City of West Allis, WI
Milwaukee County
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7.01 City Health Commissioner.

(1) 
How Appointed. See Section 2.24 of this Code.
(2) 
Powers and Duties.
[Ord. 6075, 2/16/1994]
(a) 
State Regulations. The Health Commissioner of the City shall have the powers and duties provided in Sec. 251.06(3) of the Wisconsin Statutes, the rules and regulations of the State Department of Health and Social Services, the regulations of the West Allis Board of Health and the ordinances of the City.
(b) 
General Powers. In addition to the powers and duties set forth in Chapter 251 of the Wisconsin Statutes, the Health Commissioner shall:
1. 
Make an annual survey and maintain a continuous sanitary supervision over his territory.
2. 
Make a sanitary inspection periodically of all school buildings and places of public assemblage, and report thereon to those responsible for the maintenance thereof.
3. 
Promote the dissemination of information pertaining to the causes, nature and prevention of prevalent diseases and the preservation and improvement of health.
4. 
Take steps necessary to secure prompt and full reports by physicians of communicable diseases and prompt and full registration of births and deaths.
5. 
Keep and deliver to his successor a record of all official acts.
(3) 
Right to Enter Premises. The Health Commissioner, and any persons acting under him, is hereby authorized to enter into and examine, at any time, all buildings, lots and places of all descriptions, within the City of West Allis, for the purpose of ascertaining the condition thereof, so far as the public health may be affected thereby, and it shall be the duty and right of said Health Commissioner to enter and examine, or cause to be entered and examined, all such buildings, lots and places for the purpose of ascertaining the condition thereof, so far as public health may be affected thereby, and whenever, in his judgment, he shall deem it necessary.
(4) 
Assistance From Police and Others. The police and all magistrates and other civil officers and all citizens shall aid, to the utmost of their power, the Health Commissioner in the discharge of his duties and, on his requisition, the Chief of Police shall serve or detail one or more policemen to serve the notices issued by the Commissioner and to perform such other duties as he may require.
(5) 
Interfering With Commissioner. No person, firm or corporation shall resist or obstruct the Commissioner of Health, or any of his assistants, while in the discharge of any duty, or who shall refuse or neglect to obey any direction given by the said officer, or his agents, in matters pertaining to his duties.

7.02 Contagious Diseases.

(1) 
Definition. Communicable diseases. Such diseases as are, in fact, communicable, and so determined by the State Board of Health, by rule, shall be within the term "communicable disease," as used in this section.
(2) 
Contact Cases in Schools. Upon the appearance of any dangerous communicable disease, the local Health Commissioner shall give written notice to the principal or teacher of each school, and the librarian of each library, of the names of all families where the disease exists. If the rules of the State Board of Health provide for the exclusion from school of persons who live in homes where such disease exists, the Health Commissioner shall request the principal of the school to exclude from school all such persons, until a written order signed by the Health Commissioner, permitting attendance, is presented. When the principal or teacher of a school has been notified of the prevalence of a dangerous communicable disease in the School District, or when the principal or teacher of the school knows or suspects that a dangerous communicable disease is present in the school, he shall, at once, notify the Health Commissioner who must then investigate the matter.
(3) 
Duty to Report Communicable Diseases. It shall be the duty of every physician called to attend a person sick with any of the diseases declared to be dangerous and communicable by the State Board of Health, within twenty-four (24) hours thereafter, to report, in writing or telephone, the name and residence of such persons to the Health Department of the City; and, where a physician is not called, it shall be the duty of the owner or agent of the building, in which such person resides, or of the head of the family or guardian in which such disease occurs to report, in writing or telephone, the name and residence of the patient to the Health Commissioner.
(4) 
Quarantine and Placarding. When the Health Commissioner shall suspect or be informed of the existence of any communicable disease, he shall at once investigate and make or cause such examinations to be made, as are necessary. The diagnosis (report) of a physician, or the notification or confirmatory consent of a parent or caretaker of the patient, or a reasonable belief in the existence of such disease shall be sufficient evidence; and, having any of these, the Health Commissioner shall immediately quarantine, placard, isolate or require restrictions in such manner and upon such persons and for such time as the State Board of Health provides in its rules. The Health Commissioner shall be responsible for the prompt placing and removal of signs, shall investigate evasion of the laws and rules upon communicable disease and shall so act as to protect the public.
(5) 
Interference with Placards. No person shall interfere with or obstruct the Health Commissioner or his duly authorized agent in the posting of any placard stating the existence of a case of any communicable disease in or on any place or premises, or the suspected existence of or contact with any such disease, nor shall any person conceal, mutilate, destroy or remove any such placard, except by the permission of the Health Commissioner. Whenever any duly posted placard has been concealed, mutilated, destroyed or removed, it shall be the duty of the occupant of the premises whereon such placard was posted to immediately notify the Health Commissioner thereof.
(6) 
Public Funerals Prohibited in Certain Cases. A public or church funeral shall not be held for any person who has died of the communicable diseases designated by the State Board of Health as continuing to be dangerous during the funeral.
(7) 
Parents Duty to Neglected and Affected School Children. Parents shall not permit children afflicted with a dangerous communicable disease to attend school. Neglect or refusal on the part of any principal or teacher to comply with the requirements of this section shall be sufficient cause for his dismissal.
(8) 
Enforcement of State Regulations. The statutes of the State of Wisconsin, particularly Chapter 143 thereof, and the regulations of the State Board of Health pertaining to communicable diseases, shall be enforced in the City by the Health Commissioner.

7.03 Health Nuisances.

(1) 
Nuisance Defined. Whatever is dangerous to human life or health, and whatever renders soil, air, water or food impure or unwholesome; whatever building or part or cellar thereof, if overcrowded, or not provided with adequate means of ingress or egress, or is not sufficiently supported, ventilated, sewered, drained, lighted or cleaned is hereby declared to be a nuisance and unlawful, and every person having aided in creating or contributing to the same, or who may support or continue to retain any of them shall be guilty of a violation of this section and shall, upon conviction thereof, pay for all the expense of the abatement or removal of any of such nuisances.
(2) 
Inspection of Premises. The Health Commissioner or his agents may enter into and examine any place at any time to ascertain health conditions, and no person shall refuse to allow such entrance at reasonable hours.
(3) 
Abatement or Removal. If a health nuisance be found on private property, the Health Commissioner shall order, in writing, its abatement or removal within twenty-four (24) hours; and, if the owner or occupant fails to comply, he shall be in violation of this subsection, and the Commissioner or his agents may abate or remove the nuisance.
(4) 
Cost of Abatement. The cost of abatement or removal of a nuisance by health officers may be collected from the owner or occupant, or person causing, permitting or maintaining the nuisance, or such cost may be charged against the premises and, upon certificate of the health official, assessed against the real estate, as are other special taxes.
(5) 
Expectorating in Public Places. No person shall spit, expectorate or deposit any sputum, spittle, phlegm, mucous, tobacco juice or wads of tobacco upon any sidewalk, crosswalk, alley or lane, or upon the floor, stairway, aisle of any theater, public hall or building, lodge hall, hotel or factory or any street car, bus or other public conveyance within the corporate limits of the City.
(6) 
Maintenance of Privies.
(a) 
Where Prohibited. No person, firm or corporation shall build or maintain any privy vault or vaults on any lot, part of lot or land fronting on any street or alley within the corporate limits of the City in which water pipes and sewers have been laid.
(b) 
Restrictions on Location. Any privy vault or vaults maintained on any lot, part of lot or land fronting on any street, alley or public ground, which is not provided with public sewers and water pipes, shall not be located within four (4) feet of the line of any lot, part of lot or land and shall be maintained water tight and in such sanitary conditions, as required by the Plumbing Inspector.
(c) 
Cleaning.
1. 
Any person, firm or corporation engaged in the business of emptying, cleaning, covering and removing the contents of any privy vault or cesspool shall obtain a license and perform said work, as required by the rules and regulations of the Commissioner of Health of the City.
2. 
No owner, occupant or agent of any premises, upon which a privy is maintained, shall be permitted to clean or remove the contents without the aid of a licensed scavenger, unless written permission is obtained from the Commissioner of Health and the work performed in the manner as therein directed.
3. 
The Commissioner of Health shall order the owner or agent of premises, upon which an offensive privy is maintained, to clean the same within the time directed by said order, and in case the owner or agent cannot be found, the Health Commissioner shall cause such offensive privy to be cleaned and the expense therefor to be collected as in cases of the removal or abatement of nuisances.
(7) 
Cleaning of Rugs and Carpets.
(a) 
Restrictions. No person shall beat, shake or sweep any rugs, carpets, mats or similar articles in any public thoroughfare or in any court or area within fifteen (15) feet of any building or buildings occupied by more than two (2) families.

7.031 Lead Based Paint Hazards.

(1) 
Purpose and Scope.
(a) 
The purpose of this section is to reduce and eliminate the hazard of lead poisoning, particularly among children under the age of seven (7) years.
(b) 
This regulation shall apply to all housing units located in the City of West Allis which are not owner occupied. Administration of the standards contained herein shall be on the basis of complaints or upon referral for follow-up on a child with an elevated blood-lead level.
(2) 
Definitions.
(a) 
Abatement means removal, containment or encapsulation of a lead poisoning hazard.
(b) 
Lead poisoning hazard means any lead based substance, surface or object, which may contribute to elevated blood-lead level due to its condition, location or nature, and which is accessible to children.
(c) 
Elevated blood-lead level means a concentration of lead in whole blood, as determined by a recognized laboratory, equal to or greater than twenty (20) micrograms per deciliter.
(d) 
Owner means a person, partnership or corporation, which has legal or equitable title to any dwelling or has charge, care or control of a dwelling, as agent for the owner or as executor, administrator, trustee or guardian of the estate of the owner.
(e) 
Health Commissioner means the Health Commissioner of the City, or his/her representative.
(3) 
Lead Poisoning Hazards Prohibited.
(a) 
Notice of Hazard and Abatement. No owner of any residential property, which is not owner occupied, shall create or allow to exist on that property, any lead poisoning hazard. Upon notification of the existence of a lead poisoning hazard at any property, the owner shall abate such hazard within thirty (30) days, or such time as specified in the written plan for abatement.
(b) 
Warning Required. The owner of any residential property, which is not owner occupied, at which a known lead poisoning hazard exists, shall post an easily read warning label measuring at least eight (8) inches by ten (10) inches on all outside entrance doors. The warning label shall state:
WARNING: LEAD POISONING HAZARD. EXTREME DANGER TO CHILDREN AND PREGNANT WOMEN.
(4) 
Abatement.
(a) 
When Required. Lead poisoning hazards shall be abated when they have been identified if:
1. 
The premises are occupied by children under the age of seven (7) years;
2. 
The premises are occupied by a pregnant woman;
3. 
Rental assistance or other financial payments are received on behalf of tenants; or,
4. 
Occupancy by any of the foregoing is anticipated.
(b) 
Abatement Standards. Abatement shall effectively eliminate lead poisoning hazards by removal, containment or encapsulation. The work shall be done in a manner which does not increase airborne lead-dust hazards and which does not introduce new hazards into the residential environment. In general, the following methods shall be used:
1. 
Lead poisoning hazards on large surfaces, such as walls or ceilings, shall be contained by the use of drywall, gypsum board or paneling. Floors shall be covered with tile, linoleum or acceptable poured flooring material.
2. 
Doors and decorative wood trim, which constitute a lead poisoning hazard, shall be removed and replaced or stripped off-site before reinstalling.
3. 
Window units painted with lead based paint, which creates a lead poisoning hazard, shall be removed and replaced.
4. 
Exceptions to the above may be approved by the Health Commissioner on an individual case basis, where subsections 1. through 3. above, are impractical or unnecessarily restrictive or more effective techniques are available.
(c) 
Abatement Procedures.
1. 
Tenants to be Relocated. Tenants shall be relocated away from any premises where abatement activities are being carried out. Rental payments shall be suspended for the duration of an abatement project on a pro-rata basis.
2. 
Written Plan to be Submitted. A specific written plan for the abatement process shall be submitted to the Health Commissioner prior to commencement of any abatement project. The plan shall outline the scope of the work to be done, how the abatement is to be accomplished, who will be doing the work and how waste will be removed and discarded. When the abatement work is to be done by anyone other than the owner of the property, the Health Commissioner shall require information which demonstrates the competence of that person and may require posting of an appropriate performance bond.
3. 
Site Inspection; Clearance Testing Standards.
a. 
The Health Commissioner may inspect premises at which lead poisoning hazard abatement work is being performed at any time during the abatement process. Before the abated premises may be reoccupied, the Health Commissioner shall inspect the premises and perform whatever tests, including, but not limited to, wipe testing, air sampling and x-ray fluorescence analysis, are necessary to assure removal of any lead poisoning hazards.
b. 
When wipe tests are used for clearance standards, the following lead-dust limits shall be utilized:
Floors - 200 micrograms per square foot.
Window sills - 500 micrograms per square foot.
Window wells - 800 micrograms per square foot.
(5) 
Enforcement; Penalties.
(a) 
Health Commissioner to Enforce. Administration of this section shall be the responsibility of the Health Commissioner, who shall have the powers expressly granted herein and in Chapter 151 of the Wisconsin Statutes. Appeal of any order of the Health Commissioner shall be made in writing to the Common Council, which shall schedule a hearing for no more than fourteen (14) days from receipt of the appeal. The decision of the Common Council shall be delivered to the appellant no more than seven (7) days after the date of the hearing and shall be final and binding on all parties.
(b) 
Upon conviction for default of any order from the Health Commissioner, the owner of any property on which there exists a lead poisoning hazard shall be assessed a penalty of fifty dollars ($50) to one thousand dollars ($1,000). Each day of a continuing violation may be treated as a separate offense.

7.032 Smoking Prohibition in Certain Areas.

[Ord. O-2010-0016, 6/15/2010]
(1) 
Findings. The Common Council of the City of West Allis finds that:
(a) 
It is recognized that smoking of cigarettes and tobacco products is hazardous to an individual's health and affects the health of nonsmokers when they are in the presence of smoking.
(b) 
Numerous scientific studies have found that tobacco smoke is a major contributor to indoor pollution.
(c) 
Reliable scientific studies, including studies conducted by the Surgeon General of the United States, have shown that breathing sidestream or secondhand smoke is a significant health hazard to nonsmokers; particularly to children, the elderly, individuals with cardiovascular disease and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease.
(d) 
Health hazards induced by breathing sidestream or secondhand smoke include lung cancer, respiratory infection, decreased respiratory function, decreased exercise tolerance, bronchoconstriction and bronchospasm.
(e) 
Air pollution caused by smoking is an offensive annoyance and irritant and smoking results in serious and significant physical discomfort to nonsmokers.
(2) 
Purpose. This ordinance is adopted for the purpose of:
(a) 
Protecting the public health, safety, comfort and general welfare of the people of the City of West Allis.
(b) 
Clarifying and expanding upon the state's Smoking Ban Law enacted by 2009 Act 12 under the authority created by subsection 101.123(2)(c) of the Wisconsin Statutes and subsection 101.123(4m) as created by the Act.
(c) 
Assisting owners, operators and managers in complying with state law and this ordinance.
(3) 
Definitions. Except as set forth below, the definitions of subsection 101.123(1) of the Wisconsin Statutes are hereby adopted. In this section:
(a) 
"City Buildings" means all City-owned or operated buildings and those portions of buildings leased or operated by the City.
(4) 
Prohibition Against Smoking. No person may smoke in any of the following:
(a) 
Any place prohibited by subsection 101.123(2) of the Wisconsin Statutes, which are expressly adopted and incorporated herein.
(b) 
Any City building, including the grounds of the Farmers' Market. The grounds of the Farmers' Market shall include all areas where food is displayed or offered for sale except on dates for events specifically designated by the Common Council as community events. This prohibition shall not apply to designated smoking units of Beloit Road Housing.
(c) 
Any enclosed indoor area in any place prohibited by Subsection 101.123(2) of the Wisconsin Statutes.
(d) 
Any City park or grounds while being used by the West Allis-West Milwaukee School District for school-related events.
(e) 
Within the pool area at the Liberty Heights Pool. The pool area shall include the entire area inside the chain-link fencing.
[Ord. O-2012-0001, 1/17/2012]
(5) 
Exceptions. The prohibition against smoking shall not apply to those places or areas set forth in Subsection 101.123(3) of the Wisconsin Statutes.
(6) 
Interpretation. Whenever the provisions of the Wisconsin Statutes and this section conflict, the provisions of this section shall apply.
(7) 
Outside Areas. Any person in charge of a restaurant, tavern, private club, or retail establishment that is subject to this ordinance may designate an outside area that is a reasonable distance from the entrance to said establishment where customers, employees, or persons associated with the establishment may smoke. The designated smoking area shall contain receptacles for trash and cigarette butts and shall be kept in a neat and orderly manner, and all trash or cigarette butts shall be placed in a proper receptacle.
(8) 
Statute Adopted. Except as expressly altered by this section, the provisions of Section 101.123 of the Wisconsin Statutes are hereby adopted and incorporated herein.
(9) 
Penalty.
(a) 
Any person who violates Subsection (4) or (7) shall forfeit not less than one hundred dollars ($100.) nor more than two hundred fifty dollars ($250.) for each violation.
(b) 
Any person in charge who violates Subsection 101.123(2m) of the Wisconsin Statutes shall forfeit one hundred dollars ($100.) for each violation.
(c) 
In addition to the forfeiture, any person who violates the provisions of this ordinance shall pay the costs of prosecution, except for the crime laboratories and drug law enforcement surcharge under Subsection 165.755(1)(a) of the Wisconsin Statutes. Each day of violation shall constitute a separate offense.
(10) 
Enforcement. Prior to issuing a citation to a person in charge for a violation of this ordinance, the Police Department shall first issue a written warning notice. Once a person in charge has been issued a warning, she/he may be issued citations for violations of this ordinance but not to exceed one hundred dollars ($100.) in total for all violations of Section 101.123(2m) of the Wisconsin Statutes occurring on a single day.

