a public swimming pool license shall schedule a pre-inspection with Public Health Madison and Dane County after submitting their application and prior to Public Health Madison and Dane County or City Clerk issuing their license. (c) The pre-inspection fee for a public swimming pool license shall be established by the Board of Health and may be reestablished by the Board of Health as needed. (d) The pre-inspection fee for a public swimming pool license established by the Board of Health shall be published in the Public Health Madison and Dane County Fee Schedule, which shall be publicly available at the City Clerk's Office and posted on the Public Health Madison and Dane County's website. (4) Reinspection Fee. (a) If Public Health Madison and Dane County re-inspects an establishment regulated under Madison General Ordinance Chapter 7 because Public Health Madison and Dane County finds a violation of Madison General Ordinances, Public Health Madison and Dane County shall charge the license holder a re-inspection fee. (b) The reinspection fee for a public swimming pool license shall be established by the Board of Health and may be reestablished by the Board of Health as needed. (c) The reinspection fee for a public swimming pool license established by the Board of Health shall be published in the Public Health Madison and Dane County Fee Schedule, which shall be publicly available at the City Clerk's Office and posted on the Public Health Madison and Dane County's website. (d) The reinspection fee is payable when the reinspection is completed and is due upon written demand from Public Health Madison and Dane County. (5) Fees for Special Conditions Inspections. Public Health Madison and Dane County may charge for an inspection or on-site consultation services that are not directly related to Public Health Madison and Dane County's licensing responsibilities. Public Health Madison and Dane County may charge the license holder requesting the inspection or on-site consultation a fee as set forth in the Public Health Madison and Dane County Fee Schedule. The fee for a special conditions inspection shall be established by the Board of Health and shall be published in the Public Health Madison and Dane County Fee Schedule, which shall be publicly available at the City Clerk's Office and posted on the Public Health Madison and Dane County's website. (Cr. by ORD-24-00079, 12-4-24) (6) Fees for a Risk Control Plan. Public Health Madison and Dane County may charge a fee as set forth in the Public Health Madison and Dane County Fee Schedule for a Risk Control Plan. The fee shall be established by the Board of Health and may be reestablished by the Board of Health as needed. The fee shall be established by the Board of Health shall be published in the Public Health Madison and Dane County Fee Schedule, which shall be publicly available at the City Clerk's Office and posted on Public Health Madison and Dane County's website. A separate Risk Control Plan fee shall be paid for each Risk Control plan. (Cr. by ORD-24-00079, 12-4-24) (7) Plan Review Requirement and Fee. Public Health Madison and Dane County shall require an operator of a public swimming pool to submit plans for new pool construction or modifications. The plan review fee for a public swimming pool license shall be as set forth in the Public Health Madison and Dane County Fee Schedule as required in this section. (Cr. by ORD-24-00079, 12-4-24) (8) Fees for Operating Without Public Swimming Pool License. Any operator of a public swimming pool license establishment found to be operating without a license, shall pay to the Public Health Madison and Dane County a fee as set forth in the Public Health Madison and Dane County Fee Schedule, in addition to applicable fees. (Cr. by ORD-24-00079, 12-4-24) (9) Penalty. (a) Any person violating any of the provisions of this chapter for which a penalty is not already provided herein shall be punished by a forfeiture of not less than ten dollars ($10) nor more than one hundred dollars ($100) for each offense. Each day or portion thereof shall constitute a separate offense. (b) In addition to the above penalties, the department may order the suspension or revocation of the license issued to an establishment under this section. (c) Wis. Stat. § 66.0417(5)(b), regarding the impeding of city inspectors in the performance of their duties and the giving of false information to such inspectors, and all subsequent amendments, additions, and recodifications thereto are hereby adopted by reference. (Cr. by ORD-24-00079, 12-4-24) (Am. by Ord. 12,055, 3-13-98; Ord. 13,306, 4-30-03; Ord. 13,446, 11-7-03; Ord. 13,505, 2-10-04; Am. by ORD-05-00033, 2-24-05; ORD-06-00156, 11-23-06; ORD-08-00120, 10-24-08; ORD-12-00075, 6-20-12; Am. by ORD-14-00012, 1-14-14; Am. by ORD-22-00125, 12-15-22; Am. by ORD-24-00079, 12-4-24) (Cr. by ORD-24-00079, 12-4-24) (Cr. by ORD-24-00079, 12-4-24) (Sec. 7.44 R/Re-Cr by Ord. 11,211, 3-31-95; Am. by Ord. 13,446, 11-7-03; ORD-12-00035, 3-28-12; ORD-15-00009, 1-28-15; Am. & Renum. by ORD-24-00079, 12-4-24) (Sec. 7.44 R/Re-Cr by Ord. 11,211, 3-31-95; Am. by Ord. 13,446, 11-7-03; ORD-12-00035, 3-28-12; ORD-15-00009, 1-28-15)

Madison General Ordinances § 7.45 AIR POLLUTION CONTROL.

7.45 - AIR POLLUTION CONTROL. (1) The purpose of this subsection is to prohibit or strictly control the burning of materials in the City of Madison because of the air and water pollution which results from such burning. It is felt that only by completely prohibiting the outside burning of rubbish, leaves and other combustibles, can this unnecessary pollution be abated. (2) No person, firm or corporation shall build or burn any bonfire or burn in the open any wood, grass, trash, rubbish or other material or permit the same to be done within the City of Madison upon any public street, court or alley, or upon any premises, except upon application for and issuance of a time specific permit therefore by Public Health Madison and Dane County and the Madison Fire Department, provided that this subdivision shall not apply to the burning of wood in interior fireplaces nor to the burning of charcoal or similar substances outdoors for noncommercial cooking when such burning is done without danger of spread of fire. (Am. by Ord. 7899, 12-29-82) (3) The use of outdoor portable incinerators, drums, barrels or other containers or outdoor or inside fireplace for the burning of leaves, trash, garbage or refuse is hereby prohibited, except upon application for and issuance of a time specific permit by Public Health Madison and Dane County and the Madison Fire Department. (Am. by Ord. 7899, 12-29-82) (4) Any burning permitted under Subsections (2) or (3) shall be done in a safe and nuisance free manner in accordance with Madison Fire Department rules and regulations at times, locations and in a manner specified by the Madison Fire Department. (5) Copies of all burning permits issued shall be immediately forwarded to the Chief of Police and Director of Public Works, who with the Director of Public Health Madison and Dane County and the Fire Department Chief will examine semiannually all permits issued during the previous period and establish future permit issuing policies. (6) Burning permits may be canceled by the issuing authorities, Public Health Madison and Dane County and the Fire Department, by written notice to the permit holder of the reasons for the cancellation. (Am. by Ord. 7899, 12-29-82) (Am. by ORD-15-00009, 1-28-15)

Madison General Ordinances § 7.46 WATER POLLUTION CONTROL.

7.46 - WATER POLLUTION CONTROL. (1) Legislative Intent. This ordinance is designed to prevent any potentially polluting substance from reaching lakes or streams where it can create hazard to health, a nuisance or produce ecological damage and to assess responsibility and costs of clean-up to the responsible party. (2) Definitions. In this section: "Person" means an individual, owner, operator, corporation, partnership, association, limited liability company, municipality, interstate agency, state agency or federal agency. "Potentially polluting substance" means any dredged soil, solid waste, incinerator residue, sewage, garbage, refuse, oil, sewage sludge, munitions, chemical wastes, biological materials, radioactive substance, heat, wrecked or discarded equipment, rock, sand, cellar dirt, sump pump residue, and industrial, municipal and agricultural waste discharged into water. (Cr. by Ord. 12,171, 7-20-98) (3) Discharge or Release Prohibited. It shall be unlawful for any person to release, discharge, or permit the escape of any potential polluting substance into the waters of Lakes Mendota, Monona, Wingra or any part of Lake Waubesa adjacent to the boundaries of the City of Madison, or into any lake or stream in or under the jurisdiction of the City of Madison, or into any street, sewer, ditch or drainageway leading into any lake or stream, or to permit the same to be so discharged to the ground surface. (Am. and Renum. by Ord. 12,171, 7-20-98) (4) Exception. This section shall not apply to discharge of non-storm water permitted in accordance with Section 7.47. (5) Clean-up of Spilled or Accidentally Discharged Wastes. Any persons delivering, hauling, disposing, storing, discharging or otherwise handling potentially polluting substances, solid or liquid, such as, but not limited to, the following: fuel oil, gasoline, solvents, industrial liquids or fluids, milk, grease trap and septic tank wastes, sewage sludge, sanitary sewer wastes, storm sewer catch-basin wastes, oil or petroleum wastes, shall immediately clean up any such spilled material to prevent its becoming a hazard to health or safety or directly or indirectly causing the pollution to the lakes and streams under the jurisdiction of the City of Madison. (Am. and Renum. by Ord. 12,171, 7-20-98) (6) Duty of Notification. Spills or accidental release of hazardous materials or potentially polluting substances at a site or of a quantity or nature that cannot adequately be cleaned up by the responsible person shall be reported immediately to the emergency number for the Madison Police Department, 911, so that assistance can be given by the proper agency. (Am. and Renum. by Ord. 12,171, 7-20-98) (7) Financial Liability. The person responsible for the release, escape or discharge of potentially polluting substances may be held financially liable for the cost of any clean-up or attempted clean-up deemed necessary or desirable and undertaken by the City of Madison, or its designated agent, in an effort to minimize the polluting effects of the discharged substance. (Am. and Renum. by Ord. 12,171, 7-20-98) (8) Storage of Polluting Substances. It shall be unlawful for any person to store any potentially polluting substances unless such substances are stored in such manner as to securely prevent them from escaping onto the ground surface and/or into any street, sewer, ditch or drainageway, lake or stream in or under the jurisdiction of the City of Madison. (Am. and Renum. by Ord. 12,171, 7-20-98) (9) Enforcement Responsibility. The Director of Public Health Madison and Dane County or their designee shall have the administrative responsibility for the enforcement of this ordinance. (Am. and Renum. by Ord. 12,171, 7-20-98; Am. by ORD-15-00009, 1-28-15) (10) Penalty. Any person failing to comply with this ordinance may be subject to a fine of not less than fifty dollars ($50) no more than two thousand dollars ($2000). Each day of violation shall constitute a separate offense. (Am. and Renum. by Ord. 12,171, 7-20-98; Am. by ORD-08-00140, 12-23-08) (Sec. 7.46 R. & Recr. by Ord. 5041, 6-4-75; Am. by Ord. 12,171, 7-20-98)

