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.

General Powers. In addition to the powers and duties set forth in Chapter 251 of the Wisconsin Statutes, the Health Commissioner shall:

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.

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.

Cleaning.

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.

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.

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.

Abatement means removal, containment or encapsulation of a lead poisoning hazard.

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.

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.

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.

Health Commissioner means the Health Commissioner of the City, or his/her representative.

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.

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:

When Required. Lead poisoning hazards shall be abated when they have been identified if:

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:

Abatement Procedures.

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.

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.

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.

Numerous scientific studies have found that tobacco smoke is a major contributor to indoor pollution.

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.

Health hazards induced by breathing sidestream or secondhand smoke include lung cancer, respiratory infection, decreased respiratory function, decreased exercise tolerance, bronchoconstriction and bronchospasm.

Air pollution caused by smoking is an offensive annoyance and irritant and smoking results in serious and significant physical discomfort to nonsmokers.

The purported health benefits from electronic smoking devices have not been scientifically proven, and use of these devices has not been proven safe, either for their users or for bystanders. More than one study has concluded that exposure to vapor from electronic smoking devices may cause passive or secondhand vapor inhalation. Clinical studies about the safety and efficacy of electronic smoking devices have not been submitted to the FDA for the more than four hundred (400) brands of electronic smoking devices that are on the market, and consumers have no knowledge of whether electronic smoking devices are safe; what types of concentration of potentially harmful chemicals the products contain; and what dose of nicotine the products deliver. The World Health Organization has strongly advised consumers against the use of electronic smoking devices until they are "deemed safe and effective and of acceptable quality by a competent national regulatory body." The World Medical Association has determined that electronic smoking devices "are not comparable to scientifically-proven methods of smoking cessation" and that "neither their value as therapeutic aids for smoking cessation nor their safety as cigarette replacements is established." A study has shown that heavy exposure to electronic smoking device vapor damages DNA in cell cultures and causes genetic instability that may lead to cancer.

Research indicates electronic smoking devices may lead youth to try other tobacco products. In addition, research indicates that youth who use electronic smoking devices are more likely to use tobacco products, including cigarettes, than those youth who do not use electronic smoking devices.

Electronic smoking devices are currently unregulated and have been proven to emit nicotine, ultra-fine particles, volatile organic compounds and other toxins. Inhalation of nicotine is proven to be dangerous to everyone, especially children and pregnant women. Exposure to ultrafine particles may exacerbate respiratory illnesses, such as asthma, and may constrict arteries which could trigger a heart attack. The volatile organic compounds, such as formaldehyde and benzene, found in electronic smoking device aerosols, as well as conventional cigarette smoke, are proven carcinogens.

A Harvard University health study found high levels of diacetyl in 39 of 51 unique flavors of chemicals used in electronic smoking devices. Diacetyl is associated with bronchiolitis obliterans and other severe respiratory diseases among workers who have inhaled heated vapors containing diacetyl.

Existing studies on electronic smoking devices' vapor emissions and cartridge contents have found a number of dangerous substances including: carcinogens such as formaldehyde, acetaldehyde, lead, nickel, and chromium; PM 2.5, acrolein, tin, toluene, and aluminum which are associated with a range of negative health effects such as skin, eye, and respiratory irritation, neurological effects, damage to reproductive systems, and premature death from heart attacks and stroke; inconsistent labeling of nicotine levels in electronic smoking device products; and in one instance, diethylene glycol, an ingredient used in antifreeze and toxic to humans.

Protecting the public health, safety, comfort and general welfare of the people of the City of West Allis.

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.

Assisting owners, operators and managers in complying with state law and this ordinance.

"City Buildings" means all City-owned or operated buildings and those portions of buildings leased or operated by the City.

"Electronic smoking device" means an electronic device that can be used to deliver an inhaled dose of nicotine or any other substance intended for human consumption that may be used by a person to simulate smoking through inhalation of vapor or aerosol from the product. It includes any such device whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, vape pen or any other product name or descriptor.

"Smoking" means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, including hookahs and marijuana, whether natural or synthetic, in any manner or in any form. Smoking also includes the use of an electronic smoking device which creates an aerosol or vapor in any manner or in any form or the use of any oral smoking device.

Any place prohibited by subsection 101.123(2) of the Wisconsin Statutes, which are expressly adopted and incorporated herein.

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.

Any enclosed indoor area in any place prohibited by Subsection 101.123(2) of the Wisconsin Statutes.

Any City park or grounds while being used by the West Allis-West Milwaukee School District for school-related events.

Within the pool area at the Liberty Heights Pool. The pool area shall include the entire area inside the chain-link fencing.

Within one hundred (100) feet of any playground, equipment, or recreational area owned by the City or the West Allis/West Milwaukee School District specifically designed to be used by children that has play equipment installed. Such prohibition shall not apply to a person located on private property.

Those places or areas set forth in Subsection 101.123(3) of the Wisconsin Statutes.

For the purpose of smoking electronic smoking device liquids in an electronic smoking device only, premises that are validly licensed under Section 9.36 of the Code as of November 1, 2016, and that prohibit minors from entering or remaining on the premises. Such exception shall become invalid if the premises is no longer validly licensed at any time or is unoccupied for a period greater than one (1) year.

