City of West Allis, WI
Milwaukee County
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Table of Contents
Table of Contents
Notes
Ordinance to Create
Created: 2017-05-02
See Ordinance O-2017-0017 to create section 10.22, effective May 5, 2017.

10.001 Definitions.

[Ord. O-2005-0040, 8/2/2005]
For purposes of this Chapter, unless expressly indicated otherwise, the definitions of words and phrases contained in Secs. 23.33, 340.01, 343.01 and 348.01 of the Wisconsin Statutes, as the same may be from time to time amended, are hereby adopted and by record made a part hereof with the same force and effect as if fully set forth herein.

10.01 Traffic and Vehicle Regulations.

[Ord. O-2005-0040, 8/2/2005; Ord. O-2014-0093, 12/16/2014]
(1) 
State Traffic Forfeiture Laws Adopted. Except as otherwise provided herein, all provisions of Chapters 340, 341, 342, 343, 344, 345, 346, 347, 348 and 350 and Sections 23.33, 218.20, 218.23, 218.30, 218.33, and 941.01 of the Wisconsin Statutes, as the same may be from time to time amended, describing and defining regulations with respect to traffic, vehicles, pedestrians, snowmobiles, and bicycles, are hereby adopted and by reference made a part of this section with the same force and effect as is fully set forth herein. Any act required to be performed or prohibited by any statutes incorporated hereby by reference is required or prohibited by this section.
(2) 
Penalties.
(a) 
The penalty for violation of a provision of this section shall be a forfeiture, as hereinafter provided, together with costs, fees, and surcharges imposed, as provided in Sections 23.33, 345.20, and 345.53 of the Wisconsin Statutes.
(b) 
Forfeitures for violation of any provisions of the Wisconsin Statutes adopted by reference in subsection (1) shall conform to the forfeitures for violation of the comparable state offense, including any variations or increases for second or subsequent offenses, as set forth in the Wisconsin Revised Uniform State Traffic Deposit Schedule created under Section 345.26(2)(a) of the Wisconsin Statutes, as it is from time to time amended.
(c) 
In default of payment of any forfeiture, costs, fees, or surcharges imposed, pursuant to subsections (a) and (b) above, punishment shall be by imprisonment in the county jail or county house of correction until said forfeiture and costs are paid in full, but not in excess of the terms set forth in Wisconsin Statute Section 800.095(1)(b)1, or by suspension of operating privileges, pursuant to Wisconsin Statute Sections 343.30, 345.47, and 800.095(1)(a).
(3) 
Enforcement. This section shall be enforced in accordance with the provisions of Wisconsin Statute Sections 23.33, 66.0114, and 345.20 to 345.53.
(4) 
Deposits. Deposits may be made by persons arrested without a warrant for violations of this section in accordance with the provisions of Wisconsin Statute Section 345.26. All deposits shall be mailed or delivered to the West Allis Police Department. The basic amount of deposit shall be in accordance with the schedule established under Wisconsin Statute Section 345.26 (2)(a) and shall include all applicable costs, fees, and surcharges.
(5) 
Forfeitures in Treasury. The Police Department shall deliver all deposits submitted under this section to the Treasurer within twenty (20) days after receipt.

10.02 Special Speed Limits.

(1) 
In addition to complying with the speed restrictions in Section 10.01(1), no person shall drive a vehicle at a speed in excess of the limits hereinafter provided on the following designated streets:
(a) 
40 Mile Zone.
[Ord. 6607, 2/5/2002]
South 108 Street from North City Limits to South City Limits
West Greenfield Avenue from South 116 Street to South 124 Street
(b) 
35 Mile Zone.
[Ord. 5863, 11/5/1991; Ord. 5864, 11/5/1991; Ord. 6496, 2/15/2000; Ord. 6607, 2/5/2002; Ord. O-2016-0033, 8/2/2016]
South 76 Street from West Beloit Road to West Oklahoma Avenue
South 124 Street from West Cleveland Avenue to West Greenfield Avenue
West Cleveland Avenue from Hale Creek Bridge to South 124 Street
South Curtis Road from North City Limits to South 116 Street
West Greenfield Avenue from South 100 Street to South 116 Street
West Lincoln Avenue from South 102 Street to South 124 Street
West National Avenue from West Lincoln Avenue to West Oklahoma Avenue
West Oklahoma Avenue from East City Limits to South 124 Street
(c) 
30 Mile Zone.
[Ord. 5863, (repealing portion), 11/5/1991; Ord. 5864 (repealing portion), 11/5/1991; Ord. 6496, 2/15/2000; Ord. O-2016-0024, 5/3/2016; Ord. O-2016-0033, 8/2/2016]
South 60 Street from North City Limits to South City Limits
South 68 Street from West Lincoln Avenue to West Arthur Avenue
South 70 Street from North City Limits to West Mitchell Street
South 76 Street from North City Limits to West Greenfield Avenue
South 76 Street from West Lincoln Avenue to West Beloit Road
South 84 Street from North City Limits to West Greenfield Avenue
South 84 Street from West Lincoln Avenue to West Oklahoma Avenue
South 92 Street from North City Limits to West Greenfield Avenue
South 92 Street from West Lincoln Avenue to West Oklahoma Avenue
South 102 Street from West Lincoln Avenue to West Oklahoma Avenue
South 116 Street from West Greenfield Avenue to West Lincoln Avenue
South 124 Street from West Morgan Avenue to West Cleveland Avenue
West Arthur Avenue from South 102 Street to South 108 Street
West Becher Place from West Burnham Street to West Becher Street
West Becher Street from West Becher Place to National Avenue
West Beloit Road from East City Limits to West Oklahoma Avenue
West Burnham Street from the East City Limits to West Becher Street
West Cleveland Avenue from East City Limits to South 76 Street
West Cleveland Avenue from South 84 Street to South 108 Street
West Greenfield Avenue from East City Limits to South 70 Street
West Greenfield Avenue from South 76 Street to South 100 Street
West Hayes Avenue from South 102 Street to South 108 Street
West Lincoln Avenue from East City Limits to South 102 Street
West Mitchell Street from the East City Limits to South 70 Street
West Morgan Avenue from South 108 Street to South 124 Street
West National Avenue from the East City Limits to West Lincoln Avenue
West Schlinger Avenue from South 84 to South 100 Street
West Theodore Trecker Way from South 108 Street to South 116 Street
(d) 
20 Mile Zone.
[Ord. 5919, 6/16/1992]
South 62 Street in the 1500 Block
West Cleveland Avenue east of South 84th Street into McCarty Park
West Lapham Street in the 6000 and 6100 Blocks
West Orchard Street in the 6000 and 6100 Blocks
West Washington Street from South 106 Street to South 108 Street
(2) 
The fines and stipulation deposits for violations of the speed limits indicated in this section shall be the same as those provided in Section 10.01(1) of this Code, under the reference to §§ 346.57(4)(d), (e), (f), (g) and (h) and (5) of the Wisconsin Statutes, and subject to the provisions of Sections 10.01(2) and (3) of this Code.

10.025 Standards for Vehicle Equipment.

[Ord. 6239, 8/6/1996]
All provisions of Chapter Trans 305 of the Wisconsin Administrative Code are hereby adopted by reference and made a part of this section with the same force and effect as if fully set forth herein.

10.0255 Use of Neighborhood Electric Vehicles (NEVs) on City Streets.

[Ord. O-2008-0004, 3/18/2008. Part II of this ordinance reads as follows: "The City Engineer shall notify the Wisconsin Department of Transportation ("WDOT") of the passage of this ordinance pursuant to Sec. 349.26(3), Wis. Stat., and identify each connecting highway or state trunk highway intersection to which the ordinance will apply. If the WDOT approval is obtained, this ordinance shall be effective throughout the City. If the WDOT denies the City's request, in whole or in part, no person may lawfully use a neighborhood electric vehicle to cross a connecting highway or state trunk highway to which the WDOT has refused permission to cross." Consult the City for information on the action taken by WDOT.]
(1) 
Definition. "Neighborhood electric vehicle" means a self-propelled motor vehicle that has successfully completed the neighborhood electric vehicle America test program conducted by the Federal Department of Energy and that conforms to the definition and requirements for low-speed vehicles as adopted in the Federal Motor Vehicle Safety Standards for low-speed vehicles under 49 CFR 571.3(b) and 571.500.
(2) 
Requirements. Neighborhood electric vehicles shall be four-wheeled and have a speed range of at least twenty (20) miles per hour and not more than twenty-five (25) miles per hour on a paved surface, and have a gross vehicle weight at rest of less than two thousand five hundred (2,500) pounds. Neighborhood electric vehicle does not include an electric golf cart and shall have:
(a) 
Headlamps.
(b) 
Front and rear turn signals.
(c) 
Stop lamps.
(d) 
Reflex reflectors: one red on each side as far to the rear as practicable, and one red on the rear.
(e) 
An exterior mirror mounted on the driver's side and either an exterior mirror on the passenger side or an interior rearview mirror.
(f) 
Parking brake.
(g) 
Windshield that conforms to the requirements of the Federal Motor Vehicle Safety Standard on glazing materials as provided in CFR 571.205.
(h) 
A vehicle identification number that complies with federal law as provided in 49 CFR 565.
(i) 
A Type 1 or Type 2 seatbelt assembly conforming to 49 CFR 571.209, and Federal Motor Safety Standard No. 209, for each designated seating position.
(j) 
Meets the general test conditions under 49 CFR 571.
(3) 
License. Neighborhood electric vehicles shall be registered, titled and licensed by the State of Wisconsin.
(4) 
Permitted Users. To use a neighborhood electric vehicle on the streets of the City of West Allis, the operator shall have a valid Wisconsin driver's license.
(5) 
Permitted Use. A licensed individual may operate a neighborhood electric vehicle on those City streets having a posted speed limit of thirty-five (35) miles per hour or less, and headlamps must be on during operation.
(6) 
Operation. The operation of neighborhood electric vehicles as permitted herein shall in all respects be in compliance with Chapter 10.

10.03 Authority of Police.

(1) 
To Direct Traffic; Fire and Emergency. The Police Department of the City shall enforce the provisions of this Chapter. Officers of the Department may direct all traffic either in person or by means of visible or audible signals in conformity with the provisions of this Chapter. In the event of a fire or other emergency, or to expedite traffic or safeguard pedestrians, police and traffic officers and officers of the Fire Department may direct traffic as conditions may require, notwithstanding the provisions of this Chapter.
(2) 
Emergency Regulations. The Police Department may make and enforce regulations necessary to make effective the provisions of this Chapter, and may make and enforce temporary regulations to cover emergencies or special conditions.
(3) 
Whenever any police officer finds a vehicle standing upon a highway in violation of a prohibition, limitation or restriction on stopping, standing or parking, as provided in this Chapter, he or someone on his behalf at his direction is authorized to move such vehicle or to require the owner or operator in charge thereof to move such vehicle to a position where parking is not prohibited. In the event the officer moves or causes or has attempted to cause the vehicle to be moved by someone other than the owner or operator in charge thereof, an additional amount, as provided for such removal in the current City Vehicle Towing Contract, shall be added to the stipulation deposit or forfeiture otherwise imposed for such violation. The officer shall be deemed to have attempted to cause the vehicle to be moved if he has made actual contact with someone other than the owner or operator in charge thereof to come and remove the vehicle and before such removal is effected, the owner or operator in charge thereof moves the vehicle.