Madison General Ordinances § 7.47 REGULATIONS OF DISCHARGE OF NONSTORM WATER.

7.47 - REGULATIONS OF DISCHARGE OF NONSTORM WATER. (1) Legislative Intent. This ordinance with its effluent quality requirement has as its specific objectives, the prevention of the introduction of materials in quantity or concentration that may: (a) Be potentially dangerous to human health; (b) Be potentially harmful, toxic, injurious, or destructive to the assemblage of native plants, animals, and aquatic organisms, normally found in our lakes, streams and wetlands; (c) Contribute adversely to the nutrient problem of the Madison lakes; (d) Degrade the esthetic quality of the receiving water; (e) Adversely affect the quality of the groundwater within the City; (f) Impair any designated Federal, Wisconsin, Dane County, or City of Madison water quality standards or delay achievement of Wisconsin's water quality goals. (2) Definitions. In this section: "Department" means Public Health Madison and Dane County. (Am. by ORD-15-00009, 1-28-15) "Effluent" means an overflow or discharge. "Groundwater(s)" means the portion of subsurface water which is within the zone of saturation and includes but is not limited to perched water tables, shallow regional groundwater tables, and aquifiers or zones that are seasonally, periodically or permanently saturated. "Nonstorm water" means water from a source other than melting snow or rainfall. "Permit" means a permit for the discharge of pollutants issued by the Department. "Person" means an individual, owner or operator, corporation, partnership, association, limited liability company, municipality, interstate agency, state agency, or federal agency. "Potential polluting substance" means any dredged soil, solid waste, incinerator residue, sewage, garbage, refuse, oil, sewage sludge, munitions, chemical wastes, biological materials, radioactive substance, heat, wrecked or discarded equipment, rock, sand, cellar dirt, sump pump residue, and industrial, municipal and agricultural waste discharged into water. "Storm water" means storm water runoff, snow or ice melt runoff, and surface runoff and drainage. "Surface water(s)" means all natural and artificial named and unnamed lakes and all naturally flowing streams, but does not include cooling lakes, farm ponds and facilities constructed for the treatment of wastewaters. "Wastewater" means cooling water, contaminated storm water, noncontact cooling water, process wastewater, sewage or any combination of these. (Cr. by Ord. 12,170, 7-20-98) (3) Permit. No person shall discharge any nonstorm water or connect any nonstorm water facility to the storm sewer system, or directly into any lake or stream in or under the jurisdiction of the City of Madison, or into any ditch or drainageway leading into such lakes and streams without first having obtained a permit therefor as required by this section. (Am. and Renum. by Ord. 12,170, 7-20-98) (4) Application. The aforesaid permit shall be obtained by submitting a written application to the Department on forms provided by the City one month prior to the commencement of discharge. The applications shall include, but not be limited to, the following: (a) Name, location and description of the applicant's property; (b) Name and address of the owner of the property; (c) Name, address and telephone number of property owner's agent or contact person; (d) Name, address and telephone number of plumbing or consulting firm, if applicable. (e) Source of or type of wastewater, estimated peak flow in gallons per minute, estimated daily average flow in gallons per day, estimated temperature at point of discharge, and a list of any expected chemical additives or other substances discharged, and their concentration; (f) A sketch drawn to scale of the property, showing: 1. location of discharge, and 2. receiving sewer or other receiving drainage or water body, and 3. proper sampling facility within the building, or 4. a four (4) foot diameter Madison Standard Storm Sewer Manhole or other approved access point for the purpose of sampling. (5) Availability and Connect Cost. The receiving sewer, ditch, or drainageway shall have sufficient capacity and the effluent shall not damage said sewer, ditch or drainageway as determined by the City Engineering Division. The City Engineer shall estimate the cost for the sewer connection and the cost to extend service to the applicant's property line. (Am. and Renum. by Ord. 12,170, 7-20-98) (6) Effluent Quality Requirements. (a) The effluent shall not pollute surface water or groundwaters and the effluent shall not degrade the quality of the receiving water below standards established by the State of Wisconsin. (Am. by Ord. 7899, 12-29-82) (b) Guided by applicable City, State and Federal water quality requirements, the Department shall establish effluent quality requirements for each proposed nonstorm water discharge to the storm sewer system or into any lake or stream in or under the jurisdiction of the City or into any ditch or drainageway leading into such lakes and streams. (Am. by Ord. 8646, 8-2-85) (c) Effluent quality requirements may be revised from time to time as required by law. Discharges pursuant to initially prescribed requirements shall not create a vested right of the permit holder to continue such discharge. Permit holders must at all times meet revised effluent quality requirements for the nonstorm water specifically approved for discharge under the permit. (d) Wis. Admin. Code chs. NR 102-106, are adopted by reference. (7) Sampling Facilities and Plumbing Standards. Required sampling facilities shall be installed prior to the commencement of any discharge or upon completion of any repair or alteration to any existing source of discharge. Permit holders shall comply at all times with state or local plumbing codes. (Am. and Renum. by Ord. 12,170, 7-20-98) (8) Approval Process. (a) The City Engineer or designee and the Director of Public Health Madison and Dane County or designee shall review the application according to the effluent quality requirements. If the requirements are met, the applicant shall be issued a permit by the Department. (b) Fees. The applicant shall pay to the City: 1. a nonrefundable seventy-five dollar ($75) application fee at the time of application before discharge begins; 2. the cost of connection and extension of service before discharge begins; 3. an annual discharge permit fee prior to July first for each year. Renewal licenses shall be obtained on or before June 30 of each year or be subject to a late filing fee of 15% of the license fee or a minimum of $3.00, whichever is greater. Payment of the late filing fee shall not relieve any person from any other penalties prescribed in this chapter for failure to possess or obtain a license. The annual discharge permit fee shall be in accordance with the following schedule of discharge volumes and said volumes shall be based upon the best available data: Annual Discharge in Gallons | Fee Up to 50,000 | $150 50,001 to 100,000 | 180 100,001 to 1,000,000 | 240 1,000,001 to 10,000,000 | 480 10,000,001 to 100,000,000 | 840 Greater than 100,000,000 | 1440 Discharge fees for new sources of discharge shall be based upon the best available estimates of discharge volume. (Am. by ORD-08-00141, 12-23-08) (c) The owner or owner's agent shall admit to the property at any reasonable time duly authorized City employees to sample the effluent quality and/or inspect all required plumbing facilities; (d) To have a permit in good standing, the applicant shall maintain the prescribed effluent quality requirements. (e) Any change in type or amount of flow of discharge requires the written approval of the City Engineer and Director of Public Health Madison and Dane County. (Am. & Renum. by Ord. 12,170, 7-20-98) (9) Revocation of Permit. (a) If investigation reveals that the effluent in any way does not meet the effluent quality requirements prescribed by the Department or the permitted volume discharges, the owner or owner's agent shall be notified and given a time specified not to exceed thirty (30) days by the permit-issuing authorities within which to correct the deficiencies noted. Failure to make correction within the specified time limits will result in automatic revocation of the permit. (b) After a permit has been so revoked, a new application shall be made and acted upon through the procedures set out herein before discharge may again be started. (Am. by Ord. 7899, 12-29-82) (10) Appeal. (a) Any applicant or permit holder aggrieved by an order of the Director of Public Health Madison and Dane County may request a hearing to appeal the order. A request for a hearing shall be submitted to the Board of Health for Madison and Dane County within fifteen (15) days after issuance of the order; otherwise, the right to request a hearing shall be deemed waived. (b) The matter shall be heard before a subcommittee of the Board of Health for Madison and Dane County consisting of three (3) members appointed by the Chair. All parties shall be notified of the date, time and location of the hearing to be set no more than thirty (30) days nor less than ten (10) days after the request has been received by the Board of Health for Madison and Dane County. At the hearing the applicant or permit holder and the Director of Public Health Madison and Dane County may be represented by counsel, shall have the opportunity to present evidence, and shall be able to call and cross-examine witnesses. Within ten (10) days of the hearing, the subcommittee shall issue a written decision stating the reason therefor. The decision shall be mailed to the addresses provided by the parties. (c) The decision of the subcommittee shall be a final determination and shall be subject to review in Circuit Court of Dane County as may be provided by law. Any party aggrieved by the decision may seek review thereof within thirty (30) days after the date of the final determination. (11) Limitation on Regulation. Nothing in these regulations shall prevent ordering effluents that do not meet prescribed effluent quality requirements out of the storm sewer or stopping their discharge into any stream or lake in or under the jurisdiction of the City of Madison. (12) Inspection of Records. All permit records shall be open to public inspection. (13) Penalty. Any person who shall violate the provisions of this ordinance or who shall refuse to comply with any lawful order issued pursuant to the provisions of this ordinance shall be fined not less than fifty dollars ($50) nor more than two thousand dollars ($2,000) for each and every violation hereof, each day of violation shall constitute a separate offense. (Am. by ORD-08-00140, 12-23-08) (Am. by Ord. 12,170, 7-20-98) (Am. and Renum. by Ord. 12,170, 7-20-98) (Am. and Renum. by Ord. 12,170, 7-20-98) (Am. and Renum. by Ord. 12,170, 7-20-98) (Cr. by Ord. 12,170, 7-20-98; Am. by ORD-05-00033, 02-24-05) (Renum. by Ord. 12,170, 7-20-98) (Renum. by Ord. 12,170, 7-20-98) (Am. & Renum. by Ord. 12,170, 7-20-98) (Am. by ORD-15-00009, 1-28-15)