7.035 Noise Control Regulations.

[Ord. 6225, 4-11-1996; Ord. O-2006-0030, 6-6-2006; Ord. O-2013-0047, 11-19-2013]
(1) 
Statement of Purpose. The City of West Allis recognizes that excessive noise and vibration are serious threats to the public health and welfare, public safety, quality of life and property values. Current science and technology permit abatement of noise and vibration sources which were not available in the past. Therefore, it is the policy of the City to prevent and abate excessive noise and vibration which may jeopardize the public health, safety or welfare or which would cause harm to property values or which would impair the quality of life within the City.
(2) 
Definitions. All terminology used in this section, not defined below or elsewhere within the West Allis Revised Municipal Code, shall be given the definitions provided by applicable publications of the American National Standards Institute (hereinafter "ANSI") or its successor body.
(a) 
"A-Weighted Sound Level" means the sound pressure level in decibels as measured on a sound level meter using the "A" weighting network. The level so read is designated as db(A) or dB(A).
(b) 
"Ambient Noise" means the sound level of the all-encompassing sound associated with a given environment, being usually a composite of sounds from many sources from near and far.
(c) 
"Authorized Emergency Vehicle" means the definition of this term as set forth in Sec. 340.01(3), Wis. Stats., and any subsequent modification, revision, or amendment of that term as set forth in that section of the Wisconsin Statutes.
(d) 
"Commercial District" means any area of the City designated on the official West Allis Zoning Map, pursuant to Chapter 12 of this Code, as C-1, C-2, C-3, C-4, or PDD-2.
(e) 
"Construction" means any activity necessary or incidental to the erection, demolition, assembling, altering, installing, repairing or equipping of buildings, roadways, or utilities, including land clearing, grading, excavating and filling.
(f) 
"Day" means the hours between 7:00 a.m. and 9:59 p.m.
(g) 
"dB(A)" means the symbol designation of a noise level, reported in decibels, using the A-weighting network of a sound level meter, as defined in ANSI S1.4, Specification for Sound Level Meters. For example, noise will be reported as seventy-two (72) dB(A). For purposes of this section, the noise shall be measured using the slow exponential time weighting characteristic of the sound level meter unless otherwise noted.
(h) 
"Decibel" means a unit of measure of the volume of a sound.
(i) 
"Emergency Work" means short-term operations which are necessary to protect the public health, safety and welfare of the citizens, including emergency utility and public works operations.
(j) 
"Impulse Noise" means any sound of short duration, usually less than one (1) second, with an abrupt increase, rapid decay, and a peak value that exceeds the ambient noise level by more than ten (10) dB(A). Examples of sources of impulse noise include explosions, drop forge impacts, and the discharge of firearms.
(k) 
"Manufacturing District" means any area of the City designated on the official West Allis Zoning Map, pursuant to Chapter 12 of this Code, as M-1.
(l) 
"Maximum Sound Level" (hereinafter "Lmax") means the maximum sound level over a measurement interval determined by using a sound level meter set to "fast" response time.
(m) 
"Motor Vehicle" means any vehicle, including a combination of two (2) or more vehicles or an articulated vehicle, that is self-propelled, except a vehicle operated exclusively on a rail.
(n) 
"Night" means the hours between 10:00 p.m. and 6:59 a.m.
(o) 
"Noise Disturbance" means any sound or vibration which:
1. 
May disturb or annoy reasonable persons of normal sensitivities; or
2. 
Causes, or tends to cause, an adverse effect on the public health and welfare; or
3. 
Endangers or injures people; or
4. 
Endangers or injures personal or real property.
(p) 
"Person" means any individual, association, partnership, joint venture, company, or corporation.
(q) 
"Place of Public Entertainment" means any building that is open to the public for entertainment purposes.
(r) 
"Plainly Audible Sound" means any sound for which the information content is unambiguously communicated to the listener, such as, but not limited to, understandable speech, comprehension of whether a voice is raised or normal, repetitive bass sounds, or comprehension of musical rhythms, without the aid of any listening device.
(s) 
"Power Tool" means any device powered mechanically, by electricity, by gasoline, by diesel fuel, or by any other fuel, which is intended to be used, or is actually used for, but shall not be limited to, the performance of such functions as cutting, nailing, stapling, sawing, vacuuming or drilling.
(t) 
"Real Property Boundary" means an imaginary line along the ground surface and its vertical extension which separates the real property owned by one person from that owned by another person, but not including intra-building real property divisions.
(u) 
"Residential District" means any area of the City, designated on the official West Allis Zoning Map, pursuant to Chapter 12 of this Code, as RE, RA-1, RA-2, RA-3, RA-4, RB-1, RB-2, RC-1, RC-2, or PDD-1.
(v) 
"Root Mean Square" (hereinafter "RMS") means the square root of the mean-square value of an oscillating waveform, where the mean-square value is obtained by squaring the value of amplitudes at each instant of time and then averaging these values over the sample time.
(w) 
"Sound" means a temporal and spatial oscillation in pressure, or other physical quantity, in a medium resulting in compression and rarefaction of that medium and which propagates at finite speed to distant locations. The description of sound may include any characteristics of such sound, including duration, intensity, and frequency.
(x) 
"Sound Level Meter" means an instrument, either Type I or Type II, as defined by the most current ANSI specifications. A sound level meter for purposes of this section shall contain at least an A-scale and both fast and slow response.
(y) 
"Sound Pressure" means the instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space as produced by sound energy.
(z) 
"Sound Reproduction Device" means any device, instrument, mechanism, equipment or apparatus for the amplification of any sounds from any radio, computer, stereo, CD player, musical instrument, television, loudspeaker or other sound-making or sound-producing device or any device or apparatus for the reproduction or amplification of the human voice or other sound.
(aa) 
"Stationary Noise" means noise the source of which is either affixed to or operated upon a fixed point of land, building, or other real property.
(bb) 
"VdB" means the vibration level as measured in decibels. The reference velocity in the United States is one (1) micro-inch per second. It is calculated as VdB = 20 x log10(v / (1 x 10-6 in./sec.)), where "v" is the RMS velocity amplitude, calculated as the average of the squared amplitude of the vibration, measured in inches per second.
(cc) 
"Vibration" means a temporal and spatial oscillation of displacement, velocity, and acceleration in a solid material.
(dd) 
"Vibration Velocity Level" (hereinafter "Lv") means ten (10) times the common logarithm of the ratio of the square of the amplitude of the RMS vibration velocity to the square of the amplitude of the reference RMS vibration velocity.
(3) 
Scope and Enforcement. This section, in addition to other ordinances and statutes, shall apply to the control of noise and vibration originating within the City of West Allis. The West Allis Health Department is the primary agency responsible for the enforcement of this section, and the West Allis Police Department may also enforce the provisions of this section. The City of West Allis's policy is to comply with this section in its own operations and in the operations of its contractors and subcontractors.
(4) 
Determining Sound Levels. Sound levels shall be measured using the following procedures:
(a) 
All persons conducting sound measurements to assess compliance with this section must be trained in the current techniques and principles of sound measurement equipment and instrumentation.
(b) 
Sound level shall be measured with a Type 1 or Type 2 sound level meter that shall, as a minimum standard, conform to the specifications of ANSI S1.4-1983 (Revised 2001) with Amendments S1.4A-1995 for Type 1 or Type 2 sound level meters and be capable of both fast and slow meter response.
(c) 
The following steps must be followed when preparing to take sound level measurements:
1. 
The sound level meter manufacturer's specific instructions for preparation and use of the sound level meter shall be followed.
2. 
The sound level meter shall be calibrated periodically, in accordance with the manufacturer's instructions.
3. 
When outdoor measurements are taken, a windscreen shall be placed over the microphone of the sound level meter in accordance with the manufacturer's instructions.
4. 
The sound level meter shall be placed at an angle to the sound source, as specified by the manufacturer's instructions, and placed at least four (4) feet above the ground. The meter shall be placed so as not to be interfered with during the taking of sound measurements.
5. 
Impulsive noise shall be measured with the sound level meter set for fast meter response; all other noise shall be measured with the sound level meter set for slow meter response.
6. 
All sound level measurements shall be made using an "A" weighted network of the sound level meter.
(5) 
Determining Vibration Levels. Vibration levels shall be measured using the following procedures:
(a) 
All persons conducting vibration measurements to assess compliance with this section must be trained in the current techniques and principles of vibration measurement equipment and instrumentation.
(b) 
The instrument manufacturer's specific instructions for preparation and use of the instrument shall be followed.
(6) 
Maximum Permissible Sound Levels.
(a) 
General Limitations. Except as enumerated in Subsection (8) of this section below, in the following zoning districts, the noise emitted from any source of stationary noise shall not exceed the following dB(A) limits at any point beyond one hundred twenty-five (125) feet outside of the real property boundary of the source of the stationary noise or beyond one hundred twenty-five (125) feet of the noise source on public property:
Sound Pressure Level
Zone
Time
Decibel (dB(A) Level
Residential, Park District
10:00 p.m. to 6:59 a.m.
7:00 a.m. to 9:59 p.m.
55 dB(A)
65 dB(A)
Commercial, Manufacturing
10:00 p.m. to 6:59 a.m.
60 dB(A)
7:00 a.m. to 9:59 p.m.
70 dB(A)
(b) 
A reduction of five (5) dB(A) will apply to each of the limitations set forth under Subsection (6)(a) for all impulse noises.
(c) 
When the ambient level is two (2) dB(A) or more above a noise limitation, a source may add no more than three (3) dB(A) to the ambient level.
(7) 
Public Nuisance. Excessive noise and vibration, as defined in this section, is hereby deemed and declared to be a public nuisance and may be subject to summary abatement procedures, as provided in Section 7.03(3) and Section 18.04 of this Code. Such abatement shall be in addition to administrative proceedings, forfeitures, and penalties provided in this section.
(8) 
Noise Disturbance Prohibited. No person shall make, continue, or cause to be made or continued, any noise disturbance. No person shall make, continue, or cause to be made or continued any noise which exceeds the noise limitations as set forth in this section.
Unamplified, noncommercial public speaking and public assembly activities conducted at conversational voice levels on any public property or public right-of-way shall be exempt from the operation of this article if such sound is not plainly audible beyond one hundred fifty (150) feet or does not infringe on the legitimate rights of others.
(a) 
Sound Reproduction Devices. No person shall operate, play, or permit the operation of or playing of any sound reproduction device at night that is plainly audible across a real property boundary. No person shall operate, play, or permit the operation of or playing of any sound reproduction device during the day that is plainly audible from one hundred fifty (150) feet beyond the real property line of the premises from which it emanates or from the source if located in a public street, public park, or other public place.
(b) 
Sound Amplification Device. No person shall use or operate any sound amplification device, loudspeaker, public address system, or similar device at night that is plainly audible across a real property boundary. No person shall use or operate any sound amplification device, loudspeaker, public address system, or similar device during the day that is plainly audible at a distance of one hundred fifty (150) feet.
(c) 
Loading and Unloading. No person shall load, unload, open, close, or otherwise handle boxes, crates, containers, building materials, garbage cans, or similar objects at night, in a manner that is plainly audible across a real property boundary.
(d) 
Domestic Power Tools. No person shall operate or permit the operation of any mechanically powered saw, drill, sander, grinder, lawn or garden tool, leaf blower, or similar device at night.
1. 
This subsection does not apply to snowblowers being used to remove snow that has fallen within the past twenty-four (24) hours.
(e) 
Tampering. No person shall remove or render inoperative any noise control device, element of design, or noise label of any product other than for the purpose of maintenance, repair, or replacement; no person shall modify or replace any noise control device to increase the sound pressure level of the device.
(f) 
Multifamily dwellings. No person shall make, continue, or cause to be made or continued any noise disturbance at night that is plainly audible in another occupied space within any multifamily dwelling within the real property boundary.
(g) 
Places of Public Entertainment. No person shall operate, play or permit the operation or playing of any sound reproduction device, sound amplifier, or similar device, or any combination thereof, which produces, reproduces, or amplifies sound in any place of public entertainment at a sound level greater than one hundred (100) dB(A), as read by the slow response on a sound level meter at any point that is normally occupied by a customer, unless a conspicuous and legible sign which is at least two hundred twenty-five (225) square inches in area is placed outside such place, near each public entrance, stating: "WARNING: SOUND LEVELS WITHIN MAY CAUSE PERMANENT HEARING IMPAIRMENT."
(h) 
Train Warning Devices. No person owning or operating any railroad, or any of its agents and employees, shall cause the ringing of any bell or the blowing of any whistle or horn within the City limits on any locomotive under his/her control, except in the event of an emergency to avoid an impending accident or where otherwise permitted by state or federal law.
(i) 
Motor Vehicles.
1. 
Light Motor Vehicles. No person shall create or cause or permit noise levels from the operation of any motor vehicle of ten thousand (10,000) pounds' gross vehicle weight rating or less, including but not limited to passenger automobiles, light trucks or motorcycles, in excess of eighty (80) dB(A) at any location within the corporate limits of the City of West Allis. Measurement shall be made at a distance of fifteen (15) feet or more from the closest approach of the vehicle.
2. 
Heavy Motor Vehicles. No person shall create or cause or permit noise levels from the operation of any motor vehicle of more than ten thousand (10,000) pounds' gross vehicle weight rating in excess of eighty-six (86) dB(A) in a zone with a speed limit of more than thirty-five (35) miles per hour. Measurement shall be made at a distance of fifty (50) feet from the closest approach of the vehicle in use.
3. 
Stationary Testing.
a. 
Light Motor Vehicles. Motor vehicles of ten thousand (10,000) pounds' gross vehicle weight rating or less shall not exceed ninety-five (95) dB(A) at twenty (20) inches in a stationary run-up test. Such tests shall conform to the Society of Automotive Engineers Recommended Practices SAE J1169, a copy of which is on file in the office of the Health Commissioner.
b. 
Heavy Motor Vehicles. Motor vehicles of more than ten thousand (10,000) pounds' gross vehicle weight rating shall not exceed eighty-eight (88) dB(A) measured at fifty (50) feet in a stationary run-up test. Stationary run-up tests shall conform to the Society of Automotive Engineers SAE Standard J366b, a copy of which is on file in the office of the Health Commissioner.
(j) 
Refuse Collection Vehicles and Compacting Equipment.
1. 
No person shall collect refuse or permit the collection of refuse with a refuse collection truck at night.
2. 
No person shall operate or permit the operation of the compacting equipment mechanism of any motor vehicle which compacts refuse at night.
(k) 
Vibration. No person shall operate or permit the operation of any device or combination of devices that creates vibration which exceeds the amounts listed in the table below, as measured at or across a real property boundary of the premises from which it emanates or from the source if located in a public street, public park, or other public place.
Event Frequency
Lv (VdB)
Frequent (more than 70 events per day)
72
Occasional
75
Infrequent (less than 30 events per day)
80
(9) 
Exemptions. The provisions of this section shall not apply to the following:
(a) 
The emission of sound for the purpose of alerting persons to the existence of an emergency, or the emission of sound in the performance of emergency work, or the emission of sound brought about by emergency conditions where such sound is a byproduct of activities necessary for the preservation of public safety or the protection of the health, safety and welfare of any person or property.
(b) 
Warning devices necessary for the protection of public safety, the emission of any noise necessary for the protection of the health, safety, or welfare of person or property or to any noise which is either necessary or required by law.
(c) 
The operation of authorized emergency vehicles.
(d) 
Public works projects, at or adjacent to the construction site, as authorized by the United States government, the State of Wisconsin, and/or other political subdivisions.
(e) 
Limited Exemptions for Construction Noise. The provisions of this section shall not apply to equipment used in commercial construction activities when such equipment has sound control devices no less effective than those provided in the original equipment, a muffled exhaust, and are in compliance with the pertinent standards of the United States Environmental Protection Agency.
1. 
No person shall operate or permit the operation of any equipment used in construction work at night or on Sunday.
a. 
Emergency Work. The hour limitations in this subsection shall not apply to emergency work.
(f) 
Parades, duly licensed, pursuant to Section 6.031 of this Code.
(g) 
Aircraft operations.
(h) 
Any fireworks display permitted under and operated in compliance with Wis. Stat. Section 167.10.
(i) 
Any bells or chimes of any building clock, public or private school building, church, synagogue, or other place of religious worship.
(j) 
Carnivals, duly licensed, pursuant to Section 9.09 of this Code.
(10) 
Notice of Violation.
(a) 
When the ambient noise or vibration level of a noise producing device equals or exceeds the decibel limits provided in this section, the Health Commissioner or his/her designee shall serve a notice, by first-class mail, on the owner and occupant of the premises that is creating or maintaining the noise. The notice shall be dated, contain a description of the violation, require the person to remove or abate the condition described in the order within the time specified therein, and advise such person of the right to apply for a variance permit and the office or person to whom the variance permit application shall be filed.
(b) 
For violations of Subsection (8)(a) through (g), officers of the West Allis Police Department may issue a citation without prior notice of the violation.
(11) 
Variance.
(a) 
Application for Variance Permit. The owner or occupant of the premises may seek a variance from the noise and/or vibration limitations herein. A new or renewal application for a variance from the noise and/or vibration limitations in a zoning district shall be made to the City Clerk. The proper filing of an application shall toll all penalties provided in this section for any such violation until a final decision has been issued on the merits of such application. Such application shall specify the grounds upon which the variance permit is sought and the date by which the source of any excess noise or vibration for which the variance is sought shall be brought into compliance with this section.
(b) 
Hearing on Variance Permit. Within sixty (60) days of receiving the application for a variance permit, the License and Health Committee shall hold a public hearing. The City Clerk shall serve the appellant with notice of such hearing by mail or personal service at least ten (10) days before such hearing.
(c) 
Procedure at Hearing. If the matter proceeds to hearing before the Committee, the following procedures shall apply:
1. 
The variance applicant shall first present evidence in support of the variance.
2. 
After the variance applicant rests, any person(s) who claims to be adversely affected by allowance of the variance permit may present evidence in opposition to the variance.
3. 
After the variance applicant and any person(s) who claims to be adversely affected by allowance of the variance permit rest, the Health Commissioner may present evidence in regard to the variance application.
4. 
The variance applicant, Health Commissioner, and any person(s) who claims to be adversely affected by allowance of the variance permit may subpoena and present witnesses. All witnesses shall testify under oath or affirmation and shall be subject to cross examination.
5. 
The variance applicant, Health Commissioner, and any person(s) who claims to be adversely affected by allowance of the variance permit shall each be limited to one (1) hour for testimony unless the Chair, subject to approval of the Committee, extends the time to assure a full and fair presentation.
6. 
Questions by Committee members or the advising City Attorney and answers to such questions shall not be counted against the time limitations.
7. 
At the close of testimony, the variance applicant, Health Commissioner, and any person(s) who claim to be adversely affected by allowance of the variance permit shall be given a reasonable time to make arguments upon the evidence produced at hearing.
(d) 
Miscellaneous Procedural Matters.
1. 
At all stages of the proceedings, the variance applicant and any person(s) who claim to be adversely affected by allowance of the variance permit shall be entitled to appear in person or by an attorney of his or her own expense.
2. 
The Health Commissioner may be represented by a City Attorney.
3. 
The Committee shall be, when required, advised by an advisory City Attorney who shall not be the same individual as the City Attorney representing the Health Commissioner.
4. 
The Chair of the License and Health Committee shall be the presiding officer. The Chair shall direct that oaths and affirmations be administered and subpoenas issued upon request of each person. The Chair shall ensure that an orderly hearing is conducted in accordance with the provisions of this section. The Chair shall rule on objections to the admissibility of evidence. Any ruling of the Chair shall be final unless appealed to the Committee and a majority vote of those members present and voting reverses such ruling.
5. 
An audio recording or stenographic record shall be made of all proceedings at the hearing, and the Clerk shall mark and preserve all exhibits and testimony. Any interested party may obtain a copy of the recording or transcript at his or her own expense.
(e) 
Recommendation to the Common Council.
1. 
After the close of the hearing, the Committee shall deliberate and reach a decision. Based on the evidence presented at the hearing, the Committee shall recommend to the Common Council whether a variance permit should be issued and under what conditions the Committee finds necessary to protect the public health, safety and welfare, including a schedule for achieving compliance with noise and vibration limitations. In deciding whether to recommend granting the permit, the Committee shall balance the hardship to the applicant, the community, and other persons; the impact on the health, safety, and welfare of the community; the effect on the property in the area; and any other impact that the granting of the variance may have. The Committee shall prepare findings on factual matters, conclusions of law, and a recommendation on what action, if any, should be taken with regard to the license(s) at issue. The report shall be filed with the City Clerk/Treasurer within twenty (20) days, and the Clerk shall mail a copy of the report to the last-known address of the variance applicant, Health Commissioner, and any person(s) who claim to be adversely affected by the allowance of the variance permit. The findings and recommendations shall be distributed to each member of the Common Council.
2. 
The variance applicant, Health Commissioner, and any person(s) who claim to be adversely affected by the allowance of the variance permit may file a written statement or response to the findings and recommendation, including objections, exceptions, and arguments of fact and law. A written statement must be filed with the City Clerk/Treasurer before the close of business on a day that is at least three working days prior to the date set for determination by the Common Council. Copies of written statements shall be provided to each member of the Common Council at least twenty-four (24) hours before any vote on the matter is scheduled before the Common Council.
(f) 
Common Council Determination.
1. 
Not less than five (5) working days prior to the matter being scheduled before the Common Council, the Clerk/Treasurer shall notify the variance applicant and any person(s) who claim to be adversely affected by the allowance of the variance permit by United States first-class mail, postage prepaid, sent to the last known address, that the Common Council will convene to determine the matter.
2. 
Unless an Alderperson states that he/she has not read the findings and recommendations, and written statements, if any, the matter shall proceed to debate amongst members of the Common Council. Neither the variance applicant nor any person(s) who claim to be adversely affected by the allowance of the variance permit shall be permitted to make oral arguments.
3. 
The Common Council shall determine by a majority vote of those in attendance and voting whether to adopt the recommendation of the Committee or make such modification as is deemed appropriate. Such vote shall be a roll call vote, and such hearing shall constitute the final determination of the matter. The Clerk/Treasurer shall notify the variance applicant and any person(s) who claim to be adversely affected by the allowance of the variance permit by United States first-class mail, postage prepaid, sent to the last known address, of the Common Council's decision.
(g) 
The permit, if granted, shall contain a time limit for such activity. Variances exceeding two (2) years may be granted only in exceptional cases, including those for which, in the opinion of the Committee, control technology is unavailable or available only at a prohibitive cost. Noncompliance with any conditions imposed on the variance shall terminate the variance and subject the person or corporation holding it to those provisions of this section for which the variance permit was granted.
(h) 
Extension and Modification. Application for extension of time limits or modification of other conditions specified in the variance permit shall be treated like applications for an initial variance, except that the Common Council must find that the need for such extension or modification clearly outweighs any adverse impacts of granting the extension or modification.
(i) 
Judicial Review. Any party to a proceeding resulting in a final determination may seek review thereof by certiorari within thirty (30) days of receipt of the final determination.
1. 
If review is sought of a final determination, the record of the proceedings shall be transcribed at the expense of the person seeking review. A transcript shall be supplied to anyone requesting the same at the requester's expense.
(12) 
Penalties. Any person violating any provision of this section shall, upon conviction, be subject to a forfeiture of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for each offense, together with 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. Each day that any violation continues shall be considered a separate offense.
(13) 
Severability. If any provision, clause, sentence, paragraph, or phrase of this section or the application thereof to any person or circumstances is held, for any reason, by a court of competent jurisdiction, to be invalid or unconstitutional, such decision shall not affect the validity of other provisions or applications of the provisions of this section which can be given effect without the invalid provision or application, and to this end, the provisions of this section are declared to be severable.