10.035 Authority of Director of Public Works.

[Ord. 6364, 2/3/1998; Ord. O-2008-0025, 6/3/2008; Ord. O-2016-0057, 12/6/2016]
The Director of Public Works and those employees designated by the Director may enforce the snow emergency regulations set forth in Section 10.11, in addition to police officers. The Director and designated employees shall have the authority to issue parking citations and have a vehicle in violation of Section 10.11 towed, pursuant to Section 9.24(b). A police officer shall also have the authority to issue a parking citation and have a vehicle towed that is parked in violation of Section 10.11 when the vehicle inhibits the efficient removal of snow from a street or municipal parking lot during a snow plowing operation.

10.04 Through Streets and Stop Intersections.

Notes
Ordinance 0-2017-0015
Created: 2017-05-02|Updated: 2017-05-02
See Ordinance O-2017-0015 to repeal Ordinance No. 2889, that part which pertains to the prohibition of heavy truck traffic on S. 67 Pl. from W. Rogers St. to W. Becher St., effective April 7, 2017.
(1) 
Designation. All enactments by the Common Council, pursuant to Secs. 349.07 and 349.08 of the Wisconsin Statutes, designating and establishing arteries for through traffic, or designating stop intersections or designating a yield right of way intersection, or designating intersections controlled by traffic controlled signals, or designating automobile stops for the protection of school children, are incorporated into this Chapter by reference, and the City Clerk shall keep a record of all such enactments, including any amendments or additions thereto.
(1a) 
Turns at Traffic Signals. All enactments by the Common Council, pursuant to Sec. 346.37(1)(c)1. of the Wisconsin Statutes, relating to the regulation of vehicular turning movements at a red traffic control signal, are incorporated into this Chapter by reference, and the City Clerk shall keep a record of all such enactments, including any amendments or additions thereto.
(2) 
Erection of Signs. A stop sign shall be placed on each street intersection, such street or portion thereof, designated as an artery for through traffic. Every stop sign shall be located as close as practicable to the nearest line of the crosswalk on the approach side of the intersection, or, if none, at the nearest line of the intersecting roadway.
(3) 
Vehicles to Stop. Every operator of a vehicle approaching an official stop sign shall cause such vehicle to stop in the manner prescribed by Sec. 346.46 of the Wisconsin Statutes.

10.05 One-Way Streets and Alleys.

(1) 
One-Way Streets and Alleys.
(a) 
Designation. All enactments by the Common Council, pursuant to Sec. 349.10 of the Wisconsin Statutes, designating one-way streets and alleys, are incorporated into this Code by reference; and, the City Clerk shall keep a record of such enactments, including any amendment and additions thereto.
(b) 
Erection of Signs. Proper signs indicating the direction of lawful traffic movement shall be placed at every intersection where movement of traffic in the opposite direction is prohibited.
(c) 
Vehicular Traffic Regulated. On all one-way streets and alleys, vehicular traffic shall move only in the indicated direction when signs indicating the direction of traffic have been erected.

10.06 Heavy Traffic and Trucking.

(1) 
Heavy Traffic Defined. In this section, "heavy traffic vehicle" means all vehicles not operating completely on pneumatic tires and all vehicles or combination of vehicles, designed or used for transportation of people or property of any nature and having a gross weight of more than six thousand (6,000) pounds.
(2) 
Closed Street Designations. All enactments of the Common Council made, pursuant to Sec. 349.17 of the Wisconsin Statutes, designating streets to be closed to heavy traffic are incorporated into this Code by reference; and, the City Clerk shall keep a record of such enactments, including any amendments or additions thereto.
(3) 
Heavy Traffic Prohibited. No person shall operate, park or leave standing on any street or portion thereof in a Residential District, as defined by the Zoning Code of the City, or on any other street or portion thereof designated by sign indicating such restriction, any heavy traffic vehicle. The prohibition hereby imposed shall not apply to the ordinary use of such streets for the purpose of picking up or dropping off passengers, obtaining orders for supplies or moving or delivering supplies or commodities to or from any place of business or residence fronting on such street.
(a) 
The Director of Public Works may temporarily allow heavy traffic vehicles on no trucking routes after conferring with the District Alderpersons.
[Ord. O-2014-0031, 5/20/2014]
(4) 
Temporary Closing by Director of Public Works.
(a) 
Authority of Director of Public Works. The Director of Public Works may temporarily prohibit or regulate the movement of trucks or other vehicles of any nature whatsoever in excess of a gross weight of four thousand (4,000) pounds upon any gravel, dirt or non-hard surfaced street or alley for such length of time as may be necessary to prevent the street or alley from being damaged or rendered impassable by reason of such traffic. The Director may permit, by written order only and under appropriate safeguards, the delivery of emergency supplies and fuel, a separate order to be issued and applied to each delivery.
(b) 
Posting of Signs. The Director may erect suitable signs along such streets or alleys giving notification of the temporary prohibition or regulation. The temporary regulation of trucks and vehicles shall become effective on the day following the placing of signs and shall remain in force until the signs are removed.
(5) 
Unloading During Night. It shall be unlawful for any person to load or unload a delivery truck in any alley within one hundred (100) feet of a residential quarter between 10 p.m. and 7 a.m.
(6) 
Hauling Sand and Garbage.
(a) 
Canvas Covers for Foundry Sand. No vehicle shall be operated or moved on any street hauling foundry sand or other material or contents likely to be blown or scattered about the streets without such load being securely confined and covered by a canvas or other suitable covering so as to effectively eliminate the blowing or scattering of the contents.
(b) 
Covers for Garbage and Refuse. No vehicle hauling or containing garbage, refuse or like material hazardous to health shall be operated or moved on any street without such load being secured, confined and covered by a canvas or other suitable covering.
(7) 
Parking Prohibited. No persons shall permit a heavy traffic vehicle to remain parked on any streets or parts of streets designated as closed to heavy truck traffic after proper signs indicating such restrictions have been erected; provided, however, that the ordinary use of such streets for the purpose of picking up or dropping off passengers, obtaining orders for supplies or moving or delivering supplies or commodities to or from any place of business or residence parking on such street, shall be permitted. For purposes of this section, "ordinary use" shall not include overnight parking, parking adjacent to driver's or operator's residence, or any parking or standing not directly related to, or exceeding the duration of obtaining orders or moving or delivering supplies or commodities.

