City of West Allis, WI
Milwaukee County
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Table of Contents
Table of Contents

4.01 Organization of the Police Department.

The Police Department of the City of West Allis shall consist of a Chief of Police and such other officers, employees and number of patrolmen, as shall be determined and prescribed from time to time by the Board of Fire and Police Commissioners.

4.02 Chief of Police.

(1) 
Appointment. See Section 2.18 of this Code.
(2) 
In Charge of the Police Department. The Chief of Police shall have command of the police force of the City under the supervision of the Board of Fire and Police Commissioners.
(3) 
To Keep the Peace. It shall be the duty of the Chief to cause the public peace to be preserved and see that all the laws of the state and ordinances of the City are enforced; and, whenever any violation thereof shall come to his knowledge, he shall cause the requisite complaint to be made and see that the evidence is procured for the successful prosecution of the offender or offenders. He shall cause to be made and keep a record of his proceedings, which he may deem necessary. He shall be responsible for the efficiency and general good conduct of the Department.
(4) 
May Appoint Special Police Officers. Whenever any emergency may warrant, the Chief, with the approval of the Board of Fire and Police Commissioners, shall have the authority to appoint as many additional police officers as shall, in his opinion, be necessary to properly police the City and enforce the ordinances of the City and the laws of the state. Such police officers shall be known as special police officers and shall continue in the employ of the City as such special police officers only during the existence of the emergency.
(5) 
Bail.
(a) 
Release of Arrested Persons. Whenever a person is arrested for violating a traffic regulation, whether imposed by statute or by local ordinance, the Chief or police officer in charge is authorized to receive at his office, from the accused, a deposit in money not to exceed the amount of the maximum penalty which may be imposed if the accused is found guilty. Thereupon, the accused may be released from arrest until the court having jurisdiction of the violation opens on the next succeeding day in which such court is in session or until such time as is fixed for the hearing of the case.
(b) 
Forfeiture of Bail. Any person violating this section may be fined not less than twenty-five dollars ($25.00) nor more than two hundred dollars ($200.00) for the first offense and, for the second and each subsequent conviction within one year thereafter, may be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00), or imprisoned not more than one year in County jail or both.
(c) 
City Not Liable. This subsection shall not be construed so as to make the City in any case liable for the whole or any part of any money deposited pursuant to this subsection.
(d) 
Chief and Policemen Not to Furnish Bail. The Chief, policemen and every person connected with the Police Department shall be incompetent to furnish bail for any person arrested; and, in no case shall become bail for any person under arrest.
(6) 
Shall Keep Records.
(a) 
Records Regarding Policemen. The Chief shall keep in his office a book in which shall be entered the nature of each policeman, his number and his place of residence, specifying the ward and street and the time of any removal from office or the occurring of a vacancy.
(b) 
Records of Arrests. The Chief shall also keep in his office a book in which shall be entered the true name, if known, and, if not known, a name under an alias of every person arrested by any policeman, with the date of arrest and with such other facts as he may deem proper and necessary.
(7) 
Report to Board of Fire and Police Commissioners. The Chief shall report to the Board of Fire and Police Commissioners at the end of each month, specifying the number of arrests made during such month, with the causes of arrest. He shall also give such other information as the Board may from time to time require.

4.03 Policemen.

(1) 
To Obey Orders of Chief. The members of the Police Department shall obey the orders of the Chief and shall report to him all violations of City ordinances and laws of the state.
(2) 
Duty to Make Arrests. The Chief and each policeman shall arrest, with or without process, and with reasonable diligence, take before the proper court, every person found in the City in a state of intoxication or engaged in any disturbance of the peace or violating any law of the state or ordinance of the City.
(3) 
To Report Defects in Sidewalks and Streets. The patrolmen on their respective beats shall immediately report all defective and dangerous streets, walks and places which shall come to their notice. Such reports shall be made to the Chief at the central station who shall forthwith enter the same in a register kept by him for that purpose and at once transmit the same to the office of the Public Works Department.
(4) 
To Report Injuries to Person. In all cases of accidental injury when the police patrol is called to remove the injured, it shall be the duty of the Police Department to supply the City Attorney, upon blanks to be furnished by the latter for that purpose, with the names and addresses of all witnesses and with data as to the nature, cause and circumstances of the accident.
(5) 
Badges and Insignia. The Chief and each policeman, when on duty, shall wear the badge or insignia of their office on the outside of the outermost garment, over the left breast, conspicuously displaying the same so that the entire surface thereof may be seen, except when caution may dictate that the same shall not be exposed.
(6) 
General Regulation. All members of the Police Department shall conform to the rules and regulations promulgated by the Board of Fire and Police Commissioners.

