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

6.01 Public Safety.

(1) 
Shooting of Firearms. No person shall fire or discharge any cannon, gun, fowling piece or firearm of any description containing powder or other explosive or combustible material within the limits of the City, except upon special permit granted by the Chief of Police, or except in a shooting gallery, gun range or place to practice target shooting licensed by the City.
(2) 
Air Rifles and Sling Shots.
[Ord. O-2014-0016, 3/4/2014]
(a) 
Use Prohibited. No person shall shoot, discharge or fire an air rifle, air gun, sling shot, bow and arrow or crossbow, or any similar device within the City subject to the exception herein or in Subsection (3).
(b) 
Exceptions. Nothing in this section shall prevent the discharge of air rifles, air guns, bows and arrows or crossbows in private ranges or galleries constructed and maintained as required by the Department of Building Inspections and Neighborhood Services, so as not to endanger life, limb or property.
(c) 
Penalty. In addition to payment of the penalty prescribed in Section 6.04, each violator shall forfeit the air rifle, air gun, sling shot, bow and arrow or crossbow, or other similar device used by the violator, which device shall be confiscated.
(3) 
Hunting.
[Ord. O-2014-0016, 3/4/2014]
(a) 
Use Regulated.
1. 
The provisions of Section 6.01(2)(a) notwithstanding, a person may hunt with a bow and arrow or crossbow as provided herein. No person shall hunt with a bow and arrow or crossbow within one hundred (100) yards of a building located on another person's land. This restriction shall not apply if the person who owns the land on which the building is located allows the hunter to hunt within the specified distance of the building. All other types of hunting shall be prohibited.
(b) 
Any person hunting within the City with a bow and arrow or crossbow shall discharge the arrow or bolt from the respective weapon toward the ground. As used in this subsection, "toward the ground" means: from a higher place or level to a lower place or level that exceeds the normal ballistic drop of the projectile fired from the device.
(c) 
Hunting of any type shall be prohibited on all land owned or leased by the City pursuant to the authority of Section 29.038(2), Wisconsin Statutes.
(d) 
Penalty. In addition to payment of the penalty prescribed in Section 6.04, each violator shall forfeit the bow and arrow, crossbow, or other weapon used to hunt in violation of this Subsection (3) and such device shall be confiscated.
(e) 
The prohibition on hunting set forth in this Subsection (3) shall not apply to a law enforcement officer acting in his/her official capacity, or a person authorized by such law enforcement officer who has been authorized to trap, hunt, or otherwise dispose of nuisance wild animals.
(4) 
Removal of Locks or Doors from Ice Boxes, etc. No person, firm or corporation shall leave outside of any building or dwelling, in a place accessible to children, any abandoned, unattended or discarded ice box, refrigerator, walk-in cooler or other container of any kind, which has an air tight door, without first removing the door from the said ice box, refrigerator, walk-in cooler or other container.

6.015 Control Of Abandoned Motor Vehicles.

[Ord. 6302, 4/1/1977; Ord. 6310, 5/6/1977; Ord. 6346, 11/17/1997; Ord. 6585, 9/18/2001; Ord. O-2005-0007, 1/18/2005]
(1) 
Definitions as used in this section:
(a) 
"Vehicle" shall mean any device, as defined in sec. 340.01(74) of the Wisconsin Statutes, and includes any motor vehicle, trailer, semi-trailer, mobile home or snowmobile.
(b) 
"Abandoned vehicle" shall mean and include any vehicle that has been allowed to remain standing in the City on any alley, street, highway, public place or private property without the owner's permission, for more than twenty-four (24) hours; or any partially dismantled, damaged, inoperable, unlicensed, unregistered, wrecked or junked vehicle which is stored outside a building on private property; or any vehicle, with a condition that renders it favorable to the harborage of rodents or insects and is stored outside a building on private property; or any vehicle that is in such condition or parked in such a way to render such vehicle a health and safety hazard; or any vehicle standing on any alley, street, highway, or public place in the City whose registered owner has been issued more than ten (10) City of West Allis parking citations which remain outstanding for that vehicle; or any vehicle which is parked or stored on private property on unpaved surfaces which are not determined to be nonconforming uses under the Zoning Code. A vehicle shall not be considered an abandoned vehicle when it is out of ordinary public view.
[Ord. O-2007-0032, 9/4/2007]
(c) 
"Inoperable" shall mean and include any vehicle that is incapable of being propelled under its own power including, but not limited to, a vehicle meeting any of the following criteria:
1. 
Is missing an engine.
2. 
Is missing a battery.
3. 
Is missing a transmission.
4. 
Is missing a wheel.
5. 
Is elevated on blocks or other objects.
6. 
Is missing a tire or has a deflated tire.
(d) 
"Partially dismantled" shall mean, but is not limited to, a vehicle meeting any of the following criteria:
1. 
Is missing a door, fender, or hood.
2. 
Is missing a windshield or window or has a broken windshield or window.
(e) 
"Junked" shall mean any inoperable vehicle that has no resale value except as a source of parts or scrap.
(f) 
"Damaged" shall mean any vehicle that is impaired in a manner that would adversely affect its operation.
(2) 
Public Nuisance. Any vehicle allowed to be parked or remain standing in violation of this section is hereby declared to be a public nuisance and may be abated as hereinafter provided.
(3) 
Prohibition. No person owning or having custody of any abandoned vehicle as defined in Subsection (1)(b) shall allow such vehicle to remain on any public or private property within the City.
(4) 
Exemptions. This section shall not apply to any vehicle in an enclosed building; a vehicle on the premises of a business enterprise operated in a lawful place and manner when necessary to the operation of such business enterprise; a vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the City or, a vehicle out of the ordinary public view.
(5) 
Removal, Impounding and Junking.
(a) 
The Chief of Police or any member of his or her Department designated by him or her is hereby authorized to remove or have removed any vehicle left on any highway or public property within the City which reasonably appears to be in violation of Subsection (2) above, or to be lost, stolen or unclaimed. Such vehicles shall be impounded, as hereinafter provided, until lawfully claimed or disposed of in accordance with sec. 342.40 of the Wisconsin Statutes.
(b) 
Any vehicle parked on highways in violation of this section which poses a hazard to other vehicles or pedestrians may be towed, pursuant to sec. 349.13(3) of the Wisconsin Statutes.
(c) 
Any vehicle parked on a highway or other public property in violation of this section that does not fall under Subsection (5)(b) shall have placed upon it a placard or other similar emblem that warns the vehicle owner that the vehicle will be towed within seventy-two (72) hours if not removed. Said placard shall be at least five (5) inches by seven (7) inches, bright orange in color and contain a warning that the vehicle will be towed. An officer or building inspector shall also send a letter to the registered owner's last known address informing the owner that the vehicle is in violation, has been placarded and must be removed by a date and time certain that coincides with the date and time on the placard or the vehicle will be towed at the owner's expense.
(d) 
For vehicles parked on private property in violation of this section, an officer or building inspector shall mail or cause to be mailed, by first class mail, a notice of condemnation to the owner of the property on which the vehicle is located and, if the vehicle is owned by someone other than the property owner, or if the vehicle's last registered owner has been issued more than ten (10) City of West Allis parking citations which remain outstanding for that vehicle and said vehicle is left standing on any alley, street, highway, or public place, to the last registered owner of the vehicle at his or her last known address. The notice shall include a description of the vehicle(s) and premise(s), an explanation for the issuance, a statement concerning the time period by which the vehicle(s) must be removed or its condition(s) corrected, a statement of the consequences if the City removes the vehicle(s), an explanation of the right to petition the Municipal Court for a hearing within seven (7) days, and a statement that any vehicle owner or property owner who does not file a petition for a hearing waives the right to assert that the vehicle did not meet the criteria for a vehicle that is subject to removal under this section and informing the property and or registered owner that the vehicle must be brought into compliance within seven (7) days. Additionally, the officer or building inspector shall place a placard on the vehicle(s) that bears the word "Condemned" and post a copy of the placard in a conspicuous place on the vehicle at any time after the officer or building inspector declares the vehicle(s) a nuisance.
[Ord. O-2007-0032, 9/4/2007]
1. 
A property owner or motor vehicle owner may request a hearing before the Municipal Court within seven (7) days of receiving the mailed condemnation notice. Any request shall be written and shall explain why the vehicle should not be removed from the premises.
2. 
Upon receipt of the hearing request, the Municipal Court shall halt the condemnation of the vehicle owner, pending the decision of the Municipal Court.
3. 
If the Municipal Court upholds the condemnation of the vehicle, the property owner or vehicle owner may appeal the decision within twenty (20) days to the circuit court.
4. 
If a property owner or vehicle owner does not file a timely written request for a hearing with the Municipal Court, he or she waives the right to assert that the vehicle did not meet the criteria for a vehicle that is subject to removal under this section.
Within seven (7) days of the date the vehicle was placarded, if the owner has not filed a petition, removed the vehicle or corrected its condition, an officer or building inspector may have the vehicle removed and impounded or destroyed. If the violation is not timely corrected, the officer or building inspector may issue a citation to the vehicle owner, the property owner, or property occupant alleging a violation of this section from the date the vehicle was to have been brought into compliance after notice.
(6) 
Disposal of Unclaimed or Abandoned Vehicles.
(a) 
Any vehicle impounded under this section shall be disposed of in accordance with the provisions of sec. 342.40 of the Wisconsin Statutes.
(b) 
If the Chief of Police determines that the cost and towing charges for the impoundment would exceed the value of the vehicle, the vehicle may be junked or sold to a licensed salvage dealer prior to expiration of the impoundment period, upon determination that the vehicle is not stolen or otherwise wanted for evidence or other reason.
(7) 
Costs. The owner of any abandoned, partially dismantled, damaged, inoperable, wrecked, junked or discarded motor vehicle and, in the case of any such vehicle parked on private property in violation of this section, the owner or occupant of the property is responsible for all costs of impounding and disposing of the vehicle. Such costs shall be in addition to the forfeiture provided for violation of this section and may be charged against the property owner and assessed as other special taxes are upon notification by the municipal court to the City treasurer.
(8) 
Penalties. Any person violating this section shall forfeit not less than twenty-five dollars ($25) nor more than five hundred dollars ($500), together with the costs of prosecution and, in default of payment thereof, shall be imprisoned in the County Jail or House of Correction of Milwaukee County until such forfeitures and costs are paid, such imprisonment shall not exceed the number of days set forth in sec. 800.095(4) of the Wisconsin Statutes. Each day a violation of this section continues shall constitute a separate offense.

6.017 Abandoned Shopping Carts.

[Ord. O-2010-0001, 1/5/2010]
(1) 
Purpose. The Common Council finds that abandoned shopping carts in the City create potential hazards to aesthetics and the safety of the public, interfere with pedestrian and vehicular traffic, and create a public nuisance. The accumulation of abandoned carts, sometimes wrecked and/or dismantled, on public and private property tends to create conditions that reduce property values, promote blight and deterioration and result in a public nuisance.
(2) 
Definitions.
(a) 
"Abandoned Cart" means any cart that has been removed from the owner's business premises or parking area of the retail establishment on which the cart owner's business premises are located; or any unattended cart that is located more than 100 feet from the owner's business entrance and not contained within a cart corral on the owner's property. The owner's business premises may include a multi-store shopping center with shared areas of parking and public access.
(b) 
"Cart" means a basket that is mounted on wheels or a similar device generally used in a retail or commercial establishment by a customer for the purpose of transporting goods of any kind.
(3) 
Requirements of Cart Owners.
(a) 
Every owner of carts shall securely mark or cause the cart to be marked and identified conspicuously with the name, address, and telephone number of the owner. Every cart shall be marked within three (3) months of the publication date of this ordinance.
(b) 
All owners shall ensure that all carts are secured from public access after close of business hours.
(c) 
Within three (3) months of passage of this ordinance, each owner of shopping carts shall notify the Police Chief of its email address.
(d) 
Every owner of shopping carts shall, upon being given notice as set forth in Subsection (5), pick up or cause to be picked up all carts belonging to the owner being held by the City. The owner of said carts shall first pay the fee set forth in Subsection (6) for collection and storage of each cart.
(e) 
When picking up a cart from the City storage facility, the owner shall supply proof that it is the owner of the cart. The presence of the markings set forth in Subsection (3)(a) shall be prima facie evidence of ownership.
(4) 
Collection of Carts by City. Any member of the Police Department or Department of Public Works may take possession of any abandoned cart. Each abandoned cart that is collected by a City employee shall be transported to a facility designated by the Director of Public Works. The date, time and location of where the cart was located and the owner's name shall be logged by the collecting employee.
(5) 
Notice. Within twenty-four (24) hours of collection, the City agency collecting or storing the cart shall notify the cart's owner, by email and within three (3) business days or as soon thereafter as reasonably possible by regular mail, of the fact that the cart was collected by the City and is in storage. The notice shall also inform the owner of the requirement that the fees set forth in Subsection (6) must be paid prior to the City returning the cart to the owner and where the cart can be collected and at what times.
(6) 
Collection and Storage Fees. Prior to a cart being returned to its owner, the owner shall pay the following fees for each cart:
(a) 
Collection fee: ($15.), plus:
[1] 
Storage for one (1) to fifteen (15) days: ($10.).
[2] 
Storage for sixteen (16) to thirty (30) days: ($20.).
[3] 
Storage for thirty-one (31) to sixty (60) days: ($30.).
[4] 
Storage for sixty-one (61) to ninety (90) days: ($40.).
(7) 
Disposition of Carts Held in Excess of 90 Days. Any cart not claimed by its owner within 90 days after notification shall be deemed the property of the City pursuant to sec. 170.105 of the Wisconsin Statutes. The carts may be disposed of pursuant to Section 2.683 of the West Allis Revised Municipal Code or if no reasonable bid is obtained, the carts may be destroyed. "Reasonable bid," as used in this subsection, shall mean at least the sum of the collection fee and the maximum storage fee set forth in Subsection (6).