10.065 Loading and Special Parking Zones.

(1) 
Definitions.
(a) 
Loading Zone. For the purpose of this section, a loading zone is defined as that portion of a public street adjacent to a curb or property line reserved for the exclusive use of vehicles loading or unloading passengers or material.
(b) 
Special Parking Zone. For the purpose of this section, a special parking zone is defined as that portion of a public street adjacent to a curb or property line where parking is limited to thirty (30) minutes or less.
(2) 
Prior Permits Revoked. No loading zone or special parking zone permits shall be valid, except as authorized by Subsection (3). All permits for loading zones or special parking zones granted before the effective date of this section are hereby revoked and may be reissued only in accordance with the provisions of Subsection (3).
(3) 
Permit Required. Loading and special parking zone permits shall be issued by the Director of Public Works after review and approval of the City Engineer. Application for such permit shall be made by the owner or lessee of property abutting the loading or special parking zone areas, shall be made in writing on forms provided and shall be issued upon payment of the fees hereinafter specified. If the application for a permit is denied by the Director of Public Works, an appeal from such decision may be made to the Board of Public Works. The decision of the Board shall be final. All permits shall be for a period of one (1) year or less and shall expire on the first day of May, unless sooner revoked by the Board of Public Works.
(4) 
Fee Required. No permit shall be issued unless there is paid to the City Clerk/Treasurer a fee in accordance with the following schedule:
[Ord. 6546, 11/21/2000; Ord. 6608, 2/19/2002]
(a) 
Initial Application. Three dollars ($3.) for each linear foot of loading or special parking zone in an unmetered area with a minimum fee of seventy-five dollars ($75.); and, four dollars ($4.) for each linear foot of loading or special parking zone in a metered area with a minimum fee of one hundred twenty dollars ($120.).
(b) 
Annual Renewals. Two dollars and fifty cents ($2.50) for each linear foot of loading or special parking zone in an unmetered area with a minimum of sixty dollars ($60.); and, three dollars ($3.) for each linear foot of loading or special parking zone in a metered area with a minimum fee of ninety dollars ($90.).
(5) 
Authority of Director. The Director of Public Works or the Board of Public Works may grant a permit with limitations as to the amount of curb space to be utilized or restrictions as to the time of operation of any loading or special parking zone. The Director of Public Works is authorized and directed, upon issuance of a permit, to furnish and erect appropriate signs designating the loading or special parking zone established by the permit. The Director of Public Works is further authorized and directed to remove summarily all loading or special parking zone signs erected without permit.
(6) 
Bus Loading Zones.
(a) 
As an accommodation to motor buses engaged in urban transportation service over fixed routes, the Director of Public Works is hereby authorized to designate, by appropriate signs, loading zones for the reception and discharge of passengers by such motor buses. No permits or fees provided for in this section shall be required, but the Director of Public Works shall maintain a list of approved motor bus loading zones. Where possible, the length of such motor bus loading zones shall be eighty (80) feet, provided that where more than one motor bus may load or unload at the same time in the same loading zone, the Director of Public Works may add an extra forty (40) feet for each additional vehicle permitted to use the area to avoid traffic hazards or excessive delay. When a motor bus loading zone is established in mid-block, or where the rear limit of the zone is at or near the corner, an additional twenty-five (25) feet of no-parking space shall be provided ahead of the regular loading zone for pullout purposes.
(b) 
The operator of any motor bus shall not stop at any place other than an approved loading zone to receive or discharge passengers, unless prevented therefrom by street construction or illegally parked vehicles, and any such operator making use of a motor bus loading zone shall stop in such a manner that any person alighting therefrom or boarding thereon shall be able to board or alight from said motor bus directly from the sidewalk or curbline without entering on or upon the public highway, provided that the latter is free from obstructions which prevent proper approach and that the normal angle of approach is not disturbed by other street obstructions such as double parked vehicles or street constructions.
(7) 
Restricted Parking Zones for Physically Disabled Persons.
[Ord. 5988, 1/19/1993]
(a) 
Residential Disabled Parking Zones.
1. 
Where access to a motor vehicle used by a physically disabled person, as defined in § 346.503 of the Wisconsin Statutes, in front of his residence is rendered difficult by reason of existing parking conditions, the City Engineer is authorized to designate, by appropriate signs, a restricted parking zone in the street in front of such physically disabled person's residence. Such zone shall permit parking therein only for vehicles used by a physically disabled person, shall be limited in size to provide parking and maneuvering space for one (1) vehicle only and shall be subject to all applicable parking regulations otherwise in force on such street.
2. 
Persons desiring such a zone may make application to the City Engineer and, the City Engineer, if satisfied that the conditions for establishing such a zone have been met, shall issue a permit to the applicant establishing the disabled parking zone and the location thereof for vehicles used by physically disabled persons. A copy of the permit shall be sent to the Chief of Police. All permits shall be valid for a period of one (1) year or less and shall expire on May 1 of each year. Permits may be renewed where the conditions for establishing a disabled parking zone still exist. The City Engineer may revoke any permit when the conditions for the disabled parking zone are eliminated or where an abuse of the permit is found to exist.
(b) 
Commercial Disabled Parking Zones.
1. 
Where access to a motor vehicle used by a physically disabled person in front of or adjacent to a business establishment is rendered difficult by reason of existing parking conditions, the City Engineer is authorized to designate, by appropriate signs, a restricted parking zone or zones in the street in front of or adjacent to the business establishment. Such zone shall permit parking therein only for vehicles used by a physically disabled person, shall be limited in size to provide parking and maneuvering space for one (1) vehicle per permit and shall be subject to all applicable parking regulations otherwise in force on such street.
2. 
The owner of a building or the tenant of a building in which there is a commercial establishment may make application to the City Engineer and, that City Engineer, if satisfied that the conditions for establishing such zone have been met and, if satisfied that there are no conditions adverse to issuing a permit such as traffic congestion or limited parking, may issue a permit to the applicant establishing the disabled parking zone and the location thereof for vehicles used by physically disabled persons. A copy of the permit shall be sent to the Chief of Police. All permits shall be valid for a period of one (1) year or less and shall expire on May 1 of each year. Permits shall be renewed where the conditions for establishing a disabled parking zone still exist. The City Engineer may revoke any permit when the conditions for the disabled zone no longer apply or where an abuse of the permit is found to exist.
3. 
No permit shall be issued pursuant to this subsection, unless the fee set forth in Sec. 10.065(4)(a) is paid for each lineal foot of the Physically Disabled Person Parking Zone.
(c) 
For purposes of this section, a handicapped person is one who, because of some serious physical ailment, has extreme difficulty in moving about on foot.
(d) 
Except for a motor vehicle used by a physically disabled person as defined under Sec. 346.503(1) of the Wisconsin Statutes, no person may park, stop or leave standing any vehicle, whether attended or unattended and whether temporarily or otherwise, upon any portion of a street, highway or parking facility reserved, by official traffic signs indicating the restriction, for vehicles displaying special registration plates issued for physical disability under Wisconsin Statutes or special identification card issued under Sec. 343.51 of the Wisconsin Statutes or vehicles registered in another jurisdiction and displaying a registration plate, card or emblem issued by the other jurisdiction which designates the vehicle as a vehicle used by a physically disabled person.
[Ord. O-2006-0043, 9/5/2006]
(e) 
No person may park, stop or leave standing any vehicle, whether attended or unattended and whether temporarily or otherwise, upon any portion of a street, highway or parking facility so as to obstruct, block or otherwise limit the use of any portion of a street, highway or parking facility reserved, by official traffic signs indicating the restriction, for vehicles displaying special registration plates issued for physical disability under Wisconsin Statutes or a special identification card issued under Sec. 343.51 of the Wisconsin Statutes or vehicles registered in another jurisdiction and displaying a registration plate, card or emblem issued by the other jurisdiction which designates the vehicle as a vehicle used by a physically disabled person.
[Ord. O-2006-0043, 9/5/2006]
(f) 
No person may park, stop or leave standing any vehicle, whether attended or unattended and whether temporarily or otherwise, upon any portion of a street, highway or parking facility that is clearly marked as and intended to be an access aisle to provide entry to and exit from vehicles by persons with physical disabilities and which is immediately adjacent to any portion of a street, highway or parking facility reserved, by official traffic signs indicating the restriction, for vehicles displaying special registration plates issued for physical disability under Wisconsin Statutes or a special identification card issued under Sec. 343.51 of the Wisconsin Statutes or vehicles registered in another jurisdiction and displaying a registration plate, card or emblem issued by the other jurisdiction which designates the vehicle as a vehicle used by a person with a physical disability.
[Ord. O-2006-0043, 9/5/2006]
(g) 
Any person violating the restrictions set forth in Section 10.065(7)(d), (e) or (f) of this ordinance shall be subject to a forfeiture of three hundred dollars ($300.).
[Ord. O-2006-0043, 9/5/2006]

10.07 Trains Obstructing Crossings.

(1) 
No one shall stop or leave standing any railroad train or locomotive car upon or across any street crossing in the City longer than five (5) minutes. Mechanical failure or accident shall be no defense to a violation of this section, unless the train or locomotive car promptly is moved to open the crossing for street traffic.
(2) 
No one shall operate or permit to be operated any railroad train or locomotive car upon or across any street crossing to the obstruction of public travel thereon for a longer period of time than five (5) minutes.
(3) 
No one shall stop any railroad train or car within an intersection or on a crosswalk for the purpose of receiving or discharging passengers.
(4) 
No one shall obstruct any street crossing in the City for a continuous period of more than five (5) minutes by the operation of more than one train or locomotive over the same crossing.

10.08 Prohibited Turns.

(1) 
Designation. All enactments by the Common Council, pursuant to Sec. 349.10 of the Wisconsin Statutes, prohibiting and regulating right or left turns at intersections, or prohibiting U-turns by all vehicles or by certain types of vehicles, are incorporated into this Code by reference. The City Clerk shall keep a record of all such enactments, including any amendments or additions thereto.
(2) 
Erection of Signs. Proper signs shall be erected indicating the prohibitions and regulations enacted under Subsection (1).

10.09 State Fair Traffic.

(1) 
Purpose. In the interest of public safety and for the purpose of effecting control of traffic on the streets and highways in the City during the period of the annual Wisconsin State Fair, and at the times of races, football games, other sporting events, shows, celebrations, picnics and such occasions when large numbers of persons are attracted to the State Fair Park, it is hereby declared necessary that proper regulations governing such traffic be enacted. The Police Department shall enforce such temporary regulations as it deems necessary to accomplish such purpose.
All enactments by the Common Council establishing parking limitations on certain streets during the periods when such traffic control shall be enforced are incorporated into this subsection by reference, and the City Clerk shall keep a record of all such enactments.
(2) 
Parking Regulated. It shall be unlawful to operate or park any vehicle on any streets contrary to the regulations as established, when said streets are properly posted.
(3) 
Authority of Police. For the purpose of facilitating the movement of traffic, to cope with special conditions and emergencies which may arise as related to the Wisconsin State Fair Park and for the protection of pedestrians using the streets and highways of the City, the Police Department may establish detours, reroute traffic and establish and enforce such other temporary regulations as it may deem necessary.

10.10 Parking Restrictions on Streets, Alleys, Municipal Parking Lots and Sidewalks.

(1) 
All enactments of the Common Council prohibiting parking of vehicles on designated streets, or parts thereof, or prescribing parking time limits or the manner of parking vehicles thereon, are incorporated into this Chapter by reference thereto, and shall be as effective as if fully set forth herein. The City Clerk shall keep a separate record of all such enactments, including any amendments or additions thereto.
(2) 
No person shall park and leave unattended any vehicle on any public alley within the City, nor shall any person park a vehicle so that any part of the vehicle extends over or onto the public alley, or sidewalk.
[Ord. O-2006-0042, 9/5/2006]
(3) 
The Director of Public Works, by written order, may establish temporary no parking regulations on any street or municipal parking lot within the City, when, in the judgment of the Director, road construction, water main break or other similar condition requires such regulations for the safe movement of vehicular traffic. Any such regulation shall not be effective unless official traffic signs or markers have been placed stating the particular prohibition. The Director shall, as soon as practicable, notify the Chief of Police, or his designee, of any such regulation. Temporary parking regulations, established pursuant to this subsection, shall supersede any other parking restriction which may be in conflict.
[Ord. O-2016-0057, 12/6/2016]

10.105 All-Night Parking.

[Ord. 6206, 1/16/1996; Ord. 6525, 7/5/2000; Ord. 6625, 9/3/2002; Ord. O-2006-0024, 5/5/2006; Ord. O-2007-005, 2/20/2007; Ord. O-2009-0025, 9/1/2009; Ord. O-2015-0043, 9/1/2015; Ord. O-2016-0057, 12/6/2016]
(1) 
Regulated. No person, firm or corporation nor any officer, member or agent, servant or employee of any firm, partnership or corporation, shall suffer any vehicle of any kind or description to be parked on any public highway or municipal parking lot in the City of West Allis between the hours of 3:00 a.m. and 6:00 a.m., except as otherwise provided in Subsection (2).
(1.5) 
Definitions. In this section, the following words and phrases shall have the designated meanings:
(a) 
"Public highway or highway" means all public ways and thoroughfares and bridges on the same within the corporate limits of the City of West Allis. It includes the entire width between the boundary lines of every way open to the use of the public as a matter of right for the purposes of vehicular travel, but does not include private roads or driveways as defined in Subsection (b).
(b) 
"Private road or driveway" means every way or place in private ownership and used for vehicular travel only by the owner or those having express or implied permission from the owner.
(c) 
"Roadway" means that portion of a highway between the regularly established curblines or that portion which is improved, designed or ordinarily used for vehicular travel, excluding the berm or shoulder. In a divided highway, the term "roadway" refers to each roadway separately but not to all such roadways collectively.
(d) 
"Vehicle" means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except railroad trains. A snowmobile, an all-terrain vehicle, and an electric personal assistive mobility device shall be considered a vehicle for purposes of this subsection.
(2) 
Night Parking Permits. No vehicle shall be parked on any public street between the hours of 3:00 a.m. and 6:00 a.m. of any day except licensed passenger vehicles parked in accordance with the following provisions:
(a) 
Night parking permits may be purchased subject to rules and regulations promulgated by the Chief of Police.
(b) 
Application for such permit shall contain the name, address and the phone number of the applicant and vehicle owner. It shall also bear the license plate number of the vehicle for which the permit is intended and other information that from time to time may be required.
(c) 
The permit fee, shall be paid upon application as per below. No part of any permit fee shall be refundable at any time. A duplicate permit shall be issued for a fee of ten dollars ($10), if the original permit is lost or stolen. Permit fees include applicable state sales tax.
(d) 
The following permits are available with permit fees per the method listed:
In Person or Via Mail
Online
Monthly
$15
$13
Quarterly
$45
$35
Annual
$125
$100
(e) 
The information regarding municipal parking regulations shall be given to all new applicants for permits or those who have not had a permit in the last calendar year. If a permit is issued, it shall bear the expiration date of the permit. When in use, the permit shall be attached to the driver's side rear window in the upper left corner. In the event that the vehicle for which the permit was issued does not have a rear driver's window, the permit shall be attached to the driver's side window in the upper right corner.
(3) 
Prohibited practices.
(a) 
No person, firm, partnership, corporation, nor any officer, member, agent, servant or employee of any firm, partnership or corporation, shall suffer any vehicle of any kind or description to be parked on any public highway in the City of West Allis when such vehicle is displaying a forged, counterfeited or duplicated City of West Allis night parking permit, any object mimicking the appearance of such a permit, or any such permit which has been issued for a vehicle other than the one upon which it is displayed. Any penalty imposed under this section shall be in addition to any forfeiture imposed for violation of the parking regulations.
(b) 
Trucks in excess of six thousand (6,000) pounds gross weight, mobile homes, camping trailers or travel trailers, motorized camping vans, snowmobile, an all-terrain vehicle, and an electric personal assistive mobility device, trucks equipped with truck campers and utility trailers, as defined in Section 12.06 of this Code, shall not be eligible for a night parking permit.
(c) 
No one may use the municipal parking permit for any other vehicle than for which it was purchased.
(d) 
Where South 56 Street lies on the boundary between West Allis and the Village of West Milwaukee, all-night parking permit issued by the Village of West Milwaukee shall be valid in West Allis, to the same extent as if such permits had been issued by West Allis; provided, however, that the provisions of this paragraph shall be effective only during such time as the Village of West Milwaukee authorizes a reciprocal privilege on such street for municipal parking permits issued by West Allis.
(4) 
Exceptions.
(a) 
On commercial blocks, any vehicle may be parked for one (1) hour between the hours of 3:00 a.m. and 6:00 a.m. without a permit where businesses are open between such hours.
(b) 
On divided highways where a service drive or frontage road parallels such highway, vehicles which are parked on the service drive or frontage road shall be exempt from the provisions set forth in Paragraph (2).
(c) 
This section shall not apply to licensed physicians and surgeons in emergency situations.