4.04 Hours of Labor, Rest Days, Overtime.

[Ord. O-2008-0019, 5/6/2008]
Unless otherwise specifically provided for in the Policies and Procedures of the City of West Allis, the Ordinances of the City of West Allis, and/or any applicable collective bargaining agreement in effect between the City and a bargaining unit, the hours of labor, rest days and overtime of all sworn officers of the Police Department shall be governed by and administered in accordance with applicable state and federal laws.

4.045 Sick Leave.

[Ord. O-2008-0019, 5/6/2008; Ord. O-2012-0046, 12/18/2012]
All sworn officers of the Police Department, not represented by a bargaining unit, may be granted sick leave under the provisions of Section 2.76(11) of the Revised Municipal Code and under such rules and regulations as may be prescribed by the Board of Police and Fire Commissioners. Nothing contained in this section shall be construed as otherwise limiting any authority of the Commission granted by Section 62.13 of the Wisconsin Statutes.

4.05 Clothing and Uniform Allowance.

[Ord. O-2008-0019, 5/6/2008]
Any clothing and uniform allowance for members of the Police Department not represented by a bargaining unit shall be as provided in the Salary Ordinance of the City of West Allis. Any clothing and uniform allowance for represented members of the Police Department shall be as provided in any applicable collective bargaining agreement in effect between the City and a bargaining unit.

4.08 (Reserved)

[Ord. O-2007-0036, 9/18/2007]

4.09 Police Pension Fund.

[Ord. O-2008-0019, 5/6/2008]
Sworn officers of the Police Department shall be enrolled in the State of Wisconsin Municipal Retirement System in accordance with Section 40.20 et seq., Wis. Stats.

4.10 Vacations.

[Ord. O-2008-0019, 5/6/2008]
(1) 
All sworn officers of the Police Department, not represented by a bargaining unit, shall be entitled to vacations as provided in Section 2.76(13) of the Revised Municipal Code, except the Board of Police and Fire Commissioners shall be substituted for the Civil Service Commission.
[Ord. O-2012-0046, 12/18/2012]
(2) 
Any days of assigned holiday or vacation may be suspended, in case of positive necessity caused by some sudden and serious emergency, which, in the judgment of the Chief, demands that such days not be given at such time.

4.20 Labor Agreements.

Where the terms and provisions of any collective bargaining agreement in effect between the City and a bargaining unit of sworn employees of the Police Department are in conflict with any of the terms and provisions of this Chapter, or of other portions of the Municipal Code, the terms and portions of such collective bargaining agreement shall supersede such other terms and provisions of this Chapter or of the Municipal Code.