7.04 Food Establishments.

[Ord. 6433, 5/4/1999; Ord. O-2006-0020, 5/2/2006; Ord. O-2009-0013, 4-7-2009; Ord. O-2013-0056, 12-3-2013]
(1) 
Definitions. The following definitions shall apply in the interpretation and the enforcement of this section:
(a) 
Health Commissioner. The term "Health Commissioner" shall mean the Health Commissioner of the City or designee.
(b) 
Permit. The term "permit" shall mean the document, issued by the West Allis Health Department, that authorizes a person to operate a food establishment. The term "permit" shall be used interchangeably with the term "license."
(c) 
Person. The term "person" shall mean any person, firm, organization, or corporation.
(d) 
State Administrative Fee. The term "state administrative fee" shall mean the amount of money paid annually to the Department of Health Services (hereinafter "DHS"), and/or the Department of Agriculture, Trade and Consumer Protection (hereinafter "ATCP"), of the State of Wisconsin, pursuant to agency contracts between those agencies and the West Allis Health Department.
(2) 
State regulations. Except as otherwise provided herein, the provisions of the Wisconsin Food Code, ATCP Chapters 75 and 88, DHS 196 and its appendices, Wisconsin Statute Section 66.0417, Wisconsin Statute Sections 254.61 through 254.88 as related to food safety and enforcement, and Wisconsin Statute Chapter 97, as they are from time to time amended, are hereby adopted by reference. All food establishments shall comply with all applicable provisions of these regulations.
(3) 
Permit Required. No person shall operate a food establishment in the City without a permit from the Health Commissioner. Only a person who complies with the requirements of this section shall be entitled to receive and retain a permit. Violation of any of the requirements of this section by a holder of a license issued under Section 9.02 of this Code shall be grounds for suspension or revocation of such license, in accordance with Section 9.02(20) of this Code. Permits shall be issued only in the name of the operator of the food establishment and shall not be transferable as to person or premises except as allowed in DHS Chapter 196.
(4) 
Permit Application. A written application for the permit(s) required by this section shall be filed with the Health Commissioner upon forms provided by the Health Commissioner. Initial permit fees shall be paid at the time the application is filed. Renewal permit fees shall be paid prior to the expiration of a permit, and no person shall operate any food establishment until all renewal fees have been paid. Any renewal permit fee paid on July 1 or later shall be subject to a late fee. A permittee or applicant shall notify the Health Commissioner in writing if any information listed in the application form has changed within ten (10) days of such change.
(5) 
Fees for Restaurant Permits.
(a) 
Permit fees shall be as listed in DHS Section 196.05 in addition to the state administrative fee.
(b) 
The fees for preinspection of new or remodeled restaurants and preinspection of existing restaurants following a change of operator shall be as follows:
Permit Type
Annual Fee + SAF
Preinspection New/Remodeled
Preinspection Change of Operator
Late Fee
Prepackaged
$170 + SAF
$300
$200
$100
Simple
$250 + SAF
$350
$250
$100
Moderate
$340 + SAF
$350
$300
$100
Complex
$540 + SAF
$450
$375
$100
(6) 
Fees for Retail Food Establishments.
(a) 
The fee schedule for retail food establishments is as follows:
Retail Food Establishment Permit Fee Schedule
Activity
Annual Fee + SAF
PI N/R
PI Change of Operator
Reinspection Fee
Late Fee
Retail Food R-11
$780 + SAF
$500
$375
$450
$100
Retail Food R-22
$300 + SAF
$350
$300
$190
$100
Retail Food R-33
$225 + SAF
$250
$200
$190
$100
Retail Food R-44
$100 + SAF
$150
$100
$90
$25
Retail Food R-55
$75 + SAF
$150
$100
$90
$25
R-11
Food sales of at least $1,000,000 and processes potentially hazardous food
R-22
Food sales of at least $25,000 but less than $1,000,000 and processes potentially hazardous food
R-33
Food sales of at least $25,000 and is engaged in food processing but does not process potentially hazardous food
R-44
Food sales of less than $25,000 and is engaged in food processing
R-55
No food processing
PI N/R = Preinspection new or remodeled
PI Change of Operator = Preinspection change of operator
SAF = State administrative fee
(7) 
Permit Requirement and Fees for Local Food Permits.
(a) 
Any person that operates a food establishment that does not require a restaurant permit or retail food permit shall obtain a local food permit.
1. 
Exemption. A person who holds a valid farmer's market stall rental agreement, does not operate a food establishment outside the farmer's market premises, and does not require additional licensure shall not be required to obtain a local food permit.
(b) 
The fee schedule for a local food permit is as follows:
Local Food Permit
Preinspection
Permit Fee
Late Fee
Packaged food only (annual)
$50
$50
$25
Farmer's market street vendor (May - Nov)
NA
$200
$25
Temporary food establishment, single event
NA
$75
NA
(8) 
Posting Permit; Fee for Duplicate Permit. Every food establishment shall display its permit at all times in plain view of the public. Duplicate permits shall be issued to replace permits which are misplaced or damaged so as to be illegible. The fee for a duplicate permit shall be ten dollars ($10.).
(9) 
Unwholesome Food and Drink. Samples of food, drink, and other substances may be taken and examined by the Health Commissioner or his/her designee as often as may be necessary for the detection of unwholesomeness or adulteration. The Health Commissioner or his/her designee may condemn and forbid the sale of, or cause to be removed or destroyed, any food or drink that is found to be unwholesome or adulterated.
(10) 
Inspection of Establishments.
(a) 
Frequency of Inspections. The Health Commissioner or his/her designee shall inspect food establishments at least once during the license year. If the Health Commissioner or his/her designee discovers a violation of Centers for Disease Control and Prevention risk factors, priority items, priority foundation items, or any violation that is potentially hazardous to the health and welfare of patrons or employees of the food establishment, s/he may make a reinspection after a lapse of five (5) business days or such time as s/he deems reasonably necessary for the violations to be corrected. Failure to correct a violation within the scheduled time shall result in additional reinspections and may result in further legal action, including the issuance of citations. Any second or subsequent reinspection shall result in the Health Department assessing the reinspection fees listed in DHS Section 196.05 to the restaurant applicant or permittee. Any reinspection for a retail food establishment shall result in the Health Department assessing the reinspection fees listed in the table in Subsection (6)(a) to the retail food applicant or permittee.
(b) 
Inspection Report. One copy of the inspection report shall be given to the person in charge of the establishment, and another copy shall be kept with the records of the Health Department.
(c) 
Access to Establishments and Records Required. The person operating a food establishment shall, upon the request of the Health Commissioner or his/her designee, permit access to all parts of the establishment and shall permit the copying of any records of food purchased, pest control reports, or other records pertinent to conducting a food-borne-illness investigation.
(11) 
Establishments Which May Operate. No food establishment shall operate within the City unless it conforms to the requirements of this section.
(12) 
Summary Suspension and Reinstatement of Permit.
(a) 
Whenever the Health Commissioner or his/her designee finds unsanitary or other conditions in the operation of a food service establishment which in his/her opinion constitutes a substantial hazard to the public health, s/he may without warning, notice, or hearing issue a written notice to the permittee citing the condition, specifying the corrective action to be taken, and specifying the time period within which the action shall be taken; and, if deemed necessary, the order stall state that the permit is immediately suspended and all food service operations are to be immediately discontinued. The Health Commissioner or his/her designee shall promptly notify the City Clerk of any suspension. Any person to whom such an order is issued shall comply immediately therewith but, upon written petition to the City Clerk, shall be afforded a hearing before the License and Health Committee. The procedure for such hearing shall be the applicable provisions of Subsections (16)(c) through (f) of this section. Such hearing shall be scheduled within ten (10) days of the appellant filing the petition with the City Clerk.
(b) 
The permit holder whose permit has been suspended by the Health Commissioner or his/her designee may, at any time, make application for reinstatement of the permit. The Health Commissioner or his/her designee shall make a reinspection and thereafter as many additional reinspections as s/he deems necessary to ensure that the applicant is complying with the requirements, and, in the event the findings indicate compliance, shall reinstate or reissue the permit.
(13) 
Truth of Statements. All matters submitted in writing to the City by any applicant or permittee pertaining to any permit issued under this section shall be true.
(14) 
Conditions of Permit.
(a) 
Every applicant procuring a permit thereby consents to the entry of the Health Department, police, or other duly authorized representatives of the City at all reasonable hours for the purpose of inspection and search, and consents to the removal from said premises of all things and articles there had in violation of City ordinances or state laws.
(b) 
The permittee and/or employees and agents of the permittee shall cooperate with Health Department and police investigations. "Cooperate," as used in this subsection, shall mean calling the police when a disturbance of the peace or other violation occurs on the licensed premises and providing complete and truthful responses to police and Health Department inquiries. A permittee shall also appear before the License and Health Committee when requested to do so and shall otherwise follow the lawful directives of the License and Health Committee.
(c) 
Each permitted premises shall be conducted in an orderly manner, and no disorderly, riotous, or indecent conduct shall be allowed at any time on any permitted premises.
(d) 
The permittee shall comply with all other provisions of this section and all other ordinances of the City of West Allis and the laws of the State of Wisconsin.
(15) 
Outdoor Cooking. An operator of a licensed simple, moderate, or complex restaurant may conduct outdoor food activities as long as the operator complies with the Wisconsin Food Code interpretation titled "Definition of Premise and Outdoor Food Activities," with the effective date of September 17, 2007. A copy of the interpretation shall be kept on file at the Health Department and made available to anyone who requests it.
(16) 
Revocation of Permit.
(a) 
Causes. Any permit issued under this section may be suspended, revoked, or nonrenewed for cause by the Common Council after notice to the permittee and a hearing. Permits may be suspended, revoked, or not renewed for the following causes:
1. 
The making of any material false statement in any application for a permit.
2. 
The violation of any of the applicable provisions of Section 7.04.
3. 
The violation of any of the applicable provisions of the Wisconsin Food Code, ATCP 75, ATCP 88, DHS 196 and its appendices, Wisconsin Statute Section 66.0417, Wisconsin Statute Sections 254.61 through 254.88 as related to food safety and enforcement, and Wisconsin Statute Chapter 97.
4. 
The failure to conduct its permitted business at the authorized location for a period of thirty (30) consecutive days, unless such thirty-day period shall, for good cause shown, be extended by the Common Council.
5. 
The permitted premises is operated in such a manner that it constitutes a public or private nuisance or that conduct on or emanating from the permitted premises, including but not limited to loud and raucous noise, has had a substantial adverse effect upon the health, safety, convenience or prosperity of the immediate neighborhood.
6. 
The failure to pay any tax or forfeiture as provided in Section 1.08(9)(a) and (b).
(b) 
Commencement of Proceedings. Suspension, revocation, or nonrenewal proceedings may be instituted by the License and Health Committee of the Common Council upon its own motion or upon sworn written charges made and filed with the Clerk/Treasurer by the Health Commissioner.
(c) 
Procedure.
1. 
Upon receipt of a sworn complaint, either from the Health Commissioner or upon directive of the Committee, the License and Health Committee shall direct the City Attorney to prepare a summons and have the summons and complaint served upon the permittee pursuant to Section 801.11 of the Wisconsin Statutes.
2. 
The summons and complaint shall contain the date and time for appearance by the permittee; a statement of the Common Council's intention to suspend, revoke, or not renew the permit in the event any of the allegations are found to be true; a statement of the reasons for suspension, revocation, or nonrenewal; notification to the permittee of an opportunity to be heard, respond to and challenge the reasons for suspension, revocation, or nonrenewal and to present and cross examine witnesses under oath; and notification to the permittee of the right to be represented by counsel of the permittee's choice and at the permittee's expense.
3. 
If the permittee fails to appear on the date and time designated in the summons, the License and Health Committee may enter a default judgment and take the allegations of the complaint to be true. The License and Health Committee shall then deliberate on what sanction, if any, to impose.
4. 
If the permittee appears before the License and Health Committee at the date and time designated in the summons and denies the material charges contained in the complaint, an evidentiary hearing shall be scheduled. If the permittee does not appear or appears but does not deny the material charges contained in the complaint, the complaint may be taken as true and the Committee shall hear the arguments of the complainant and, if applicable, the permittee in connection with whether to nonrenew, revoke or suspend the permit and the length of the suspension.
5. 
If the matter proceeds to hearing before the Committee, the following procedures shall apply:
a. 
The complainant shall first present evidence in support of the complaint.
b. 
After the complainant rests, the permittee may present evidence in opposition to the charges.
c. 
The complainant and permittee may subpoena and present witnesses. All witnesses shall testify under oath or affirmation and shall be subject to cross examination.
d. 
The complainant and permittee shall each be limited to one (1) hour for testimony unless the Chair, subject to approval of the Committee, extends the time to assure a full and fair presentation.
e. 
Questions by Committee members or the advising City Attorney, and answers to such questions, shall not be counted against the time limitations.
f. 
At the close of testimony, the complainant and permittee shall be given a reasonable time to make arguments upon the evidence produced at hearing.
(d) 
Miscellaneous Procedural Matters.
1. 
At all stages of the proceedings, the permittee shall be entitled to appear in person or by an attorney at his or her own expense.
2. 
If the complaint is in the name of the Committee or is brought by a City official in his/her official capacity, the complainant shall be represented by a prosecuting City Attorney.
3. 
The Committee shall be, when required, advised by an advisory City Attorney who shall not be the same individual as the prosecuting City Attorney.
4. 
The Chair of the License and Health Committee shall be the presiding officer. The Chair shall direct that oaths and affirmations be administered and subpoenas issued upon request of either side. The Chair shall ensure that an orderly hearing is conducted in accordance with the provisions of this section. The Chair shall rule on objections to the admissibility of evidence. Any ruling of the Chair shall be final unless appealed to the Committee and a majority vote of those members present and voting reverses such ruling.
5. 
An audio recording or stenographic record shall be made of all proceedings at the hearing. Any interested party may obtain a copy of the recording or transcript at his or her own expense.
(e) 
Findings and Recommendations.
1. 
After the close of the hearing, the Committee shall deliberate and reach a decision. The Committee shall prepare findings on factual matters, conclusions of law, and a recommendation on what action, if any, should be taken with regard to the permit(s) at issue. The report shall be filed with the City Clerk/Treasurer, with a copy to the permittee and complainant. The findings and recommendations shall be distributed to each member of the Common Council.
2. 
The permittee and complainant may file a written statement or response to the findings and recommendations, including objections, exceptions, and arguments of fact and law. A written statement must be filed with the City Clerk/Treasurer before the close of business on a day that is at least three (3) working days prior to the date set for determination by the Common Council. Copies of written statements shall be provided to each member of the Common Council at least twenty-four (24) hours before any vote on the matter is scheduled before the Common Council.
(f) 
Common Council Action.
1. 
Not less than five (5) working days prior to the matter being scheduled before the Common Council, the Clerk/Treasurer shall notify the permittee and complainant by United States first-class mail, postage prepaid, sent to the last known address, that the Common Council will convene to determine the matter.
2. 
Unless an alderperson states that he/she has not read the findings and recommendations, and written statements, if any, the matter shall proceed to debate amongst members of the Common Council. Neither the complainant nor the permittee shall be permitted to make oral arguments.
3. 
The Common Council shall determine by a majority vote of those in attendance and voting whether to adopt the recommendation of the Committee or make such modification as is deemed appropriate. Such vote shall be a roll call vote. Upon an affirmative vote suspending, revoking, or not renewing the license(s), the Clerk/Treasurer shall give notice to the person whose license is affected. If the Common Council finds the complaint to be untrue or unsupported by sufficient evidence, the proceedings shall be dismissed without cost to the accused.
(g) 
Surrender of License.
1. 
A permittee may, at any time during the permit year, surrender a permit to the Health Department, along with a statement, in writing, that the permittee no longer wishes to conduct permitted activity at the permitted premises.
2. 
Except as set forth in Subsection (g)3 below, the surrender shall operate to extinguish any right the permittee had to the permit or to conduct permitted activity at the premises listed in the permit.
3. 
If a summons and complaint has been issued against the permittee seeking suspension, revocation, or nonrenewal of the permit, the surrender of the permit shall be deemed a request and the matter shall be referred to the License and Health Committee. The Committee may approve the request or deny the request and proceed to hearing.
4. 
Any request to have a surrendered permit returned shall be treated as a new permit application and the requestor must fill out the required applications and pay the required fees. The request shall thereafter be treated as all other new permit applications.
(h) 
Prohibition on Future Issuance. If a permit is revoked or not renewed due to action by the License and Health Committee, at least two (2) years shall elapse before another permit may be given to the same permittee.
(17) 
Nuisance Enforcement. In addition to the penalties listed within this section, the City Attorney or his/her designee or the Health Commissioner or his/her designee may pursue a nuisance enforcement action against a food establishment under Chapter 18 of this Code.

7.041 Food Peddlers.

[Ord. O-2012-0021, 6/19/2012]
(1) 
Definitions. The following definitions shall apply in the interpretation and enforcement of this section:
(a) 
Charitable Organization. The term "charitable organization" shall mean any patriotic, philanthropic, social service, welfare, benevolent, educational, civic or fraternal, person, partnership, association or corporation that is validly registered under Wis. Stat. § 440.42.
(b) 
Health Commissioner. The term "Health Commissioner" shall mean the Health Commissioner of the City, as set forth in Section 2.24 of the Revised Municipal Code, or his/her designee.
(c) 
Food. The term "food" shall mean all articles used for food, drink or condiment, including ice or water used by humans, whether simple, mixed, or compound and articles used or intended for use as ingredients in the composition or preparation thereof.
(d) 
Food Peddler. The term "food peddler" shall mean any person who sells food in this City from a pushed, pedaled, pulled, motorized, or movable vehicle or cart, or from a carried container.
(2) 
Adoption of State Code. Except as otherwise provided herein, the provisions of Department of Agriculture, Trade, and Consumer Protection Chapter 75 and the Wisconsin Department of Health Services Code Chapter 196 and its appendix, the Wisconsin Food Code, are hereby adopted by reference.
(3) 
Permit Required. No food peddler shall engage in the sale of food without a permit. A person, on behalf of a charitable organization, selling individually wrapped, hermetically sealed, single food servings that are prepared and packaged off-premises by a licensed processor shall not require a permit; however, a person selling such food must comply with all other provisions of this section.
(4) 
Time Restriction. No food peddler shall remain in any location for more than one hour on any one day, except as provided in Subsection (4)(a) of this section.
(a) 
Exceptions to One-Hour Limit.
1. 
A food peddler may sell in one location in excess of the one-hour limit specified in Subsection (4) if:
a. 
The food peddler's vehicle, cart, and/or carried container is located in a nonresidential zoning district; and the food peddler's vehicle is parked in a nonresidential zoning district in compliance with all posted time limits on parking and with all other applicable parking regulations; or
b. 
Whenever any street or portion thereof has been closed to traffic in connection with any civic event, and the food peddler obtains a special event direct seller's permit, under Section 9.18(3m), from the City Clerk/Treasurer to park on or access such closed streets longer than the one-hour limit.
(5) 
Exemption. The provisions of Section 7.10(3) of the Revised Municipal Code relating to merchandise display on sidewalks and zoning provisions of Chapter 12 of the Revised Municipal Code relating to outdoor merchandise sales are inapplicable to persons who possess a valid food peddler license engaging in food peddling. A person who obtains a permit under this section, except as set forth herein, shall be deemed to have a direct seller's permit under Section 9.18 of the Revised Municipal Code.
(6) 
Permit Fees. A food peddler shall pay a fee of one hundred dollars ($100.) for a permit. Such fee shall be paid at the time the permit application is filed with the City Clerk/Treasurer.
(7) 
Application. Each person requiring a permit shall make a sworn application in writing on a form provided by the City Clerk/Treasurer which shall give the following information:
(a) 
Name, address and telephone number of the applicant.
(b) 
Name, address and telephone number of the person, firm, association, or corporation that the food peddler represents or is employed by, or whose food is being sold.
(c) 
A description of the food offered, including a copy of the menu.
(d) 
The location from which the business will be conducted, including a proposed route, and the proposed dates and times.
(e) 
Make, model and license number of any vehicle to be used by the applicant in the conduct of the business.
(f) 
Last municipalities, not to exceed three (3), where the applicant conducted similar business.
(g) 
Statement as to whether the applicant has been arrested or convicted of any crime or ordinance violation, together with the nature of the offense and the place of conviction.
(h) 
Proof of a state certificate of examination and approval from the Sealer of Weights and Measures where the applicant's business requires use of weighing devices approved by state authorities.
(i) 
Proof of a food-related permit issued by the West Allis Health Department.
(8) 
Investigation.
(a) 
Upon receipt of an application and fee, the City Clerk/Treasurer may refer the application to the Chief of Police or his/her designee. The Chief of Police or his/her designee may make an investigation of the accuracy of the statements made in the application and determine whether the applicant has been convicted of a felony, misdemeanor, statutory violation punishable by forfeiture, or county or municipal ordinance violation in which the circumstances of the felony, misdemeanor, or other offense substantially relate to the circumstances of the permitted activity and, if so, the nature and date of the offense and the penalty assessed.
(b) 
If, as a result of such investigation, the Chief of Police or his/her designee discovers that any representation on the application contains a material omission or inaccuracy, or the Chief of Police or his/her designee is of the opinion that the applicant is not a fit person to conduct such sales, the Chief of Police or his/her designee shall disapprove the application and return it to the City Clerk/Treasurer along with the reason(s) for disapproval. Upon return of the disapproved application, the City Clerk/Treasurer shall notify the applicant that the permit has been denied, along with the reasons therefor.
(c) 
Issuance. If the City Clerk/Treasurer does not send the application to the Chief of Police or his/her designee, or if the Chief of Police or his/her designee returns an application without disapproval, the City Clerk/Treasurer shall then issue a permit to the applicant. The permit shall be carried by the food peddler at all times s/he is engaged in food peddling and shall contain the name of the permittee, the date of issuance, the date of expiration, and the permit number.
(9) 
Transfer Prohibited. No permit issued under this subsection may be transferred.
(10) 
Licensing Year. The licensing year for the food peddler's permit shall be from July 1 to June 30.
(11) 
Posting of Permit and Company Name.
(a) 
Every food peddler shall display his/her permit at all times in plain view to the public on the food peddler's vehicle, cart, container, or person.
(b) 
Every food peddler shall display on his/her vehicle, cart, or carrier, the name of the person to whom the permit is issued and the permittee's telephone number. Such lettering shall be not less than four (4) inches high.
(12) 
Permit Revocation.
(a) 
The Common Council may, upon sufficient cause, suspend, revoke, or not renew a permit issued under this section. Cause for suspending, revoking, or not renewing a permit shall include, but not be limited to, the following: violations of this section; violations of the City or state's food regulations; violations of West Allis Revised Municipal Ordinance 7.05; violations of the City or state's health regulations; any fraud, misrepresentation, or false statement contained in the license application; failure to comply with the directives of the Common Council, License and Health Committee, or West Allis Health Department; disorderly conduct; or theft.
(b) 
Whenever the Health Commissioner or his/her designee has reasonable cause to believe that any food, sanitary condition, equipment, premises or method of operation creates a danger to public health, the Health Commissioner may issue an order as set forth in sec. 66.0417(2), Wis. Stats. The License and Health Committee of the West Allis Common Council shall conduct the hearing required by sec. 66.0417(3), Wis. Stats. The decision of the License and Health Committee shall be final subject to appeal rights as provided by law.
(13) 
Prohibited and Required Acts.
(a) 
A food peddler shall not:
1. 
Sell food between the hours of 9:00 p.m. and 6:00 a.m.
2. 
Block or restrict an individual's access to a business or residential property.
3. 
Occupy any sidewalk so as not to permit any pedestrian at any time to have a minimum five-foot clearance.
4. 
Sell or offer for sale any food while the person is on a roadway median or safety island, unless the roadway has been closed to traffic under Subsection (3)(b) and the food peddler is otherwise in compliance with this section.
5. 
Sell or offer to sell any food while located within 10 feet of a crosswalk, bus stop, or fire hydrant.
6. 
Make any comment, request, suggestion or proposal that is obscene, lewd, lascivious, profane, or indecent.
7. 
Sell food on private property or City-owned property that is not a public right-of-way without written permission of the owner.
8. 
Sell food within 300 feet of school grounds.
9. 
Sell food within 100 feet of a licensed restaurant, unless such restaurant is owned by the food peddler or the food peddler has written permission from the restaurant license's owner or agent.
10. 
Sell food within 300 feet of the West Allis Farmer's Market during the hours that the market is open for business, unless the food peddler holds a valid street vendor's contract for the Market with the West Allis Health Department.
11. 
Sell food that is unwholesome, tainted, unclean, or that has been handled in an unclean manner, or has been exposed to unclean, contaminating things or conditions, or contrary to any rules or regulations adopted by the Health Commissioner.
12. 
Allow any person who does not possess a valid food peddler's permit to sell or assist in selling food from the food peddler permittee's vehicle, cart, or container.
(b) 
A food peddler shall:
1. 
Possess and maintain all required food-related permits issued by the West Allis Health Department.
2. 
Direct vending equipment and displays, including signage, away from the street.
3. 
Display food and signage in a manner in which attention to it is not focused from the street and which does not require or encourage prospective buyers to enter or walk upon the street to examine it.
4. 
Notify the City Clerk/Treasurer within 10 days of the event whenever anything occurs to change any fact set out in the application or information of any permit.
5. 
Comply with all inspection requests and orders from the City, including but not limited to inspections and orders from the Health Department, Building Inspection and Zoning Department, and Fire Department.
6. 
Comply with all lawful orders or requests from an officer of the West Allis Police Department or other police agency.
7. 
Comply with all local, state, and federal laws and regulations.
(14) 
Penalties.
(a) 
Any person violating this section shall, upon conviction for a first offense, forfeit not less than fifty dollars ($50.) nor more than five hundred dollars ($500.), together with the costs of prosecution and, in default of payment, shall be imprisoned in the House of Correction until such forfeiture and costs are paid, but not more than the number of days set forth in § 800.095(4), Wis. Stat. Each and every day during which any such violation continues shall constitute a separate violation.
(b) 
Any person violating this section shall, upon conviction for the second or subsequent offenses, forfeit not less than three hundred dollars ($300.), nor more than two thousand dollars ($2,000.), together with the costs of prosecution and, in default of payment, shall be imprisoned in the House of Correction until such forfeiture and costs are paid, but not more than the number of days set forth in § 800.095(4), Wis. Stats. Each and every day during which any such violation continues shall constitute a separate violation.
(15) 
Severability. If any provision or portion of this section is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the section shall not be affected thereby.
(16) 
Distance Measurements. For purposes of this section, distances are to be measured in a straight line, without regard to intervening structures or objects, from the edge of the property line when measuring from real estate or the nearest edge of an object or line when measuring from a crosswalk, bus stop, or fire hydrant, or similar object, to the nearest edge of a food peddler's cart, vehicle, or container.