10.106 Residential Daytime Parking Privileges.

(1) 
Intent. The Common Council recognizes that certain residential premises in the City, improved prior to May 21, 1985, do not permit location of the minimum off-street parking spaces required under Section 12.20 of this Code; and, in such cases, parking time restrictions may unduly inconvenience occupants of such premises with respect to parking of their automobiles; and, a limited daytime parking privilege, as hereinafter provided for the occupants of such premises, will not adversely affect the public interest in lessening traffic congestion on City streets.
[Ord. O-2010-0053, 12/21/2010]
(2) 
Permit.
(a) 
The permit shall permit parking of the automobile for which it is issued on the street and in the block where the permit applicant resides, regardless of posted time limits, during those hours when all night parking prohibitions are not in effect.
(b) 
The City Engineer shall issue the permit upon receipt of a proper application and the required fee and verification of eligibility for the permit.
(c) 
The permit shall display the number, date of issue and expiration date of the permit, the license number, make and year of the automobile for which issued and the street and block in which the permit allows parking.
(3) 
Application. The application form shall contain the name and address of applicant, the license number, make and year of the applicant's automobile, the location where the vehicle is to be parked, the month of issuance and the date of expiration of the permit applied for and a sworn statement that the information contained in the applicant is true and correct. Falsification of any of the above information shall be grounds for the immediate revocation of the parking permit.
(4) 
Permit Fee. Permits shall be issued for each month, calendar quarter or semiannual period. There shall be no proration or refund of the required fee. The fee shall be seven dollars ($7.) per month, nineteen dollars ($19.) per calendar quarter or thirty-five dollars ($35.) per semiannual period, sales tax included. However, if the applicant has a valid all-night parking permit under Section 10.105 of this Code for the same month, calendar quarter or semiannual period for which application is made, the corresponding fee shall be waived.
[Ord. 6180 (repeal & recreate), 9/5/1995]
(5) 
Eligibility.
(a) 
The permit shall be issued to an occupant of a residential lot containing not more than three (3) dwelling units, only if:
[Ord. O-2010-0053, 12/21/2010]
1. 
The lot does not have the minimum off-street parking places required by Sec. 12.20 of this Code; and
2. 
As a result of lot size, configuration or building improvements, the minimum number of off-street parking spaces required by Sec. 12.20 of this Code cannot be provided on the lot.
(b) 
The total number of permits issued for each residential lot shall not exceed the deficiency in the number of off street parking spaces determined under subparagraph (a); however, in no event shall more than one permit be issued for any one dwelling unit.
(6) 
No Guarantee. Permits issued under this section shall not be construed as a guarantee of a parking space, shall not be transferable and shall not be applicable to any other parking restriction exemptions.
(7) 
Display of Permit. The permit shall be placed in the lower left hand corner of the windshield, or in such other conspicuous place as the Police Department may designate, while the motor vehicle is in a parked position. Failure to properly display the permit shall be deemed a waiver of the parking privileges conferred by the permit.
(8) 
Temporary Contractor Permits.
[Ord. O-2014-0014, 2/18/2014]
(a) 
"Contractor" means a person, business, corporation or other entity that undertakes a contract to provide materials or labor to perform a service or do a job at a location in the City.
(b) 
Subsection (5) notwithstanding, a contractor is eligible for up to three (3) permits for an identified vehicle or vehicles per address per month. Such permit(s) shall be valid for one (1) month, with a one-month extension if the criteria set forth in Subsections (c) and (d) are met.
(c) 
A fee of fifteen dollars ($15.) per month is paid.
(d) 
The permit shall describe the block of the street for which the permit is valid, and the contractor shall be limited to parking on that block.
(e) 
Any contractor wishing to extend a permit beyond the two-month period set forth in Subsection (8)(b) shall first receive the concurrence of the Alderpersons representing the district in which the block is located. Such permits may be extended by aldermanic approval for an additional two (2) months for a total of four (4) months.
(f) 
Any person aggrieved by the issuance or nonissuance of a permit under this subsection may appeal to the Safety and Development Committee of the Common Council.

10.107 Residential Parking Privileges for Commuter Impacted Areas.

[Ord. 6211, 3/5/1996]
(1) 
Purpose. To reduce commuter traffic, encourage the use of mass transit facilities, reduce the hazards to health and safety associated with heavy commuter traffic and to provide parking for residents who do not have adequate off-street parking facilities available to them, it is declared necessary to establish a permit system, as hereinafter provided, whereby vehicles bearing a valid residential parking permit may park in excess of posted time limits on certain designated streets between the hours of 8:00 a.m. and 9:00 p.m. of any day. It is intended that this reduction will reduce automobile commuting and its accompanying energy waste and air pollution, reduce the total vehicle miles of travel in the affected area and alleviate traffic congestion, illegal parking and related health and safety standards.
[Ord. 6211, 3/5/1996]
(2) 
Definitions.
(a) 
"Residential parking area" shall mean a contiguous or nearly contiguous area containing public street(s) or portion thereof primarily abutted by residential property or residential and non-business property, such as schools, parks, churches, hospitals and nursing homes.
(b) 
"Commuter vehicle" shall mean a motor vehicle parked in a residential area by a person not a resident thereof.
(c) 
"Dwelling unit" shall mean one or more rooms which are arranged, designed or used as living quarters for one family only. Individual bathrooms and complete single kitchen facilities, permanently installed, shall be included with each dwelling unit.
(3) 
Area and Street Eligibility. A residential street(s) or part(s) thereof shall be deemed eligible for designation as a residential parking area, if each of the following criteria are met:
(a) 
At least one side or fifty percent (50%) of each street or portion for which residential parking is requested must be zoned residential.
(b) 
On streets that have restricted parking, a majority of the on-street parking spaces must be occupied by commuter vehicles a majority of the time between 8:00 a.m. and 6:00 p.m., except Sunday and holidays.
The City Engineer, or his designee, shall prepare and file with the Common Council a written report regarding eligibility of a street(s) or portion thereof for designation as a residential parking area. No hearing shall be held and no area designated unless it is not found that the criteria set forth above are met.
(4) 
Area and Street Designation. The Common Council shall designate residential parking areas or remove the designation in the case of an established permit parking area. Prior to designation or withdrawal of such designation once it is established, the Common Council, upon due notice, shall hold a public hearing. During such hearing, any interested person shall be entitled to appear and be heard. In determining whether an area identified as eligible for residential permit parking shall be designated, or such designation removed, as residential permit parking area, the Common Council shall consider:
(a) 
The likelihood of alleviating traffic congestion, illegal parking and related health and safety hazards.
(b) 
The willingness of the residents of the street or portion thereof to pay the cost for residential permit parking.
(5) 
Issuance of Permit. Following designation of residential permit parking area, the City Engineer shall issue appropriate permits, as hereinafter provided. A permit shall be issued upon application and payment of the applicable fee, only to the owner or operator of a motor vehicle who resides on property immediately adjacent to the street(s) or portion(s) thereof within the residential permit parking area. Not more than one residential parking permit may be issued to each dwelling unit in the residential parking area. A duplicate permit shall be issued only if all or part of the original permit is produced at the time that the duplicate permit is applied for, or if proof of theft of the vehicle is demonstrated to the satisfaction of the City Engineer. A residential parking permit will not be issued to the owner or operator of a motor vehicle having an outstanding parking warrant.
(6) 
Application. The application for a permit shall contain the name of the owner or operator of the motor vehicle, residential address, the motor vehicle's make, model, registration number and the number of the applicant's operator's permit. The motor vehicle's registration and the operator's drivers license or operator's affidavit of residence shall be required to be presented to the City Engineer at the time of making said application in order to verify that the applicant legally resides at the address for which the permit is requested. The owner or operator of any motor vehicle applying for a residential parking permit shall have valid State of Wisconsin motor vehicle license plates on the vehicle. Only one residential parking permit shall be issued per dwelling unit. The permit shall be renewed monthly upon such conditions and procedures as the City Engineer shall specify. The permit shall display the motor vehicle's license and expiration date.
(7) 
Parking Permits. A residential parking permit is valid only when visible and properly displayed on the vehicle when parked in the designated area where the resident resides. Use of said permit shall be restricted to streets designated for residential permit parking within the designated area. While a vehicle for which a residential parking permit has been issued is so parked, such permit shall be displayed on the rear left side window of the vehicle. A residential parking permit shall not guarantee or reserve to the holder a parking space on residential streets designed for permit parking. A residential parking permit shall not authorize the holder thereof to stand or park a motor vehicle in such places or during such times as the stopping, standing or parking of motor vehicles is prohibited or set aside to specific types of vehicles, nor exempt the holder from the observance of any parking or traffic regulation other than the specified hourly parking limit. Residential parking permit privileges may be temporarily suspended by the City for snow removal, emergency or construction purposes.
(8) 
Transferability and Violations.
(a) 
Only the registered motor vehicle named on the residential parking permit shall be eligible to display the permit. Any transference of this permit to a vehicle other than that named on the permit shall constitute a violation of this section.
(b) 
It shall constitute a violation of this section for any person to falsely represent himself/herself as eligible for a residential parking permit or to furnish any false information in an application to the City Engineer in order to obtain a residential parking permit.
(c) 
The City Engineer is authorized and directed to revoke the residential parking permit of any permittee found to be in violation of this section and, upon written notification thereof, the permittee shall surrender such permit to the Engineer. Failure, when so requested to surrender a revoked parking permit, shall constitute a violation of this section.
(d) 
It shall be a violation of this section for any person to copy, reproduce or resell a permit.
(9) 
Permit Fees. Permits shall be issued for each month, calendar quarter or semiannual period. There shall be no proration or refund of the required fee. The fee shall be seven dollars ($7.) per month, nineteen dollars ($19.) per calendar quarter or thirty-five dollars ($35.) per semiannual period, sales tax included. However, if the applicant has a valid all-night parking permit under Section 10.105 of this Code for the same month, calendar quarter or semiannual period for which application is made, the corresponding fee shall be waived.
[Ord. 6180 (repeal & recreate), 9/5/1995]
(10) 
Severability. The provisions of this section shall be severable. If any provision of this section is invalid or if the application thereof to any person or circumstances is held invalid, such invalidity shall not affect the other provisions or application which can be given effect without the invalid provision or application. It is expressly declared that if any provision of this section is declared invalid that, notwithstanding, the Common Council would have passed the other provisions of this section.
(11) 
Temporary Contractor Permits.
[Ord. O-2014-0014, 2/18/2014]
(a) 
"Contractor" means a person, business, corporation or other entity that undertakes a contract to provide materials or labor to perform a service or do a job at a location in the City.
(b) 
Subsection (5) notwithstanding, a contractor is eligible for up to three (3) permits for an identified vehicle or vehicles per address per month. Such permit(s) shall be valid for one (1) month, with a one-month extension if the criteria set forth in Subsections (c) and (d) are met.
(c) 
A fee of fifteen dollars ($15.) per month is paid.
(d) 
The permit shall describe the block of the street for which the permit is valid, and the contractor shall be limited to parking on that block.
(e) 
Any contractor wishing to extend a permit beyond the two-month period set forth in Subsection (11)(b) shall first receive the concurrence of the Alderpersons representing the district in which the block is located. Such permits may be extended by aldermanic approval for an additional two (2) months for a total of four (4) months.
(f) 
Any person aggrieved by the issuance or nonissuance of a permit under this subsection may appeal to the Safety and Development Committee of the Common Council.