4.21 Police Reserve Service.

(1) 
Established. A Reserve Police Service is hereby established to be a volunteer organization, the members thereof to be appointed by the Chief of Police and who shall serve without pay or remuneration for their services. The Police Reserve shall be separate and distinct from the regular Police Department of the City and shall be composed of active and associate members, the active members not to exceed one hundred (100) members. The Reserve Police shall not be deemed special police, within the meaning of Section 4.08 of the Revised Municipal Code, and nothing contained in such section shall be applicable to the Police Reserve.
(2) 
Chief of Police to Have Command. The Chief of Police shall have the authority to command, train, control and supervise the Police Reserve.
(3) 
Eligibility and Appointment. No person shall be eligible for or be deemed a member of the Police Reserve until he has been appointed and registered as such and his name enrolled upon a register of members to be kept by the Chief of Police. Effective November 30, 1979, no person shall become a member of the Police Reserve who is not a citizen of the United States and a resident of the City of West Allis and until he has taken an oath, subscribed to in writing, that he will observe and obey the Constitution of the United States, the laws of the State of Wisconsin and the ordinances of the City of West Allis. Such oath shall further provide that members will carry out the duties of a member of the Police Reserve service, as prescribed by the Chief of Police of this City, to the best of such member's ability. No person shall become a member of the Police Reserve who is not at least twenty-one (21) years of age, with a maximum age to be determined at the discretion of the Chief of Police.
(4) 
Duties of Members. The duties of each member shall be to carry out the commands and directions of the Chief of Police and to assist the members of the Police Department of this City in the enforcement of law and the maintenance of peace and order during City functions and during a period of extreme emergency arising from the imminence of or the existence of a war or major natural disaster. The Chief of Police may, by written order, establish rules and regulations to govern the training and use of the Police Reserve, to fix the specific duties of each of its members and to provide for the maintenance of discipline. He may change such orders from time to time as the needs of the Police Reserve, in his judgment, require. He may command members of the Police Reserve to follow the instructions or orders of the regular police officers in carrying out their duties. The Chief of Police may prescribe additional duties other than those enumerated herein to be performed by the Police Reserve.
(5) 
Identification. A badge, identification card, uniform or such other insignia or evidence of identity, as the Chief of Police may prescribe, shall be issued to each member who shall carry and display such evidence of identification at all times while serving as a reserve policeman. Such member shall surrender such evidence of identification upon termination of his membership.
(6) 
Termination of Membership. The membership of any reserve policeman may be terminated by the Chief of Police at any time where the interests of the organization require such action. The decision of the Chief of Police as to such termination shall be final. Any member may resign from the Police Reserve at any time by notifying the Chief of Police of such resignation in writing.
(7) 
Carrying of Weapons Prohibited. No Reserve policeman shall, while on duty or in any training exercise, carry or use any weapon or firearm. Reserve police officers and other groups may be allowed to use police facilities, including the shooting range and training area, with the approval and in the discretion of the Chief of Police.
(8) 
Arrest Authority Restricted. No member of the Police Reserve shall make an independent arrest of a person, except when immediately accompanied by a regular member of the police force of this City, who then and there commands the aid of such Police Reserve member to aid him in the enforcement of the law.
(9) 
Powers of Entry on Private Property Restricted. No member of the Police Reserve shall break into or otherwise forcibly enter upon any private property or enter the dwelling or habitation of another without the consent of the owner or occupant, except when immediately accompanied by a regular member of the police force of this City, who then and there requests the aid of such Police Reserve member to aid him in the enforcement of the law.
(10) 
Transportation in Police Vehicles Restricted. Members of the Police Reserve service may accompany regular members of the police force in police vehicles while the regular members are performing police duties, to include, but not limited to, patrolling, with the approval of and under conditions set by the Chief of Police.
(11) 
Members May Be Limited. The Chief of Police may, by order, diminish or expand the membership of the Police Reserve service, as the needs of the service require, within the limit hereinbefore established.
(12) 
False Impersonation. Any person not being a member, who wears, carries or displays a Police Reserve badge, uniform, identification card or insignia, or otherwise falsely represents himself to be a member of the Police Reserve service, shall, upon conviction thereof, forfeit a sum not to exceed two hundred dollars ($200), and in default of payment, be imprisoned not to exceed thirty (30) days.
(13) 
The Police Reserve service shall terminate and cease to exist upon repeal of Section 4.21 by the Common Council.
(14) 
Indemnification and Liability Insurance. The City shall indemnify a Police Reserve Officer acting within the scope of his/her official duties to the same extent as that provided to public officers and employees under Section 895.46 of the Wisconsin Statutes. The City shall secure liability insurance to cover the acts and omissions of the Police Reserve Officers acting within the scope of their duties.
[Ord. O-2014-0012, 2/18/2014]

4.22 Residence Requirement.

The Board of Police and Fire Commissioners of the City of West Allis may adopt rules and regulations governing residency requirements for all sworn officers of the Police and Fire Departments.

