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File #: 230817    Version:
Type: Ordinance Status: Passed
File created: 9/19/2023 In control: PUBLIC SAFETY AND HEALTH COMMITTEE
On agenda: Final action: 10/31/2023
Effective date: 11/18/2023    
Title: A substitute ordinance relating to nuisance odor regulations.
Sponsors: ALD. SPIKER
Indexes: NUISANCES
Attachments: 1. Original signed by LRB.pdf, 2. CA Approval, 3. Notice published 11/17/2023

Number

230817

Version

SUBSTITUTE 1

Reference

 

Sponsor

ALD. SPIKER

Title

A substitute ordinance relating to nuisance odor regulations.

Section

80-6                                          rc

Analysis

This ordinance provides that, in addition to initiation by direct verification of an odor nuisance violation by a health department or department of neighborhood services inspector, prosecution for an odor nuisance violation may be initiated by a member of the general public submitting a written complaint to the health department or department of neighborhood services.  The ordinance also stipulates that the complaint shall include relevant information relating to the date, time and place of the alleged odor nuisance, the nature of the odor nuisance, and shall identify the person or persons responsible for or allowing the odor, or alternatively, shall include information leading to the identification of the person or persons by the health department or department of neighborhood services. Information included in the complaint shall also identify one or more persons who experienced or were affected by the odor, at least one of whom is an adult available to testify in court.

Body

 

The Mayor and Common Council of the City of Milwaukee do ordain as follows:

 

Part 1.  Section 80-6 of the code is repealed and recreated to read:

 

80-6. Offensive Odors from Factories or Shops.  1.  FINDING.  Any gas plant, factory, yard, store house, building or structure of any kind, tallow, chandler's shop, soap factory, tannery, distillery, livery stable, cattle yard, shed, barn, packing house, slaughter house, rendering establishment, coal pile, rubbish accumulation, stagnant pool, sink hole or other thing which shall become noxious, foul or offensive, or which shall emit foul or offensive odors, gases, effluvia or stenches, or which shall be dangerous or prejudicial to the public health, is declared to be a public nuisance.

 

2.  ENFORCEMENT PROCEDURE.  a. The commissioner of health or commissioner of neighborhood services may commence prosecution for an odor nuisance violation upon verification by a health department or department of neighborhood services inspector of the existence of a nuisance described in sub. 1.

 

b.  As an alternative to commencement of prosecution based upon direct verification by a health department or department of neighborhood services inspector, the commissioner of health or commissioner of neighborhood services may commence prosecution upon receipt of a written complaint submitted by a member of the public that complies with the requirements of par. c and which alleges the existence of a nuisance described in sub. 1.

 

c.  A complaint by a member of the public, sufficient to authorize the commencement of an odor nuisance prosecution in the absence of direct verification of the odor by a health department or department of neighborhood services inspector shall include relevant information relating to the date, time and place of the alleged odor nuisance, the nature of the odor nuisance, and shall identify the person or persons responsible for or allowing the odor, or alternatively, shall include information leading to the identification of the person or persons by the health department or department of neighborhood services. Information included in the complaint shall also identify one or more persons who experienced or were affected by the odor, at least one of whom is an adult available to testify in court.

 

d.  Testimony required. No person shall be convicted under this procedure except upon testimony of at least one affected adult person.

LRB

APPROVED AS TO FORM

K. Broadnax

____________________________

Legislative Reference Bureau

Date:  10.03.2023

Attorney

IT IS OUR OPINION THAT THE ORDINANCE

IS LEGAL AND ENFORCEABLE

 

 

____________________________

Office of the City Attorney

Date:  ______________________

Requestor

 

Drafter

LRB179349-2

Jeff Osterman

10/03/2023