Editor's note(s)—Ord. No. O-16-38, passed November 1, 2016, repealed § 20.01 and enacted a new § 20.01 as set out herein. Former § 20.01 pertained to similar subject matter and derived from Ord. O-94-71, passed December 20, 1994.
(Repealed by Ord. O-99-1 § 1, 1998).
The terms of office of the Mayor and Alderperson are hereby fixed at four years.
A. all aldermanic positions which are to be regularly elected at the general election of April, 2024 shall be elected for a term of two (2) years.
B. Effective with the positions elected at the general election of April. 2026, the citizens of Wauwatosa shall be represented at the Common Council by one (1) alderperson per aldermanic district in twelve (12) aldermanic districts. Each aldermanic district shall be composed of two wards as more specifically defined in the Wauwatosa Municipal Code of Ordinances.
C. At the general election of April 2026, one aldermanic position for each aldermanic district shall be elected. Aldermanic positions in the first (1st), third (3rd), fifth (5th), seventh (7th), ninth (9th), and eleventh (11th) districts which are elected at the general election of April , 2026, shall be elected at that election only for a term of two (2) years, and shall revert to four year terms for subsequent elections beginning with the general election of April, 2028. The other aldermanic positions elected at the April, 2026, election shall be elected for four-year terms.
Editor's note(s)—Effective April 21, 2026
(Published September 28, 1967)
(Amended by § 1 of Ord. O-02-1, passed January 15, 2002).
(Repealed by Ord. O-04-20 § 1, 2004).
Footnote: The foregoing charter ordinances are here coded as amended. Dates and amendments should be examined in the event of questions.
Beginning with the general election in April, 2026, an notwithstanding any other provision of law to the contrary, no person shall be eligible to be nominated, elected or to serve in the office of Alderperson if that person shall previously have held such office for two or more full consecutive four-year terms, unless one full term or more has elapsed since that person last held such office. For the purpose of this section, a term shall be deemed full if a person has served at least half of the time allotted for the term. Service prior to the passage of this section shall not count in determining length of service.
For the purpose of guiding and accomplishing a co-coordinated, adjusted and harmonious development of the City of Wauwatosa which will, in accordance with existing and future needs, best promote the public health, safety, morals, order, convenience, prosperity or the general welfare, as well as efficiency and economy in the process of development, there is hereby created The Master Plan for the City of Wauwatosa, pursuant to Section 62.23(3) of the Wisconsin Statutes. (Published October 13, 1966)
Any change in zoning from any class of zoning district to any multiple residence district in the City of Wauwatosa shall, in addition to other statutory and code provisions, require a vote of at least three-fourths of the members of the Common Council. (Effective December 1, 1971).
(Repealed by Ord. O-07-25 § 1, 2007).
The history of amendments is as follows:
Original Civil Service ordinance adopted June 2, 1936, effective August 3, 1936.
Amendment relating to payrolls, leaves of absence, and classifications adopted March 2, 1937, effective May 3, 1937, latest amendment December 3, 1957.
Amendment including the City Comptroller in the classified service adopted January 18, 1938, effective March 21, 1938.
Amendment eliminating necessity of City Clerk to furnish help and supplies adopted February 1, 1938, effective April 4, 1938.
Sentence providing that new positions should not be considered properly created unless approved by the Civil Service Commission repealed December 5, 1939, effective February 12, 1940.
Amendment to include Board of Education and excluding application of Section 40.53(9), (10), and (16) of the Statutes insofar as conflicting with civil service adopted January 16, 1940, effective March 25, 1940.
Amendment including the City Engineer in the classified service adopted May 21, 1940, effective July 28, 1940.
Amendment providing for inclusion after 4 years adopted May 21, 1940, effective July 28, 1940. (This does not apply to Board of Education—see Section 20.02(2).)
Amendment excluding the Board of Education from payroll, leave of absence, and classification provisions of the ordinance passed March 2, 1937, passed December 16, 1941, effective February 23, 1942.
Amendment providing for vacations after 1 year and providing military leaves adopted September 1, 1942, effective November 9, 1942.
Amendment creating the position of Director of Public Service adopted July 18, 1944, effective October 2, 1955.
Amendment placing the office of Assessor under Civil Service adopted December 5, 1944, effective February 12, 1945.
Amendment fixing the probationary period of assessor adopted January 30, 1945, effective April 2, 1945.
Amendment fixing the probationary period of assistant assessor adopted February 20, 1945, effective May 1, 1945.
Amendment granting regulation of leave of absence adopted March 20, 1945 effective May 21, 1945.
Amendment relating to creating the position of Examiner for Civil Service Commission adopted November 18, 1947 effective January 18, 1948.
Amendment placing the office of City Clerk under Civil Service adopted January 20, 1948, effective March 24, 1948.
Amendment to provide for demotion by consent adopted June 21, 1949, effective August 20, 1949.
Amendment to provide for change in the terms of elected officials adopted October 3, 1950, effective December 5, 1950.
Amendment to provide for primary elections in the City of Wauwatosa, adopted October 3, 1950 effective December 5, 1950.
Amendment to provide for the establishment of a Civil Defense and Civil Disaster Relief Commission and granting executive powers with respect thereto adopted March 20, 1951, effective May 28, 1951.
Amendment to provide for leave of absence with pay for employees in classified service during training period who are in the reserves of any armed forces adopted November 6, 1951, effective January 7, 1952.
Amendment to provide for 3 weeks vacation for all employees who have been employed 15 consecutive years or 20 years if not consecutive, adopted June 17, 1952, effective August 18, 1952.
Amendment creating the position of Personnel Agent adopted February 19, 1952, effective April 21, 1952.
Amendment relating to Civil Defense Streets and granting certain powers with reference thereto adopted July 7, 1953, effective September 7, l953.
Amendment providing terms of office of Aldermen in the 6th, 7th, 8th Wards adopted September 20, 1955, effective November 20, 1955.
Amendment providing for terms of office of members of the Board of Education adopted October 18, l955, effective December 20, 1955.
Amendment providing for leave of absence with partial pay for absence from work due to injury or illness compensable under the workmen's compensation law of the state, adopted July 3, 1956, effective September 3, 1956.
Amendment to increase the number of years accumulation of sick leave adopted December 18, 1956, effective February 25, 1957.
Amendment providing that the provisions of Section 167.10 (11) of the Wisconsin Statutes relating to the sale and use of sparklers shall not apply to the City of Wauwatosa and amending Section 9.04(1) of the Code of the City of Wauwatosa prohibiting the sale, purchase, and use of sparklers except by public authorities, private persons, or organizations as provided for in subsections (2) and (3) of Section 9.04 of the Code, adopted August 6, 1957, effective October 6, 1957.
Amendment providing for a referendum on the question of issuing general obligation bonds or general obligation notes in any amount exceeding $250,000, adopted June 17, 1958, effective August 17, 1958.
Amendment providing that regular salaried employees when on jury duty shall receive compensation equal to the difference between their regular salaries and the amount received for jury duty, adopted December 16, 1958, effective February 16, 1959.
Amendment providing for vacation pay for employees whose services with the City are terminated by reason of compulsory retirement, adopted December 16, 1958, effective February 16, 1959.
Amendment providing that the City Comptroller shall also act as Director of Finance and in connection therewith perform certain duties herein specified, adopted January 20, 1959, effective March 20, 1959.
Amendment to include the position of Assistant City Attorney in the unclassified service, adopted September 1, 1959, effective November 1, 1959.
Amendment to include the position of Health Commissioner in the classified service, adopted October 18, 1960, effective December 1, 1960.
Amendment providing for the inclusion of the position of City Treasurer in the classified service, effective August 20, 1963.
Amendment providing that payrolls for the classified service shall be certified as correct by the Personnel Agent or a member of the Civil Service Commission, effective February 5, 1964.
Amendment to increase the number of Civil Service Commissioners from 3 to 5, effective August 11, 1964.
Amendment to increase the number of days of leave of absence for classified employees from 2 weeks to 2-2/5 weeks annually and from 15 to 18 weeks accumulative, effective January 1, 1965.
Amendment providing for the inclusion of the position of Personnel Agent in the classified service, adopted June 21, 1966, effective August 30, 1966.
Amendment adding a new section providing for The Master Plan for the City of Wauwatosa, adopted October 4, 1966, effective December 4, 1966.
Amendment providing for written approval of zoning change by both Aldermen of Ward and by a three-fourths vote in lieu of a majority vote, to be in effect until a Master Plan has been adopted or rejected, effective March 13, 1967.
Amendment changing the amount of issuance of general obligation bonds or general obligation notes from $250,000 to $500,000 before a referendum shall be required for such issuance, effective April 5, 1967.
Amendment adding a new section establishing the position of City Attorney as a full-time position under the unclassified service and providing for the appointment of the City Attorney by the Mayor, subject to confirmation by the Common Council, adopted September 20, 1967, approved by referendum, April 2, 1968.
Amendment providing for Land Conservation and setting forth procedures for acquisition, demolition or removal of properties and/or structures. Effective September 9, 1968.
An amendment providing for a probationary period for newly hired employees and for employees promoted and appointed to higher classifications, and also setting forth a procedure for promotion and appointment to positions represented by the bargaining unit of Local No. 305. (Effective January 1, 1969).
Amendment to increase the number of days of annual sick leave from 24 weeks to 28-4/5 weeks and from 120 days to 144 days, accumulative, effective January 1, 1971.
Amendment to provide for approval of zoning change by three-fourths vote of Common Council, effective December 1, 1971.
Ord. 72-17 amending § 20.01(14)(j) clarifying the military leave of absence allowances to be paid. (Adopted September 19, 1972).
Ord. 72-18 amending § 20.01(14)(h) extending the length of cumulative sick leave. (Adopted September 19, 1972).
Ord. O-74-101 amending § 20.13 limiting the total amount of general obligation bonds and notes in any calendar year.
Ord. O-75-146 repealing § 20.04 to dispense with the office of the city engineer.
O-76-25, repealing and replacing § 20.01(2), (4), (6) and (7); repeals, recreates and renumbers (13) and (14); and renumbers (11) and (12); repeals (5)(f), (10), (15) and (16), civil service.
O-80-62, amending §§ 20.09(12) and 20.10(2) designating penalties. (Adopted July 15, 1980).
O-87-51, amending § 20.13, limitations on bonds and notes issued without referendum approval. (Adopted October 20, 1987).
O-87-61, amending § 20.13, limitations on bonds and notes issued without referendum approval. (Adopted November 17, 1987).
O-93-88, amending § 20.13, bonds and notes.
O-94-71, amending §§ 20.01 and 20.02. (Adopted December 20, 1994).
O-98-41, repealing and replacing § 20.13, bonds and notes.
O-98-42, repealing and replacing the second paragraph of § 20.13, bonds and notes. (Adopted December 1, 1998).
O-99-01, repeals § 20.02. (Adopted January 5, 1999).
O-99-02, repealing and replacing § 20.01(7), civil service. (Adopted January 5, 1999).
O-99-32, repealing and replacing § 20.01(5), civil service. (Adopted December 7, 1999).
O-01-5, repealing and replacing § 20.01(7), civil service. (Adopted February 20, 2001).
O-02-1, amends §§ 20.03(2), 20.05(1), 20.06(1), 20.072(1) and 20.073(1), Wisconsin statutes. (Adopted January 15, 2002).
O-02-39, amending § 20.13, bonds and notes. (Adopted December 17, 2002).
O-03-10, amending § 20.01(5), civil service. (Adopted April 15, 2003).
O-04-20, repeals § 20.073. (Adopted September 8, 2004).
O-07-25, repeals § 20.13. (Adopted December 4, 2007).
Pursuant to the provisions of Section 66.0103 of the Wisconsin Statutes, there is adopted the "Wauwatosa Municipal Code" as published by Book Publishing Company, Seattle, Washington.
(Ord. 73-90 § 1, 1973; Ord. O-02-1 § 1 (part), 2002)
This code shall be known as the "Wauwatosa Municipal Code" and it shall be sufficient to refer to said code as the "Wauwatosa Municipal Code" in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. It shall be sufficient to designate any ordinance adding to, amending, correcting or repealing all or any part or portion thereof as an addition to, amendment to, correction or repeal of the "Wauwatosa Municipal Code." Further, reference may be had to the titles, chapters, sections and subsections of the "Wauwatosa Municipal Code" and such reference shall apply to that numbered title, chapter, section or subsection as it appears in the code.
(Ord. 73-90 § 2, 1973)
This code consists of all the regulatory and penal ordinances and certain of the administrative ordinances of the city of Wauwatosa, Wisconsin codified pursuant to the provisions of Section 66.0103 of the Wisconsin Statutes.
(Ord. 73-90 § 3, 1973; Ord. O-02-1 § 1 (part), 2002)
Whenever a reference is made to this code as the "Wauwatosa Municipal Code" or to any portion thereof, or to any ordinance of the city of Wauwatosa, Wisconsin, the reference shall apply to all amendments, corrections and additions heretofore, now or hereafter made.
(Ord. 73-90 § 4, 1973)
Title, chapter and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any title, chapter or section hereof.
(Ord. 73-90 § 5, 1973)
The provisions of this code shall not in any manner affect matters of record which refer to, or are otherwise connected with, ordinances which are therein specifically designated by number or otherwise and which are included within the code; but such reference shall be construed to apply to the corresponding provisions contained within this code.
(Ord. 73-90 § 6, 1973)
Neither the adoption of this code nor the repeal or amendments hereby of any ordinance or part or portion of any ordinance of the city shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to June 14, 1973, nor be construed as a waiver of any license, fee, or penalty on June 14, 1973 due and unpaid under such ordinances, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license, fee, or penalty, or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect.
(Ord. 73-90 § 7, 1973)
This code shall become effective on June 14, 1973, the date the ordinance adopting this code as the "Wauwatosa Municipal Code" became effective.
(Ord. 73-90 § 8, 1973)
If any section, subsection, sentence, clause or phrase of this code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this code. The council hereby declares that it would have passed this code, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional, and if for any reason this code should be declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect.
(Ord. 73-90 § 9, 1973)
The polls at all elections held in the city of Wauwatosa shall be opened at seven a.m. in the morning and closed at eight p.m. in the evening of the day of each election.
(Prior code § 15.01; Ord. O-01-23 § 1 (part))
(Prior code § 15.02; Ord. O-01-23 § 1 (part); Ord. O-08-23 § 1, 2008)
Pursuant to Sections 7.53(2m) and 7.52 of the Wisconsin Statutes, the common council of the city of Wauwatosa hereby creates a municipal board of absentee canvassers and authorizes the centralized counting of absentee ballots on election days as follows:
The first aldermanic district shall consist of all that territory contained within wards 1 and 5 of in the city of Wauwatosa, Milwaukee County, as shown in the attached map of the city of Wauwatosa and more particularly described below:
A. Ward 1: That territory contained within the following areas in the city of Wauwatosa, Milwaukee County, as defined by the U.S. Bureau of the Census in conjunction with the 2020 decennial census: Census Block ID: 550790909002000, 550790909002001, 550790909002002,550790909002003,550790909002004,550790909002005, 550790909002006,550790909002007,550790909002008,550790909004011, 550790909004012,550790909004013,550790909004014,550790909004015, 550790909004016,550790909004017,550790909004018,550790909004019, 550790911003000,5507909110030001,550790911003002,550790911003003, 550790911003004,550790911003005,550790911003006,550790911003007, 550790911003008,550790911003009,550790911003010,550790911003011
B. Ward 5: That territory contained within the following areas in the city of Wauwatosa, Milwaukee County, as defined by the U.S. Bureau of the Census in conjunction with the 2020 decennial census: Census Block ID: 550790907002017, 550790908003006, 550790908003007.550790909003009,550790911002000,550790911002001, 550790911002002,550790911002003,550790911002007,550790911002008, 550790911002009,550790911002011,550790911002012,550790911002013, 550790911004000,550790911004001,550790911004003,550790911004004, 550790911004005,550790911004006,550790911004007,550790911004008, 550790911004009,550790911004010,550790911004011,550790911004012, 550790911004013,550790912003002,550790912003003
(Ord. O-11-14, § I, 11-1-2011)
Editor's note(s)—Ord. O-23-1, pt. I, adopted January 17, 2023, re-draws the Aldermanic districts citywide in a manner which will create twelve aldermanic districts in place of the current eight Aldermanic districts shown in current §§ 1.04.030 through 1.04.105, to be effective following the Spring election in April, 2026. A map and detailed descriptions of each of the new aldermanic district boundaries is included in Ord. O-23-1.
The second aldermanic district shall consist of all that territory contained within wards 2A, 2B and 3 in the city of Wauwatosa, Milwaukee County, as shown in the attached map of the city of Wauwatosa and more particularly described below:
A. Ward 2A: That territory contained within the following areas in the city of Wauwatosa, Milwaukee County, as defined by the U.S. Bureau of the Census in conjunction with the 2020 decennial census: Census Block ID: 550790909001000, 550790909001001, 550790909001002,550790909001003, 550790909001004,550790909001005, 550790909001006,550790909001007,550790909001008,550790909001009, 550790909001010,550790909001011,550790911001000,550790911001001, 550790911001002, 550790911001003,550790911001004,550790911001005, 550790911001006,550790911001007,550790911001008,550790911001009, 550790911001010,550790911001011,550790911001012,550790911003019, 550790911003020,550790911003021
B. Ward 2B: That territory contained within the following areas in the city of Wauwatosa, Milwaukee County, as defined by the U.S. Bureau of the Census in conjunction with the 2020 decennial census: Census Block ID: 550790912001000, 550790912001001
C. Ward 3: That territory contained within the following areas in the city of Wauwatosa, Milwaukee County, as defined by the U.S. Bureau of the Census in conjunction with the 2020 decennial census: Census Block ID: 550790912001002, 550790912001003, 550790912001004,550790912001005,550790912001006,550790912001007, 550790912001008,550790912001009,550790912001010,55079091200103, 550790912001014.
(Ord. O-11-14, § I, 11-1-2011)
Editor's note(s)—Ord. O-23-1, pt. I, adopted January 17, 2023, re-draws the Aldermanic districts citywide in a manner which will create twelve aldermanic districts in place of the current eight Aldermanic districts shown in current §§ 1.04.030 through 1.04.105, to be effective following the Spring election in April, 2026. A map and detailed descriptions of each of the new aldermanic district boundaries is included in Ord. O-23-1.
The third aldermanic district shall consist of all that territory contained within wards 10 and 11 in the city of Wauwatosa, Milwaukee County, as shown in the attached map of the city of Wauwatosa and more particularly described below:
A. Ward 10: That territory contained with the following areas in the city of Wauwatosa, Milwaukee County, as defined by the U.S. Bureau of the Census in conjunction with the 2020 decennial census: Census Block ID: 550790912001011, 550790912001012, 550790912002010,550790912002011,550790913001000,550790913001005, 550790913001014,550790913001015,550790914001000,550790914001001, 550790914001002,550790914001003,550790914001004,550790914001005, 550790914001006,550790914001007,550790914001008,550790914001009, 550790914001010,550790914001011,550790914001012,550790914001013, 550790914001014,550790914001015,550790914001016,550790914001017, 550790914001018,550790914001019,550790914001020,550790914002000, 550790914002001,550790914002002. 550790914002002,550790914002008, 550790914002009, 550790914002015,550790914002016
B. Ward 11: That territory contained with the following areas in the city of Wauwatosa, Milwaukee County, as defined by the U.S. Bureau of the Census in conjunction with the 2020 decennial census: Census Block ID: 550790913001001 , 550790913001002, 550790913001003,550790913001004,550790913001006,550790913001007, 550790913001008,550790913001009,550790913001010,550790913001011, 550790913001012,550790913001013,550790913001016,550790913002003, 550790913002004,550790913002005,550790913002006,550790913002007, 550790913002008,550790913002009,550790913002010,550790913002011, 550790913002012,550790913002013,550790913002014,550790913002015, 550790913002016,550790913002017,550790913002018,550790913002019, 550790913002020,550790913002021,550790913002022,550790913003000, 550790913003009,550790913003010,550790913003011,550790913003012, 550790913003013
(Ord. O-11-14, § I, 11-1-2011)
Editor's note(s)—Ord. O-23-1, pt. I, adopted January 17, 2023, re-draws the Aldermanic districts citywide in a manner which will create twelve aldermanic districts in place of the current eight Aldermanic districts shown in current §§ 1.04.030 through 1.04.105, to be effective following the Spring election in April, 2026. A map and detailed descriptions of each of the new aldermanic district boundaries is included in Ord. O-23-1.
The fourth aldermanic district shall consist of all that territory contained within wards 4A, 4B, 6A and 6B in the city of Wauwatosa, Milwaukee County, as shown in the attached map of the city of Wauwatosa and more particularly described below:
A. Ward 4A: That territory contained within the following areas in the city of Wauwatosa, Milwaukee County, as defined by the U.S. Bureau of the Census in conjunction with the 2020 decennial census: Census Block ID: 550790912002000, 550790912002001, 550790912002002,550790912002005,550790912002006,550790912002007, 550790912002009,550790912003000,550790912003008,550790912003009, 550790912003010,550790912003011
B. Ward 4B: That territory contained within the following areas in the city of Wauwatosa, Milwaukee County, as defined by the U.S. Bureau of the Census in conjunction with the 2020 decennial census: Census Block ID: 550790911003012, 550790911003013, 550790911003014,550790911003015,550790911003016,550790911003017, 550790911003018,550790911003022,550790911003023,550790911003024, 550790912003001
C. Ward 6A: That territory contained within the following areas in the city of Wauwatosa, Milwaukee County, as defined by the U.S. Bureau of the Census in conjunction with the 2020 decennial census: Census Block ID: 550790907002016, 550790907002019, 550790907002020,550790912003004,550790912003005,550790912003006, 550790912004001,550790912004003,550791853001025,550791853001026, 550791853001027,550791853001028,550791853001029
D. Ward 6B: That territory contained within the following areas in the city of Wauwatosa, Milwaukee County, as defined by the U.S. Bureau of the Census in conjunction with the 2020 decennial census: Census Block ID: 550790912002003, 550790912002004, 550790912002008,550790912003007,550790912004000, 550790912004002,550790912004005,550790912004010,50790913002000, 550790913002001,550790913002002,550790914002003,550790914002004, 550790914002005,550790914002006,550790914002007,550790914002010, 550790914002011,550790914002012,550790914002013,550790914002014, 550790914002017,550790914002018
(Ord. O-11-14, § I, 11-1-2011)
Editor's note(s)—Ord. O-23-1, pt. I, adopted January 17, 2023, re-draws the Aldermanic districts citywide in a manner which will create twelve aldermanic districts in place of the current eight Aldermanic districts shown in current §§ 1.04.030 through 1.04.105, to be effective following the Spring election in April, 2026. A map and detailed descriptions of each of the new aldermanic district boundaries is included in Ord. O-23-1.