6.02 Public Offenses.

(1) 
Definitions. For the purpose of this section, the definitions of words and phrases contained in Chapter 161 and in Chapters 939 to 948, 951 and sec. 990.01 of the Wisconsin Statutes, as the same may be from time to time amended, are hereby adopted and by reference made a part hereof with the same force and effect as if fully set forth herein.
(2) 
Interpretation. In the following enumerated sections and subsections of the Wisconsin Statutes:
(a) 
Whenever the word "crime" is used, it shall be taken to mean "offense."
(b) 
Whenever the phrase "criminal intent" is used, it shall be taken to mean "intent."
(c) 
Whenever the term "court" is used, it shall be taken to mean West Allis Municipal Court.
(d) 
Whenever the phrase "District Attorney" is used, it shall mean City Attorney.
(3) 
State Laws Adopted.
(a) 
The following Chapters, sections and subsections of the Wisconsin Statutes, as may be amended from time to time, describing, defining and prohibiting conduct, are hereby adopted by reference and made a part of this Section as if fully set forth herein:
[Ord. 6249, 9/3/1996; Ord. O-2005-0039, 8/2/2005]
Chapters 941-948
Sec. 940.24
Chapter 951
Sec. 961.41
Sec. 146.70
Sec. 961.43
Sec. 940.19
Sec. 961.571-161-576
Sec. 940.20
(b) 
Penalties. Every person, firm or corporation convicted of a violation of this section shall, for each offense, be punished by a forfeiture not to exceed the fine or forfeiture imposed for violations of the comparable state statute, including any variations or increases for subsequent offenses; provided, however, that prosecution under this Code may not provide for the imposition of a fine or of imprisonment, except for failure to pay any forfeiture imposed. In addition to such forfeiture, the costs of prosecution shall be imposed; and, in default of payment of said forfeiture and costs, punishment shall be suspension of the defendant's operating privilege, pursuant to secs. 343.30 and 345.47 of the Wisconsin Statutes, or by imprisonment in the Milwaukee County House of Correction or Milwaukee County Jail until payment of the forfeiture and costs, but not in excess of the number of days, pursuant to sec. 800.095(4) of the Wisconsin Statutes. Each and every day during which a violation continues constitutes a separate offense.
(c) 
Marijuana Offenses. Subject to the exceptions set forth in Section 961.41(3g)(intro.) and pursuant to the authority of Section 66.0107(1)(bm) of the Wisconsin Statutes, an officer may issue a citation for possession of marijuana. A police officer may also issue a citation for possession of more than twenty-five (25) grams of marijuana or possession of any amount of marijuana following a conviction in this state for possession of marijuana, provided that the district attorney dismissed charges for the same conduct or declined to prosecute the case.
[Ord. O-2014-0035, 6/3/2014]
(d) 
Other Controlled Substance Offenses. Pursuant to the authority in Section 66.0107(1)(bn) of the Wisconsin Statutes, a police officer may issue a citation for possession of a controlled substance specified in Section 961.14(tb) to (ty), provided that a person previously convicted of possessing such controlled substances in this state may not be prosecuted under this provision for the same conduct unless the district attorney dismisses the charges or declines to prosecute.
[Ord. O-2014-0035, 6/3/2014]
(4) 
Solicitation. Whoever, with intent that an offense be committed, advises another to commit that offense under circumstances which indicate unequivocally that he has such intent, shall forfeit an amount not to exceed the maximum provided for the completed offense.
(5) 
Conspiracy. Whoever, with intent that an offense under this section be committed, agrees or combines with another for the purpose of committing that offense, shall, if one or more of the parties to the conspiracy does an act to effect its object, forfeit an amount not to exceed the maximum provided for the completed offense.
(6) 
Attempt.
(a) 
Whoever attempts to commit an offense under this section shall forfeit an amount not to exceed one-half (1/2) the maximum penalty for the completed offense.
(b) 
An attempt to commit an offense requires that the actor have an intent to perform acts and attain a result which, if accomplished, would constitute such offense and that he does acts toward the commission of the offense which demonstrates, under all the circumstances, that he formed that intent and would commit the offense, except for the intervention of another person or some other extraneous factor.
(7) 
Gambling Devices. Any police officer may seize anything devised solely for gambling or found in actual use for gambling and any police officer may destroy or cause the destruction of any such things after a judicial determination that it was used solely for gambling or found in actual use for gambling.
(8) 
Interference with Fire Department or Equipment. No person shall willfully offer any hindrance or resistance to firemen in the discharge of their duties, or willfully injure in any manner any fire hose, fire engine or fire apparatus in use in the City, or shall operate or drive any vehicle over any fire hose which may be laid in the streets or at any other place in the City.
(9) 
Loitering.
(a) 
Loitering or Prowling. No person shall loiter or prowl in a place, at a time or in a manner not usual for law abiding individuals, under circumstances that warrant alarm for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the actor takes flight upon appearance of a police or peace officer, refuses to identify himself or manifestly endeavors to conceal himself or any object. Unless flight by the actor or other circumstances makes it impracticable, a police or peace officer shall, prior to any arrest for an offense under this section, afford the actor an opportunity to dispel any alarm which would otherwise be warranted, by requesting him to identify himself and explain his presence and conduct. No person shall be convicted of an offense under this subsection if the police or peace officer did not comply with the preceding sentence, or if it appears at trial that the explanation given by the actor was true and, if believed by the police or peace officer at the time, would have dispelled the alarm.
(b) 
Loitering in Public Places. It shall be unlawful for any person, not in official attendance or on official business, to enter into, congregate, loiter, wander, stroll, stand or play in the following public places in the City between the hours of 10:00 p.m. and sunrise.
[Ord. O-2010-0031, 9/7/2010; Ord. O-2010-0044]
1. 
School buildings or playground areas adjacent thereto; provided, further, that this prohibition shall also apply to such places between the hours of 8:00 a.m. and 4:00 p.m. on official school days.
2. 
The courtyard located on the north side of the City Hall.
3. 
Veterans Memorial Park (S. 70 Street and W. National Avenue).
4. 
Washington Playground (S. 61 Street and W. Lapham Street).
5. 
Kopperud Park (S. 76 Street and W. Pierce Street.).
6. 
Veterans Housing Park (W. Harrison Avenue and S. 72 Street).
7. 
Rogers Park (S. 75 Street and W. Rogers Street.).
8. 
Rogers Playground (S. 56 Street and W. Rogers Street.).
9. 
Garfield School Park (S. 84 Street and W. National Avenue.).
10. 
Honey Creek Park and Settlement (S. 84 Street and W. National Avenue).
11. 
Joyce Radtke Park (8320 W. National Avenue).
12. 
Klentz Park (2601 S. 72 Street.).
13. 
Liberty Heights Park (1540 S. 62 Street.).
14. 
North Greenfield Railroad Station Park (8139 W. National Avenue.).
15. 
Reservoir Park (9621 W. Lapham Street.).
16. 
McKinley Park Playground (S. 72 Street and W. Washington Avenue.).
17. 
Any property owned by the City of West Allis, upon notice from a police officer or other city official.
(c) 
Loitering in Buildings. No person shall remain in a building or structure, without lawful cause, after being asked to leave by the owner or by the person entitled to possession or in control thereof. No person shall lodge in any building or structure without the permission of the owner or the person entitled to possession or in control thereof.
(d) 
Loitering on Posted Private Property. It shall be unlawful for any person to congregate, loiter, wander, stroll or stand upon any private property in the City which has been posted with a notice stating "No Loitering," "Patrons Only," or other notice indicating that the said property is not a thoroughfare for the use of the general public. Such notice shall be at least eight and one-half by eleven (8 1/2 x 11) inches in size, or of comparable area, and plainly posted, at least one to each property intended to be so posted. This section shall include loitering in parked motor vehicles.
[Ord. 6248, 9/3/1996]
(10) 
Exposing Minors to Harmful Materials.
(a) 
Definitions. As used in this subsection:
1. 
"Harmful to minors" means— That quality, of any description or representation, in whatever form of nudity, sexual conduct or sado-masochistic abuse; and,
a. 
Which, when taken as a whole, the average person, applying contemporary community standards, would find appeals to the prurient or morbid interest of minors; and,
b. 
Which depicts or describes nudity, sexual conduct or sado-masochistic abuse in a patently offensive way, with respect to what is suitable materials for minors; and,
c. 
Which, when taken as a whole, lacks serious literary, artistic, political or scientific value for minors.
2. 
"Knowingly" means having general knowledge of, or reason to know, or belief or ground for belief which warrants further inspection or inquiry or both with respect to:
a. 
The character and content of any material described herein, which is reasonably susceptible to examination by the defendant.
b. 
The age of a minor; provided, however, that an honest mistake shall constitute an excuse from liability hereunder, if the defendant made a reasonable bona fide attempt to ascertain the true age of such minor.
3. 
"Minor" shall mean any person under the age of eighteen (18) years.
4. 
"Nudity" means the showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state.
5. 
"Sexual conduct" shall mean human genitals in a state of sexual stimulation or arousal, act of human masturbation, sexual stimulation or arousal, sexual intercourse or sodomy, defiling or other erotic touching of human genitals, pubic region, buttocks or female breasts.
(b) 
No person, firm or corporation shall knowingly sell, give away, display or loan to a minor:
1. 
Any picture, photograph, drawing, sculpture, motion picture film or similar visual representation or image of a person or portion of the human body which depicts nudity or sexual conduct and which is harmful to minors.
2. 
Any book, pamphlet, magazine, printed matter, however reproduced, or sound recording, which contains any matter enumerated in subsection (b)(1) hereof, or explicit and detailed verbal descriptions or narrative accounts of sexual conduct and which, taken as a whole, is harmful to minors.
(c) 
No person shall have in his possession, with intent to transfer or exhibit to a person under the age of eighteen (18) years, any matter prohibited by this section.
(11) 
Display of Sexually Explicit Reading Materials and Video Tapes in Establishments Accessible to Minors.
(a) 
Definitions. As used in this subsection:
1. 
"Knowingly" means knowledge of or reason to know or believe or grounds for belief which warrants further inspection or inquiry, or both, with respect to character and content of the material.
2. 
"Minor" means any person under eighteen (18) years of age.
3. 
"Adult" means any person eighteen (18) years of age or older.
4. 
"Person" means any individual, partnership, firm, association, corporation or other legal entity.
5. 
"Public place" means any premises which is at the time made public by the assembly of people, whether by allurement of entertainment or otherwise, including, but not limited to, liquor stores, grocery stores, video stores, book stores, gas stations, taverns, restaurants, theaters and meeting rooms, regardless of the specific nature.
6. 
"Sexually explicit reading materials" shall mean any book, magazine or newspaper, which contains on the cover or interior, any photograph, picture, drawing, animation, depiction or other visual representation of specified anatomical areas or sexual conduct, as herein defined.
7. 
"Sexually explicit video tapes" shall mean any video tape which contains on the cover any photograph, picture, drawing, animation, depiction or other visual representation of specified anatomical areas or sexual conduct, as herein defined.
8. 
"Specified anatomical area" shall mean less than completely opaquely covered human genitals, pubic area, buttocks or female breasts below a point immediately above the top of the areola. It shall also mean human, male genitals in discernible turgid state, even if completely and opaquely covered.
9. 
"Sexual conduct" shall mean human genitals in a state of sexual stimulation or arousal, act of human masturbation, sexual stimulation or arousal, sexual intercourse or sodomy, defiling or other erotic touching of human genitals, pubic region, buttocks or female breasts.
(b) 
Display of sexually explicit reading materials and video tapes. It shall be unlawful for any person to knowingly display sexually explicit reading materials and video tapes in any public place in the City of West Allis which is accessible to minors; provided, however, that such sexually explicit reading material and video tapes may be displayed behind a checkout counter or cash register stand or adjacent to such counters or stands, which have no rear access. In the alternative, any public place in the City of West Allis may display such sexually explicit reading material and video tapes in a specific area where only adults are allowed. Such area must contain a sign no smaller than two (2) feet stating "Adults Only." If the cover of such reading material or video tape displays a visual representation of a specified anatomical area or sexual conduct, such cover must have an opaque screen or border of sufficient height so that only the title is visible.
(c) 
Exceptions. Nothing contained in this section shall be construed to apply to the public display of any of the following:
1. 
Any art or photographic publication which devotes at least twenty-five percent (25%) of the lineage of each edition to articles and advertisements dealing with the subject of art and photography.
2. 
Any news periodicals which report or describe current events and which, from time to time, publish photographs or drawings of nude or semi-nude persons in connection with dissemination of the news.
3. 
Any publication which describes or reports on different cultures and which may, from time to time, publish photographs or depictions of nude or semi-nude persons, which describe cultures in which such nudity or semi-nudity is indigenous to the population.
4. 
Any medical or bona fide educational publication.
5. 
Any publication which, from time to time, publishes photographs or depictions of nude or semi-nude persons in an advertisement or article which pertains to that advertisement or article.
(d) 
Penalties. Any person who shall violate any provision of this section shall, upon conviction, pay a forfeiture not to exceed five hundred dollars ($500), together with the costs of the action, and upon default of payment thereof, shall be imprisoned in the Milwaukee County House of Corrections for a period not to exceed ninety (90) days, or until such forfeiture and costs are paid. Each day during which a violation of this section is permitted to exist shall be deemed to be a separate violation.
(12) 
Age Requirements for Motion Picture Attendance.
(a) 
It is the responsibility of every manager or person in charge of any motion picture theater in the City of West Allis to enforce the regulations as dictated by the rating assigned to the motion picture to be shown.
(b) 
No manager or person in charge of any motion picture theater in the City of West Allis shall allow any person, including employees, to enter any area of the theater where the motion picture screen can be seen, unless such person or employee is of an age conforming to the requirements of the rating assigned to the motion picture scheduled to be shown.
(c) 
No person shall, in any manner, assist any other person to gain entry to a motion picture theater when such other person's age does not conform with the requirements of the rating assigned to the motion picture scheduled to be shown.
(d) 
Each motion picture theater shall prominently display the audience rating assigned to the motion picture scheduled to be shown at the ticket window and at the place where tickets are taken.
(e) 
The Police Department of the City of West Allis shall notify the parents or guardian of any person under eighteen (18) who is found to be in violation of this subsection.
(13) 
Unlawful Entry on Property. Any person or state, or any political subdivision thereof, engaged in or preparing to engage in, the manufacture, transportation or storage of any product to be used in the preparation of the United States or of any of the states for defense or for war or in the prosecution of war by the United States or the manufacture, transportation, distribution or storage of gas, oil, coal, electricity or water, or any of said natural or artificial persons operating any public utility, whose property, except where it fronts on water or where there are entrances for railway cars, vehicles, persons or things, is surrounded by a fence or wall, or a fence or wall and buildings, may post around his or its property at each gate, entrance, dock or railway entrance and every one thousand (1,000) feet of water front a sign reading "No Entry Without Permission." No person shall, without permission, willfully enter upon premises so posted.
(14) 
Parties to an Offense.
(a) 
Whoever is concerned in the commission of an offense under this section as a principal and may be charged with and convicted of the commission of the offense, although he did not directly commit it, and although the person who directly committed it has not been convicted or has been convicted of some other degree of the offense or of some other offense based on the same act.
(b) 
A person is concerned in the commission of the offense if he:
(i) 
Directly commits the offense; or,
(ii) 
Intentionally aids or abets the commission of it; or,
(iii) 
Is a party to a conspiracy with another to commit it or advises, hires, counsels or otherwise procures another to commit it. Such a party is also concerned in the commission of any other offense under this section, which is committed in pursuance of the intended offense under this section and which, under the circumstances, is a natural and probable consequence of the intended offense. This paragraph does not apply to a person who voluntarily changes his mind and no longer desires that the offense be committed and notifies the other parties concerned of his withdrawal within a reasonable time before the commission of the offense so as to allow the others to withdraw.
(15) 
Contributing to Delinquent Condition of Minor. No person eighteen (18) or older shall intentionally encourage or contribute to the delinquency of any child of any age. For purposes of this section, "delinquent" means a child who is less than eighteen (18) years of age who has violated any state or federal criminal law, any state or federal law, violation of which is punishable by the imposition of a forfeiture or any county or municipal ordinance.
Penalty for violation of this section shall be a forfeiture of not less than ten dollars ($10) nor more than five hundred dollars ($500), together with the costs of prosecution and, in default of payment of said forfeiture and costs, by imprisonment in the Milwaukee County House of Correction until such forfeiture and costs are paid, but not in excess of the terms set forth in sec. 800.095(4) of the Wisconsin Statutes.
(16) 
Hindering Officers.
(a) 
No person shall knowingly resist, obstruct, hinder or substantially interfere with any police officer while such officer is doing any act in his official capacity and with lawful authority.
(b) 
"Resist" means to oppose the officer by force or threat of force. The resistance must be directed to the officer personally.
(c) 
"Obstruct" includes, but is not limited to, giving false information to an officer which tends to mislead him in the performance of his duty.
(d) 
"Hindering" includes, but is not limited to, fleeing or attempting to flee from a police officer, failing to obey a lawful order of an officer, concealing or attempting to conceal evidence or substantially interfering or attempting to interfere with an investigation or arrest.
(17) 
Roller Skates, In-Line Skates and Skateboards Prohibited. No person shall ride or otherwise use roller skates, in-line skates or skateboards upon public property as follows:
Sidewalks along W. Greenfield Ave., from S. 70 St. to S. 76 St.
Sidewalks along W. Greenfield Ave., from S. 60 St. to S. 65 St.
Sidewalks along W. National Ave., from S. 60 St. to S. 65 St.
City Hall Courtyard Area
West Allis Public Library
All Municipal parking lots
(18) 
County Park Ordinances Adopted. The provisions of Chapter 47 of the Milwaukee County ordinances, as amended, describing, defining and prohibiting conduct in Milwaukee County Parks, are hereby adopted by reference and made a part of this section with the same force and effect as if fully set forth herein. Any law enforcement officer may issue citations for enforcement of any ordinances adopted under this section and the Municipal Court shall have jurisdiction over said cases.
(19) 
Purchase or Possession of Tobacco Products by Children/Sale of Tobacco Products to Children.
[Ord. 6216, 3/20/1996; Ord. 6565, 4/3/2001; Ord. 6584, 9/18/2001]
(a) 
Sections 254.92 and 134.66 of the Wisconsin Statutes, as they may be amended from time to time, are hereby adopted by reference and made a part of this section as if fully set forth herein.
(b) 
Any person under the age of eighteen (18) violating this section is subject to the dispositions set forth in section 938.343 of the Wisconsin Statutes.
(c) 
A person violating section 134.66, Wis. Stat., shall be subject to the penalties set forth in section 134.66(4). The court ordered suspensions shall not prohibit the West Allis Common Council from further suspensions or revocation under section 9.04(5) of the Revised Municipal Code.
(20) 
Graffiti; Parental Liability. Sections 895.035(2g) and 895.035(4) of the Wisconsin Statutes, as amended from time to time, describing and defining parental liability for the cost of repair, replacement or removal of property damages by graffiti, as defined in sec. 943.017 of the Wisconsin Statutes, are hereby adopted by reference and made a part of this section, as if fully set forth herein.
[Ord. 6247, 9/3/1996]
(21) 
Nudity in Public Place.
[Ord. 6010, 4/20/1993; Ord. O-2016-0003, 1/19/2016]
(a) 
Declaration of Intent.
1. 
Whereas, the Common Council of the City of West Allis has determined that certain modifications need to be made to Ordinance No. 6010, entitled "An Ordinance to Create Section 6.02(21) of the Revised Municipal Code Regarding Nudity in a Public Place," originally passed by the Common Council on April 20, 1993, due to the Seventh Circuit Court of Appeals decision in Foxxxy Ladyz Adult World, Inc. v. Village of Dix; and
2. 
Whereas, the Common Council has conducted an extensive review of available reports and studies concerning the detrimental secondary effects associated with nudity in public places. The secondary effects reports and studies that have been reviewed include the following: Effects of Adult Entertainment Businesses on Residential Neighborhoods, El Paso, TX (1986); Nude Entertainment Study, Adams County, CO (1988); An Analysis of the Effects of Sexually Oriented Businesses on the Surrounding Neighborhoods, Dallas, TX (1997); Sexually-Oriented Business Study, Rochester, NY (2000); Crime-Related Secondary Effects of Sexually-Oriented Businesses, Palm Beach County, FL (2007); Does the Presence of Sexually-Oriented Businesses Relate to Increased Levels of Crime? An Examination Using Spatial Analyses, Eric S. McCord and Richard Tewksbury (2012); Testimony on SB 3348, Richard McCleary and Lori Sexton (2012); and
3. 
Whereas, the Common Council has reviewed the holdings and findings of the following court cases: City of Erie v. Pap's A.M., 529 U.S. 277 (2000); Barnes v. Glen Theatre, Inc. 501 U.S. 560 (1991); Schultz v. City of Cumberland, 228 F.3d 831 (7th Cir. 2000); Kev, Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir. 1986); Urmanski v. Town of Bradley, 2000 WI App. 141, 613 N.W. 2d 905; Ben's Bar, Inc. v. Village of Somerset, 316 F.3d 702 (7th Cir. 2003); Foxxxy Ladyz Adult World, Inc. v. Village of Dix, 779 F.3d 706 (7th Cir. 2015); and
4. 
Whereas, the Common Council finds that nudity in public places has a negative impact on property values; increases crime rates, including sexually-based and alcohol-related offenses; and results in deterioration of nearby residential neighborhoods; and
5. 
Whereas, the Common Council is deeply concerned about the risk to the health, safety, and welfare of West Allis residents from the deleterious secondary effects associated with nudity in public places; for that purpose, the enactment of the following subsection is hereby reaffirmed.
(b) 
Definition. "Nudity" means the showing of the human male or female genitals, or pubic area with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any part of the nipple.
(c) 
Prohibition. No person shall knowingly or intentionally, in a public place, appear in a state of nudity.
(d) 
Exception. Subsection (c) does not apply to a mother's breast-feeding of her child.
(22) 
Loitering By Sex Offenders.
[Ord. O-2007-0025, 7/3/2007]
(a) 
Definitions. The definitions delineated in Section 6.027 of the City of West Allis Revised Municipal Code shall be applicable to this subsection. In addition, the following term shall mean:
1. 
"Child safety zones" shall include any real property upon which there exists any facility used for or which supports a use of:
a. 
A public park, parkway, parkland, park facility;
b. 
A public swimming pool;
c. 
A public library;
d. 
A recreational trail;
e. 
A public playground;
f. 
A school for children;
g. 
Athletic fields used by children;
h. 
A day-care center;
i. 
Any specialized school for children, including, but not limited to a gymnastics academy, dance academy or music school;
j. 
Aquatic facilities open to the public; and
k. 
Any facility for children [which means a public or private school, a group home, as defined in Section 48.02(7), Stats., a residential care center for children and youth, as defined in Section 48.02 (15d), Stats., a shelter care facility, as defined in Section 48.02 (17), Stats., a foster home, as defined in Section 48.02(6), Stats., a treatment foster home, as defined in Section 48.02 (17q), Stats., a day-care center licensed under Section 48.65, Stats., a day-care program established under Section 120.13(14), Stats., a day-care provider certified under Section 48.651, Stats., or a youth center, as defined in Section 961.01 (22) Stats].
(b) 
Prohibition. It shall be unlawful for any sex offender to enter into, congregate, loiter, wander, stroll, stand or play in or near a child safety zone under circumstances that warrant alarm for the safety of persons in the vicinity. Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the actor takes flight upon appearance of a police or peace officer, refuses to identify himself or manifestly endeavors to conceal himself or any object. Unless flight by the actor or other circumstances makes it impracticable, a police or peace officer shall, prior to any arrest for an offense under this section, afford the actor an opportunity to dispel any alarm which would otherwise be warranted, by requesting him to identify himself and explain his presence and conduct. No person shall be convicted of an offense under this subsection if the police or peace officer did not comply with the preceding sentence, or if it appears at trial that the explanation given by the actor was true and, if believed by the police or peace officer at the time, would have dispelled the alarm.
(c) 
Penalty. Any person who shall violate any provision of this subsection shall pay, upon conviction, a forfeiture not to exceed one thousand dollars ($1,000) per violation, together with the costs of this action, and upon default of payment thereof, shall be imprisoned in the Milwaukee County House of Corrections for a period not to exceed ninety (90) days, or until such forfeiture and costs are paid. Each day during which a violation of this section is permitted to exist shall be deemed to be a separate violation.
(23) 
Trespassing on Private Property. No person shall enter or remain upon the lands, buildings, or premises of another or any part, portion, or area thereof if:
[Ord. O-2011-0002; 1/4/2011]
(1) 
The owner, owner's agent or representative, lessee, custodian, or other person in possession thereof forbids or warns him/her not to enter or remain, whether orally or in writing;
(2) 
A reasonably visible sign posted on such lands, building, premises, or any part or portion thereof, forbids or warns him/her not to enter or remain.
(a) 
Signs shall be posted at all common entrances and shall be at least eight and one-half (8 1/2) by eleven (11) inches in size, with letters at least one (1) inch in height.
(3) 
Exceptions. This prohibition does not apply to law enforcement officers, firefighters, or rescue personnel acting under the scope of their official duties; or any person who, in the scope of his or her employment, has a lawful right to be on the property.
(4) 
Penalties. Any person, firm, or corporation violating this section shall, upon conviction, forfeit not less than three hundred dollars ($300) nor more than one thousand dollars ($1,000), together with the costs of prosecution and, in default of payment, shall be imprisoned in the House of Correction until such forfeiture and costs are paid, but not more than the number of days set forth in Section 800.095(4), Wis. Stat.
(24) 
Unauthorized Presence On School Grounds.
[Ord. O-2014-0081, 12/2/2014]
(1) 
Adoption of State Statute. Except as otherwise provided herein, Wisconsin Statute Section 120.13(35) is hereby adopted by reference and made a part hereof with the same force and effect as if fully set forth herein.
(2) 
Application. This section shall apply to all schools in the West Allis-West Milwaukee School District located in the City of West Allis.
(3) 
Unauthorized Persons Prohibited. Pursuant to the West Allis-West Milwaukee School District Policy entitled "Visitors to the Schools," as it may be amended from time to time, no person shall enter or remain in a school building unless s/he is:
(a) 
A student participating in his/her educational program or school activities;
(b) 
Parents/guardians of students enrolled in the school when observing or participating in activities related to their child's educational program or when requested by school officials;
(c) 
Any school district employee, officer, agent, or volunteer conducting school district business;
(d) 
Any individual attending or participating in a meeting, activity, or event open to the general public;
(e) 
Individuals specifically authorized by Board policy to be in the school building; or
(f) 
Other individuals with the permission of the building principal or Superintendent of Schools.
(4) 
Reporting. When an individual visits a school, s/he shall first report to the main office so that the building principal may determine whether the individual has the authority to enter or remain in the building.
(a) 
Exceptions. This subsection shall not apply to any individual listed in Subsection (3)(a)-(f).
(5) 
Penalties.
(a) 
Any person violating this section shall be required to forfeit not less than two hundred fifty dollars ($250.00) nor more than one thousand dollars ($1,000.00). The person shall be required to pay the costs of prosecution. In default of payment thereof, the person shall be imprisoned in the Milwaukee County House of Correction until such forfeiture and costs are paid, but not more than the number of days set forth in sec. 800.095(1)(b)1 of the Wisconsin Statutes, or by suspension of the defendant's operating privilege, pursuant to secs. 343.30 and 345.47 of the Wisconsin Statutes. Each and every day that an offense continues constitutes a separate offense.