7.05 Refuse Collection.

[Ord. 6129 (repeal and recreate), 10/18/1994; Ord. 6166, 6/20/1995; Ord. 6533 (repeal and recreate), 10/3/2000]
(1) 
Definitions. As used in this Section.
(a) 
"Bulk refuse" means solid waste, exclusive of construction waste, which cannot be readily stored in approved containers. It includes, but is not limited to, furniture.
(b) 
"Commercial" means a business enterprise, except manufacturing, and the activities associated therewith. It includes, for the purpose of this Section, all mixed units (buildings, housing, business and residential), churches, public and parochial education institutions and charitable organizations.
(c) 
"Commercial container" means a receptacle for the storage of refuse on a multi-family or commercial premises, which is constructed, maintained and located as provided in Subsection (4)(b) below.
(d) 
"Composting" means a controlled biological reduction of organic yard waste to humus.
(e) 
"Condominium" means a premises subject to a condominium declaration under Chapter 703 of the Wisconsin Statutes, including household activities associated therewith.
(f) 
"Construction waste" means solid waste resulting from building construction, alteration or repair.
(g) 
"Department" means the Public Works Department of the City.
(h) 
"Director" means the Director of the Public Works Department and his duly authorized deputies and agents.
[Ord. O-2004-0012, 4/5/2004]
(i) 
"Garbage" means discarded materials resulting from the handling, processing, storage and consumption of food.
(j) 
"Hazardous substance" means the meaning given in Wis. Stats. § 292.01(5).
(k) 
"Hazardous waste" has the meaning given in Wis. Stats. § 291.01(7).
(l) 
"Infectious waste" means solid waste which contains pathogens with sufficient virulence and quantity so that exposure to the waste by a susceptible host could result in an infectious disease. It includes isolation wastes, cultures and stocks of infectious agents and associated biologicals, human blood and blood products, pathological waste, contaminated sharps, contaminated animal carcasses, body parts and bedding.
(m) 
"Inorganic waste" means concrete, asphalt, brick, block, stone, ground and, for purposes of this subsection, sod.
(n) 
"Manufacturing has the meaning given in Wis. Stats. § 70.995(a).
(o) 
"Multi-family" means a premises improved with a building containing four (4) or more dwelling units, including household activities associated therewith.
(p) 
"Person" means any person, firm, partnership, association, corporation, company or organization, which is acting as a group or unit.
(q) 
"Premises" means a designated parcel or tract of land and any buildings and structures thereon, established by plat, subdivision or otherwise as permitted by law, which is used or developed as a unit.
(r) 
"Refuse" means all components of the solid waste stream including, but not limited to, garbage, rubbish, trash and ashes.
(s) 
"Residential" means a premises improved with a condominium unit or a building containing three (3) or fewer dwelling units, including the household activities associated therewith.
(t) 
"Residential container" means a receptacle for the storage of residential refuse which is constructed, maintained and located, as provided in Subsection (4)(a) below.
(u) 
"Rubbish" means solid waste, excluding ashes and garbage., consisting of both combustible and noncombustible solid waste materials. It is specifically limited to small hand-carried objects which can be readily stored in approved refuse containers.
(v) 
"Semi-automated mechanically loaded container" means a receptacle for the storage of refuse which is used as specified under Subsection (4) below.
(w) 
"Solid Waste" means garbage, rubbish, ash, bulk refuse, yard and construction wastes and all other unwanted or discarded substances and material resulting from community activities.
(x) 
"Yard waste" means leaves, grass clippings, yard and garden debris and brush, including clean woody vegetative material no greater than six (6) inches in diameter; however, it does not include stumps, roots or shrubs with intact root balls.
(2) 
Collection. The Department will collect refuse from residential premises or a detached single-family residential unit on a commercial premises only; provided, however, that all such refuse is prepared and stored as provided in Subsection (3) below. The Department will not collect refuse from multi-family, commercial or manufacturing premises.
[Ord. 6650, 1/7/2003]
(3) 
Preparation, Storage and Disposal.
(a) 
Residential. Except as provided in Paragraph (b) below, residential wastes shall be prepared and stored as follows:
1. 
Garbage. Garbage shall be drained of all free liquid and packaged by securely wrapping in several thicknesses of paper, placed in plastic bags or other similar means and stored in residential containers.
2. 
Rubbish. Rubbish shall be stored in residential containers. Rubbish which may become airborne shall be securely wrapped and/or placed in plastic bags prior to being stored in a residential container.
3. 
Bulk Refuse. Small amounts of bulk refuse will be removed as ordinary refuse. Furniture and other bulk refuse not conforming to size and weight requirements may be collected, in accordance with Subsection (5) below.
4. 
Construction Wastes. Small quantities of construction wastes resulting from the direct activity of the owner or occupant of the building shall be collected by the Department if securely tied in compact bundles, where applicable, not exceeding four (4) feet in length and seventy-five (75) pounds in weight. Lumber with protruding nails will not be collected. Construction wastes resulting from the activities of a contractor or other non-occupant of the premises will not be collected by the Department.
5. 
Inorganic Waste. Small quantities of inorganic wastes resulting from the direct activity of the owner or occupant of the property may be collected as part of the normal refuse collection, except as provided for under Subsection (5) below.
6. 
Yard Waste. Yard waste shall not be collected by the Department. Residents wishing to dispose of certain types of yard waste generated on their properties may do so at a site(s) approved by the Director.
7. 
Ashes. Ashes and similar material shall be dampened and placed in a secure, disposable container and stored with residential refuse.
8. 
Animals. Small dead animals shall be enclosed in a plastic bag and placed in a secure cardboard box or other secure, disposable container.
9. 
Manure and Other Noxious Wastes. Animal and fowl manure and/or other noxious wastes from residential properties shall be prepared and stored as residential refuse. Excessive quantities will not be collected from residential properties.
10. 
Deleterious Substances. Any substance whose collection, destruction or disposal would be harmful or dangerous to personnel or equipment shall not be included with refuse for collection. The term "deleterious substances" includes, but is not limited to, acids, blasting material, ammunition, paints, lacquers and varnishes, liquid fossil fuels or their containers, and combustible alloys or chemicals. Such deleterious substances shall be disposed of in accordance with rules promulgated by the Director.
11. 
Infectious Wastes. Infectious wastes from residential properties shall not be included with refuse for collection and shall not be collected by the Department. Such wastes shall be prepared and disposed of in accordance with federal and state laws and rules promulgated by the Director.
(b) 
Multi-family, Commercial and Manufacturing. Garbage and refuse shall be stored in commercial containers. All other solid wastes shall be stored in accordance with laws, statutes, ordinances and regulations as applicable.
(4) 
Containers.
(a) 
Residential containers shall be constructed, maintained and located as follows:
1. 
Construction. Containers shall be of substantial metal construction, tapered and provided with at least two (2) handles and a waterproof, tight fitting cover. Loose bricks, rocks or other weighted objects which are not integral to the container shall not be used to secure the cover to the container. Containers shall have a capacity of not less than twenty (20) gallons, nor more than thirty-two (32) gallons, and shall weigh not more than seventy-five (75) pounds when filled. Exceptions may be made for containers designed for mechanical collection which are approved by the Director.
2. 
Location. Containers shall be stored on the residential premises where the refuse is generated in accordance with Chapter 12 of this Code and not upon any other private property, or any street, alley or other public ground; except as provided herein for refuse collection from the premises. Containers shall not be stored on the front side of any home or in any required yard under Chapter 12 of this Code. All containers shall be placed in one area for collection. If a premise abuts an alley, containers shall be placed at the alley edge for collection. Properties not serviced by an alley collection shall locate refuse containers at the curb/street edge of the property on the scheduled day of collection. Containers shall be readily accessible to collectors without interference due to vehicles, snow or other obstructions. Containers shall not be stored in any location which creates or may create a public health hazard. Containers shall not be placed at the curb for collection before 6:00 p.m. on the day prior to the scheduled day of refuse collection and must be removed by 8:00 p.m. on the scheduled day of refuse collection.
[Ord. O-2004-0012, 4/5/2004]
3. 
Capacity Required. The owner, lessee or managing agent of each residential premises shall provide sufficient containers to ensure adequate storage capacity for twice the normal collection period.
[Ord. O-2004-0012, 4/5/2004]
(b) 
Multi-family, commercial and manufacturing containers shall be constructed, maintained and located as follows:
1. 
Construction. Containers shall be of substantial metal or plastic construction with covers which render the container waterproof.
2. 
Location. Containers shall be located on the premises where the waste is generated or other private property in accordance with Chapter 12 of this Code; provided; however, the Board of Public Works pursuant to Section 11.165 of this Code may permit containers to be located on public property if a premises does not contain a suitable location for collection as determined by the Board. Containers shall not be located within any building on the premise, unless specific written approval is obtained from the Director.
3. 
Capacity Required. The owner, occupant or managing agent of each premises shall provide sufficient containers to ensure adequate storage capacity for twice the normal collection period.
4. 
Multiple use. Where multiple businesses located upon a single premises utilize a designated refuse storage container and such properties have more than one refuse container, the names and/or addresses of the businesses must be visibly located on the container assigned for their use.
(5) 
Other Collection. Excessive quantities of refuse or refuse not prepared and stored for collection, as provided in Subsection (2) above, shall not be collected by the Department as part of its regular collection services. The owner or occupant of a premises where any such refuse is stored shall be responsible for its disposal. Such owner or occupant may apply to the Department for special collection of any such refuse, including delivery of such refuse to City collection sites. The Director shall promulgate rules governing special collection services and establish fees based upon actual costs for such services.
(6) 
Composting. Yard waste, as herein defined, may be composted on any residential premises for use on the premises. Compost piles or bins shall be well-maintained so as not to pose an attraction or harborage for rodents or otherwise present a health nuisance. Compost piles or bins for composting shall not be located in front of any building or in any required yard under Chapter 12 and one (1) must be at least twenty-five (25) feet from any dwelling unit on the premises or any adjoining premises and at least three (3) feet from any property line. Each pile or bin may occupy a surface area no greater than twenty-five (25) square feet and may not exceed four (4) feet in height. No more than three (3) such piles and/or bins shall be permitted on any premises. Composted material shall be well-aerated so as to be free of offensive or noxious odors. No food waste or other such putrescibles shall be composted.
(7) 
Public Nuisance. Refuse which is prepared or stored on any premises in a manner which creates or may create a public health hazard, safety hazard or blighting condition is hereby declared to be a public nuisance. The Director or Health Commissioner shall order, in writing, the immediate abatement or removal of any such nuisance. If the owner or occupant of the premises fails to comply with such order within the time prescribed, they shall be in violation hereof and the Director or Health Commissioner may cause the immediate abatement or removal of the nuisance. The cost of such abatement or removal by the Director or Health Commissioner may be collected from the owner or occupant of the premises or upon certification by the Director or Health Commissioner, assessed for real estate as other special taxes. Such costs shall be in addition to any forfeiture imposed for violation hereof.
[Ord. O-2004-0012, 4/5/2004]
(a) 
City-issued containers. After one written warning, notice, or order per year alleging violations of Section 7.05(3)(a) 1 and 2, 7.05(4)(a)1, 3, or 7.05(7) are issued to a residential property owner, an order shall be directed to the property owner to purchase a City-issued garbage container(s) within thirty (30) days of service. The order shall state the size of container and number of containers to be purchased, where and when to purchase the container(s), the cost of the container(s), and notice of appeal procedure. Service of the order shall be achieved by mailing it, via first-class mail, to the property owner or by personal service. Where the property owner fails to purchase the required City-issued container(s) within thirty (30) days, the City shall furnish the required containers and assess the cost thereof as a special charge upon the real estate, pursuant to Wis. Stat. § 66.0627(2). Failure to use the City-issued containers in compliance with Section 7.05 may cause the Department to cease refuse collection at said property.
[Ord. O-2013-0024, 5/21/2013]
(8) 
General Regulations.
(a) 
It shall be unlawful for a person to place, throw or leave any solid, infectious or hazardous waste, slop, dirty water or other liquid of offensive odor, or a liquid of a hazardous, flammable or deleterious nature, or other hazardous, nauseous or unwholesome substances, or any dead carcass, animal, fowl, carrion, meat, fish, entrails, manure, offal, refuse matter, rubbish, recyclables, yard waste, tires, ashes, earth, sand or other substances or material of any kind or nature in or upon any sewer, stream, ditch or other watercourse, sidewalk, gutter, street, alley or upon any private premises or public place, park or grounds in the City of West Allis.
(b) 
It shall be unlawful for a person to allow grass clippings to be discharged or placed in or upon any sewer, stream, ditch or other watercourse, sidewalk, gutter, street, alley or upon any public place, park or grounds in the City of West Allis, or to store grass clippings on private property in such a manner that the grass clippings yield an offensive or nauseous odor.
(c) 
It shall be unlawful for a person to allow any slop, dirty water, or hazardous, flammable or deleterious liquid or any liquid of offensive odor or of otherwise nauseous or unwholesome character, to flow from any premises into or upon any street, gutter, sidewalk, alley, road or other public ground, or upon any vacant land in the City of West Allis.
(d) 
It shall be unlawful for a person to allow fruit from a tree or a shrub located on such person's premises to drop onto and remain upon any street, gutter, sidewalk, alley, road or other public ground.
(e) 
It shall be unlawful for a person to pick through, sort, scavenge or remove refuse from any premises in the City of West Allis when such refuse is stored in approved containers or otherwise stored for collection in accordance with this ordinance and any applicable Department rules, unless permission has been first obtained from the owner of the premises This prohibition does not apply to city employees engaged in the collection process or enforcement of the provisions of this section.
(9) 
Penalties. Any person violating the provision of this section shall be subject to the penalties provided in Section 7.16 of this chapter.
(10) 
Director to Establish Rules. The Department is hereby designated as the agency to administer the provisions of this section, and the Director shall prepare, promulgate and enforce such additional rules, regulations and conditions required by this section or deemed necessary for its implementation. Such rules, regulations and conditions shall be subject to approval by the Board of Public Works and shall be filed with the City Clerk/Treasurer.

7.051 Recycling.

[Ord. 6114, 8/2/1994]
(1) 
Purpose. The purpose of this section is to promote recycling and resource recovery through the administration of an effective recycling program, as provided in § 287.11 of the Wisconsin Statutes, and Chapter NR 544, Wis. Administrative Code.
[Ord. 6534, 10/3/2000]
(2) 
Statutory Authority. This section is adopted as authorized under § 287.09(3)(b) of the Wisconsin Statutes.
[Ord. 6534, 10/3/2000]
(3) 
Abrogation and Greater Restrictions. It is not intended by this section to repeal, abrogate, annul, impair or interfere with any existing rules, regulations, ordinances or permits previously adopted or issued pursuant to law. However, whenever this section imposes greater restrictions, the provisions of this section shall apply.
(4) 
Interpretation. In their interpretation and application, the provisions of this section shall be held to be the minimum requirements and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes. Where any terms or requirements of this section may be inconsistent or conflicting, the more restrictive requirements or interpretation shall apply. Where a provision of this section is required by Wisconsin Statutes, or by a standard in Chapter NR 544, Wis. Administrative Code, and where the section provision is unclear, the provision shall be interpreted in light of the Wisconsin Statutes and the Chapter NR 544 standards in effect on the date of the adoption of this section, or in effect on the date of the most recent text amendment to this section.
(5) 
Applicability. The requirements of this section apply to all persons within the City of West Allis.
(6) 
Administration. The Director of Public Works shall administer the provisions of this section.
(7) 
Rules. The Director is hereby authorized to prepare, promulgate and enforce such rules and regulations as may be required or deemed necessary for the administration and enforcement of this section. Such rules and regulations shall be subject to the approval of the Board of Public Works and shall be kept on file in the office of the City Clerk/Treasurer.
[Ord. 6534, 10/3/2000]
(8) 
Definitions. As used in this Section:
(a) 
"Bi-metal container" means a container for carbonated or malt beverages that is made primarily of a combination of steel and aluminum.
(b) 
"Container board" means corrugated paperboard used in the manufacture of shipping containers and related products.
(c) 
"Department" means the Public Works Department.
(d) 
"Director" means the Director of Public Works or his agents.
(e) 
"Foam polystyrene packaging" means packaging made primarily from foam polystyrene that satisfies one of the following criteria:
1. 
Is designed for serving food or beverages.
2. 
Consists of loose particles intended to fill space and cushion the packaged article in a shipping container.
3. 
Consists of rigid materials shaped to hold and cushion the packaged article in a shipping container.
(f) 
"HDPE" means high-density polyethylene, labeled by the SPI code #2.
(g) 
"LDPE" means low-density polyethylene, labeled by the SPI code #4.
(h) 
"Magazines" means magazines and other materials printed on similar paper.
(i) 
"Major appliance" means a residential or commercial air conditioner, furnace, clothes dryer, clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator, stove, water heater, boiler or dehumidifier.
(j) 
"Multiple-family dwelling" means a property containing five (5) or more residential units, including those which are occupied seasonally.
(k) 
"Newspaper" means a newspaper and other materials printed on newsprint.
(l) 
"Non-residential facilities and properties" means commercial, retail, industrial, institutional and governmental facilities and properties, churches, public and parochial education institutions, charitable organizations and, for purposes of this section, includes all mixed-used facilities (properties or buildings housing business and residential units). This term does not include multiple-family dwellings.
(m) 
"Office paper" means high-grade printing and writing papers from offices in nonresidential facilities and properties. Printed white ledger and computer printout are examples of office paper generally accepted as high-grade. This term does not include industrial process waste.
(n) 
"Other resins or multiple resins" means plastic resins labeled by the SPI code #7.
(o) 
"Person" means any person, firm, partnership, association, corporation, company or organization acting as a group or unit, as well as an individual.
(p) 
"PETE" means polyethylene terephthalate, labeled by the SPI code #1.
(q) 
"Plastic container" means an individual, separate, rigid plastic bottle, can, jar or carton, except for a blister pack, that is originally used to contain a product that is the subject of a retail sale.
(r) 
"Post-consumer waste" means solid waste other than solid waste generated in the production of goods, hazardous waste, as defined in § 291.01(7) of the Wisconsin Statutes, waste from construction and demolition of structures, scrap automobiles or high-volume industrial waste, as defined in § 289.01(17) of the Wisconsin Statutes.
[Ord. 6534, 10/3/2000]
(s) 
"PP" means polypropylene, labeled by the SPI code #5.
(t) 
"PS" means polystyrene, labeled by the SPI code #6.
(u) 
"PVC" means polyvinyl chloride, labeled by the SPI code #3.
(v) 
"Recyclable materials" includes lead-acid batteries; major appliances; waste oil; yard waste; aluminum containers; corrugated paper or other container board; foam polystyrene packaging; glass containers; magazines; newspaper; office paper; rigid plastic containers, including those made of PETE, HDPE, PVC, LDPE, PP, PS, and other resins or multiple resins; steel containers, waste tires; and, bi-metal containers.
(w) 
"Residential properties" means any property containing four (4) or fewer dwelling units and the household activities associated therewith. It also includes properties developed as condominiums.
(x) 
"Solid waste" has the meaning specified in § 289.01(33) of the Wisconsin Statutes.
[Ord. 6543, 10/3/2000]
(y) 
"Solid waste facility" has the meaning specified in § 289.01(35) of the Wisconsin Statutes.
[Ord. 6543, 10/3/2000]
(z) 
"Solid waste treatment" means any method, technique or process which is designed to change the physical, chemical or biological character or composition of solid waste. "Treatment" includes incineration.
(aa) 
"SPI" means Society of the Plastic Industry.
(bb) 
"Waste tire" means a tire that is no longer suitable for its original purpose because of wear, damage or defect.
(cc) 
"Yard waste" means leaves, grass clippings, yard and garden debris and brush, including clean woody vegetative material no greater than six (6) inches in diameter; however, it does not include stumps, roots or shrubs with intact root balls.
(9) 
Separation of Recyclable Materials. Occupants of residential properties, multiple-family dwellings and nonresidential facilities and properties shall separate the following materials from post-consumer waste:
[Ord. 6543, 10/3/2000]
(a) 
Lead acid batteries.
(b) 
Major appliances.
(c) 
Waste oil.
(d) 
Yard waste.
(e) 
Aluminum containers.
(f) 
Bi-metal containers.
(g) 
Corrugated paper or other container board.
(h) 
Glass containers.
(i) 
Magazines.
(j) 
Newspaper.
(k) 
Rigid plastic containers made of PETE (#1) and HDPE (#2).
(l) 
Steel containers.
(m) 
Waste tires.
In addition to the separation of the above listed recyclables, nonresidential properties shall also separate office paper from the waste stream.
(10) 
Preparation, Storage, and Collection of Recyclable Materials. Once separated in accordance with Paragraph (9) above, recyclable materials, to the greatest extent possible, shall be clean and kept free of contaminants such as food, oil or grease and other nonrecyclable wastes. The Department shall collect recyclable materials from residential properties which are prepared and stored as provided in this subsection. Recyclables which are prepared for collection, as described herein, should be screened from public view. Recyclables placed at the curb or alley edge for collection may not be set out before 6:00 p.m. on the day prior to the scheduled day of recyclable collection.
[Ord. 6151 (repeal & recreate), 2/21/1995; Ord. 6534, 10/3/2000; Ord. O-2009-0014, 4/21/2009]
(a) 
Aluminum containers, bi-metal containers, glass containers, rigid plastic containers (SPI code #1-2) and steel containers shall be prepared and stored in a container as approved by the Director and placed at the curb or alley edge on the day of collection.
(b) 
Corrugated paper or other container board shall be flattened, reduced to a size no greater than two feet by two feet (2' x 2'), securely bundled and placed at the curb or alley edge on the day of collection.
(c) 
Magazines and newspaper shall be securely bundled or contained in a typical Kraft (grocery) paper bag and placed at the curb or alley edge on the day of collection.
(d) 
Lead acid batteries will not be removed by the Department. Persons shall dispose of such batteries by returning them to a retail distributor or recycling facility.
(e) 
Major appliances will not be removed by the Department. Persons shall contact a private hauler appropriately licensed by the state for the transfer and disposal of said appliances.
(f) 
Waste oil must be disposed of at an approved waste oil recovery site.
(g) 
Yard waste shall be managed in accordance with the provisions of Section 7.05 of this Chapter.
(h) 
Antifreeze shall be disposed of at a drop-off site designed by the Director.
(i) 
Waste tires may be returned to the retailer or at a drop-off site designated by the Director.
(j) 
The Director shall promulgate rules governing special collection and/or drop-off services and establish fees based upon the actual costs providing such services.
(11) 
Responsibilities of Owners or Designated Agents of Multiple-Family Dwellings. Owners or designated agents of multiple-family dwellings shall do all of the following to recycle materials specified in Paragraphs (9)(e) through (l):
(a) 
Provide adequate, separate containers for the recyclable materials.
(b) 
Notify tenants in writing at the time of renting or leasing the dwelling and at least semi-annually thereafter about the established recycling program.
(c) 
Provide for the collection of the materials separated from the solid waste by the tenants and the delivery of the materials to a recycling facility.
(d) 
Notify tenants of reasons to reduce and recycle solid waste, which materials are collected, how to prepare the materials in order to meet the processing requirements, collection methods or sites, locations and hours of operation, and a contact person or company, including a name, address and telephone number.
(12) 
Responsibilities of Owners or Designated Agents of Nonresidential Facilities and Properties. Owners or designated agents of nonresidential facilities and properties shall do all of the following to recycle the materials specified in Paragraphs (9)(e) through (m), including office paper.
(a) 
Provide adequate, separate containers for the recyclable materials.
(b) 
Notify tenants in writing at the time of renting or leasing the dwelling and at least semi-annually thereafter about the established recycling program.
(c) 
Provide for the collection of the materials separated from the solid waste by the tenants and the delivery of the materials to a recycling facility.
(d) 
Notify tenants of reasons to reduce and recycle solid waste, which materials are collected, how to prepare the materials in order to meet the processing requirements, collection methods or sites, locations and hours of operation, and a contact person or company, including a name, address and telephone number.
(13) 
Prohibitions on disposal of recyclable material separated for recycling.
[Ord. 6143, 12/6/1994]
(a) 
No person may dispose of, in a solid waste disposal facility or burn in a solid waste treatment facility, any of the material specified in Paragraphs (9)(e) through (m), which have been separated for recycling, except waste tires may be burned with energy recovery in a solid waste treatment facility.
(b) 
This prohibition may be waived by the Director for specific recyclables, if the Wisconsin Department of Natural Resources has granted a variance in accordance with § 287.11(2m) of the Wisconsin Statutes, or NR 544.14, Wisconsin Administrative Code.
[Ord. 6543, 10/3/2000]
(14) 
Scavenging.
[Ord. 6143, 12/6/1994]
(a) 
It shall be unlawful for any person, other than authorized employees of the Department, to pick through, sort, scavenge or remove recyclable materials from a private residential property, when such recyclables are sorted and stored for collection as prescribed in this section.
(b) 
It shall be unlawful for any person other than those approved by the owner or manager to pick through, sort, scavenge or remove recyclable materials from multiple-family dwellings and/or private nonresidential facilities or properties.
(15) 
Enforcement.
[Ord. 6143 (repeal, recreate & renumber), 12/6/1994]
(a) 
For the purpose of ascertaining compliance with the provisions of this section, any authorized officer, employee or representative of the Department may inspect recyclable materials separated for recycling, post-consumer waste intended for disposal, recycling collection sites and facilities, collection vehicles, collection areas of multiple-family dwellings and nonresidential facilities and properties and any records relating to recycling activities, which shall be kept confidential, when necessary, to protect proprietary information. No person any refuse access to any authorized officer, employee or authorized representative of the Department, who requests access for purposes of inspection and who presents appropriate credentials. No person may obstruct, hamper or interfere with such an inspection.
(b) 
Any person who violates any provision of this section is subject to a forfeiture, as set forth in Subsection (c). The issuance of a citation or summons and complaint shall not preclude proceeding under any other ordinance or law relating to the same or any other matter. Proceeding under any other ordinance or law relating to the same or any other matter shall not preclude the issuance of a citation or summons and complaint under this section.
(c) 
Penalties for violation of this ordinance may be assessed as follows:
1. 
Any person who violates paragraph (13) shall be subject to a forfeiture of fifty dollars ($50) for the first violation, two hundred dollars ($200) for a second violation, and not more than two thousand dollars ($2,000) for a third or subsequent violation.
2. 
Any person who violates a provision of this section, except paragraph (13), shall be subject to a forfeiture of not less than ten dollars ($10) nor more than one thousand dollars ($1,000) for each violation.
3. 
Each and every day that a violation continues constitutes a separate offense.
4. 
In addition to the forfeiture, the costs of prosecution shall be imposed; and, in default of payment of said forfeiture and costs, punishment shall be suspension of the defendant's operating privilege, pursuant to secs. 343.30 and 345.47 of the Wisconsin Statutes, or by imprisonment in the Milwaukee County House of Correction or Milwaukee County Jail until payment of the forfeiture and costs, but not in excess of the number of days set forth in sec. 800.095(4) of the Wisconsin Statutes.