Madison General Ordinances § 7.48 REGULATION OF THE SALE, APPLICATION AND USE OF FERTILIZERS.

7.48 - REGULATION OF THE SALE, APPLICATION AND USE OF FERTILIZERS. (1) Purpose. The Common Council finds that the Madison lakes are natural assets which enhance the environmental, recreational, cultural and economic resources of the Madison area and contribute to the general health and welfare of the public. The Common Council further finds that Madison lake water quality may be maintained and improved if the City is able to regulate the amount of nutrients and contaminants including phosphorus contained in fertilizer entering the Madison lakes as a result of runoff from lawns and turf. The purpose of this ordinance is to set forth regulations which will enable the City to protect its water resources for the health, safety, and welfare of the public without detracting from the natural beauty of homeowners' lawns and gardens. (2) Definitions. "Distribute" has the meaning specified under Wis. Stat. § 94.64(1)(d). "Fertilizer" has the meaning specified under Wis. Stat. § 94.64(1)(e). "Impervious surface" means a highway, street, sidewalk, parking lot, driveway, or other material that prevents infiltration of water into the soil. "Turf" has the meaning specified under Wis. Stat. § 94.643(1)(b). (3) It shall be unlawful for any person to apply to turf within the City any fertilizer, liquid or granular, that is labeled as containing phosphorus or available phosphate. (4) It shall be unlawful for any person to apply or deposit any fertilizer on an impervious surface. If such application occurs, the fertilizer must be immediately contained and either legally applied to turf or any other lawful site, or returned to the original or other appropriate container. (5) Time of Application. It shall be unlawful for a person to apply fertilizer when the ground is frozen or when conditions exist which promote or create runoff. (6) It shall be unlawful for any person to display or distribute for retail sale fertilizer labeled as containing phosphorus or available phosphate. This prohibition shall apply to the fertilizer content of a product that combines fertilizer with a pesticide. Signs may be posted advising customers that fertilizer containing phosphorus or available phosphate is available upon request for uses permitted by sub. (7)(a). A sign containing the regulations set forth in this section and the effects of phosphorus on Dane County's waters must be prominently displayed where fertilizers are sold. (Am. by ORD-05-00034, 2-24-05) (7) Exceptions. (a) Subsection (3) shall not apply when: 1. a tissue, soil or other test by UW-Extension Laboratory or another state-certified soil-testing laboratory and performed within the last three years indicates that the levels of available phosphorus in the soil is insufficient to support healthy turf growth, as determined by the University of Wisconsin Extension Service, provided that the proposed fertilizer application shall not contain an amount of phosphorus or available phosphate exceeding the amount and rate of application recommended in the soil test evaluation; 2. the property owner or an agent of the property owner is first establishing or re-establishing turf via seed or sod procedures, and only during the first growing season. (b) Any person who applies a fertilizer containing phosphorus or available phosphate pursuant to the aforementioned exceptions shall, consistent with the product label instructions, water such fertilizer into the soil where it is immobilized and generally protected from loss by runoff. (c) Subsection (6) regarding the prohibition of the distribution of fertilizer containing phosphorus shall not apply when the customer states: 1. a tissue, soil or other test by UW-Extension Laboratory or another state-certified soil-testing laboratory and performed within the last three years indicates that the levels of available phosphorus in the soil is insufficient to support healthy turf growth, as determined by the University of Wisconsin Extension Service; 2. the property owner or an agent of the property owner is first establishing or re-establishing turf via seed or sod procedures, and only during the first growing season. (8) Penalty. Any person who violates this ordinance shall pay a forfeiture of not less than fifty dollars ($50) nor more than two thousand dollars ($2000) for each offense. (Am. by ORD-05-00034, 2-24-05) (Sec. 7.48 Cr. by Ord. 4654, 8-2-74; Am. by Ord. 13,532, 2-24-04; ORD-09-00154, Pub.11-20-09, Eff. 4-1-10)

Madison General Ordinances § 7.49 STANDARDS FOR EXTERIOR PAINTING AND REMODELING.

7.49 - STANDARDS FOR EXTERIOR PAINTING AND REMODELING. (1) Scope. Owners of buildings and structures built before 1978 shall paint or remodel or cause to be painted or remodeled any painted exterior surface of such buildings or structures in conformity with the standards set forth in this section. These standards also apply if the age of the building or structure cannot be established by the owner to the satisfaction of Public Health Madison and Dane County. (a) Painting or remodeling includes but is not limited to work involving construction, alteration, repair, painting, paint removal or decorating. (b) A painted exterior surface means an exterior surface covered with a paint or other surface coating material. (c) An exterior surface may include but is not limited to walls; windows, window assemblies and trim; soffit; facia; doors, door assemblies and trim; porch and balcony floors and ceilings; columns; handrails and guardrails; and foundations. (2) Standards for Paint Removal Methods. (a) The following methods shall not be used to remove paint or other surface coating materials without the use of adequate engineering controls: 1. Open flame burning; 2. Power tool cleaning including but not limited to machine sanding or machine grinding; 3. Open-air abrasive blasting or stripping using sand, steel grit, steel shot, aluminum oxide, water or other abrasive media. (b) The methods listed in Subdivision (a) above may be used only with adequate engineering controls to the extent feasible to reduce public exposure to lead. Adequate engineering controls include but are not limited to vacuum attachments equipped with high efficiency particulate accumulator (HEPA) filters, partial containment structures, total containment structures under negative pressure or other method approved by the Director of Public Health Madison and Dane County. (Am. by ORD-15-00009, 1-28-15) (3) Safety Procedures. (a) All windows, doors, HVAC intake vents and other entry ways into the building or structure shall be kept closed, or sealed if necessary, while work is being performed. (Am. by Ord. 11,910, 7-29-97) (b) Plastic sheeting shall be used to prevent accumulation of dust and debris on the soil, vegetation or other surfaces adjacent to the work area. At a minimum, plastic sheeting shall be securely attached to the building or structure and extend the length of the work area. (Am. by Ord. 11,910, 7-29-97) (c) All visible dust and debris in and around the work area and all waste work materials such as tape, plastic sheeting, mop heads, cleaning cloths, sponges, disposable clothing, filters and other disposable work materials must be cleaned up at the end of each work day during the entire painting or remodeling project. The dust, debris and disposable work materials must be placed in double 4 mil or single 6 mil plastic bags. (d) Waste generated during the project shall be disposed of in conformance with all applicable local, state and federal laws and regulations. Waste shall be transported and disposed of in such a manner as to prevent lead from becoming airborne. (4) Warning Notice. At least two warning signs shall be conspicuously posted adjacent to the work area. The signs shall be posted at the beginning of the project and remain posted until the project has been completed. The signs shall measure at least eleven (11) inches by eight (8) inches and display the following wording: Caution - Paint Removal Work Area Danger to Children and Pregnant Women (5) Exemption. Persons are exempt from this ordinance if there is no lead-bearing paint present on the surfaces to be painted or remodeled or if there is no lead-bearing paint disturbed by the painting or remodeling process. Lead-bearing paint means any paint or other surface coating material containing more than 0.06% lead by weight, or showing a lead concentration of more than 0.7 milligrams of lead per square centimeter (0.7 mg/cm2) of surface area. This determination must be made prior to removing or disturbing the paint by a laboratory certified to do lead analysis through the Environmental Lead Laboratory Accreditation Program. Paint chip samples must be collected according to instructions provided by the accredited laboratory. Acceptable paint chip samples must include all layers of paint and omit any surface material such as wood, masonry, etc. A finding of no lead-bearing paint must be supported with written documentation showing who performed the testing specifying the company or lab name and address and technician name, the date of testing, the test method used, the location and type of surface tested and the test result for each sample. (Am. by Ord. 11,910, 7-29-97) (6) Penalties. Any person violating any of the provisions of this ordinance shall be subject to a forfeiture of not less than fifty dollars ($50) nor more than one thousand dollars ($1,000) and each day or fraction of a day on which any provision of this ordinance is violated shall be deemed a separate offense. (7) (R. by Ord. 11,910, 7-29-97) (Sec. 7.49(1) Am. by Ord. 11,910, 7-29-97; ORD-15-00009, 1-28-15) (Sec. 7.49 Cr. by Ord. 10,886, 4-15-94)

Madison General Ordinances § 7.50 RESERVED FOR FUTURE USE.