6.025 Curfew for Minors.

[Ord. 6099 (repeal & recreate 6.025), 5/17/1994; Ord. 6445, 7/6/1999]
(1) 
Definitions. As used within this section 6.025, the following words and phrases shall have the meanings ascribed to them below. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular and words in the singular number include the plural.
(a) 
"City" is the City of West Allis, Wisconsin, with administrative offices located at 7525 West Greenfield Avenue.
(b) 
"Curfew hours" refer to the hours of 11:00 p.m. through 5:00 a.m., of each day.
(c) 
"Emergency" refers to unforeseen circumstances, or the status or condition resulting therefrom, requiring immediate action to safeguard life, limb or property. The term includes but is not limited to, fires, natural disasters, automobile accidents or other similar circumstances.
(d) 
"Establishment" refers to any privately owned place of business within the City operated for profit, to which the public is invited, including, but not limited to any place of amusement or entertainment. With respect to such Establishment, the term "Operator" shall mean any person, and any firm, association, partnership (and the members or partners thereof) and/or any corporation (and the officers thereof) conducting or managing that Establishment.
(e) 
In loco parentis means:
(1) 
The biological or adoptive parent has consented to, and fostered the establishment of a parent-like relationship with the minor;
(2) 
The child and the person claiming to be in loco parentis live together in the same household;
(3) 
The person claiming to be in loco parentis has assumed the obligations of parenthood by taking significant responsibility for the minor's care, education, and development, including contributing toward the minor's support without expectation of financial compensation; and
(4) 
The person claiming to be in loco parentis has been in a parental role for a length of time sufficient to have established with the minor a bonded, dependent relationship that is parental in nature.
(f) 
"Minor" refers to any person under seventeen (17) years of age.
(g) 
"Officer" refers to a police or other law enforcement officer charged with the duty of enforcing the laws of the State of Wisconsin and/or the ordinances of the City of West Allis.
(h) 
"Parent" refers to:
(1) 
a person who is a minor's biological or adoptive parent and who has legal custody of a minor (including either parent, if custody is shared under a court order or agreement);
(2) 
a person who is the biological or adoptive parent with whom a minor regularly resides;
(3) 
a person judicially appointed as a legal guardian of the minor; and/or;
(4) 
a person eighteen (18) years of age or older standing in loco parentis (as indicated by the authorization of an individual listed in part(s)(1), (2) or (3) of this definition, above, for the person to assume the care of physical custody of the child, or as indicated by any other circumstances.)
(i) 
"Person" refers to an individual, not to any association, corporation, or any other legal entity.
(j) 
"Public Place" refers to any place to which the public or a substantial group of the public has access, including, but not limited to: streets, highways, roads, sidewalks, alleys, avenues, parks, and/or the common areas of schools, hospitals, apartment houses, office buildings, places of amusement and entertainment, vacant lots, transportation facilities, shops, and in or upon any conveyance being driven or parked thereon.
(k) 
"Remain" refers to the following actions;
(1) 
to linger, stay, congregate, loiter, wander, stroll, stand, or play at or upon a public place; and/or
(2) 
to fail to leave a place when requested to do so by an officer or by the owner, operator or other person in control of that place.
(2) 
Loitering of Minors (Curfew). It shall be unlawful for a minor, during curfew hours, to remain in or upon any Public Place within the City, to remain in any motor vehicle operating or parked therein or thereon, or to remain in or upon the premises of any Establishment within the City, unless:
(a) 
the minor is accompanied by a parent; or
(b) 
the minor is involved in an emergency; or
(c) 
the minor is engaged in an employment activity, or is going to or returning home from such activity, without detour or stop; or
(d) 
the minor is on the sidewalk directly abutting a place where he or she resides with a parent; or
(e) 
the minor is attending an activity sponsored by a school, religious, or civic organization, by a public organization or agency, or by another similar organization or entity, which activity is supervised by adults, and/or the minor is going to or returning from such an activity without detour or stop; or
(f) 
the minor is on an errand at the direction of a parent, and the minor has in his or her possession a writing signed by the parent containing the following information: the name, signature, address and telephone number of the parent authorizing the errand, the telephone number where the parent may be reached during the errand, the name of the minor, and a brief description of the errand, the minor's destination(s) and the date and hours the minor is authorized to be engaged in the errand; or
(g) 
the minor is involved in interstate travel through, or beginning or terminating in, the City of West Allis; or
(h) 
the minor is exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly.
(3) 
Responsibility of Parents or Guardians. It shall be unlawful for a minor's parent to knowingly permit, allow or encourage such minor to violate section 6.025(2); provided that any parent or guardian who shall have made a missing person notification to the police department shall not be considered to be in violation for this section. The term "knowingly" includes knowledge that a parent should reasonably be expected to have concerning the whereabouts of a juvenile in that parent's legal custody. A violation of this subsection may be designated as: "Contributing to Curfew Violation."
(4) 
Responsibility of Owners or Operators of Motor Vehicles. It shall be unlawful for a person who is the owner or operator of any motor vehicle to knowingly permit, allow or encourage a violation of section 6.025(2). A violation of this subsection may be designated as: "Contributing to Curfew Violation."
(5) 
Responsibility of Operators of Places of Amusement. It shall be unlawful for the Operator of any Establishment, or for any person who is an employee thereof, to knowingly permit, allow or encourage a minor to remain upon the premises of the Establishment during curfew hours. It shall be a defense to prosecution under this subsection that the Operator or an employee of an Establishment promptly notified the police department that a minor was present at the Establishment after curfew hours and refused to leave. A violation of this subsection may be designated as: "Contributing to Curfew Violation."
(6) 
Responsibility of Hotels, Motels and Rooming Houses. It shall be unlawful for any person, firm, corporation, or other legal entity operating a hotel, motel, lodging or rooming house, or their agents, servants or employees, to permit any person under the age of seventeen (17) years to remain in any portion of such hotel, motel, lodging or rooming house during hours of curfew. A violation of this subsection may be designated as: "Contributing to Curfew Violation."
(7) 
Enforcement and Penalty.
(a) 
If a police officer, while on duty, reasonably believes that a juvenile is in a public place in violation of the Ordinance, the officer shall notify the juvenile that he/she is in violation of the Ordinance and shall require the juvenile to provide his/her name, address and telephone number and how to contact his/her parent or guardian. The officer is hereby authorized to detain any such minor violating the provisions of section 6.025(2), until the parent or guardian of the minor shall take him or her into custody. Upon detaining the minor, the officer shall immediately attempt to communicate with the parent or guardian.
(b) 
Any person under the age of seventeen (17) years violating the provisions of this section may be referred to the proper authorities as provided in Chapter 48 of the Wisconsin Statutes and/or issued a citation.
(8) 
Severability. The terms and provisions throughout and within this ordinance are severable and are governed by Section 6.025 of the West Allis Municipal Code, as amended. If any provision, including any exception, part, phrase, or term, or the application thereof to any person or circumstances is held invalid, the application to other persons or circumstances shall not be affected thereby and the validity of the Ordinance in any and all other respects shall not be affected thereby.