10.108 Trespass Parking.

(1) 
Prohibited. No person shall park any motor vehicle or permit any motor vehicle to be parked upon private property of another without the express permission of such other.
(2) 
Commercial Property During Regular Business Hours. When applied to property used in whole or in part for business or commercial purposes during the regular hours of operation of the business, "express permission" is deemed to be extended to all bona fide customers and business visitors and shall be denied to all others, provided that the parking area is posted to give reasonable notice of the restricted parking.
(3) 
Other Property. When applied to noncommercial property and to commercial property not included in Subsection (2), "express permission" is deemed to mean only the explicit and direct consent of the owner or person in control of such property.
(4) 
Withdrawal of Permission. Permission to park on any property which has been extended by operation of this section may be withdrawn by the owner or person in control of the property at any time by personal notice to a particular customer or business visitor.

10.109 Immobilization Devices on Motor Vehicles.

[Ord. 6251, 9/3/1996]
No person may use an immobilization device to immobilize a motor vehicle to enforce restrictions against unauthorized parking on public or private property within the City of West Allis.

10.11 Snow Emergency Regulations.

[Ord. 6050 (delete 10.115), 11/2/1993]
(1) 
Declaration of Emergency.
(a) 
When, in the opinion of the Director of Public Works, a snowstorm jeopardizes the public safety and welfare of the City, the Director may declare a state of public emergency for the duration thereof. This declaration shall be made through the medium of radio, television or other means of public communication. Such declaration shall specify a time, at least one (1) hour after its promulgation, when the emergency will take effect. Such declaration shall coincide as reasonably practicable to the all-night parking regulations, Section 10.10.5.
[Ord. O-2008-0025, 6/3/2008]
(b) 
For the purpose of this section, a "snowstorm" shall mean a storm in which snow accumulates to a depth of three (3) inches or more and which produces congestion of traffic and/or impedes the operation of emergency vehicles.
(2) 
Regulations.
(a) 
Emergency Thoroughfares. No person shall park or leave unattended any vehicle of any kind or description upon any emergency thoroughfare during a declared snow emergency except where permitted by posted signs authorized by the Common Council. Such signs shall state “Parking Permitted Between Signs During Snow Emergency” or words of similar effect and shall be posted so as to give reasonable notice of the permitted zone. All vehicles parked in violation of this subsection shall be promptly removed from such emergency thoroughfares immediately at the time when the declared snow emergency takes effect.
Emergency thoroughfares shall consist of the major traffic, mass transit and emergency vehicle routes in the City of West Allis as follows:
[Ord. 6133, 11/1/1994; Ord. O-2014-0077, 11/18/2014]
S. 60 St. from S.C.L. to N.C.L.
S. 66 St. from W. National Ave. to W. Burnham St.
S. 67 Pl. From W. Beloit Rd. to W. Rogers St.
S. 68 St. from S.C.L. (S. of W. Arthur Ave.) to W. National Ave.
S. 69 St. from W. Becher St. to W. Lincoln Ave.
S. 70 St. from W. Mitchell St. to N.C.L.
S. 76 St. from N.C.L. (N. of W. Pierce St.) to W. Oklahoma Ave.
S. 81 St. from W. Greenfield Ave. to W. National Ave.
S. 84 St. from W. Oklahoma Ave. to W. Schlinger Ave.
S. 88 St. from W. Lincoln Ave. to 500 ft. S. of W. Lincoln Ave.
S. 90 St. & W. Hayes Ave. from W. Lincoln Ave. to S. 92 St. (Includes Hospital Emergency Intersection)
S. 92 St. from W. Oklahoma Ave. to N.C.L.
S. 100 St. from W. Madison Pl. to W. Schlinger Ave.
S. 101 St. from W. Madison Pl. to W. Greenfield Ave.
S. 108 St. from N.C.L. to W. Morgan Ave.
S. 113 St. from W. Greenfield Ave. to W. Lapham St.
S. 116 St. from W. Lincoln Ave. to S. Curtis Rd.
S. 124 St. from N.C.L. to W. Morgan Ave.
W. Becher St. from S. 67 Pl. to dead end west of S. 99 St.
W. Becher Pl. from W. Burnham St. to S. 67 Pl.
W. Beloit Rd. from E.C.L. to W. Oklahoma Ave.
W. Burnham St. from E.C.L. to S. 66 St.
W. Cleveland Ave. from S. 84 St. to S. 124 St.
S. Curtis Rd. from S. 116 St. to N.C.L. (W. Fairview Ave.)
W. Electric Ave. from W. Lincoln Ave. to E.C.L.
W. Greenfield Ave. from S. 56 St. to S. 124 St.
W. Lapham St. from S. 108 St. to S. 113 St.
W. Lincoln Ave. from E.C.L. to S. 124 St.
W. Madison Pl. from S. 100 St. to 101 St.
W. Mitchell St. from E.C.L. to S. 71 St.
W. National Ave. from E.C.L. to S. 124 St.
W. Oklahoma Ave. from E.C.L. to S. 116 St.
W. Schlinger Ave. from S. 100 St. to S. 84 St.
W. Theodore Trecker Way from S. 116 St. to S. 108 St.
(b) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection (b), Other Streets, was repealed 10-1-2013 by Ord. No. O-2013-0038.
(3) 
Other Restrictions.
(a) 
Snow emergency regulations shall supersede all other overnight parking regulations for the duration of the snow emergency only.
(b) 
On certain streets other than emergency thoroughfares, where one side of an entire block is permanently posted NO PARKING AT ANY TIME year round, parking will be allowed on the opposite side during the declared snow emergency regardless of the calendar date on which the emergency was declared.
(c) 
Parking shall be permitted as set forth herein, provided that no other regulations restricting parking as to time, place or manner are violated.
(d) 
When, in the opinion of the Director of Public Works, snow accumulation on any City street is such that the removal of snow from along the curb becomes necessary or that the movement of vehicular traffic becomes severely impeded because of parked vehicles, the Director is empowered to prohibit the parking of vehicles upon such street or municipal parking lots through the posting of TEMPORARY NO PARKING signs until conditions permit.
[Ord. O-2016-0057, 12/6/2016]
(e) 
Any vehicle parked in violation of this section may be removed, pursuant to Section 10.03(3) of this Code.

10.12 Miscellaneous Parking Regulations.

In addition to complying with the other parking regulations imposed in this Chapter, the operator of a vehicle within the City shall also comply with the following:
(1) 
Double parking.
[Ord. O-2006-0063, 11/8/2006]
(a) 
No person may stop or leave standing any vehicle, whether attended or unattended and whether temporarily or otherwise on the roadway side of any parked vehicle unless double parking is clearly indicated by official traffic signs or markers.
(b) 
Any person violating the restrictions set forth in Subsection 10.12(1)(a) above, shall be subject to a forfeiture of seventy-five dollars ($75.).
(2) 
Motor Running While Parked. No motor vehicle shall be parked or left unattended on any street, road, alley, or any other public place, except in an attended parking area, while the motor thereof is running and in such a state that entry into the vehicle would allow said vehicle to be driven away by an unauthorized person.
[Ord. O-2015-0017, 3/3/2015]
(3) 
Use of Brakes. No motor vehicle shall be parked on any street or alley unless the brakes thereof are set in such a manner that the vehicle cannot be set in motion without starting the motor or releasing the brakes.
(4) 
Greenfield Avenue Parking Lot. No person operating a passenger vehicle shall enter the parking lot between 7520 and 7598 W. Greenfield Ave., from W. Greenfield Ave.; nor shall such operator, in leaving the parking lot on W. Greenfield Ave., make a left turn on W. Greenfield Ave.
(5) 
Traffic and Parking in County Parks, Parkways, Trailer Camps.
(a) 
Speed Limits. No person shall operate any vehicle on any road or drive in a County park or County parkway at a speed exceeding twenty-five (25) miles per hour. The fines and stipulation deposits for violation of this section shall be the same as those provided in Section 10.01(1) of this Code, under the reference to Secs. 346.57(4)(d), (e), (f), (g) and (h) and (5) of the Wisconsin Statutes, and subject to the provisions of Sections 10.01(2) and (3) of this Code.
(b) 
Parking Restrictions. No person shall park any vehicle or permit any vehicle to remain standing on any highway or roadway within the boundaries of the County park or parkway, as hereinafter designated, in excess of the length of time and between the hours hereinafter specified:
1. 
Hours of No Parking. No parking shall be allowed on any park or parkway roads during the hours from 10:00 P.M. to 6:00 A.M.
2. 
Greenfield Park. No parking shall be allowed on either side of the road leading from the main park drive to the bathhouse, or on the southerly side of the main park road leading easterly from the County Line Road, which becomes the westerly and northerly side as the road approaches Lincoln Ave.
(6) 
Leaving Ignition Keys in a Parked Car. No person shall allow a motor vehicle in his custody or control to stand or remain unattended on any street, alley, highway or in any other public place within the City limits of West Allis, except on an attended parking area, unless either the starting lever, throttle, steering apparatus, gear shift or ignition of said vehicle is locked and the key for such lock is removed from the vehicle.
(7) 
Repair of Motor Vehicles.
(a) 
No motor vehicle shall be repaired or mechanically maintained while parked on any street or alley.
(b) 
This section shall not apply to battery replacement or jump-starting, the replacement of flat tires or to preparation for the towing of a vehicle.
(8) 
Prohibition on Parking of Non-Motorized Vehicles.
[Ord. O-2004-0017 (added), 5/4/2004; Ord. O-2004-0033, 8/3/2004]
(a) 
No person shall park or leave standing on any street, highway or alley within the City limits, a vehicle which is not self-propelled unless such vehicle is properly hitched or attached to a motor vehicle pursuant to Section 347.47 of the Wisconsin Statutes.
(b) 
This section shall not apply to construction-related equipment such as trailers and cement mixers as permitted by the City Engineer during public construction projects.