7.055 Waste Oil Receptacle Regulations.

(1) 
Authority of Department. The Director of Public Works may, with the approval of the Board of Public Works, from time to time establish appropriately sited and equipped locations for the depositing of used or waste motor oil for the purposes of disposal of the same.
(2) 
Regulations for Use of Disposal Site.
(a) 
Only waste motor oil shall be deposited for disposal at such sites. Other forms of grease or fat shall not be disposed of at such sites.
(b) 
All waste oil deposited for disposal at such sites shall be deposited within the receptacle provided. The leaving of waste oil at the disposal site in containers other than the receptacle provided shall be prohibited.
(c) 
No person shall spill or cause to be spilled any waste motor oil on the ground, either at such waste oil disposal site or anywhere else in the City of West Allis.
(3) 
Violations of this section shall be punished, as provided by Section 7.16(d) of the Revised Municipal Code.

7.06 Noxious Chemicals.

(1) 
Use of Buildings Regulated. It shall be unlawful to construct, erect or rebuild any building, structure or factory in the City to be used for the purpose of manufacturing or compounding odd chemicals, extracts or any other substances which give off or emit any nauseous or offensive odors or smells, unless a permit therefor is first obtained, as herein provided.
(2) 
Building Permit Required. Application for a permit is to be made to the Building Inspector, who shall issue a permit upon satisfactory proof being filed in his office that all the requirements of the municipal building, electrical, wiring, heating, ventilating and plumbing codes are duly met, and that the safety requirements of the Industrial Commission of the State of Wisconsin are complied with. The Building Inspector shall have the power to impose such additional safeguards and requirements as he deems necessary and advisable to properly protect the inhabitants of the City.
(3) 
Storage Prohibited. It shall be unlawful to use any structure, building or factory in the City for the storing of nitric, sulphuric or other acids or chemicals which emit fumes or vapors injurious to health and comfort of the inhabitants of the City.

7.07 Heating of Occupied Buildings.

(1) 
Minimum Room Temperatures.
(a) 
Every owner or manager of any apartment, hotel, flat or other building, which is leased or rented for residential occupancy (living and sleeping) within the City, shall and is hereby directed to maintain, or to otherwise make available for optional use by any tenants or occupants, sufficient heat for a minimum temperature of 70° Fahrenheit at a distance three (3) feet above floor level whenever the outside temperature shall fall below 50° Fahrenheit.
(b) 
Every owner or manager of hospitals, day care centers, nursing homes, elementary schools or natatoriums within the City shall and is hereby directed to maintain, or to otherwise make available for optional use by any tenants or occupants, sufficient heat to comply with Section Ind. 64.05, Wisconsin Administrative Code.
(c) 
Every owner or manager of any building which is leased or rented for any other purpose within the City shall and is hereby directed to maintain, or to otherwise make available for optional use by any tenants or occupants, sufficient heat for a minimum temperature of 63° Fahrenheit at a distance three (3) feet above floor level whenever the outside temperature shall fall below 50° Fahrenheit, except that factories, machine shops, printing establishments and garages shall maintain sufficient heat for a minimum temperature of 56° Fahrenheit.
(2) 
Enforcement by Health Commissioner. It shall be the duty of the Health Commissioner of the City or his duly authorized agents to investigate all complaints pertaining to this section and to prosecute all violations thereof.
(3) 
Emergencies. When emergency conditions are found to exist, the Health Commissioner may, subject to the approval of the Common Council, establish such revisions thereto as he shall deem reasonable and necessary to alleviate any such emergency. Actions under this section shall, when appropriate, take into account the applicable provisions of the state and federal governments, including Section Ind. 64.05, Wisconsin Administrative Code.

7.08 Slaughter Houses and Slaughtering.

(1) 
Slaughter Houses Prohibited. No person, firm or corporation shall keep or maintain any slaughterhouse within the limits of the City.
(2) 
Slaughtering Prohibited. No person, firm or corporation shall slaughter or cause to be slaughtered, within the limits of the said City, any cow, steer, calf or beef cattle, pig, hog, sheep or lamb.

7.09 Sale of Meat.

(1) 
Inspections. No meat, sausage or meat product of any kind used for human consumption shall be sold or offered for sale in the City which has not been slaughtered or processed in a slaughter house regularly inspected by the Federal Bureau of Animal Industry or in a slaughter house subject to regulations and inspections equivalent thereto, and does not bear the stamp of the Bureau or the Inspection Department on each primal part, package or container thereof. The Health Commissioner shall determine what constitutes equivalent regulations and inspections. No unwholesome or tainted meat shall be offered for sale or sold in the City. The Health Commissioner may reject, condemn and seize any and all meat which does not bear the stamp of an inspector of the Federal Bureau of Animal Industry or an equivalent thereto and may condemn and seize any tainted, unwholesome or uninspected meat.
(2) 
Processing of Wild Game. It shall be unlawful for any person, firm or corporation operating a food establishment to cut and process wild game, or to have in their possession any wild game with intent to cut and process such game, unless the following requirements are met:
(a) 
Storage is provided in a compartment refrigerated at or below 40° F. from receipt of wild game until delivery. Such refrigerated storage and the cutting and processing of wild game shall be in a compartment separate and distinct from any compartment used for the storage or processing of any other food products; and,
(b) 
All equipment and utensils used for cutting and processing wild game shall be cleansed before use in connection with other food products.
(3) 
Smoked Fish. No person, firm or corporation shall sell or offer for sale any smoked fish which has been processed more than seven (7) days previously. Unless the date of processing is conspicuously posted at the point of sale, it shall be conclusively presumed that the fish were processed more than seven (7) days previously.

7.10 Food Products Regulations.

(1) 
Authority of Health Officer. The health officer of the City is authorized to make, promulgate and enforce such rules and regulations relative to the manufacture, storage, display, sale, handling and transportation of food and food products as may be necessary to fully protect the same from contamination or other unhealthful or unsanitary conditions.
(2) 
Inspection of Premises. The health officer of the City or his duly authorized agent may enter and examine the premises of any bakery, confectionery, cannery, packing house, candy factory, ice cream factory, ice factory, restaurant, hotel, coffee house, chop house, tea room, grocery, meat market, sausage factory, delicatessen store or other place in which food is prepared, produced, manufactured, packed, stored or served for sale, or any basket, wagon or other vehicle, hand steamer or street stand from which food is vended or peddled.
(3) 
Merchandise Display on Sidewalks. It shall be unlawful for the occupant of any store or place of business in the City to occupy, for the purpose of exhibiting merchandise, any part whatsoever of the public sidewalk in front or adjoining such place of business. "Public sidewalk" is defined to include the entire area dedicated as and for a public sidewalk, including both paved and unpaved portions; provided, however, that upon written application, the Common Council may allow such use of the public sidewalk by special permit. Such special permit shall specify the date, time and place allowed for such use of the public sidewalk and whatever further regulations, terms and conditions may be appropriate for the protection of health and safety.
[Ord. 6434, (deleted 7.11), 5/4/1999]

7.12 Animals, Fowls and Birds.

(1) 
Keeping of certain animals prohibited.
[Ord. 6158, 4/18/1995]
(a) 
No swine, goats, sheep, horses, cattle, wolves or wolf-dog hybrids, "fur-bearing animal," as defined in sec. 29.01(4) of the Wisconsin Statutes, or "game animal," as defined in sec. 29.01(6) of the Wisconsin Statutes, poisonous snakes or other similar animals shall be kept or harbored within the corporate limits of the City, nor shall any stable, pen, yard or other structure be used or maintained for the keeping of any such animals.
(b) 
No ferret three (3) months of age or older may be kept or harbored within the City unless, upon request by a law enforcement officer or employee of the West Allis Health Department, the person owning or keeping the ferret can demonstrate proof that the ferret has been vaccinated against rabies in compliance with the Compendium of Animal Rabies Control of the National Association of State Public Health Veterinarians.
(2) 
Keeping of fowl and rabbits.
[Ord. 6158, 4/18/95]
(a) 
The keeping of turkeys, geese, roosters, chickens, ducks, and other fowl, except as provided in sec. 7.12(7), is prohibited, nor shall any pen, coop or other structure be used or maintained for the keeping of such fowl.
(b) 
Section 7.12(1)(a), notwithstanding, it shall be lawful to keep rabbits subject to the provisions of this subsection. The keeping of more than two (2) rabbits in any outside or yard area of any dwelling or any building structure accessory thereto is prohibited. For purposes of this ordinance, rabbits shall not be considered until they have reached the age of five (5) months.
(c) 
The Health Commissioner may grant exceptions to the number of rabbits allowed in Section 7.12(2)(b) on a case by case basis upon written application. The Health Commissioner's decision to grant or deny an exception shall be based upon the numbers of rabbits to be kept; the reason(s) for the request; an informal survey of neighborhood residents; and, other factors which may be deemed relevant.
(d) 
Persons to whom an exception is granted are required to obtain a rabbit permit. The cost shall be ten dollars ($10.00) annually and the permit shall be for one calendar year. Permits may be revoked or denied renewal for cause.
(e) 
Appeals of the decision of the Health Commissioner regarding exceptions shall be submitted in writing to the License and Health Committee of the Common Council within fifteen (15) days of notification of the Health Commissioner's decision. The License and Health Committee shall respond within thirty (30) days of the date of the application and the decision of the Committee shall be final.
(3) 
Cruelty to Animals Prohibited.
(a) 
Cruelty Prohibited. No person shall cruelly beat, frighten, overburden or abuse any animal or bird, or use any device or chemical substance, except in connection with efforts to control species determined by the Health Commissioner to be a public health hazard or nuisance, if pain, suffering or death may be caused. Reasonable force, however, may be used to drive off vicious or trespassing animals.
(b) 
Improper Transport, Abandonment Prohibited. No person shall carry or transport in any vehicle or over any street, alley, sidewalk or public ground in the City any animal or bird so tied and placed as to inflict torture thereto, nor shall animals be abandoned for any reason within the City.
(c) 
Food and Water. No person owning or having custody of any animal or bird shall neglect or fail to provide it with necessary nourishing food at least once daily and provide a constant supply of clean water to sustain the animal or bird in good health.
(d) 
Proper Shelter Required. No person shall fail to provide any animal or bird in his charge with shelter from inclement weather to insure the protection and comfort of the animal or bird. When sunlight is likely to cause overheating or discomfort to any animal or bird, shade shall be provided by natural or artificial means to allow protection from the direct rays of the sun. Dogs and cats kept outdoors for more than one hour at a time must be provided with moistureproof and windproof shelter of a size which allows the animal to turn freely and to easily sit, stand and lie in a normal position and to keep the animal clean, dry and comfortable. Automobiles or garages shall not be used as animal shelters, except that during winter months a dog house may be placed inside a garage for shelter. Whenever the outdoor temperature is below 40° Fahrenheit, clean bedding material shall be provided in such shelters for insulation and to retain the body heat of the animal.
(e) 
Leashes. Chains, ropes or leashes shall be so placed or attached that they cannot be entangled with another animal or object, and shall be of sufficient length in proportion to the size of the animal to allow the animal proper exercise and convenient access to food, water and shelter. Such leash shall be located so as not to allow such animal to trespass on public property or private property belonging to others nor in such a manner as to cause harm or danger to persons or other animals.
(f) 
Enforcement. This section and sections 7.121 (Dogs and Dog Licenses), 7.122 (Cats and Cat Licenses), 7.123 (Animal Fancier Permit), and 7.124 (Pet Shops, Kennels and Grooming Establishments) may be enforced by the Health Commissioner, law enforcement (police) officers, or the Animal Control Officers of the Milwaukee Area Animal Domestic Control Corporation.
[Ord. O-2003-0055, 8/5/2003]
(4) 
Waste Products and Fecal Accumulations. The owner or person in charge of any animal shall not permit solid fecal matter of such animal to be deposited on any street, alley or other public or private property, unless such fecal matter is immediately removed therefrom by said owner or person in charge. At all times when an animal is exercised away from the premises of the owner or person in charge, that individual shall have available for use, and prominently displayed, an appropriate device for removing, containing and transporting feces which may be deposited, until such feces can be properly disposed of by wrapping and placing them into an appropriate refuse container. The owner or person in charge of any private property shall not permit solid fecal matter of animals to accumulate on such property, including the space between the street or curb and the sidewalk adjacent to such property, for a period in excess of twenty-four (24) hours.
(5) 
Animal Bites.
(a) 
Whenever a dog, cat or other domesticated animal, or wild animal held captive, bites a person within the City of West Allis, and such bite penetrates or lacerates the skin of the person bitten, such dog, cat, other domesticated animal or wild animal held captive, shall be restricted to the premises of its owner, if within the City, or to a veterinarian's care within Milwaukee County, as a suspect rabies case for a period of ten (10) days.
(b) 
If during the restricted time, said animal shows signs of illness, lameness or paralysis, the owner or veterinarian shall immediately report such condition to the West Allis Health Department.
(c) 
During the restricted period, said animal shall not be removed from the restricted premises except to be placed under a veterinarian's care. No such animal shall be placed back into community living before it has been inspected and released by the West Allis Heath Department. If the animal has spent the ten (10) day confinement period in the care of a veterinarian, upon its release, a veterinarian's report regarding the disposition of said dog shall be made to the West Allis Health Department.
(d) 
In the case of an animal bite, the Health Commissioner may issue such other rules and orders which, in his judgment, are necessary to safeguard the health and welfare of any person suffering an animal bite.
(6) 
Elimination of Pigeon Harborages.
(a) 
Homeless pigeon harborages are hereby declared to constitute a public nuisance.
(b) 
Homeless pigeon harborages shall mean any place where pigeons, which do not wear any type of ownership identification tag or band, or are not confined in an escape proof cage or pen, are permitted to live, gather or nest.
(c) 
It shall be the duty of the owner of any premises in the City, or his agent, to make such premises reasonably pigeon proof to prevent such premises from being a homeless pigeon harborage.
(d) 
In all cases where the Health Commissioner finds a homeless pigeon harborage existing, he shall serve upon the owner of such premises, or his agent, an order requiring such owner or agent, within ten (10) days of receipt of said order, to eliminate such harborage and to take whatever steps are deemed necessary by the Health Commissioner to prevent its recurrence, including the covering of openings, eaves or other places in any building with appropriate wire screenings or other suitable material to prevent pigeons from entering into such building or gathering or nesting thereon. In the event such owner or agent shall neglect or refuse to comply with such order to the satisfaction of the Health Commissioner, such owner or agent shall be subject to the penalties provided for violation of this section; and, in addition, the Health Commissioner may cause the elimination work to be done and the cost thereof shall be assessed against the real estate involved as a special tax and collected as are other special taxes.
(7) 
Pigeon Keeping.
[Ord. 6171, 6/20/1995]
(a) 
Definitions. As used in this ordinance, the following terms shall have the following meanings, unless the context clearly indicates a different meaning is intended:
1. 
"Pigeon" means a member of the family Columbidae, and shall include "Racing Pigeons," "Fancy Pigeons" and "Sporting Pigeons," as defined in this section.
2. 
"Racing Pigeon" means a pigeon which, through selective breeding, has developed the distinctive characteristics as to enable it to return to its home after having been released a considerable distance therefrom, and which is accepted as such by the American Racing Pigeon Union, Inc., or the International Federation of Racing Pigeon Fanciers. Also, commonly known as Racing Homer, Homing Pigeon or Carrier Pigeon.
3. 
"Fancy Pigeon" means a pigeon which, through selective breeding, has developed certain distinctive physical and performing characteristics as to be clearly identified and accepted as such by the National Pigeon Association, the American Pigeon Club or the Rare Breeds Pigeon Club. Examples: Fantails, Pouters, Trumpeters.
4. 
"Sporting Pigeon" means a pigeon which, through selective breeding, has developed the ability to fly in a distinctive manner, such as aerial acrobatics or endurance flying. Examples: Rollers, Tipplers.
5. 
"Loft" means a structure for the keeping or housing of pigeons which is located inside a house or garage.
6. 
"Mature Pigeon" means a pigeon aged six (6) months or older.
7. 
"Owner" means the person who keeps or has the care, custody or control of a pigeon or pigeons.
(b) 
Conditions for Keeping of Pigeons. The keeping, breeding, maintenance and flying of pigeons shall be permitted, on the following conditions:
1. 
The loft shall be of such sufficient size and design and constructed of such material, that it can be maintained in a clean and sanitary condition.
2. 
There shall be at least one (1) square foot of floor space in any loft for each mature pigeon kept therein.
3. 
The construction and location of the loft shall not conflict with the requirements of any Building Code or Zoning Code of the City.
4. 
All feed for said pigeons shall be stored in such containers as to protect against intrusion by rodents and other vermin.
5. 
The loft shall be maintained in a sanitary condition and in compliance with all applicable health regulations of the City.
6. 
All pigeons shall be confined to the loft, except for limited periods necessary for exercise, training and competition; and, at no time shall pigeons be allowed to perch or linger on the buildings or property of others.
7. 
All pigeons shall be fed within the confines of the loft.
8. 
No one shall release pigeons to fly for exercise, training or competition, except in compliance with the following rules:
i. 
The owner of the pigeons must be a member in good standing of an organized pigeon club, such as the American Racing Pigeon Union, Inc., the International Federation of Racing Pigeon Fanciers, the National Pigeon Association, the American Tippler Society, the International Roller Association, the Rare Breeds Pigeon Club, or a local club which has rules that will help preserve the peace and tranquility of the neighborhood.
ii. 
Pigeons will not be released for flying within four (4) hours of feeding.
9. 
No owner may have more than twenty-five (25) pigeons in a residentially zoned area.
10. 
No person may own any type of pigeon other than those defined in sec. 7.12(7)(a).
(c) 
Pigeon Permit. Any person owning a pigeon in the City of West Allis shall first obtain a permit. The Health Commissioner may issue an original or renewal pigeon permit upon submission of a completed application, payment of a fee of twenty-five dollars ($25) and inspection and approval of the premises for which the permit is to be issued. As part of the inspection process, the Health Commissioner shall conduct an informal survey of neighborhood residents to determine their concerns, if any, regarding pigeons being kept in the area. All permits shall expire on March 31, following the date of issuance, unless sooner revoked for cause. An additional fee of five dollars ($5) shall be paid whenever the annual fee for a renewal is paid after April 1. No permit may be issued for any premises upon which three (3) or more dwelling units are located.
(d) 
Right of Entry for Inspection. The Health Commissioner or his designee may enter and inspect any property or loft at any reasonable time for the purpose of investigating either an actual or suspected violation or to ascertain compliance or noncompliance with this ordinance.
(e) 
Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion of this ordinance.
(8) 
Feeding of Wild Animals.
[Ord. O-2010-0017, 5/18/2010; Ord. O-2011-0080, 2/21/2012]
(a) 
Definitions.
1. 
As used in this section, "feeding" means to place any material to feed or attract animals in or from the wild.
2. 
As used in this section, "wild animal" is defined as any nondomesticated animal that lives in nature, including, but not limited to squirrels, raccoons, and deer.
(b) 
The feeding of wild animals is prohibited in the City of West Allis.
(c) 
This subsection shall not apply to wild birds. Feeding of wild birds shall be done in a manner to ensure that other wild animals are unable to access the bird feed. Premises upon which bird feed is provided shall be cleaned at least once during each twenty-four-hour period to remove food material that has fallen to the ground. The Health Commissioner or his/her designee may order a property owner/occupant to cease the feeding of wild birds if an inspection reveals that evidence of rat activity is present on the property where bird feeding is occurring or on an adjacent property within three hundred (300) feet of the property line where rat activity is present. Such order shall be mailed or served in person to the property owner(s) of the affected properties and posted in a conspicuous place on the affected properties. Any person who continues to feed wild birds after receiving such an order shall be subject to the penalties in Section 7.16. Any person affected by the order may petition the Health Commissioner to lift the order if sixty (60) days have passed since the issuance of the order and the person can demonstrate to the Health Commissioner or his/her designee that no rat activity exists on the property.
[Ord. O-2014-0020, 4/1/2014]
(9) 
Dogs Prohibited at Rogers Playground.
[Ord. O-2011-0015; 5/17/2011]
(a) 
No person shall allow any dog to enter or remain at the Rogers Playground, located at South 56th Street and West Rogers Street in the City of West Allis.