6.026 Regulation of Instruments Used for Inhaling or Ingesting Controlled Substances.

(1) 
Intent. It is determined by the Common Council that the open display and availability for sale of simulated controlled substances and instruments used for inhaling or ingesting controlled substances in places of business within the City suggests and encourages the illegal use of drugs and other controlled substances by the youth of this community; that to protect the health and safety and general welfare of the youth of this community, it is necessary that the regulations herein provided be enacted.
(2) 
Definitions as used in this section:
(a) 
"Cocaine Spoon" is a spoon with a bowl so small that the primary use for which it is reasonably adapted or designed is to hold or administer cocaine, and which is so small as to be unsuited for the typical, lawful uses of a spoon. A cocaine spoon may or may not be merchandised on a chain and may or may not be labeled as a "cocaine" spoon or "coke" spoon.
(b) 
"Controlled Substance" means any drug, substance or immediate precursor, enumerated in Schedules I through V of the Uniform Controlled Substances Act found in Chapter 161 of the Wisconsin Statutes, and, as such Schedules may, from time to time, be amended.
(c) 
"Drug" means:
1. 
Substances recognized as drugs in the Official United States Pharmacopoeia, Official Homeopathic Pharmacopoeia of the United States or Official National Formulary or any supplementary to any of them.
2. 
Substances intended for use in the diagnosis, cure, medication, treatment or prevention of disease in man or animals.
3. 
Substances (other than food) intended to affect the structure of any function of the body of man or animals.
4. 
Substances intended for use as a component of any article specified in subsections (1), (2) and (3) above.
(d) 
"Drug Paraphernalia" means:
1. 
All equipment, products and materials of any kind which are intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance, as defined in subsection (2)(b), above. It includes, but is not limited to:
a. 
Kits intended for use, or designed for use, in planting, propagating, cultivating, growing or harvesting of any species of plant, which is a controlled substance, or from which a controlled substance can be derived.
b. 
Kits intended for use, or designed for use, in manufacturing, compounding, converting, producing, processing or preparing controlled substances.
c. 
Isomerization devices intended for use, or designed for use, in increasing the potency of any species of plant which is a controlled substance.
d. 
Testing equipment intended for use, or designed for use, in identifying or in analyzing the strength, effectiveness or purity of controlled substances.
e. 
Scales and balances intended for use, or designed for use, in weighing or measuring controlled substances.
f. 
Diluents and adulterants, such as quinine hydrochloride, manitol, mannite, dextrose and lactose, intended for use, or designed for use, in cutting controlled substances.
g. 
Separation gins and sifters intended for use, or designed for use, in removing twigs and seeds from or in otherwise cleaning or refining marijuana.
h. 
Blenders, bowls, containers, spoons and mixing devices intended for use, or designed for use, in compounding controlled substances.
i. 
Capsules, balloons, envelopes and other containers intended for use, or designed for use, in packaging small quantities of controlled substances.
j. 
Containers and other objects intended for use, or designed for use, in storing or concealing controlled substances.
k. 
Objects intended for use, or designed for use, in injesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:
(i) 
Etal, wooden, acrylic, glass, stone, plastic or ceramic pipes, with or without screens, permanent screens, hashish heads or punctured metal bowls;
(ii) 
Water pipes;
(iii) 
Carburetion tubes and devices;
(iv) 
Smoking and carburetion masks;
(v) 
Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand;
(vi) 
Chamber pipes;
(vii) 
Carburetor pipes;
(viii) 
Electric pipes;
(ix) 
Air-driven pipes;
(x) 
Chillums;
(xi) 
Bongs;
(xii) 
Ice pipes or chillers.
2. 
In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following:
a. 
Statements by an owner, or by anyone in control of the object, concerning its use;
b. 
Prior convictions, if any, of an owner or of anyone in control of the object, under any state or federal law relating to any controlled substance;
c. 
The proximity of the object, in time and space, to a direct violation of this act, or any state or federal law relating to any controlled substance;
d. 
The proximity of the object to controlled substances;
e. 
The existence of any residue of controlled substances on the object;
f. 
Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows intend to use the object to facilitate a violation of this act, or any state or federal law relating to any controlled substance; the innocence of any owner, or of anyone in control of the object, as to a direct violation in such act or law, shall not prevent a finding that the object is intended for use, or designed for use, as drug paraphernalia;
g. 
Instructions, oral or written, provided with the object concerning its use;
h. 
Descriptive materials accompanying the object which explain or depict its use;
i. 
National and local advertising concerning its use;
j. 
The manner in which the object is displayed for sale;
k. 
Direct or circumstantial evidence of the ratio of sales of the objects to the total sales of the business enterprise;
l. 
The existence and scope of legitimate uses for the object in the community;
m. 
Expert testimony concerning its "use."
(e) 
"Marijuana or Hashish Pipe" means a pipe characterized by a bowl which is so small that the primary use for which it is reasonably adapted or designed is the smoking of marijuana or hashish, rather than lawful smoking tobacco, and which may or may not be equipped with a screen.
(f) 
"Manufacturer" shall have the same meaning as given to it by sec. 161.01(13) of the Wisconsin Statutes.
(g) 
"Patient" means the individual for whom a drug is prescribed or for whom a drug is administered; or the owner or the agent of the owner of the animal for which a drug is prescribed or to which a drug is administered; provided, that the prescribing or administering referred to is in good faith and in the course of professional practice only.
(h) 
"Person" means any individual, corporation, business trust, estate, partnership or association or any other legal entity.
(i) 
"Practitioner" shall have the same meaning as given to it by sec. 161.01(19) of the Wisconsin Statutes.
(j) 
"Pharmacist" shall have the same meaning as given to it by sec. 450.07(3) of the Wisconsin Statutes.
(k) 
"Prescription" means a written order, or an oral order later reduced to writing, by a practitioner for a prescription drug for a particular patient, which specifies the date of its issue, the name and address of such practitioner, the name and address of the patient and the name and quantity of the prescription drug prescribed, directions for use of the drug and, in case of a written order, the signature of the practitioner.
(l) 
"Simulated Drugs" and "Simulated Controlled Substances" are any products which identify themselves by using a common name and slang term associated with the controlled substance or indicate by label or accompanying promotion material that the product simulates the effect of a controlled substance or drug.
(m) 
"Wholesaler" shall have the same meaning as given to it by sec. 450.07(3)(h) of the Wisconsin Statutes.
(3) 
Sales and Display of Instruments and Simulated Controlled Substances Prohibited.
(a) 
It shall be unlawful for any person to sell, offer for sale, display, furnish, supply or give away, any cocaine spoon, marijuana pipe, hashish pipe, simulated drugs or simulated controlled substances, or any drug paraphernalia.
(b) 
Prohibition in this section shall not apply to:
1. 
The display of any such items as a place of display for education or scientific purposes;
2. 
Manufacturers, wholesalers, pharmacists, practitioners engaged in the normal, lawful course of their respective business or professions, nor to patients possessing such materials, pursuant to a valid prescription, or suffering from diabetes or any other medical condition requiring self-injection, nor to warehousemen or their employees engaged in the lawful transportation of simulated controlled substances or instruments, nor to public officers or employees while engaged in the performance of their official duties.
(c) 
Penalty. Any person violating this section shall forfeit not less than five hundred ($500) dollars nor more than one thousand ($1,000) dollars, together with the costs of prosecution, and in default of payment thereof, shall be imprisoned in the County Jail or the Milwaukee County House of Correction until such fines and costs are paid. Such imprisonment shall not exceed ninety (90) days. Each day of the violation shall be considered a separate offense.
(4) 
Construction; Severability. It is the legislative intent that all provisions and sections, clauses and sentences of this section be liberally construed and, should any provision, section, clause or sentence be held unconstitutional or invalid, such holding shall not be construed as affecting the validity of any of the remaining provisions, sections, clauses or sentences, it being the intent that this ordinance shall stand notwithstanding of the validity of any provision, section, clause or sentence.

6.027 Sex Offender Residing Within One Thousand Five Hundred (1,500) Feet of Schools, Day-Care Centers, Parks and Other Specified Facilities and Uses Prohibited.

[Ord. O-2007-0013, 7/3/2007]
This section is a regulatory measure aimed at protecting the health and safety of children in West Allis from the risk that certain convicted sex offenders may re-offend in locations close to their residences. The City finds and declares that certain sex offenders are a serious threat to public safety. When convicted sex offenders re-enter society, they are much more likely than any other type of offender to be re-arrested for a new rape or sexual assault. Given the high rate of recidivism for sex offenders and that reducing opportunity and temptation is important to minimizing the risk of re-offense, there is a need to protect children where they congregate or play in public places in addition to the protections afforded by state law near schools and day-care centers. The City finds and declares that, in addition to schools and day-care centers, children congregate or play at public parks.
(1) 
Definitions. As used in this section and unless the context otherwise requires:
(a) 
A "crime against children" shall mean any of the following offenses set forth within the Wisconsin Statutes, as amended, or the laws of this or any other state or the federal government, having like elements necessary for conviction and involving a person under the age of 18 years, respectively:
Sections
940.225(1) First Degree Sexual Assault;
940.225(2) Second Degree Sexual Assault;
940.225(3) Third Degree Sexual Assault;
940.22(2) Sexual Exploitation by Therapist;
940.30 False Imprisonment-victim was minor and not the offender's child;
940.31 Kidnapping-victim was minor and not the offender's child;
944.01 Rape (prior statute);
944.06 Incest;
944.10 Sexual Intercourse with a Child (prior statute);
944.11 Indecent Behavior with a Child (prior statute);
944.12 Enticing Child for Immoral Purposes (prior statute);
948.02(1) First Degree Sexual Assault of a Child;
948.02(2) Second Degree Sexual Assault of a Child;
948.025 Engaging in Repeated Acts of Sexual Assault of the Same Child;
948.05 Sexual Exploitation of a Child;
948.055 Causing a Child to View or Listen to Sexual Activity;
948.06 Incest with a Child;
948.07 Child Enticement;
948.075 Use of a Computer to Facilitate a Child Sex Crime;
948.08 Soliciting a Child for Prostitution;
948.085 Sexual Assault of a Child Placed in Substitute Care;
948.09 Sexual Intercourse with a Child Age 16 or Older;
948.095 Sexual Assault of a Student by School Instructional Staff;
948.10 Exposing Genitals or Pubic Areas to a child;
948.11 Exposing Child to Harmful Material or Harmful Descriptions or Narrations;
948.12 Possession of Child Pornography;
948.13 Convicted Child Sex Offender Working with Children;
948.14 Registered Sex Offender and Photographing Minors;
948.30 Abduction of Another's Child;
971.17 Not Guilty by Reason of Mental Disease-of an included offense; and
975.06 Sex Crimes Law Commitment.
(b) 
"Offender" means a person who has been convicted of or has been found delinquent of or has been found not guilty by reason of disease or mental defect of a crime against children.
(c) 
"Residence" means the place where an offender sleeps, which may include more than one location, and may be mobile or transitory.
(d) 
"Original Domicile" means the offender's true, fixed and permanent home, to which the offender intends to return and remain even though currently residing elsewhere.
(2) 
Residency restrictions. An offender shall not establish a residence in any location on a parcel of land which, in whole or in part, is within one thousand five hundred (1,500) feet of the real property comprising any of the following:
(a) 
Any facility for children [which means a public or private school, a group home, as defined in Section 48.02(7), Stats., a residential care center for children and youth, as defined in Section 48.02(15d), Stats., a shelter care facility, as defined in Section 48.02(17), Stats., a foster home, as defined in Section 48.02 (6), Stats., a treatment foster home, as defined in Section 48.02(17q), Stats., a day-care center licensed under Section 48.65, Stats., a day-care program established under Section 120.13(14), Stats., a day-care provider certified under Section 48.651, Stats., or a youth center, as defined in Section 961.01(22), Stats.]; and/or
(b) 
Any facility used for:
1. 
A public park, parkway, parkland, park facility;
2. 
A public swimming pool;
3. 
A public library;
4. 
A recreational trail;
5. 
A public playground;
6. 
A school for children;
7. 
Athletic fields used by children;
8. 
A day-care center;
9. 
Any specialized school for children, including, but not limited to, a gymnastics academy, dance academy or music school;
10. 
Aquatic facilities open to the public.
The distance shall be measured from the closest boundary line of the real property supporting the residence of an offender to the closest real property boundary line of the applicable above enumerated use(s). A map depicting the above-enumerated uses and the resulting residency restriction distances, as amended from time to time, is on file in the Office of the City Clerk for public inspection.
(3) 
Residency restriction exceptions. An offender establishing a residence in any location on a parcel of land which, in whole or in part, is within one thousand five hundred (1,500) feet of the real property comprising any of the uses enumerated in Subsection (2) above, does not commit a violation of this subsection if any of the following apply:
(a) 
The offender is required to serve a sentence at a jail, prison, juvenile facility, or other correctional institution or facility.
(b) 
The offender has established a residence prior to the effective date of this subsection on August 2, 2007, and has continuously maintained said residence since that effective date, which is within one thousand five hundred (1,500) feet of any of the uses enumerated in Subsection (2) above, or such enumerated use is newly established after such effective date and it is located within such one thousand five hundred (1,500) feet of a residence of an offender, which was established prior to the effective date of this section.
[Ord. O-2017-0003, 2/7/2017]
(c) 
The offender is a minor or ward under guardianship.
(4) 
Original domicile restriction. In addition to and notwithstanding the foregoing, but subject to Subsection (3) above, no person and no individual who has been convicted of a crime against children shall be permitted to establish a residence in the City of West Allis, unless such person was domiciled in the City of West Allis at the time of the offense resulting in the person's most recent conviction for committing the crime against children.
(5) 
Violations. If an offender violates Subsection (2), above, by establishing a residence or occupying residential premises in any location on a parcel of land which, in whole or in part, is within one thousand five hundred (1,500) feet of those premises as described therein, without any exception(s) as also set forth above, the City Attorney, upon referral from the Chief of Police and the written determination by the Chief of Police that upon all of the facts and circumstances and the purpose of the section, such residence occupancy presents an activity or use of property that interferes substantially with the comfortable enjoyment of life, health, safety of another or others, shall bring an action in the name of the City in the Circuit Court for Milwaukee County to permanently enjoin such residency as a public nuisance. In addition to the aforementioned injunctive relief, such person shall be subject to a forfeiture of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) for each violation, together with the costs of prosecution. In default of payment thereof, the person shall be imprisoned in the House of Correction until such forfeiture and costs are paid, but not more than the number of days set forth in Wis. Stat. Sec. 800.095(1)(b)1. Each day a violation continues shall constitute a separate offense. Furthermore, the City may undertake all other legal and equitable remedies to prevent or remove a violation of this section.
[Ord. O-2015-0020, 3/17/2015]