10.13 Off-Street Parking Lots.

(1) 
Regulation: Construction Requirements.
(a) 
Definitions. Off-street parking lots are hereby defined as follows:
1. 
Vacant lots or lands upon which motor vehicles in any number, with or without fee, are habitually parked or stored.
2. 
Residential lots or lands upon which a principal residential building is located and upon which motor vehicles in excess of three (3) are habitually parked or stored.
3. 
Commercial, business or industrial lots or lands upon which a principal building (nonresidential) is located and upon which more than three (3) motor vehicles are habitually parked or stored.
4. 
Included in the definition of off-street parking lots are used car lots and parking or storage lots maintained in conjunction with an industrial or commercial building or business. This enumeration is not exclusive. Not included are parking lots maintained in conjunction with a church, school or playground where use is occasional rather than daily, and safety and other problems are minimized.
(b) 
License Required: Fees. No person, firm or corporation shall construct, operate or maintain an off-street parking lot without first having secured a license from the Director of the Department of Building Inspections and Zoning. Premises licensed under Section 9.125 of this Code for used automobile dealers purposes shall conform to all provisions of this section, but shall be exempt from payment of any fee under this section. The license year shall extend from May 1 to April 30. Licenses shall be issued only upon compliance with minimum construction and maintenance standards, as set forth herein.
(c) 
Application. A license shall be granted only upon written application filed with the Director of the Department of Building Inspections and Zoning, giving the licensee's name, address, the location of the off-street parking lot, the zoning and the dimensions of the lot. A plan or sketch shall be submitted with the application showing entrances and exits, type of surfacing to be installed and the location and dimensions of any buildings or structures thereon. The Building Inspector may require such additional information as in his judgment may be necessary in the public interest. Prior approval of the Board of Public Works shall be required for all driveway installations.
(d) 
Minimum Construction and Maintenance Standards. Off-street parking lots shall be designed, constructed and maintained with macadam, concrete, sealcoat or similar suitable surface to eliminate dust, dirt and mud. Entrances and exits shall be clearly visible and marked where, in the judgment of the Building Inspector, safety requires it. The Building Inspector may impose such additional construction and maintenance requirements as are necessary to eliminate dust, mud and dirt and to safeguard the public safety. Lots and adjoining sidewalks and driveways shall be kept reasonably clean. No vehicles shall be permitted to project into the public sidewalk, alley or street, not shall any vehicles be allowed to encroach upon abutting premises owned by others. Wheel chocks, guard rails or bumper posts, so designed and permanently constructed as to prevent the intentional or accidental movement of any automobile from the premises onto or across the public highway or public sidewalk or onto premises owned by others, shall be provided on each off-street parking lot, as herein defined.
(e) 
Issuance of Permit. Upon an application properly executed and minimum construction and maintenance standards being duly met, the Director of the Department of Building Inspections and Zoning shall issue an off-street parking lot license.
(f) 
Exceptions.
1. 
Parking Emergencies. The Chief of Police may declare off-street parking emergencies during such times as State Fair week and similar events, during which the provisions of this subsection shall not apply.
2. 
Churches, Schools, Playgrounds. Off-street parking lots maintained in conjunction with a church, school or playground, where the use is occasional, and dust, dirt, mud and safety and other problems are minimized, shall be exempt from the provisions of this subsection.
3. 
Municipal Parking Lots. Off-street parking lots owned or operated by the City shall conform to minimum construction and maintenance standards, but shall not be required to be licensed.
(2) 
Vocational School Parking Lot. No motor vehicle shall be parked in the parking lot immediately adjacent to the West Allis Vocational School, 1216 S. 71 St., and commonly known as the Vocational School parking lot, unless permission has been obtained from the Director of the Vocational School and the vehicle has been marked with an identifying tag or insignia issued for that purpose.
(3) 
Municipal Market Site.
1. 
No operator of any vehicle shall park a vehicle on the Municipal Market Site for a period of time longer than one (1) hour from May 1 to December 1 on market days only, between the hours of 1 p.m. and 9 p.m.
2. 
Parking at any other time on the Municipal Market Site shall be prohibited, except at such times and under such terms and regulations as the Market Commission may establish.
(4) 
Library Parking Lots.
(a) 
The following regulations are established for parking on lots operated in connection with municipal branch libraries:
1. 
Parking of vehicles shall be restricted to library patrons and employees.
2. 
Vehicles may be parked only between the hours of 8:00 a.m. and 10:00 p.m. Parking during any other hours is prohibited.
(5) 
Extensions.
(a) 
Application. The owner or owners of lots or lands ordered improved by the Director of the Department of Building Inspections and Zoning to conform with the surfacing and/or drainage requirements of this section may apply to the Safety & Development Committee for an extension of time in which to comply with any such order. All such orders shall contain a statement regarding an owner's rights under the provisions of this subsection. Applications for an extension shall be filed with City Clerk within thirty (30) days of the date of the service of the order for improvement.
(b) 
Hearings. The Safety & Development Committee shall fix a reasonable time for a hearing of an application. Notice of hearing shall be mailed to the applicant and to the owners of the land immediately adjacent to the land included in the application extending one hundred fifty (150) feet therefrom and the owners of the land directly opposite thereto extending one hundred fifty (150) feet from the street frontage of such opposite land. In addition, notice shall be published in the official City newspaper as a Class 1 notice, pursuant to Chapter 985 of the Wisconsin Statutes. The Safety & Development Committee shall have the power to adjourn the hearing at the request of the applicant for good and sufficient reason. At the hearing, the applicant and any parties in interest may appear and may offer testimony which is relevant to the hearing. The proceedings at such hearing, including the findings and decision of the Committee, shall be summarized, reduced to writing and entered as a matter of public record in the office of the City Clerk.
(c) 
Grant of Extension. Within a reasonable time after hearing, the Safety & Development Committee shall grant an extension for a period not to exceed three (3) years from the date of the order for improvement, if it finds that any such extension will not have a substantial adverse effect upon the health, safety or property interests of individual persons or the public generally. In making its findings, the Safety & Development Committee shall consider, among other things, hazards or injury to persons or property which may result in the absence of proper drainage and/or proper surfacing. In granting any such extension, the Committee may stipulate such conditions as may be necessary for the protection of any such health, safety or property interests. Only one extension shall be granted for any off-street parking lot. A copy of the decision of the Committee shall be mailed to or served on the applicant and other persons appearing of record at the hearing.
(d) 
Application Fee. A fee of twenty five dollars ($25.) shall accompany an application to defray a portion of the publication and administrative costs in processing the application. The fee shall not be refunded in whole or in part under any circumstances.
(e) 
Penalties. The proper filing of an application for extension within the time provided herein shall toll all penalties provided for any violations of the order for improvements until a final decision has been issued on the merits of such application.
(f) 
Exceptions. This subsection shall not apply to off-street parking lot improvements required in connection with the erection, enlargement or expansion of any building or structure.

10.14 Municipal Parking Lots.

[Ord. O-2016-0057, 12/6/2016]
(1) 
Definitions. The word "vehicle," as used herein, shall mean any device in, upon or by which any person or property is or may be transported upon a highway.
(2) 
Designation.
(a) 
Municipal Parking Lots. All municipal off-street parking lots shall be established by ordinances by the Common Council.
(3) 
Marking of Municipal Parking Lots. The Department of Public Works shall place lines or markings designating the parking space for each vehicle. No person shall park any vehicle across such lines or markings or outside the area so designated.
(4) 
Municipal Parking Lots Restrictions.
(a) 
Vehicles may be parked on municipal parking lots only between the hours and, only for the time periods as indicated by official signs placed thereon, pursuant to action of the Common Council.
(b) 
Regulations established for parking on municipal parking lots shall not apply to City staff permit and designated lease holders.
(c) 
Additional restrictions are located in RMC Sections 10.035, 10.10 (3), 10.11, 10.105.
(5) 
Municipal Parking Lot Permits Required.
(a) 
No vehicle shall be parked on any municipal parking lot between the hours of 3:00 a.m. and 6:00 a.m. of any day or in excess of four (4) hours at any time of the day except licensed passenger vehicles parked in accordance with the following provisions:
1. 
Parking permits may be purchased subject to rules and regulations promulgated by Director of Public Works/City Engineer.
2. 
Applications for such permits shall contain the name, address and phone number of the applicant and vehicle owner, and length of vehicle. It shall also bear the license plate number of the vehicle for which the permit is intended and other information that from time to time may be required.
3. 
The permit fee shall be paid upon application as per below. No part of any permit fee shall be refundable at any time. A duplicate permit shall be issued for a fee of ten dollars ($10), if the original permit is lost or stolen. Permit fees include applicable state sales tax.
a. 
The following municipal parking lot permits are available with permit fees per the method listed:
In Person or Via Mail
Online
Monthly
$15
$13
Quarterly
$45
$35
Annual
$100
$80
b. 
When in use, the permit shall be attached to the driver's side rear window in the upper left corner. In the event that the vehicle for which the permit was issued does not have a rear driver's window, the permit shall be attached to the driver's side window in the upper right corner.
c. 
Trucks in excess of twenty (20) feet, mobile homes, camping or travel trailers, motorized camping vans, snowmobile, an all-terrian vehicle, and an electric personal assistive mobility device, trucks equipped with truck campers and utility trailers, as defined in Section 12.06 of this Code, shall not be eligible for a municipal parking lot permit.