Madison General Ordinances § 7.51 HOTELS, MOTELS, TOURIST ROOMING HOUSES, AND BED AND BREAKFAST ESTABLISHMENTS.

7.51 - HOTELS, MOTELS, TOURIST ROOMING HOUSES, AND BED AND BREAKFAST ESTABLISHMENTS. (1) Adoption by Reference. Wis. Admin. Code chs. ATCP 72 and 73 and subsequent amendments, additions and recodifications, are adopted by reference except for those provisions found elsewhere in the Madison General Ordinances which impose stricter standards, in which case the said ordinance provisions shall prevail. (2) Definitions. "Bed and Breakfast Establishment" means any place of temporary lodging that provides eight (8) or fewer rooms for rent to no more than a total of twenty (20) tourists or other transients for more than 10 nights in a 12-month period, is the owner's personal residence, is occupied by the owner at the time of rental, and in which the only meal served to guests is breakfast. "Hotel" means a place where sleeping accommodations are offered for pay to transients, in 5 or more rooms, and all related rooms, buildings and areas. "Motel" means a hotel that furnishes on-premise parking for motor vehicles of guests as part of the room charge, without extra cost, and that is identified as a "motel" rather than a "hotel" at the request of the operator. "Tourist rooming house" means all lodging places and tourist cabins and cottages, other than hotels and motels, in which sleeping accommodations are offered for pay to tourists or transients. (3) Fees. The annual fee for hotels, motels, tourist rooming houses and bed and breakfast establishments shall be established by the Board of Health in an amount sufficient to recover the costs incurred by the City and may be reestablished by the Board of Health as needed. City fees for licenses required by Madison General Ordinances Chapter 7 shall be published in the Public Health Madison and Dane County Fee Schedule, which shall be publicly available at the City Clerk's Office and posted on Public Health Madison and Dane County's website. The licensing year shall be from July 1 through the following June 30. Renewal licenses shall be obtained on or before June 30 of each year or be subject to a late filing fee of twenty-five percent (25%) of the license fee. Payment of the late filing fee shall not relieve any person from any other penalties prescribed in this chapter for failure to possess or obtain a license. (4) License Required. (a) Before operating a hotel, motel, tourist rooming house, or bed and breakfast for business, the operator, shall obtain a license from Public Health Madison and Dane County through application made upon a form furnished by the Public Health Madison and Dane County. (b) The license shall be conspicuously displayed in the licensed facility. (c) A license shall not be granted to an applicant without a pre-inspection. (d) The City Clerk or Public Health Madison and Dane County may not issue or renew a hotel, motel, tourist rooming house, or bed and breakfast license unless the license applicant or holder pays all fees which are due and payable under this section (5) Change in Ownership. Every license holder of a hotel, motel, tourist room house, or bed and breakfast license shall promptly notify Public Health Madison and Dane County in writing of their intention to cease operations and shall also supply Public Health Madison and Dane County with the names and post office addresses of any prospective new operators. (6) Pre-inspection Fee. (a) Every license applicant within this section who requests an inspection shall pay the pre-inspection fee herein set forth before said inspection. (b) An applicant for a hotel, motel, tourist room house, or bed and breakfast license shall schedule a pre-inspection with Public Health Madison and Dane County after submitting their application and prior to Public Health Madison and Dane County or City Clerk issuing their license. (c) The pre-inspection fee for a hotel, motel, tourist rooming house, or bed and breakfast establishment license shall be established by the Board of Health and may be reestablished by the Board of Health as needed. (d) The pre-inspection fee for a hotel, motel, tourist rooming house, or bed and breakfast establishment license established by the Board of Health shall be published in the Public Health Madison and Dane County Fee Schedule, which shall be publicly available at the City Clerk's Office and posted on Public Health Madison and Dane County's website. (7) Reinspection Fee. (a) If Public Health Madison and Dane County reinspects an establishment regulated under Madison General Ordinance Chapter 7 because Public Health Madison and Dane County finds a violation of Madison General Ordinances, Public Health Madison and Dane County shall charge the establishment's license holder a re-inspection fee. (b) The reinspection fee for a hotel, motel, tourist rooming house, or bed and breakfast establishment license shall be established by the Board of Health and may be reestablished by the Board of Health as needed. (c) The reinspection fee for a hotel, motel, tourist rooming house, or bed and breakfast license established by the Board of Health shall be published in the Public Health Madison and Dane County Fee Schedule, which shall be publicly available at the City Clerk's Office and posted on Public Health Madison and Dane County's website. (d) The reinspection fee is payable when the reinspection is completed and is due upon written demand from Public Health Madison and Dane County. (8) Fees for Special Conditions Inspections. Public Health Madison and Dane County may charge for an inspection or on-site consultation services that are not directly related to Public Health Madison and Dane County's licensing responsibilities. Public Health Madison and Dane County may charge the license holder requesting the inspection or on-site consultation a fee as set forth in the Public Health Madison and Dane County Fee Schedule. The fee for a special conditions inspection shall be established by the Board of Health and shall be published in the Public Health Madison and Dane County Fee Schedule, which shall be publicly available at the City Clerk's Office and posted on Public Health Madison and Dane County's website. (9) Plan Review Requirement and Fee. Public Health Madison and Dane County shall require a license applicant or license holder of a new or extensively remodeled hotel, motel, tourist rooming house, or bed and breakfast establishment to submit plans to Public Health Madison and Dane County. The plan review fee for a hotel, motel, tourist rooming house, or bed and breakfast establishment license shall be as set forth in the Public Health Madison and Dane County Fee Schedule as required in this section. (10) Fees for Operating Without a License. Any operator found to be operating without a license, shall pay to Public Health Madison and Dane County a fee as set forth in the Public Health Madison and Dane County Fee Schedule, in addition to applicable fees. (Section 7.51 Cr. by Ord. 8552, 3-18-85; Am. by Ord. 8743, 12-31-85; Am. by Ord. 10,948, 7-30-94; Am. by Ord. 11,817, 3-31-97; Ord. 13,306, 4-3-03; Ord. 13,384, 8-23-03; Ord. 13,505, 2-10-04; ORD-12-00075, 6-20-12; ORD-13-00146, 9-11-13; Am. by ORD-15-00009, 1-28-15; ORD-16-00111, 12-14-16; Am. by ORD-19-00079, 11-13-19; Am. by ORD-21-00003, 1-19-21; Am. by ORD-22-00125, 12-15-22; Rpld & Recr. by ORD-24-00079, 12-4-24)

Madison General Ordinances § 7.52 RECREATIONAL AND EDUCATIONAL CAMPS.