6.03 Public Welfare and Peace.

[Ord. 6386, 5/19/1998; Ord. O-2006-0030, 6/6/2006]
(1) 
Destruction of Property.
(a) 
Fences, Walls, Trees, etc. No person shall willfully, maliciously or wantonly destroy, remove, throw down or injure any fence, hedge or wall enclosing any orchard, garden or any field whatever on land belonging to or lawfully occupied by another, or to open or leave open, throw down, injure, remove or destroy any gate or bars in such fence, hedge or wall, or cut down, root up, sever, injure, destroy or carry away, when severed, any fruit, shade, ornamental or other tree or any shrub, root, plant, fruit, flower, grain or other vegetable production in the City.
(b) 
Park Property, Statues, etc. No person shall break or otherwise injure any tree, shrub or plant; break, soil or deface any fountain, statue or other ornamental structure; damage any grass plot; or, in any way, injure, soil or deface any square, sidewalk or ground in the City or any public property in any public park or any other public place, which has been declared to be a public park and under the control of the City, whether the same shall be owned, leased or held in trust by the City, or held in trust for the use of the City.
(c) 
Gardens, Crops, etc. No person shall enter any enclosed or unenclosed garden or orchard located within the City, without the consent of the owner, tenant, lessee or his or her agent and there cut down, injure, damage, destroy, pull out, eat or carry away any portion of the garden, including any growing thing, crop, seed, soil, fertilizer, water supply, tools, implements, racks, support or any other protective device or any other thing useful for the development, cultivation, maintenance and use of the garden.
(2) 
Posting Signs, Advertisements or Displays. No person shall put up, erect, fasten, post, paint or maintain any sign, picture, poster, advertisement, symbol, structure, display or any other item of any description upon any curb, sidewalk, fence, board, barrel, box, case, railing, pole, post, barricade, material, bridge, structure or building of any kind placed upon any street, alley, public way or public ground.
[Ord. O-2008-0003, 2/5/2008]
(3) 
Open Air Meetings.
(a) 
Where Prohibited. No person shall hold any open air meetings for any purpose whatsoever on West Greenfield Avenue between South 69th Street and South 76th Street or on any side street or in any alley abutting thereon, within one hundred twenty (120) feet on either side of West Greenfield Avenue.
(b) 
Permit Required. Any person properly qualified may secure a permit for use of the park located at South 70th Street and West National Avenue for such purpose, providing permission is first obtained from the Park Board of the City.
(4) 
Disorderly Conduct with a Motor Vehicle.
(a) 
No person shall, within the City of West Allis, on public or private property, by or through the use of a motor vehicle, motorcycle, snowmobile, minibike, all-terrain vehicle or any other motorized vehicle, engage in violent, dangerous, abusive, unreasonably loud or otherwise disorderly conduct, including but not limited to unnecessary, deliberate or intentional: spinning of wheels, squealing of tires, revving of the engine, blowing of the horn, causing the engine to backfire, causing the vehicle in motion to raise one or more of its wheels off the ground or causing the vehicle to otherwise be operated in an erratic or dangerous manner under circumstances which tend to cause or provoke a disturbance.
(b) 
Any person who shall violate this subsection shall upon conviction be subject to a forfeiture in the amount of $300.00 for each offense.
(5) 
Diseased and Infected Trees, Hedges, etc.
(a) 
Inspection by Superintendent of Forestry and Public Grounds; Notice; Removal. The Superintendent of Forestry and Public Grounds shall inspect all trees, vines, hedges, plants, logs and branches within the City to determine whether they are healthy or diseased. He shall have the right to enter upon any private property to make such examination. If any tree, vine, hedge, plant, log or branch is found dead, diseased, infected or infested and, in the opinion of the Superintendent, is liable to spread any disease or is found to harbor destructive insects or, if any tree, vine, hedge, plant, log or branch is dangerous to the public, the Superintendent shall give a seven (7) day written notice to the owner, agent or occupant of such premises of such condition and direct that the owner, agent or occupant remove and destroy the tree, vine, hedge, plant, log or branch. In the event the owner, agent or occupant shall fail to comply with the directions given within the time specified, the Superintendent may enter upon and remove the diseased, infected or infested trees, vines, hedges, plants, logs or branches or any part thereof.
(b) 
Transportation Permit Required. No person, firm or corporation shall carry or transport in, out of or through the City, any dead, diseased, infected or infested trees, vines, hedges, plants, logs and branches. All commercial and professional arborists shall, upon removal of any dead, diseased, infected or infested trees, vines, hedges, plants, logs and branches, get a permit from the Superintendent to carry or transport the same to an approved and designated disposal area, as directed by the Superintendent.
(c) 
Sale and Planting of Cottonwood Trees Prohibited. No person shall hereafter sell or plant within the City any populus sargentii, commonly known as the plains cottonwood, or the populus deltoides, commonly known as the eastern cottonwood, both such species also commonly known as the cottonwood poplar.
(6) 
Fraud on Tavern Keeper.
(a) 
No person, having obtained food, lodging, beverage or other service at a tavern, shall intentionally abscond without paying for it; nor, while a patron at a tavern, shall intentionally defraud the keeper thereof in any transaction arising out of such relationship.
(b) 
Under this subsection, prima facie evidence of any intent to defraud or to abscond is shown by:
The refusal of payment upon presentation when due and the return unpaid of any bank check or order for the payment of money given by any patron to any tavern in payment of any obligation arising out of such relationship as patron; or,
The failure or refusal of any patron at a tavern to pay, upon written demand, the established charge for food, beverages of any kind or other services actually rendered; or,
The giving of false information or the presenting of false or fictitious credentials for the purpose of obtaining credit, food, beverages or other services; or,
The drawing, endorsing, issuing or delivering to any tavern of any check, draft or order for payment of money upon any bank or other depository, in payment of established charges for food, beverages of any kind or other service, knowing at the time that there is not sufficient credit with the drawee bank or other depository for payment in full of the instrument drawn.
(7) 
Consumption and Possession of Fermented Malt Beverages and Intoxicating Liquors.
(a) 
No person shall consume any fermented malt beverage or intoxicating liquor in or upon any public street, alley, sidewalk, park or other public place.
(b) 
No person shall have in his possession any fermented malt beverage or intoxicating liquor in or upon any public street, alley, sidewalk, park or other public place, unless such beverage or liquor is in the unopened original container or sealed original package.
(c) 
No person shall drink from or open a container of fermented malt beverage or intoxicating liquor in a motor vehicle, which is parked or standing upon a public street, alley, municipal parking lot or other public place.
(d) 
The holder of a Class "B" fermented malt beverage or intoxicating liquor license shall make every reasonable effort to discourage his patrons from taking fermented malt beverages or intoxicating liquor from the licensed premises, when such beverages or liquor are served for consumption on the premises.
(e) 
The Common Council may, by resolution, declare a specific event to be a community event during which event, the prohibitions set forth in this section shall not apply at the location and the date(s) and time specified in the resolution. The resolution shall identify the designated community event and shall set forth the date or dates, time, and geographic location in which the prohibitions set forth in this section shall not apply. Any person, business, group, or organization wishing to sell, serve, or give away alcohol beverages must obtain an Extension of Premises permit under Section 9.02(5) or obtain a Temporary Class B (Picnic) License as provided for in Sections 125.26 and 125.51(10) of the Wisconsin Statutes and any other licenses or permits required by law.
[Ord. O-2008-0013, 3/31/2008]
(8) 
Fireworks Prohibited.
(a) 
Definition. In this section, "fireworks" means anything manufactured, processed or packaged for exploding, emitting sparks or combustion, which does not have another common use, but does not include any of the following:
1. 
Fuel or lubricants.
2. 
A firearm cartridge or shotgun shell.
3. 
A flare used or possessed or sold for use as a signal in an emergency or in the operation of a railway, aircraft, watercraft or motor vehicle.
4. 
A match, cigarette lighter, stove, furnace, candle, lantern or space heater.
5. 
A cap containing not more than one quarter (1/4) gram of explosive mixture, if the cap is used or possessed or sold for use, in a device which prevents direct bodily contact with the cap when it is in place for explosion.
6. 
A model rocket engine.
7. 
Tobacco or a tobacco product.
(b) 
Prohibition.
1. 
No person may sell any fireworks in the City of West Allis.
2. 
Exceptions. This section does not prohibit a resident, wholesaler, dealer or jobber from selling fireworks at wholesale, if that wholesaler, dealer or jobber ships or delivers the fireworks outside of this state in sealed opaque containers by, as defined in secs. 194.01(5), (11) and (14) of the Wisconsin Statutes, common motor carrier, contract motor carrier or private motor carrier engaged in the business of shipping or delivering property, or to a person or group granted a permit under sec. 167.10 of the Wisconsin Statutes.
(c) 
Possession and Use, State Statutes Adopted. Possession and use of fireworks shall be regulated according to the provisions of sec. 167.10 of the Wisconsin Statutes, as the same are from time to time amended, which are hereby adopted and incorporated by reference herein.
(d) 
Enforcement.
1. 
In addition to other penalties prescribed under this section, the City may petition the Circuit Court for an order enjoining any violation of this ordinance or of sec. 167.10 of the Wisconsin Statutes.
2. 
Any fireworks stored, handled, sold, possessed or used by the person who violates any provision of this section shall be seized. The fireworks shall be destroyed after conviction for a violation and otherwise returned to the owner.
(e) 
Penalties.
1. 
Any person who shall violate any provision of this section shall, upon conviction, pay a forfeiture of not less than one hundred dollars ($100) nor more than five hundred dollars ($500), together with the costs of the action and, upon default of payment thereof, shall be imprisoned in the Milwaukee County House of Correction for a period not to exceed ninety (90) days or until such forfeiture and costs are paid. Each day during which a violation of this section is permitted to exist shall be deemed to be a separate violation.

6.031 Parades and Other Events upon the Street.

[Ord. 6318, 5/20/1997]
(1) 
Definitions.
(a) 
Parade. Parade means any march or procession consisting of people, animals or vehicles, or combination thereof, except funeral processions, upon any public street, sidewalk or alley, which does not comply with normal and usual traffic regulations or controls.
(b) 
Chief of Police means the Chief of the West Allis Police Department or his designee.
(c) 
Street event means an organized competition, contest or event of twenty-five (25) or more people who travel on foot, wheelchair, bicycle or similar device, upon any public street, sidewalk or alley, which does not comply with normal and usual traffic regulations or controls.
(2) 
Parades and Street Events Prohibited Without a Permit.
(a) 
It shall be unlawful for any person to conduct a parade or street event in or upon any public street, sidewalk or alley in the City of West Allis or knowingly participate in such parade or street event unless and until a permit to conduct such parade or street event has been obtained from the Chief of Police or, as hereinafter provided, from the Common Council.
(b) 
Only one Street Event permit per month shall be allowed, unless approved by the Common Council, as provided in subsection (9).
(3) 
Parade or Street Event for Commercial Purposes Prohibited. No permit shall be issued authorizing the conduct of a parade or street event which the Chief of Police finds is proposed to be held for the sole purpose of advertising any product, goods, wares, merchandise or commercial establishment and is designed to be held purely for private profit.
(4) 
Application for Permit. Any person who wants to conduct a parade or street event shall apply to the Chief of Police for a permit at least thirty (30) days in advance of the date of the proposed parade or street event. The Chief of Police may, in his discretion, consider any application for a permit which is filed less than thirty (30) days prior to the day it is proposed that the parade or street event is to be held. The application for such permit shall be made in writing on a form approved by the Chief of Police and shall contain the following information:
(a) 
The name of the applicant, the sponsoring organization, the person in charge of the parade or street event, the addresses and telephone numbers of each and the signature of the applicant.
(b) 
The purpose of the parade or street event, the date when it is proposed to be conducted, the location of the assembly area, the location of the disbanding area, the route to be traveled and the approximate time when it will assemble, start and terminate.
(c) 
A general description of the parade or street event.
(d) 
Such other information as the Chief of Police may deem reasonably necessary.
(5) 
Fees.
(a) 
The applicant shall, at the time the application is filed, pay a five hundred dollars ($500) parade/street event permit fee.
(b) 
Refunds. Permit fee payments may be refunded, except for a fifty dollar ($50) permit processing fee, if notification of cancellation of the parade/street event by the applicant is received by the Chief of Police at least ten (10) days prior to the scheduled event or if the event is cancelled by the Chief of Police, pursuant to section (8).
(c) 
Deposit.
[Ord. O-2000-001, 7/1/2003]
1. 
In addition to the permit fee, the applicant shall submit a two thousand dollar ($2000.00) cash deposit, from which the Chief of Police shall deduct a fee of fifty dollars ($50.00) for each hour of service per officer required to direct traffic, control the crowd, or otherwise related to the conduct and supervision of the parade and the dispersal of the crowd thereafter, and from which the Director of Public Works shall deduct a fee of thirty dollars ($30.00) for each hour of service per employee required to position barricades, sweep streets and post signage.
2. 
The applicant shall be responsible for any cost incurred by the West Allis Police Department and the West Allis Public Works Department, as described in subsection (c)(1), over and above the deposit amount, and will be billed for the excess within thirty (30) days after the completion of the parade or event. Failure to pay the amount billed may be used as a basis to deny future parade or event applications. The City Attorney is authorized to commence an action to collect the unpaid amount.
3. 
Any unused portion of the deposit will be refunded to the applicant within thirty (30) days after the completion of the parade or event.
4. 
The deposit may be refunded in full if notification of cancellation of the parade/street event by the applicant is received by the Chief of Police at least ten (10) days prior to the scheduled parade or event or if the parade or event is cancelled by the Chief of Police, pursuant to section (8).
(d) 
Exemption. A permit fee or deposit is not required for:
[Ord. O-2000-001, 7/1/2003; Ord. O-2014-0011, 4/1/2014]
1. 
Parades or street events sponsored or co-sponsored by the City.
2. 
Public and parochial elementary and secondary school civic-oriented events.
3. 
Events sponsored by veterans' organizations.
(6) 
Issuance or Denial of Permit.
(a) 
Standard for Issuance. The Chief of Police shall issue a parade or street event permit conditioned upon the applicant's written agreement to comply with the terms of such permit, unless the Chief finds that:
1. 
The time, route or size of the parade or street event will unreasonably disrupt the movement of other traffic.
2. 
The parade or street event is of a size or nature that requires the diversion of so great a number of police officers of the City to properly police the line of movement and the areas and crowds contiguous thereto that allowing the parade or street event would deny reasonable police protection to the City.
3. 
The proposed parade or street event will interfere with another parade or street event for which a permit has been issued.
(b) 
Standard for Denial. The Chief of Police shall deny an application for a parade or street event permit and notify the applicant in writing of such denial and the reasons therefor where:
1. 
The Chief of Police makes any finding contrary to the findings required to be made for the issuance of a permit.
2. 
The information contained in the application is found to be false or nonexistent in any material detail.
3. 
The insurance required under subsection (7) has not been provided or has not been approved by the City Attorney.
4. 
The applicant refuses to agree to abide by or comply with all conditions of the permit.
5. 
The number of permitted street events set forth in subsection (2) has been met.
(7) 
Insurance Required. The application for a license shall be accompanied by a certificate of insurance for comprehensive general liability and automobile liability in at least the following limits of coverage:
Type of Policy
Liability Limits
Comprehensive/General Bodily Injury
$1,000,000 each occurrence
$1,000,000 aggregate
Property Damage
$500,000 each occurrence
$500,000 aggregate
Automobile Liability (Operation of owner, hired and nonowned motor vehicles) Bodily Injury and Property Damage Combined Single Limit
$1,000,000 each occurrence
The certificate of insurance shall have an endorsement to indemnify and hold the City of West Allis harmless from any or all damages, judgments and claims which may be asserted against the City by reason of any damages or injuries sustained by any person or to any property by the parade or street event or participants therein. The certificate of insurance shall also provide that the City be reimbursed for any damages or injury which it sustains by reason of said parade or street event or by the acts of any participant. The certificate of insurance shall be approved as to form by the City Attorney.
(8) 
Cancellation. If, after issuing a parade/street event permit, an emergency arises which may threaten the health, comfort or safety of the general public or the participants of the event, the Chief of Police may cancel the permit and prohibit the proposed event.
(9) 
Appeal Procedure. Upon a denial by the Chief of Police of an application made pursuant to section (4), the applicant may appeal from the Chief's determination within ten (10) days from the date of notification by filing with the City Clerk/Treasurer a written notice of appeal for hearing by the Common Council at its next meeting. Upon such appeal, the Common Council may reverse, affirm or modify, in any regard, the determination of the Chief of Police.
(10) 
Officials to be Notified. Immediately upon the granting of a permit for a parade or street event, the Chief of Police shall send a copy of the permit to the Mayor, Common Council President, Fire Chief and Director of Public Works.
(11) 
Conduct of Parade.
[Ord. 6342, 11/13/1997]
(a) 
No vehicle in a parade shall be operated in such a manner that the tires of the vehicle break traction or squeal due to unnecessary acceleration.
(b) 
No vehicle in a parade shall be operated in such a manner that any of the tires of the vehicle leave the ground while accelerating.
(c) 
No person may sell, give away, possess or use along a parade route, any device which is designed to make noise and is sufficiently loud so as to frighten or startle an animal in the parade, propel a projectile or create an offensive odor. A parade route means the streets of the parade route approved, pursuant to this section, and shall extend twenty-five (25) feet from the curb line of said streets.
(12) 
Penalty.
(a) 
Any person convicted of violating any of the provisions of this ordinance shall forfeit not less than fifty dollars ($50) nor more than five hundred dollars ($500) for each violation, together with the costs of prosecution and, in default of payment thereof, 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 such forfeiture and costs are paid, but not in excess of the number of days set forth in sec. 800.095(4) of the Wisconsin Statutes.
(b) 
Each day's violation shall constitute a separate offense.

