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File #: 130785    Version:
Type: Ordinance Status: Placed On File
File created: 9/24/2013 In control: PUBLIC SAFETY COMMITTEE
On agenda: Final action: 3/29/2016
Effective date:    
Title: A substitute ordinance relating to the discharge of offensive or hazardous substances.
Sponsors: ALD. WITKOWSKI
Indexes: AIR POLLUTION
Attachments: 1. Hearing Notice List
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
3/29/20161 COMMON COUNCIL PLACED ON FILEPass14:0 Action details Meeting details Not available
3/17/20161 PUBLIC SAFETY COMMITTEE RECOMMENDED FOR PLACING ON FILEPass3:0 Action details Meeting details Not available
10/3/20130 PUBLIC SAFETY COMMITTEE SUBSTITUTED

Minutes note: Appearing: Richard Withers - LRB Ald. Witkowksi sponsor Ald. Puente moved proposed Sub A accept into file
Pass5:0 Action details Meeting details Video Video
10/3/20130 PUBLIC SAFETY COMMITTEE HELD TO CALL OF THE CHAIRPass5:0 Action details Meeting details Not available
9/26/20130 PUBLIC SAFETY COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
9/24/20130 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available

Number

130785

Version

SUBSTITUTE 1

Reference

 

Sponsor

ALD. WITKOWSKI

Title

A substitute ordinance relating to the discharge of offensive or hazardous substances.

Sections

80-6.1  rc

Analysis

This ordinance clarifies that the discharge of offensive or hazardous substances includes the discharge of smoke in addition to fumes, dust, vapors, mist and other defined hazardous substances.

 

The ordinance provides a process for an individual or individuals to seek relief from the discharge of an offensive or hazardous substance by filing a complaint with the commissioner. “Commissioner” is defined to mean “the commissioner of health, the commissioner of neighborhood services or any other city official to whom nuisance abatement functions have been delegated pursuant to a memorandum of understanding.”

 

The ordinance provides that, upon receiving the complaint, the commissioner shall notify the premises owner or person responsible for the offensive or hazardous discharge, in writing, of the alleged violation and provisions of the code that apply.

 

If the complainants subsequently observe the discharge of offensive or hazardous substances, they may submit a written petition to the commissioner who shall issue an appropriate citation and refer the citation to the city attorney for commencement of prosecution to obtain compliance.

 

Finally, the ordinance requires that the written petition contain the:

 

1. Name and address of complainant.

2. Description of the discharge of the offensive or hazardous substance and the location from which the discharge was made together with the name of the person responsible for the discharge, if known.

3. Dates and times violations were noted.

4. Date reported to commissioner.

5. Statement that petitioners will be willing to sign complaint and testify in court.

 

The forfeiture provided for violation of the ordinance remains unchanged. Violation is subject to Class E health-related violations under s. 61-11 which provides a fine of not less than $50 nor more than $500.

Body

Whereas, The common council finds that the products of open burning, including smoke, vapors and fumes, may, under a variety of conditions that include the type of substance or substances burned, the volume and duration of burning, atmospheric conditions and proximity to persons potentially affected by the burning, constitute a hazard to the health or safety of individuals which can be ameliorated and abated by promptly extinguishing the open burning; and

 

Whereas, The failure of a person responsible for, or in control of, open burning to extinguish the open burning upon notice that the products of open burning adversely affect the health or safety of a person without that person’s consent constitutes a breach of the peace; now, therefore

 

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

 

Part 1. Section 80-6.1 of the code is repealed and recreated to read:

 

80-6.1. Discharge of Offensive or Hazardous Substances.  1. Any industry, factory, shop, yard or premises which discharges, as defined in s. 236-41-1-a, any dust, lint, fumes, particles, vapors, smoke, mist, waste or hazardous substance, as defined in s. 236-41-1-b, or any other matter which is dangerous, or which threatens, impairs or affects the public health, is declared a public nuisance.

 

2. Any adult person alone or together with other adults may seek relief from the discharge of an offensive or hazardous substance under this section by a complaint to the commissioner setting forth the specific date and approximate time the discharge was observed. The commissioner may authorize appropriate officers or employees of the department of neighborhood services, health department or police department to receive complaints on his or her behalf. The commissioner shall notify the premises owner or person responsible for the discharge, in writing, of the alleged violation and provisions of this section and any other applicable section. If the complainants subsequently observe the discharge of offensive or hazardous substances, they may submit a written petition to the commissioner who shall issue an appropriate citation and refer the citation to the city attorney for commencement of prosecution to obtain compliance with this section and any other applicable ordinance. The written petition shall contain:

 

a. Name and address of complainant.

b. Description of the discharge of the offensive or hazardous substance and the location from which the discharge was made together with the name of the person responsible for the discharge, if known

c. Dates and times violations were noted.

d. Date reported to commissioner.

e. Statement that petitioners will be willing to sign complaint and testify in court.

LRB

APPROVED AS TO FORM

 

 

____________________________

Legislative Reference Bureau

Date:  ______________________

Attorney

IT IS OUR OPINION THAT THE ORDINANCE

IS LEGAL AND ENFORCEABLE

 

 

____________________________

Office of the City Attorney

Date:  ______________________

 

Requestor

 

Drafter

LRB149520-2.0

Richard L. Withers

10/01/2013