10.15 Bicycle Registration.

[Ord. 6373, 3/17/1998]
(1) 
Definition. "Bicycle" means every device propelled by the feet acting upon pedals and having wheels, any two (2) of which are not less than fourteen (14) inches in diameter.
(2) 
Registration Required. It shall be unlawful for any person to operate a bicycle upon any street, sidewalk or alley in the City of West Allis unless it has been licensed by and bears a current license place or sticker issued by the City of West Allis or another jurisdiction.
(3) 
Application for Registration. West Allis residents may obtain applications for registration at the Police Department on such forms as the Police Department shall provide. Each application shall contain the name and address of the owner, a complete description of the bicycle and may contain such additional information as the Police Department deems advisable.
(4) 
Issuance of Registration Decals. Upon registering a bicycle, the Police Department shall issue a reflectorized registration decal to the owner of the bicycle. The Police Department shall provide all registration decals and shall determine the size, color and design thereof. Each registration decal issued shall be serially numbered to correspond to the registration number.
(5) 
Registration Decal to be Displayed. Every decal issued for a bicycle shall be affixed to the bicycle on the seat tube half way between the seat and the pedals in such manner so as to be plainly seen and read. Decals shall remain so affixed until ordered removed by the Police Department for cause or for change of ownership.
(6) 
Expiration of Registration. Registration of a bicycle shall run concurrent with the ownership of the bicycle. Registration will expire only upon change of ownership or upon dismantling and taking the bicycle out of operation. The owner of a bicycle that has been dismantled and taken out of operation shall notify the Police Department, within ten (10) days, of the registration number of the bicycle.
(7) 
Unsafe Bicycles or Bicycle Operation. No bicycle shall be registered which is in unsafe mechanical condition. The Police Department may suspend the registration of any bicycle operated contrary to any state law or City ordinance or operated while in unsafe mechanical condition. Such suspension may continue for a period not to exceed ninety (90) days, provided that registration shall not be reinstated while the bicycle is in unsafe mechanical condition. The Police Department shall order the removal of the registration decal from the bicycle, the registration of which has been suspended pursuant to this section and such registration decal shall forthwith be delivered to the Police Department. Upon expiration of any such suspension period, the owner shall file a new registration application, as provided in Subsection (3). Suspensions and removals shall be in addition to other penalties provided for in Section 10.16.
(8) 
Change of Ownership. Within ten (10) days after any bicycle registered, as provided for herein, shall change ownership or be dismantled and taken out of operation, the person in whose name the bicycle has been registered shall report such information to the Police Department. In the case of change of ownership, the new owner shall make application, as provided in Subsection (3), and the registration number may be transferred to the new owner. In the case of dismantling and taking out of operation, the registration shall be cancelled and the registration decal returned to the Police Department.
(9) 
Conditions of Registration. Every registration decal issued pursuant to this section shall be considered to have been granted upon the condition that the operator of a bicycle shall be subject to and comply with the provisions of all ordinances and state laws applicable to the operation of bicycles.
(10) 
Responsibility of Parent or Guardian. No parent or guardian of any child shall authorize or knowingly permit such child to violate any of the provisions of this section or of any ordinance or state law applicable to the operation of bicycles.

10.155 Enforcement of Bicycle Regulations, Parental Responsibility.

(1) 
Legislative Intent. Whereas, it is necessary for public safety, and especially the safety of juveniles, that provisions of the Wisconsin traffic safety statutes regarding bicycles, as adopted by this Code, must be enforced; and,
Whereas, an understanding of traffic safety regulations, as a bicyclist, engenders in children a knowledge of and respect for traffic safety rules as a licensed driver and responsible adult, the following legislation is hereby enacted:
(2) 
Any juvenile under the age of sixteen (16) years, who violates a traffic safety "rule of the road," as set forth in Section 346 of the Wisconsin Statutes, as adopted by this Code, other traffic safety ordinances of this Code, or Sec. 10.15 of this Code, "Bicycle Registration," shall be issued a "bicycle citation," in a form to be adopted by the West Allis Police Department, directing said juvenile to appear and attend a "bicycle safety school." Such bicycle safety school shall be organized and conducted under the auspices of the West Allis Police Department, at such times and places as the Police Department shall, from time to time, determine. If said juvenile shall appear and attend said bicycle safety school, no further penalty shall be imposed.
(3) 
Parental Responsibility. Any parent, guardian or legal custodian who has been notified that a juvenile is required to attend bicycle safety school under this section, and who then fails to produce or cause such juvenile to appear at the required traffic safety school, shall forfeit an amount not less than five dollars ($5.) nor more than twenty dollars ($20.) and, upon default of payment of such forfeiture, shall be imprisoned in the Milwaukee County House of Correction for not more than five (5) days. No penalty shall be imposed under this section, unless it shall first be proven to the court that:
(a) 
The juvenile in question did violate a traffic safety regulation which being the operator of a bicycle; and,
(b) 
That the parent, guardian or custodian, being notified of the bicycle safety school, did fail to produce the juvenile for such school.
(4) 
Form of Summons. The form of summons to court for a parent accused of failing to produce a juvenile for bicycle safety school shall be by means of a standard municipal nontraffic citation.

10.16 Penalties.

Notes
Ordinance to Amend
Created: 2017-05-02
See Ordinance O-2017-0017 to amend subsection 10.16(2), effective May 5, 2017.
(1) 
Penalties.
(a) 
The penalty for violation of any provision of this chapter enumerated in Subsection (2) shall be a forfeiture in the amount set forth therein, together with the cost of prosecution.
(b) 
In default of payment of any forfeiture and costs, punishment shall be by imprisonment in the Milwaukee County House of Correction or Milwaukee County Jail, until said forfeiture and costs are paid in full, but not in excess of the terms provided in Sec. 10.01(2) of this Chapter.
(2) 
Schedule of Forfeitures.
Section Violated
Violation Reference
Forfeiture
XXXXX
10.015(a)
Pedestrian rights and duties
346.23
Crossing at controlled intersection or crosswalk
$1 to $20
346.24(2)
Crossing at uncontrolled intersection or crosswalk
1 to 20
346.26(2),(3)
Blind Pedestrian on highway
1 to 50
346.28(1)
Pedestrians on left side of highway and sidewalks
1 to 20
346.29(1),(3)
Soliciting rides or fishing or swimming from bridge
1 to 20
346.37
Traffic control signals
1 to 20
346.38
Pedestrian control signals
1 to 20
10.025
Wisconsin Administrative Code Chapter MVD 5
10 to 200
10.04
Through streets and stop intersections
20 to 40
10.05
One-way streets and alleys
20 to 40
10.06
Heavy traffic and trucking
20 to 40
10.065(b)
Motor bus loading zones (bus operator's duty)
1 to 25
10.07
Trains obstructing crossings
5 to 200
10.08
Prohibited left turns
20 to 40
10.09
State Fair traffic (parking violations)
1 to 25
(moving violations)
20 to 40
10.10
Parking restrictions on streets and alleys
1 to 25
10.105
All night parking
8 to 40
10.105
All night parking (second consecutive and successive nights of violation)
30 to 50
10.105
All night parking by vehicles listed in Sec 10.105(2)(e)
20 to 40
10.105(2)(b)(vi)
Prohibited Practices
1 to 100
10.107
Residential Parking
20 to 40
10.108
Trespass Parking
40 to 60
10.11
Parking during snowstorms and emergencies
5 to 200
10.12(1)
All night parking
1 to 25
10.12(2)
Motor running while parked
20 to 40
10.12(3)
Use of brakes
(where accident is caused thereby)
20 to 40
(where no accident is caused thereby)
1 to 25
10.12(4)
Greenfield Avenue parking lots
20 to 40
10.12(5)(b)
Parking in county park, parkways, trailer camps
1 to 25
10.12(6)
Leaving ignition keys in parked car
20 to 40
10.12(7)
Repair of parked vehicles prohibited
20 to 40
10.13(1)
Off-street parking lots
1 to 100
10.13(2),(3),(4)
Vocational school, municipal market and library parking lots
1 to 25
10.14(exc.(7)(e)
Parking meter zones & municipal parking lots
1 to 25
10.14(7)(e)
Tampering with parking meter
1 to 100
10.15
Bicycle regulations
5 to 20
(In addition to or in lieu of the fine for Sec. 10.15, the violator's bicycle registration may be suspended for a period not exceeding ninety (90) days)

10.17 Collection of Forfeitures For Non-Moving Traffic Violations: State Procedures Adopted.

(1) 
Definition. A "non-moving traffic violation" is any parking of a vehicle in violation of a statute or an ordinance.
(2) 
Statutes Adopted. The procedures provided for in Secs. 345.28 and 345.34 to 345.47, inclusive, of the Wisconsin Statutes, are hereby specifically adopted and shall be followed in actions to recover forfeitures for non-moving traffic violations, as defined in Section (1) above.
(3) 
Costs Assessed. The West Allis Police Department shall have the authority to determine the administrative costs of enforcement in collection of forfeitures for non-moving traffic violations under this section, from time to time, as may be necessary to adjust the same, and shall keep the municipal court informed of the same, which court shall assess the same against violators and cause such to be collected along with stipulations; but, in no event shall such costs be less than the following:
(a) 
After ten (10) days and a first notice has been sent, ten dollars ($10.);
(b) 
After twenty-eight (28) days and a second notice has been sent, twenty dollars ($20.);
(c) 
After the citation has been referred to the Department of Transportation for a suspension of registration, as permitted by Subsection (2) above, forty dollars ($40.).

10.18 Cruising.

(1) 
Findings and Purpose. It is hereby found that a threat to the public health, safety and welfare arises from the congestion created by the repetitive unnecessary driving of motor vehicles, also known as cruising, at certain times on certain highways within the City of West Allis. The purpose of this ordinance is to reduce the dangerous traffic congestion, as well as the noise, air pollution, obstruction of streets, sidewalks and parking lots, impediment of access to shopping centers or other buildings open to the public, interference with use of property or conduct of business resulting from cruising, and to insure access for emergency vehicles to and through the said highways.
(2) 
Definitions.
(a) 
"Cruising" shall mean driving a motor vehicle past a traffic control point, on a highway in the designated area, more than twice in any two (2) hour period between the hours of 8:00 p.m. and 5:00 a.m. Passing a designated control point a third time under the aforesaid conditions shall constitute unnecessary repetitive driving and cruising and, therefore, a violation of this section.
(b) 
"Designated area" shall mean S. 108 St. (State Trunk Highway 100) in the City of West Allis, from the North City Limits to the South City Limits.
(c) 
"Traffic control point" shall mean a reference point within or adjacent to a designated area selected by a police officer for the purpose of enforcing this section.
(3) 
Cruising Prohibited. It shall be unlawful for anyone to engage in cruising. For the purposes of this section, the person having control or ownership of a motor vehicle shall be considered the person cruising, without regard as to whether that person was actually driving the motor vehicle each time it passed the traffic control point. Having control or ownership of a motor vehicle shall mean either the owner of said vehicle, if present in the vehicle at the time of the violation, or, if the owner is not present, the person operating the vehicle at the time of violation.
(4) 
Exclusions. This section shall not apply to:
(a) 
Any publicly owned vehicle of any city, county, state, federal or other governmental unit, while such vehicle is being used for the official purposes of said governmental unit.
(b) 
Any authorized emergency vehicle.
(c) 
Any taxicabs for hire, buses or other vehicles being driven for business purposes.
(d) 
Any vehicle owned by a school or school district while such vehicle is being used for the official purposes of said school or school district.
[Ord. O-2014-0026, 5/6/2014]
(5) 
Penalties. Any person violating the provisions of this ordinance shall forfeit the sum of one hundred fifty dollars ($150) upon the first conviction under this section within a one-year period. For a second conviction under this section within a one-year period, the person shall forfeit the sum of three hundred dollars ($300). For a third or subsequent conviction under this section within a one-year period, the person shall forfeit the sum of six hundred dollars ($600). For all violations, 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 Section 800.095(1)(b)1 of the Wisconsin Statutes, or by suspension of the person’s operating privilege, pursuant to Section 800.095(1)(a) of the Wisconsin Statutes. For purposes of counting the one-year period, the date of violation shall be used.
[Ord. O-2003-0065, 10/7/2003; Ord. O-2014-0026, 5/6/2014]