6.035 Fair Housing.

[Ord. O-2006-0006, 2/7/2006]
(1) 
Intent. It is the intent of this section to render unlawful discrimination in housing. It is the declared policy of this City that all persons shall have an equal opportunity for housing regardless of sex, race, color, sexual orientation, disability, religion, national origin, marital status, family status, lawful source of income, age or ancestry. The Common Council hereby extends this ordinance governing equal housing opportunities to cover single-family residences, which are owner-occupied. The Common Council finds that the sale and rental of single-family residences constitute a significant portion of the housing business in this City and should be regulated. This section shall be deemed an exercise of the police powers of the City for the protection of the welfare, health, peace, dignity and human rights of the people of this City.
(2) 
Definitions. In this section:
(a) 
"Advertise" means to publish, circulate, issue or display, or cause to be published, circulated, issued or displayed, any communication, notice, advertisement or sign in connection with the sale, financing or rental of housing.
(b) 
"Age," in reference to a member of a protected class, means at least 18 years of age.
(c) 
"Aggrieved person" means a person who claims to have been injured by discrimination in housing or believes that he or she will be injured by discrimination in housing that is about to occur.
(d) 
"Complainant" means a person who files a complaint alleging discrimination in housing.
(e) 
"Conciliation" means the attempted resolution of issues raised by a complaint or by the investigation of the complaint, through informal negotiations involving the aggrieved person, the complainant, the respondent and the City department in charge of handling Fair Housing Complaints.
(f) 
"Condominium" has the meaning given in Wisconsin Statute sec. 703.02(4).
(g) 
"Condominium Association" means an association, as defined in Wisconsin Statute sec. 703.02(1m).
(h) 
"Disability" means a physical or mental impairment that substantially limits one or more major life activities, a record of having such an impairment or being regarded as having such an impairment. "Disability" does not include the current illegal use of a controlled substance, as defined in Wisconsin Statute sec. 961.01(4), or a controlled substance analog, as defined in Wisconsin Statute sec. 961.01(4m), unless the individual is participating in a supervised drug rehabilitation program.
(i) 
"Discriminate" means to segregate, separate, exclude or treat a person or class of persons unequally in a manner described in subsections (3), (4) or (5) because of sex, race, color, sexual orientation, disability, religion, national origin, marital status, family status, lawful source of income, age or ancestry.
(j) 
"Dwelling unit" means a structure or that part of a structure that is used or intended to be used as a home, residence or sleeping place by one person or by two or more persons who are maintaining a common household, to the exclusion of all others.
(k) 
"Family" includes one natural person.
(l) 
"Family status" means any of the following conditions that apply to a person seeking to rent or purchase housing or to a member or prospective member of the person's household regardless of the person's marital status:
1. 
A person is pregnant.
2. 
A person is in the process of securing sole or joint legal custody, periods of physical placement or visitation rights of a minor child.
3. 
A person's household includes one or more minor or adult relatives.
4. 
A person's household includes one or more adults or minor children in his or her legal custody or physical placement or with whom he or she has visitation rights.
5. 
A person's household includes one or more adults or minor children placed in his or her care under a court order, under a guardianship or with the written permission of a parent or other person having legal custody of the adult or minor child.
(m) 
"Hardship condition" means a situation under which a tenant in housing for older persons has legal custody or physical placement of a minor child or a minor child is placed in the tenant's care under a court order, under a guardianship or with the written permission of a parent or other person having legal custody of the minor child.
(n) 
"Housing" means any improved property, or any portion thereof, including a mobile home as defined in Wisconsin Statute sec. 66.0435(1)(d) or condominium, that is used or occupied, or is intended, arranged or designed to be used or occupied, as a home or residence. "Housing" includes any vacant land that is offered for sale or rent for the construction or location thereon of any building, structure or portion thereof that is used or occupied, or is intended, arranged or designed to be used or occupied, as a home or residence.
(o) 
"Housing for older persons" means any of the following:
1. 
Housing provided under any state or federal program that the secretary determines is specifically designed and operated to assist elderly persons, as defined in the state or federal program.
2. 
Housing solely intended for, and solely occupied by, persons 62 years of age or older.
3. 
Housing primarily intended and primarily operated for occupancy by at least one person 55 years of age or older per dwelling unit.
(p) 
"Interested person" means an adult relative or friend of a member of a protected class, or an official or representative of a private agency, corporation or association concerned with the welfare of a member of a protected class.
(q) 
"Member of a protected class" means a group of natural persons, or a natural person, who may be categorized based on one or more of the following characteristics: sex, race, color, disability, sexual orientation as defined in Wisconsin Statute sec. 111.32(13m), religion, national origin, marital status, family status, lawful source of income, age or ancestry.
(r) 
"Relative" means a parent, grandparent, great-grandparent, stepparent, step grandparent, brother, sister, child, stepchild, grandchild, step grandchild, great-grandchild, first cousin, 2nd cousin, nephew, niece, uncle, aunt, stepbrother, stepsister, half brother or half sister or any other person related by blood, marriage or adoption.
(s) 
"Rent" means to lease, to sublease, to let or to otherwise grant for a consideration the right of a tenant to occupy housing not owned by the tenant.
(t) 
"Respondent" means the person, including natural and otherwise, accused in a complaint or amended complaint of discrimination in housing and any other person identified in the course of an investigation as allegedly having discriminated in housing.
(u) 
"Sexual orientation" has the meaning given in Wisconsin Statute sec. 111.32(13m).
(3) 
Discrimination Prohibited. It is unlawful for any person to discriminate:
(a) 
By refusing to sell, rent, finance or contract to construct housing or by refusing to negotiate or discuss the terms thereof.
(b) 
By refusing to permit inspection or exacting different or more stringent price, terms or conditions for the sale, lease, financing or rental of housing.
(c) 
By refusing to finance or sell an unimproved residential lot or to construct a home or residence upon such lot.
(d) 
By advertising in a manner that indicates discrimination by a preference or limitation.
(e) 
For a person in the business of insuring against hazards, by refusing to enter into, or by exacting different terms, conditions or privileges with respect to, a contract of insurance against hazards to a dwelling.
(f) 
By refusing to renew a lease, causing the eviction of a tenant from rental housing or engaging in the harassment of a tenant.
(g) 
In providing the privileges, services or facilities that are available in connection with housing.
(h) 
By falsely representing that housing is unavailable for inspection, rental or sale.
(i) 
By denying access to, or membership or participation in, a multiple listing service or other real estate service.
(j) 
By coercing, intimidating, threatening or interfering with a person in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, a right granted or protected under this section, or with a person who has aided or encouraged another person in the exercise or enjoyment of a right granted or protected under this section.
(k) 
In making available any of the following transactions, or in the terms or conditions of such transactions for a person whose business includes engaging in residential real estate-related transactions:
1. 
The making or purchasing of loans or the provision of other financial assistance for purchasing, constructing, improving, repairing or maintaining housing or the making or purchasing of loans or the provision of other financial assistance secured by residential real estate.
2. 
Selling, brokering or appraising residential real property.
(l) 
By otherwise making unavailable or denying housing.
(4) 
Representations Designed to Induce Panic Sales. No person may induce or attempt to induce a person to sell or rent housing by representations regarding the present or prospective entry into the neighborhood of a person of a particular economic status or a member of a protected class, or by representations to the effect that such present or prospective entry will or may result in any of the following:
(a) 
The lowering of real estate values in the area concerned.
(b) 
A deterioration in the character of the area concerned.
(c) 
An increase in criminal or antisocial behavior in the area concerned.
(d) 
A decline in the quality of the schools or other public facilities serving the area.
(5) 
Discrimination Against Persons with Disabilities Prohibited.
(a) 
Types of discrimination prohibited. In addition to discrimination prohibited under subsections (3) and (4), no person may do any of the following:
1. 
Segregate, separate, exclude or treat unequally in the sale or rental of, or otherwise make unavailable or deny, housing to a buyer or renter because of a disability of that buyer or renter, a disability of a person residing in or intending to reside in that housing after it is sold, rented or made available or a disability of a person associated with that buyer or renter.
2. 
Segregate, separate, exclude or treat unequally a person in the terms, conditions or privileges of sale or rental of housing, or in the provision of services or facilities in connection with such housing, because of a disability of that person, a disability of a person residing in or intending to reside in that housing after it is sold, rented or made available or a disability of a person associated with that person.
3. 
Refuse to permit, at the expense of a person with a disability, reasonable modifications of existing housing that is occupied, or is to be occupied, by such a person if the modifications may be necessary to afford the person full enjoyment of the housing, except that in the case of rental housing the landlord may, where it is reasonable to do so, condition permission for a modification on the tenant's agreement to restore the interior of the housing to the condition that existed before the modification, other than reasonable wear and tear. The landlord may not increase any customarily required security deposit. Where it is necessary to ensure that funds will be available to pay for the restorations at the end of the tenancy, the landlord may negotiate as part of a restoration agreement a requirement that the tenant pay into an interest-bearing escrow account, over a reasonable period, a reasonable amount of money not to exceed the cost of the restorations. The interest in any such account shall accrue to the benefit of the tenant. If escrowed funds are not used by the landlord for restorations, they shall be returned to the tenant.
4. 
Refuse to make reasonable accommodations in rules, policies, practices or services that are associated with the housing, when such accommodations may be necessary to afford the person equal opportunity to use and enjoy housing, unless the accommodation would impose an undue hardship on the owner of the housing.
(b) 
Animals assisting persons with disabilities.
1. 
If an individual's vision, hearing or mobility is impaired, it is discrimination for a person to refuse to rent or sell housing to the individual, cause the eviction of the individual from housing, require extra compensation from an individual as a condition of continued residence in housing or engage in the harassment of the individual because he or she keeps an animal that is specially trained to lead or assist the individual with impaired vision, hearing or mobility if all of the following apply:
a. 
Upon request, the individual shows to the lessor, seller or representative of the condominium association credentials issued by a school recognized by the department as accredited to train animals for individuals with impaired vision, hearing or mobility.
b. 
The individual accepts liability for sanitation with respect to, and damage to the premises caused by, the animal.
2. 
This subsection (Animals assisting persons with disabilities) does not apply in the case of the rental of owner-occupied housing if the owner or a member of his or her immediate family occupying the housing possesses and, upon request, presents to the individual a certificate signed by a physician which states that the owner or family member is allergic to the type of animal the individual possesses.
(6) 
Exemptions and Exclusions.
(a) 
Nothing in this section prohibits discrimination based on age or family status with respect to housing for older persons.
(b) 
Nothing in this section shall prohibit a person from exacting different or more stringent terms or conditions for financing housing based on the age of the individual applicant for financing if the terms or conditions are reasonably related to the individual applicant.
(c) 
Nothing in this section shall prohibit the development of housing designed specifically for persons with disabilities and preference in favor of persons with disabilities in relation to such housing.
(d) 
Nothing in this section requires that housing be made available to an individual whose tenancy would constitute a direct threat to the safety of other tenants or persons employed on the property or whose tenancy would result in substantial physical damage to the property of others, if the risk of direct threat or damage cannot be eliminated or sufficiently reduced through reasonable accommodations. A claim that an individual's tenancy poses a direct threat or a substantial risk of harm or damage must be evidenced by behavior by the individual that caused harm or damage, that directly threatened harm or damage, or that caused a reasonable fear of harm or damage to other tenants, persons employed on the property, or the property. No claim that an individual's tenancy would constitute a direct threat to the safety of other persons or would result in substantial damage to property may be based on the fact that a tenant has been or may be the victim of domestic abuse, as defined in Wisconsin Statute sec. 813.12(1)(am).
(e) 
It is not discrimination based on family status to comply with any reasonable federal, state or local government restrictions relating to the maximum number of occupants permitted to occupy a dwelling unit.
(7) 
Board Created; Membership Terms; Qualifications. There is hereby created a Fair Housing Board, consisting of five (5) members, residents of the City, who shall serve a three (3) year term, except that for the original appointment, two (2) shall be designated as having a three (3) year term, two (2) as having a two (2) year term, and one (1) as having a one (1) year term. The Board shall annually designate one (1) of its members as Chairman and one (1) as Secretary.
(8) 
Appointment of the Board. The members of the Fair Housing Board shall be appointed by the Mayor, subject to the approval of the Common Council.
(9) 
Authority of Board to Adopt Regulations. The Fair Housing Board shall adopt such rules and regulations as may be desirable to carry out the purposes and provisions of this section.
(10) 
Annual Reports of the Board. The Fair Housing Board shall submit an annual report to the Mayor and Common Council concerning the enforcement of this section, including its recommendations relating thereto.
(11) 
Administration.
(a) 
Authority and responsibility. The authority and responsibility for administering this section shall be in the Fair Housing Board of the City of West Allis, Wisconsin.
(b) 
Cooperation of Board and executive departments and agencies in administration of housing and urban development programs and activities to further fair housing purposes. All executive departments and agencies shall administer their programs and activities relating to housing and urban development in a manner affirmatively to further the purposes of this section and shall cooperate with the Board to further such purposes.
(c) 
Functions of Board. The Fair Housing Board may:
1. 
Make studies with respect to the nature and extent of discriminatory housing practices in the City of West Allis;
2. 
Publish and disseminate reports, recommendations, and information derived from such studies;
3. 
Cooperate with and render any technical assistance requested by federal, state, local and other public or private agencies, organizations, and institutions which are formulating or carrying on programs to prevent or eliminate discriminatory housing practices;
4. 
Cooperate with and render such technical and other assistance to the community relations service as may be appropriate to further its activities in preventing or eliminating discriminatory housing practices, and
5. 
Administer the programs and activities under its authority in a manner affirmatively to further the policies of this chapter.
(12) 
Education and Conciliation; Conferences and Consultations; Reports. Immediately after the enactment of this section, the Fair Housing Board may commence such educational and conciliatory activities as in its judgment will further the purposes of this chapter. The Board may call conferences of persons in the housing industry and other interested parties to acquaint them with the provisions of this section and suggest means of implementing it, and may endeavor with their advice to work out programs of voluntary compliance and of enforcement. The Board may consult with federal, state and local officials and other interested parties to learn the extent, if any, to which housing discrimination exists in their locality, and whether and how enforcement programs might be utilized to combat such discrimination in connection with or in place of, the Board's enforcement of this section. The Board shall issue reports on such conferences and consultations as it deems appropriate.
(13) 
Fair Housing Administrative Enforcement.
(a) 
Person aggrieved; complaint; copy; investigation; informal proceedings; violations of secrecy; penalties. Any person who claims to have been injured by a discriminatory housing practice or who believes that he will be irrevocably injured by a discriminatory housing practice that is about to occur (hereafter "person aggrieved") may file a complaint with the City of West Allis Clerk/Treasurer's Office. Complaints shall be in writing and shall contain such information and be in such form as outlined in this section and as required by the Board. If the claim alleges that the City is the discriminatory party, the complaint will be received, but referred to the proper state or federal agency and notice of the same will be provided to the complainant by the City in writing. The Clerk shall refer the complaint to the Community Development Division. Within five (5) days of receipt of the referral of such a complaint, the Manager of the Community Development Division shall furnish a copy of the complaint to each member of the Board, as well as, the person or persons who allegedly committed or are about to commit the alleged discriminatory housing practice and inform said person or persons of his/her right to file an answer to said complaint within twenty (20) days of receipt of the same. Within ten (10) days after receiving a complaint, the Chairman of the Board shall make a determination as to whether or not to convene the Board for the purpose of discussing what action, if any, to take on the complaint. In the event the Chairman convenes the Board, said meeting shall take place no later than forty-five (45) days after the Chairman's receipt of the complaint. In the event the Board determines at a meeting to conduct a formal investigation of the complaint, it shall direct the Manager of the Community Development Division, or his/her designee, to investigate the complaint and report back to the Board within a specified amount of time not to exceed ninety (90) days from said directive of the Board. All other administrative departments of the City shall cooperate as needed in the investigation of the complaint. Within a reasonable time as indicated by the Board, after the completion of the investigation and report to the Board, or after a decision by the Board that no action will be taken on the complaint, the Board shall give notice in writing to the person aggrieved as to whether the Board intends to resolve the complaint. If the Board decides to resolve the complaint, it shall proceed to try to eliminate or correct the alleged discriminatory housing practice by informal methods of conference, conciliation, and persuasion. Nothing said or done in the course of such informal endeavors may be used as evidence in a subsequent proceeding under this section without the written consent of the person concerned. The Board may extend the timeframes as outlined in this subsection only at the discretion of the Board.
(b) 
Complaint; limitations; answers; amendments; verification. A complaint under Subsection (13)(a) shall be filed within one hundred eighty (180) days after the alleged discriminatory housing practice occurred. Complaints shall be in writing and shall state the facts upon which the allegations of a discriminatory housing practice are based. Complaints may be reasonably and fairly amended at any time. A respondent may file an answer to the complaint against him/her and with the leave of the Board, which shall be granted whenever it would be reasonable and fair to do so, may amend his/her answer at any time. Both complaints and answers shall be sworn to before a notary public.
(c) 
Burden of proof. In any proceeding brought pursuant to this section, the burden of proof shall be on the complainant.
(d) 
Other remedies available; private civil actions. Nothing in this section shall be construed as prohibiting or in any way limiting the right of complainants to pursue in any appropriate court, any remedy or cause of action available to him/her under state or federal law.
(e) 
Trial of action; termination of voluntary compliance efforts. Whenever an action filed by an individual, in either federal or state court, pursuant to applicable federal or state laws shall come to trial, the Board shall immediately terminate all efforts to obtain voluntary compliance.
(14) 
Evidence.
(a) 
Investigations; access to records, documents, and other evidence; copying; searches and seizures; subpoenas; interrogatories; administration of oaths. Subject to the provisions of the Fourth Amendment to the United States Constitution relating to unreasonable searches and seizures, the Community Development Division, when conducting an investigation authorized by this section, shall have access at all reasonable times to premises, records, documents, individuals, and other evidence or possible sources of evidence and may examine, record, and copy such materials and take the record of the testimony or statements of such persons as are reasonably necessary for the furtherance of the investigation. The Board may issue subpoenas to compel its access to or the production of such materials, or the appearance of such person, and may issue interrogatories to a respondent, to the same extent and subject to the same limitations as would apply if the subpoenas or interrogatories were issued or served in aid of a civil action in the courts of Wisconsin. The Board may administer oaths.
(b) 
Compensation and mileage fees of witnesses. Witnesses summoned by subpoena of the Board shall be entitled to the same witness and mileage fees as are witnesses in proceedings in the Circuit Courts in the State of Wisconsin. Fees payable to a witness summoned by a subpoena issued at the request of a respondent shall be paid by the respondent.
(c) 
Enforcement of subpoena. In case of contumacy or refusal to obey a subpoena, the Board or other person at whose request it was issued may petition for its enforcement in the Circuit Court of Milwaukee County.
(d) 
Violations; penalties. Any person who willfully fails or neglects to attend and testify or to answer to any lawful inquiry or to produce records, documents, or other evidence, if in his power to do so, in obedience to the subpoena or lawful order of the Board, shall forfeit not more than five hundred dollars ($500.00) as in the discretion of the Board. Any person who, with intent thereby to mislead the Board, shall make or cause to be made any false entry or statement of fact in any report, account, record, or other document submitted to the Board pursuant to his subpoena or other order, or shall willfully neglect or fail to make or cause to be made full, true and correct entries in such reports, accounts, records, or other documents, or shall willfully mutilate, alter, or by other means falsify any documentary evidence, shall forfeit not more than five hundred dollars ($500.00) as in the discretion of the Board. Each day that a violation continues after proper notice has been served shall be deemed a separate offense.
(e) 
City Attorney to conduct litigation. The City Attorney shall represent the Board in all litigation that the Board participates as a party or as amicus pursuant to this section.
(15) 
Hearing Procedures. If the Board finds probable cause to believe that any discrimination has been or is being committed in violation of this section and that such discrimination cannot be eliminated by means of conference, conciliation and/or persuasion, the Board shall issue and serve a written notice of hearing specifying the nature and acts of discrimination of the complaint and/or those found during the investigation which appear to have been committed and requiring the person named, hereinafter called the "respondent," to answer the complaint in a hearing before the Board. The notice shall specify a time of hearing and place of hearing, not less than ten (10) days after service of the complaint. The testimony at the hearing shall be recorded by the Board. If, after the hearing, the Board finds upon majority vote and by a fair preponderance of the evidence that the respondent has engaged in discrimination in violation of this section, the Board shall make written findings and recommend such action by the respondent as will effectuate the purpose of this section and shall serve a certified copy of its findings and recommendations on the respondent and complainant together with an order requiring the respondent to comply with the recommendations. Failure to comply with such order shall be a violation of this section and shall subject the respondent to a forfeiture, as hereafter provided. If the Board finds that the respondent has not engaged in discrimination as alleged in the complaint, it shall serve a certified copy of its findings on the complainant and the respondent, together with an order dismissing the complaint. Where the complaint is dismissed, costs in an amount not to exceed one hundred dollars ($100), plus actual disbursements for the attendance of witnesses, may be recommended by the Board to be assessed against the City and may be paid in the discretion of the Common Council, where proper claim therefore is made by the respondent.
(16) 
Judicial Review. Within thirty (30) days after service upon all parties of an order or determination of the Fair Housing Board under this section, the respondent, the complainant or the aggrieved party may appeal the order or the determination to the Circuit Court for Milwaukee County by the filing of a Petition for Review. The Circuit Court shall review the order or determination of the Fair Housing Board as provided in Wisconsin Statutes secs. 227.52 through 227.58.
(17) 
Damages and Penalties.
(a) 
Any respondent who willfully violates this section, or any lawful order issued hereunder shall, for each such violation, forfeit not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) as in the discretion of the Board. Each day that a violation continues after proper notice has been served shall be deemed a separate offense. In addition to the monetary penalty heretofore stated, the Fair Housing Board may order relief of an injunctive or other equitable manner. The Fair Housing Board may not order punitive damages. Any respondent adjudged to have violated this section within five (5) years after having been adjudged to have violated this section, for every violation committed within five (5) years, shall forfeit not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000) as in the discretion of the Board. Each day that a violation continues after proper notice has been served shall be deemed a separate offense.
(b) 
In addition to any damages ordered under Subdivision (17)(a), any respondent who is not a natural person adjudged to have willfully violated this section, or any lawful order issued hereunder shall, for each such violation, forfeit not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000) as in the discretion of the Board. Each day that a violation continues after proper notice has been served shall be deemed a separate offense. Any respondent who is not a natural person adjudged to have violated this section within five (5) years after having been adjudged to have violated this section, for every violation committed within five (5) years, shall forfeit not less than five thousand dollars ($5,000) nor more than ten thousand dollars ($10,000) as in the discretion of the Board. Each day that a violation continues after proper notice has been served shall be deemed a separate offense.
(c) 
In the event that any person, natural or otherwise, fails to abide by an Order of Relief or Determination issued by the Fair Housing Board, the City Attorney, on behalf of the Fair Housing Board, may petition to the Circuit Court for Milwaukee County to enforce the Order or Determination of the Fair Housing Board.
(18) 
Cooperation with Federal, State and Local Agencies Administering Fair Housing Laws; Utilization of Services and Personnel; Reimbursement; Written Agreements. The Board may cooperate with federal, state and local agencies charged with the administration of fair housing laws and, with the consent of such agencies, utilize the services of such agencies and their employees. In furtherance of such cooperative efforts, the Board may enter into written agreements with such state or local agencies. All agreements and terminations thereof shall be published according to law.
(19) 
Interference, Coercion, or Intimidation; Enforcement by Civil Action. It shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of his having exercised or enjoyed, or on account of his having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by Subsections (3), (4) and (5) of this section. This section may be enforced by appropriate civil action.
(20) 
Discrimination by Licensed or Permitted Persons. If the Board finds probable cause to believe that an act of discrimination has been or is being committed in violation of this section by a person taking an action enumerated under Subsections (3), (4) and/or (5) for which the person is licensed or permitted under City ordinances, the Fair Housing Board shall notify the licensing or permitting body of its findings and shall file a complaint with such body, together with a request that the body initiate proceedings to suspend or revoke the license or permit of such person, or take other less restrictive disciplinary action. Upon filing a complaint hereunder, the Fair Housing Board shall make available to the appropriate licensing or permitting body all pertinent documents and files in its custody and shall cooperate fully with such body in the proceedings.
(21) 
Separability of Provisions. If any provision of this section or the application thereof to any person or circumstances is held invalid, the remainder of the section and the application of the provisions to other persons, not similarly situated or to other circumstances, shall not be affected thereby.