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.

Any person in charge who violates Subsection 101.123(2m) of the Wisconsin Statutes shall forfeit one hundred dollars ($100.) for each violation.

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.

"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).

"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.

"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.

"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.

"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.

"Day" means the hours between 7:00 a.m. and 9:59 p.m.

"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.

"Decibel" means a unit of measure of the volume of a sound.

"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.

"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.

"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.

"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.

"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.

"Night" means the hours between 10:00 p.m. and 6:59 a.m.

"Noise Disturbance" means any sound or vibration which:

"Person" means any individual, association, partnership, joint venture, company, or corporation.

"Place of Public Entertainment" means any building that is open to the public for entertainment purposes.

"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.

"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.

"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.

"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.

"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.

"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.

"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.

"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.

"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.

"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.

"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.

"Vibration" means a temporal and spatial oscillation of displacement, velocity, and acceleration in a solid material.

"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.

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.

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.

The following steps must be followed when preparing to take sound level measurements:

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.

The instrument manufacturer's specific instructions for preparation and use of the instrument shall be followed.

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:

A reduction of five (5) dB(A) will apply to each of the limitations set forth under Subsection (6)(a) for all impulse noises.

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.

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.

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.

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.

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.

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.

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.

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."

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.

Motor Vehicles.

Refuse Collection Vehicles and Compacting Equipment.

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.

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.

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.

The operation of authorized emergency vehicles.

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.

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.

Parades, duly licensed, pursuant to Section 6.031 of this Code.

Aircraft operations.

Any fireworks display permitted under and operated in compliance with Wis. Stat. Section 167.10.

Any bells or chimes of any building clock, public or private school building, church, synagogue, or other place of religious worship.

Carnivals, duly licensed, pursuant to Section 9.09 of this Code.

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.

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.

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.

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 variance applicant with notice of such hearing by mail or personal service at least ten (10) days before such hearing. Additionally, the City Clerk shall mail notice of the hearing to property owners within two hundred (200) feet of the affected property at least ten (10) days before such hearing.

Procedure at Hearing. If the matter proceeds to hearing before the Committee, the following procedures shall apply:

Miscellaneous Procedural Matters.

Recommendation to the Common Council.

Common Council Determination.

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.

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.

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.

Health Commissioner. The term "Health Commissioner" shall mean the Health Commissioner of the City or designee.

Permit. The document issued by the West Allis Health Department that authorizes a person to operate a retail food establishment. The term "permit" shall be used interchangeably with the term "license."

Person. The term "person" shall mean any person, firm, organization, or corporation.

State Administrative Fee. The term "State Administrative Fee" shall mean the amount of money paid annually to 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.

The fee for a sanitation inspection shall be fifty dollars ($50.) and each re-inspection fee shall be twenty-five dollars ($25.). All fees shall be paid prior to inspection.

If an inspection reveals the existence of a violation that is potentially hazardous to the health and welfare of the public, the Health Commissioner or his/her designee may order a reinspection of the establishment.

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 retail 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 reinspection shall result in the Health Department assessing the reinspection fees listed in Subsection (5) above.

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 at the Health Department.

Access to Establishments and Records Required. The person operating a retail 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 an inspection or foodbome illness investigation.

Whenever the Health Commissioner or his/her designee finds unsanitary or other conditions in the operation of a retail food establishment or establishment licensed under Section 9.02 of the Code, 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 shall 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 (15)(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.

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.

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.

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.

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.

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.

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:

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 City Clerk by the Health Commissioner.

Procedure.

Miscellaneous Procedural Matters.

Findings and Recommendations.

Common Council Action.

Surrender of License.

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.

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.

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.

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.

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.

Exceptions to One-Hour Limit.

Name, address and telephone number of the applicant.

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.

A description of the food offered, including a copy of the menu.

The location from which the business will be conducted, including a proposed route, and the proposed dates and times.

Make, model and license number of any vehicle to be used by the applicant in the conduct of the business.

Last municipalities, not to exceed three (3), where the applicant conducted similar business.

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.

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.

Proof of a food-related permit issued by the West Allis Health Department.

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.

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.

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.

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.

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.

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.

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.

A food peddler shall not:

A food peddler shall:

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.

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.

"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.

"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.

"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.

"Composting" means a controlled biological reduction of organic yard waste to humus.

"Condominium" means a premises subject to a condominium declaration under Chapter 703 of the Wisconsin Statutes, including household activities associated therewith.

"Construction waste" means solid waste resulting from building construction, alteration or repair.

"Department" means the Public Works Department of the City.

"Director" means the Director of the Public Works Department and his duly authorized deputies and agents.

"Garbage" means discarded materials resulting from the handling, processing, storage and consumption of food.

"Hazardous substance" means the meaning given in Wis. Stats. § 292.01(5).

"Hazardous waste" has the meaning given in Wis. Stats. § 291.01(7).

"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.

"Inorganic waste" means concrete, asphalt, brick, block, stone, ground and, for purposes of this subsection, sod.