7.121 Dogs and Dog Licenses.

(1) 
Licenses for Dogs.
(a) 
Any person owning, keeping or harboring a dog more than five (5) months of age on January 1 of any year, shall annually, or within thirty (30) days from date such dog becomes five (5) months of age, pay in a manner provided by the City Treasurer, a dog license fee in obtaining a license for such dog.
(b) 
The yearly license fee shall be twelve dollars ($12) for each neutered male dog and spayed female dog, and twenty-four dollars ($24) for dogs not neutered and spayed, except dogs kept in a kennel licensed under the provisions of Sec. 174.053, Wis. Stats., and dogs exempt under Sections 174.054 to 174.055, Wis. Stats. If the neutered or spayed dog became five (5) months of age after July 1 of the license year, the sum of six dollars ($6), or half of the sum of the twelve dollars ($12), shall be paid. If the dog is not neutered or spayed, the sum of twelve dollars ($12), or half of the sum of twenty-four dollars ($24), shall be paid. The provisions of this subsection notwithstanding, whenever the Milwaukee Area Domestic Animal Control Commission (MADACC) shall declare an amnesty period for late dog license fee charges, the fee, if any, set by MADACC shall apply for the period of the amnesty.
[Ord. 6524 (repeal & recreate) 7/5/2000; Ord. O-2008-0041, 9/18/2008; Ord. O-2014-0049, 8/5/2014]
(c) 
In the event that a license tag issued for a dog shall be lost, the owner may obtain a duplicate tag upon payment of six dollars ($6).
[Ord. 6524 (amend) 7/5/2000; Ord. O-2008-0041, 9/18/2008]
(d) 
Upon payment of the required dog license fee, the City Treasurer shall execute and issue to the owner a license and a durable tag with an identifying number, county in which issued and the license year. The license year shall commence on January 1 and end the following December 31.
(e) 
Dogs must wear identification tags at all times when off the premises of the owners, except when participants in an organized show or training situation. The fact that a dog is without a license attached to its collar shall be presumptive evidence that the dog is unlicensed.
(f) 
The City Treasurer shall assess and collect an additional fee of six dollars ($6) for each neutered male dog and spayed female dog, and twelve dollars ($12) for dogs not neutered or spayed from every owner of a dog five (5) months of age where such owner has filed and neglected to obtain a license prior to April 1, or within thirty (30) days after the dog has reached licensable age, and all monies so received or collected by any collecting officer shall be paid to the City Treasurer as revenue to the City of West Allis.
[Ord. 6524 (repeal & recreate) 7/5/2000; Ord. O-2008-0041, 9/18/2008; Ord. O-2009-0026, 9/1/2009]
(g) 
The City Treasurer shall not issue such dog licenses described above without proof of proper rabies shots. The City Treasurer shall not issue a new dog license for a neutered or spayed dog without proof of alteration.
(2) 
Keeping of More Than Two Dogs Prohibited.
[Ord. O-2012-0039, 11/20/2012]
(a) 
Except as provided in Section 7.123 of this Code, no person shall harbor, keep, raise or maintain at any time more than two (2) dogs per building or dwelling unit in the City; provided, however, that for the purposes of this ordinance, puppies shall not be considered dogs until after they have reached the age of five (5) months.
(b) 
A service dog, as defined in Wisconsin Statute Section 951.01(5), shall not be counted for purposes of this section if such dog is kept at a building or dwelling unit to assist a person also living at such building or dwelling unit.[1]
[1]:
Editor's Note: Former Paragraphs (3), Dogs Running at Large, (4), Dogs Causing Injury, and (5), Barking or Howling Dog Nuisance, all of which immediately followed this paragraph, were repealed 5-5-2009 by Ord. No. O-2008-0054.

7.122 Cats and Cat Licenses.

(1) 
Licenses for Cats.
(a) 
Any person owning, keeping or harboring a cat more than five (5) months of age on January 1 of each year, shall annually or within thirty (30) days from the date such cat becomes five (5) months of age, pay, in a manner provided by the City Treasurer, a cat license fee and obtain a license for such cat.
(b) 
The yearly license fee shall be twelve dollars ($12) for each neutered male cat and spayed female cat, and twenty-four dollars ($24) for cats not neutered and spayed. If the neutered or spayed cat became five (5) months of age after July 1 of the license year, the sum of six dollars ($6), or half of the sum of the twelve dollars ($12), shall be paid. If the cat is not neutered or spayed, the sum of twelve dollars ($12), or half of the sum of twenty-four dollars ($24), shall be paid. The provisions of this subsection notwithstanding, whenever the Milwaukee Area Domestic Animal Control Commission (MADACC) shall declare an amnesty period for late cat license fee charges, the fee, if any, set by MADACC shall apply for the period of the amnesty.
[Ord. 6524 (repeal & recreate) 7/5/2000; Ord. O-2008-0041, 9/18/2008; Ord. O-2014-0049, 8/5/2014]
(c) 
In the event that a license tag issued for a cat shall be lost, the owner may obtain a duplicate tag upon payment of six dollars ($6).
[Ord. 6524 (amend) 7/5/2000; Ord. O-2008-0041, 9/18/2008]
(d) 
Upon payment of the required cat license fee, the City Treasurer shall execute and issue to the owner a license and a durable tag with an identifying number, county in which issued and the license year. The license year shall commence on January 1 and end the following December 31.
(e) 
Cats must wear identification tags at all times when off the premises of the owners, except when participating in any organized show or training situation. The fact that a cat is without a license attached to its collar shall be presumptive evidence that the cat is unlicensed.
(f) 
The City Treasurer shall assess and collect an additional fee of six dollars ($6) for each neutered male cat and spayed female cat, and twelve dollars ($12) for cats not neutered or spayed from every owner of a cat five (5) months of age where such owner has filed and neglected to obtain a license prior to April 1, or within thirty (30) days after the cat has reached licensable age, and all monies so received or collected by any collecting officer shall be paid to the City Treasurer as revenue to the City of West Allis.
[Ord. 6524 (repeal & recreate) 7/5/2000; Ord. O-2008-0041, 9/18/2008; Ord. O-2009-0026, 9/1/2009]
(g) 
The City Treasurer shall not issue such cat licenses described above without proof of proper rabies shots. The City Treasurer shall not issue a new cat license for a neutered or spayed cat without proof of alteration.
(2) 
Keeping of More than Four Cats Prohibited. Except as provided in Section 7.123 of this Code, no person shall harbor, keep, raise or maintain at any time more than four (4) cats per building or dwelling unit in the City; provided, however, that for the purposes of this order, kittens shall not be considered cats until after they have reached the age of five (5) months.
(3) 
Cats Running at Large.
(a) 
Running at large prohibited; definition. No owner or keeper shall permit any cat to run at large on the public streets, alleys, public grounds or parks within the City. A cat shall not be deemed at large if accompanied by or under the control of any person. No person shall permit any such animal to escape or go upon any sidewalk, parkway or private lands or premises without the permission of the owner of such premises.
(b) 
Police to apprehend and confine. The Chief of Police shall designate an officer to apprehend, with the cooperation of the Milwaukee Area Domestic Animal Control Commission, any cats running at large on the streets, alleys, public grounds or parks of the City and shall confine such cats when apprehended in such place as may be provided by the Milwaukee Area Domestic Animal Control Commission.
[Ord. 6524 (repeal & recreate) 7/5/2000; Ord. O-2008-0041, 9/18/2008]
(c) 
Disposition of unclaimed cats. The possession of any licensed cat so seized or impounded may be obtained by the owner upon payment of the sum of twenty-five ($25.00) to the City of West Allis, plus the daily boarding fee to the Milwaukee Area Domestic Animal Control Commission, for keeping the cat for each day or fraction thereof during which the cat was impounded. The possession of any unlicensed cat may be obtained by the owner after obtaining a license and paying the fee provided herein. If any cat has been impounded for seven (7) days and has not been reclaimed by its owner, the cat may be disposed of by the Milwaukee Area Domestic Animal Control Commission in the most humane manner.
[Ord. 6524 (repeal & recreate) 7/5/2000]

7.123 Animal Fancier Permit.

(1) 
Animal Fancier Defined. "Animal fancier" is any person in a residential dwelling unit who shall keep, harbor, raise or possess any combination of more than two (2) dogs over the age of five (5) months and/or four (4) cats over the age of five (5) months, to a maximum of four (4) dogs and/or six (6) cats.
(2) 
Permit Required. The Health Commissioner may issue an original or renewal animal fancier permit upon submission of a completed application, payment of a fee of twenty-five dollars ($25) and inspection of the premises for which the permit is to be issued. All permits shall expire on March 31 following the date of issuance, unless revoked for cause prior to that date. An additional fee of five dollars ($5) shall be paid whenever the annual fee for a renewal is paid after April 1. No permit may be issued for any premises upon which three (3) or more dwelling units are located.
(3) 
Conditions for Issuing and Maintaining of Permit. Upon application for issuance or renewal, an inspection shall be made to determine compliance with the following provisions:
(a) 
All animals shall be maintained in a healthy condition or, if ill, shall be given appropriate treatment immediately.
(b) 
The quarters in which the animals are kept shall be maintained in a clean condition and good state of repair.
(c) 
Animal pens or enclosures shall be large enough to provide freedom of movement to the animals contained therein.
(d) 
Food supplies shall be stored in rodent-proof containers. Food and water containers shall be kept clean.
(e) 
Litter and/or bedding material shall be changed as often as necessary to prevent odor nuisance.
(f) 
Feces shall be removed daily from yards, pens and enclosures, and shall be wrapped and stored in tightly covered metal containers until final disposal. Exception may be made for feces which are properly composted in a manner which creates no vermin, odor or aesthetic nuisance.
(g) 
Yards, pens, premises and animals shall be kept free of insect infestations.
(h) 
No nuisance caused by odor, noise or animals running at large shall be permitted.
(4) 
Revocation of Permit. The Health Commissioner may revoke an animal fancier permit for serious and/or repeated noncompliance with the provisions of this section. Appeal of revocation shall be made in writing to the Common Council and execution of the revocation shall be stayed pending action by the Council.

7.124 Pet Shops, Kennels and Grooming Establishments.

(1) 
Definitions.
(a) 
Pet Shop Defined. The term "pet shop," as used herein, shall mean any commercial establishment wherein animals or birds are kept or maintained for and prior to sale. This definition does not include establishments which are keeping or maintaining for sale only fish or other aquatic or nonmammalian amphibious species.
(b) 
Kennel Defined. "Kennel" is any commercial establishment where more than two (2) cats, dogs or other animals not prohibited by sec. 7.21(1) may be kept for boarding, breeding, sale or sporting purposes.
(c) 
Grooming Establishment Defined. The term "grooming establishment," as used herein, shall mean any commercial establishment at which dogs, cats or other animals are bathed, groomed, clipped, trimmed or shorn or other such treatment is administered, and where no animals are kept or maintained on the premises overnight.
(2) 
Permit Required. The Health Commissioner may issue a pet shop, kennel or grooming establishment permit upon submission of a completed application, payment of a fee of twenty-five dollars ($25) and inspection of the premises. Each such permit shall expire one year from the date of issuance, unless revoked for cause prior to the date of expiration.
(3) 
Condition for Issuing and Maintaining Permit. Upon application for issuance or renewal of a pet shop, kennel or grooming establishment permit, an inspection shall be made to determine compliance with the provisions of sec. 7.123(3).
(a) 
No pet shop, kennel or grooming establishment shall be located in any building wherein food products are stored, served or prepared, unless a minimum distance of fifty (50) feet is maintained between such facilities and food storage, preparation or service area or areas. For purposes of this section, containment of the pet shop, kennel or grooming establishment area by a floor to ceiling wall, and a self-closing door, shall constitute adequate separation.
(b) 
The maximum number of animals to be kept at the facility shall be determined and this number shall be recorded on the permit, if and when issued.
(4) 
Revocation of Permit. The Health Commissioner may revoke a pet shop, kennel or grooming establishment permit for serious and/or repeated noncompliance with the provisions of the section. Appeal of revocation shall be made in writing to the Common Council and execution of the revocation shall be stayed pending action by the Council.

7.126 Dangerous Dogs.

Notes
Ordinance to Amend
Created: 2014-11-14|Updated: 2014-11-14
See Ordinance O-2014-0072 to amend Subsection 7.126(5)(b), effective November 7, 2014.
[Ord. No. O-2008-0054, 5/5/2009; Ord. O-2010-0014, 6/1/2010; Ord. O-2011-0005, 2/1/2011; Ord. O-2011-0084, 12/20/2011]
(1) 
Purpose. The purpose of this section is to protect the public health, safety, and general welfare of the citizens and visitors of the City of West Allis by reasonable regulation of dangerous animals.
(2) 
Definitions as used in this section:
(a) 
"Apparent attitude of attack" means demonstrating an intent or desire to cause injury by one or more of the following actions:
1. 
An attempt to bite a person or another animal;
2. 
An attempt to scratch a person or another animal;
3. 
Growling or barking in a threatening manner while approaching or chasing a person or another animal;
4. 
Growling or barking in a threatening manner while making physical contact with a person or another animal.
(b) 
"At large" means an animal is off the premises of its owner and on any public street, sidewalks, or alley, school grounds, a public park, or other public grounds or on private property without the permission of the owner or person in lawful control of the property, and not on a leash of at least ten (10) feet or less in length that is being held or controlled by a person.
(c) 
"Bodily harm" means physical pain or injury or any impairment of physical condition.
(d) 
"Caretaker" means any person eighteen (18) years of age or older who, in the absence of the owner, temporarily harbors, shelters, keeps or is in charge of a dog.
(e) 
"Dangerous dog" means any of the following:
1. 
Any dog which, when unprovoked, inflicts bodily harm on a person, domesticated animal on public or private property; or,
2. 
Any dog which chases or approaches persons or other domesticated animals in a menacing fashion or with an apparent attitude of attack, without provocation, upon the streets, sidewalks or any public grounds or on private property of another without the permission of the owner or person in lawful control of the property; or,
3. 
Any dog with a known propensity, tendency or disposition to attack, to cause injury to, or otherwise threaten the safety of humans or other domesticated animals; or,
4. 
Any dog which has been trained to attack human intruders; or,
5. 
Any dog that has acted in any manner that causes or should cause an owner to know that the dog is a threat to public health and safety.
(f) 
"Dog" means a domesticated member of canis familiaris or canis lupis familiaris.
(g) 
"Domesticated animal" means any bird or animal of any species, which usually lives in or about the habitation of humans as a pet or animal companion.
(h) 
"Owner" means any person owning, harboring, sheltering or keeping a dog.
(i) 
"Person" means any individual, firm, corporation or other legal entity.
(j) 
"Public nuisance" means any dog which:
1. 
Molests passersby or passing vehicles; or,
2. 
Is at large; or,
3. 
Damages private or public property; or,
4. 
Barks, whines or howls in an excessive or continuous fashion; or,
5. 
Is subject to more than one violation of this section in a twelve-month period.
(k) 
"Prohibited dangerous dog" means any of the following:
1. 
Any dog that, while on private or public property, has killed a domesticated animal without provocation; or,
2. 
Any dog that, without provocation, inflicts substantial bodily harm on a person on public or private property; or,
3. 
Any dog brought from another city, village, town or county that has been declared dangerous or vicious by that jurisdiction; or,
4. 
Any dog that is subject to being destroyed under Subsection 174.02(3), Wis. Stats.; or,
5. 
Any rabid dog; or,
6. 
Any wild animal hybrid (including but not limited to wolf hybrids); or,
7. 
Any dog trained, owned or harbored for the purpose of dog fighting.
(l) 
"Substantial bodily harm" means bodily injury that causes a laceration that requires stitches, any fracture of a bone, a concussion, a loss or fracture of a tooth or any temporary or permanent loss of consciousness, sight or hearing.
(3) 
Enforcement.
(a) 
The provisions of this chapter shall be enforced by employees of the Health Department, Police Department, Milwaukee Area Domestic Animal Control Commission (MADACC) or other persons authorized by the City Health Officer or Chief of Police. The City Health Officer may grant any exemptions or variances to the enforcement of this chapter for dogs specially trained to lead blind or deaf persons, to provide support for mobility-impaired persons or to assist with emergency search and rescue operations.
(b) 
Police Department, Health Department and MADACC personnel are authorized to catch and impound animals at large, with such authorization to include the pursuit of animals upon the premises of the owner, caretaker or other private property.
(4) 
Nuisance.
(a) 
All owners shall exercise proper care and control of their dogs to prevent them from becoming a public nuisance.
(b) 
No owner of a dog shall allow his or her dog, when unprovoked, to inflict bodily harm on a person or domesticated animal on public or private property. A dog's conduct shall be considered provoked if it falls under the conditions of Subsection (7) of this ordinance.
(c) 
Impoundment.
1. 
Unrestricted and nuisance dogs shall be taken by authorized employees of MADACC or any law enforcement agency and impounded in a temporary or permanent animal shelter and there confined in a humane manner.
2. 
When a dog is causing a public nuisance and its owner cannot be contacted at the time of the complaint, it may be impounded by authorized employees of MADACC or any law enforcement agency. After impoundment, reasonable attempts shall be made to contact the owner.
3. 
An owner reclaiming an impounded dog shall pay the accrued impoundment fee.
4. 
Any dog not reclaimed by its owner within seven (7) days becomes property of the local government authority, MADACC, or humane society and shall be place for adoption in a suitable home or humanely euthanized.
(5) 
Procedure For Declaring A Dog Dangerous And/Or Prohibited.
(a) 
Any law enforcement officer or duly authorized MADACC employee may enter and inspect private property to enforce the provisions of this section.
(b) 
Upon conducting an investigation, the humane or law enforcement officer may issue an order declaring a dog to be a dangerous dog or prohibited dangerous dog pursuant to the definitions in Subsections 7.126(2)(e) and (k). The officer shall mail the order to the owner's last-known address. Whenever an owner or caretaker wishes to contest an order, he or she shall, within thirty (30) days after receipt of the order, deliver to the City Clerk a written objection to the order stating specific reasons for contesting the order. Upon receipt of the written objection, the matter shall be placed on the agenda for the Administrative Review Board to be reviewed at the next regular meeting. The Administrative Review Board shall act as a quasi-judicial body allowing the dog's owner or caretaker an opportunity to present evidence as to why the dog should not be declared a dangerous dog or a prohibited dangerous dog. A nonrefundable fee of twenty-five dollars ($25.) is required for an owner's or caretaker's contesting of any dangerous dog order. Said fee shall be submitted at the time of and with the written objection stating the reason for contesting the order.
[Ord. O-2012-0023, 7/3/2012]
(c) 
After the hearing, the owner or caretaker shall be notified in writing of the Board's determination. If the Board upholds the determination that the dog is dangerous, the owner or caretaker shall comply with the requirements of Subsection 7.126(6) that the Board deems appropriate. If the owner or caretaker further contests the determination, he or she may within thirty (30) days of receiving the panel's decision seek review of the decision by the Circuit Court.
(d) 
The Police or Health Departments shall have the power to summarily and immediately impound a dog whenever they have reasonable grounds pursuant to Subsection 7.126(2) to believe that the dog is dangerous. The dog may remain impounded during the entire determination process.
1. 
Upon a dog being declared dangerous, the owner or caretaker shall comply with Subsection 7.126(6) within thirty (30) days of the dangerous declaration or reaffirmation thereof, or within such time as established by the Administrative Review Board.
2. 
If a determination is made that the dog is a prohibited dangerous dog, the owner or caretaker shall comply with Subsection 7.126(6) within thirty (30) days after the date of the determination.
(6) 
Harboring Dangerous Dogs.
(a) 
Dangerous Dogs Regulated.
1. 
Prohibited dangerous dogs not allowed in City. No person may bring into or keep in the City any dog that is a prohibited dangerous dog under this section.
2. 
No person may harbor or keep a dangerous dog within the City unless all provisions of this section are complied with.
3. 
No person shall obstruct, provide false information, or otherwise unreasonably interfere with officers of the department in the enforcement section or in the capture of any dog suspected of being dangerous.
4. 
The issuance of a citation for a violation of this section need not be predicated on a determination that a dog is a dangerous dog.
(b) 
Registration. The owner of any dog declared dangerous shall register it with the Police Department upon disposition, by providing a current color photograph of the dog and payment of a registration fee of seventy-five dollars ($75.).
(c) 
Leash and Muzzle.
1. 
No owner or caretaker, harboring or having the care of a dangerous dog may permit such a dog to go outside its dwelling, kennel or pen unless the dog is securely restrained with a leash no longer than ten (10) feet in length.
2. 
No person may permit a dangerous dog to be kept on a chain, rope or other type of leash outside its dwelling, kennel, or pen unless a person who is sixteen (16) years of age or older, competent to govern the dog and capable of physically controlling and restraining the dog. is in physical control of the leash.
3. 
A dangerous dog may be securely leashed or chained to an immovable object, with the owner or caretaker being in the physical presence of the dog at all times when it is so leashed or chained.
4. 
A dangerous dog outside of the dog's dwelling, kennel or pen shall be muzzled in a humane way by a muzzling device sufficient to prevent the dog from biting persons or other animals.
(d) 
Confinement.
1. 
Except when leashed and muzzled, all dangerous dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel that is located on the premises of the owner or caretaker and constructed in a manner that does not allow the dog to exit the pen or kennel on its own volition.
2. 
When constructed in a yard, the pen or kennel shall, at a minimum, be constructed to conform to the requirements of this paragraph. The pen or kennel shall be childproof from the outside and animal-proof from the inside. A strong metal double fence with adequate space between fences [at least two (2) feet] shall be provided so that a child cannot reach into the animal enclosure. The pen, kennel or structure shall have secure sides and a secure top attached to all sides. A structure used to confine a dangerous dog shall be locked with key or combination lock when the dog is within the structure. The structure shall either have a secure bottom or floor attached to the sides of the pen or the sides of the pen shall be embedded in the ground no less than two (2) feet. All structures erected to house dangerous dogs shall comply with all City zoning and building regulations. All structures shall be adequately lighted and ventilated and kept in a clean and sanitary condition.
3. 
Indoor confinement. No dangerous dog may be kept on a porch, patio or in any part of a house or structure on the premises of the owner or caretaker that would allow the dog to exit the building on its own volition. No dangerous dog may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacles preventing the dog from exiting the structure.
(e) 
Signs. The owner or caretaker of a dangerous dog shall display, in prominent places on his or her premises near all entrances to the premises, signs in letters of not less than two (2) inches high warning that there is a dangerous dog on the property. A similar sign is required to be posted on the kennel or pen of the dog. In addition, the owner or caretaker shall conspicuously display a sign with a symbol warning children of the presence of a dangerous dog.
(f) 
Spay and Neuter Requirements. Within thirty (30) days after a dog has been designated dangerous, the owner or caretaker of the dog shall provide written proof from a licensed veterinarian that the dog has been spayed or neutered.
(g) 
Microchip Requirements. Within thirty (30) days after a dog has been designated dangerous, the owner must provide written proof from a licensed veterinarian that a numbered microchip has been placed in the dog so that the dog can be easily identified. The number on the microchip shall be provided with the written proof.
(h) 
Liability Insurance. The owner or caretaker of a dangerous dog shall present proof of a certificate of insurance that the owner has procured liability insurance in an amount not less than one million dollars ($1,000,000) for any personal injuries inflicted by the dangerous dog. Whenever such policy is cancelled or not renewed, the insurer and dog's owner or caretaker shall notify the Police Department of such cancellation or nonrenewal in writing by certified mail.
(i) 
Waiver.
1. 
The Health Officer or Administrative Review Board may waive any requirement specified in Subsections (b) to (h) that is deemed to be inappropriate for a particular dangerous dog.
2. 
The Health Officer may waive the provisions of Subsections (b) to (h) for a military dog, or circuses, zoos or other animal shows or exhibitions, which are properly licensed, upon presentation by the dog's owner or handler of satisfactory arrangement for safe keeping of the dog.
(j) 
Notification. The owner or caretaker shall notify the Police Department within twenty-four (24) hours if a dangerous dog is unconfined, has attacked another animal, has attacked a human being or has died. The owner or caretaker shall notify the Police Department immediately if a dangerous dog is at large. No person may sell or transfer possession of a dangerous dog to another person without first notifying the person to whom the dangerous dog is being sold or transferred of the fact that such dog is a dangerous dog and of any requirement imposed upon the selling or transferring party by this division. No person may sell or transfer possession of a dangerous dog to another person, agency, organization or the like without first notifying the Police Department in writing, at least three (3) days in advance of the sale or transfer of possession with the name, address, and telephone number of the new owner of the dangerous dog. If the dangerous dog is sold or given away to a person residing outside the City, the owner or caretaker shall present evidence to the Police Department that he or she has notified the Police Department or other law enforcement agency of the dog's new residence, including the name, address and telephone number of the new owner of the dangerous dog.
(k) 
Euthanasia.
1. 
If the owner or caretaker of a dog that has been designated a dangerous dog is unwilling or unable to comply with the regulations for keeping the dog in accordance with this section, he or she may have the dog humanely euthanized by an animal shelter, the humane society or a licensed veterinarian.
2. 
Any dog that has caused bodily harm to a person, persons or a domestic animal on two (2) separate occasions off the owner's premises, without reasonable cause, may be destroyed as a result of judgment rendered by a court of competent jurisdiction, as specified under sec. 174.02(3), Wis. Stats. The City Attorney may petition an appropriate court to obtain a court order to destroy such a dog.
(7) 
Certain Dogs Not to be Declared Dangerous.
(a) 
No dog may be declared dangerous:
1. 
If death, injury or damage is sustained by a person who, at the time such injury or damage was sustained, was committing a trespass on the land or criminal trespass on the dwelling upon premises occupied by the owner of the dog; was teasing, tormenting, abusing or assaulting the dog; or was committing or attempting to commit a crime or violating or attempting to violate an ordinance which protects persons or property; or
2. 
If death, injury or damage was sustained by a domestic animal which, at the time such was sustained, was teasing, tormenting, abusing or assaulting the dog; or
3. 
If the dog was protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault; or
4. 
For dogs being utilized by a law enforcement agency for law enforcement purposes while under the control and direction of a law enforcement officer.
(8) 
Penalty. Any person who violates any part of this section shall forfeit for each violation an amount as indicated in Subsection 7.16(4), plus the costs of prosecution necessitated by enforcement of this subsection. Every day that any violation of this section continues shall be deemed a separate offense.
(9) 
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.