6.036 Emergency Powers.

(1) 
The provisions of this section are based upon the authority of sec. 66.325 of the Wisconsin Statutes.
(2) 
Notwithstanding any other provision of law to the contrary, the Common Council is empowered to declare, by resolution, an emergency existing within the City, whenever conditions arise by reason of war, conflagration, flood, heavy snow storm, blizzard, catastrophe, disaster, riot or civil commotion, acts of God, and including conditions, without limitation because of enumeration, which impair transportation, food or fuel supplies, medical care, fire, health or police protection or other vital facilities of the City. The period of such emergency shall be limited by such resolution to the time during which such emergency conditions exist or are likely to exist.
(3) 
The emergency power of the Common Council includes the general authority to order, by resolution, whatever is necessary and expedient for the health, safety, welfare and good order of the City in such emergency and shall include, without limitation because of enumeration, the power to bar, restrict or remove all unnecessary traffic, both vehicular and pedestrian, from the highways, notwithstanding any provisions of Chapters 341 to 349 of the Wisconsin Statutes, or any other provisions of law. The penalties for violation of any emergency resolution or proclamation adopted, pursuant to the section or pursuant to sec. 66.325 of the Wisconsin Statutes, shall be as provided in Section 6.04 of this Code.
(4) 
If, because of such emergency conditions, the Common Council is unable to meet with promptness, the Mayor or acting Mayor shall exercise, by proclamation, all of the powers herewith conferred upon the Common Council which, within the discretion of the Mayor or acting Mayor, appear necessary and expedient for purposes herein set forth. Such proclamation shall be subject to ratification, alteration, modification or repeal by the Common Council, as soon as the Council can meet, but such subsequent action taken by the Common Council shall not affect the prior validity of said proclamation.
(5) 
Nothing contained in this section shall in any way be considered to contravene the provisions of Section 10.11 of this Code, pertaining to parking during snowstorms or emergencies, and the provisions of said section are hereby expressly preserved; nor shall anything in this section in any way be considered to contravene the civil defense operational survival plan, as heretofore approved and adopted by resolution of the Common Council, or as such civil defense operational survival plan may be hereafter amended by action of the Common Council, and such civil defense operational survival plan, as heretofore adopted or as hereafter amended, is hereby expressly preserved.

6.038 Electioneering.

[Ord. 6085, 3/15/1994]
No person shall solicit votes for any candidate or party or engage in any electioneering whatsoever, within one hundred (100) feet of any entrance to any building containing any polling places, nor shall any person cause any other person to do the same. For purposes of this action, "Electioneering" shall mean any activity which is intended to influence voting at any election. This section shall not apply to signs intended for a political purpose or message placed on private property.

