City of West Allis, WI
Milwaukee County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents

17.01 Definitions and Rules For Construction.

The following definitions and rules of construction shall be observed in interpretation of this Revised Municipal Code, unless otherwise expressly provided in any section hereof or unless the context of any section clearly requires otherwise.
(1) 
Revised Municipal Code. The term "Revised Municipal Code," or the work "Code," unless context otherwise requires, shall be deemed to mean the same as "Revised Municipal Code of the City of West Allis, Wisconsin."
(2) 
City. The word "City" shall be deemed to mean the City of West Allis, a municipal corporation in the State of Wisconsin.
(3) 
Council and City Council. The word "Council" and the terms "City Council" or "Common Council" shall be deemed to mean the Common Council of the City of West Allis, a legislative branch of the City of West Allis.
(4) 
Gender. When any subject matter, party or person is described or referred to by words importing the masculine, females, as well as males, firms, associations and corporate organizations, as well as individuals, shall be deemed to be included.
(5) 
Number. When any subject matter, party or person is described or referred to by words importing the singular number, the plural and persons and bodies corporate shall be deemed to be included.
(6) 
Person. The word "person shall include a firm, corporation, association or other organization acting as a group or unit, as well as an individual. It shall also include an executor, administrator, trustee, receiver or other representative appointed according to law. Whenever the word "person" is used in any section of this Revised Municipal Code prescribing a penalty or fine, as to firms, associations and other organizations, the words shall include the partners, members or agents who are responsible for any violation of said section thereof and, as to corporations, shall include the officers, agents or members thereof who are responsible for any violation of said section.
(7) 
Evidence. Any printed copy of the Revised Municipal Code or any printed supplement thereto, containing a printed certificate of the City Clerk as to correctness, shall be received in evidence in any court for the purpose of proving any charter and ordinances therein contained with like effect and for the same purpose as the original ordinances, minutes or journals would be received.
(8) 
Reference to Wisconsin Statutes. All references in this Code to any sections of the Wisconsin Statutes shall be taken to mean the most recently revised and published edition of the Wisconsin Statutes, as from time to time amended, modified, repealed or otherwise altered by the State Legislature.
(9) 
Health Commissioner. Whenever the title "Health Officer" is used in this Code it shall be taken to mean "Health Commissioner." From time to time hereafter, as pages from this Code are reprinted, the City Clerk shall substitute the title of "Health Commissioner" for the title "Health Officer."
(10) 
Wards and Aldermanic Districts. Wherever the word "Ward" is used in this Code it shall be taken to mean "Aldermanic District," until such time as the page where such reference is contained is reprinted. Following such new printing of a Code page, the word "Ward" shall mean that which was formerly denominated "Precinct," as used in this Code, it shall be taken to mean "Ward." From time to time hereafter, as pages from this Code are reprinted, the City Clerk shall substitute "Aldermanic District" or "Aldermanic Districts" for "Wards," and "Ward" or "Wards" for "Precinct" or "Precincts."
(11) 
License and Health Committee. Whenever the term "Public Welfare Committee" is used in this Code, it shall be taken to mean "License and Health Committee." From time to time hereafter, as pages from this Code are reprinted, the City Clerk shall substitute the term "License and Health Committee" for "Public Welfare Committee."
(12) 
Administration and Finance Committee. Whenever the term "Public Administration Committee" is used in this Code, it shall be taken to mean "Administration and Finance Committee." From time to time hereafter, as pages from this Code are reprinted, the City Clerk shall substitute the term "Administration and Finance Committee" for "Public Administration Committee."
(13) 
Director of Planning & Housing. Whenever the title "City Planner" is used in this Code, it shall be taken to mean "Director of Planning & Housing." From time to time hereafter, as pages of this Code are reprinted, the City Clerk shall substitute the title of "Director of Planning & Housing" for the title "City Planner."
(14) 
Director of Building Inspections & Zoning. Whenever the title "Director of Building Inspection" is used in this Code, it shall be taken to mean "Director of Building Inspections & Zoning." From time to time hereafter, as pages of this Code are reprinted, the City Clerk shall substitute the title of "Director of Building Inspections & Zoning" for the title "Director of Building Inspection."
(15) 
Safety and Development Committee. Whenever the term "Public Safety Committee" is used in this Code, it shall be taken to mean "Safety and Development Committee." From time to time hereafter, as pages from this Code are reprinted, the City Clerk shall substitute the term "Safety and Development Committee" for "Public Safety Committee."
(16) 
Alderpersons. Whenever the term "Alderman" is used in this Code, it shall be taken to mean "Alderperson." From time to time hereafter, as pages of this Code are reprinted, the City Clerk/Treasurer shall substitute the term "Alderperson" for "Alderman."
[Ord. O-2003-0075, 11/18/2003]
(17) 
Department of Building Inspections & Neighborhood Services. Whenever the terms "Department of Building Inspections & Zoning" and "Director of Building Inspections & Zoning" are used in this code, it shall be taken to mean "Department of Building Inspections & Neighborhood Services" and "Director of Building Inspections & Neighborhood Services." From time to time hereafter, as pages of this Code are reprinted, the City Clerk/Treasurer shall substitute these new terms for the Department and its Director.
[Ord. O-2008-0053, 12/2/2008]
(18) 
City Clerk or City Treasurer. Wherever the term "Clerk/Treasurer" is used in this Code, it shall be taken to mean the City Clerk or the City Treasurer as the context and the operation of Section 2.10 determine is appropriate. From time to time hereafter, as pages of this code are reprinted, the City Clerk shall substitute these new terms.
[Ord. O-2014-0024, 5/20/2014]