7.52 - RECREATIONAL AND EDUCATIONAL CAMPS. (1) Adoption by Reference. Wis. Admin. Code ch. ATCP 78 and all subsequent amendments, additions, and recodifications thereto are hereby adopted by reference. (2) Definitions. "Operator" means the owner of a camp or the person responsible to the owner for the operation of the camp. "Recreational and educational camp" means a camp premises, including temporary and permanent structures that are operated as overnight living quarters, where food or lodging are provided for a camper. The camp provides a combination of planned program activities established for the primary purpose of providing an indoor or outdoor group living experience for campers with social, recreational, spiritual, and educational objectives during one or more seasons of the year. (3) Appeal Procedure. Any operator aggrieved by an order of Public Health Madison and Dane County under Wis. Admin. Code ch. ATCP 78 may appeal in accordance with the provisions of Wis. Stat. § 66.0417, to a subcommittee of the Board of Health for Madison and Dane County consisting of at least three (3) members. After the hearing, the subcommittee may affirm, set aside, or modify the order by majority vote. Any further appeal shall be to the Circuit Court of Dane County. (4) Fees. The annual fee for Recreational and Educational Camps shall be established by the Board of Health in an amount sufficient to recover the costs incurred by the City and may be reestablished by the Board of Health as needed. City fees for licenses required by Madison General Ordinances Chapter 7 shall be published in the Public Health Madison and Dane County Fee Schedule, which shall be publicly available at the City Clerk's Office and posted on Public Health Madison and Dane County's website. The license fee is for the period of July 1 through the following June 30 except that a license initially issued during the period beginning on April 1 and ending on June 30 expires on June 30 of the following year. Renewal licenses shall be obtained on or before June 30 of each year or be subject to a late filing fee of twenty-five percent (25%) of the license fee. Payment of the late filing fee shall not relieve any person from any other penalties prescribed in this chapter for failure to possess or obtain a license. (Am. by ORD-22-00125, 12-15-22; Am. by ORD-24-00079, 12-4-24) (5) License Required. (a) When a license is required to operate a recreational and educational camp under Wis. Admin. Code Sec. ATCP 78.07(1), the operator may not operate without a recreational and educational camp license. The license may be obtained through Public Health Madison and Dane County through application made upon a form furnished by Public Health Madison and Dane County. (b) The license shall be conspicuously displayed in the licensed facility (c) A license shall not be granted to an applicant without a pre-inspection. (d) The City Clerk or Public Health Madison and Dane County may not issue or renew a recreational and educational camp license unless the license applicant or holder pays all fees which are due and payable under this section. (6) Change in Ownership. Every license holder of a recreational and educational camp shall promptly notify Public Health Madison and Dane County in writing of their intention to cease operations and shall also supply the Public Health Madison and Dane County with the names and post office addresses of any prospective new operators. (Cr. by ORD-24-00079, 12-4-24) (7) Pre-inspection Fee. (a) Every license applicant within this section who requests an inspection shall pay the pre-inspection fee herein set forth before said inspection. (b) An applicant for a recreational and educational camp license shall schedule a pre-inspection with Public Health Madison and Dane County after submitting their application and prior to Public Health Madison and Dane County or City Clerk issuing their license. (c) The pre-inspection fee for a recreational and educational camp license shall be established by the Board of Health and may be reestablished by the Board of Health as needed. (d) Pre-inspection fee for recreational and educational camp license established by the Board of Health shall be published in the Public Health Madison and Dane County Fee Schedule, which shall be publicly available at the City Clerk's Office and posted on Public Health Madison and Dane County's website. (8) Reinspection Fee. (a) If Public Health Madison and Dane County reinspects a recreational and educational camp because Public Health Madison and Dane County finds a violation of Madison General Ordinances, Public Health Madison and Dane County shall charge the license holder a reinspection fee. (b) The reinspection fee for a recreational and educational camp license shall be established by the Board of Health and may be reestablished by the Board of Health as needed. (c) The reinspection fee for a recreational and educational camp license established by the Board of Health shall be published in the Public Health Madison and Dane County Fee Schedule, which shall be publicly available at the City Clerk's Office and posted on Public Health Madison and Dane County's website. (d) The reinspection fee is payable when the reinspection is completed and is due upon written demand from Public Health Madison and Dane County. (9) Plan Review Fee. The plan review fee for a recreational and educational camp license shall be as set forth in the Public Health Madison and Dane County Fee Schedule. Public Health Madison and Dane County shall require a license holder of a recreation and educational camp license to submit plans for approval as required by Wis. Admin. Ch. ATCP 78.06. The plan review fee under this section shall be as set forth in the Public Health Madison and Dane County Fee Schedule as required in this section. (Cr. by ORD-24-00079, 12-4-24) (10) Fees for Special Conditions Inspections. Public Health Madison and Dane County may charge for an inspection or on-site consultation services that are not directly related to Public Health Madison and Dane County's licensing responsibilities. Public Health Madison and Dane County may charge the license holder requesting the inspection or on-site consultation a fee as set forth in the Public Health Madison and Dane County Fee Schedule. The fee for a special conditions inspection shall be established by the Board of Health and shall be published in the Public Health Madison and Dane County Fee Schedule, which shall be publicly available at the City Clerk's Office and posted on the Public Health Madison and Dane County's website. (Cr. by ORD-24-00079, 12-4-24) (11) Fees for Operating Without a License. Any operator found to be operating without a license, shall pay to Public Health Madison and Dane County a fee as set forth in the Public Health Madison and Dane County Fee Schedule, in addition to any applicable fees. (Cr. by ORD-24-00079, 12-4-24) (Am. by ORD-24-00079, 12-4-24) (Cr. by ORD-24-00079, 12-4-24) (Cr. by ORD-24-00079, 12-4-24) (Cr. by ORD-24-00079, 12-4-24) (Sec. 7.52 Cr. by Ord. 10,949, 7-30-94; Ord. 13,306, 4-30-03; Ord. 13,505, 2-10-04; Am. by ORD-05-00033, 2-24-05; ORD-06-00156, 11-23-06; ORD-12-00035, 3-28-12; ORD-15-00009, 1-28-15; Am. by ORD-19-00079, 11-13-19; Am. by ORD-21-00003, 1-19-21)

Madison General Ordinances § 7.53 CAMPGROUNDS.

7.53 - CAMPGROUNDS. (1) Adoption by Reference. Wis. Admin. Code ch. ATCP 79 and all subsequent amendments, additions, and recodifications thereto are hereby adopted by reference. (2) Definitions. "Campground" means a parcel or tract of land owned by a person, state, or local government that is designed, maintained, intended, or used for the purpose of providing campsites offered with or without charge, for temporary overnight sleeping accommodations. "Operator" means the owner of a campground or the person responsible to the owner for the operation of the campground. (3) Appeal Procedure. Any operator aggrieved by an order of Public Health Madison and Dane County written pursuant to Wis. Admin. Code ch. ATCP 79 of the may appeal such order in accordance with the provisions of Wis. Stat. § 66.0417, to a subcommittee of the Board of Health for Madison and Dane County consisting of at least three (3) members. After the hearing, the subcommittee may affirm, set aside, or modify the order by majority vote. Any further appeal shall be to the Circuit Court of Dane County. (Am. by ORD-05-00033, 2-24-05) (4) Fees. The annual fee for a campground license shall be established by the Board of Health in an amount sufficient to recover the costs incurred by the City and may be reestablished by the Board of Health as needed. City fees for licenses required by Madison General Ordinances Chapter 7 shall be published in the Public Health Madison and Dane County Fee Schedule, which shall be publicly available at the City Clerk's Office and posted on Public Health Madison and Dane County's website. The license fees are for the period July 1 through the following June 30 except that a license initially issued during the period beginning on April 1 and ending on June 30 expires on June 30 of the following year. Renewal licenses shall be obtained on or before June 30 of each year or be subject to a late filing fee of twenty-five percent (25%) of the license fee. Payment of the late filing fee shall not relieve any person from any other penalties prescribed in this chapter for failure to possess or obtain a license. (Am. by ORD-22-00125, 12-15-22; Am. by ORD-24-00079, 12-4-24) (5) License Required. (a) No person, firm, or corporation shall operate a campground without a campground license. The license applicant, shall obtain a license from Public Health Madison and Dane County through application made upon a form furnished by Public Health Madison and Dane County. (b) The license shall be conspicuously displayed in the licensed facility. (c) A license shall not be granted to an applicant without a pre-inspection. (d) License Contingent on Payment of Fees. The City Clerk or Public Health Madison and Dane County may not issue or renew a campground license unless the license applicant pays all fees which are due and payable under this section. (6) Pre-inspection Fee. (a) Every license applicant within this section who requests an inspection shall pay the pre-inspection fee herein set forth before said inspection. (b) An applicant for a campground license shall schedule a pre-inspection with Public Health Madison and Dane County after submitting their application and prior to Public Health Madison and Dane County or City Clerk issuing their license. (c) The pre-inspection fee for a campground license shall be established by the Board of Health and may be reestablished by the Board of Health as needed. (d) Pre-inspection fee for a campground license established by the Board of Health shall be published in the Public Health Madison and Dane County Fee Schedule, which shall be publicly available at the City Clerk's Office and posted on Public Health Madison and Dane County's website. (Cr. by ORD-24-00079, 12-4-24) (7) Reinspection Fee. (a) If Public Health Madison and Dane County reinspects a campground regulated under Madison General Ordinance Chapter 7 because Public Health Madison and Dane County finds a violation of Madison General Ordinances, Public Health Madison and Dane County shall charge the establishment's license holder a reinspection fee. (b) The reinspection fee for a campground license shall be established by the Board of Health and may be reestablished by the Board of Health as needed. (c) The reinspection fee for a campground license established by the Board of Health shall be published in the Public Health Madison and Dane County Fee Schedule, which shall be publicly available at the City Clerk's Office and posted on Public Health Madison and Dane County's website. (d) The reinspection fee is payable when the reinspection is completed and is due upon written demand from Public Health Madison and Dane County. (Cr. by ORD-24-00079, 12-4-24) (8) Plan Review. The plan review fee for a campground license shall be as set forth in the Public Health Madison and Dane County Fee Schedule. Public Health Madison and Dane County shall require an operator of a campground to submit plans for approval as required by Wis. Admin. Ch. ATCP 79.04. The plan review fee under this section shall be as set forth in the Public Health Madison and Dane County Fee Schedule as required in this section. (Cr. by ORD-24-00079, 12-4-24) (9) Fees for Special Conditions Inspections. Public Health Madison and Dane County may charge for an inspection or on-site consultation services that are not directly related to Public Health Madison and Dane County's licensing responsibilities. Public Health Madison and Dane County may charge the license holder requesting the inspection or on-site consultation a fee as set forth in the Public Health Madison and Dane County Fee Schedule. The fee for a special conditions inspection shall be established by the Board of Health and shall be published in the Public Health Madison and Dane County Fee Schedule, which shall be publicly available at the City Clerk's Office and posted on the Public Health Madison and Dane County's website. (Cr. by ORD-24-00079, 12-4-24) (10) Fees for Operating Without a License. Any operator found to be operating without a license, shall pay to the Public Health Madison and Dane County a fee as set forth in the Public Health Madison and Dane County Fee Schedule, in addition to applicable fees. (Cr. by ORD-24-00079, 12-4-24) (Am. by ORD-24-00079, 12-4-24) (Cr. by ORD-24-00079, 12-4-24) (Sec. 7.53 Cr. by Ord. 10,964, 8-15-94; Am. by Ord. 13,601, 5-11-04; ORD-12-00035, 3-28-12; ORD-15-00009, 1-28-15; Am. by ORD-19-00079, 11-13-19; Am. by ORD-21-00003, 1-19-21)

Madison General Ordinances § 7.54 RELATIONSHIP OF CITY FEES TO STATE FEES.