7.13 Stagnant Water Pits, Holes and Excavations.

(1) 
Definitions. "Hazardous depression is defined as any excavation, pit, hole, gully, ditch or depression of any nature whatsoever wherein water is accumulated and retained for more than twenty-four (24) hours; or, wherein trash, debris or odorous or otherwise objectionable material accumulates; or, which, in the judgment of the Health Commissioner otherwise constitutes a danger to the public health, welfare or safety. Drainage ditches installed or maintained by the City are not included.
"Building Excavation" is defined as the excavation made for the basement or foundation of a building.
(2) 
Public Nuisance. Hazardous depressions are hereby determined to constitute a public hazard and a nuisance.
(3) 
Abatement.
(a) 
Hazardous depressions. In all cases where the Health Commissioner finds a hazardous depression constituting a public hazard or nuisance, he shall serve upon the owner of the premises, where located, a notice requiring the abatement thereof within ten (10) days of the date of the notice by filling in the depression, together with such additional measures as are, in the judgment of the Health Commissioner, necessary for abatement. In the event the owner of the premises shall neglect or refuse to abate in the manner prescribed in the notice, the Health Commissioner shall cause the abatement work to be done and the cost thereof, on the Health Commissioner's certificate, shall be assessed against the premises as a special tax and collected as are other special taxes. Filling, in all cases, shall be done with materials and in a manner approved by the Director of Public Works to insure that natural drainage is not unduly blocked or hampered.
(b) 
Building excavations. Building excavations shall be fenced unless construction commences immediately after the excavation is completed. If a building excavation constitutes a hazardous depression, it shall be subject to abatement by the Health Commissioner, as herein before set forth. Provided, that in any event, if construction on the building excavation is not commenced within six (6) months after breaking ground, the Building Inspector shall serve an order upon the owner of the premises and the holder of any encumbrance of record that the erection of a building begin forthwith or that the excavation be filled within (15) days to lot grade. In the event the owner or encumbrance holder neglects or refuses to abate such hazard or nuisance in accordance with the order, the Building Inspector shall, either through available public agency or by contract or arrangement with private persons, fill the excavation in a manner approved by the Director of Public Works as to drainage, and the cost thereof shall be charged against the real estate and shall be a lien on such real estate and be assessed and collected as a special tax.

7.135 Public Swimming Pools.

[Ord. O-2006-0019, 5/2/2006]
(1) 
Definitions.
(a) 
Public Swimming Pool. Public swimming pool shall mean any premises or place as defined or classified by Wisconsin Administrative Code, Commerce, Section 90.03.
(b) 
Health Commissioner. The term Health Commissioner shall mean the Health Commissioner of the City of West Allis or an authorized agent.
(2) 
Permit Required. No person shall own, operate or manage a public swimming pool without first obtaining a permit from the Health Department. Permits shall be posted at a conspicuous location in the pool area and conditions or restrictions applying to the operation of the pool which are deemed necessary for the protection of the public by the City Health Commissioner shall be noted thereon. Public swimming pool permits shall not be transferable.
(3) 
Fees.
(a) 
Annual Fee. The annual fee for a public swimming pool permit shall be one hundred three dollars ($103.00), which shall be due and payable before the issuance of a permit. In addition, a one hundred three dollar ($103.00) preinspection fee is required for all public swimming pools for which a permit has not previously been issued by the City. All fees are waived for public swimming pools owned and operated by the City of West Allis or the West Allis-West Milwaukee School District.
(b) 
Additional Fees. In addition, the applicant must pay any state administrative fees, the amount of which are on file with the Health Department.
(4) 
Application for Permit. Application for a permit required in this section shall be made to the Health Department upon a form furnished by the Department and shall contain such information which the Department may prescribe and require and shall be accompanied by payment of the applicable fee.
(5) 
Issuance of Permit Generally. Permits required under this section, once approved by the Health Department, shall be issued by the Health Commissioner.
(6) 
Inspection Fee Required Prior to Granting of Permit. A permit will not be granted under this section to an operator of a new swimming pool or to a new operator of an existing public swimming pool without a preinspection.
(7) 
Transfer of Permit; Issuance to Agent or Employee. No permit issued under this section may be transferred unless otherwise provided by the ordinances of the City. No permit shall be issued to or used by any person acting as agent for or in the employ of another.
(8) 
Expiration and Renewal of Permit. Except where otherwise provided, every Health Department permit shall terminate or expire on June 30 of each year and may be renewed annually thereafter. The application for renewal shall be filed with the Health Department on or before June 30, together with payment of the required fees. If the annual renewal fee has not been paid on or before June 30, an additional late payment fee of fifty-two dollars ($52.00) shall be required. Establishments operating on July 15 without a proper permit shall be ordered closed by the Health Commissioner.
(9) 
Suspension or Revocation of Permit. The Health Commissioner may suspend or revoke any permit issued pursuant to the section for serious or repeated violations of ordinances or laws regulating the licensed activity.
(10) 
Right of Entry; Testing of Samples. The Health Commissioner may enter any establishment required to be licensed in this section at all reasonable times to inspect the premises, secure samples or specimens, examine and copy documents, obtain photographs, or take any other action he deems necessary to properly enforce the provisions of applicable laws regulating such business or activity. Samples of water from any licensed premises may be taken and examined by the Health Commissioner at such time as he deems necessary, for detection or microbiological quality, chemical disinfection, or any other enforcement purposes. Standards and definitions set forth in Wisconsin Administrative Code Health and Family Services Chapter 172, as they are from time to time amended, are hereby adopted by reference and incorporated as part of this section.
(11) 
Corrections of Violations; Citations. Whenever the Health Commissioner finds that any establishment required to obtain a permit in this section is not operating or equipped in any manner required by ordinances or laws regulating such establishment, the Health Commissioner may notify, in writing, the person operating the premises, specifying the requirements of such ordinance or law, and requiring that such business comply with the provisions of such ordinance or law, and specify the time limits within which compliance shall take place. If the time limit or any extension thereof set forth in the notification is not met, the permit may be suspended or revoked by the Health Commissioner.
(12) 
Emergency Powers of Health Commissioner. Whenever the Health Commissioner has reasonable or probable cause to believe that any sanitary condition, equipment, premises or method of operation thereof creates a danger to public health, the Health Commissioner may issue a temporary order prohibiting the continued operation of the premises, or any part thereof, which creates the immediate danger to health. The Health Commissioner may suspend any permit without notice whenever the licensed premises constitutes an immediate health hazard.
(13) 
Appeals. Any person aggrieved by the denial of a permit or by suspension or revocation of a permit required under this section by the Health Commissioner or by any temporary suspension or any other order may appeal any such order to the License and Health Committee of the West Allis Common Council within thirty (30) days of suspension, revocation or issuance of the order. The License and Health Committee of the West Allis Common Council shall provide the appellant a hearing or opportunity for hearing on the matter and may either suspend or continue any such order pending determination of the appeal. The decision of the License and Health Committee shall be final subject to appeal rights as provided by law.
(14) 
State Sanitation Regulations Adopted. All public swimming pools and permits under this section shall be subject to and comply with the provisions of Wisconsin Administrative Code, COMM 90 or HFS 172, as applicable, as they are from time to time amended.
(15) 
Authority to Close Public Swimming Pools. In addition to the closing criteria set forth in Wisconsin Administrative Code, HFS 172, the Health Commissioner may order any public swimming pool closed if the following conditions exist:
(a) 
Bacteriological or chemical analysis of water samples exceeds those standards listed in Wisconsin Administrative Code, HFS 172.10, or the presence of Pseudomonas aerugionsa or any other microbiological pathogen capable of transmitting a communicable disease is detected; or
(b) 
Any imminent health or safety hazard is identified.

7.14 Rat Control.

(1) 
Definitions.
(a) 
Owner or Manager. Within the meaning of this section, the owner is the title holder of record. The manager is the one in actual possession, charge or control of any property within the City as tenant, agent, trustee, guardian, executor or administrator. Notice to a manager shall be good and sufficient notice both as to the manager and the owner.
(b) 
Rat Proof Container. A rat-proof container shall be a container constructed of concrete or metal, or the container shall be lined with metal or other material that is impervious to rats, and openings into the container, such as doors, shall be tight fitting to prevent the entrance of rats.
(c) 
Rat-Proofing. Rat-proofing shall consist of closing openings in building foundations and openings under and around doors, windows, vents and other places, which could provide means of entry for rats, with concrete, sheet iron, hardware cloth or other types of rat-proofing material approved by the Commissioner of Health.
(d) 
Rat Harborage. Rat harborage shall mean any place where rats can live and nest without fear of frequent molestation or disturbance.
(e) 
Hardware Cloth. Hardware cloth shall mean wire screening of such thickness and spacing as to afford reasonable protection against the entrance of rats and mice.
(2) 
Elimination of Rat Harborages. Whenever accumulations of rubbish, boxes, lumber, scrap metal, car bodies or any other materials provide rat harborage, the person, firm or corporation owning or in control of such materials shall cause the materials to be removed or the materials shall be stored so as to eliminate the rat harborage. Lumber boxes and similar materials shall be neatly piled. These piles shall be raised at least a foot above the ground. When the owner of the materials cannot be found after reasonable search, the owner or manager of the premises on which the materials are stored shall be responsible for disposal or proper piling of the materials.
(3) 
Elimination of Rat Feeding Places. No person, firm or corporation shall place or allow to accumulate any materials that may serve as food for rats in a site accessible to rats. Any waste materials that may serve as food for rats shall be stored in rat-resistant containers. It shall be the responsibility of the occupant or the owner of record to see that the premises are kept free of material which could provide food for rats.
[Ord. O-2014-0021, 4/1/2014]
(4) 
Extermination. Whenever rat holes, burrows or other evidences of rat infestation are found on any premises or in any building within the City, it shall be the duty of the owner or manager of such property to exterminate the rats or to cause the rats to be exterminated. Within ten (10) days after extermination, the owner or manager shall cause all of the rat holes or burrows in the ground to be filled with earth, ashes or other suitable material.
(5) 
Rat Proofing. It shall be the duty of the owner or manager of any building in the City to make such building reasonably rat-proof, to replace broken basement windows and, when necessary, to cover the basement window openings with hardware cloth or other suitable material for preventing rats from entering the building through the window openings.
The owner or manager of any premises upon which sheds, barns, coops or similar buildings are located shall eliminate the rat harborages from within and under such buildings by rat-proofing, raising the buildings above the ground or by some other suitable method.

7.145 Hotels, Motels and Tourist Rooming Houses and Bed and Breakfast Establishments.

[Ord. O-2006-0021, 5/2/2006]
(1) 
Definition. For purpose of this ordinance, hotel, motel and tourist rooming house shall mean any premises defined by Wisconsin Administrative Code, HFS Section 195.03, and bed and breakfast establishment shall mean any premises defined by Wisconsin Administrative Code, HFS Section 197.03.
(2) 
Permit and Fees Required. Before opening for business, every hotel, motel, tourist rooming house or bed and breakfast establishment operator shall obtain a permit from the Health Commissioner. No permit shall be granted without a prelicensing inspection conducted by the Health Commissioner and completion of an application form provided by the Health Commissioner. The permit, when issued, must be conspicuously displayed on the premises for which it is issued. All permits shall expire on June 30.
(a) 
Hotel and Motel Fees. The fee for a prelicensing inspection for a new hotel or motel, or at the time of a change of operator of an existing hotel, shall be one hundred three dollars ($103.00). In addition, all hotels shall pay an annual fee as follows:
1. 
Hotels or motels with five (5) to thirty (30) rooms shall pay eighty-eight dollars ($88.00), or ninety-eight dollars ($98.00) for renewals paid after July 1.
2. 
Hotels or motels with thirty-one (31) to ninety-nine (99) rooms shall pay one hundred twenty-four dollars ($124.00), or one hundred forty dollars ($140.00) for renewals paid after July 1.
3. 
Hotels or motels with one hundred (100) or more rooms shall pay one hundred fifty-five dollars ($155.00), or one hundred seventy-one dollars ($171.00) for renewals paid after July 1.
(3) 
Tourist Rooming House Fees. The fee for a prelicensing inspection for a new tourist rooming house, or at the time of a change of operator of an existing tourist rooming house, shall be twenty-six dollars ($26.00). In addition, all tourist rooming houses shall pay an annual fee of forty-one dollars ($41.00).
(4) 
Bed and Breakfast Establishment Fees. The fee for a prelicensing inspection for a new bed and breakfast establishment, or at the time of a change of operator of an existing bed and breakfast establishment, shall be twenty-six dollars ($26.00). In addition, all bed and breakfast establishments shall pay an annual fee of forty-one dollars ($41.00).
(5) 
In addition, the applicant must pay any state administrative fees, the amount of which is on file with the Department of Health.
(6) 
All hotels, motels and tourist rooming houses and licensees under this section shall be subject to and comply with the provisions of Wisconsin Administrative Code, HFS Section 195.01 through 195.11, which are hereby adopted by reference and incorporated as part of this section, and all bed and breakfast establishment licensees under this section shall be subject to and comply with the provisions of Wisconsin Administrative Code, HFS Section 197, as they are from time to time amended, which are hereby adopted by reference and incorporated as part of this section.
(7) 
Corrections of violations; citations. Whenever the Health Commissioner finds that any establishment required to obtain a permit in this section is not operating or equipped in any manner required by ordinances or laws regulating such establishment, the Health Commissioner may notify, in writing, the person operating the premises, specifying the requirements of such ordinance or law, and requiring that such business comply with the provisions of such ordinance or law, and specify the time limits within which compliance shall take place. If the time limit or any extension thereof set forth in the notification is not met, the permit may be suspended or revoked by the Health Commissioner.
(8) 
Emergency Powers of Health Commissioner. Whenever the Health Commissioner has reasonable or probable cause to believe that any sanitary condition, equipment, premises or method of operation thereof creates a danger to public health, the Health Commissioner may issue a temporary order prohibiting the continued operation of the remises, or any part thereof, which creates the immediate danger to health. The Health Commissioner may suspend any permit without notice whenever the licensed premises constitute an immediate health hazard.
(9) 
Appeals. Any person aggrieved by the denial of a permit or by suspension or revocation of a permit required under this section by the Health Commissioner or by any temporary suspension or any other order may appeal any such order to the License and Health Committee of the West Allis Common Council within thirty (30) days of suspension, revocation or issuance of the order. The License and Health Committee of the West Allis Common Council shall provide the appellant a hearing or opportunity for hearing on the matter and may either suspend or continue any such order pending determination of the appeal. The decision of the License and Health Committee shall be final subject to appeal rights as provided by law.