The fifth aldermanic district shall consist of all that territory contained within wards 13 and 14 in the city of Wauwatosa, Milwaukee County, as shown in the attached map of the city of Wauwatosa and more particularly described below:
A. Ward 13: That territory contained with the following areas in the city of Wauwatosa, Milwaukee County, as defined by the U.S. Bureau of the Census in conjunction with the 2020 decennial census: Census Block ID: 550790910001000, 550790910001001, 550790910001002,550790910001003,550790910001004,550790910001005, 550790910001006,550790910001007,550790910001008,550790910001009, 550790910001010,550790910001011,550790910002000,550790910002001, 550790910002002,550790910002003,550790910002004,550790910002005, 550790910002006,550790910002007,550790910002008,550790910002009, 550790910002010,550790910002011,550790910003000,550790910003001, 550790910003004,550790910003005,550790910003008
B. Ward 14: That territory contained with the following areas in the city of Wauwatosa, Milwaukee County, as defined by the U.S. Bureau of the Census in conjunction with the 2020 decennial census: Census Block ID: 550790910003002, 550790910003003, 550790910003006,550790910003007,550790910004000,550790910004001, 550790910004002,550790910004003,550790910004004,550790910004005, 550790910004006,550790910004007,550790910005000,550790910005001, 550790910005002,550790910005003,550790910005004,550790910005005, 550790910005006,550790910005007,550790910006004,550790910006005, 550790910006008,550790910006009,550790910006010,550790910006011, 550790910006012,550790910006015,550790910006016
(Ord. O-11-14, § I, 11-1-2011)
Editor's note(s)—Ord. O-23-1, pt. I, adopted January 17, 2023, re-draws the Aldermanic districts citywide in a manner which will create twelve aldermanic districts in place of the current eight Aldermanic districts shown in current §§ 1.04.030 through 1.04.105, to be effective following the Spring election in April, 2026. A map and detailed descriptions of each of the new aldermanic district boundaries is included in Ord. O-23-1.
The sixth aldermanic district shall consist of all that territory contained within wards 15 and 16 in the city of Wauwatosa, Milwaukee County, as shown in the attached map of the city of Wauwatosa and more particularly described below:
A. Ward 15: That territory contained with the following areas in the city of Wauwatosa, Milwaukee County, as defined by the U.S. Bureau of the Census in conjunction with the 2020 decennial census: Census Block ID: 550790908002000, 550790908002001, 550790908002005,550790908002006,550790908002007,550790908002008, 550790908003000,550790908003001,550790909003000,550790909003001, 550790909003002,550790909003003,550790909003004,550790909003005, 550790909003006, 550790909003007,550790909003008,550790909004000, 550790909004001,550790909004002,550790909004003,550790909004004, 550790909004005,550790909004006,550790909004007,550790909004008, 550790909004009,550790909004010,550790910006000,550790910006001, 550790910006002,550790910006003,550790910006006,550790910006007, 550790910006013,550790910006014.
B. Ward 16: That territory contained with the following areas in the city of Wauwatosa, Milwaukee County, as defined by the U.S. Bureau of the Census in conjunction with the 2020 decennial census: Census Block ID: 550790907001000, 550790907001001, 550790907001002,550790907001003,550790907001004,550790907001005, 550790907001006,550790907001007,550790907001008,550790907001009, 550790907001010,550790907001011,550790908001000,550790908001001, 550790908001002,550790908001003,550790908001004,550790908001005, 550790908001006,550790908001007,550790908001008,550790908001009, 550790908001010,550790908001011,550790908001012,550790908001013, 550790908001014,550790908002002,550790908002003,550790908002004, 550790908002009,550790908002010,550790908002011,550790908002012, 550790908002013,550790908003002,550790908003003,550790908003004, 550790908003011
(Ord. O-11-14, § I, 11-1-2011)
Editor's note(s)—Ord. O-23-1, pt. I, adopted January 17, 2023, re-draws the Aldermanic districts citywide in a manner which will create twelve aldermanic districts in place of the current eight Aldermanic districts shown in current §§ 1.04.030 through 1.04.105, to be effective following the Spring election in April, 2026. A map and detailed descriptions of each of the new aldermanic district boundaries is included in Ord. O-23-1.
The seventh aldermanic district shall consist of all that territory contained within wards 17 and 18 in the city of Wauwatosa, Milwaukee County, as shown in the attached map of the city of Wauwatosa and more particularly described below:
A. Ward 17: That territory contained with the following areas in the city of Wauwatosa, Milwaukee County, as defined by the U.S. Bureau of the Census in conjunction with the 2020 decennial census: Census Block ID: 550790907001012, 550790907001013, 550790907001014,550790907001015,550790907001016,550790907001017, 550790907002005,550790907002006,550790907002008,550790907002009, 550790907002010,550790907002011,550790907002012,550790907002013, 550790907002014,550790907002015,550790907002018,550790908003005, 550790908003008,550790908003009,550790908003010,550790911002004, 550790911002005,550790911002004,550790911002005,550790911002006, 550790911002010
C. Ward 18: That territory contained with the following areas in the city of Wauwatosa, Milwaukee County, as defined by the U.S. Bureau of the Census in conjunction with the 2020 decennial census: Census Block ID: 550790907002000, 550790907002001, 550790907002002,550790907002003,550790907002004,550790907002007, 550790907003000,550790907003001,550790907003002,550790907003003, 550790907003004,550790907003005,550790907003006,550790907003007, 550790907003008,550790907003009,550790907003010,550790907003011, 550790907003012,550790907003013,550790907003014,550790907003015, 550790907003016,550790907003017,550790907003018,550791853001000, 550791853001001,550791853001002,550791853001003,550791853001004, 550791853001005,550791853001006,550791853001018,550791853001019.
(Ord. O-11-14, § I, 11-1-2011)
Editor's note(s)—Ord. O-23-1, pt. I, adopted January 17, 2023, re-draws the Aldermanic districts citywide in a manner which will create twelve aldermanic districts in place of the current eight Aldermanic districts shown in current §§ 1.04.030 through 1.04.105, to be effective following the Spring election in April, 2026. A map and detailed descriptions of each of the new aldermanic district boundaries is included in Ord. O-23-1.
The eighth aldermanic district shall consist of all that territory contained within wards 7, 12A and 12B in the city of Wauwatosa, Milwaukee County, as shown in the attached map of the city of Wauwatosa and more particularly described below:
A. Ward 7: That territory contained with the following areas in the city of Wauwatosa, Milwaukee County, as defined by the U.S. Bureau of the Census in conjunction with the 2020 decennial census: Census Block ID: 550790906001000, 550790906001001, 550790906001002,550790906001003,550790906001004,550790906001005, 550790906001006,550790906001007,550790906001008,550790906001009, 550790906001010,550790906001011,550790906001012,550790906001013, 550790906001014,550790906001015,550790906001016,550790906001017, 550790906001018,550790906001019,550790906001021,550790906001022, 550790906001023,550790906004016,550790906004017,550790906004018, 550790906004019,550790906004020,550790906004021,550791853001016, 550791853001017,550791853001020,550791853001021,550791853001022, 550791853001030,550791853001031,550791853001032,550791853001033, 550791853001039
B. Ward 12A: That territory contained within the following areas in the city of Wauwatosa, Milwaukee County, as defined by the U.S. Bureau of the Census in conjunction with the 2020 decennial census: Census Block ID: 550790906001020, 550791853001034, 550791853001035,550791853001036,550791853001037
C. Ward 12B: That territory contained within the following areas in the city of Wauwatosa, Milwaukee County, as defined by the U.S. Bureau of the Census in conjunction with the 2020 decennial census: Census Block ID: 550790912004004, 550790912004006, 550790912004007,550790912004008,550790912004009,550790912004011, 550790912004012,550790912004013,550790912004014,550790912004015, 550790912004016,550790913003001,550790913003002,550790913003003, 550790913003004,550790913003005,550790913003006,550790913003007, 550790913003008,550790913004000,550790913004001,550790913004002, 550790913004003,550790913004004,550790913004005,550790913004006, 550790913004007,550790913004008,550790913004009,550790913004010, 550790913004011,550790913004012,550790913004013
(Ord. O-11-14, § I, 11-1-2011)
Editor's note(s)—Ord. O-23-1, pt. I, adopted January 17, 2023, re-draws the Aldermanic districts citywide in a manner which will create twelve aldermanic districts in place of the current eight Aldermanic districts shown in current §§ 1.04.030 through 1.04.105, to be effective following the Spring election in April, 2026. A map and detailed descriptions of each of the new aldermanic district boundaries is included in Ord. O-23-1.
Consistent with the descriptions above, the boundaries of the aldermanic districts shall be as shown on the map below. In the event of any inconsistencies between the above ward descriptions and the map, the ward descriptions contained within Sections 1.04.030 through 1.04.100, above, shall control. A detailed copy of such map shall be maintained in the office of the city clerk and made available for public review during regular business hours.

(Ord. O-11-14, § I, 11-1-2011)
Editor's note(s)—Ord. O-23-1, pt. I, adopted January 17, 2023, re-draws the Aldermanic districts citywide in a manner which will create twelve aldermanic districts in place of the current eight Aldermanic districts shown in current §§ 1.04.030 through 1.04.105, to be effective following the Spring election in April, 2026. A map and detailed descriptions of each of the new aldermanic district boundaries is included in Ord. O-23-1. Effective April 21, 2026, pursuant to Ord. O-23-1, the map of aldermanic districts will be moved to § 1.04.150 of this code and will be as follows:
The Ninth aldermanic district shall consist of all that territory contained within wards 8, 9A and 9B in the city of Wauwatosa, Milwaukee County, as shown in the attached map of the city of Wauwatosa and more particularly described below:
A. Ward 8: That territory contained with the following areas in the city of Wauwatosa, Milwaukee County, as defined by the U.S. Bureau of the Census in conjunction with the 2020 decennial census: Census Block ID: 550790906002000, 550790906002001, 550790906002002,550790906002003,550790906002004,550790906002005, 550790906002006,550790906002007,550790906002008,550790906002009, 550790906002010,550790906002011,550790906002012,550790906002013, 550790906002014,550790906002015,550790906002016,550790906002017, 550790906002018,550790906003000,550790906003001550790906003002, 550790906003003,550790906003004,550790906003005,550790906003006, 550790906003007,550790906003008,550790906003009,550790906003010, 550790906003011,550790906003012,550790906004006,550790906004007, 550790906004008,550790906004009,550790906004010,550790906004011, 550790906004012,550790906004013,550790906004014,550790906004015, 550790906004022
B. Ward 9A: That territory contained within the following areas in the city of Wauwatosa, Milwaukee County, as defined by the U.S. Bureau of the Census in conjunction with the 2020 decennial census: Census Block ID: 550790906004000, 550790906004001, 550790906004002,550790906004003,550790906004004,550790906004005, 550791853003016,550791853003017,550791853003018,550791853003019, 550791853003020,550791853003021,550791853003022,550791853003023, 550791853003024,550791853003025,550791853003026,550791853003027, 550791853003028,550791853003029,550791853003030,550791853003031
C. Ward 9B: That territory contained within the following areas in the city of Wauwatosa, Milwaukee County, as defined by the U.S. Bureau of the Census in conjunction with the 2020 decennial census: Census Block ID: 550791853001038, 550791853003000, 550791853003001,550791853003002,550791853003003,550791853003004, 550791853003005,550791853003006,550791853003007,550791853003008, 550791853003009,550791853003010,550791853003011,550791853003012, 550791853003013,550791853003014,550791853003015
(Ord. O-22-2, pt. II, adopted January 4, 2022, repealed § 1.02.110. Former § 1.02.110 pertained to polling places and derived from Ord. O-01-23 § 1 (part); Ord. O-91-43 § 1 (part); Ord. O-12-01, § I, adopted January 3, 2012; Ord. O-12-08, § I, adopted February 21, 2012; Ord. O-13-12, §§ I, II, adopted August 6, 2013; Ord. O-14-22, § I, adopted September 16, 2014; Ord. O-17-02, § I, adopted January 17, 2017; Ord. O-17-25, pt. I, adopted September 19, 2017; and Ord. O-19-33, pt. I, adopted December 17, 2019)
The Tenth aldermanic district shall consist of all that territory contained within wards 19, 20A and 20B in the city of Wauwatosa, Milwaukee County, as shown in the attached map of the city of Wauwatosa and more particularly described below:
A. Ward 19: That territory contained with the following areas in the city of Wauwatosa, Milwaukee County, as defined by the U.S. Bureau of the Census in conjunction with the 2020 decennial census: Census Block ID: 550791853001011, 550791853001012, 550791853001013,550791853001014,550791853001015,550791853001023, 550791853001024,550791853002000,550791853002001,550791853002002, 550791853002003,550791853002004,550791853002005,550791853002006, 550791853002007,550791853002008,550791853002009,550791853002010, 550791853002011,550791853002012,550791853002013,550791853002014, 550791853002015,550791853002016,550791853002017,550791853002018, 550791853002019,550791853002020,550791853002021
B. Ward 20A: That territory contained within the following areas in the city of Wauwatosa, Milwaukee County, as defined by the U.S. Bureau of the Census in conjunction with the 2020 decennial census: Census Block ID: 550790903001010, 550790903001016, 550790903001017,550790903001018,550790903001019,550790903001020, 550790903001021,550790903001022,550790903001023,550790903001024, 550790903001025,550790903001027,550790903002016,550790903002017, 550790903002018,550790903002019,550790903002020,550790903002021, 550790903002022,550790903002023,550790903002024,550790903002025, 550790903002026
C. Ward 20B: That territory contained within the following areas in the city of Wauwatosa, Milwaukee County, as defined by the U.S. Bureau of the Census in conjunction with the 2020 decennial census: Census Block ID: 550790903001011, 550790903001012, 550790903001014
The Eleventh aldermanic district shall consist of all that territory contained within Wards 21A, 21B and 22 in the city of Wauwatosa, Milwaukee County, as shown in the attached map of the city of Wauwatosa and more particularly described below:
A. Ward 21A: That territory contained within the following areas in the city of Wauwatosa, Milwaukee County, as defined by the U.S. Bureau of the Census in conjunction with the 2020 decennial census: Census Block ID: 550790902002007, 550790902002029, 550790903001000, 550790903001001,550790903001002,550790903001003, 550790903001004,550790903001005,550790903001006,550790903001007, 550790903001008,550790903001009,550790903001013,550790903001015, 550790903001026,550790903002000,550790903002001,550790903002002, 550790903002007,550790903002008,550790903002009,550790903002010, 550790903002011,550791853001007,550791853001008,550791853001009, 550791853001010
B. Ward 21B : That territory contained within the following areas in the city of Wauwatosa, Milwaukee County, as defined by the U.S. Bureau of the Census in conjunction with the 2020 decennial census: Census Block ID: 550790903002003, 550790903002004, 550790903002005,550790903002006,550790903002012,550790903002013, 550790903002014,550790903002015
C. Ward 22 : That territory contained with the following areas in the city of Wauwatosa, Milwaukee County, as defined by the U.S. Bureau of the Census in conjunction with the 2020 decennial census: Census Block ID: 550790902001000, 550790902001001, 550790902001002,550790902001003,550790902001004,550790902001005, 550790902001006,550790902001007,550790902001008,550790902001009, 550790902001010,550790902001011,550790902001012,550790902001013, 550790902001014,550790902001015,550790902001016,550790902001017, 550790902001018,550790902001019,550790902001020,550790902001021, 550790902001022,550790902001023,550790902001024,550790902001025, 550790902001026,550790902001027,550790902001028,550790902001029, 550790902001030,550790902001031,550790902001032,550790902001033, 550790902001034,550790902001035,550790902001036,550790902002000, 550790902002001,550790902002002,550790902002003,550790902002004, 550790902002005,550790902002006,550790902002007,550790902002008, 550790902002009,550790902002010,550790902002011,550790902002012, 550790902002013,550790902002014,550790902002015,550790902002016, 550790902002017,550790902002022,550790902002023,550790902002024, 550790902002025,550790902002018,550790902002019,550790902002020, 550790902002021,550790902002026,550790902002027,550790902002028, 550790902002030
The Twelfth aldermanic district shall consist of all that territory contained within Wards 23, 24A and 24B in the city of Wauwatosa, Milwaukee County, as shown in the attached map of the city of Wauwatosa and more particularly described below:
A. Ward 23: That territory contained with the following areas in the city of Wauwatosa, Milwaukee County, as defined by the U.S. Bureau of the Census in conjunction with the 2020 decennial census: Census Block ID: 550790901001001, 550790901001002, 550790901001003,550790901001004,550790901001005,550790901001006, 550790901001007,550790901001008,550790901001009,550790901001010, 550790901001011,550790901001012,550790901001013,550790901001018, 550790901001019,550790901001020,550790901001021,550790901001022, 550790901001023,550790901001024,550790901001025,550790901001026, 550790901001027,550790901001028,550790901001029,550790901001030, 550790901001031,550790901001032,550790901001033,550790901002000, 550790901002001,550790901002002,550790901002003,550790901002004, 550790901002005,550790901002006,550790901002007,550790901002008, 550790901002009,550790901002010,550790901002011,550790901002012, 550790901002013,550790901002014,550790901002015,550790901002016, 550790901002017,550790901002018,550790901002019,550790901002020, 550790901002021
B. Ward 24A: That territory contained within the following areas in the city of Wauwatosa, Milwaukee County, as defined by the U.S. Bureau of the Census in conjunction with the 2020 decennial census: Census Block ID: 550790901003000, 550790901003001, 550790901003002,550790901003003,550790901003004,550790901003005, 550790901003006,550790901003007,550790901003008,550790901003009, 550790901003010,550790901003011,550790901003012,550790901003013, 550790901003014,550790901003015,550790901003016,550790901003017, 550790901003018,550790901003019,550790901003020,550790901003021, 550790901003022,550790901003023,550790901003024,550790901003025, 550790901003026,550790901003027,550790901003028,550790901003029, 550790901003030,550790901003031,550790901004000,550790901004001
C. Ward 24B: That territory contained within the following areas in the city of Wauwatosa, Milwaukee County, as defined by the U.S. Bureau of the Census in conjunction with the 2020 decennial census: Census Block ID: 550790901001014, 550790901001015, 550790901001016,550790901001017,550790901001000
Consistent with the descriptions above, the boundaries of the aldermanic districts shall be as shown on the map below. In the event of any inconsistencies between the above ward descriptions and the map, the ward descriptions contained within Sections 1.04.030 through 1.04.140, above, shall control. A detailed copy of such map shall be maintained in the office of the city clerk and made available for public review during regular business hours.
The standard time in the city for purposes of its ordinances, legal advertisements, requests for bids, notices of public hearings, and other municipal affairs shall be the standard of time as defined in Wis. Stats. 175.09 or 175.095, whichever is applicable on the date. The use of the term "local standard time" or other similar reference to time shall have the meaning as set forth in this section.
(Ord. O-77-172 § 1, 1977)
(Ord. O-78-116 § 1, 1978; Ord. O-02-1 § 1 (part), 2002)
(Ord. O-00-5 § 1, 2000; Ord. O-08-12 § 1, 2008)
Pursuant to Wisconsin Statutes Chapter 800 the common council for the city of Wauwatosa adopts the use of citations for enforcement of its ordinances and such citations may be issued by those city officials designated as follows:
(Ord. O-88-37 § 1, 1988; Ord. O-94-50 §§ 1, 2, 1994)
Pursuant to the authority of Section 66.0115, Wisconsin Statutes, and for purposes of collecting overdue ordinance forfeitures, no license or permit shall be issued to a person, firm or corporation having an unpaid overdue forfeiture resulting from a violation of an ordinance of the city of Wauwatosa.
(Ord. O-82-73 § 1 (part), 1982; Ord. O-02-1 § 1 (part), 2002)
No license or permit shall be issued to a person, firm or corporation having an unpaid overdue forfeiture resulting from a violation of an ordinance of any municipality in Milwaukee County which is a party to a reciprocal agreement in accordance with the provisions of Section 66.0115, Wisconsin Statutes.
(Ord. O-82-73 § 1 (part), 1982; Ord. O-02-1 § 1 (part), 2002)
The issuance of a license or permit shall not be refused to a person who:
(Ord. O-82-73 § 1 (part), 1982)
It is recognized that the licensing authority of the city is vested in the common council of the city and that most licenses and permits that are provided for under the code require administrative review which is an appropriate subject for delegation to the city staff and, therefore, it is declared that this chapter is designed to delegate the administrative review to those departments of the city that administer the respective codes combined with the appropriate guidelines for granting approvals and renewals subject to the ratification by the common council.
(Ord. O-95-6 § 1 (part), 1995)
The city departments are delegated authority to issue and/or renew licenses and permits administered by their respective departments, provided the following guidelines are followed:
(Ord. O-95-6 § 1 (part), 1995)
Any person, firm or corporation aggrieved by a decision of a department authorized to issue permits or licenses may appeal such decision to the government affairs committee of the common council, unless another appeal procedure is specifically provided for by ordinance or statute.
(Ord. O-95-6 § 1 (part), 1995)
(Ord. O-09-12, § I, 7-7-2009)
(Ord. O-09-12, § I, 7-7-2009)
(Ord. O-09-12, § I, 7-7-2009)
(Ord. O-09-12, § I, 7-7-2009)
The duties of the city engineer are assigned to the manager of engineering services.
(Ord. O-88-47 § 1 (part), 1988; Ord. O-99-22 § 2, 1999)
(Ord. O-74-33 § 1 (part), 1974; Ord. O-80-76 § 1)
(Ord. O-98-13 § 1, 1998)
Editor's note(s)—Ord. No. O-19-23, pt. I, adopted September 3, 2019, repealed § 2.02.030. Former § 2.02.030 pertained to the auditing of accounts and derived from Ord. O-74-33, § 1 (part), adopted 1974 and Ord. No. O-15-07, pt. V, adopted February 17, 2015.
No business shall be considered by the common council unless presented by a member of the common council, the mayor, a standing committee of the common council, the plan commission, the board of public works, or the city administrator. Applications and communications received by the common council shall be referred to a standing committee, to city staff for action at a future date, or for such other appropriate action as described on the final agenda of the common council.
(Ord. O-74-33 § l (part), 1974; Ord. O-14-15, § I, 5-7-2014)
(Ord. O-74-33 § l (part), 1974)
The mayor, or in the event the mayor is absent from the city or otherwise incapacitated, the president of the council, may call a special meeting by a written notice to each of the members, to be served personally or left at their place of residence and also via electronic mail or another form of electronic communication designated by the alderperson which is reasonably expected to reach the alderperson in a timely manner, at least six hours prior to the time for such meeting. The written notice shall state the reasons for and items of business to be considered at the special meeting and no other business shall be considered. Upon receipt of a petition signed by not less than five members requesting a special meeting, the mayor or the president of the council, for the reasons specified above, shall call such a meeting of the council in the manner set forth above. The petition shall state the reasons for and items of business to be considered at the special meeting and no other business shall be considered.
(Ord. 74-33 § l (part), 1974)
Except as otherwise provided in this code, the common council shall meet not less than once per month in the City Hall at such dates and times as declared by the common council. In the event the council deems it necessary, it may designate another place of meeting of the council in lieu of the City Hall. Following a regular city election, the first meeting of the new council shall be on the third Tuesday of April. Immediately prior to such meeting the council shall elect its president, plan commission member and representative to the Board of Public Works in accordance with provisions of Section 2.02.150.
(Ord. 74-33 § l (part), 1974; Ord. O-75-7 § 2, 1975; Ord. O-79-14 § 1, 1979)
When a required quorum is not present at a regular or special meeting of the common council, any three members of the council may request a call of the house and require absent members to be sent for. On a call of the house being moved, the presiding officer shall ask those in favor to rise, and if three or more rise, the call shall be ordered. No member shall be allowed to leave while the house is under call. The clerk shall immediately call the roll, and furnish a list of the absentees without leave to the sergeant-at-arms who shall forthwith attempt to find and bring in such absentees. The presiding officer shall appoint the sergeant-at-arms who shall not be a member of the council.