"Manufacturing has the meaning given in Wis. Stats. § 70.995(a).

"Multi-family" means a premises improved with a building containing four (4) or more dwelling units, including household activities associated therewith.

"Person" means any person, firm, partnership, association, corporation, company or organization, which is acting as a group or unit.

"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.

"Refuse" means all components of the solid waste stream including, but not limited to, garbage, rubbish, trash and ashes.

"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.

"Residential container" means a receptacle for the storage of residential refuse which is constructed, maintained and located, as provided in Subsection (4)(a) below.

"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.

"Semi-automated mechanically loaded container" means a receptacle for the storage of refuse which is used as specified under Subsection (4) below.

"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.

"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.

Residential. Except as provided in Paragraph (b) below, residential wastes shall be prepared and stored as follows:

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.

Residential containers shall be constructed, maintained and located as follows:

Multi-family, commercial and manufacturing containers shall be constructed, maintained and located as follows:

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.

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.

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.

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.

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.

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.

"Bi-metal container" means a container for carbonated or malt beverages that is made primarily of a combination of steel and aluminum.

"Container board" means corrugated paperboard used in the manufacture of shipping containers and related products.

"Department" means the Public Works Department.

"Director" means the Director of Public Works or his agents.

"Foam polystyrene packaging" means packaging made primarily from foam polystyrene that satisfies one of the following criteria:

"HDPE" means high-density polyethylene, labeled by the SPI code #2.

"LDPE" means low-density polyethylene, labeled by the SPI code #4.

"Magazines" means magazines and other materials printed on similar paper.

"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.

"Multiple-family dwelling" means a property containing five (5) or more residential units, including those which are occupied seasonally.

"Newspaper" means a newspaper and other materials printed on newsprint.

"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.

"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.

"Other resins or multiple resins" means plastic resins labeled by the SPI code #7.

"Person" means any person, firm, partnership, association, corporation, company or organization acting as a group or unit, as well as an individual.

"PETE" means polyethylene terephthalate, labeled by the SPI code #1.

"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.

"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.

"PP" means polypropylene, labeled by the SPI code #5.

"PS" means polystyrene, labeled by the SPI code #6.

"PVC" means polyvinyl chloride, labeled by the SPI code #3.

"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.

"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.

"Solid waste" has the meaning specified in § 289.01(33) of the Wisconsin Statutes.

"Solid waste facility" has the meaning specified in § 289.01(35) of the Wisconsin Statutes.

"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.

"SPI" means Society of the Plastic Industry.

"Waste tire" means a tire that is no longer suitable for its original purpose because of wear, damage or defect.

"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.

Lead acid batteries.

Major appliances.

Waste oil.

Yard waste.

Aluminum containers.

Bi-metal containers.

Corrugated paper or other container board.

Glass containers.

Magazines.

Newspaper.

Rigid plastic containers made of PETE (#1) and HDPE (#2).

Steel containers.

Waste tires.

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.

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.

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.

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.

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.

Waste oil must be disposed of at an approved waste oil recovery site.

Yard waste shall be managed in accordance with the provisions of Section 7.05 of this Chapter.

Antifreeze shall be disposed of at a drop-off site designed by the Director.

Waste tires may be returned to the retailer or at a drop-off site designated by the Director.

The Director shall promulgate rules governing special collection and/or drop-off services and establish fees based upon the actual costs providing such services.

Provide adequate, separate containers for the recyclable materials.

Notify tenants in writing at the time of renting or leasing the dwelling and at least semi-annually thereafter about the established recycling program.

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.

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.

Provide adequate, separate containers for the recyclable materials.

Notify tenants in writing at the time of renting or leasing the dwelling and at least semi-annually thereafter about the established recycling program.

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.

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.

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.

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.

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.

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.

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.

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.

Penalties for violation of this ordinance may be assessed as follows:

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.

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.

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.

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.

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.

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.

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,

All equipment and utensils used for cutting and processing wild game shall be cleansed before use in connection with other food products.

Definitions.

Intent. It is the intent of the City of West Allis to protect the public against health and safety risks that wild animals pose to the community. By their very nature, wild animals are potentially dangerous and do not adjust well to a captive environment.

Possession of Wild Animals. No person shall possess a wild animal.

Keeping of Ferrets. All domestic ferrets kept or harbored in the City of West Allis shall be vaccinated against rabies in compliance with the Compendium of Animal Rabies Control of the National Association of State Public Health Veterinarians. Upon request by a law enforcement officer or employee of the West Allis Health Department, the person owning or keeping the ferret shall demonstrate proof of vaccination.

Rabbits shall be kept in compliance with the provisions of this subsection. The keeping of more than two (2) adult 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 adults until they have reached the age of five (5) months.

The Health Commissioner may grant exceptions to the number of rabbits allowed in Subsection (2)(a) 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 number of rabbits to be kept; the reason(s) for the request; an informal survey of neighborhood residents; and any other factors the Health Commissioner deems relevant.