4.23 Disposition of Abandoned and Unclaimed Property by the Police Department.

[Ord. 6240, 8/6/1996]
(1) 
State statutes adopted. The provisions of secs. 170.07, 170.08, 170.09, 170.10 and 170.105 of the Wisconsin Statutes are hereby adopted, as if fully set forth herein. The Police Department shall administer lost chattels, as set forth in said statutes, except as otherwise provided herein.
(2) 
Dangerous Weapons. Dangerous weapons and ammunition shall be retained or disposed of according to the provisions of sec. 968.20 of the Wisconsin Statutes.
(3) 
Retention of Property for Use by the City. The Chief of Police is authorized to determine whether property found, collected or confiscated by City officials, employees or agents and other property, where the owner has not been found and the finder does not wish to claim the property, serves a Departmental or City purpose and is to be retained for use by the Department or City.
(4) 
Disposition of Property. All property not returned to the owner or finder or not retained by the Department or City shall be disposed of as follows:
(a) 
Property that has a market or a commercial value of two hundred dollars ($200), or more, may be sold on the basis of public auction, competitive bids, consignment or through acceptance of an offer to purchase.
(b) 
Property that has a market or commercial value of less than two hundred dollars ($200), may, in the discretion of the Chief or his designee, be destroyed, sold, as provided in subsection (a), or sold in bulk to a contractor on the basis of competitive bids.
(5) 
Records. The Chief or his designee shall maintain records of all property returned to an owner or finder, retained by the Department or City, or sold or disposed of under this section, for a period of two (2) years from the date of disposition of the property. The records shall contain the following:
(a) 
A description of the property;
(b) 
The name, address and phone number of the finder and a notation as to whether the finder is a private citizen or a public official, employee or agent;
(c) 
Proof of notice and appraisal as required by sec. 170.08 of the Wisconsin Statutes;
(d) 
The date the property was returned to the owner or finder or the date the property was otherwise disposed of;
(e) 
The method of disposition;
(f) 
The name and address of the person taking possession of the property.
(6) 
Deposit into City Account. All money found by a City official, employee or agent that is unclaimed and all proceeds of any sale of abandoned or unclaimed property shall be deposited by the City Treasurer into the general account of the City of West Allis.
(7) 
Costs to be Paid. The owner or finder shall pay the costs of publishing the notices and the costs of appraising the property prior to return of the property to the owner or finder.
(8) 
Stolen Property. Any unclaimed or abandoned property, which the Chief reasonably believes was obtained or lost through the commission of a crime, shall not be returned to the finder, but shall be treated as if it was found by a public official, employee or agent, except that the notice required by sec. 170.08 of the Wisconsin Statutes shall apply.
(9) 
Abandoned Vehicles. Abandoned vehicles shall be disposed of pursuant to sec. 342.40 of the Wisconsin Statutes.