7.54 - RELATIONSHIP OF CITY FEES TO STATE FEES. The fees set forth in this chapter are city fees and are in addition to any state fees which may be imposed for the same activity or subject matter. No part of any state fee which is refunded by the city or which is retained by the city shall be included in calculating the city fee under this chapter. (Cr. by ORD-08-00008, 1-24-08)

Madison General Ordinances § 7.55 OUTDOOR WOOD BOILERS PROHIBITED. (Health/Building Inspection)

7.55 - OUTDOOR WOOD BOILERS PROHIBITED. (Health/Building Inspection) (1) Definition. "Outdoor wood boiler" as used in this section means any self-contained stove designed for the combustion of solid fuel and connected to a home or other building through underground piping. Outdoor wood boilers are also called wood-fired furnaces, wood-fired stoves, and outdoor furnaces. (2) No person shall install, use, or maintain any outdoor wood boiler within the City of Madison. (3) Pre-existing Outdoor Wood Boilers. Any person with an outdoor wood boiler installed and operating prior to the effective date of this ordinance, may apply for a permit to continue to operate the boiler under the following conditions: a. All outdoor wood boilers shall be operated in accordance with the manufacturer's directions, except as otherwise provided herein. b. No industrial waste, rubber, plastic, used motor oil, toxic chemicals, hazardous waste, yard waste, painted or chemically treated wood, processed wood products, household garbage, cardboard, waste paper or animal waste shall be burned in the outdoor wood boiler. c. Outdoor wood boilers shall not be operated between April 1 and October 15. d. Outdoor wood boilers shall not be operated in a manner that produces excessive smoke, dust, or odors. e. Outdoor wood boilers shall meet all applicable state and federal emission standards. f. Upon the transfer of title of a home or other building with an outdoor wood boiler, neither the valid permit nor the right to operate the existing boiler shall be transferred to the new owner. (4) Permits for Pre-Existing Wood Boilers. The permit shall be issued by the City Clerk based on an application form provided by that office and payment of a fifty dollar ($50) fee. The permit shall be valid for one year from the date of issue and may be renewed only by the original permit holder. (5) Any person who shall violate any provision of Section (3) shall have their permit revoked. (6) Boilers for utility, municipal, industrial and research purposes constructed under WDNR air emissions permits and in compliance with air quality standards are exempt from this ordinance. (7) Any person operating an outdoor wood boiler without a permit upon conviction of such may be subject to a forfeiture of not more than two hundred dollars ($200). Each day such violation continues shall be considered a separate offense. (Sec. 7.55 Cr. by ORD-09-00029, 2-19-09)

Madison General Ordinances § 7.56 COMPLIANCE INSPECTION FEES.

7.56 - COMPLIANCE INSPECTION FEES. (1) Any person who shall fail or neglect to comply with any lawful order of the Director of the Building Inspection Division issued pursuant to the provisions of this chapter may be assessed seventy-five dollars ($75) per compliance inspection, as defined in Sec. 27.03(2), MGO, that does not result in compliance with the order. (Am. by ORD-11-00057, 4-7-11) (2) The Department of Planning and Community and Economic Development shall keep an accurate account of all unpaid inspection fees incurred for compliance inspection services rendered and report the same to the Finance Director, who shall annually prepare a statement of these special charges at each lot or parcel of land and report the same to the City Clerk, and the amount therein charged to each lot or parcel of land shall be by said Clerk entered in the tax roll as a special charge against said lot or parcel of land, and the same shall be collected in all respects like other special charges upon real estate as provided in Wis. Stat. § 66.0627. (Am. by ORD-11-00037, 3-8-11) (Cr. by ORD-10-00058, 6-11-10)

Madison General Ordinances § 7.60 PENALTY.

7.60 - PENALTY. Any person violating any of the provisions of this chapter for which a penalty is not already provided herein shall be punished by a forfeiture of not less than ten dollars ($10) nor more than two hundred dollars ($200) for each offense. (Renumbered by Ord. 4654, 8-2-74)

Madison General Ordinances § 7.075 GENERAL FOOD REGULATIONS.

7.075 - GENERAL FOOD REGULATIONS. The following regulations also apply to all eating and drinking establishments, retail food establishments, and soda fountains. (1) Adoption by Reference. Wis. Stat. § 97.30 and Wis. Admin. Code chs. ATCP 74 and ATCP 75 and subsequent amendments, additions and recodifications are adopted by reference except for those provisions found elsewhere in the Madison General Ordinances which impose stricter standards, in which case the said ordinance provisions shall prevail. (Cr. by Ord. 10,745, 10-15-93; Am. by Ord. 13,497, 1-23-04) (2) Miscellaneous Beef Products. (a) Chopped beef or ground beef shall consist of chopped fresh and/or frozen beef with or without seasoning and without the addition of beef fat as such, shall not contain more than thirty percent (30%) fat, and shall not contain added water, binders, or extenders. (b) Hamburger shall consist of chopped fresh and/or frozen beef with or without the addition of beef fat as such and/or seasoning, shall not contain more than thirty percent (30%) fat, and shall not contain added water, binders, or extenders. (c) Beef patties shall consist of chopped fresh and/or frozen beef with or without the addition of beef fat as such and/or seasoning. Binders or extenders and/or partially defatted beef fatty tissue may be used without added water or with added water only in amounts such that the product's characteristics are essentially that of a meat pattie. The product must be labeled with ingredients in descending order of prominence. (3) Any food placed or displayed for sale on the outside of any building, in any open window, doorway, or upon any sidewalk, street or alley or from any conveyance shall be securely protected from flies, rodents, other animals, dust, dirt and all other injurious contamination and shall be elevated to a distance of at least twenty-four (24) inches above the floor or sidewalk. (Renumbered by Ord. 8760, 12-31-85) (4) Samples. The Director of Public Health Madison and Dane County or their authorized representative shall have free access at reasonable hours to secure samples or specimens of any food after paying or offering to pay for such sample. It is the duty of the Director of Public Health Madison and Dane County or their authorized representative to make examinations of samples thus secured. (Renumbered by Ord. 8760, 12-31-85; Am. by ORD-14-00012, 1-14-14) (5) Holding Orders. (a) Whenever the Director of Public Health Madison and Dane County or authorized representative has reasonable cause to believe that any food is adulterated or misbranded and is dangerous to health or misleading to the injury or damage of the purchaser or consumer, they shall issue and deliver to the owner or custodian thereof a holding order prohibiting the sale or movement of such food for any purpose until the analysis of examination of the sample obtained has been completed. Such holding order shall be effective for a period no longer than fourteen (14) days from the time of delivery thereof. (b) No food described in any such holding order so issued and delivered shall be sold or moved for any purpose without the approval of the Director of Public Health Madison and Dane County or their authorized representative until such analysis or examination has been completed within the time specified above. If the Director of Public Health Madison and Dane County or their authorized representative upon completed analysis or examination determines that the food described in such holding order is not adulterated or misbranded, then the owner or custodian thereof shall be promptly so notified in writing, and such holding order shall terminate upon such notification. (c) Where the analysis or examination shows such food is adulterated or misbranded and is dangerous to Health or misleading to the injury or damage of the purchaser or consumer, the owner or custodian thereof shall be so notified within the effective time of the holding order. Upon receipt of such notice the food subject to the holding order shall not be sold or otherwise moved without the approval of the Director of Public Health Madison and Dane County or their authorized representative and shall only be sold or otherwise moved in a manner authorized by the Director of Public Health Madison and Dane County or their authorized representative or under their direction. (6) Penalties. Any person who violates any provision of this ordinance shall be fined not less than ten dollars ($10) nor more than two hundred dollars ($200). Each and every violation of the provisions of this ordinance shall constitute a separate offense. (Renumbered by Ord. 8760, 12-31-85) (Renumbered by Ord. 8760, 12-31-85) (Renumbered by Ord. 8760, 12-31-85; Am. by ORD-14-00012, 1-14-14) (Sec. 7.075 Cr. by Ord. 5523, 6-30-76; Am. by ORD-15-00009, 1-28-15)

Madison General Ordinances § 7.085 REGULATIONS GOVERNING SODA FOUNTAINS.