While the council is under call, no business shall be transacted except to receive and act on the report of the sergeant-at-arms, and no other motion shall be in order except to adjourn or to cancel the call of the house. A majority of members present may adjourn, but a majority of members elect is required to cancel the call of the house. The call of the house shall be at an end when all who were absent without being excused are present.
(Ord. 74-33 § l (part), 1974)
These rules may be suspended temporarily by a majority of the members present, except as they pertain to a quorum, or to the majority required for any motion.
(Ord. 74-33 § l (part), 1974)
Action on any ordinance or the report of any committee which is before the council for the first time shall be deferred until the next regular meeting of the council upon request of four members of the council.
(Ord. 74-33 § l (part), 1974)
No resolution shall be finally acted upon or adopted at the same session of the common council at which such resolution has been introduced, except:
(Ord. 74-33 § 1 (part), 1974)
Except as otherwise provided in this code, the standing committees of the common council shall meet in the City Hall at such dates and times as declared by the common council. In the event that the common council deems it necessary, it may designate another place for committee meetings in lieu of City Hall.
(Ord. O-74-33 § 1 (part), 1974; Ord. O-81-34 § 3, 1981; Ord. O-95-7 § 1, 1995; Ord. O-96-63 § 1, 1996; Ord. O-98-13 § 2, 1998; Ord. O-06-14 § 1, 2006)
There shall accompany every proposed resolution for an award of a contract for public work, a short abstract of the proceedings leading up to the award prepared by the city clerk, who has previously presented the same in sufficient time to the city attorney for approval as to the legality of the proceedings.
(Ord. O-74-33 § 1 (part), 1974)
(Ord. O-74-33 § 1 (part), 1974)
(Ord. O-75-7 § 1, 1975; Ord. O-81-34 § 4, 1981; Ord. O-95-47 § 1, 1995; Ord. O-14-15, § II, 5-7-14; Ord. O-14-27, §§ II, III, 12-2-14)
Editor's note(s)—Ord. No. O-19-25, pt. III, adopted October 15, 2019, renamed § 2.02.150 from "Alderman—Declaration of candidacy for common council president or plan commission member" to "Alderperson—Declaration of candidacy for common council president or plan commission member."
(Ord. O-81-6 § 1, 1981; Ord. O-88-65 § 1, 1988)
(Ord. O-86-25 § 1, 1986; Ord. O-02-32 § 1, 2002; Ord. O-09-28, § I, 11-3-2009)
The terms of office of the mayor and alderpersons are fixed at four years.
(Prior code § 17.01(1); § 1 of Ord. dated December 21, 1971)
The Common Council finds that:
1. The authority to determine how an aldermanic vacancy is filled rests solely with the Common Council as the elected legislative body of the City, pursuant to Wis. Stat. § 17.23(1)(am).
2. City staff shall support the Common Council in carrying out that determination promptly and efficiently
(Ord. O-85-31 § 1, 1985)
The proper operation of democratic government requires that public officials and employees be independent, impartial and responsible to the people; that government decisions and policy be open and transparent; that public office not be used for personal gain; and that the public have confidence in the integrity of its government. In recognition of these goals, there is hereby established a code of ethics for all city of Wauwatosa officials and employees, whether elected or appointed, paid or unpaid, including members of boards, committees, and commissions of the city as well as any individuals who are candidates for elective office as soon as such individuals file nomination papers with the city. The purpose of this code is to establish guidelines for ethical standards of conduct for all such officials and employees by setting forth those acts or actions that are incompatible with the best interests of the city and by directing disclosure by such officials and employees of private financial or other interests in matters affecting the city.
The provisions and purpose of this code and such rules and regulations as may be established are hereby declared to be in the best interest of the city.
No employee or official shall intentionally disclose or use confidential information concerning the government or government affairs to gain anything of value or to advance a financial, personal, or other private interest of herself or himself.
A violation of any part of this code shall be subject to forfeiture of not less than one hundred dollars and not to exceed one thousand dollars, payable to the city treasurer. A violation may also be subject to other remedies provided by law including but not limited to censure, discipline, suspension, and termination. If the violation involved acceptance of something of value, it shall be returned to the giver or payer, donated or given to the city treasurer who shall dispose of it. The amount of the forfeiture can be determined by council upon finding that an official violated this chapter and the amount of forfeiture for an employee who has been found to violate this chapter may be determined by the employee's supervisor.
The mayor shall be the chief executive officer of the city and shall perform all duties and carry out all responsibilities incumbent upon the office. The mayor shall not engage in any activity for compensation which will impair the performance of his or her duties or be detrimental to the best interests of the city.
(Ord. O-75-181 § 1, 1975)
Whereas Article XI, Section 3 of the Wisconsin Constitution provides municipalities with home rule powers, and the right to determine their local affairs and government; and whereas Section 62.04, Wisconsin Statutes, has granted to cities the largest measure of self-government compatible with the Constitution and general laws and further provides that the exercises of rights and powers of a city shall be liberally construed in favor of the city so as to promote the general welfare of peace, good order and prosperity of the inhabitants; and whereas Section 62.11(5), Wisconsin Statutes, vests the management of the city in its common council which constitutes its mayor and alderpersons; and whereas it is deemed by the common council to be in the best interest of the management of the city to utilize the services of a professionally trained, qualified city administrator to provide the common council with counsel and advice and management skills so as to foster the most effective and efficient management of the city's governmental operations and finances; and whereas a city administrator should work closely with, be responsive to, and have the confidence of the common council; now, therefore, it is the declared purpose of this chapter to make clear the intent of the common council that the creation of the position of city administrator is in accordance with the authority of the city's home rule powers and is deemed to be a matter of purely local concern, that this non-policy-making city administrator position shall serve at the pleasure of the common council and shall be removable by vote of a simple majority of the entire common council. It is further recognized that for the purpose of maintaining a close working relationship between the common council and the city administrator and to maintain the management control over the city administrator by the common council, it is deemed essential that removal shall be without cause and upon a simple majority vote of the common council. It is specifically the intent of the common council that for purposes of Section 17.12, Wisconsin Statutes, the city administrator shall not be deemed to be an officer of the city. It is further recognized that any person appointed to the position of city administrator shall have no vested property interest in such position other than that which may be specifically provided for by the common council through written contract. The city administrator shall not have the authority to enter into any binding legal contracts on behalf of the city nor have the authority to establish any banking relationships on behalf of the city or any other duties typical of an officer.
(Ord. O-85-43 § l (part), 1985)
The position of city administrator shall be full time in the unclassified service of the city.
(Ord. O-85-43 § l (part), 1985)
The city administrator shall be responsible for effectuating all actions of the common council which require administrative implementation or where the mayor and/or the common council have directed the city administrator to act.
(Ord. O-85-43 § 1 (part), 1985)
This position shall not be of a policymaking nature in those matters statutorily delegated to the common council, boards and commissions, nor shall the city administrator be a voting member in the creation of such policy.
(Ord. O-85-43 § l (part), 1985)
The city administrator shall be responsible for directing and coordinating the administration of municipal operations, but shall have no authority of a policymaking nature. The city administrator shall not act as the official spokesperson for the city. The city administrator shall serve only in a liaison capacity to city boards and commissions.
(Ord. O-85-43 § l (part), 1985)
The city administrator shall serve as the chief administrator and operating director of the city. The city administrator shall have clear authority to administer the day-to-day operations of the municipal government including formulation of appropriate operational procedures subject only to the restrictions noted within this chapter.
(Ord. O-85-43 § l (part), 1985)
Selection and appointment of the city administrator shall be based solely on the principles of merit and fitness. The city administrator shall be appointed for an indefinite term and shall serve at the pleasure of the common council. The government affairs committee shall prepare rules and procedures governing selection of candidates, including qualifications and other relevant items. All such matters prepared by the committee shall be subject to approval by the common council. The committee shall further serve as the screening and selection committee and after coordination with the mayor, shall submit a list of not less than three candidates to the common council. Selection and appointment shall be made by a majority vote of the common council from the list submitted by the government affairs committee.
(Ord. O-85-43 § l (part), 1985)
Annually, during the last quarter of each calendar year, the common council sitting as a committee of the whole shall conduct a review and evaluation of the job and job performance of the city administrator.
(Ord. O-01-9 § 1, 2001)
Removal from the position shall be effected by a majority vote of the members-elect of the common council.
(Ord. O-85-43 § l (part), 1985)
An employment contract shall be entered into between the city and the city administrator, and any provisions of the contract which conflict with the provisions of this chapter shall supersede the conflicting provisions of this chapter.
(Ord. O-85-43 § l (part), 1985)
Editor's note(s)—Ord. No. O-19-23, pt. II, adopted September 3, 2019, repealed § 2.08.100. Former § 2.08.100 pertained to city administrator residency and derived from Ord. O-85-43, § 1 (part), adopted 1985.
The salary of the city administrator shall be as the common council shall from time to time determine and prescribe.
(Ord. O-85-43 § l (part), 1985)
In addition to the general duties previously set forth in this chapter, the following duties shall be performed by the city administrator; these duties are illustrative and not delimiting:
(Ord. O-85-43 § l (part), 1985)
The assessor shall hold office in accordance with the terms of the Charter Ordinance placing that office in the classified service and pursuant to the Civil Service Charter Ordinance of the city.
(Prior code § 17.10)
Editor's note(s)—Ord. No. O-18-21, pt. I, adopted November 7, 2018, repealed ch. 2.12, §§ 2.12.010 and 2.12.020. Former ch. 2.12 pertained to the assistant city attorney and derived from Ord. No. O-01-8, adopted 2001.
Editor's note(s)—Ord. No. O-12-11, §§ I, II, adopted May 15, 2012, repealed the former Ch. 2.13, § 2.13.010, and enacted a new Ch. 2.13 as set out herein. The former Ch. 2.13 pertained to economic development manager and derived from Ord. No. O-09-18, § I, 9-1-2009; Ord. No. O-09-30, § I, 12-1-2009.
The position of development director is created and shall be a part of the unclassified service of the city pursuant to the Civil Service Charter Ordinance of the city of Wauwatosa. The position shall be under the supervision and direction of the city administrator.
(Ord. O-12-11, § II, 5-15-2012)
The comptroller shall hold office in accordance with the terms of the Charter Ordinance placing that office in the classified service and pursuant to the Civil Service Charter Ordinance of the city of Wauwatosa.
(Prior code § 17.11(1))
In addition to all other duties prescribed by statute or ordinance, the comptroller shall prescribe, in such detail as deemed necessary and in accordance with the statutes and rules and regulations of the state of Wisconsin, the system of accounts, bookkeeping systems and miscellaneous record systems to be utilized by the city of Wauwatosa and such systems, and no others, shall be maintained by the various departments of the city.
(Prior code § 17.11(2))
Pursuant to the authority granted by Chapter 254 of the Laws of 1967, Wisconsin Statutes, there is hereby created the office of municipal judge for the City of Wauwatosa.
(Prior code § 17.15(1); Ord. O-82-19 § l (part), 1982)
(Ord. O-77-142 § 1, 1977; Ord. O-82-19 § l (part), 1982)
The municipal judge shall be elected at large at the spring election commencing with the April, 1970 election for a term of four years commencing on May 1st succeeding his election.
(Prior code § 17.15(2); Ord. O-82-19 § l (part), 1982)
The municipal judge shall receive a salary as determined from time to time by the common council which shall be in lieu of fees and costs. No salary shall be paid to the judge for any time for which the judge has not executed and filed an oath as required by Section 2.16.040.
(Prior code § 17.15(3); Ord. O-82-19 § l (part), 1982)
The municipal judge shall execute and file with the office of director of state courts the oath prescribed by law.
(Prior code § 17.15(4); Ord. O-82-19 § l (part), 1982)
The municipal judge shall have such jurisdiction as provided in Chapter 254 of the Laws of 1967, Wisconsin Statutes, and exclusive jurisdiction of violations of city ordinances.
(Prior code § 17.15(5); Ord. O-82-19 § l (part), 1982)
(Prior code § 17.15(6); Ord. O-82-19 § 1 (part), 1982)
The city treasurer shall hold office in accordance with the terms of the Charter Ordinance placing that office in the classified service and pursuant to the Civil Service Charter Ordinance of the city of Wauwatosa.
(Prior code § 17.36)
Upon the advice of the city attorney that a judgment has been entered against a property owner in Wauwatosa, or against any party doing business with the city of Wauwatosa, or applying for a license in the city of Wauwatosa, because of nonpayment of delinquent property taxes or failure to satisfy judgment taken by the city of Wauwatosa for any reason, the city treasurer shall advise every department involved in a licensing procedure or the issuance of permits of said delinquency or nonsatisfaction of a judgment; and no such department of the city shall issue a license or permit until the delinquency is paid or the judgment satisfied. The entry of judgment shall also be brought to the attention of the government affairs committee of the common council along with other relevant material at the time of renewal of said license. A waiver of this section may be granted by action of the common council when in the determination of the common council justifies such a waiver.
(Ord. O-74-60 § 1, 1974)
Editor's note(s)—Ord. No. O-19-23, pt. III, adopted September 3, 2019, repealed ch. 2.22, §§ 2.22.010, 2.22.020. Former ch. 2.22 pertained to bonding for city officers and derived from §§ 17.26(1), (2) of the prior code.
A city plan commission is hereby created for the City of Wauwatosa to exercise those functions reserved to it by the code of ordinances and state statutes.
(Ord. O-00-3 § 1, 2000)
(Ord. O-00-3 § 2, 2000; Ord. O-14-15, § III, 5-7-2014)
(Ord. O-14-15, § IV, 5-7-2014)
There is hereby created a commission to be known as the Wauwatosa civic celebration commission, composed of:
(Ord. O-99-26 § 1 (part), 1999)
Appointments shall be for a term of four years.
(Ord. O-99-26 § 1 (part), 1999)
The commission shall hold a meeting in July of each year, subsequent to the Independence Day celebration, at which time a chairman and secretary shall be elected from within the commission, such officers to serve for one year.
(Ord. O-01-10 § 1, 2001)
It shall be the duty of said commission to have charge and to conduct the activities sponsored by the city on Memorial Day, Independence Day, and any other day selected as a day of civic celebration by the mayor. This commission shall be deemed the successor to the former Wauwatosa civic celebration commission effective January 1, 1973.
(Ord. O-99-26 § 1 (part), 1999)
There is hereby created a permanent voluntary Wauwatosa Bicycle and Pedestrian Facilities Committee which shall consist of a membership as follows:
The Wauwatosa Bicycle and Pedestrian Facilities Committee shall be scheduled to meet as necessary to conduct its business. The purpose and duties of the Wauwatosa Bicycle and Pedestrian Facilities Committee shall be as follows:
There is hereby created a permanent voluntary Wauwatosa senior commission which shall consist of a membership as follows:
(Ord. O-05-6 § 1 (part), 2005)
The purpose and duties of the Wauwatosa senior commission shall be as follows:
(Ord. O-05-6 § 1 (part), 2005)
Editor's note(s)—Ord. No. O-19-12, pt. I, adopted July 2, 2019, renamed ch. 2.29 from "energy and recycling advisory committee" to "sustainability committee."
(Ord. O-14-01, § I, 1-7-2014)
(Ord. O-14-01, § I, 1-7-2014)
The committee's mission shall be to champion environmentally sound practices fostering the city's long-term livability and economic vitality. The committee advises the common council and city staff on sustainability matters, and collaborates with residents, businesses and other partners to advance the city's environmental goals, including:
(Ord. O-14-01, § I, 1-7-2014)
The sustainability committee shall provide an annual update to a standing committee designated by the Common Council or the City Clerk in the first half of each calendar year, unless scheduled otherwise by the Common Council.
(Ord. O-14-01, § I, 1-7-2014)
Editor's note(s)—Ord. No. O-19-12, pt. I, adopted July 2, 2019, repealed § 2.29.050. Former § 2.29.050 pertained to sunset provision for recycling committee and derived from Ord. No. O-14-01, adopted January 7, 2014.
There is hereby created a permanent voluntary Wauwatosa Commission for Persons with Disabilities which shall consist of a membership as follows:
The purpose and duties of the Wauwatosa Commission for Persons with Disabilities shall be as follows:
Editor's note(s)—Ord. No. O-19-34, pt. IV, adopted December 17, 2019, repealed ch. 2.31, §§ 2.31.010—2.31.030. Former ch. 2.31 pertained to the marketing and communications advisory committee and derived from Ord. No. O-15-12,§ I, adopted April 7, 2015.
Editor's note(s)—Ord. No. O-16-18, pt. I, adopted May 3, 2016, repealed ch. 2.32 and enacted a new chapter as set out herein. The former ch. 2.32, §§ 2.32.010 and 2.32.020, pertained to similar subject matter and derived from Ord. No. O-79-104, adopted in 1979.
There is hereby created a permanent voluntary Wauwatosa Youth Commission which shall consist of a membership as follows:
The purposes and duties of the Wauwatosa Youth Commission shall be as follows:
A board of appeals is hereby created for the City of Wauwatosa in accordance with the provisions of the Wisconsin Statutes.
(Prior code § 17.18(1))
The organization, powers, duties and qualifications of such board shall be as provided for by the Wisconsin Statutes and such ordinances as the common council may from time to time adopt.
(Prior code § 17.18(2))
In the absence of a separately appointed and organized board of appeals, the board of zoning appeals is authorized to sit separately and act as the board of appeals in all matters calling for such board of appeals.
There is created a local board of health consisting of five members. Four of these members shall be persons who are not elected officials or employees of the city and shall be persons who have demonstrated interest or competence in the field of public health or community health. A good faith effort shall be made to appoint a registered nurse and a physician. One member shall be an alderperson who shall serve a two year term. In addition, the health officer shall be a nonvoting ex officio member.
(Ord. O-93-81 § 1 (part), 1993)
The mayor shall appoint members of the local board of health subject to confirmation of the common council.
(Ord. O-93-81 § 1 (part), 1993)
The mayor shall, subject to confirmation of the common council, upon the effective date of the ordinance codified in this chapter appoint to staggered terms: one member to the local board of health to a one year term; one member to a two year term; and one member to a five year term; such terms to expire on January 1st respectively. Thereafter, each of the five members of the local board of health shall serve a term of five years or until his or her successor is appointed and qualified. Members of the local board of health shall receive no compensation as members of this board.
(Ord. O-93-81 § 1 (part), 1993)
The local board of health shall elect a chairman, a vice-chairman and a secretary.
(Ord. O-93-81 § 1 (part), 1993)
The local board of health shall have such powers and duties as set forth in Wisconsin Statutes 251.04.
(Ord. O-93-81 § 1 (part), 1993)
(Ord. O-93-81 § 1 (part), 1993)
A board of police and fire commissioners shall be appointed and act in accordance with the provisions of the Wisconsin Statutes.
(Prior code § 17.19(1))
The provisions of subsections 1, 2, 3, 4, and 5 of Section 62.13 of the Wisconsin Statutes of 1923 are adopted in and for the City of Wauwatosa.
(Prior code § 17.19(2))
For the provisions regarding the department of public works, see Chapter 2.54 of this code.
The board of public works in and for the city shall consist of the development director, city comptroller, city attorney, city clerk, the chief building inspector, and one member of the common council, to be selected by a majority vote of the common council as described in Section 2.02.150 of the Wauwatosa Municipal Code. In addition to such membership, the library director shall sit as an alternate member of the board of public works in the absence of two or more regular members of such board; and as a second alternate the human resources director shall sit in the absence of two or more regular members when the library director is unavailable. If an alternate does not sit in for a public hearing or grievance hearing, such alternate shall not participate when a decision is made in regard to such matter.
(Ord. O-77-98 § 1, 1977; Ord. O-85-70 § 1, 1985; Ord. O-97-15 § 1, 1997; Ord. O-12-11, § V, 5-15-2012; Ord. O-14-27, § I, 12-2-2014)
(Prior code § 17.17(1); Ord. O-94-73 § 1, 1994)
The members of the board shall be appointed by the mayor, with the approval of the common council, shall serve without compensation, and shall hold office for five years and until their successors are appointed and qualified. The terms of the members shall commence on the first day of April succeeding their selection.
(Prior code § 17.17(2))
The department head responsible for administration of any ordinance provisions, including the Zoning Code, within this code may approve issuance of a permit or license which waives specific code compliance when such waiver is necessary to provide a "reasonable accommodation" for purposes of compliance with the Americans with Disabilities Act, Fair Housing Act, or other applicable law.
In the event such accommodation is requested, each request shall be considered on a case-by-case basis, upon the particular circumstances present, and must meet all of the following conditions:
The police department of the City of Wauwatosa is hereby created.
(Prior code § 17.04(1); § l (part) of Ord. dated May 2, 1972)
The police department shall consist of such officers as provided from time to time by the common council, appointed by the chief of police subject to approval by the board of police and fire commissioners, pursuant to Section 62.13(3) and (4) of the Wisconsin Statutes, and of such employees of the classified service as provided by the common council and appointed by the civil service commission, pursuant to the applicable statutes and ordinances.
(Prior code § 17.04(2); § l (part) of Ord. dated May 2, 1972)
The chief of police shall be appointed by the board of police and fire commissioners and may be removed in the manner prescribed by Section 62.13 of the Wisconsin Statutes.
(Prior code § 17.04(3); § l (part) of Ord. dated May 2, 1972)
The salary and fringe benefits and hours of work of the chief of police and all other members of the police department shall be as the common council shall from time to time by ordinance determine and prescribe, which salary shall be in full demands for their services and for all collecting of fines, forfeitures and fees, and service of civil process for the city. No police officer shall receive any fees for travel or attendance as witness in any case in which the city shall be a party, tried in any court sitting in the city, but in all cases such fees shall be paid into the city treasury.
(Prior code § 17.04(4); § l (part) of Ord. dated May 2, 1972)
The chief of police and all officers of the police department shall have the powers and duties conferred on them by the statutes. The chief of police shall have command of the police force under direction of the mayor. It is his duty to obey all lawful written orders of the mayor or common council or their designated city administrator. The city administrator shall have the power to approve or disapprove of all rules made by the chief of police for the government of the police department and all members thereof.
(Prior code § 17.04(5); § 1 (part) of Ord. dated May 2, 1972)
Subject to the direction and orders of the mayor as chief executive officer of the city and under the supervision of the city administrator, the chief of police:
(Prior code § 17.04(6); § l (part) of Ord. dated May 2, 1972; Ord. O-79-62 § 1, 1979)
A paid fire department for the City of Wauwatosa is hereby created.
(Prior code § 17.06(1))
The fire department shall consist of such subordinates as provided for from time to time by the common council appointed by the chief of the fire department, subject to approval by the board of police and fire commissioners.
(Prior code § 17.06(2))
The chief of the fire department shall be appointed by the board of police and fire commissioners and may be removed in the manner provided by law.
(Prior code § 17.06(3))
The salary of the chief and subordinates shall be fixed by the common council; the chief and subordinates shall perform such duties and be subject to such rules and regulations as the council shall from time to time prescribe.