7.15 Rooming Houses.

(1) 
Definitions. Whenever a term hereinafter defined appears in the text of this section, its meaning shall be construed as set forth in these definitions:
(a) 
Basement. Basement shall mean a portion of a building located partly underground, but having one-half (1/2) or more of its floor-to-ceiling height above the average grade of the adjoining ground.
(b) 
Cellar. Cellar shall mean a portion of a building located partly or wholly underground, and having less than one-half (1/2) of its floor-to-ceiling height above the average grade of the adjoining ground.
(c) 
Bath. Bath shall mean a bathtub or shower stall with both hot and cold water lines and properly connected to a waste line, and installed in accordance with the Plumbing Code, Chapter XVI, of the Code of the City of West Allis.
(d) 
Commissioner of Health. The Commissioner of Health shall be the person or persons designated by the Common Council as the Commissioner of Health of the City of West Allis.
(e) 
Family. Family shall mean one adult occupant plus one or more persons who are related by blood or marriage to said occupant.
(f) 
Habitable Room. Habitable room shall mean a room or enclosed floor space used or intended to be used for living or sleeping, excluding bathrooms, toilet rooms, laundries, pantries, foyers, communicating corridors, closets, storage spaces and stairways.
(g) 
Habitable Room Area. Habitable room area shall be calculated as the area of the room having a ceiling height of at least five (5) feet and at least one-half (1/2) of the habitable room area shall have a ceiling height of seven (7) feet. However, closet area and hall area within the sleeping room, where provided, may count for not more than ten percent (10%) of the required habitable floor area.
(h) 
Lavatory Basin. Lavatory basin shall mean a handwashing basin which is properly connected with both hot and cold water line and installed in accordance with the Plumbing Code, Chapter XVI, of the Code of the City of West Allis. This basin shall be separated and distinct from a kitchen sink.
(i) 
Occupant. Occupant shall mean any person over one year of age, including an owner or operator, living or sleeping in, or having actual possession of a sleeping room.
(j) 
Operator. Operator shall mean any person, firm or corporation in charge of a building, structure or part thereof in which rooms are left to roomers.
(k) 
Premises. Premises shall mean a platted lot or part thereof or unplatted lot or parcel of land or plot of land, either occupied or unoccupied by any dwelling or non-dwelling structure.
(l) 
Roomer. Roomer shall mean any person not related by blood or marriage to the operator to whom space is let for sleeping purposes.
(m) 
Rooming house. A rooming house shall mean any building, structure or part thereof in which three (3) or more rooms are let to roomers, or in which more than two (2) sleeping rooms share a common bath or toilet or in which one room or sleeping room is let to three (3) or more roomers. Hotels licensed by the state are not included within this definition.
(n) 
Sleeping Room. A sleeping room shall mean any room or group of rooms forming a single habitable room in a rooming house used, or intended to be used, for living and sleeping, but not for cooking or eating of meals.
(o) 
Supplied. Supplied shall mean paid for, furnished, provided by or under the control of, the owner or operator.
(p) 
Toilet. Toilet shall mean a water closet, with a bowl and strap made in one piece, which is of such shape and form and which holds a sufficient quantity of water so that no fecal matter will collect on the surface of the bowl, and which is equipped with flushing rims which permit the bowl to be properly flushed and scoured when water is discharged through the flushing rims.
(2) 
Rooming House Permit. No person shall operate a rooming house without obtaining a rooming house permit therefor issued by the Commissioner of Health.
(a) 
Application for a rooming house permit shall be in the form prescribed by the Commissioner of Health. Such application shall be made by the person, firm or corporation which is owner of record of the premises including the rooming house, and the permit shall be issued in said applicant's name.
(b) 
The annual permit fee for a rooming house with ten (10) rooms or less shall be twenty-five dollars ($25). The annual permit fee for a rooming house with more than ten (10) rooms shall be thirty-five dollars ($35). All permits shall expire on December 31. An additional fee of five dollars ($5) shall be paid whenever the annual fee for a renewal is paid after December 31.
(c) 
The rooming house permit shall be issued to the owner of record of the rooming house and shall show on its face the name of the owner, the person designated as the operator and the address of the rooming house. The rooming house permit shall be nontransferable. The Commissioner of Health must be notified, in writing, of any change in identity of operator, and this change shall be certified on the face of the permit. Any change of ownership shall require issuance of a new rooming house permit and payment of the annual fee.
(d) 
The Commissioner of Health shall cause an inspection to be made of each rooming house prior to issuing of the permit and at other times as is deemed necessary to assure compliance with the provisions of this section.
(e) 
The rooming house permit shall list the number of sleeping rooms and the maximum number of persons who may occupy each sleeping unit, as determined by these regulations, and shall be conspicuously posted at all times in the office, public lobby or public corridor of the rooming house. No person shall let to, receive, harbor or lodge more persons than are specified on the permit for each room.
(f) 
No rooming house permit shall be issued before an Occupancy Permit has been secured from the Building Inspector and the requirements of this section have been met. The issuance of the Rooming House permit shall not relieve the owner from complying with any other ordinances or codes which might affect the property or business.
(3) 
Conditions of Occupancy of Sleeping Rooms. No person shall occupy or let to another for occupancy any sleeping room which does not comply with the following requirements:
(a) 
Every sleeping room shall contain at least seventy (70) square feet of habitable room area for the first occupant thereof and at least fifty (50) square feet of habitable room area for each additional occupant thereof; provided, however, that no more than four (4) roomers shall be permitted to occupy any one sleeping room.
(b) 
Every sleeping room shall have a window opening upon a street, yard or court. The minimum window area shall be not less than ten percent (10%) of the habitable room area and shall be not less than twelve (12) square feet. Not less than forty-five percent (45%) of the total window area shall be openable. Windows shall be maintained in good repair and shall open and close easily. Windows shall be screened with 14 x 18 mesh or finer screen to prevent the entrance of flies, mosquitoes, other insects or rodents.
(c) 
At least one flush toilet, lavatory basin and bathtub or shower, in good working condition, shall be supplied for each six (6) persons, including the operator's family, whenever they share the use of said facilities; provided, that in rooming houses where rooms are let only to males, flush urinals may be substituted for not more than one-half (1/2) the required number of flush toilets. All such facilities shall be so located within the dwelling to be accessible from a common hall or passageway to all persons sharing such facilities; however, no such required facilities shall be located in a basement or cellar. Every lavatory basin and bathtub or shower shall be adequately supplied with hot and cold water at all times. All such toilet rooms shall be entirely separated from sleeping rooms by a solid partition extending from floor to ceiling. Each toilet room shall be lighted with at least a 60 watt bulb, and shall be provided with a means of natural or mechanical ventilation.
(d) 
Clean bedding shall be supplied at least weekly, and more frequently as required, and prior to the letting of any room to any occupant. Each roomer shall have at least one clean pillow. A moisture proof mattress cover shall be supplied to keep mattresses clean and dry. All quilts and comforters shall be kept in a clean, sanitary and odor-free condition, and replaced whenever they become worn out and unfit for further use.
(e) 
All rugs, carpets, drapes, curtains and upholstered furniture and other supplied equipment shall be kept clean and free from odor and in good repair. Each sleeping room shall be kept free from filth and vermin. Walls, floors and ceilings in each sleeping room, toilet room, hallway and stairway shall be kept clean and in proper repair, and shall be painted or washed as frequently as may be required by the Commissioner of Health.
(f) 
Doors to all sleeping rooms shall be provided with facilities for locking from the inside. There shall be no ventilation openings to the corridors from any sleeping room.
(g) 
Continuous illumination of not less than five (5) foot candles, measured at floors, shall be provided in corridors and stairways and at exterior entrances.
(h) 
All stairways with more than three (3) steps shall have a hand rail on the left side ascending, and shall be maintained in good order.
(i) 
Heat in occupied buildings hall be supplied in accordance with Section 7.07 of the Code of the City of West Allis.
(j) 
Each operator of a rooming house shall report to the Commissioner of Health, within twenty-four (24) hours, the name and room number of any roomer or person residing in his rooming house suffering or reasonably believed or suspected of suffering from any communicable disease.
(k) 
The owner and operator of each rooming house shall be responsible for any unsanitary condition prevailing within such rooming house, and upon the premises where such rooming house is located, and shall be responsible for the proper observance of all the provisions of this section.
(4) 
Rules and Regulations of the Commissioner of Health. The Commissioner of Health is hereby authorized to make such rules and regulations as will reasonably insure that all rooming houses, regulated in this section, shall be maintained in a condition of proper cleanliness and sanitation, and that proper provision is made therein for water, bathing facilities, beds, bedding, mattresses and other furnishings and appurtenances.
(5) 
Notification Requirements. Any person operating a rooming house shall:
[Ord. O-2003-0064, 10/7/2003]
(a) 
Make inquiry of all new applicants to be a roomer, and annually of all roomers, whether the applicant or roomer has ever been convicted of a sexually related offense. For purposes of this section, "sexually related offense" shall mean a violation of the following sections of the Wisconsin Statutes as they may from time to time be amended:
Sec. 940.225 (Sexual assault)
Sec. 944.17 (Sexual gratification)
Sec. 944.20 (Lewd and lascivious behavior)
Sec. 948.02 or 948.025 (Sexual assault of a child)
Sec. 948.05 (Sexual exploitation of a child)
Sec. 948.055 (Causing a child to view or listen to sexual activity)
Sec. 948.06 (Incest)
Sec. 948.07 (Child enticement)
Sec. 948.075 (Computer sex crime)
Sec. 948.08 (Soliciting child for prostitution)
Sec. 948.09 (Sexual intercourse - child age 16 or older)
Sec. 948.10 (Exposing genitals or pubic area)
Sec. 948.11 (Exposing child to harmful material)
Sec. 948.12 (Possession of child pornography)
(b) 
Conduct or cause to be conducted a criminal history background check on each roomer applicant and annually on each roomer.
(c) 
Report to the Police Chief, in writing, each roomer who has been convicted of a sexually related offense within ten (10) days of being informed by the roomer or the background check that such a conviction exists.
(6) 
Notification to the Public. The Police Chief may notify the public that a rooming house has as a roomer a person convicted of an offense listed in section 7.15(5)(a) in the same manner and under the same guidelines and restrictions as set forth in section 301.46(2m)(c), Wisconsin Statutes, as it may be amended from time to time.
[Ord. O-2003-0064, 10/7/2003]
(7) 
Reimbursement. A rooming house operator may apply to the Director of Development for reimbursement of the cost of the background check required by subsection 7.15(5). Payment, if any, shall be based upon availability of eligible community development block grant funds and shall be at the discretion of the Director of Development.
[Ord. O-2003-0064, 10/7/2003]

7.154 Public Physical Conditioning Establishments.

[Ord. O-2014-0008, 2/4/2014]
(1) 
Definitions. The following definitions shall apply in the interpretation and the enforcement of this section:
HEALTH COMMISSIONER
The term "Health Commissioner" shall mean the Health Commissioner of the City or designee.
PERSON
The term "person" shall mean any person, firm, organization, or corporation.
PUBLIC PHYSICAL CONDITIONING ESTABLISHMENT
The term "public physical conditioning establishment" shall mean any premises or facilities used by customers, members, students, or the general public for conditioning or training activities, swimming, jogging, martial arts instruction or training, weightlifting, gymnastics, aerobic exercise, tanning, or similar or related activities.
(2) 
State Regulations. Except as otherwise provided herein, the provisions of Wisconsin Statutes Section 100.178 as related to fitness centers, as they are from time to time amended, are hereby adopted by reference. All fitness centers shall comply with all applicable provisions of these regulations.
(3) 
License Application. A written application for the license required by this section shall be filed with the Health Commissioner upon forms provided by the Health Commissioner. The annual license fee shall be twenty-five dollars ($25.) and shall be paid at the time the initial application is filed or, for license renewals, prior to the expiration of a license. Any renewal license fee paid on July 1 or later shall be subject to a late fee of ten dollars ($10.). No person shall operate any public physical conditioning establishment until all license fees have been paid. A licensee or applicant shall notify the Health Commissioner in writing if any information listed in the application form has changed within ten (10) days of such change.
(4) 
License Required. No person shall operate a public physical conditioning establishment in the City without a license from the Health Commissioner. Only a person who complies with the requirements of this section shall be entitled to receive and retain a license. Licenses shall not be transferable as to persons or premises.
(5) 
Posting License; Fee for Duplicate License. Every public physical conditioning establishment shall display its license at all times in plain view of the public. Duplicate licenses shall be issued to replace licenses which are misplaced or damaged so as to be illegible. The fee for a duplicate license shall be ten dollars ($10.).
(6) 
License Year. The license year for the public physical conditioning establishment license shall be from July 1 to June 30 annually.
(7) 
Inspection of Establishments.
(a) 
Frequency of Inspections. The Health Commissioner or his/her designee shall inspect public physical conditioning establishments at least once during the license year. If the Health Commissioner or his/her designee discovers any violation that is potentially hazardous to the health and welfare of patrons or employees of the public physical conditioning establishment or to the public health, he/she may make a reinspection after a lapse of five (5) business days or such time as he/she deems reasonably necessary for the violations to be corrected. Failure to correct a violation within the scheduled time shall result in additional reinspections and may result in further legal action, including the issuance of citations. Any reinspection shall result in the Health Department assessing a twenty-five dollars ($25.) reinspection fee, per reinspection, to the public physical conditioning establishment applicant or licensee.
(b) 
Inspection Report. One (1) copy of the inspection report shall be given to the person in charge of the establishment and another copy shall be kept with the records of the Health Department.
(c) 
Access to Establishments and Records Required. The person operating a public physical conditioning establishment shall, upon the request of the Health Commissioner or his/her designee, permit access to all parts of the establishment and shall permit the copying of any records necessary for a health investigation.
(d) 
Inspection After Complaint. Upon a complaint or report of a violation of this section, the Health Commissioner or his/her designee shall inspect the establishment to determine if a violation exists. If the Health Commissioner or his/her designee confirms a violation to exist, the Health Department shall assess an inspection fee of twenty-five dollars ($25.) to the public physical conditioning establishment licensee.
(8) 
Establishments Which May Operate. No public physical conditioning establishment shall operate within the City unless it conforms to the requirements of this section.
(9) 
Summary Suspension and Reinstatement of License.
(a) 
Whenever the Health Commissioner or his/her designee finds unsanitary or other conditions in the operation of a public physical conditioning establishment, which in his/her opinion constitutes a substantial hazard to the public health, he/she may without warning, notice, or hearing issue a written notice to the licensee citing the condition, specifying the corrective action to be taken, and specifying the time period within which the action shall be taken; and, if deemed necessary, the order shall state that the license is immediately suspended and all public physical conditioning operations are to be immediately discontinued. The Health Commissioner or his/her designee shall promptly notify the City Clerk of any suspension. Any person to whom such an order is issued shall comply immediately therewith, but upon written petition to the City Clerk, shall be afforded a hearing before the License and Health Committee. The procedure for such hearing shall be the applicable provisions of Subsections (13)(c) through (f) of this section. Such hearing shall be scheduled within ten (10) days of the appellant filing the petition with the City Clerk.
(b) 
The license holder whose license has been suspended by the Health Commissioner or his/her designee may, at any time, make application for reinstatement of the license. The Health Commissioner or his/her designee shall make a reinspection and thereafter as many additional reinspections as he/she deems necessary to ensure that the applicant is complying with the requirements; and, in the event the findings indicate compliance, shall reinstate or reissue the license.
(10) 
Truth of Statements. All matters submitted in writing to the City by any applicant or licensee pertaining to any license issued under this section shall be true.
(11) 
Conditions of License.
(a) 
Every applicant procuring a license thereby consents to the entry of the Health Department, police, or other duly authorized representatives of the City at all reasonable hours for the purpose of inspection and search, and consents to the removal from said premises of all things and articles there had in violation of City ordinances or state laws.
(b) 
The licensee and/or employees and agents of the licensee shall cooperate with Health Department and police investigations. "Cooperate," as used in this subsection, shall mean calling the police when a disturbance of the peace or other violation occurs on the licensed premises and providing complete and truthful responses to police and Health Department inquiries. A licensee shall also appear before the License and Health Committee when requested to do so and shall otherwise follow the lawful directives of the License and Health Committee.
(c) 
Each licensed premises shall be conducted in an orderly manner, and no disorderly, riotous, or indecent conduct shall be allowed at any time on any licensed premises.
(d) 
The licensee shall comply with all other provisions of this section and all other ordinances of the City of West Allis and the laws of the State of Wisconsin.
(12) 
Minimum Requirements. All public physical conditioning establishments shall comply with the following minimum requirements:
(a) 
Equipment.
1. 
Conditioning equipment, exercise devices, tanning beds, and similar and related equipment shall be operated and maintained in compliance with recommendations and requirements of the manufacturer and all applicable regulations.
2. 
Equipment that is subject to bodily contact by users shall be washed or rinsed with a bactericidal solution, as frequently as necessary to insure adequate hygiene. Such bactericidal solutions and single-use towels shall be available for optional use by patrons at all times. Specific cleaning frequency requirements may be made a condition of the license for a public physical conditioning establishment.
(b) 
Locker Room Requirements.
1. 
Separate locker room facilities shall be present and accessible for men and women.
2. 
Hot and cold running water, under pressure, shall be supplied at all times to all sinks, lavatories, tubs, showers, and other bathing facilities. At least one (1) wash sink and one (1) toilet shall be available for use at any public locker room.
3. 
When towels or towel service are provided, clean towels shall be kept dry until used and shall not be used by more than one (1) patron. Used towels shall be kept separate from clean towels and shall be laundered or removed from the facility after use. Laundering of towels shall be done in a manner which provides complete bactericidal treatment.
4. 
Shower curtains, when used, shall be of plastic or similar material and shall be kept clean and in good repair. Worn, ripped, or uncleanable shower curtains shall be removed. Cloth or absorbent shower curtains and curtain liners are prohibited.
5. 
Public locker room floors, walls, and ceilings, as well as benches, chairs, and other furniture shall be clean, water-resistant, and in good repair. All room surfaces subject to moisture and bacterial contamination shall be washed or wet mopped with an appropriate bactericide as frequently as necessary to prevent odors or disease. Areas in which moisture or other conditions create slipping or sliding hazards shall be equipped with handrails or other anti-slip devices or treatments.
6. 
All public locker room patrons shall have available for their optional use a clothes locker constructed of substantial material, provided with an interior hook for hanging items of clothing and with a means for locking to provide security for patrons' items and property. Lockers shall be arranged, designed, and located so that they are not subject to spray or other water damage.
(13) 
Suspension, Revocation, and Nonrenewal.
(a) 
Causes. Any license issued under this section may be suspended, revoked, or not renewed for cause by the Common Council after notice to the licensee and a hearing. Licenses may be suspended, revoked, or not renewed for the following causes:
1. 
The making of any material false statement in any application for a license.
2. 
The violation of any of the applicable provisions of Section 7.154.
3. 
The violation of any of the applicable provisions of Wisconsin Statutes Section 100.177 or 100.178.
4. 
The failure to conduct its licensed business at the authorized location for a period of thirty (30) consecutive days, unless such thirty-day period shall, for good cause shown, be extended by the Common Council.
5. 
The licensed premises is operated in such a manner that it constitutes a public or private nuisance or that conduct on or emanating from the licensed premises, including but not limited to loud and raucous noise, has had a substantial adverse effect upon the health, safety, convenience or prosperity of the immediate neighborhood.
6. 
The failure to pay any tax or forfeiture as provided in Section 1.08(9)(a) and (b).
(b) 
Commencement of Proceedings. Suspension, revocation, or nonrenewal proceedings may be instituted by the License and Health Committee of the Common Council upon its own motion or upon sworn written charges made and filed with the Clerk/Treasurer by the Health Commissioner.
(c) 
Procedure.
1. 
Upon receipt of a sworn complaint, either from the Health Commissioner or upon directive of the Committee, the License and Health Committee shall direct the City Attorney to prepare a summons and have the summons and complaint served upon the licensee pursuant to Section 801.11 of the Wisconsin Statutes.
2. 
The summons and complaint shall contain: the date and time for appearance by the licensee; a statement of the Common Council's intention to suspend, revoke, or not renew the license in the event any of the allegations are found to be true; a statement of the reasons for suspension, revocation, or nonrenewal; notification to the licensee of an opportunity to be heard, respond to and challenge the reasons for suspension, revocation, or nonrenewal and to present and cross-examine witnesses under oath; notification to the licensee of the right to be represented by counsel of the licensee's choice and at the licensee's expense.
3. 
If the licensee fails to appear on the date and time designated in the summons, the License and Health Committee may enter a default judgment and take the allegations of the complaint to be true. The License and Health Committee shall then deliberate on what sanction, if any, to impose.
4. 
If the licensee appears before the License and Health Committee at the date and time designated in the summons and denies the material charges contained in the complaint, an evidentiary hearing shall be scheduled. If the licensee does not appear or appears, but does not deny the material charges contained in the complaint, the complaint may be taken as true and the Committee shall hear the arguments of the complainant and, if applicable, the licensee in connection with whether to not renew, revoke or suspend the license and the length of the suspension.
5. 
If the matter proceeds to hearing before the Committee, the following procedures shall apply:
a. 
The complainant shall first present evidence in support of the complaint.
b. 
After the complainant rests, the licensee may present evidence in opposition to the charges.
c. 
The complainant and licensee may subpoena and present witnesses. All witnesses shall testify under oath or affirmation and shall be subject to cross-examination.
d. 
The complainant and licensee shall each be limited to one (1) hour for testimony unless the Chair, subject to approval of the Committee, extends the time to assure a full and fair presentation.
e. 
Questions by Committee members or the advising City Attorney and answers to such questions shall not be counted against the time limitations.
f. 
At the close of testimony, the complainant and licensee shall be given a reasonable time to make arguments upon the evidence produced at hearing.
(d) 
Miscellaneous Procedural Matters.
1. 
At all stages of the proceedings, the licensee shall be entitled to appear in person or by an attorney of his or her own expense.
2. 
If the complaint is in the name of the Committee or is brought by a City official in his/her official capacity, the complainant shall be represented by a prosecuting City Attorney.
3. 
The Committee shall be, when required, advised by an advisory City Attorney who shall not be the same individual as the prosecuting City Attorney.
4. 
The Chair of the License and Health Committee shall be the presiding officer. The Chair shall direct that oaths and affirmations be administered and subpoenas issued upon request of either side. The Chair shall ensure that an orderly hearing is conducted in accordance with the provisions of this section. The Chair shall rule on objections to the admissibility of evidence. Any ruling of the Chair shall be final unless appealed to the Committee and a majority vote of those members present and voting reverses such ruling.
5. 
An audio recording or stenographic record shall be made of all proceedings at the hearing. Any interested party may obtain a copy of the recording or transcript at his or her own expense.
(e) 
Findings and Recommendations.
1. 
After the close of the hearing, the Committee shall deliberate and reach a decision. The Committee shall prepare findings on factual matters, conclusions of law, and a recommendation on what action, if any, should be taken with regard to the license(s) at issue. The report shall be filed with the City Clerk/Treasurer with a copy to the licensee and complainant. The findings and recommendations shall be distributed to each member of the Common Council.
2. 
The licensee and complainant may file a written statement or response to the findings and recommendation, including objections, exceptions, and arguments of fact and law. A written statement must be filed with the City Clerk/Treasurer before the close of business on a day that is at least three (3) working days prior to the date set for determination by the Common Council. Copies of written statements shall be provided to each member of the Common Council at least twenty-four (24) hours before any vote on the matter is scheduled before the Common Council.
(f) 
Common Council Action.
1. 
Not less than five (5) working days prior to the matter being scheduled before the Common Council, the Clerk/Treasurer shall notify the licensee and complainant by U.S. first class mail, postage prepaid, sent to the last known address, that the Common Council will convene to determine the matter.
2. 
Unless an Alderperson states that he/she has not read the findings and recommendations, and written statements, if any, the matter shall proceed to debate amongst members of the Common Council. Neither the complainant nor the licensee shall be permitted to make oral arguments.
3. 
The Common Council shall determine by a majority vote of those in attendance and voting whether to adopt the recommendation of the Committee or make such modification as is deemed appropriate. Such vote shall be a roll call vote. Upon an affirmative vote suspending, revoking, or not renewing the license(s), the Clerk/Treasurer shall give notice to the person whose license is affected. If the Common Council finds the complaint to be untrue or unsupported by sufficient evidence, the proceedings shall be dismissed without cost to the accused.
(g) 
Surrender of License.
1. 
A licensee may, at any time during the license year surrender a license to the Health Department, along with a statement, in writing, that the licensee no longer wishes to conduct the licensed activity at the licensed premises.
2. 
Except as set forth in Subsection (h)3 below, the surrender shall operate to extinguish any right the licensee had to the license or to conduct licensed activity at the premises listed in the license.
3. 
If a summons and complaint has been issued against the licensee seeking suspension, revocation, or nonrenewal of the license, the surrender of the license shall be deemed a request and the matter shall be referred to the License and Health Committee. The Committee may approve the request or deny the request and proceed to hearing.
4. 
Any request to have a surrendered license returned shall be treated as a new license application and the requestor must fill out the required applications and pay the required fees. The request shall thereafter be treated as all other new license applications.
(h) 
Prohibition on Future Issuance. If a license is revoked or not renewed due to action by the License and Health Committee, at least two (2) years shall elapse before another license may be given to the same licensee.
(14) 
Nuisance Enforcement. In addition to the penalties listed within this section, the City Attorney or his/her designee or the Health Commissioner or his/her designee may pursue a nuisance enforcement action against a public physical conditioning establishment under Chapter 18 of this Code.

7.155 (Reserved)

[Ord. 6636, 11/4/2002]

7.157 Special Inspection Requests.

Inspections made at the request of any operator of any establishment for which a license or permit is issued under the terms and conditions of this Code, outside of the normal working hours of the Department, shall be subject to a fee of fifty ($50) dollars. This fee is payable at the time of the requested inspection and is in addition to any other fees or charges.

7.159 Appeal by Operator.

Any establishment operator aggrieved by an order of the Department may make appeal to the License and Health Committee of the Common Council within thirty (30) days after issuance of the order. A written request for appeal, briefly stating the basis upon which it is requested, shall be submitted to the Health Commissioner, who shall notify the Committee of the appeal and schedule a hearing at which the operator has the option of appearing. The Health Commissioner, or a representative, shall attend the hearing but shall have no vote. The findings of the Committee to reaffirm, set aside or modify the order shall be conveyed to the appellant by the Health Commissioner, in writing, within fifteen (15) working days of the hearing.

7.16 Penalties.

[Ord. 6114, 8/2/1994; Ord. 6171, 6/20/1995; Ord. No. O-2008-0054, 5/5/2009; Ord. O-2010-0017, 5/18/2010; Ord. O-2011-0005, 2/1/2011; O-2014-0006, 2/4/2014]
Every person, firm or corporation convicted of a violation of any of the provisions of this chapter shall, for each offense, be punished by a forfeiture of not less than twenty-five dollars ($25.) nor more than one thousand dollars ($1,000.), together with the cost of prosecution; in default of payment of such forfeitures and costs, by imprisonment in the Milwaukee County House of Correction or Milwaukee County Jail until payment of such forfeitures and costs, but not in excess of the number of days set forth in sec. 800.095(1)(b)(1) of the Wisconsin Statutes, or by suspension of operating privileges, pursuant to secs. 343.30 and 345.47 of the Wisconsin Statutes. Each and every day during which a violation continues constitutes a separate offense. In addition, where appropriate, legal or equitable actions may be commenced to enjoin any person, firm, or corporation from violating any of the provisions of this chapter.