Persons to whom an exception is granted are required to obtain a rabbit permit from the Health Department. The cost shall be thirty dollars ($30.) annually, and the permit shall be for one (1) calendar year. An additional fee of fifteen dollars ($15.) shall be paid whenever the annual fee for a renewal is paid on April 1 or later. The cost for a duplicate permit shall be fifteen dollars ($15.). Permits may be revoked or denied renewal for cause. The revocation procedure shall be the same as set forth in Section 7.04(15) of this Code. Any permittee or applicant that requires a reinspection during the licensing year due to the Health Department finding a violation of this section, or state statute or state regulation relating to rabbit health or sanitation, or finding a health nuisance, as defined in Section 7.03 of the Revised Municipal Code, shall pay a first reinspection fee of ten dollars ($10.). Any licensee or applicant that requires a second or subsequent reinspection during the licensing year due to the Health Department finding a violation of this section or state statute or state regulation relating to rabbit health or sanitation, or finding a health nuisance, as defined in Section 7.03 of the Revised Municipal Code shall pay a second or subsequent reinspection fee of fifteen dollars ($15.).

Appeals of the decision of the Health Commissioner shall be submitted in writing to the License and Health Committee of the Common Council within thirty (30) days of notification of the Health Commissioner's decision. The License and Health Committee shall schedule a hearing on the matter within thirty (30) days of receiving the appeal. The hearing shall be conducted as set forth in Wis. Stat. Section 68.11. The License and Health Committee shall issue a written decision within twenty (20) days of completion of the hearing, and a copy of the decision shall be mailed to the appellant. The License and Health Committee's decision shall be the final determination.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Homeless pigeon harborages are hereby declared to constitute a public nuisance.

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.

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.

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.

Definitions. As used in this ordinance, the following terms shall have the following meanings, unless the context clearly indicates a different meaning is intended:

Conditions for Keeping of Pigeons. The keeping, breeding, maintenance and flying of pigeons shall be permitted, on the following conditions:

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 thirty dollars ($30.), 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 fifteen dollars ($15.) shall be paid whenever the annual fee for a renewal is paid on April 1 or later. The cost for a duplicate permit shall be fifteen dollars ($15.). No permit may be issued for any premises upon which three (3) or more dwelling units are located. Any permittee or applicant that requires a reinspection during the licensing year due to the Health Department finding a violation of this section, or state statute or state regulation relating to bird health or sanitation, or finding a health nuisance, as defined in Section 7.03 of the Revised Municipal Code, shall pay a first reinspection fee of ten dollars ($10.). Any licensee or applicant that requires a second or subsequent reinspection during the licensing year due to the Health Department finding a violation of this section or state statute or state regulation relating to bird health or sanitation, or finding a health nuisance, as defined in Section 7.03 of the Revised Municipal Code shall pay a second or subsequent reinspection fee of fifteen dollars ($15.).

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.

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.

Definitions.

The feeding of wild animals is prohibited in the City of West Allis.

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.

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.

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.

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.

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).

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.

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.

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.

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.

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.

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]

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.

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.

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).

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.

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.

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.

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.

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.

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.

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.

All animals shall be maintained in a healthy condition or, if ill, shall be given appropriate treatment immediately.

The quarters in which the animals are kept shall be maintained in a clean condition and good state of repair.

Animal pens or enclosures shall be large enough to provide freedom of movement to the animals contained therein.

Food supplies shall be stored in rodent-proof containers. Food and water containers shall be kept clean.

Litter and/or bedding material shall be changed as often as necessary to prevent odor nuisance.

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.

Yards, pens, premises and animals shall be kept free of insect infestations.

No nuisance caused by odor, noise or animals running at large shall be permitted.

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.

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.

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.

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.

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.

"Apparent attitude of attack" means demonstrating an intent or desire to cause injury by one or more of the following actions:

"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.

"Bodily harm" means physical pain or injury or any impairment of physical condition.

"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.

"Dangerous dog" means any of the following:

"Dog" means a domesticated member of canis familiaris or canis lupis familiaris.

"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.

"Owner" means any person owning, harboring, sheltering or keeping a dog.

"Person" means any individual, firm, corporation or other legal entity.

"Public nuisance" means any dog which:

"Prohibited dangerous dog" means any of the following:

"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.

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.

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.

All owners shall exercise proper care and control of their dogs to prevent them from becoming a public nuisance.

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.

Impoundment.

Any law enforcement officer or duly authorized MADACC employee may enter and inspect private property to enforce the provisions of this section.

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). Officers may take into consideration the dog's size, age, previous incidence of violence, damage caused, and failure of past security measures, among other facts of the investigation, when determining whether to issue an order. 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 fifty dollars ($50) 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.

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.

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.

Dangerous Dogs Regulated.

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.).

Leash and Muzzle.

Confinement.

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.

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.

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.

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.

Waiver.

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.

Euthanasia.

No dog may be declared dangerous:

Unless otherwise noted in this section, all words and phrases have the same meaning as those found in Subsection 7.126(2).

"City Officer" means a City employee working within his or her official capacity.