(Prior code § 17.06(4))
Subject to the direction and orders of the mayor as chief executive officer of the city and under the supervision of the city administrator, the chief of the fire department:
(Ord. O-74-112 § 2, 1974; Ord. O-79-63 § 1, 1979)
Editor's note(s)—Ord. No. O-19-23, pt. IV, adopted September 3, 2019, repealed ch. 2.52, §§ 2.52.010—2.52.240. Former ch. 2.52 pertained to personnel regulations for police and fire departments and derived from Ord. O-93-68 § 1 (part), adopted 1993; Ord. O-93-83, adopted 1993; Ord. O-96-17 § 1, adopted 1996; Ord. O-97-12 § 2, adopted 1997; Ord. O-98-19 § 6, adopted 1998; Ord. O-00-21 § 1, adopted 2000; Ord. O-03-21 § 2, adopted 2003; Ord. O-07-20 § 1, adopted 2007; Ord. No. O-11-08, § I, adopted August 2, 2011; Ord. No. O-11-09, § I, adopted August 2, 2011; Ord. No. O-12-25, § I, adopted Dec. 4, 2012
The various departments of the city performing public works shall consist of the department of public works and the development department.
(Ord. O-88-47 § 1 (part), 1988; Ord. O-98-21 § 1, 1998; Ord. O-99-22 § 1, 1999; Ord. O-02-16 § 1, 2002; Ord. O-12-11, § VI, 5-15-2012)
The city administrator is empowered to promulgate rules and regulations relating to the administration of duties and procedures within the public works departments and divisions thereunder.
(Ord. O-88-47 § 1 (part), 1988)
The board of public works shall hear and decide all appeals from the directives or rulings issued by the public works departments or divisions thereunder.
(Ord. O-88-47 § 1 (part), 1988)
The duties appertaining to the office of engineer shall be to take all necessary levels, give grades, set stakes where required for public work, prepare specifications, together with detail work of public improvements contemplated or ordered by the City of Wauwatosa; to have general superintendence of said work when in course of construction; to prepare for permanent preservation in the city such necessary drawings and detail work as shall be found desirable and convenient for the city, and generally to advise and counsel with the city officers in matters pertaining to the work of the engineering services division.
(Ord. O-88-47 § 1 (part), 1988)
The duties of the city engineer are assigned to the manager of engineering services.
(Ord. O-88-47 § 1 (part), 1988; Ord. O-99-22 § 2, 1999)
It is the intent of this chapter that references to the parks and forestry division as a department or section elsewhere within the code shall be construed to mean "division."
(Ord. O-88-47 § 1 (part), 1988)
The officers of the City of Wauwatosa are empowered to destroy the following nonutility records under their jurisdiction after the completion of an audit by the department of state audit or an auditor licensed under Chapter 135 of the Wisconsin Statutes, but not less than seven years after payment or receipt of the sum involved in the applicable transaction:
(Prior code § 17.30(1))
The officers of the City of Wauwatosa are empowered to destroy the following records of municipal utilities subject to regulation by the state public service commission, but not less than seven years after payment or receipt of the sum involved in the applicable transaction:
(Prior code § 17.30(2))
The officers of the City of Wauwatosa are empowered to destroy the following records, but not less than seven years after the record was effective:
(Prior code § 17.30(3))
Prior to the destruction of any public record described above, at least sixty days' notice shall be given the State Historical Society.
(Prior code § 17.30(4))
This chapter shall not be construed to authorize the destruction of any public record after a period less than prescribed by statute or state administrative regulations.
(Prior code § 17.30.(5))
Editor's note(s)—Ord. No. O-19-23, pt. V, adopted September 3, 2019, repealed ch. 2.57, §§ 2.57.010—2.57.030. Former ch. 2.57 pertained to take home use by employees of city-owned vehicles and derived from Ord. O-97-19, § 1 (part), adopted 1997.
Editor's note(s)—Ord. No. O-19-23, pts. VI—VIII, adopted September 3, 2019, repealed ch. 2.58, §§ 2.58.110, 2.58.125 and 2.58.320. Former ch. 2.58 pertained to personnel regulations for administrative, professional, supervisory, management, technical and clerical personnel and derived from Ord. O-93-69, § 1 (part), adopted 1993; Ord. O-93-85, adopted 1993; Ord. O-93-86, adopted 1993; Ord. O-94-42, § 1, adopted 1994; Ord. O-94-63, adopted 1994; Ord. O-96-14, adopted 1996; Ord. O-96-16, § 1, adopted 1996; Ord. O-99-8, adopted 1999; Ord. O-99-35, adopted 1999; Ord. O-00-20, § 1, adopted 2000; Ord. O-01-4, § 1, adopted 2001; Ord. O-02-12, adopted 2002; Ord. O-03-1, adopted 2003; Ord. O-03-8, adopted 2003; Ord. O-03-21, § 4, adopted 2003; Ord. O-04-22, § 1, adopted 2004; Ord. O-05-9, § 1, adopted 2005; Ord. O-06-5, adopted 2006; Ord. O-08-8, adopted 2008; Ord. O-09-04, adopted 2009; Ord. No. O-12-11, pt. VII, adopted May 15, 2012; and Ord. No. O-12-25, pt. II, adopted December 4, 2012.
Editor's note(s)—Ord. No. O-13-19, § I, adopted Oct. 15, 2013, repealed Ch. 2.59, §§ 2.59.010—2.59.070, which pertained to classification and compensation plan for nonrepresented employees, and derived from Ord. O-93-69, 1993; Ord. O-95-43, 1995; Ord. O-02-37, 2002; Ord. O-03-23, 2003; Ord. O-04-9, 2004; Ord. O-04-12, 2004; Ord. O-04-21, 2004; Ord. O-05-14, 2005; Ord. O-05-16, 2005; Ord. O-05-34, 2005; Ord. O-07-1, 2007; Ord. O-07-10, 2007; Ord. O-08-4, 2008; Ord. O-08-8, 2008; Ord. O-08-10, 2008; Ord. O-08-16, 2008; Ord. O-08-21, 2008; Ord. No. O-08-33, 12-17-2008; Ord. No. O-09-09, 6-2-2009; Ord. No. O-11-15, 11-15-2011; Ord. No. O-12-10, 5-15-2012; Ord. No. O-12-11, 5-15-2012; Ord. No. O-12-12, 5-15-2012.
Editor's note(s)—Ord. No. O-19-23, pt. IX, adopted September 3, 2019, repealed ch. 2.60, § 2.60.010. Former ch. 2.60 pertained to the firemen's contractual agreement and derived from Ord. O-78-11, § 1, adopted 1978 and Ord. O-83-7, § 1, adopted 1983.
Editor's note(s)—Ord. No. O-19-23, pt. X, adopted September 3, 2019, repealed ch. 2.62, §§ 2.62.010—2.62.040. Former ch. 2.62 pertained to the employee relations director and derived from § 17.43(1)—(4) of the prior code and Ord. O-74-94, § 1 (part), adopted 1974.
Editor's note(s)—Ord. No. O-19-23, pt. XI, adopted September 3, 2019, repealed ch. 2.64, §§ 2.64.010—2.64.060. Former ch. 2.64 pertained to unemployment compensation and derived from § 17.45(1), 17.45(3)—(6) of the prior code and Ord. O-72-9, § 1 (part), adopted 1972.
Editor's note(s)—Ord. No. O-18-16, pt. I, adopted June 19, 2018, changed the title of ch. 2.66 from "personnel department" to "human resources department."
There is hereby created a human resources department for the City of Wauwatosa for the purpose of providing human resources services to all municipal departments. The department shall be headed by the human resources director, who shall be appointed by the mayor in consultation with the city administrator, subject to confirmation by the common council. All references in this code to the personnel director or personnel administrator shall hereby be construed as applying to the human resources director. All references in this code to the personnel department shall be construed as applying to the human resources department.
(Ord. 73-146 § 1 (part), 1973; Ord. O-04-22 § 1, 2004)
The duties of the human resources department shall include but not be limited to performance of:
(Ord. 73-146 § l (part), 1973; Ord. O-04-22 § 2, 2004)
There is hereby created a department of information systems for the City of Wauwatosa for the purpose of providing and managing information technology services to all municipal departments. The department shall be headed by a manager of information systems who shall be appointed by the mayor, in consultation with the city administrator, subject to confirmation by the common council.
(Ord. O-02-16 § 2, 2002)
Editor's note(s)—Ord. No. O-19-23, pt. XII, adopted September 3, 2019, repealed ch. 2.68, § 2.68.010. Former ch. 2.68 pertained to Local 315 District Council 48 Contractual Agreement and derived from Ord. O-80-110, § 1, adopted 1980; Ord. O-81-61, § 1, adopted 1981 and Ord. O-82-35, § 1, adopted 1982.
Editor's note(s)—Ord. No. O-19-23, pt. XIII, adopted September 3, 2019, repealed ch. 2.70, § 2.70.010. Former ch. 2.70 pertained to Local 494 International Brotherhood of Electrical Workers Contractual Agreement and derived from Ord. O-77-184, adopted 1977.
Editor's note(s)—Ord. No. O-19-23, pt. XIV, adopted September 3, 2019, repealed ch. 2.72, § 2.72.010. Former ch. 2.72 pertained to Wauwatosa Professional Policemen's Nonsupervisory Bargaining Unit Agreement and derived from Ord. O-75-51 § 1, adopted 1975; Ord. O-75-110 § 1, adopted 1975; Ord. O-77-21 § 1, adopted 1977; and Ord. O-77-39 § 1, adopted 1977.
Editor's note(s)—Ord. No. O-11-06, § I, adopted June 21, 2011, repealed Ch. 2.74, §§ 2.74.010—2.74.040, which pertained to landmark commission and derived from Ord. No. O-79-107, § 1, adopted 1979 and Ord. No. O-75-141, § 1 (part), adopted 1975.
(Ord. O-75-150 § 1, 1975)
(Ord. O-93-25 § 1, 1993)
Editor's note(s)—Ord. No. O-11-12, § I, adopted Sept. 20, 2011, repealed Ch. 2.80, which pertained to citizens advisory capital improvements committee and derived from Ord. No. O-78-61, § 1 (part), adopted 1978; Ord. No. O-79-105, § 1, adopted 1979 and Ord. No. O-87-5, § 1, adopted 1987.
There is hereby created, pursuant to Section 66.0615(1m)(c) of the Wisconsin Statutes a Wauwatosa Tourism Commission which shall consist of a membership as follows:
The purpose and duties of the Wauwatosa Tourism Commission shall be to coordinate tourism promotion and tourism development for the City of Wauwatosa, to perform such duties and to provide such services as permitted under Section 66.0615 of the Wisconsin Statutes and other applicable laws.
(O-80-60 § 1 (part), 1980)
(Ord. O-80-60 § l (part), 1980)
(Ord. O-80-60 § l (part), 1980)
Editor's note(s)—Ord. No. O-19-23, pt. XIV, adopted September 3, 2019, repealed ch. 2.86, §§ 2.86.010—2.86.030. Former ch. 2.86 pertained to the employee suggestion committee and derived from Ord. O-82-15, § 1, (part), adopted 1982.
(Ord. O-82-83 § l (part), 1982)
(Ord. O-82-83 § l (part), 1982)
(Ord. O-82-83 § l (part), 1982; Ord. O-84-9 § 1, 1984)
(Ord. O-82-83 § 1 (part), 1982)
(Ord. O-82-83 § l (part), 1982)
Editor's note(s)—Ord. No. O-19-09, pt. I, adopted June 4, 2019, repealed § 2.88.060 and enacted a new § 2.88.060 as set out herein. Former § 2.88.060 pertained to destruction of records and derived from Ord. O-82-83, adopted 1982.
Any city officer, or the director of any department or division of city government may, subject to the approval of the mayor or common council, keep and preserve public records in his or her possession by means of microfilm or other photographic reproduction method. Such records shall meet the standards for photographic reproduction set forth in Section 16.61(7) (a) and (b), Wisconsin Statutes, and shall be considered original records for all purposes. Such records shall be preserved along with other files of the department or division, and shall be open to public inspection and copying according to the provisions of state law and of Sections 2.88.030 through 2.88.050 of this chapter.
(Ord. O-82-83 § l (part), 1982)
Whenever the assessor, in the performance of the assessor's duties, requests or obtains income and expense information pursuant to Section 70.47(7)(af), Wis. Stats., or any successor statute thereto, then, such income and expense information that is provided to the assessor shall be held by the assessor on a confidential basis, except, however, that the information may be revealed to and used by persons: in the discharging of duties imposed by law; in the discharge of duties imposed by office (including, but not limited to, use by the assessor in performance of official duties of the assessor's office and use by the board of review in performance of its official duties); or pursuant to order of a court. Income and expense information provided to the assessor under Section 70.47(7)(af), unless a court determines that it is inaccurate, is, per Section 70.47(7)(af), not subject to the right of inspection and copying under Section 19.35(1), Wis. Stats.
(Ord. O-00-9 § 1, 2000)
Section 66.1335 of the Wisconsin Statutes authorizes the Common Council to adopt an ordinance creating a Housing and Community Development Authority.
(Ord. O-11-04, § I(A), 4-19-2011)
The findings and declarations underlying Section 66.1335 of the Wisconsin Statutes are in all respects adopted, restated and incorporated herein; there exists a need for blight elimination, slum clearance, urban renewal and community development programs and projects and housing projects in the city; a housing and community development authority, functioning within the city, constitutes an effective and efficient means for preventing and eliminating slums in blighted areas and preventing the reoccurrence thereof and for the elimination of unsanitary or unsafe inhabited dwelling accommodations and to provide safe and sanitary dwelling accommodations for persons of low income; and, the necessity for said authority is hereby declared as a matter of legislative determination.
(Ord. O-11-04, § I(B), 4-19-2011)
Pursuant to Section 66.1335(1) of the Wisconsin Statutes, there is hereby created the housing and community development authority as a separate body politic for the purpose of carrying out blight elimination, slum clearance, urban renewal programs and projects and housing projects; which authority shall be known as the "Community Development Authority of the City of Wauwatosa."
(Ord. O-11-04, § I(C), 4-19-2011)
The Housing Authority of the City of Wauwatosa created under Section 66.1201 of the Wisconsin Statutes and operating in the city is terminated and all powers, duties and functions set out in Section 66.1201 of the Wisconsin Statutes for housing authorities are hereby vested in the community development authority.
The Redevelopment Authority of the City of Wauwatosa created under Section 66.1333 of the Wisconsin Statutes and operating in the city is terminated and all powers, duties and functions set out in Section 66.1333 of the Wisconsin Statutes for redevelopment authorities are hereby vested in the community development authority.
(Ord. O-11-04, § I(D), 4-19-2011)
The mayor shall, with the confirmation of the common council, appoint seven resident persons having sufficient ability and experience in the fields of urban renewal, community development and housing, as commissioners of the community development authority.
(Ord. O-11-04, § I(E), 4-19-2011)
(Ord. O-11-04, § I(F), 4-19-2011)
Bonds issued on or after [creation date], by the community development authority are declared pursuant to Section 66.1335(5m) of the Wisconsin Statutes to be issued for an essential public and governmental purpose and to be public instrumentalities and, together with interest thereon and income therefrom, are exempt from taxes.
(Ord. O-11-04, § I(G), 4-19-2011)
The powers conferred under this section shall be an addition and supplemental to the powers conferred by any other law or ordinance. Insofar as this section is inconsistent with any other law, this section shall control.
(Ord. O-11-04, § I(H), 4-19-2011)
This section shall be construed liberally to effect its purposes and enumeration of specific powers herein does not restrict the meaning of any general grant of power contained in this section nor does it exclude other powers comprehended in such general grant as provided by applicable laws.
(Ord. O-11-04, § I(I), 4-19-2011)
If any provision of this section or any provision of any rule or regulation lawfully promulgated hereunder or any application of this section or rule or regulation promulgated hereunder to any person, firm or corporation or circumstances is held invalid or inoperative, such invalidity or inoperativeness shall not affect other provisions or applications of this section or rules or regulations. The common council hereby declares the provisions of this section and all rules and regulations promulgated hereunder are severable.
(Ord. O-11-04, § I(J), 4-19-2011)
There is hereby created a permanent voluntary Wauwatosa Equity and Inclusion Commission which shall consist of a membership as follows:
The commission shall act as an advisory body to the common council and the mayor of Wauwatosa in providing comment and support regarding appropriate strategies to develop and implement activities, resources and services that promote a positive environment of equity, inclusion, and the celebration of diverse identities in the city of Wauwatosa. In doing so, the commission will consider how the city can, within its powers, best:
The commission shall also:
There is hereby created a board of public debt commissioners, consisting of three resident citizens, the city comptroller/treasurer and deputy treasurer, three of whom shall constitute a quorum. The mayor shall, prior to the first Monday in May, 1938, appoint, subject to the approval of a majority of the common council, one member each for a term of one, two and three years respectively, and shall thereafter annually between the last Monday in April and the first Monday in May appoint, subject to the approval of a majority of the common council, one member for a term of three years. The members of the board shall receive no compensation as such members. The board shall keep a record of its proceedings and make its own rules, and provide for its own meetings, except that it shall meet whenever ordered by the mayor.
(Prior code § 16.03(1); § 1 of Ord. dated November 16, 1971; Ord. O-85-64 § 1, 1985)
The board shall superintend:
(Prior code § 16.02(2))
(Prior code § 16.02(3); § 1 of Ord. dated November 9, 1971; Ord. O-74-152 § 1, 1974)
The board shall have such other and further duties as may be imposed upon it by law from time to time.
(Prior code § 16.02(4))
The board shall make an annual report to the common council on the first Tuesday in October, including therein an entire record of its proceedings during the previous year, and a complete record of all proceedings relating to the amortization fund, and an accurate account of the transactions, investments, earnings and expenditures thereof, and the board shall permit examination of its accounts and records by the common council and by any interested party.
(Prior code § 16.02(5))
Editor's note(s)—Ord. No. O-19-23, pt. XVI, adopted September 3, 2019, repealed § 3.04.060. Former § 3.04.060 pertained to the board of public debt commissioners official oath—bonds and derived from § 16.02(6) of the prior code.
(Ord. O-89-12 § 1, 1989)
Each special assessment and special charge pursuant to Section 66.0627 of the Wisconsin Statutes levied in an amount of two hundred dollars or less against any parcel of land in the city of Wauwatosa shall be entered in the tax rolls in one installment.
(Ord. O-75-174 § l (part), 1975; Ord. O-02-1 § 1 (part), 2002)
(Ord. O-81-96 § 1, 1981; Ord. O-08-7 §§ 1—3, 2008)
(Ord. O-75-174 § 1 (part), 1975; Ord. O-81-10 § 2, 1981; Ord. O-81-96 § 2, 1981)
Any special assessment may be paid before due by paying the entire unpaid principal balance together with interest thereon at the applicable rate from January 1st of the current year of date of payment. After November 1st in each year such prepayment option is limited to the sum of installments scheduled for tax rolls of subsequent years.
(Prior code § 16.07(5); § 2 (part) of Ord. dated March 21, 1972)
(Ord. O-89-13 § 1, 1989)
(Prior code § 16.12(1))
Commencing with street improvement contracts entered into by the city of Wauwatosa subsequent to the year 1968, the rate of special assessments per benefited foot to be levied for all permanent street pavement improvements abutting one and two family residential properties within the city of Wauwatosa shall be determined by resolution of the common council.
(Prior code § 16.12(2) (a))
The rate of special assessments, as determined by resolution of the common council under Section 3.12.020 and to be levied for all permanent street pavement improvements abutting one-family and two-family residential properties within the city of Wauwatosa, shall be reviewed by the board of public works and the common council annually at the time the annual city budget is considered.
(Prior code § 16.12(2) (b))
Commencing with street improvement contracts entered into by the city of Wauwatosa subsequent to the year 1968, the board of public works of the city of Wauwatosa shall recommend to the common council the rate of special assessments to be levied, on the basis of benefits conferred, for all permanent street pavement improvements abutting other than one-family and two-family residential properties.
(Prior code § 16.12 (2) (c))
For the privilege of furnishing, at retail, rooms or lodging to transients by hotel keepers, motel operators, or other persons furnishing accommodations that are available to the public, irrespective of whether membership is required for use of the accommodations, a tax is imposed upon the retailers at the rate of seven percent of the gross receipts from the lease or rental of such accommodations, rooms or lodging within the city of Wauwatosa on or after June 1, 1971. In this chapter, "transient," "hotel" and "motel" have the meanings set forth in Section 77.52 (2) (a)1 of the Wisconsin Statutes.
(Prior code § 16.13(a); § l (part) of Ord. dated November 17, 1970; § 1 of Ord. dated December 1, 1970; Ord. O-74-137 § 1, 1974; Ord. O-90-26 § 1, 1990)
Any tax imposed as provided in Section 3.16.010 shall not be subject to the selective sales tax imposed by Section 77.52 (2) (a)1 of the Wisconsin Statutes.
(Prior code § 16.13(b); § 1 (part) of Ord. dated November 17, 1970)
Each retailer engaged in furnishing such accommodations, rooms or lodging as defined in this chapter shall submit a monthly report to the city treasurer's office showing the gross receipts from furnishing such accommodations, rooms or lodging, along with a copy of his state sales tax report for the business, along with the four and one-half percent tax for the gross receipts as reported, by not later than the last business day of the succeeding month for the receipts of that previous month.
(Ord. O-79-115 § 1, 1979; Ord. O-90-33 § 1, 1990)
(Ord. O-87-42 § 1, 1987)
All unpaid taxes shall bear interest at the rate of one percent per month from the due date of the return. Failure to pay the tax, or delinquent payment of such taxes, shall be subject to a ten-dollar per day late filing penalty in addition to the interest imposed in this section.
(Prior code § 16.13(d); § l (part), of Ord. dated November 17, 1970; Ord. O-81-65 § 1, 1981; Ord. O-82-53 § 1, 1982)
If a false or fraudulent return is filed with the intent in either case to defeat or evade the tax imposed by this chapter, a penalty of fifty percent of the tax due shall be paid in addition to the tax interest and late filing penalty.
(Prior code § 16.13 (e); § 1 (part) of Ord. dated November 17, 1970)
Editor's note(s)—Ord. No. O-19-25, pt. XXIII, adopted October 15, 2019, repealed § 3.16.060. Former § 3.16.060 pertained to the two and one-half percent room tax allocated to the Greater Milwaukee Convention and Visitor's Bureau and derived from Ord. O-76-56, § 1, adopted 1976; Ord. O-77-165, § 1, adopted 1977; Ord. O-81-57, § 1, adopted 1981; Ord. O-90-26, § 2, adopted 1990; Ord. O-98-18, § 1, adopted 1998 and Ord. O-02-1, § 1 (part), adopted 2002.
This section is adopted pursuant to the authority granted in Wis. Stat. § 341.35, as amended from time to time.
For purposes of this section, a “motor vehicle” means an automobile or motor truck registered under Wis. Stat. § 341.25(1)(c) at a gross weight of not more than 8,000 pounds that is registered in Wisconsin and customarily kept in the City of Wauwatosa.
An annual City registration fee in the amount of $15.00 is hereby imposed on all motor vehicles registered in the State of Wisconsin and customarily kept in the City of Wauwatosa beginning on the effective date of this ordinance. Future fee amounts shall be as set in the Consolidated Fee Schedule adopted by the Common Council from time to time.
At the time a motor vehicle is first registered and at the time of each registration renewal, the registration applicant shall pay the vehicle registration fee in addition to any fees set by the state and required by Wis. Stat. Ch. 341. The City registration fee shall be paid as provided in Wis. Stat. § 341.35(5), as amended from time to time.