7.085 - REGULATIONS GOVERNING SODA FOUNTAINS. (1) Definitions. The following definitions shall apply in the interpretations and the enforcement of this ordinance: (a) Soda Fountain. The term "soda fountain" shall mean a place of business, or a designated area within another place of business, where any one or combination of ice cream, ice milk, sherbets, syrup flavors, fruit and soft drinks are served in individual portions to the public. The term soda fountain shall not refer to places of business where soft drinks are served only in the original container or to locations where only individually pre-wrapped or packaged-at-the-factory portions of ice cream, ice milk or other frozen mixtures of milk and flavors are sold. (b) Employee. The term "employee" shall mean any person who is engaged in the preparation or serving of food or drink, or who comes in contact with any eating or drinking utensils and who is employed in a room in which food or drink is prepared or served. (c) Utensils. "Utensils" shall mean any kitchenware, tableware, glassware, cutlery, containers, or other equipment with which food or drink comes in contact with during storage, preparation, or serving. (d) Director of Public Health Madison and Dane County. The term "Director of Public Health Madison and Dane County" shall mean the Director of Public Health Madison and Dane County or their authorized representative. (Am. by ORD-08-00120, 10-24-08; ORD-15-00009, 1-28-15) (e) Approved. Wherever the word "approved" appears in this regulation, it shall mean approved by Public Health Madison and Dane County unless otherwise specified. (Am. by Ord. 7899, 12-29-82 ORD-15-00009, 1-28-15) (2) Permits. It shall be unlawful for any person to operate a soda fountain in the City of Madison who does not possess a food and drink permit. (Am. by Ord. 8189, 12-28-83) (3) Reserved For Future Use. (R. by Ord. 8189, 12-28-83) (4) Examination and Condemnation of Unwholesome or Adulterated Food and Drink. Samples of food, drink, and other substances may be taken and examined by the Director of Public Health Madison and Dane County as may be necessary for the detection of unwholesomeness or adulteration. The Director of Public Health Madison and Dane County may condemn and forbid the sale of or cause to be removed or destroyed, any food or drink which is unwholesome or adulterated. (5) Inspection of Soda Fountains. At least once every six (6) months the Director of Public Health Madison and Dane County shall inspect every soda fountain located within the City of Madison. In case the Director of Public Health Madison and Dane County discovers the violation of any item of sanitation, they shall make a second inspection after the lapse of such time as is reasonably necessary for the defect to be remedied, and the second inspection shall be used in determining compliance with the requirement of this ordinance. Any violation of the same item of this ordinance on the third consecutive inspection shall call for immediate suspension of permit. One copy of the inspection report shall be posted by the Director of Public Health Madison and Dane County upon an inside wall of the soda fountain, and said inspection report shall not be defaced or removed by any person except the Director of Public Health Madison and Dane County. Another copy of the inspection report shall be filed with the records of Public Health Madison and Dane County. The person operating the soda fountain shall upon request of the Director of Public Health Madison and Dane County permit access to all parts of the establishment relevant to the soda fountain operation. (6) Sanitation Requirements for Soda Fountains. All soda fountains shall comply with the following sanitation requirements: (a) Floors. The floors of all rooms in which food or drink is stored, prepared or served, or in which utensils are washed, shall be of such construction as to be easily cleaned, shall be smooth, and shall be kept clean and in good repair. (b) Walls and Ceilings. Walls and ceilings of all rooms shall be kept clean and in good repair. All walls and ceilings of rooms in which food or drink is prepared shall be finished in light color. The walls of all rooms in which food or drink is prepared or utensils are washed shall have a smooth, washable surface. (c) Doors and Windows. When flies are prevalent, all openings into the outer air shall be effectively screened and doors shall be self-closing unless other effective means are provided to prevent the entrance of flies. (d) Lighting. All rooms in which food or drink is stored or prepared or in which utensils are washed shall be well lighted. (e) Ventilation. All rooms in which food or drink is stored, prepared, or served, or in which utensils are washed shall be well ventilated. (f) Toilet Facilities. Every soda fountain shall be provided with adequate and conveniently located toilet facilities for its employees and conforming with the General Ordinances of the City of Madison except that: 1. Employees' toilets opening directly into a food storage or preparation area shall have self-closing doors. 2. Handwashing signs shall be kept posted in toilet rooms used by employees. (g) Water Supply. Adequate safe water under pressure shall be convenient in any room where food is prepared or utensils are washed. Private water supply installation shall be in conformance with the Wisconsin Well Construction and Pump Installation Code. Private water supplies shall be sampled at least once every six (6) months and shall conform to the standards of the Public Health Madison and Dane County. (Am. by Ord. 7899, 12-29-82) (h) Lavatory Facilities. Adequate handwashing facilities convenient to the food preparation area shall be provided. Hot and cold running water, soap and approved hand drying facilities shall be available. (i) Construction of Utensils and Equipment. All multi-use utensils and all show and display cases or windows, counters, shelves, tables, refrigerating equipment, sinks, and other soda fountain equipment or utensils used in connection with the operation of a soda fountain shall be so constructed as to be easily cleaned and shall be kept in good repair. Work surfaces shall be constructed of corrosive resistant material. (j) Cleaning and Bactericidal Treatment of Utensils and Equipment. 1. All equipment, including display cases or windows, counters, shelves, tables, refrigerators, and sinks, shall be kept clean and free from dust, dirt, insects, and other contaminating material. All cloths used by waiters and other employees shall be clean. Single-service containers shall be used only once. 2. All multi-use eating and drinking utensils shall be thoroughly cleaned and effectively sanitized after each use. 3. Manual Cleansing. The following procedures and equipment shall be acceptable where manual dishwashing is practiced. a. Dish Tables. Adequate area shall be provided on either end of sinks for storage and drainage of eating and drinking utensils. b. Scraping. When practical, washing shall be preceded by manual or water scraping or preflushing. c. Washing. Multi-use utensils shall be thoroughly washed in warm water and soap or detergent. Wash water shall be kept clean by frequent changing. d. Sanitizing. Utensils shall be sanitized by one of the following methods: Submerging in water maintained at one hundred eighty (180) degrees Fahrenheit for thirty (30) seconds; or submerging for two (2) minutes in a solution containing two hundred (200) parts per million available chlorine or other equivalent solution approved by the Director of Public Health Madison and Dane County. Where chemicals (chlorine or other) are used as sanitizing agents, a clear water rinse shall be provided between the wash and sanitizing tanks. 4. Mechanical Cleaning. The following procedures and equipment shall be acceptable where mechanical dishwashing is employed. a. Dish Tables. Adequate area shall be provided for storing, scraping, racking and drying of utensils. In all new or remodeled installations drying area shall be adequate to provide a forty-five (45) second drying period after utensils leave dish machine. b. Scraping. (Water scraping; preflushing; prerinsing) Gross soil on utensils shall be removed by scraping before utensils enter dish machine. c. Racking. Utensils shall be placed in racks in a manner so that each utensil will be fully exposed to unrestricted preflushing, washing and rinsing. d. Washing. Utensils shall be subjected to wash water temperature between one hundred forty (140) degrees - one hundred sixty (160) degrees Fahrenheit and adequate detergent for at least twenty (20) seconds. e. Sanitizing. Utensils shall be subjected to a sanitizing rinse of at least one hundred eighty (180) degrees Fahrenheit for at least ten (10) seconds in spray type machines and thirty (30) seconds or more in immersion type machines. f. Water Pressure. In spray type machines wash and rinse waters shall have fifteen (15) to twenty-five (25) pounds per square inch flow pressure. g. Thermometers. Easily readable thermometers shall be provided to show the temperature of the wash water and of the rinse water entering the rinse spray arms of spray type machines or in the rinse tank of immersion type machines. h. Maintenance. All dishwashing equipment shall be maintained in the proper state of repair so as to provide clean and sanitary utensils. i. Operation. Dishwashing operations shall be such as to insure proper operation of dish machine equipment and comply with this ordinance. Clear and explicit instructions on the dishwashing operation shall be kept posted where readily visible to the dish machine operator. 5. Drying Cloths. Where used, an adequate supply of clean drying cloths must be readily available to the dishwashing area. Soiled cloths shall be kept in an area or container not readily accessible to the dishwashing area. (k) Storage and Handling of Utensils and Equipment. After bactericidal treatment utensils shall be stored in a clean, dry place protected from flies, dust and other contamination, and shall be handled in such a manner as to prevent contamination as far as practicable. Single-service utensils shall be purchased only in sanitary containers, shall be stored therein in a clean, dry place until used, and shall be either wrapped or kept in sanitary dispensers, protected from handling during filling, storage and dispensing and from other sources of contamination. Where ice cream and frozen desserts are dipped or ladled, running water dipper wells shall be provided. (l) Plumbing and Disposal of Wastes. All wastes shall be properly disposed of, and all garbage and rubbish shall be kept in suitable receptacles in such manner as not be become a nuisance. All plumbing shall be so designed, installed and maintained as to prevent contamination of the water supply, food, drink, or equipment. (m) Refrigeration. All readily perishable food and drink shall be kept at or below forty (40) degrees Fahrenheit except when being prepared or served. Waste water from refrigeration equipment shall be properly disposed of. Dry refrigeration shall be used in all permanent installations. (n) Wholesomeness of Food and Drink. All food and drink shall be clean, wholesome, free from spoilage, and so prepared as to be safe for human consumption. All milk, fluid milk products, ice cream, and other frozen desserts served shall be from approved sources. Milk and fluid milk products shall be served in the individual, original containers in which they were received from the distributor or from a bulk container equipped with an approved dispensing device; provided, that this requirement shall not apply to cream, which may be served from a dispenser approved for such service. The dipping of milk for milk drinks is prohibited. (o) Storage, Display and Serving of Food and Drink. All food and drink shall be so stored, displayed and served as to be protected from dust, flies, vermin, depredation and pollution by rodents, unnecessary handling, droplet infection, overhead leakage, and other contamination. No animals or fowl shall be kept or allowed in the area in which food or drink is prepared or stored. Necessary measures in compliance with current practices approved by the Director of Public Health Madison and Dane County for the elimination of insects and rodents shall be taken. (p) Cleanliness of Employees. All employees who work in the soda fountain area only shall wear clean aprons or other suitable covering over street clothes. They shall wear hairnets or caps, and shall keep their hands clean at all times while engaged in handling food, drink, utensils or equipment. Employees shall not expectorate or use tobacco in any form in any area in which food is prepared. (q) Miscellaneous. The premises of all soda fountains shall be kept clean and free of litter or rubbish. None of the operations connected with a soda fountain shall be conducted in any room used as living or sleeping quarters. Adequate lockers or dressing rooms shall be provided for employees' clothing and shall be kept clean. Soiled linens, coats, and aprons shall be kept in containers for this purpose. (7) Reinstatement of Permit. Any soda fountain the permit of which has been suspended may at any time make application for the reinstatement of the permit. Within three (3) days after the receipt of a satisfactory application, accompanied by a statement signed by the applicant to the effect that the violated provisions of this ordinance have been conformed with, the Director of Public Health Madison and Dane County shall make reinspection, and thereafter as many additional reinspections as they may deem necessary to assure himself that the applicant is again complying with the requirements, and in case the findings indicate compliance, shall reinstate the permit. (Am. by ORD-14-00012, 1-14-14) (8) Disease Control. No person who is affected with any disease in a communicable form or is a carrier of such disease shall work in any soda fountain and no soda fountain shall employ any such person. All medically suspected cases of communicable disease shall be studied by Public Health Madison and Dane County to determine presence or absence of communicable disease. Until it can be determined by examination and/or tests that communicable disease is not present, the employee shall not work in a soda fountain. A tuberculin skin test, or miniature chest x-ray (70mm or better) is required annually. A fourteen inch by seventeen inch (14" x 17") chest x-ray shall be required of any personnel having a positive skin test or questionable miniature x-ray. A report of the required annual tuberculin test or x-ray shall be kept on file by the Director of Public Health Madison and Dane County. A report stating compliance shall be furnished foodhandler and operator by Public Health Madison and Dane County. No person shall prepare or serve food or handle soda fountain utensils with any open lesion which may subject any food or utensil to contamination therefrom. (9) Penalties. Any person who violates any provision of this ordinance shall be fined not less than twenty dollars ($20) nor more than two hundred dollars ($200). Each and every violation of the provisions of this ordinance shall constitute a separate offense. (Am. by Ord. 8309, 4-16-84) (10) Unconstitutionality Clause. Should any section, subsection, sentence, paragraph, clause or phrase of this ordinance be declared unconstitutional or invalid for any reason, the remainder of said ordinance shall not be affected thereby. (11) Appeal. Anyone in interest being dissatisfied with an order of the Director of Public Health Madison and Dane County may appeal to the Director of Public Health Madison and Dane County and may commence an action in the Circuit Court for Dane County against the Director of Public Health Madison and Dane County as defendant to vacate or modify the order on the ground that it is unlawful or unreasonable. (Am. by Ord. 7899, 12-29-82; ORD-15-00009, 1-28-15) (Am. by Ord. 7899, 12-29-82) (Am. by ORD-15-00009, 1-28-15)