"Electric Fence" means an electrical system, whether by underground wire or a wireless perimeter, that is designed to keep a pet or other domestic animal within a set of predefined boundaries by using an audible tone, mild electric shock, vibration, and/or similar means, and without the use of an actual physical barrier. An electric fence shall not be sufficient to comport with the requirements of Subsection 7.126(6)(d).

"Public Right-of-Way" means all of the area dedicated to public use existing between property lines adjacent thereto and is intended to include, but not limited to, roadways, streets, parkways, alleys and sidewalks.

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.

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.

Public Swimming Pool. Public swimming pool shall mean any premises or place as defined or classified by Wisconsin Administrative Code, Commerce, Section 90.03.

Health Commissioner. The term Health Commissioner shall mean the Health Commissioner of the City of West Allis or an authorized agent.

The fees for a prelicensing inspection for public pools and water attractions shall be payable prior to issuance of a permit and shall be as follows:

The annual fees for public pools and water attraction permits shall be as follows:

Any public pool or water attraction that requires a reinspection due to the Health Department finding a violation of this section, or state statute or state regulation relating to public pools or water attractions, or finding a health nuisance, as defined in Section 7.03 of the Revised Municipal Code, shall pay a reinspection fee as follows:

Any public pool or water attraction that operates without a permit shall be subject to a fee of seven hundred forty-nine dollars ($749.).

Bacteriological or chemical analysis of water samples exceeds those standards listed in Wisconsin Administrative Code Section ATCP 76.16, or the presence of Pseudomonas aeruginosa, or any other microbiological pathogen capable of transmitting a communicable disease is detected; or

Any imminent health or safety hazard is identified.

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.

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.

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.

Rat Harborage. Rat harborage shall mean any place where rats can live and nest without fear of frequent molestation or disturbance.

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.

Hotel and Motel Annual Fees. All permittees shall pay an annual fee as follows:

Hotel Motel Preinspection Fees. All permittees or permittee applicants shall pay the fee for a prelicensing inspection for a new hotel or motel permit as follows:

Hotel Motel Reinspection Fees. Any hotel or motel permittee that requires a reinspection due to the Health Department finding a violation of this section, state statute or state regulation relating to hotels or motels, or finding a health nuisance, as defined in Section 7.03 of the Revised Municipal Code, shall pay the following fees at the time of reinspection:

Operating without a permit. Any hotel or motel that operates without a permit shall be subject to a fee of seven hundred forty-nine dollars ($749.).

The fee for a prelicensing inspection for a new tourist rooming house permit shall be one hundred dollars ($100.).

The annual fee for a tourist rooming house permit shall be one hundred sixty-five dollars ($165.) and shall be due before July 1. Any renewal permittee who pays its renewal fee on July 1 or later shall be subject to a late fee of one hundred dollars ($100.). The cost for a duplicate permit shall be fifteen dollars ($15.).

Any tourist rooming house permittee that requires a reinspection due to the Health Department finding a violation of this section, or state statute or state regulation relating to tourist rooming houses, or finding a health nuisance, as defined in Section 7.03 of the Revised Municipal Code, shall pay a reinspection fee of one hundred dollars ($100.) for the first reinspection and two hundred dollars ($200.) for the second or subsequent reinspection during the licensing year. All fees are due at the time of reinspection.

Any tourist rooming house that operates without a permit shall be subject to a fee of seven hundred forty-nine dollars ($749.).

The fee for a prelicensing inspection for a new bed-and-breakfast establishment permit shall be three hundred dollars ($300.).

The annual fee for a bed-and-breakfast establishment shall be one hundred sixty-five dollars ($165.) and shall be due before July 1. Any renewal permittee who pays its renewal fee on July 1 or later shall be subject to a late fee of one hundred dollars ($100.). The cost for a duplicate permit shall be fifteen dollars ($15.).

Any bed-and-breakfast establishment permittee that requires a reinspection due to the Health Department finding a violation of this section, or state statute or state regulation relating to bed-and-breakfast establishments, or finding a health nuisance, as defined in Section 7.03 of the Revised Municipal Code, shall pay a reinspection fee of one hundred thirty dollars ($130.) for the first reinspection and one hundred seventy dollars ($170.) for the second or subsequent reinspection during the licensing year. All fees are due at the time of reinspection.

Any bed and breakfast establishment that operates without a permit shall be subject to a fee of seven hundred forty-nine dollars ($749.).

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.

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.

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.

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.

Family. Family shall mean one adult occupant plus one or more persons who are related by blood or marriage to said occupant.

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.

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.

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.

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.

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.

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.

Roomer. Roomer shall mean any person not related by blood or marriage to the operator to whom space is let for sleeping purposes.

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.

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.

Supplied. Supplied shall mean paid for, furnished, provided by or under the control of, the owner or operator.

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.

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.

The annual permit fee for a rooming house with ten (10) rooms or fewer shall be thirty dollars ($30.). The annual permit fee for a rooming house with more than ten (10) rooms shall be forty dollars ($40.). All permits shall expire on December 31. An additional fee of fifteen dollars ($15.) shall be paid whenever the annual fee for a renewal is paid after December 31. The cost of a duplicate permit shall be fifteen dollars ($15.).