The Wisconsin Department of Transportation shall collect the City registration fee, and shall retain a portion of the moneys collected under this section equal to the actual administrative costs related to the collection of these fees, as provided in Wis. Stat. § 341.35(6m), as amended from time to time.
The following motor vehicles are exempt from the annual vehicle registration fee: A. All vehicles exempted by Wis. Stat. Ch. 341 from payment of a state vehicle registration fee. B. All vehicles registered by the state for a fee of $5.00 under Wis. Stat. § 341.26(2). C. Any vehicle which is replacing a vehicle for which the annual City vehicle registration fee has already been paid.
Editor's note(s)—Ord. No. O-19-34, pt. VII, adopted December 17, 2019, repealed § 3.20.010. Former § 3.20.010 pertained to purchasing department—Established—Appointment, salary and bond of purchasing manager and derived from Ord. O-06-11 § 1 (part), adopted 2006.
Editor's note(s)—Ord. No. O-19-34, pt. VII, adopted December 17, 2019, repealed § 3.20.020. Former § 3.20.020 pertained to purchasing manager—Scope of purchasing authority and derived from Ord. O-06-11 § 1 (part), adopted 2006.
All using departments of the city shall file detailed estimates of their requirements in supplies, materials, equipment, and contractual services in such a manner, at such time, and for such future periods as the finance department shall prescribe. This shall in no wise prevent any using department from filing with the finance department at any time a requisition for supplies, materials, equipment, or contractual services, the need for which was not foreseen when the detailed estimates were filed.
(Ord. O-06-11 § 1 (part), 2006)
(Ord. O-06-11 § 1 (part), 2006; Ord. O-13-11, §§ I, II, 7-16-2013)
Whenever sealed bids are required by this chapter, the following procedure shall be observed:
(Ord. O-06-11 § 1 (part), 2006)
Whenever sealed bids are not required and unless otherwise provided by this chapter, the following procedure shall be observed:
(Ord. O-06-11 § 1 (part), 2006)
The finance department shall not issue any order for delivery on a contract or any open market order unless and until the department certifies that there is to the credit of each of the using departments concerned a sufficient appropriation balance, in excess of all unpaid obligations, to defray the cost of such supplies, materials, equipment, or contractual services. The finance director shall countersign all contract and open market orders.
(Ord. O-06-11 § 1 (part), 2006)
The using department shall inspect, or supervise the inspection of all deliveries of supplies, materials, equipment, or contractual services to determine their conformance with the specifications set forth in the order or contract, except that in the case of public works under the jurisdiction of the board of public works, the city engineer or director of public works shall inspect or supervise the inspection of such deliveries.
(Ord. O-06-11 § 1 (part), 2006)
The using department shall have the power to dispose of all surplus supplies, materials, and equipment not needed for public use or that may have become unsuitable for public use. Any such disposal shall be conducted in a manner which is in the best interest of the city, and shall not require approval of the common council.
(Ord. O-06-11 § 1 (part), 2006; Ord. O-09-03, Part I, 2-17-2009)
The finance department shall establish and from time to time amend all rules and regulations authorized by this chapter and any others necessary to its operations; such rules and regulations and amendments thereto shall be subject to the approval of the city administrator.
(Ord. O-06-11 § 1 (part), 2006)
The finance department shall keep accurate perpetual inventory records of all capital items and equipment owned and purchased by the city. Such inventory records shall be maintained within the general cost and accounting system of the city of Wauwatosa.
(Ord. O-06-11 § 1 (part), 2006)
All purchases for using department of the city covering any and all expenditures for supplies, materials, equipment, and services in an amount greater than five thousand dollars must be covered by a city purchase order or contract, except those purchases made by authorized use of a city purchasing card.
(Ord. O-06-11 § 1 (part), 2006)
Neither the finance department, nor any member of the finance department staff, shall be financially interested or have any personal benefit, either directly or indirectly, in any contract or purchase for any supplies, materials, equipment, or contractual services purchased by the city. Nor shall the any member of the finance department accept or receive, directly or indirectly, from any individual, firm or corporation to which any contract or purchase order may be awarded, any gifts, commission, compensation, or remuneration other than from the city of Wauwatosa in connection with the performance of their duties.
(Ord. O-06-11 § 1 (part), 2006)
Notwithstanding the provisions of this chapter, the finance department may make purchases from or in conjunction with another unit of government, including the state or federal government, or public cooperative buying group, provided the price of the purchase was set by open, competitive bids, without the intervention of city bids.
(Ord. O-06-11 § 1 (part), 2006)
In bids for the purchase of commodities or services in excess of one year, the specifications may allow the bidders to submit a proposal for an annual increase so long as the criteria for the increase is included in the bid.
(Ord. O-06-11 § 1 (part), 2006)
The common council may by resolution waive the bidding process for the purchase of specific commodities, products, equipment or services when it is deemed to be in the public interest. Such waiver may be done at any time and shall remain in effect until changed by the common council.
(Ord. O-06-11 § 1 (part), 2006)
Any class of public construction or any part thereof may be done directly by the city without submitting the same for bids, as provided in Section 62.15, Subsection (1) of the Wisconsin Statutes.
(Prior code § 16.09)
Editor's note(s)—Ord. No. O-19-34 , pt. XVIII, adopted December 17, 2019, amended ch. 3.28 in its entirety. Former ch. 28 pertained to similar subject matter and derived from the Prior Code, § 16.10 (part); Ord. O-81-100, § 1, adopted 1981 and Ord. O-93-65, § 1 (part), adopted 1993.
All bids for public construction as provided by Section 62.15 of the Wisconsin Statutes, shall be publicly opened and read at the time fixed in the notice of advertisement for bids, at the location specified in said notice, in the presence of representatives from the offices of the city clerk and the finance department, and such interested persons who desire to attend at that time.
Upon completion of the opening and reading of bids, appropriate city staff shall proceed to tabulate the same, and report the results of such tabulation to the board of public works, or such other body or department which may be appropriate, which shall take such action thereon as prescribed by law.
All moneys which shall be recovered as fines or forfeitures for the violation of any of the ordinances of the city of Wauwatosa shall be remitted within thirty days thereafter by the officer before whom the same shall be recovered, to the treasurer of the city, who shall give a receipt therefor.
(Prior code § 16.01(1); Ord. O-75-28 § 1, 1975)
All such moneys shall belong to the city of Wauwatosa and be placed in the general fund of its treasury, except as otherwise appropriated by statute.
(Prior code § 16.01(2))
Except as otherwise provided in Sections 15.10.150 and 15.50.100 of this code, all fees for licenses and permits in the amount of twenty-five dollars and under shall become the property of the city and shall not be refundable even though the application for such license or permit is not completed, is withdrawn prior to issuance of the license or permit or is denied by the proper authority.
(Prior code § 16.031(1); Ord. O-76-144 § 1, 1976)
(Prior code § 16.031(2); § 1 of Ord. dated August 1, 1972; Ord. O-76-144 § 2, 1976; Ord. O-87-41 § 1, 1987; Ord. O-87-62 § 1, 1987; Ord O-06-15 § 1, 2006)
The mayor shall not be required to countersign city order checks.
(Prior code § 16.04(1))
The city treasurer shall provide the city comptroller with a list of all such checks and the amounts thereof shall be credited by the city comptroller to the fund upon which they were originally drawn.
(Prior code § 16.04(2); Ord. 72-49 § 1, 1972)
Editor's note(s)—Ord. No. O-19-23, pt. XVII, adopted September 3, 2019, repealed ch. 3.44, § 3.44.010. Former ch. 3.44 pertained to access to safety deposit boxes and derived from § 16.03 of the prior code and Ord. No. O-15-07, pt. V, adopted February 17, 2015.
Pursuant to the authority granted by Chapter 72, Laws of 1949, amending Chapter 70.67(2) of the Wisconsin Statutes of 1947 the common council of the city of Wauwatosa agrees and binds the city of Wauwatosa to pay, in case the city treasurer, or his successor in office shall fail so to do, all taxes of any kind required by law to be paid by the city treasurer, or his successor in office to the county treasurer, or his successor in office.
(Prior code § 16.06)
The provisions of Section 66.0139 of the Wisconsin Statutes and all acts amendatory thereof and supplementary thereto, relating to the disposition of abandoned property, are adopted by reference.
(Ord. O-89-23 § 1 (part), 1989; Ord. O-02-1 § 1 (part), 2002)
(Ord. O-06-10 § 1, 2006)
(Ord. O-89-23 § 1 (part), 1989)
(Ord. O-89-23 § 1 (part), 1989)
Whereas Wisconsin Statutes Sections 66.1101 and 66.1103 set forth the procedure and authorize municipalities to issue industrial revenue bonds for qualified projects and, whereas there are administrative expenses incurred by the municipality in receiving and processing such industrial revenue bonds, which costs should not be borne by the municipality's taxpayers, and the declared purpose of this chapter is to affix a fee which is deemed to be reasonably related to the costs incurred by the city in processing applications for municipal industrial revenue bonds.
(Ord. O-80-59 § l (part) 1980; Ord. O-02-1 § 1 (part), 2002)
Any person, firm or corporation who files an application with the city of Wauwatosa requesting the issuance of municipal industrial revenue bonds shall pay a nonrefundable fee of one thousand five hundred dollars to the city treasurer prior to the application being submitted to the common council.
There shall be paid to the city treasurer subsequent to the common council's adoption of the initial or comfort resolution and prior to the adoption of the final resolution a fee of:
(Ord. O-80-59 § l (part), 1980; Ord. O-84-55 § 1, 1984)
Editor's note(s)—Ord. No. O-11-04, § III, adopted April 19, 2011, repealed § Ch. 3.58, which pertained to fees for developments under the City of Wauwatosa Housing Authority and derived from Ord. No. O-85-68, § 1, adopted 1985.
In accordance with Wisconsin Statutes 66.0811(2) the allocation of anticipated revenues with the water utility's projected expenditures shall be as follows:
(Ord. O-85-61 § 1, 1985; Ord. O-85-80 § 1, 1985; Ord. O-02-1 § 1 (part), 2002)
Editor's note(s)—Ord. No. O-11-04, § IV, adopted April 19, 2011, amended Ch. 3.62 title to read as herein set out. Former Ch. 3.62 title pertained to fees for loans by the redevelopment authority.
Whereas Section 66.1335 of the Wisconsin Statutes sets forth the authority and procedure of the city to create a community development authority; and whereas there are administrative expenses incurred by the municipality in receiving and processing development plans to be constructed under authority of the community development authority, which costs should not be borne by the city's taxpayers; it is the declared purpose of this chapter to affix a fee which is deemed to be reasonably related to the costs incurred.
(Ord. O-85-68 § 1 (part), 1985; Ord. O-02-1 § 1 (part), 2002; Ord. O-11-04, § III, 4-19-2011)
Editor's note(s)—Ord. No. O-11-04, § III, adopted April 19, 2011, included provisions that renumbered § 3.58.010 as § 3.62.005, as set out herein.
Any person, firm or corporation who files an application for the development of a project with the Wauwatosa community development authority shall pay a nonrefundable fee of one thousand five hundred dollars to the Wauwatosa community development authority prior to the application being accepted. Such fee shall be paid to the city treasurer on behalf of the Wauwatosa community development authority. Prior to the issuance of any city permit, the following fee shall be paid to the Wauwatosa community development authority:
(Ord. O-85-69 § l (part), 1985; Ord. O-11-04, § IV, 4-19-2011)
The fee referred to in 3.62.010 shall constitute the basis of the city's expense for handling and assisting the Wauwatosa community development authority with each project development. Such fee shall be used to reimburse the city for such expense.
(Ord. O-85-69 § 1 (part), 1985; Ord. O-11-04, § IV, 4-19-2011)
Editor's note(s)—Ord. No. O-11-04, § IV, adopted April 19, 2011, amended § 3.62.020 title to read as herein set out. Former § 3.62.020 title pertained to redevelopment authority to reimburse city.
Editor's note(s)—Ord. No. O-19-23, pt. XVIII, adopted September 3, 2019, repealed title 5, ch. 5.04, §§ 5.04.010—5.04.470. Former title 5 pertained to cable television and derived from Ord. O-04-08, § 1 (part), adopted 2004.
The license year in the city of Wauwatosa shall begin on July 1st in each year and terminate on June 30th in the next year.
(Prior code § 6.01(1))
Unless otherwise prescribed by law, all annual licenses issued under authority of the common council of the city of Wauwatosa shall expire June 30 following the date of issue unless sooner revoked for cause.
(Prior code § 6.01(2))
Any applications for renewal of a license under this chapter after the termination date shall be subject to a late filling fee for each late license application and as set forth in the fee schedule.
(Ord. O-77-54 § 1 (part), 1977; Ord. O-08-24 § 3, 2008)
(Ord. O-86-31 § 1, 1986)
(Ord. O-90-18 § 1, 1990; Ord. O-08-24 § 4, 2008)
No ordinance of the city of Wauwatosa nor any other municipal ordinance, shall mandate that any business entity, other than the city itself, provide certain wages or benefits to its employees or set forth the amount or type of any employee wages or benefits provided by an employer located within the city limits.
(Ord. O-09-01, Part I, 2-17-2009)
(Ord. O-89-37 § 1 (part), 1989)
(Ord. O-89-37 § 1 (part), 1989; Ord. O-97-45 § 1, 1997)
No person shall, within the city of Wauwatosa, sell alcohol beverages as defined in Subsection 6.08.020A. without first procuring a license to do so as hereinafter provided. The specific fee amounts are contained in the fee schedule resolution adopted annually by the common council. A copy of the prevailing resolution may be obtained from the city clerk.
(Ord. O-89-37 § 1 (part), 1989; Ord. O-94-55 § 1, 1994)
Applications for licenses for retail sales of alcohol beverages shall be made to the city clerk of the city of Wauwatosa by use of the application forms created by the Wisconsin Department of Revenue, Division of Alcohol Beverages, pursuant to sec 125.04(3) of the Wisconsin Statutes.
(Ord. O-89-37 § 1 (part), 1989)
(Ord. O-89-37 § 1 (part), 1989; Ord. O-94-55 § 2, 1994)
(Ord. O-89-37 § 1 (part), 1989; Ord. O-09-19, § I, 3-15-2009; Ord. O-13-15, § I, 10-1-2013)
No Class “A” or "Class A" license may be granted for any premises where gasoline or diesel fuel is sold at retail in connection with the premises, except that this restriction does not apply if the premises for which the Class “A” or "Class A" license is issued is connected to premises where gasoline or diesel fuel is sold at retail by a secondary doorway that serves as a safety exit and is not the primary entrance to the licensed premises.
No license shall be granted to any person who has not attained the legal drinking age except that operators' licenses may be issued to applicants who have attained the age of eighteen years and who are residents of the state at the time of application.
(Ord. O-89-37 § 1 (part), 1989)
All applications for alcohol beverage licenses shall be accompanied by the required fee for such license which shall be deposited with the city treasurer.
(Ord. O-89-37 § 1 (part), 1989)
(Ord. O-89-37 § 1 (part), 1989; Ord. O-13-15, § II, 10-1-2013)
(Ord. O-94-56 § 1, 1994; Ord. O-13-15, § III, 10-1-2013)
Every license issued pursuant to this chapter and Chapter 125, Wisconsin Statutes, shall be posted while in force in a conspicuous place in the room or place where intoxicating liquors are kept for sale. It is unlawful for any person to post such license, or to be permitted to post such, upon premises other than those mentioned in the application, or knowingly to deface or destroy such license, or to remove such without the consent of the license holder.
(Ord. O-89-37 § 1 (part), 1989; Ord. O-94-55 § 3, 1994)
No liquor license shall be transferable either as to licensee or location, except as provided by subsection 125.04(12) of the Wisconsin Statutes, and except that the common council may authorize a transfer of location if the licensed premises shall become unsuitable for occupancy.
(Ord. O-89-37 § 1 (part), 1989)
(Ord. O-89-37 § 1 (part), 1989; Ord. O-03-25 § 1, 2003)
(Ord. O-89-37 § 1 (part), 1989)
(Ord. O-92-33 § 1, 1992)
Section 6.08.140 shall not apply to employees of class "A" and wholesalers' licenses while handling such commodities in unopened containers in the course of their employment.
(Ord. O-89-37 § 1 (part), 1989)
Any underage person who represents that he or she is of age for the purpose of asking for or receiving any alcoholic beverages from any keeper of any place of any name whatsoever for the sale of alcoholic beverages, except in cases authorized by law, shall be subject to the penalties contained in Section 125.07(4), Wisconsin Statutes.
(Ord. O-89-37 § 1 (part), 1989)
(Ord. O-89-37 § 1 (part), 1989; Ord. O-96-28 § 1, 1996)
(Ord. O-97-45 § 3, 1997)
In addition to any other penalty, and in addition to the power of the common council to revoke such license, the court may revoke or suspend a license after a hearing and upon a finding of cause.
(Ord. O-89-37 § 1 (part), 1989)
Twelve months shall elapse before any alcohol beverage license shall be granted to any person whose license was revoked.
(Ord. O-89-37 § 1 (part), 1989)
(Ord. O-89-37 § 1 (part), 1989)
All applications for licenses under this chapter except temporary class "B" beer and wine licenses shall be referred promptly to the chief of police of the city of Wauwatosa for investigation and report, and no such application shall be approved by the common council until accompanied by the report of the chief of police in writing. The city clerk shall transmit the police chief's report with the application for the license to the common council at the first regular meeting thereof thereafter to be held.
(Ord. O-89-37 § 1 (part), 1989)
(Ord. O-89-37 § 1 (part), 1989; Ord. O-03-25 § 2, 2003)
It is declared that the intent of this section is to prohibit the consumption of alcohol beverages on licensed premises after the closing hours whether such beverages have been purchased on the premises or off.
Toward this end it is ordained as follows:
(Ord. O-89-37 § 1 (part), 1989)
(Ord. O-89-37 § 1 (part), 1989; Ord. O-94-55 § 4, 1994; Ord. O-13-15, § IV, 10-1-2013)
(Ord. O-89-37 § 1 (part), 1989; Ord. O-94-55 § 5, 1994; Ord. O-13-15, § V, 10-1-2013)
Except in the case of a "Class B" liquor license, any application for renewal of a license under this chapter after the termination date shall be subject to a late filing fee as reflected in the consolidated fee schedule per late license application. Any "Class B" liquor license for which an application for renewal has not been filed prior to its expiration date shall be deemed surrendered.
(Ord. O-97-45 § 2, 1997)
Whenever a license or permit shall be lost or destroyed without fault on the part of the holder or his agent or employee, a duplicate in lieu thereof under the original application shall be issued by the city clerk on satisfying himself as to the facts, upon payment of a fee as set forth in the consolidated fee schedule, and upon which license shall be noted that the same is a duplicate.
(Ord. O-89-37 § 1 (part), 1989)
Each premises shall be conducted in a sanitary manner and shall be a safe and proper place for the purpose for which used.
(Ord. O-89-37 § 1 (part), 1989)
No person, firm, or corporation shall vend, sell, deal, or traffic in, or, for the purpose of evading any law or ordinance, give away any fermented malt beverages in any quantity whatever, or cause the same to be done, without having procured a license as provided in Sections 6.08.030 to 6.08.370 nor without complying with all of the provisions of Sections 6.08.030 to 6.08.370, and all statutes, ordinances and regulations applicable thereto. No license shall be issued to any person, firm or corporation for the purpose of possessing, selling, or offering for sale any fermented malt beverages in any residence, flat, or residential apartment.
(Ord. O-89-37 § 1 (part), 1989)
There shall be three classes of licenses as follows:
(Ord. O-89-37 § 1 (part), 1989; Ord. O-94-35 § 1, 1994; Ord. O-94-55 § 6, 1994; Ord. O-97-37 § 1, 1997; Ord. O-00-8 §§ 1, 2, 2000)
No Class “B" license may be granted for any premises where any other business is conducted in connection with the premises, except that this restriction does not apply if the premises for which the Class “B" license is issued is connected to premises where other business is conducted by a secondary doorway that serves as a safety exit and is not the primary entrance to the Class “B" premises. No other business may be conducted on premises operating under a Class “B" license. These restrictions do not apply to any of the following:
A. A hotel. B. A restaurant, whether or not it is a part of or located in any mercantile establishment. C. A combination grocery store and tavern. D. A combination novelty store and tavern. E. A bowling center or recreation premises. F. A club, society or lodge that has been in existence for 6 months or more prior to the date of filing application for the Class “B" license. G. A movie theater. H. A painting studio. I. An axe throwing facility.
(Ord. O-89-37 § 1 (part), 1989)
(Ord. O-89-37 § 1 (part), 1989; Ord. O-94-55 § 7, 1994)
(Ord. O-89-37 § 1 (part), 1989)
(Ord. O-89-37 § 1 (part), 1989; Ord. O-92-35 §§ 1, 2, 1992)
There shall be three classes of licenses:
(Ord. O-89-37 § 1 (part), 1989; Ord. O-94-55 § 8, 1994; Ord. O-03-25 § 3, 2003; Ord. O-05-23 § 1, 2005)
(Ord. O-03-25 § 4, 2003)
No person, firm or corporation shall vend, sell, deal or traffic in, or, for the purpose of evading any law or ordinance, give away any intoxicating liquor in any quantity whatever, or cause the same to be done, without having procured a license as provided in Sections 6.08.030 to 6.08.500 nor without complying with all of the provisions of Sections 6.08.030 to 6.08.500, and all statutes, ordinances and regulations applicable thereto. No license shall be issued to any person, firm or corporation for the purpose of possessing, selling or offering for sale any intoxicating liquor in any residence, flat or residential apartment.
(Ord. O-89-37 § 1 (part), 1989)
The city clerk shall notify the city treasurer, chief of police, health commissioner and chief of the fire department of each application, and these officials shall inspect or cause to be inspected each application and the premises, together with such other investigation as shall be necessary to determine whether the applicant and the premises sought to be licensed comply with the regulation, ordinances and laws applicable thereto, including those governing sanitation in restaurants, whether the applicant is the proper recipient of a license. These officials shall each furnish to the common council, in writing, the information derived from such investigation, accompanied by a recommendation as to whether a license should be granted or refused. No license shall be renewed without a reinspection of the premises and report as originally required. In determining the suitability of an applicant, consideration shall be given to the moral character and financial responsibility of the applicant, the appropriateness of the location and premises proposed, and generally the applicant's fitness for the trust to be reposed.
(Ord. O-89-37 § 1 (part), 1989; Ord. O-93-13 § 1, 1993)
No person other than the licensee shall be permitted to sell, deal or traffic in intoxicating liquors in any place under a retail "Class A" liquor license unless he or she has an operator's license, operator's permit or unless he or she is a member of the immediate family of the licensee who is of legal drinking age or unless he or she is under the immediate supervision of the licensee or of a person holding an operator's license or operator's permit.
(Ord. O-89-37 § 1 (part), 1989; Ord. O-03-25 § 5, 2003)
No premises for which a license for retail sale of intoxicating liquor has been issued shall be permitted to remain open for the sale of liquor:
(Ord. O-89-37 § 1 (part), 1989; Ord. O-92-36 § 1, 1992; Ord. O-03-25 § 6, 2003)
No retail class "B" or class "C" license shall be issued unless the premises to be licensed conform to the rules and regulations of the State Board of Health applicable to restaurants as contemplated in subsection (5) of Section 125.68 of the Wisconsin Statutes, and also conform to all ordinances and regulations adopted by the city.
