City of Milwaukee - File #: 230817

• File #: 230817
• Version: 1
• Type: Ordinance
• Status: Passed
• File created: 9/19/2023
• In control: PUBLIC SAFETY AND HEALTH COMMITTEE
• Final action: 10/31/2023
• Effective date: 11/18/2023
• Title: A substitute ordinance relating to nuisance odor regulations.
• Sponsors: ALD. SPIKER
• Indexes: NUISANCES

Date	Ver.	Action By	Action	Result	Tally
11/17/2023	1	CITY CLERK	PUBLISHED
11/9/2023	1	MAYOR	SIGNED
10/31/2023	1	COMMON COUNCIL	PASSED	Pass	15:0
10/19/2023	0	PUBLIC SAFETY AND HEALTH COMMITTEE	SUBSTITUTED; Minutes note: Appearing: Erica Roberts DNS ACA Michael Radivich	Pass	4:0
10/19/2023	1	PUBLIC SAFETY AND HEALTH COMMITTEE	RECOMMENDED FOR PASSAGE	Pass	4:0
10/17/2023	0	PUBLIC SAFETY AND HEALTH COMMITTEE	HEARING NOTICES SENT
9/19/2023	0	COMMON COUNCIL	ASSIGNED TO

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 Section 80-6 of the code is repealed and recreated to read: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