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.

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. If the Commissioner or his/her designee discovers a violation of this section or discovers a health nuisance, as defined in Section 7.03 of the Revised Municipal Code, on the premises, the Commissioner or designee may order a reinspection of the premises. The fee for the first reinspection shall be ten dollars ($10.), and the fee for any second or subsequent reinspection during the permit year shall be fifteen dollars ($15.). All reinspection fees shall be assessed to the permittee and shall be paid upon demand from the Health Department. All reinspection fees are due at the time of reinspection.

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.

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.

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.

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.

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.

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.

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.

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.

Continuous illumination of not less than five (5) foot candles, measured at floors, shall be provided in corridors and stairways and at exterior entrances.

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.

Heat in occupied buildings hall be supplied in accordance with Section 7.07 of the Code of the City of West Allis.

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.

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.

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:

Conduct or cause to be conducted a criminal history background check on each roomer applicant and annually on each roomer.

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.

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. The first reinspection of a violation shall result in the Health Department assessing a reinspection fee of twenty-five dollars ($25.) to the public physical conditioning establishment applicant or licensee. The second or subsequent reinspection of a violation shall result in the Health Department assessing a reinspection fee of fifty dollars ($50.) to the public physical conditioning establishment applicant or licensee.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Equipment.

Locker Room Requirements.

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:

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.

Procedure.

Miscellaneous Procedural Matters.

Findings and Recommendations.

Common Council Action.

Surrender of License.

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.

Every applicant procuring a license/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.

The licensee/permittee and/or employees and agents of the licensee/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 licensee/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.

Each licensed/permitted premises shall be conducted in an orderly manner, and no disorderly, riotous, or indecent conduct shall be allowed at any time on any licensed/permitted premises.

The licensee/permittee shall comply with all other provisions of this chapter and all other ordinances of the City of West Allis and the laws of the State of Wisconsin.

"Groundwater" means all water found beneath the surface of the City of West Allis located in sand, gravel, lime, rock or sandstone, geological formations, or any combinations of these formations.

"Human Health Hazard" means a substance, activity or condition that is known to have the potential to cause acute or chronic illness, infectious disease, or death if exposure to the substance, activity or condition is not abated.

"Imminent Health Hazard" means a condition that exists or has the potential to exist which should, in the opinion of the Health Commissioner or designee, be abated or corrected immediately, or at least within a twenty-four-hour period, to prevent possible severe damage to human health and/or the environment.

"Person" means any individual, firm, corporation, partnership, or other organization.

"Pollution" means the contaminating or rendering unclean or impure the air, land, or waters of the City of West Allis, or making the same injurious to public health, harmful for commercial or recreational use, or deleterious to fish, bird, animal, or plant life.

"Stagnant water" means any water that is not continuously in movement by natural or mechanical means that remains in its same location for more than three days.

"Wastewater" means water contaminated by waste materials, urine, feces, toilet paper, other human bodily fluids, water from washing or cleaning, or any other material intended to be deposited in a receptor of human waste, industrial waste, sludge, sewage or any combination thereof.

Air Pollution. The escape of excessive smoke, soot, cinders, acids, fumes, gases, fly ash, industrial dust, or other atmosphere pollutants that endanger human health or create noncompliance with applicable state or federal regulations.

Waste. Accumulations of decayed animal or vegetable matter, trash, rubbish, garbage, or bird, animal, or human fecal matter that is not stored in a rodent, animal, and insect-proof container.

Holes and Openings. Any hole or opening caused by an improperly abandoned cistern, septic tank, or well; or any improperly abandoned, barricaded, or covered up excavation.

Unburied Carcasses. Carcasses of animals, birds, or fish not intended for human consumption or food, which are not buried or otherwise disposed of in a sanitary manner within 48 hours after death.

Breeding Places. Stagnant water, rotting lumber, bedding, packing material, scrap metal, or any material or substance in which flies, mosquitos, or disease-carrying insects, rats or other vermin can breed, live, nest or seek shelter.

Solid Waste. Any solid waste, as defined in Wisconsin Statutes Section 289.01(33), which is stored or disposed of in noncompliance with Chapter NR 500 of the Wisconsin Administrative Code.

Toxic and Hazardous Materials. Any chemical and/or biological material that is stored, used, or disposed of in such quantity or manner that is or has the potential to create a health hazard.

Groundwater Pollution. Addition of any chemical and/or biological substance that would cause groundwater to be unpalatable or unfit for human consumption. These substances include but are not limited to the chemical and/or biological substances listed in Chapter NR 809 of the Administrative Code titled "Safe Drinking Water."

Private Water Supply. Any private well that is constructed, abandoned or used and/or any pump installed in non-compliance with Chapter NR 812 of the Wisconsin Administrative Code.

Noxious Odors. Any use of property, substance or device that emits or causes any foul, offensive, noxious, or disagreeable odor deemed repulsive to the physical senses of ordinary persons or to the public as a whole.

Wastewater. The presence of wastewater or sewage effluent from buildings on any exposed ground surface, caused by a damaged, malfunctioning, improperly constructed or inadequately maintained private sewage system or private sewage lateral; also any wastewater or sewage effluent that is not handled and disposed of in compliance with all applicable county and state codes.