(Ord. O-89-37 § 1 (part), 1989; Ord. O-03-25 § 7, 2003)
All retail class "A" class "B" and class "C" licenses granted hereunder shall be granted subject to the following conditions, and all other conditions of Sections 6.08.220 to 6.08.440 of this chapter, and subject to all other ordinances and regulations of this city applicable thereto:
(Ord. O-89-37 § 1 (part), 1989; Ord. O-03-25 § 8, 2003)
(Ord. O-97-45 § 4, 1997; Ord. O-14-19, § I, 7-15-14)
No license or permit holder hereunder and no keeper of any place of any name whatsoever for the sale of intoxicating liquors shall sell, vend or in any way deal or traffic in, or for the purpose of evading Sections 6.08.400 to 6.08.500 give away any such liquors in any quantity whatsoever to or with any person under the legal drinking age whether upon written order of a parent or guardian or in any other manner whatsoever.
(Ord. O-89-37 § 1 (part), 1989)
A violation of Sections 6.08.400 to 6.08.500 by a duly authorized agent or employee of a licensee or permit holder shall constitute a violation by the licensee or permit holder. Whenever the holder of any license or permit under Sections 6.08.400 to 6.08.500 violates any portion of Sections 6.08.400 to 6.08.500 or any regulation adopted pursuant thereto, proceedings for the revocation of the license or permit may be instituted in the manner and under the procedure established by Sections 125.12(a)(b) and (c) of the Wisconsin Statutes, and the provision therein relating to granting a new license shall likewise be applicable.
(Ord. O-89-37 § 1 (part), 1989)
(Ord. O-89-37 § 1 (part), 1989; Ord. O-03-25 § 9, 2003)
(Ord. O-03-25 § 10, 2003)
A temporary operator's license as authorized by Section 125.17(4), Wisconsin Statutes, may be issued to an applicant by the city clerk upon the following conditions:
(Ord. O-89-37 § 1 (part), 1989; Ord. O-96-23 § 1, 1996)
No person shall sell cigarettes, electronic vaping devices, or tobacco products in the city without first obtaining a license from the city clerk. The provisions of Section 134.65 Wisconsin Statutes are hereby adopted and made a part of this section by reference. All current provisions of this code, including but not limited to Chapters 8.12 and 8.70, shall continue to be fully in force and in effect.
The license fee shall be as specified in the Consolidated Fee Schedule adopted annually by the Common Council.
Any person, firm, partnership, or corporation who violates any part of this chapter shall be subject to the general penalty provisions of this code.
No person, firm or corporation shall place or keep an amusement device or pinball machine in the city of Wauwatosa without first having obtained a license therefor upon application showing ownership thereof and where the same shall be located. Such license shall not be assignable. A license must be obtained for each amusement device or pinball machine.
(Prior code § 1.07(1); § 2 (part) of Ord. dated March 16, 1971)
Subject to the approval required in Section 6.12.010, such license shall be issued by the city clerk upon payment of the fee for such license, provided that the applicant shall not have due and owing to the city of Wauwatosa any personal property taxes. If five or more such machines are located in one premises, each machine shall, in addition to the provisions of this chapter, require the approval of the government affairs committee prior to the issuance of such license.
The annual license shall have a term commencing July 1st through June 30th of each year.
(Ord. O-08-24 § 5, 2008)
The fee for such license shall be as shown in the fee schedule per year or fraction thereof for each amusement device or pinball machine.
(Prior code § 1.07(3); § 2 (part) of Ord. dated March 16, 1971; Ord. O-82-34 § 2, 1982; Ord. O-94-55 § 10, 1994)
This chapter shall not apply to operators of amusement devices or pinball machines in private homes, municipal buildings, schools, churches or fraternal halls or clubrooms used in connection with the work of fraternal orders.
(Prior code § 1.07(4); § 2 (part) of Ord. dated March 16, 1971)
(Ord. 73-124 § 1, 1973; Ord. O-81-101 § 2, 1981; Ord. O-82-34 § 3, 1982; Ord. O-94-27 § 1, 1994)
Editor's note(s)—Ord. No. O-19-23, pt. XVIII, adopted September 3, 2019, repealed § 6.12.061. Former § 6.12.061 pertained to temporary amusement arcade and amusement device permits and derived from Ord. O-83-56 § 1, adopted 1983.
Licenses issued under this chapter shall expire on June thirtieth of each year. Any application for renewal of a license under this chapter after the termination date shall be subject to a late filing fee as reflected in the consolidated fee schedule per late license application.
(Ord. O-82-34 § 4, 1982)
(Ord. O-82-34 § 5 (part), 1982)
No person shall shoot with, or discharge in or upon any street, alley, public grounds or parks within the city of Wauwatosa, any bow, spring gun, or other similar device which is calculated or intended to propel or project an arrow or other projectile, nor in or upon any private grounds or building where the projectile propelled or discharged by the use of such bow or similar device may endanger the life, limb or property of another, or will traverse any part of any street, alley, public grounds or parks; provided, however, that nothing in this section shall prevent the shooting with or discharging of bows or implements used in the practice of archery or implements for propelling arrows in or upon such properly supervised public areas as may be set aside and designated for that purpose by proper authority having jurisdiction and control over such public areas, or in or upon properly supervised private archery ranges constructed and maintained in such a manner as not to endanger life, limb or property, or to any shooting galleries using air rifles when such shooting galleries are constructed and maintained as required by the building inspector so as not to endanger life, limb or property.
(Prior code § 6.061(1))
Any person violating the provisions of this chapter shall be subject to the general penalty provisions of this code.
(Ord. O-72-22 § 1, 1978)
(Ord. O-21-22, pt. I, adopted October 5, 2021, repealed ch. 6.24, §§ 6.24.010—6.24.060. Former ch. 6.24 pertained to bowling alleys and derived from §§ 1.06(1)—(4) of the prior code; § 3 of Ord. adopted March 16, 1971; Ord. O-76-109 § 1, adopted 1976; Ord. O-77-54 § 1 (part), adopted 1977; Ord. O-94-55 § 11, adopted 1994; and Ord. O-15-10, § III, adopted March 17, 2015)
(Ord. O-21-22, pt. II, adopted October 5, 2021, repealed ch. 6.28, §§ 6.28.010—6.28.060. Former ch. 6.28 pertained to dancehalls and derived from Ord. O-77-36 § 1 (part), adopted 1977; Ord. O-77-54 § 1 (part), adopted 1977; Ord. O-84-13, § 1, adopted 1984; Ord. O-94-28 § 1, adopted 1994; Ord. O-99-33 § 1, adopted 1999; Ord. O-15-07, § V, adopted February 17, 2015; and Ord. O-15-10, § IV, adopted March 17, 2015)
Editor's note(s)—Ord. No. O-19-23, pt. XVIII, adopted September 3, 2019, repealed ch. 6.32, §§ 6.32.010—6.32.130. Former ch. 6.32 pertained to dry cleaning establishments and derived from § 6.12(1)—(7)(a) of the prior code; Ord. O-77-54, § 1 (part), adopted 1977; Ord. O-77-56, § 1, adopted 1977; Ord. No. O-15-07, § V, adopted February 17, 2015; and Ord. No. O-15-10, § V, adopted March 17, 2015.
Unless otherwise provided in this chapter, no person, firm or corporation shall, except for family use only, keep, store, process, manufacture, offer for sale, sell, or dispense food, milk or milk products in any building or upon any premises located in the city of Wauwatosa unless such person, firm or corporation has first obtained a license so to do for each location at which food, milk or milk products are so kept, stored, processed, manufactured, offered for sale, sold or dispensed.
(Prior code § 6.036(1))
Applications for food licenses shall be made to the city health department in writing and shall include the full name or names of the person, firm or corporation making application, business address of such applicant, nature of business to be licensed, location of business to be licensed and, if a corporation, the full names and addresses of its officers and manager or managers.
(Prior code § 6.036(2); Ord. O-12-07, § I, 2-7-2012)
Such license shall be issued by the city health department upon payment of the fee herein provided and after the health officer of the city of Wauwatosa has certified that the facilities for the manufacture, sale or dispensing of food meet the requirements of all applicable ordinances and statutes and regulations thereunder, including but not limited thereto, regulations of the Wisconsin Industrial Commission, Wisconsin State Department of Agriculture and Wisconsin State Board of Health, and further provided, that the applicant shall not have due and owing any personal property taxes to the city of Wauwatosa.
(Prior code § 6.036(3); Ord. O-12-07, § II, 2-7-2012)
Such license shall be issued only to a person of good moral character who shall be a resident of the state of Wisconsin and who has not shown through past actions or conduct a failure or reluctance to comply with the food handling requirements or sanitation requirements of the city or other governmental body, nor has been involved in actions adversely affecting public health or safety. In the case of a corporation, such requirements shall apply to its manager or managers.
(Ord. O-83-28 § 2, 1983)
All licenses issued hereunder shall immediately be posted in some conspicuous part of the location licensed hereunder and shall remain so posted during the period for which the license is in force.
(Prior code § 6.036(5))
The health officer of the city of Wauwatosa is hereby given the right, by himself, or his representative, to enter all places for which a food license has been issued, at reasonable times, for the purpose of making inspections. If, upon such inspection, the health officer finds that any licensed place is conducted or managed in violation of the ordinances or regulations of the city of Wauwatosa, or the laws of the state of Wisconsin, or the regulations of any agency of the state of Wisconsin prescribing standards of health or sanitation, it shall be the duty of the health officer to serve an order upon the licensee, his agent or employee in charge of the licensed premises, directing him within a certain reasonable time, not to exceed ten days, to comply with said ordinances, statutes or regulations.
(Prior code § 6.036(6)(a); Ord. O-12-07, § III, 2-7-2012)
When the conduct of any licensee, agent or employee is so inimicable to the public health as to constitute a serious menace to the public health if not terminated immediately, the health officer shall summarily suspend the license issued for premises wherein such condition exists. Notice in writing shall be immediately served upon such licensee, his agent or employee in charge of such licensed premises that the license for such premises is suspended and that a hearing on such suspension will be held before the committee on government affairs on a date designated, which shall not be more than three days from the date of suspension, a place designated in such notice, to determine whether the license shall be revoked or reinstated.
(Prior code § 6.036(6)(b); Ord. O-12-07, § IV, 2-7-2012)
There shall be no refund of any portion of the license fee in the event of the revocation or suspension of a license issued pursuant to this chapter.
(Prior code § 6.036(6)(c))
Any person, firm or corporation selling or otherwise dealing in food, milk or milk products exclusively from vending machines and who is required to obtain a license pursuant to the provisions of Chapter 6.80 of this title shall not be required to obtain a license under this chapter.
(Prior code § 6.036(7))
The annual fee for the license provided in this chapter shall be paid to the city health department and shall be as shown in the fee schedule, payable to the city treasurer, whereupon the city health department shall issue such license, which shall be good for the period ending the 30th day of June following the date of issue and delivery of the same to the license. Anticipated gross annual food sales as referred to in the fee schedule shall be based upon food sales and/or food preparation within the city.
(Ord. O-87-26 § 1, 1987; Ord. O-94-55 § 12, 1994; Ord. O-12-07, § V, 2-7-2012)
Nonprofit, charitable organizations holding occasional fundraising sale, such as bake sales, shall be exempt from the licensing requirement of this chapter, provided such proceeds are to be used exclusively for charitable purposes.
(Ord. O-84-37 § 1, 1984)
Any application for renewal of a license under this chapter after the termination date shall be subject to a late filing fee as reflected in the consolidated fee schedule per late license application.
(Ord. O-77-54 § 1 (part), 1977)
Application for soda water license shall be made in writing to the city health department who shall issue such license to the applicant upon payment of the fee for such license; provided that the applicant shall not have due and owing any personal property taxes to the city of Wauwatosa.
(Ord. O-85-36 § 1, 1985; Ord. O-12-07, § VI, 2-7-2012)
The purpose of this section is to establish rules and regulations governing placement, operation and maintenance of dining facilities in the public right of way. Such uses are a privilege and welcome in the public way under limited circumstances, but must also ensure that convenience, safety and general access for pedestrians and other users will be maintained.
It shall be unlawful for any person to use the public right-of-way as a sidewalk café without first obtaining a sidewalk café permit as required by the section.
Application for a sidewalk café permit shall be made to the city clerk. An application shall include both a written plan of operation and a plan drawing.
Changes to the plan of operation as submitted with the application shall be submitted to the director of public works in advance of such changes taking place, and may be subject to denial if not in compliance with this section.
The fee for a sidewalk café permit shall be as described in the consolidated fee schedule and shall provide differing fee amounts based upon size and other relevant factors affecting the impact of the sidewalk café upon city operations and use of the public right-of-way.
Sidewalk café permit holders shall be solely liable for any and all damages to persons or property by reason of the granting of the permit and the privilege of using the public right of way, and shall hold the City of Wauwatosa, its officers and employees harmless from any and all causes of action, damages and judgments, all of whatsoever kind, arising out of the granting of the permit.
Sidewalk café permits may be issued to qualified applicants only after approval of the board of public works. Appeals, requests for any modification to the decision of the board of public works, regarding a permit or the specific conditions attached to a permit, or issuance of a permit with conditions approved by the board of public works which are not in strict compliance with this section, may be heard by the committee on community affairs, subject to final approval by the common council.
A sidewalk café permit shall expire on June 30. Shorter term permits for the use of public spaces or right-of-way may be issued by the director of public works under specific guidelines and fee schedule to be created as described below.
Each permit shall be displayed in proximity to the sidewalk seating area so that it is visible from the public sidewalk.
Sidewalk café permits may be transferred to the new owners or operators of a previously permitted premises, provided the new permittee otherwise meets the qualifications for a permit holder and all other permit and licensing requirements are met.
Application for renewal of a permit shall be made to the city clerk prior to April 30 of each calendar year. The city clerk shall refer the application to director of public works. Notice of the renewal application shall be forwarded by staff to the alderpersons for the district in which the sidewalk café is located and to the common council president. If the applicant still meets the permitting qualifications, the permit shall be issued unless a written objection has been filed with the director of public works or the city clerk, or staff note any irregularities requiring further review prior to renewal, in which case the renewal shall be treated in the same manner as a new permit application.
Any permit issued under this section may be suspended or revoked for cause by the common council after notice to the permit holder and a hearing before the committee on community affairs. In the case of circumstances affecting life or safety, staff may immediately suspend the permit until such conditions are corrected, until a committee hearing can be conducted.
Permittees shall comply with all rules and regulations prescribed by the director of public works, who shall publish guidelines regarding hours of operation, pedestrian access and other rules necessary to provide that the operation of sidewalk café spaces integrates appropriately into the surrounding community and provides appropriate access to all users of public spaces.
A "sidewalk café" may include the use of an on street parking area on a temporary basis, provided that the permit for use of the on street space is approved by the common council, and all other permit requirements are met, including any special regulatory provisions which may be required by the director of public works for this purpose.
Mobile food establishments utilizing legal on-street parking locations in compliance with section 8.32.160 or other provisions of this Code on a day-to-day basis are not required to obtain a permit under this section.
The director of public works in administering the previous section shall refer to any guidelines which may have been adopted by the common council. These guidelines may include standards regarding the location, design and operation of sidewalk dining areas.
The permit holder shall remove all tables, chairs, fencing and other material associated with the sidewalk café and restore the public way whenever public necessity so requires, as determined by the director of public works, or upon expiration of the permit. In addition, the director of public works may order the temporary removal of sidewalk dining facilities for major civic events, emergency repairs or other public improvements. The permit holder shall not be entitled to any damages when/if removal is required.
The director of public works may only issue sidewalk café permits when the affiliated food or beverage establishment, including the outdoor dining component, has been approved pursuant to the zoning regulations of the city. If an outdoor dining use has been approved in the public right of way by the common council, such approval shall require a sidewalk café permit to be issued by the director of public works, and shall be subject to applicable regulations of this section.
In order to construct and operate a sidewalk café, certain other associated city permits or approvals may be required (e.g. building permit, extension of alcohol beverage premises license, health permit). Issuance of a sidewalk café permit does not alter the need to obtain any associated required permits. Any loss or suspension of a required permit shall also result in the automatic suspension of the sidewalk café permit issued under this section.
A "hotel" or "motel" is a building or group of buildings in which board and/or lodging are provided and offered to the public for compensation, open to transient guests, in contradistinction to a boardinghouse or a lodginghouse.
(Prior code § 6.11(1))
No person, firm or corporation shall operate a hotel or motel without first obtaining a license as provided in this chapter.
(Prior code § 6.11(2)(a))
The license shall be applied for and issued to the person responsible for the hotel or motel to be licensed. Such person shall make written application for the license to the city health department. The building, fire, and health inspectors shall make an inspection of the premises sought to be licensed and, if the hotel or motel meets the requirements of this chapter and state regulations, recommendation shall be made by said inspectors to the health department. All licenses so issued shall expire on June 30th of each year.
(Prior code § 6.11(2)(b); Ord. O-85-47 § 1, 1985; Ord. O-85-49 § 1, 1985; Ord. O-93-13 § 3, 1993; Ord. O-14-16, § I, 6-3-2014)
The license shall be and remain conspicuously posted in the office or public hallway of the hotel or motel licensed.
(Prior code § 6.11(2)(c))
The license shall be issued by the health department at the annual rate as shown in the consolidated fee schedule.
(Prior code § 6.11(2)(d); Ord. O-76-110 § 1, 1976; Ord. O-94-55 § 13, 1994; Ord. O-14-16, § I, 6-3-2014)
The health department under authority delegated by the common council may issue or deny the license upon receiving a favorable report from the building, fire, and health inspectors and police. Licenses may be renewed July 1 of each year by the health department upon written application and payment of the fee. Any license granted hereunder may be revoked by the common council for failure to comply with requirements of this chapter and state regulations. No license shall be transferable, and every person shall notify the health department in writing within twenty-four hours after having relinquished such proprietorship, stating to whom it has been sold, transferred, or given or otherwise disposed of, such interest or control in any such hotel or motel.
(Prior code § 6.11 (2)(e); Ord. O-85-48 § 1, 1985; Ord. O-14-16, § I, 6-3-2014)
The common council has the authority to temporarily suspend any license granted under the provisions of this chapter for a period of time as determined by the government affairs committee. Failure of a licensee to pay to the city the room tax as provided for and in accordance with Chapter 3.16 of this code shall, by itself, constitute sufficient cause for suspension if unpaid for thirty days or more. When such delinquency is alleged to exist, the government affairs committee shall hold a hearing, at which time the facts pertaining to the tax arrearage or delinquency shall be considered, and the licensee shall have an opportunity to appear and present any facts relevant thereto. Following such hearing, the common council, upon the recommendation of the government affairs committee, may for sufficient cause suspend such license. A license so suspended shall be reinstated upon full payment of all delinquent taxes, penalties and interest owed thereon.
(Ord. O-83-9 § 1, 1983)
Before any license is issued, it shall be required that all ordinances pertaining to uses and buildings, as are specified in the city of Wauwatosa and state of Wisconsin laws are complied with. This shall include any special state orders, specifically the State Board of Health regulations on "Hotels and Tourist Rooming Houses" and any amendments thereto.
(Prior code § 6.11(3)(a))
Space for parking on the premises shall be at such rate as may be established for the zone wherein located, but shall not be less than a ratio of one parking space for each room designed and intended to be used for sleeping, and shall be in addition to parking required for any other purposes and as may be directed by the board of public works whose approval of the parking must be obtained prior to any issuance of licenses or building permits.
(Prior code § 6.11(3)(b))
Any application for renewal of a license under this chapter after the termination date shall be subject to a late filing fee as reflected in the consolidated fee schedule per late license application.
(Ord. O-77-54 § 1 (part), 1977)
Chapter HSS 195 of the Wisconsin Administrative Code pertaining to hotels and tourist roominghouses is adopted by reference as though fully set forth herein. The fee to be charged under this ordinance is that provided in the State Statutes.
(Ord. O-85-38 § 1, 1985)
"Bed and breakfast establishment" means any place of lodging that provides four or fewer rooms for rent for more than ten nights in a twelve-month period, is the owner's personal residence, is occupied by the owner at the time of rental and in which the only meal served to guests is breakfast.
(Ord. O-95-32 § 1 (part), 1995)
No person, firm or corporation shall operate a bed and breakfast establishment without first obtaining a license as provided in this chapter.
(Ord. O-95-32 § 1 (part), 1995)
The license shall be applied for and issued to the person responsible for the bed and breakfast establishment to be licensed. Such person shall make written application for the license to the city health department. The health and the fire inspectors shall make an inspection of the premises sought to be licensed and, if the establishment meets the requirements of this chapter and state regulations, recommendation shall be made by said inspectors to the health department. All licenses so issued shall expire on June 30th of each year.
(Ord. O-95-32 § 1 (part), 1995; Ord. O-14-16, § II, 6-3-2014)
The license shall be and remain conspicuously posted in the office or public hallway of the bed and breakfast establishment licensed.
(Ord. O-95-32 § 1 (part), 1995)
The license shall be issued by the health department at the annual rate as shown in the consolidated fee schedule.
(Ord. O-95-32 § 1 (part), 1995; Ord. O-14-16, § II, 6-3-2014)
The health department under authority delegated by the common council may issue or deny the license upon receiving a favorable report from the health and fire inspectors. Licenses may be renewed July 1st of each year by the health department upon written application and payment of the fee. Any license granted hereunder may be revoked by the common council for failure to comply with the requirements of this chapter and state regulations. No license shall be transferable.
(Ord. O-95-32 § 1 (part), 1995; Ord. O-14-16, § II, 6-3-2014)
The common council has the authority to temporarily suspend any license granted under the provisions of this chapter for a period of time as determined by the government affairs committee. Failure of a licensee to pay to the city the room tax as provided for and in accordance with Chapter 3.16 of this code shall, by itself, constitute sufficient cause for suspension if unpaid for thirty days or more. When such delinquency is alleged to exist, the government affairs committee shall hold a hearing, at which time the facts pertaining to the tax arrearage or delinquency shall be considered, and the licensee shall have an opportunity to appear and present any facts relevant thereto. Following such hearing, the common council, upon the recommendation of the government affairs committee, may for sufficient cause suspend such license. A license so suspended shall be reinstated upon full payment of all delinquent taxes, penalties and interest owed thereon.
(Ord. O-95-32 § 1 (part), 1995)
Before any license is issued, it shall be required that all ordinances pertaining to uses and buildings, as are specified in the city of Wauwatosa and state of Wisconsin laws are complied with. This shall include any special state orders, specifically the State Board of Health regulations HSS 197 Bed and Breakfast Establishments and any amendments thereto.
(Ord. O-95-32 § 1 (part), 1995)
Space for parking on the premises shall be at such rate as may be established for the zone wherein located, and as may be directed by the board of public works whose approval of the parking must be obtained prior to any issuance of licenses or building permits.
(Ord. O-95-32 § 1 (part), 1995)
Any application for renewal of a license under this chapter after the termination date shall be subject to a late filing fee as reflected in the consolidated fee schedule per late license application.
(Ord. O-95-32 § 1 (part), 1995)
No person, firm or corporation shall place or keep a jukebox defined to be a coin-operated mechanical or electrically operated device to reproduce music in the city of Wauwatosa without first having obtained a license therefor upon application showing ownership thereof and where the same shall be located. Such license shall not be assignable. Any number of jukeboxes may be operated on a single license.