4.24 Regulation of Alarm Systems.

[Ord. 6242, 9/3/1996; Ord. 6296, 3/18/1997]
(1) 
Definitions. The following definitions are applicable to this section:
(a) 
Alarm Company. A business of an individual, partnership, company or other entity engaged in selling, leasing, maintaining, monitoring, servicing, repairing, altering, replacing, moving or installing any alarm system or in causing any alarm system to be sold, leased, maintained, monitored, serviced, repaired, altered, replaced, moved or installed, in or on any building, structure or facility.
(b) 
Alarm System. An intrusion, burglar, hold-up or similar system, which is designed to summon or cause a response by the Police Department by transmitting a signal to a central alarm system or produces an audible or visual signal.
(c) 
Alarm User. The person, partnership, corporation or other entity of any kind in control of any building, structure or facility or portion thereof, wherein an alarm system is in operation.
(d) 
False Alarm. A signal from an alarm system resulting in a response by the Police Department when an emergency situation does not exist, regardless of the manner in which the Police Department is alerted.
(2) 
Permits.
(a) 
Permit Required. A permit shall be required of every alarm user on any premises within the City on the effective date of this ordinance or installed thereafter, except as set forth herein. Application for a permit may be made by the owner, lessee, alarm user or alarm company.
(b) 
Permit Fee. A permit fee of twenty-five dollars ($25.00) shall be paid at the time of the filing of an application for a permit.
(c) 
Time to Acquire. Alarm systems on premises within the City prior to the effective date of this ordinance shall obtain a permit or disconnect the alarm system within ninety (90) days from the effective date. Alarm systems installed after the effective date shall obtain a permit before the system is installed. Any change of occupant or change of alarm system shall require a new permit.
(3) 
Permit Application, Standards, Issuance and Appeal.
(a) 
Issuing Authority. The Chief of Police or his designee shall issue alarm system permits.
(b) 
Application. Application for all permits required under this section shall be filed with the Police Department upon a form prescribed for such application by the Chief. The application shall contain the following:
(i) 
The name, address and telephone number of the alarm user.
(ii) 
The name, address and telephone number of a person or firm which can be contacted in the event of an emergency or false alarm and is available upon request of the Police Department within one-half (1/2) hour to provide a key to the premises for which an alarm has been activated for the purposes of inspecting the premises or resetting the alarm system.
(iii) 
Identification of the alarm company.
(iv) 
Any other information deemed necessary by the Police Chief for the purpose of providing an appropriate response by the Police Department.
(v) 
An agreement to pay the fee set forth in section (7) and to permit the City of West Allis to place said fee on the alarm users tax roll if not paid.
(vi) 
In the event that the Police Department responds to an alarm at the premises covered by the alarm system, and neither the permit holder nor his authorized agent is present, the permit holder consents to a municipal breaking and entering of the premises to ascertain the cause of the alarm.
(c) 
Alarm System Standards. Alarm systems and components shall be listed/labeled by a recognized testing laboratory and installed in accordance with the manufacturers installation instructions and in accordance with the National Fire Protection Association Chapter 70, the National Electrical Code, as amended by State of Wisconsin Administrative Code, Department of Commerce Chapter 16. Recognized testing laboratories are, but not limited to, Underwriters Laboratories (UL), Inchcape Testing Services (ETL), Canadian Standards Association (CSA) and Factory Mutual Research Corporation (FM).
(4) 
Prohibitions.
(a) 
Alarm System Permits. No alarm user shall install, use or possess an operative alarm system without having a permit as required by this section.
(b) 
Audible Alarms. No person, firm, corporation or other entity shall use or install an alarm system which upon activation shall emit an audible alarm, unless such system shall automatically shut off within fifteen (15) minutes after being activated. This section shall apply to vehicle and other mobile alarm systems, in addition to those installed in a building.
(c) 
Automatically Activated Telephone Dialer. No person, firm, corporation or other entity shall use or cause to be used, any telephone or electronic device or attachment that automatically selects the public telephone trunk line of the Police Department which reproduces a prerecorded message to report a burglary or other emergency. Any system in operation, which is in violation of this subsection, shall be modified so that it is no longer in violation or shall be disconnected no later than ninety (90) days following the enactment of this ordinance.
(5) 
Duties of Alarm User and Alarm Company. Where an alarm system is connected to an alarm company that notifies the Police Department of a signal from the alarm system, the following shall apply:
(a) 
The alarm company shall maintain a list of keyholders for each alarm system, together with current telephone numbers for said keyholders.
(b) 
The alarm company shall, after notifying the Police Department of the alarm, attempt to notify the keyholders for the alarm system giving the alarm.
(c) 
The alarm company shall, within one-half (1/2) hour of notifying the Police Department of the alarm, inform the Police Department of whether it was successful in contacting a keyholder and, if so, the approximate arrival time of the keyholder.
(d) 
The alarm user shall respond or cause a keyholder to respond to an alarm within one-half (1/2) hour of the alarm being called in to the Police Department and terminate the alarm signal.
(e) 
If an alarm system also gives a visual or audible signal that can be seen or heard from the exterior of the building, and the owner fails to respond or cause a response as required in subsection (d), the alarm company shall respond within thirty (30) minutes after being so notified by the Police Department, and deactivate the signal. This provision shall only apply where the device giving the signal is accessible from the exterior of the building or where the alarm company has a key to the premises.
(6) 
False Alarms.
(a) 
No person owning, using or possessing an alarm system shall cause or permit the giving of a false alarm, whether intentional, accidental or otherwise.
(b) 
No person shall intentionally cause the activation of an alarm system knowing that no emergency exists.
(c) 
Fee for false alarm response. In the event that the Police Department responds to a false alarm, a fee of fifty dollars ($50.00) shall be imposed upon the alarm user for the 4th, 5th, and 6th false alarm; a fee of one hundred dollars ($100.00) shall be imposed for each subsequent false alarm. The fees set forth herein shall apply to false alarms occurring within a calendar year. Any fees payable to the City of West Allis which are delinquent may be assessed against the property involved as a special charge for current service, without notice, pursuant to sec. 66.60(16) of the Wisconsin Statutes.
(d) 
Penalties. In addition to fees imposed in subsection (c), any person in violation of subsection (a) is subject to a three hundred dollar ($300.00) forfeiture, plus court costs, for the 8th and each subsequent false alarm within a calendar year.
(7) 
Exemptions. This section shall not apply to the following:
(a) 
An alarm system which gives a signal solely within the interior of the building in which it is located.
(b) 
Alarm systems which are used by the City of West Allis.
(8) 
Penalty. Unless a different penalty is set forth herein, any person, firm, corporation or other entity, which violates any of the provisions of this section, shall forfeit not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each violation, together with the costs of prosecution, and in default of payment of such forfeitures and costs, the defendant's operating privileges shall be suspended pursuant to secs. 343.30 and 345.47 of the Wisconsin Statutes, or by imprisonment in the Milwaukee County House of Correction until payment of the forfeiture and costs, but not in excess of the number of days set forth in sec. 800.095(4) of the Wisconsin Statutes. Each and every day during which a violation continues constitutes a separate offense, unless a different time is set forth herein.