Nonfunctioning and maintenance of building fixtures, including nonfunctioning water supply systems, toilets, urinals, lavatories or other fixtures considered necessary to ensure a sanitary condition in a public building; any public restroom which is soiled by human waste or other waste and maintained in a filthy and/or unclean manner.

Unhealthy or Unsanitary Condition. Any condition or situation which renders a structure or any part thereof unsanitary, unhealthy, and unfit for human habitation, occupancy, or use or renders any property unsanitary or unhealthy.

Surface Water Pollution. The pollution of any stream, lake or other body of surface water within the City of West Allis that creates noncompliance with Chapters NR 102 and NR 103 of the Wisconsin Administrative Code.

One which is so damaged, decayed, dilapidated, unsanitary, unsafe, or vermin infested that it creates a serious hazard to the health or safety of the occupants or of the public.

One which lacks sanitation facilities adequate to protect the health or safety of the occupants or of the public.

One which, because of its general condition or location, is unsanitary or otherwise dangerous to the health or safety of the occupants or of the public.

One which has been implicated as the source of a confirmed case of asbestosis.

One which has been confirmed to be a lead hazard, as defined in Wisconsin Statutes Section 254.11(8g); is the residence of an individual with a confirmed case of lead poisoning, as defined in Wisconsin Statutes Section 254.11(9); and is unlikely to have the lead hazard be adequately and safely temporarily contained, in the opinion of the inspector, until lead hazard abatement occurs.

One which lacks potable water or a properly functioning septic system or well or an adequate and functioning heating system.

No person shall continue to occupy, rent, or lease a dwelling, dwelling unit, building, or section of a building for human habitation or occupancy which are declared unfit for human habitation or occupancy by the Health Commissioner or designee.

Any dwelling, dwelling unit, building, or section of a building condemned as unfit for human habitation or occupancy, and so designated and marked by the Health Commissioner or designee, shall be vacated within a reasonable time, as specified by the Health Commissioner or designee.

No dwelling, dwelling unit, building, or section of a building which has been condemned and marked as unfit for human habitation or occupancy shall again be used for human habitation until written approval is secured from and such placard is removed by the Health Commissioner or designee. The Health Commissioner or designee shall remove such placard whenever the defect or defects upon which the condemnation and placarding were based have been eliminated.

No person shall deface or remove the Health Commissioner's placard from any dwelling, dwelling unit, building, or section of a building which has been condemned as unfit for human habitation or occupancy.

No person shall enter or remain in a dwelling, dwelling unit, building, or section of a building that has been condemned and placarded as unfit for human habitation without the written permission of the Health Commissioner or designee. Any person granted permission shall comply with the permission conditions.

For the purposes of this section, pursuant to Wisconsin Statutes Section 68.16, the City of West Allis is specifically electing not to be governed by Chapter 68 of the Wisconsin Statutes.

The owner or occupant of the property determined to be or containing a human health hazard may request a hearing before the Board of Health within seven (7) days of receiving the mailed abatement order. Any request shall be written, shall be filed at the West Allis Health Department, shall explain why the property is not or does not contain a human health hazard, and shall include any evidence that the property owner or occupant wishes to submit in support of the request. Upon receipt of the hearing request, the matter shall be placed on the agenda for the Board of Health to review within thirty (30) days. The appellant shall receive notice of the date, time, and place of the Board of Health meeting by first-class mail at least ten (10) days prior to the date of the meeting. The notice shall also include a notification to the appellant of an opportunity to be heard, respond to, and challenge the abatement order; present and cross-examine witnesses under oath; and be represented by counsel of the appellant's choice and at the appellant's expense.

If the appellant fails to appear at the Board of Health meeting, or if the appellant appears at the Board of Health meeting but no longer wishes to pursue the appeal, the appeal shall be dismissed, and the Health Commissioner or designee may enforce the abatement order. If the appellant appears at the Board of Health meeting and wishes to contest the abatement order, an evidentiary hearing shall be scheduled.

If the matter proceeds to hearing before the Board, the following procedures shall apply:

At all stages of the proceedings, the following procedures shall apply:

At the close of the hearing, the Board shall deliberate and reach a decision whether to uphold the determination that the property is a human health hazard. The appellant shall be notified in writing of the Board's determination. If the Board upholds the determination that the property is a human health hazard, the property owner or occupant shall comply with the abatement order. If the appellant further contests the determination, the appellant may seek review of the decision with the circuit court within thirty (30) days of the mailing date of the written determination.

If a property owner or occupant does not file a timely written request for a hearing with the Board of Health, the owner or occupant waives the right to assert that the property did not meet the criteria for abatement under this section.

If the Health Commissioner or designee determines that an imminent human health hazard exists within the City and that great and immediate danger exists to the public health and safety, the Commissioner or designee may, without notice or hearing, issue an order reciting the existence of an imminent human health hazard constituting imminent danger to the public and requiring immediate action be taken, as s/he deems necessary, to abate the hazard. Notwithstanding any other provisions of this subsection, the order shall be effective immediately. Any person to whom such order is directed shall comply with the order immediately. Such order shall be posted on the property and mailed, by registered mail with return receipt requested, to the owner and/or occupant. In lieu of mailing, the owner and/or occupant may be personally served with the order.