(Prior code § 1.04(1))
Such license shall be issued by the city clerk upon payment of the fee for such license, provided that the applicant shall not have due and owing to the city of Wauwatosa any personal property taxes.
(Prior code § 1.04(2))
The fee for such license is that set forth in the fee resolution adopted by the common council per year or fraction thereof for each such jukebox.
(Prior code § 1.04(3); Ord. O-94-30 § 1, 1994)
This chapter shall not apply to operators of jukeboxes in private homes, municipal buildings, schools, churches or fraternal halls or club rooms used in connection with the work of fraternal orders.
(Prior code § 1.04(4))
Any application for renewal of a license under this chapter after the termination date shall be subject to a late filing fee as reflected in the consolidated fee schedule per late license application.
(Ord. O-77-54 § 1 (part), 1977)
Editor's note(s)—Ord. No. O-20-07, § I, adopted March 17, 2020, repealed ch. 6.45, §§ 6.45.005—6.45.070 and enacted a new ch. 6.45 as set out herein. Former ch. 6.45 pertained to similar subject matter and derived from Ord. O-86-36; Ord. O-87-15, § 1 (part), adopted 1987; Ord. No. O-88-44, § 1, adopted 1988; Ord. O-94-55, §§ 14, 15, adopted 1994 and Ord. No. O-15-07, § V, adopted February 17, 2015.
Any person, business, or employee licensed pursuant to Chapter 460, Wisconsin Statutes, is required to display in a conspicuous and legible location at their place of business a copy of their valid and unexpired license issued by the state of Wisconsin.
Any person or owner of a business violating the provisions of this chapter, upon conviction, shall be subject to a forfeiture of not more than one thousand dollars for each separate offense. Pursuant to section 460.14(4), Wisconsin Statutes, each day of continued violation constitutes a separate offense.
In this section, the following words and phrases shall mean and include:
(Ord. O-90-17 § 1 (part), 1990)
(Ord. O-90-17 § 1 (part), 1990)
Any person desiring to obtain an escort service license shall pay to the city of Wauwatosa the fee required in Chapter 6.04 to defray the costs of administration and investigation of the application.
(Ord. O-90-17 § 1 (part), 1990)
(Ord. O-90-17 § 1 (part), 1990)
(Ord. O-90-17 § 1 (part), 1990)
(Ord. O-90-17 § 1 (part), 1990)
(Ord. O-90-17 § 1 (part), 1990)
Any corporation holding an escort service license under this chapter shall report to the city clerk, in writing, within fifteen days of the event described herein, any of the following:
(Ord. O-90-17 § 1 (part), 1990)
Upon the sale or transfer of any interest in an escort service, the license shall be void. Any person desiring to continue to operate an escort service following sale or transfer shall apply to the city of Wauwatosa for a license.
(Ord. O-90-17 § 1 (part), 1990)
Each person obtaining an escort service license from the city of Wauwatosa shall be responsible for the acts of the escorts employed or working with the escort service, regardless of whether the escorts are employees, agents or independent contractors. An escort service licensed by the city shall be subject to all of the penalties under this chapter to which an escort would be subject if an escort violated this chapter, including suspension or revocation of the escort service's license.
(Ord. O-90-17 § 1 (part), 1990)
All applications for the renewal of escort licenses or escort service licenses issued by the city of Wauwatosa shall be filed with the city clerk's office, on a form to be provided by the city clerk, no later than sixty days prior to the expiration of the license. Applications to renew licenses previously issued by the city of Wauwatosa under this chapter shall disclose whether there has been any change in any answer or information supplied to the city clerk's office in connection with the original application. Applications to renew licenses shall be processed by the city in the same fashion as new applications.
(Ord. O-90-17 § 1 (part), 1990)
(Ord. O-90-17 § 1 (part), 1990)
(Ord. O-90-17 § 1 (part), 1990)
Any person who violates any of the provisions of this chapter shall, upon conviction, be subject to a forfeiture of not less than five hundred dollars together with the costs of prosecution, and upon default of payment, be imprisoned in the county jail or house of correction until the costs are paid, but not to exceed eighty days.
(Ord. O-90-17 § 1 (part), 1990)
Chapter 103 of the Wisconsin Statutes concerning employment regulations is by reference made a part of this code as if fully set forth in this chapter.
(Ord. O-88-67 § 1 (part), 1988)
It is unlawful for any direct seller to engage in direct sales within the city of Wauwatosa without being registered for that purpose as provided in this chapter.
(Ord. O-88-67 § 1 (part), 1988)
For the purposes of this chapter, the following definitions shall apply:
(Ord. O-88-67 § 1 (part), 1988)
The following shall be exempt from the registration provisions of this chapter:
(Ord. O-88-67 § 1 (part), 1988)
Applicants for registration must complete an application form furnished by the police department.
(Ord. O-88-67 § 1 (part), 1988)
(Ord. O-88-67 § 1 (part), 1988)
(Ord. O-88-67 § 1 (part), 1988)
Any person convicted of violating any provision of this chapter shall be subject to the general penalty provisions of this code.
(Ord. O-88-67 § 1 (part), 1988)
It is recognized that the primary purpose of a public street or alley is to permit pedestrian and vehicular travel and to provide access to abutting properties. It is further recognized that the commercial use of the public streets, alleys or public ways for the sale or vending of merchandise or other material is a privilege rather than a right which may be prohibited or closely regulated to encourage the safe, convenient and uninterrupted use of the public streets for travel. It is, therefore, declared to be the purpose of this chapter to prohibit commercial street vending except as otherwise specifically provided for by this chapter.
(Ord. O-79-99 § l (part), 1979)
No person, firm or corporation shall use the public streets, alleys or other public lands of the city of Wauwatosa for commercial purposes by selling or holding out for sale any merchandise or item or take orders for the same, without the express permission of the board of public works of the city of Wauwatosa.
(Ord. O-79-99 § l (part), 1979)
(Ord. O-79-99 § l (part), 1979)
The issuance of a street vending permit constitutes a privilege that shall vest no property right in the vendor. A permit shall be subject to revocation or suspension upon notice from the police or other city authority. Any person, firm or corporation whose street-vending permit has been revoked or suspended has a right of appeal to the common council for the city of Wauwatosa.
(Ord. O-79-99 § l (part), 1979)
Application for a street-vending permit shall be made to the city clerk. Such application shall be considered by the board of public works giving due regard to the proposed location or locations, type of merchandise to be sold, marketing methods to be used, public need or convenience, the appropriateness of the location, the public safety factors affected, and difficulty of policing, likely littering, congestion, noise, disturbance, aesthetics, and the effect that such vending would have on the general neighborhood and abutting properties with proper regard to the interference that such use of the public street would have with the public's right of travel and the property values of properties in the immediate area of the proposed location of the vending. A street vendor permit may have restrictions placed upon such activity as deemed appropriate by the board of public works to carry out the purpose of this chapter. The board of public works may require the applicant to obtain and furnish evidence of liability insurance in an amount and form determined appropriate by the board taking into account the risk posed by the activity to the city.
(Ord. O-00-13 § 1, 2000)
Any street vendor offering any item for sale shall have the price of such item conspicuously displayed.
(Ord. O-88-55 (9/6/88) § 1, 1988)
Upon the approval of a street-vending permit, such permit shall be issued upon the payment of a fee as set forth in the consolidated fee schedule and shall be valid for a period of one year from the date of issue, unless otherwise suspended or revoked. The fee entitles the licensee to the use of one vehicle or site location. For each additional vehicle or site location operated under this permit, there shall be an additional fee as set forth in the consolidated fee schedule.
(Ord. O-79-99 § 1 (part), 1979; Ord. O-82-54 § 1, 1982; Ord. O-09-32, § I, 12-15-2009)
(Ord. O-98-11 § 1, 1998)
No person, firm or corporation shall vend or sell merchandise within the front yard setback or from a side yard setback abutting a public street as these terms are defined in the zoning code without having received approval as a temporary use in accordance with Title 24 of the Wauwatosa code.
(Ord. O-79-99 § 1 (part), 1979)
The clerk's office shall be authorized to issue a sidewalk sale permit to any merchant who abuts the city street for the purpose of carrying on a temporary sidewalk sale on the sidewalk abutting such place of business. The fee required shall be as set forth in the fee schedule prior to the issuance of such sidewalk permit. Such permit shall be limited to a five-day period and shall be subject to revocation if the sidewalk sale is observed by a police officer of the city of Wauwatosa to interfere with the use of such sidewalk or in other ways creates a safety hazard or other form of public nuisance. Any person aggrieved by the provisions of this section shall be entitled to have the matter reviewed by the board of public works.
(Ord. O-79-99 § 1 (part), 1979; Ord. O-08-24 § 8, 2008)
(Ord. O-89-17 § 1, 1989)
The requirements of this chapter, including the obtaining of a permit, shall be in addition to any other ordinance and permit or licensing requirements of any other provisions of the Wauwatosa code.
(Ord. O-79-99 § 1 (part), 1979)
This chapter shall not prohibit or regulate the use of the public streets, alleys or public property for the exercise of those rights guaranteed by the Constitution of the United States or the state of Wisconsin, including but not limited to, the distribution of political or religious material when such activity is carried on in a manner not in violation of any other law or ordinance, nor shall this chapter regulate any person who can otherwise show proof of his/her exemption under state statute.
(Ord. O-79-99 § 1 (part), 1979)
Any person convicted of violating any provision of this chapter shall be subject to the general penalty provisions of this code.
(Ord. O-79-99 § 1 (part), 1979)
"Billiard hall," as used in this chapter, means any place at which three or more billiard tables are provided to be played on for compensation. "Billiard table" means any table surrounded by a ledge or cushion with or without pockets upon which balls are impelled by a stick or cue, and which includes all forms of games known as "carom," "billiards," "pocket billiards," "three-cushion billiards," "English billiards," and all other games played on a billiard, pool, or snooker table, and which also includes the games known as "fifteen-ball pool," "eight-ball pool," "bottle pool," "pea-pool," and all other games played on a so-called billiard table and also all games played on a so-called "pigeon-hole table."
(Prior code § 1.03(1))
No person or persons, firm, association, corporation, club or organization shall maintain, operate, conduct or pursue the business or occupation of keeping any billiard hall within the city of Wauwatosa without a license as provided in this chapter. The licensing and regulation provisions of this chapter do not apply to the following:
(Prior code § 1.03(2))
An application for a license shall be filed with the city clerk of Wauwatosa on forms to be furnished by him, which forms shall require to be included the following information:
(Prior code § 1.03(3))
(Prior code § 1.03(4); § 1 of Ord. dated March 16, 1971; Ord. O-94-31 § 1, 1994; Ord. O-94-55 § 16, 1994)
(Prior code § 1.03(5))
(Prior code § 1.03(6))
(Prior code § 1.03(7))
(Prior code § 1.03(8))
Any person or persons, firm, association, club, organization or corporation licensed under this chapter shall be responsible for all acts of its agents, servants, and employees, whether or not such licensee is present on the premises licensed.
(Ord. O-80-73 § 1, 1980)
Any application for renewal of a license under this chapter after the termination date shall be subject to a late filing fee of ten percent of the fee, but not less than five dollars, per late license application.
(Ord. O-77-54 § 1 (part), 1977)
(Ord. O-87-25 § 1, 1987; Ord. O-13-07, § I, 4-16-2013)
(Ord. O-85-34 § l (part), 1985; Ord. O-86-53 § 3, 1986; Ord. O-13-07, § I, 4-16-2013)
Application for a precious metal and gem dealer's license shall be made to the city clerk on forms furnished by the city clerk and contain the following:
(Ord. O-85-34 § 1 (part), 1985; Ord. O-86-53 § 4, 1986)
(Ord. O-85-34 § l (part), 1985; Ord. O-86-53 § 5, 1986)
(Ord. O-85-34 § 1 (part), 1985; Ord. O-86-53 § 6, 1986; Ord. O-94-32 § 1, 1994)
(Ord. O-85-34 § l (part), 1985; Ord. O-86-53 § 7, 1986; Ord. O-87-25 § 2, 1987; Ord. O-13-07, §§ I, II, 4-16-2013)
The common council may revoke any license issued under this section for fraud, misrepresentation or false statement contained in the application for a license or in the course of conducting the business of precious metal and gem dealer or for any violation of this section.
(Ord. O-85-34 § l (part), 1985)
(Ord. O-85-34 § 1 (part), 1985)
It is recognized that as gold and other precious metals and stones increase in value the theft of such items becomes an increasing problem and a method of deterring such illegal activity is to make it difficult to dispose of such stolen items for a high price, and it is for this purpose that this chapter requiring licensing of dealers purchasing gold and other precious stones and metals is enacted.
(Ord. O-80-94 § 1 (part), 1980)
Every person, firm, or corporation who is in the business of purchasing precious metals and precious stones, doing business within the city, who has not had a currently established business operation within the city for a period of at least one year immediately prior to the application for a precious metal and gem dealer license, shall obtain a transient dealers permit prior to doing business within the city for each event.
(Ord. O-87-25 § 3, 1987; Ord. O-08-24 § 9, 2008)
(Ord. O-87-25 § 4, 1987; Ord. O-08-24 § 10, 2008)
Any person, firm or corporation having a transient dealer's permit is subject to revocation or suspension of such permit if the police department has received information establishing probable cause to believe that such permittee is engaging in illegal activity pertaining to the purchase of stolen goods, fraud or other form of misrepresentation. The permittee shall be entitled to immediate hearing before the chief of police or his designated representative pertaining to such suspension. In lieu thereof the permittee may post with the city two thousand dollars in cash bond to assure that such permittee will remain available for further action if allegations of wrongdoing are sustained. The permittee may be represented by legal counsel and shall be entitled to a full hearing prior to such revocation.
(Ord. O-80-94 § 1 (part), 1980)
Every dealer involved in the purchase of gold, silver, precious stones, copper, lead or brass doing business in the city who obtains by purchase or exchange any secondhand article made in whole or in part of gold, silver, precious stones, copper, lead or brass shall within twenty-four hours after receiving such article, report to the chief of police the fact that the same has been received, with the name, address and description of the person from whom such article was received, together with the description of such article. No such dealer shall destroy or alter the form of any such secondhand article until the expiration of twenty-four hours from the time it was received by him. Such dealer shall comply with the provisions of Wis. Stats. Section 134.71, the provisions of which are adopted by reference.
(Ord. O-80-94 § 1 (part), 1980)
Any person violating any provision of this chapter shall be subject to the general penalty provision of the Wauwatosa code of ordinances contained in Chapter 1.12.
(Ord. O-80-94 § 1 (part), 1980; Ord. O-93-52 § 1, 1993)
Editor's note(s)—Ord. No. O-11-05, § I, adopted June 21, 2011, repealed former Ch. 6.55, §§ 6.55.010—6.55.110, and enacted a new Ch. 6.55 as set out herein. Former Ch. 6.55 pertained to secondhand dealer license and derived from Ord. No. O-94-55, §§ 17, 18, adopted 1994 and Ord. No. O-85-33, § 1 (part), adopted 1985.
(Ord. O-11-05, § I, 6-21-2011; Ord. O-13-06, § I, 4-16-2013)
(Ord. O-11-05, § I, 6-21-2011)
Application for a secondhand dealer's license shall be made to the city clerk on forms furnished by the city clerk, and shall contain the following:
(Ord. O-11-05, § I, 6-21-2011)
The chief of police shall investigate or cause to be investigated each applicant for this license, and shall furnish to the city clerk in writing the information derived from the investigation prior to consideration of the license by the common council.
(Ord. O-11-05, § I, 6-21-2011)
(Ord. O-11-05, § I, 6-21-2011)
(Ord. O-11-05, § I, 6-21-2011)
(Ord. O-11-05, § I, 6-21-2011)
(Ord. O-11-05, § I, 6-21-2011)
It shall be the duty of every secondhand dealer to report to police any article acquired, exchanged, pawned, pledged or purchased by the dealer if he or she has reason to believe that the article was stolen or lost, and found by the person attempting to pledge or sell it.
(Ord. O-11-05, § I, 6-21-2011)
(Ord. O-11-05, § I, 6-21-2011)
(Ord. O-11-05, § I, 6-21-2011)
Any person violating any provision of this chapter shall be subject to the general penalty provision of the Wauwatosa Code of Ordinances contained in Chapter 1.12 in addition to any other penalties contained in the section of the ordinance and the license may be revoked.
(Ord. O-11-05, § I, 6-21-2011)
A class "B-1" retailer's license when issued by the city health department under authority of the common council shall entitle the holder, if there has been issued to him a class "B" intoxicating liquor license and a class "B" fermented malt beverage license to possess, sell or offer for sale intoxicating liquors and fermented malt beverages. No fee shall be required for such class "B-1" retailer's restaurant license other than the required fees for class "B" intoxicating liquor and class "B" fermented malt beverage licenses and such license and licensee shall be subject to the restrictions and regulations set out in sections 6.56.020 to 6.56.100.
(Prior code § 6.034(1); Ord. O-12-07, § VII, 2-7-2012)
Such license and the licensee shall be subject to all statutory and ordinance provisions applicable to retail class "B" intoxicating liquor licenses and class "B" retailer's licenses for fermented malt beverages, except as hereinafter provided.
(Prior code § 6.034(2) (a))
Such license shall be granted only to persons or corporations where the principal business conducted on the premises is that of a restaurant or eating place vending and furnishing food and beverages to patrons thereon.
(Prior code § 6.034(2) (b))
There may be a bar or cocktail lounge in or on such licensed premises, but minors shall not be permitted in any such area.
(Prior code § 6.034(2) (c))
A minimum seating capacity for one hundred fifty persons or a minimum area of two thousand square feet for dining purposes shall be required, and such minimum seating capacity or area required for dining purposes shall be on one floor and shall be entirely exclusive of cocktail bar, seating capacity or area and exclusive of all other auxiliary space normally required for customer's comfort, and the preparation and serving of food.
(Prior code § 6.034(2)(d))
There shall be no advertising or display of any liquors or fermented malt beverages on that part of the licensed premises used for the vending and service of food nor any advertising to the effect that the licensee has the right to serve the same except by statements to that effect in the printed menu.
(Prior code § 6.034(2) (e))
No orders for intoxicating liquors or fermented malt beverages shall be taken or filled by any waiter or waitress who is under eighteen years of age.
(Prior code § 6.034(2) (f); § l (part) of Ord. dated March 21, 1972)
Class "B-1" restaurant licenses shall be granted only to adult persons who are citizens of the United States and the state of Wisconsin, who have resided in this state continuously for at least one year prior to the date of the application for such license, except that such license will be granted to a Wisconsin corporation whose principal office is located in the city of Wauwatosa, provided that the applicant for such license shall be a corporate officer of the corporation, a citizen of the United States and the state of Wisconsin, a resident of this state continuously for at least one year prior to the date of the application for such license and provided, further, that the application for license designates a full-time agent who shall be in charge of the dispensing of all beer and liquor, and who shall reside in the city of Wauwatosa or within ten miles of the corporate boundaries of the city of Wauwatosa as measured by the closest highway routes, before such license issued. Any agent or substitution of such agent by termination of employment or temporary absence for longer than two weeks shall be promptly reported to the city clerk and a successor agent appointed, subject to the approval of the government affairs committee.
(Prior code § 6.034(2)(g); § 1 of Ord. dated June 2, 1970)
No license shall be issued to any person acting as agent for or in the employ of another except as provided in Section 6.56.080.
(Prior code § 6.034(2) (h))
A class "B-2" retailer's restaurant license, when issued by the city health department under authority of the common council, shall entitle the holder, if there has been issued to him a class "B" intoxicating liquor license and a class "B" fermented malt beverage license. No fee shall be required for such class "B" retailer's restaurant license other than the required fees for class "B" intoxicating liquor and class "B" fermented malt beverage licenses, and such license and licensee shall be subject to the restrictions and regulations set out in sections 6.56.120 to 6.56.190.
(Prior code § 6.0352(1); Ord. 73-18 § 3 (part), 1973; Ord. O-12-07, § VIII, 2-7-2012)
Such license and the licensee shall be subject to all statutory and ordinance provisions applicable to retail class "B" intoxicating liquor licenses and class "B" retailer's licenses for fermented malt beverages, except as hereinafter provided.
(Prior code § 6.0352 (2)(a); Ord. 73-18 § 3 (part), 1973)
Such license shall be granted only to persons or corporations where the principal business conducted on the premises is that of a restaurant or eating place, or where the business is that of a restaurant conducted in conjunction with and incidental to a motel, vending and furnishing food and beverages to patrons thereon.
(Prior code § 6.0352(2)(b); Ord. 73-18 § 3 (part), 1973)
There shall be no bar in or on such licensed premises, and no service shall be made of intoxicating liquors or fermented malt beverages except to guests and patrons seated at tables and who shall be at least eighteen years of age.
(Prior code § 6.0352(2)(c); § 1 (part) of Ord. dated March 21, 1972; Ord. 73-17 § 3 (part), 1973)
No orders for intoxicating liquors or fermented malt beverages shall be taken or filled by any waiter or waitress who is under eighteen years of age.
(Prior code § 6.0352(2)(d); § 1 (part), of Ord. dated March 21, 1972; Ord. 72-46 § 2 (part), 1972; Ord. 73-18 § 3 (part), 1973)
Class "B-2" restaurant licenses shall be granted only to adult persons who are citizens of the United States and the state of Wisconsin, who have resided in this state continuously for at least one year prior to the date of the application for such license, and who are residents of the city of Wauwatosa, except that such license will be granted to a Wisconsin corporation whose principal office is located in the city of Wauwatosa, provided that the applicant for such license shall be a corporate officer of the corporation, a citizen of the United States and the state of Wisconsin, a resident of this state continuously for at least one year prior to the date of the application for such license and provided, further that the application for license designates a full-time agent who shall be in charge of the dispensing of all beer and liquor, and who shall reside in the city of Wauwatosa or within ten miles of the corporate boundaries of the city of Wauwatosa as measured by the closest highway routes before such license is issued. Any agent or substitution of such agent by termination of employment or temporary absence for longer than two weeks shall be promptly reported to the city clerk and a successor agent appointed, subject to the approval of the government affairs committee.
(Prior code § 6.0352(2)(e); § 2 of Ord. dated June 2, 1970; § 2 (part) of Ord. dated August 3, 1971; Ord. 72-46 § 2 (part), 1972; Ord. 73-18 § 3 (part), 1973)
No such license shall be issued to any person acting as agent for or in the employ of another.
(Prior code § 6.0352(2)(f); § 2 (part) of Ord. dated August 3, 1971; Ord. 72-46 § 2 (part), 1972; Ord. 73-18 § 3 (part), 1973)
A class "B-3" retailer's restaurant license, when issued by the city clerk under authority of the common council, shall entitle the holder, if there has been issued to him a class "B" fermented malt beverage license, to possess, sell or offer for sale fermented malt beverages. No fee shall be required for such class "B-3" retailer's restaurant license other than the required fee for the class "B" fermented malt beverage license, and such license shall be subject to the restrictions and regulations set out in Sections 6.56.210 to 6.56.280.
(Prior code § 6.0351(1); § l (part) of Ord. dated July 21, 1970)
Such license and the licensee shall be subject to all statutory and ordinance provisions applicable to a class "B" retailer's license for fermented malt beverages, except as hereinafter provided.