17.02 Titles, Chapters, Sections.

(1) 
Reference to this Code. All references to titles, chapters, sections, subsections or paragraphs refer to this Code of revised ordinances, unless otherwise indicated.
(2) 
Headings and Catch Lines. In this Revised Municipal Code, the headings and catch lines of the sections printed in bold face type are intended as mere catch words to indicate the contents of the sections, and shall not be deemed or taken to be a part of the sections in any substantive sense whatever.
(3) 
Conflict. If the provisions of the different Chapters of this Code conflict with or contravene each other, the provisions of each Chapter shall prevail on all matters and questions arising out of the subject matter of such Chapter.

17.03 Repeal of Ordinances.

(1) 
Ordinances Repealed. All ordinances heretofore adopted, and which shall be inconsistent with any of the provisions of this Code, are hereby repealed, except those ordinances and parts thereof referred to in the following subsection (2) of this section.
(2) 
Ordinances Not Repealed. All ordinances or parts of ordinances in force relating to the following subjects are not repealed:
(a) 
Salaries.
(b) 
Railroad, utility and other franchises.
(c) 
Grading, vacation, discontinuance and name of public streets and alleys.
(d) 
Annexation.
(e) 
Tax levies.
(f) 
Water utility rates, rules and regulations and sewer and water main construction.
(g) 
Bond ordinances.
(h) 
Street lighting.
(i) 
Sidewalk, street and other construction.
(j) 
Police and Firemen's Pension Funds.
(3) 
Repeal of a Repealing Ordinance. When any ordinance repealing a former ordinance or clause, or provision thereof, shall itself be repealed, such repeal shall not be construed to revive such former ordinance, clause or provision.
(4) 
Offenses Committed Before Repeal. No offense committed and no fine, forfeiture or penalty incurred before the provisions of any ordinance or part of an ordinance are repealed, shall be affected, released or in any way discharged by such repeal. But trial, conviction and punishment for any such offense and recovery of fines, forfeitures and penalties shall be had in all respects as if the repealed provisions had remained in force.

17.04 General Penalty.

Whenever in any section of this Code or any section of a rule or regulation promulgated hereunder, the doing of any act is required, prohibited or declared to be unlawful and no definite forfeiture or penalty is provided for a violation thereof, any person, firm or corporation, who shall be convicted of a violation of any such section shall, for each offense, forfeit a sum more than one hundred dollars ($100), together with the costs of prosecution, and in default of payment thereof, shall be imprisoned in the House of Correction until such forfeiture and costs are paid, not to exceed four (4) days. The suspension or revocation of any license, certificate evidencing accord of inspection services or other privilege conferred by the City, shall not be regarded as a penalty for the purposes of this Code. Each and every day a violation continues constitutes a separate offense.

17.05 Judgment to Include Cost and Sentence.

Whenever a fine is imposed as punishment for any offense, or when a penalty or forfeiture is recovered for doing any act or neglecting to do any act by virtue of any of the provisions of this Code, the judgment shall also include the costs of prosecution and shall provide for imprisonment in the House of Correction for the designated period for default in the payment of such fine, penalty, forfeiture or costs. All judgments shall be thus rendered whether the provision under which a prosecution or proceeding is had shall specifically so direct or not.