Whenever the owner and/or occupant shall refuse or neglect to remove or abate the condition meeting the criteria set forth in Subsection (12)(a), above, and described in the order, the Commissioner or designee shall, in his/her discretion, or a person working on the City's behalf shall enter upon the premises and cause the nuisance to be removed or abated. The City shall recover the expenses incurred thereby from the owner or occupant of the premises or from the person who has caused or permitted the nuisance by billing the owner, occupant or person who has caused or permitted the nuisance and placing the expenses on the property tax roll if said expenses are not paid within thirty (30) days, pursuant to Wisconsin Statutes Section 66.0627.

Whereas, the City of West Allis finds that the City's water resources are a natural asset, which enhance the environmental, recreational, cultural and economic resources of the area and contribute to the general health and welfare of the public; and

Whereas, the City finds that polycyclic aromatic hydrocarbons (PAHs), which are contained in coal tar sealants and other high PAHs sealants, volatilize off sealed pavement and can be inhaled by humans and animals; are broken down by sunlight and abraded by vehicle and foot traffic; can be carried off of sealed pavement as small particles by that same traffic and transported into homes and onto nearby soils; and can be carried by stormwater and other runoff into the water resources of the City; and

Whereas, PAHs are an environmental concern because they are toxic to aquatic life, resulting in a loss of species and a lower number of organisms; and

Whereas, PAH compounds have been proven to be carcinogenic, mutagenic, and teratogenic to humans according to the International Agency for Research on Cancer; individuals with lifelong exposure to coal tar sealcoat treated pavements and playgrounds have a thirty-eight-fold higher risk of cancer; and the American Medical Association therefore advocates for legislation to ban the use of pavement sealcoats that contain PAHs or require use of sealcoat products that contain minimal PAH; and

Whereas, environmental impacts and human health risks can be minimized and pavements can be maintained by utilizing alternative products or methods, absent PAHs; and

Whereas, the following studies support the City's findings with regard to PAHs:

Whereas, the City also finds based on said studies that regulating the amount of contaminants, including PAHs contained in coal tar sealant products and other high PAH sealant products, entering the water resources of the City will improve and protect public health and the water quality of the City and neighboring water resources;

Now, therefore, the Common Council of the City of West Allis do ordain as follows:

COAL TAR is a by-product of the process used to refine coal. Coal tar contains high levels of PAHs.

COAL TAR SEALANT PRODUCT means a pavement sealant product that contains coal tar, coal tar pitch, coal tar pitch volatiles, RT-12, Refined Tar or any variation assigned the Chemical Abstracts Service (CAS) Numbers 65996-92-1, 65996-93-2, 65996-89-6, or 8007-45-2 or related substances.

HIGH PAH SEALANT PRODUCT means any pavement sealant product that contains greater than 0.1% PAHs by weight, including, but not limited to, coal tar sealant products and sealant products containing steam-cracked petroleum residues, steam-cracked asphalt, pyrolysis fuel oil, heavy fuel oil, ethylene tar, or any variation of those substances assigned the Chemical Abstracts Service Number 64742-90-1, 69013-21-4 or related substances.

PAVEMENT SEALANT PRODUCT, or sealcoat, is any substance that is typically applied on paved surfaces to protect the surfaces. This may include but is not limited to sealant products that are coal tar or asphalt based.

POLYCYCLIC AROMATIC HYDROCARBONS (PAHs) are a group of organic chemicals that are formed during the incomplete combustion of coal, oil, gas, or other organic substances, are present at high levels in coal tar, and are known to be harmful to humans, fish, and other aquatic life.

DIRECTOR means the Health Commissioner of Health Department.

Except as provided in Subsection (5), no person shall apply any coal tar sealant product or high PAH sealant product within the City.

No person shall sell, offer to sell, or display for sale any coal tar sealant product or high PAH sealant product within the City.

No person shall allow a coal tar sealant product or other high PAH sealant product to be applied upon property that is under that person's ownership or control.

No person shall contract with any commercial applicator, residential or commercial developer, or any other person for the application of any coat tar sealant product or high PAH sealant product to any driveway, parking lot, or other surface within the City.

No commercial applicator, residential or commercial developer, or other similar individual or organization shall direct any employee, independent contractor, volunteer, or other person to apply any coal tar sealant product or high PAH sealant product to any driveway, parking lot, or other surface within the City.

Any person who violates this section shall be subjected to forfeiture not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).

Each day that a violation occurs or continues is a separate offense and subject to an additional fine. Each incidence of a violation shall constitute a separate offense. Upon default of payment, the violator shall be subject to imprisonment in the Milwaukee House of Correction or Milwaukee County Jail until payment of such forfeiture and costs are paid but not in excess of the number of days set forth in Section 800.095(1)(b)1 of the Wisconsin Statutes.