6.04 Penalties.

[Ord. O-2006-0030, 6/6/2006]
Every person, firm or corporation convicted of a violation of any of the provisions of the following enumerated section or subsections shall, for each offense, be punished by the forfeiture set forth, together with the costs of prosecution:
(1) 
A forfeiture not to exceed fifty dollars ($50) for a violation of any of the following:
6.01(3)
6.02(21) - 1st Offense
6.03(1), (2), (3) or (5)
(2) 
A forfeiture not to exceed one hundred dollars ($100) for a violation of any of the following:
6.01(1), (2)
6.02(18)
6.02(21) - 2nd Offense
6.025
6.03(7)
6.031
6.038
(3) 
A forfeiture not to exceed two hundred dollars ($200) for each day a violation of section 6.01(4) continues.
(4) 
A forfeiture not to exceed three hundred dollars ($300) for a violation of the following:
6.03(4)
(5) 
A forfeiture not to exceed five hundred dollars ($500) for a violation of any of the following:
6.02(7), (8), (9), (10), (11), (12), (13), (14), (16) or (19)
6.02(21) - 3rd Offense
6.026
6.03(6)
(6) 
In default of payment of such forfeiture and costs, by imprisonment in the Milwaukee County House of Correction or Milwaukee County Jail until payment of such forfeiture and costs, but not in excess of the terms set forth in sec. 800.095(a) of the Wisconsin Statutes, or by suspension of operating privileges, pursuant to secs. 343.30 and 345.47 of the Wisconsin Statutes. Each and every day during which a violation continues constitutes a separate offense.
(7) 
Carrying Dangerous Weapons.
(a) 
Definition. "Dangerous weapon" means any firearm, whether loaded or unloaded; any device designed as a weapon and capable of producing death or great bodily harm; any electric weapon; or, any other device or instrumentality which, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm.
(b) 
If a person violates any provision of Section 6.02 of this Code, while possessing, using or threatening to use a dangerous weapon, the penalty shall be increased two hundred dollars ($200).

6.05 Citations for Certain Ordinance Violations.

(1) 
Authority. Pursuant to sec. 66.119 of the Wisconsin Statutes, the citation method of enforcement of ordinances is hereby adopted and authorized for use within the City.
(2) 
Citations.
(a) 
The form of the citation shall be determined by the Chief of Police and shall provide the following:
1. 
The full name and address of the alleged violator;
2. 
The factual allegations describing the alleged violation;
3. 
The time and place of the offense;
4. 
The section of the ordinance violated;
5. 
A designation of the offense in such a manner as can be readily understood by a person making a reasonable effort to do so;
6. 
The time at which the alleged violator may appear in court;
7. 
A statement which in essence informs the alleged violator:
a. 
That a cash deposit of a specified amount may be mailed to the West Allis Police Department prior to the scheduled court appearance;
b. 
That if a cash deposit is tendered, the alleged violator need not appear in court unless subsequently summoned;
c. 
That if the alleged violator does make a cash deposit and does not appear in court, the court will deem the alleged violator to have tendered a plea of no contest and submitted to a forfeiture not to exceed the amount of deposit or, if the court does not accept the plea of no contest, the alleged violator will be summoned into court to answer the complaint;
d. 
That if the alleged violator does not make a cash deposit and does not appear in court at the time specified, an action may be commenced to collect the forfeiture, a warrant may be issued or a default judgment taken;
8. 
A direction that an alleged violator electing to make a cash deposit shall sign an appropriate statement accompanying the citation, which indicates that the alleged violator has read the statement required under subsection 7. herein and shall send the signed statement with the cash deposit; and,
9. 
Such other information as the Chief of Police may deem necessary.
(b) 
The enforcement of an alleged violation for which a citation is issued shall be in accordance with the provisions of sec. 66.119(3) of the Wisconsin Statutes.
(c) 
If the action is to be in municipal court, the citation under sec. 800.02(2) of the Wisconsin Statutes shall be used.
(3) 
Schedule of Deposits. The schedule of cash deposits set forth in Section 2.19(8) of this Code is adopted for use with citations issued under this section.
(4) 
Issuance of Citations.
[Ord. 6310, 5/6/1997]
(a) 
Any law enforcement officer may issue citations for enforcement of any ordinance authorized under this section.
(b) 
Any building inspector may issue citations for enforcement of the Building or Zoning Code and Section 6.015 with respect to vehicles parked on private property.
(5) 
Nonexclusivity. The adoption of this section shall not preclude the Common Council from adopting any other ordinance or providing for the enforcement of any other law or ordinance relating to the same or any other matter. The issuance of a citation under this section shall not preclude the proceeding under any other ordinance or law relating to the same or any other matter.
(6) 
Severability. If any provision of this section is found invalid or unconstitutional, or if the application of this section to any person or circumstances is invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the provisions or application of this section which can be given effect without the invalid or unconstitutional provisions or application.

6.06 Truancy.

[Ord. 6365, 2/17/1998; Ord. 6394, 9/1/1998]
(1) 
Adoption of State Statute. Section 118.163 of the Wisconsin Statutes, as it relates to truancy, is hereby adopted as if fully set forth herein.
(2) 
Prohibition of Truancy and Habitual Truancy. It shall be unlawful for any pupil to be a truant or a habitual truant from any school in the School District of West Allis - West Milwaukee. Pursuant to Sec. 938.17(2)(a)2.b of the Wisconsin Statutes, the Municipal Court of the City of West Allis shall exercise jurisdiction over any pupil alleged to be habitually truant from a West Allis - West Milwaukee School District school, regardless of location.
(3) 
Mandatory Appearance. Any citation issued for Habitual Truancy shall be returnable in the Municipal Court, shall state on its face that it is a "Must Appear" citation and shall have no forfeiture amount written on the face of the citation.
(4) 
Dispositions. Upon finding a finding of guilt, the Municipal Court shall impose one or more of the dispositions set forth in Secs. 118.163(2)(a), (b), (d), (e), (g), (h), (i), (j) or (k) of the Wisconsin Statutes for habitual truancy or the dispositions set forth in Sec. 118.163(lm) for truancy.
(5) 
Summons of Parent. Pursuant to Sec. 938.17(2)(cg) of the Wisconsin Statutes, the Municipal Judge may issue a summons requiring the partner, guardian or legal custodian of the pupil to appear with the pupil.
(6) 
Compulsory School Attendance.
(a) 
Any person who has a child under his control, which child is between the ages of six (6) and eighteen (18) years old and which child attends school within the jurisdiction of the West Allis Municipal Court, as set forth in Sec. 938.17(2)(a)2 of the Wisconsin Statutes, is required to ensure that the child attends school, pursuant to the provisions of Sec. 118.15 of the Wisconsin Statutes.
(b) 
The penalty for violation of this subsection shall be a forfeiture of not less than one hundred dollars ($100) nor more than five hundred dollars ($500.), together with the costs of prosecution and, in default of payment of said forfeiture and costs, suspension of the defendant's operating privileges, pursuant to Secs. 343.30 and 345.47 of the Wisconsin Statutes, or by imprisonment in the Milwaukee County House of Correction or Milwaukee County Jail 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.
(7) 
Taking of a Truant Pupil into Custody. A police officer may take a juvenile into custody, pursuant to Sec. 938.19(1)(d)10 of the Wisconsin Statutes, if the officer has reasonable grounds to believe that the juvenile is absent from school without an acceptable excuse under Sec. 118.15 of the Wisconsin Statutes.

6.07 Banning Synthetic Marijuana.

[Ord. O-2010-0045, 11/3/2010]
(1) 
Declaration of intent.
(a) 
Whereas, the open sale of synthetic marijuana, commonly known as "K-2," "Spice," or by other street names, at convenience stores and other retailers, and the public consumption and use of so-called incense products and herbal potpourris is on the rise; and
(b) 
Whereas, these synthetic marijuana products, which sell for as much as forty dollars ($40.) a gram, are believed to be potpourri-like blends of herbs and marijuana-derivatives formulated in research labs as scientists study their possible therapeutic use (e.g., pain management for cancer patients) and promise users an intoxicating, "legal" high every bit as intense as natural marijuana that will not show up on employer drug screens; and
(c) 
Whereas, the marijuana derivatives used in these synthetic marijuana products have yet to be tested by the FDA and certified as safe for human consumption, and because they are sold as incense or potpourri, there is no health or quality assurance regulation to ensure these products are safe; and
(d) 
Whereas, some scientific articles indicate synthetic marijuana may be between three (3) and one hundred (100) times more potent than natural marijuana with longer duration; and
(e) 
Whereas, the American Association of Poison Control Centers reports one thousand five hundred three (1,503) synthetic-marijuana-related calls through September 27, 2010, up from only thirteen (13) in 2009; and
(f) 
Whereas, the National Drug Intelligence Center of the U.S. Department of Justice indicates the adverse effects of synthetic marijuana, when smoked, include panic attacks, anxiety, elevated pulse and blood pressure, numbness, tingling, intense hallucinations, vomiting, and in some cases, seizures; and
(g) 
Whereas, users of these synthetic marijuana potpourri products often present in emergency rooms in highly anxious and agitated states requiring repeated doses of sedatives not typically associated with either marijuana or synthetic marijuana use, suggesting these products may be contaminated by unknown harmful chemicals; and
(h) 
Whereas, the death by suicide of an Iowa teenager has been linked by some to synthetic marijuana use, although the cause is still under investigation; and
(i) 
Whereas, a twenty-eight-year-old mother in Indiana passed away after smoking a lethal dose of K2, and a nineteen-year-old Texas man died after smoking K2; and
(j) 
Whereas, a nineteen-year-old Waukesha man, while under the influence of K2, drove on a highway in the wrong direction, led police on a high-speed chase, and was fatally injured when he crashed into a tow truck; and
(k) 
Whereas, a twenty-five-year-old Wisconsin man suffered hallucinations, panic attacks, and agitation after taking K2 and required a three-month stay in the hospital due to the drug's side effects; and
(l) 
Whereas, the risk to the health, safety and welfare of West Allis residents from using synthetic marijuana is of deep concern; now, therefore, it is determined that it is in the best interest of the health, safety and welfare of the community to establish reasonable regulations for the possession of synthetic marijuana, and to such purpose this section is hereby enacted.
(2) 
Possession, Sale, and Use Prohibited. No person or entity shall possess, purchase, display for sale, attempt to sell, give, barter or use any chemical derivative of marijuana or any other substance designed to mimic the physical, psychological, intoxicating, narcotic, or other effects of marijuana.
(3) 
Medical and Dental Use Exception. Acts prohibited under Subsection (2) shall not be unlawful if done by or under the direction or prescription of a licensed physician, dentist, or other medical health professional authorized to direct or prescribe such acts, provided such use is permitted under state and federal laws.
(4) 
Penalties. Any person or entity violating Subsection (2) of this section shall be required to forfeit not less than two hundred dollars ($200.) nor more than one thousand dollars ($1,000.). Any person or entity who violates Subsection (2) by offering synthetic marijuana for sale, displaying it for sale, or selling it shall be required to forfeit not less than four hundred dollars ($400.) nor more than two thousand dollars ($2,000.). The person or entity shall be required to pay the costs of prosecution. In default of payment thereof, the person shall be imprisoned in the Milwaukee County House of Correction until such forfeiture and costs are paid, but not more than the number of days set forth in Section 800.095(4) of the Wisconsin Statutes. Each and every day that an offense continues constitutes a separate offense.
(5) 
Severability. If any part of this section is found to be unconstitutional or otherwise invalid, the validity of the remaining parts shall not be affected.

6.08 Weapons in City-Owned Buildings.

[Ord. O-2011-0064, 9/20/2011]
(1) 
Definitions. In this section:
(a) 
"Carry" means to go armed with, whether concealed or not.
(b) 
"Dangerous weapon" means any firearm, whether loaded or unloaded; any illegal knife or knife with a blade longer than three (3) inches; any club or sap; any electric weapon as defined in Section 941.295, Wis. Stat., any device designed as a weapon and capable of producing death or great bodily harm; or any other device or instrumentality which, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm.
(c) 
"City-owned public building" means all buildings owned by the City, including the Farmer's Market, held out to the public for conducting the affairs of the City.
(d) 
"Sap" means a blackjack or other object used as a bludgeon.
(2) 
Prohibition. No person may carry a dangerous weapon into a City-owned public building. Every City-owned public building shall be posted with signs in conformance with Subsection 943.13(2)(bm)2.am., Wis. Stat.
(3) 
Exemptions. This ordinance shall not apply to:
(a) 
Law enforcement officers as defined in Subsection 175.49(1)(g), Wis. Stat.
(b) 
A person authorized pursuant to Subsection 941.235(2)(a), Wis. Stat.
(c) 
A person authorized to carry a weapon under Subsections 175.60(16)(b)2 and 3.
(4) 
Penalty. Any person who violates this section may be prosecuted under this section or pursuant to Subsection 6.02(3) as it adopts Section 943.13, Wis. Stat., and shall forfeit not more than one thousand dollars ($1,000.), together with the costs of prosecution and, in default of payment thereof, punishment shall be suspension of the defendant's operating privilege pursuant to Sections 343.30, 345.47 and 800.095(1)(a) of the Wisconsin Statutes or by imprisonment in the Milwaukee County House of Corrections or Milwaukee County Jail until payment of the forfeiture and costs, but not in excess of the number of days set forth in Subsection 800.095(1)(b), Wis. Stat.

6.09 No Trespass Orders for City Parks.

[Ord. O-2012-0038, 9/18/2012]
(1) 
Definitions. As used in this section.
(a) 
"Parks" means all lands that are designated as City parks or playgrounds within the City of West Allis, including Garfield School, Honey Creek, Klentz, Kopperud, Liberty Heights, North Greenfield Railroad Station Park, Joyce Radtke, Reservoir, Rogers and Veterans' Housing and Memorial Parks; and McKinley Park, Rogers, and Washington playgrounds.
(b) 
"Assault" means any intentional act to harmfully or offensively contact another person, including attempts or threats.
(c) 
"Sexual act" means any act of masturbation, sexual gratification, sexual intercourse, physical contact with or exposure of a person's genital or pubic area, buttocks, or, if the person is a female, breast (excluding a mother breast-feeding a child).
(2) 
Authority. The Police Department has the authority to issue and serve no trespass orders informing the recipient that he or she is prohibited from entering or remaining in or upon any or all City parks.
(3) 
An officer may issue an order to a person if:
(a) 
Said person has received a municipal citation for an incident that occurred in a park; or
(b) 
A police officer has probable cause to believe said person has done one (1) or more of the following while in a park:
1. 
Committed an assault on another person;
2. 
Sold or consumed alcohol;
3. 
Sold, possessed, or used illegal drugs;
4. 
Brandished or used any weapon, excluding bats or other devices used during a sporting event in the context of a game;
5. 
Caused damage, including graffiti, to any park property;
6. 
Committed a sexual act;
7. 
Acted in a violent, indecent, profane, abusive, unreasonably loud, or otherwise disorderly manner.
(4) 
Order must be in writing. All orders shall be in writing and contain the following elements:
(a) 
The name of the prohibited person;
(b) 
The signature of the issuing police officer;
(c) 
The date of issuance;
(d) 
The reason for issuance;
(e) 
The duration of the order, up to one (1) year;
(f) 
A list of the prohibited park(s);
(g) 
Notice of the penalties for an act in violation of the order; and
(h) 
Notice of the right to appeal the order's issuance.
(5) 
Appeal. A recipient of a no trespass order may appeal issuance or terms of the order by submitting a written appeal to the City Clerk.
(a) 
Such appeal shall be in writing, and shall be filed with the City Clerk within ten (10) calendar days of issuance of the no trespass order.
(b) 
Hearing. The Public Works Committee shall hold a hearing to make a final determination of the validity of the no trespass order.
1. 
The City Clerk shall notify the appellant and the City Attorney of the hearing date, time, and location, and shall schedule the hearing no more than thirty (30) days after the appeal is filed.
2. 
Proof of a conviction in municipal or circuit court from the incident that led to the issuance of the no trespass order shall be sufficient cause to uphold the issuance of the no trespass order.
(6) 
Penalty. Any person who violates any provision in this section shall, upon conviction, pay a forfeiture not to exceed five hundred dollars ($500.), together with the costs of prosecution, and upon default of payment thereof, shall be imprisoned in the House of Correction until such forfeiture and costs are paid, but not more than the number of days set forth in Wis. Stats. § 800.095(4). Each and every day of violation constitutes a separate offense.