Madison General Ordinances § 7.321 DEPOSITING HUMAN WASTE PRODUCTS REGULATED.

7.321 - DEPOSITING HUMAN WASTE PRODUCTS REGULATED. No person shall deposit human waste products upon nor urinate or defecate upon any public or private property other than into a toilet or other device designed and intended to be used to ultimately deposit such human waste products into a septic or sanitary sewer system. (Cr. by Ord. 8247, 2-20-84)

Madison General Ordinances § 7.322 ANIMAL DEFECATION ON PUBLIC OR PRIVATE PROPERTY REGULATED.

7.322 - ANIMAL DEFECATION ON PUBLIC OR PRIVATE PROPERTY REGULATED. (1) No owner or keeper shall suffer or permit any animal to defecate upon any property other than that of animal owner or keeper without immediately causing such defecation to be removed therefrom and properly disposed of. Proper disposal of animal waste shall be limited to burial where lawfully permitted, bagging for disposal in the owner or keeper's waste receptacle or a waste receptacle designated for animal waste in a public park or park area, and flushing in the toilet. (2) No owner or keeper of any animals shall appear with such animal on any sidewalk, street, park or other public area or on any private property neither owned nor occupied by said person without the means of removal of any feces left by the animal. (3) No owner or caretaker of an animal shall permit such animal to urinate, defecate, or expel other bodily fluids onto an elevated balcony, porch or platform, if said balcony, porch or platform is located above property owned or rented by another person. (4) Owners or keepers of animals that are working in their official police capacity are exempt from this ordinance in situations where safety or professional duties would be compromised. (Rep. & Recr. by ORD-07-00115, 9-22-07) (5) Any person violating any provision of this ordinance may be subject to a forfeiture of not less than twenty-five dollars ($25) nor more than two hundred dollars ($200). (Sec. 7.322 Am. by Ord. 11,547, 3-14-96; Am. by ORD-18-00018, 2-16-18)

Madison General Ordinances § 7.361 COMPOSTING.

7.361 - COMPOSTING. (1) Purpose and Intent. The purpose of this section is to promote the recycling of yard wastes through composting, and to establish minimum standards for proper compost maintenance. (2) Definitions. Composting shall mean a controlled biological reduction of organic wastes to humus. Yard waste shall mean leaves, grass clippings, garden debris and brush. (3) Maintenance. All compost piles shall be maintained using approved composting procedures to comply with the following requirements: (a) All compost piles other than compost piles consisting solely of yard waste, excluding fruit, shall be enclosed in a free standing compost bin. Each compost bin shall be no larger in volume than one hundred twenty-five (125) cubic feet, and shall be no taller than five (5) feet. (b) All compost piles and 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 pile or bin shall be cause for Public Health Madison and Dane County to proceed under Section 7.05(4). (Am. by ORD-15-00009, 1-28-15) (c) All compost piles and bins shall be so maintained as to prevent unpleasant odors. Compost bins containing horse manure or fruits shall be kept covered, except when turning. All compost piles or bins shall be located not less than three feet from a property line or building. (d) No compost pile or bin shall be located in any yard except a rear yard. All piles or bins shall be placed between the rear building wall, excluding all portions of a building which are occupied seasonally, and the rear lot line extended to the side lot line. (e) On a reverse corner lot, no compost pile or bin shall be located less than ten (10) feet from the rear property line. (f) Subdivisions (d) and (e) shall not apply to a compost pile or bin located in a side yard substantially screened from view from the street and from the ground level of the adjacent residences by shrubs and other plantings or by fencing, provided that such plantings or fencing shall at all times exceed the height of the compost bin or pile by no less than one foot. (4) Ingredients. (a) No compost bin shall contain any of the following: 1. Lakeweeds; 2. Cooked food scraps, except coffee grounds and tea leaves; 3. Fish, meat or other animal products; 4. Manures other than horse manure; 5. Large items that will impede the composting process. (b) Permitted ingredients in a compost bin shall include: 1. Yard waste; 2. Raw vegetables and fruit scraps that are suitable for composting; 3. Horse manure; 4. Commercial compost additives. (5) Owner Responsibility. Every owner or operator shall be responsible for maintaining all property under their control in accordance with the requirements of this subsection. (6) Penalty. Any person violating Section 7.361 shall be subject to a forfeiture of not less than ten dollars ($10) or more than two hundred dollars ($200). Each day such violation continues shall be considered a separate offense. (Cr. by Ord. 9747, adopted 4-4-89)

Source: City of Madison, Wisconsin, Madison General Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/wi/madison/codes/code_of_ordinances?nodeId=COORMAWIVOICH1--10_CH7PUHEFetched: 11/1/2026