17.06 Severability.

If any provision of this Code or any provision of any rule or regulation lawfully promulgated hereunder or any application of this Code or rule or regulation promulgated hereunder to any person, firm, or corporation or circumstance is held invalid or inoperative, such invalidity or inoperativeness shall not affect other provisions or applications of the Code or rules or regulations. The Council hereby declares that in these regards, the provisions of this Code and all rules and regulations promulgated hereunder are severable.

17.07 Publication; Effective Date.

This Code containing the revised general ordinances of West Allis shall be known as the Revised Municipal Code of the City of West Allis, Wisconsin, and the proper officials are hereby ordered to publish the Code in bound, loose-leaf book form. Publication of this Code shall be complete the day the Code is thus printed in book form. A copy of such Code shall be kept on file and open for public inspection in the office of the City Clerk.

17.08 Forfeitures and Penalties for Nonpayment.

(a) 
Whenever the term "fine" is used in this Code with reference to the penalty to be imposed for violation of a provision of this Code, it shall be taken to mean "forfeiture."
(b) 
Whenever a term of imprisonment is imposed for failure to pay a forfeiture, the maximum time imposed shall not exceed the number of days set forth in sec. 800.095(4) of the Wisconsin Statutes, not withstanding any provision of this Code imposing a greater number of days in jail. As an alternative to imposing jail time for nonpayment of a forfeiture, the Municipal Judge may suspend operating privileges, pursuant to secs. 343.30 and 345.47 of the Wisconsin Statutes.
(c) 
Each and every day that a violation of this Code continues constitutes a separate offense unless specifically stated otherwise.

17.09 Effect of Ordinances on Resolutions, Policies and Rules.

[Ord. O-2003-0035, 5/6/2003]
(a) 
The passage of any ordinance or the amendment or repeal of any ordinance shall be effective to change any resolution, policy or rule of the City to the same extent as if the resolution, policy or rule concerning the same topic had been amended or repealed.
(b) 
City staff is authorized to prepare drafts of new policies and rules that have been affected by ordinance passage, amendment or repeal for Common Council review.
(c) 
To the extent that any resolution, policy or rule conflicts with an ordinance, the provisions of the ordinance shall govern.

17.10 Citation Authority.

[Ord. O-2013-0052, 11/19/2013; Ord. O-2014-0003, 2/4/2014; Ord. O-2017-0024, 6/6/2017]
The Director of the Department of Building Inspection and Neighborhood Services, the Health Commissioner, the Director of Public Works, and the Director of Development, or their designees, shall have the authority, pursuant to Section 66.0113(2), Wis. Stat., to issue citations for violations of this Municipal Code. Such authority to issue citations is limited to the code or codes that such respective department is charged with enforcing. In addition, all sworn law enforcement officers of the West Allis Police Department are authorized to issue a citation for any violation of this Code. Community service officers, as designated by the West Allis Police Chief, have the authority to issue citations, pursuant to Wis. Stat. Section 66.0113(2), for any violation of Chapters 6, 7, 9, 10, or 11 of this Municipal Code. Parking control officers, as designated by the West Allis Police Chief, have the authority to issue citations, pursuant to Wis. Stat. Section 66.0113(2), for any violation related to parking, stopping, or standing of vehicular traffic contained within this Municipal Code or state statute related to parking, stopping, or standing of vehicular traffic and adopted by this Municipal Code.

17.11 Changes In State Law Or State Departments Or Agencies Incorporated.

[Ord. O-2015-0022, 4/7/2015]
(1) 
Whenever a provision of any ordinance of the City of West Allis refers to a department of the State of Wisconsin and the name of such department is subsequently changed by statute or other state action or the subject matter jurisdiction of the matter referred to in the ordinance is assigned to a different department or agency of the State, the ordinance provision containing such reference shall be deemed amended as of the effective date of the change of name or assignment of jurisdiction to reflect such change, and the City officers charged with maintaining the code of ordinances are empowered to indicate such change in the official version of the Code.
(2) 
Whenever a provision of any ordinance of the City of West Allis incorporates by specific reference or refers to a provision of the Wisconsin Statutes or Wisconsin Administrative Code and such provision is subsequently renamed, renumbered, or amended, the ordinance provision containing such reference shall be deemed amended to reflect such change as of the effective date of the change to the Wisconsin Statutes or Wisconsin Administrative Code, and the City officers charged with maintaining the code of ordinances are empowered to indicate such change in the official version of the Code.