10.18.1 Vehicle Owner's Liability for Cruising.

[Ord. O-2014-0027, 5/6/2014]
(1) 
Definitions.
(a) 
"Dealer" means a person who, for a commission or other thing of value, sells, exchanges, buys or rents, or offers or attempts to negotiate a sale or exchange of an interest in motor vehicles, recreational vehicles, trailers or semitrailers, or who is engaged wholly or in part in the business of selling motor vehicles, recreational vehicles, trailers or semitrailers.
(b) 
"Owner" shall mean a lessee of a vehicle or a person who holds the legal title of a vehicle, except that if legal title is held by a secured party with the immediate right of possession of the vehicle vested in the debtor, the debtor is the owner for the purposes of this section.
(2) 
The owner of a vehicle involved in a violation of Section 10.18 for cruising shall be presumed liable for the violation as provided in this section.
(3) 
Notwithstanding Subsection (2), no owner of a vehicle involved in a violation of Section 10.18 for cruising may be convicted under this section if the person operating the vehicle or having the vehicle under his or her control at the time of the violation has been convicted for the violation under Section 10.18.
(4) 
Procedure for Issuance of a Citation. An officer shall investigate the violation and may prepare a municipal citation for the violation. Within seven (7) days of the violation date, an officer shall serve the citation by personally serving it upon the owner of the vehicle, by leaving a copy of the citation at the owner's usual place of abode in compliance with Section 801.11(1)(b) of the Wisconsin Statutes, or by mailing the citation to the owner of the vehicle by first-class mail.
(5) 
Defenses to the Imposition of Liability. Defenses to a citation issued under this section include:
(a) 
That a truthful report that the vehicle was stolen was given to a law enforcement officer before the violation occurred or within a reasonable time after the violation occurred.
(b) 
If the owner of the vehicle provides a West Allis police officer with the name and address of the person operating the vehicle or having the vehicle under his or her control at the time of the violation and sufficient information for the officer to determine that probable cause does not exist to believe that the owner of the vehicle was operating the vehicle at the time of the violation, then the owner of the vehicle shall not be liable under this section.
(c) 
If the vehicle is owned by a lessor of vehicles and at the time of the violation the vehicle was in the possession of a lessee, and the lessor provides a West Allis police officer with the information required under Section 343.46(3) of the Wisconsin Statutes then the lessee and not the lessor shall be liable under this section.
(d) 
If the vehicle is owned by a dealer, and at the time of the violation the vehicle was being operated by or was under the control of any person on a trial run, and if the dealer provides a West Allis police officer with the name, address and operator's license number of the person operating the vehicle, then that person and not the dealer shall be liable under this section.
(6) 
Exclusions. This section shall not apply to:
(a) 
Any publicly owned vehicle of any city, county, state, federal, or other governmental unit while such vehicle is being used for the official purposes of said governmental unit.
(b) 
Any authorized emergency vehicle.
(c) 
Any taxicabs for hire, buses, or other vehicles being driven for business purposes.
(d) 
Any vehicle owned by a school or school district while such vehicle is being used for the official purposes of said school or school district.
(7) 
Penalties. Any person violating the provisions of this ordinance shall forfeit the sum of one hundred fifty dollars ($150) upon the first conviction under this section within a one-year period. For a second conviction under this section within a one-year period, the person shall forfeit the sum of three hundred dollars ($300). For a third or subsequent conviction under this section within a one-year period, the person shall forfeit the sum of six hundred dollars ($600). For all violations, 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 Section 800.095(1)(b)1 of the Wisconsin Statutes, or by suspension of the person's operating privilege, pursuant to Section 800.095(1)(a) of the Wisconsin Statutes. For purposes of counting the one-year period, the date of violation shall be used.

10.19 Outstanding Unpaid Forfeiture.

No person may be issued a parking permit under this chapter if the person has not paid overdue parking citations or forfeitures for a violation of a City ordinance.

10.20 Riding Bicycle on Sidewalk.

[Ord. 6363, 2/3/1998; Ord. 6383, 4/21/1998]
(a) 
Pursuant to Sec. 346.94(1) of the Wisconsin Statutes, the operation of bicycles upon a sidewalk is permitted in the City, except in the following locations:
[Ord. O-2013-0050, 11-5-2013]
1. 
Sidewalks in the Central Business District along West Greenfield Avenue, from South 70 Street to South 76 Street.
a. 
This exception shall not apply to bicycles when operated by children under the age of twelve (12) years old.
2. 
The person operating a bicycle on a sidewalk shall follow all other applicable rules of the road.
(b) 
Every bicycle being operated on a sidewalk and passing a pedestrian proceeding in the same direction shall be equipped with a device such as a horn, bell or buzzer to give the audible signal required by Sec. 346.804 of the Wisconsin Statutes, or the bicyclist shall verbally inform the pedestrian that the pedestrian is going to be passed and on which side.
(c) 
The penalties set forth in Sec. 346.82 of the Wisconsin Statutes shall apply to violations of this section.

10.21 Unregistered Motor Vehicles Prohibited on Streets.

[Ord. O-2008-0043, 9/2/2008]
(1) 
Definition. In this section, "unregistered motor vehicle" means any motor vehicle that is located upon any alley, street, highway, public way or thoroughfare and that is not displaying valid registration plates, a temporary operation plate, or other evidence of registration as provided under Section 341.18(1), Wis. Stats., for the vehicle's current registration period or for a registration period for the vehicle that expired within the immediately preceding thirty-one (31) days.
(2) 
Prohibition. In accordance with Wisconsin State Statutes Section 341.65, no unregistered motor vehicle may be located upon any alley, street, highway, public way or thoroughfare within the City.
(3) 
Towing. Any police officer or parking enforcement operator who discovers any unregistered motor vehicle located in violation of this section may cause the motor vehicle to be removed to a suitable place of impoundment. Upon causing the removal of the motor vehicle by a towing service, the officer or parking enforcer shall, within twenty-four (24) hours of ordering the removal, notify the towing service of the name and last known address of the registered owner and all lienholders of record on the vehicle. Within twenty-four (24) hours, the officer or parking enforcer shall also send a notice to the most recent registered owner's last known address, by first-class mail, informing the owner of the location of the vehicle, the procedure for reclaiming the vehicle, and the availability of a hearing in front of the Police Chief or Chief's designee.
[Ord. O-2015-0031, 5/19/2015]
(4) 
Costs. The owner of any unregistered motor vehicle is responsible for all costs of impounding, storage, and disposing of the motor vehicle. Costs not recovered from the sale of the vehicle may be recovered in a civil action by the City against the owner.
[Ord. O-2015-0031, 5/19/2015]
(5) 
Release of vehicle. The owner of an unregistered vehicle that is impounded under this subsection may secure release of the motor vehicle by paying any forfeiture imposed for violation of this ordinance, paying the reasonable costs of impounding and storing the motor vehicle, and by providing satisfactory evidence of one (1) of the following:
[Ord. O-2015-0031, 5/19/2015]
(a) 
That the motor vehicle is currently registered in this state.
(b) 
That a complete application for registration for the motor vehicle, including evidence of inspection under Wis. Stat. Section 110.20 when required, accompanied by the required fee has been delivered to the Wisconsin Department of Transportation or deposited in the mail properly addressed with postage prepaid.
(c) 
That the motor vehicle is exempt from registration under Chapter 341 of the Wisconsin Statutes.
(6) 
Appeal Procedure.
[Ord. O-2015-0031, 5/19/2015]
(a) 
For the purposes of this section, pursuant to Wisconsin Statute § 68.16, the City of West Allis is specifically electing not to be governed by Chapter 68 of the Wisconsin Statutes.
(b) 
A vehicle owner may request a hearing before the Police Chief or Chief's designee within seven (7) days of receiving the mailed notice of impoundment. Any request shall be written, shall be filed at the West Allis Police Department, shall explain why the vehicle should not have been impounded, and shall include any evidence that the vehicle owner wishes to submit in support of the request. Upon receipt of the hearing request, the Police Chief or Chief's designee shall review the determination to impound the vehicle under this section and issue a written decision within seventy-two (72) hours of receiving the hearing request. The Police Chief or Chief's designee's review shall be the final determination, the provisions of Section 2.48 notwithstanding. If a vehicle owner does not file a timely written request for a hearing with the Police Chief or Chief's designee, the owner waives the right to assert that the vehicle did not meet the criteria for impoundment under this section.
(7) 
Any motor vehicle in violation of this subsection may be impounded until lawfully claimed or disposed of under Subsection (8) except that if the Police Chief or Chief's designee determines that the cost of towing and the storage charges for the impoundment would exceed the value of the vehicle, the motor vehicle may be junked or sold by the City prior to expiration of the impoundment period upon determination by the Police Chief or Chief's designee that the motor vehicle is not stolen or otherwise wanted for evidence or other reason. All substantially complete motor vehicles in excess of nineteen (19) model years of age shall be disposed of in accordance with Subsection (8).
[Ord. O-2015-0031, 5/19/2015]
(8) 
Any motor vehicle that is impounded and not disposed of under Subsection (7) shall be retained in storage for a minimum period of ten (10) days after certified mail notice has been sent to the owner and lienholders of record, if known or readily ascertainable, to permit reclamation of the motor vehicle after payment of accrued charges and, for reclamation of the motor vehicle by the owner in compliance with Subsection (5). Such notice shall set forth the year, make, model, and serial number of the motor vehicle and the place where the motor vehicle is being held, and shall inform the owner and any lienholders of their right to reclaim the motor vehicle. The notice shall state that the failure of the owner or lienholders to exercise their rights to reclaim the motor vehicle under this section shall be considered a waiver of all right, title and interest in the motor vehicle and a consent to the sale of the motor vehicle. Each retained motor vehicle not reclaimed by its owner or lienholder may be sold. The sale of the vehicle shall be in compliance with Wis. Stat. Section 341.65(2)(g) and (h).
[Ord. O-2015-0031, 5/19/2015]
(9) 
Penalty. Any person violating Subsection (2) of this ordinance shall be required to forfeit not less than one hundred dollars ($100) nor more than five hundred dollars ($500). For a second or subsequent violation within a twelve-month period, the person shall be required to forfeit not less than two hundred dollars ($200) nor more than one thousand dollars ($1,000). 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 Section 800.095(1)(b)1 of the Wisconsin Statutes, or by suspension of the defendant's operating privilege, pursuant to Sections 343.30 and 345.47 of the Wisconsin Statutes. Each and every day that an offense continues constitutes a separate offense.
[Ord. O-2015-0031, 5/19/2015]
(10) 
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.
[Ord. O-2015-0031, 5/19/2015]