(Prior code § 6.0351(2)(a); § l (part) of Ord. dated July 21, 1970; Ord. 73-18 § 2 (part), 1973)
Such license shall be granted only to persons or corporations where the principal business conducted on the premises is that of a restaurant or eating place or where the business is that of a restaurant conducted in conjunction with and incidental to a motel, vending and furnishing food and beverages to patrons thereon.
(Prior code § 6.0351(2)(b); § 1 (part) of Ord. dated July 21, 1970)
There shall be no bar in or on such licensed premises, and no services shall be made of fermented malt beverages except to guests and patrons seated at tables or at food counters and who shall be of legal drinking age.
(Prior code § 6.0351(2)(c); § l (part) of Ord. dated July 21, 1970; § l (part) of Ord. dated March 21, 1972)
No orders for fermented malt beverages shall be taken or filled by any waiter or waitress who is under eighteen years of age.
(Prior code § 6.0351(2)(d); § l (part) of Ord. dated July 21, 1970; § l (part) of Ord. dated March 21, 1972)
No service or consumption of fermented malt beverages shall be made or permitted upon any premises for which a class "B-3" retailer's restaurant license has been granted, between the hours of two a.m. and ten a.m., on Sunday, or between two a.m. and eight a.m. on weekdays, except fermented malt beverages may be served and consumed all day on January 1st; and no signs advertising fermented malt beverages shall be illuminated upon or outside any premises during the hours when such beverages may not be served or consumed and during the hours when the business premises are closed.
(Prior code § 6.0351(2)(e); § l (part) of Ord. dated July 21, 1970; Ord. 73-18 § 2 (part), 1973)
A class "B-3" retailer's restaurant license shall be granted only to adult persons who are citizens of the United States and the state of Wisconsin, who have resided in this state continuously for at least one year prior to the date of the application for such license, and who are residents of the city of Wauwatosa, except that such license will be granted to a Wisconsin corporation whose principal office is located in the city of Wauwatosa, provided that the applicant for such license shall be a corporate officer of the corporation, a citizen of the United States and the state of Wisconsin, a resident of this state continuously for at least one year prior to the date of the application for such license and provided, further, that the application for license designates a full-time agent who shall be in charge of the dispensing of all fermented malt beverages, and who shall reside in the city of Wauwatosa or within ten miles of the corporate boundaries of the city of Wauwatosa as measured by the closest highway routes before such license is issued. Any agent or substitution of such agent by termination of employment or temporary absence for a longer period that two weeks shall be promptly reported to the city clerk, and a successor agent appointed subject to the approval of the committee on government affairs.
(Prior code § 6.0351(2)(f); § l (part) of Ord. dated July 21, 1970)
No such license shall be issued to any person acting as agent for or in the employ of another.
(Prior code § 6.0351(2)(g); § l (part) of Ord. dated July 21, 1970)
Any application for renewal of a license under this chapter after the termination date shall be subject to a late filing fee as reflected in the consolidated fee schedule per late license application.
(Ord. O-77-54 § l (part), 1977)
Editor's note(s)—Ord. No. O-11-05, § II, adopted June 21, 2011, repealed Ch. 6.57, §§ 6.57.010—6.57.080, which pertained to pawnbroker's license and derived from Ord. No. O-85-32, § 1 (part), adopted 1985.
No person, firm or corporation shall sell, barter, exchange, offer for sale or have in his possession with intent to sell, deal or traffic in soda water beverages, as defined in Section 97.34(1)(b) of the Wisconsin Statutes, without having first procured a license as provided in this chapter.
(Prior code § 6.033(1); Ord. O-13-05, § I, 4-16-2013)
Application for soda water license shall be made in writing to the city clerk who shall issue such license to the applicant upon payment of the fee for such license; provided that the applicant shall not have due and owing any personal property taxes to the city of Wauwatosa.
(Prior code § 6.033(2))
The holder of a soda water license shall be entitled to sell, barter, exchange, offer for sale or have in his possession with intent to sell, deal or traffic in soda water beverages, as defined in Section 97.34(1)(b) of the Wisconsin Statutes, in original containers only, to be consumed on or off the premises where sold.
(Prior code § 6.033(3); Ord. O-13-05, § II, 4-16-2013)
The fee for such license shall be as shown in the fee schedule. Such license shall designate the premises for which granted and shall expire on the thirtieth day of June after issuance. The full license fee shall be charged for the whole or fraction of any year.
(Prior code § 6.033(4); Ord. O-94-55 § 19, 1994)
Any person, firm or corporation selling or otherwise dealing in bottled soda water beverages exclusively from vending machines or from vending machines and by other methods and having at least one such vending machine located in the premises wherein such beverages are sold by other methods and who is required to obtain a license pursuant to the provisions of Chapter 6.80 of this title shall not be required to obtain a license under this chapter.
(Prior code § 6.033(5))
In addition to the general penalty provisions which may be imposed by the court, the common council may revoke the license of any person, firm or corporation failing to comply with the terms of this chapter at any time during the effective period of such license.
(Ord. O-80-72)
Any application for renewal of a license under this chapter after the termination date shall be subject to a late filing fee as reflected in the consolidated fee schedule per late license application.
(Ord. O-77-54 § 1 (part), 1977)
No person or persons shall exhibit any caravans, circus or give any theatrical performance or show of any kind in the city of Wauwatosa without first having obtained a license as provided in this chapter under the penalty and forfeiture as provided in the ordinance.
(Prior code § 1.02(1); Ord. O-08-24 § 11, 2008)
All applications for licenses under Sections 6.68.010 to 6.68.050 shall be made to the government affairs committee who may grant or refuse to grant such license as may be best for the good order of the city. The government affairs committee may request reports from the police department, health department, public works and any other city department whose investigation input may assist the committee. The license fee shall be as set forth in the fee schedule.
(Prior code § 1.02(2); Ord. O-08-24 § 12, 2008)
Whenever the city grants a license pursuant to Sections 6.68.010 to 6.68.050, the city clerk shall issue such license upon the payment of the license fee as provided.
(Prior code § 1.02(3))
Any license granted under the provisions of Sections 6.68.010 to 6.68.050 shall be subject to revocation at any time by the common council upon evidence being given to the satisfaction of the common council that any such performance, show, or exhibition is being or has been conducted in a disorderly manner or that the licensee has violated any resolution or ordinance of the common council or other applicable laws.
(Prior code § 1.02(4))
Sections 6.68.010 to 6.68.050 shall not apply to scientific lectures or school or church exhibitions or exhibitions by nonprofit civic organizations, or to concerts or carnivals for the benefit of the schools, churches or nonprofit civic organizations of the city.
(Ord. O-75-164 § 1, 1975)
Editor's note(s)—Ord. No. O-20-02, pt. XI, adopted January 7, 2020, repealed § 6.68.060. Former § 6.68.060 pertained to circuses and carnivals held outdoors deemed a nuisance and derived from § 1.02(6) of the prior code and Ord. O-08-24, § 13, adopted 2008.
No person, firm, or corporation shall operate a theater or place for theatrical performances or for the exhibition of motion pictures in the city of Wauwatosa without having first obtained a license therefor upon an application showing the ownership and stating the location and seating capacity thereof. Such license shall not be assignable.
(Prior code § 1.025(1))
Such license shall be issued by the city clerk when granted by the common council upon presentation to the city clerk of the city treasurer's receipt showing payment of the license fee.
(Prior code § 1.025(2))
The annual fee for such license is that set forth the fee schedule resolution adopted by the common council. A full fee shall be charged for a fractional part of a year.
(Prior code § 1.025(3); Ord. 0-94-33 § 1 (part), 1994)
Sections 6.68.070 through 6.68.130 shall not apply to exhibitions, concerts or lectures in municipal buildings, schools, churches, or fraternal halls or club rooms used in connection with the work of fraternal orders or other bona fide clubs.
(Prior code § 1.025(4))
Every such license shall expire annually on June 30th.
(Prior code § 1.025(5))
Such license shall be subject to revocation by the common council upon a hearing and evidence satisfactory to it that such theater is being and has been conducted in a disorderly manner or in violation of applicable health, safety and fire rules or any resolution or ordinance of the common council.
(Prior code § 1.025(6))
Any application for renewal of a license under this chapter after the termination date shall be subject to a late filing fee as reflected in the consolidated fee schedule per late license application.
(Ord. O-77-54 § 1 (part), 1977)
(Prior code § 6.10(1))
Written application for license to buy, sell, exchange, or deal in used or secondhand automobiles shall be filed with the city clerk for presentation to the common council. Each application shall state:
(Prior code § 6.10(2))
No license shall be transferable from one person, firm, or corporation to another.
(Prior code § 6.10(3))
Whenever any applicant having a license has complied with all the conditions and regulations herein contained relative to the filing of the application it shall be the duty of the city clerk to forward the application to the chief of police and the common council. The chief of police shall cause to be investigated each application and file his report and recommendation with the city clerk for the common council.
(Prior code § 6.10(4))
The fee for each license is that set forth in the fee schedule resolution adopted by the common council for the whole or fraction of a year. The license shall be issued by the city clerk upon presentation of a receipt showing the payment of the fee to the city treasurer.
(Prior code § 6.10(5); Ord. O-94-34 § 1, 1994)
Every person, firm or corporation engaged in business under such license shall keep daily records of all used or secondhand automobiles bought, exchanged or traded in specifying in detail the:
which records shall be preserved and made available to the police department on demand.
(Prior code § 6.10(6))
Any violation of the terms of this chapter shall be cause for revocation of the license by the common council upon five days' notice of hearing to the licensee and after hearing.
(Prior code § 6.10(7))
It is unlawful for any person, firm or corporation dealing in motor vehicles and motorcycles, or agents or employees of any such person, firm or corporation to sell, barter, exchange, demonstrate or loan any motor vehicle and motorcycle, whether new or secondhand, on the first day of the week, commonly called Sunday, or on New Year's Day, Decoration Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day, or to keep open its place of business on Sunday, or on New Year's Day, Decoration Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day for the sale, barter, exchange, demonstration or loaning of any motor vehicle and motorcycle within the corporate limits of the city of Wauwatosa.
(Prior code § 6.10(8))
All premises whereon is conducted the business herein licensed shall be paved with a hard surface.
(Prior code § 6.10(9)(a))
Lighting upon such premises shall not be so bright or glaring as to disturb the comfort, quiet or repose of persons in the vicinity. All flashing or alternating illuminating lights are hereby prohibited.
(Prior code § 6.10(9)(b))
No automobile shall be parked, placed or in any other manner displayed within two feet of any front, side or rear lot line except when a public sidewalk abuts such premises automobiles may be parked, placed or displayed within two feet of the inside edge of such sidewalk, provided that when such used car lot adjoins premises zoned and used for residential uses and the primary structure on such adjoining premises is located less than eight feet from the common lot line, then all automobiles shall be parked, placed or displayed such distance from such residential lot line as shall together with the shortest distance from such lot line to such structure equal ten feet, and bumper or curb stops shall be installed completely around the premises except at entrances and exits to and from the premises and arranged so that no part of any vehicle shall extend nearer to the lot lines or sidewalk than the distances set forth herein.
(Prior code § 6.10(9)(c))
The application for a license to operate a used car lot shall include:
(Prior code § 6.10(9)(d))
The board of public works shall approve the surfacing of all used car lots so as to insure adequate and proper drainage; shall approve the lighting of all such premises to insure compliance with Section 6.72.100; and shall approve the general arrangement of such lots.
(Prior code § 6.10(9)(e))
The wrecking, dismantling or repairing of any motor vehicle or the storage of motor vehicle salvage parts on any used car lot is prohibited.
(Prior code § 6.10(9)(f))
In addition to any penalty imposed by the court under the general penalty provisions of the code, a third violation of any of the provisions of this chapter shall constitute a basis upon which the secondhand dealers license may be revoked for a period of at least one year.
(Ord. O-80-71 § 1, 1980)
Any application for renewal of a license under this chapter after the termination date shall be subject to a late filing fee as reflected in the consolidated fee schedule per late license application.
(Ord. O-77-54 § 1 (part), 1977)
No coin-operated machine for the vending of cigars, coffee, soda water, milk, milk products, food or food products shall be placed within the city of Wauwatosa unless the owner and/or local operator thereof shall have first obtained a license to operate such machine or machines within the city.
(Prior code § 6.037(1); Ord. O-82-29 § 1, 1982)
Application for such license shall be made to the city clerk in writing and shall include the full name and names of the person, firm or corporation making application, business address of such applicant, nature of vending machines to be licensed, number of vending machines to be licensed, locations at which vending machines will be placed and, if a corporation, the full names and addresses of its officers and manager or managers.
(Prior code § 6.037(2))
Such license shall be issued by the city clerk upon payment of the fees provided in this chapter and after the health commissioner of the city of Wauwatosa has certified that the vending machines sought to be licensed meet the requirements or all applicable ordinances, statutes and regulations thereunder and, further provided, that the applicant shall not have due and owing any personal property taxes to the city of Wauwatosa.
(Prior code § 6.037(3))
Such license shall be issued only to a person of good moral character who shall be a citizen of the United States and the state of Wisconsin. In the case of a corporation, such requirements shall apply to the officers or manager or managers.
(Prior code § 6.037(4))
With each license issued, tags or decals for individual vending machines, containing thereon the name of the licensee and the number of the license, shall be issued. Such tag or decal shall be affixed upon each machine in a conspicuous and accessible place, visible without moving or opening such machine, and shall remain so affixed to such machine during the period for which the license is in force.
(Prior code § 6.037(5))
At any such time as the health commissioner of the city of Wauwatosa finds that any vending machines do not comply with the ordinances of the city of Wauwatosa or statutes of the state of Wisconsin, or regulations thereunder, it shall be his duty to serve an order upon the licensee, his agent or employee having charge or the machines, directing him within a certain reasonable time, not to exceed ten days, to comply with said ordinances, statutes or regulations. If the licensee fails to comply with the order within the time designated, the commissioner shall serve the licensee, his agent or employee in charge of the licensed machines, with a notice in writing that at a time not less than forty-eight hours from the date of service of the notice a hearing will be held before the committee on government affairs, Wauwatosa common council, at a place designated in the notice, to determine whether the license shall be revoked. If, upon the hearing, it appears that the provisions of this chapter or of the ordinances or regulations of the city of Wauwatosa or of the laws of the state of Wisconsin have not been complied with, the committee on government affairs is authorized to either revoke the license issued for the machine, or suspend such license for such period of time as it shall take to remedy such noncompliance. Any licensee having a license revoked shall not be eligible for another license under this section for a period of one year from the date of revocation.
(Prior code § 6.037(6))
There shall be a basic annual license fee for each authorized machine as shown in the fee schedule. New installations made during a license year shall require the full fees herein provided. The renewal fee for such renewal shall be submitted to the city of Wauwatosa by not later than July 1st of any year.
(Prior code § 6.037(7); Ord. O-76-108 § 1, 1976; Ord. O-77-55 § 1, 1977; Ord. O-94-55 § 20, 1994)
Any application for renewal of a license under this chapter after the termination date shall be subject to a late filing fee as reflected in the consolidated fee schedule per late license application.
(Ord. O-77-54 § 1 (part), 1977)
Chapter HSS 198 of the Wisconsin Administration Code pertaining to vending machines for the sale of food and beverages is adopted by reference as though fully set forth herein. The fee to be charged under this chapter is that provided in the State Statutes.
(Ord. O-85-37 § 1, 1985)
(Ord. O-21-22, pt. III, adopted October 5, 2021, repealed ch. 6.84, §§ 6.84.010—6.84.090. Former ch. 6.84 pertained to weapons and derived from §§ 6.06(1)—(7) of the prior code; § 6 of Ord. adopted March 16, 1971; Ord. 72-22 § 1, adopted 1972; Ord. O-77-54 § l (part), adopted 1977; Ord. O-80-42 § 1, adopted 1980; Ord. O-94-29 § 1, adopted 1994; and Ord. O-15-10, § XIV, adopted March 17, 2015)
(Ord. O-21-22, pt. IV, adopted October 5, 2021, repealed ch. 6.88, §§ 6.88.010—6.88.040. Former ch. 6.88 pertained to closing-out sales and derived from Ord. O-86-44, § 1, adopted 1986)
(Ord. O-90-9 § 1 (part), 1990; Ord. O-04-18 § 1, 2004)
(Ord. O-90-9 § 1 (part), 1990; Ord. O-04-18 §§ 2, 3, 2004)
(Ord. O-90-9 § 1 (part), 1990)
(Ord. O-21-22, pt. V, adopted October 5, 2021, repealed ch. 6.92, §§ 6.92.010—6.92.080. Former ch. 6.92 pertained to service stations and derived from Ord. 74-2 § 1 (part), adopted 1974; Ord. O-93-71 § 2, adopted 1993; Ord. O-15-07, § V, adopted February 17, 2015)
No person, firm or corporation shall sell any commodity upon the grounds of within any building at Hart Park without first securing a concession permit from the City of Wauwatosa director of public works or their designee.
(Ord. O-74-71 § l (part), 1974)
A concession permit fee for the privilege of vending at Hart Park shall be in the amount of fifteen dollars per day. The director of public works or their designee may in their discretion in lieu of such permit fee assess a vender in the amount of ten percent of the gross daily receipts when the concession is for an extended period of time and the director of public works deems such arrangement to be appropriate and in the public interest. Such concession permit shall be obtained from the park department. The park department may issue a permit without assessing a fee to any civic, nonprofit, charitable or benevolent association or organization which is certified as exempt from such fee by the director of public works.
(Ord. O-77-138 § 1, 1977)
Application shall be made to the department of public works by those civic, nonprofit, charitable or benevolent associations or organizations, or veterans issued a special license due to disability as provided for under Section 440.82, Wisconsin Statutes, that desire to be certified for exempt status under this chapter. It shall be within the discretion of the director of public works to determine whether such applying organization or association properly qualifies for exempt status in accord with the intent of this chapter. Appeal from the decision of the director of public works as to the exempt status shall be to the common council of the city of Wauwatosa.
(Ord. O-74-71 § 1 (part), 1974; Ord. O-74-85 § 1, 1974)
The rental of a park facility by any nonexempt organization shall include within its rental fee the privilege of vending for those purposes that are allowable under the park rules outlined in Section 7.64.020.
(Ord. O-74-71 § 1 (part), 1974)
All permittees are required to comply with the rules of the city ordinances and/or reasonable orders of park division personnel. Failure to so comply shall justify immediate suspension of such privilege granted by the concession permit.
(Ord. O-74-71 § 1 (part), 1974)
No concession permit shall be issued until such time as the applicant has acquired a peddler's license and/or food license when applicable under the city ordinances and/or state statutes.
(Ord. O-74-71 § 1 (part), 1974)
Editor's note(s)—Ord. No. O-17-15, Pt. I, adopted June 20, 2017, repealed ch. 6.98. Former ch. 6.98 pertained to street festivals and derived from Ord. O-77-99, adopted in 1977; Ord. O-93-10, adopted in 1993; Ord. O-14-14, adopted April 16, 2014; and Ord. O-15-07, adopted February 7, 2015.
Editor's note(s)—Ord. No. O-16-05, pt. II, adopted April 5, 2016, changed the title of Ch. 6.100 from "Street Vending Vehicles" to "Ice Cream Vending Vehicles."
"Ice cream vending vehicles" herein include any vehicle used to sell ice cream, snowcones, candy, frozen desserts of any kind, or other similar refreshments.
(Ord. O-94-69 § 1 (part), 1994)
Editor's note(s)—Ord. No. O-16-05, pt. II, adopted April 5, 2016, repealed § 6.100.010 and renumbered § 6.100.020 as § 6.100.010 as set out herein. The former § 6.100.010 pertained to declaration of purpose and derived from Ord. No. O-94-69, § 1(part), adopted in 1994. The historical notation has been retained with the amended provisions for reference purposes.
Ice cream vending vehicles are prohibited from stopping, standing or parking to sell their products within fifteen feet, either in front of or behind, any other parked vehicle. The ice cream vehicle vendor must leave adequate sight distance at all times between his/her vehicle and any potentially view-blocking object.
(Ord. O-94-69 § 1 (part), 1994)
Note(s)—See the editor's note to § 6.100.030.
Any firm, person or corporation that violates this chapter shall be subject to the general penalty provisions of this code.
(Ord. O-94-69 § 1 (part), 1994)
Editor's note(s)—Ord. No. O-16-05, pt. II, adopted April 5, 2016, repealed § 6.100.030 and renumbered §§ 6.100.040 and 6.100.050 as §§ 6.100.020 and 6.100.030 as set out herein. The former § 6.100.030 pertained to prohibition on the use of amplified chimes, bells, recordings or other sound producing devices on an ice-cream vending vehicle and derived from Ord. No. O-94-69, § 1(part), adopted in 1994. The historical notation has been retained with the amended provisions for reference purposes.
The following enumerated sections of the Wisconsin Statutes in connection with the herein-described misdemeanor offenses are hereby and by reference made a part of this code as if fully set forth herein. Any future amendments, revisions or modifications of the statutes incorporated herein are intended to be made part of this chapter:
1. | 941.23. | Carrying concealed weapons. |
2. | 941.24. | Possession of switchblade knife. |
3. | 943.01. | Criminal damage to property. |
5. | 943.13. | Criminal trespass to land. |
6. | 943.14. | Criminal trespass to dwelling. |
7. | 943.20. | Theft of property of less than $500.00 in value. |
8. | 943.21. | Fraud on hotel or restaurant keeper involving less than $500.00 in value. |
9. | 943.24. | Issue of worthless checks. |
10. | 943.34(1) | Concealing or receiving stolen property of the value of less than $100.00. |
11. | 943.41. | Fraudulent use of credit cards. |
12. | 943.50. | Retail theft. |
13. | 944.15. | Fornication. |
14. | 944.20. | Lewd and lascivious behavior. |
17. | 946.40. | Refusing to aid officer. |
18. | 946.41. | Resisting or obstructing officer. |
19. | 940.19(1) | Battery. |
20. | 941.10. | Negligent handling of burning material. |
22. | 941.13. | False alarms. |
23. | 941.20. | Reckless use of weapons. |
25. | 943.11. | Entry into locked vehicle. |
26. | 947.01. | Disorderly conduct. |
28. | 945.02. and the definitions of 945.01. | Gambling. |
29. | 125.09. | Possession of alcoholic beverages on school grounds. |
30. | 947.013. | Harassment. |
31. | 944.17. | Sexual gratification. |
32. | 938.983. | Use or possession of cigarette and tobacco products by children. |
33. | 134.66. | Restrictions on sale or gift of cigarettes or tobacco products. |
34. | 778.25. | Citation procedure. |
35. | 961.573. | Possession of drug paraphernalia. |
36. | 961.574. | Manufacture or delivery of drug paraphernalia. |
37. | 961.575. | Delivery of drug paraphernalia to a minor. |
38. | 939.05. | Parties to a crime. (Not to be applied to a felony) |
39. | 939.32. | Attempt. (Not to be applied to a felony) |
40. | 938.02. | Definitions. |
41. | 938.125. | Jurisdiction over juveniles alleged to have violated civil laws and ordinances. |
42. | 938.17. | Jurisdiction over traffic, boating, snowmobile, and all-terrain vehicle violations and over civil law and ordinance violations. |
43. | 938.237. | Civil law and ordinance proceedings initiated by citation in the court assigned to exercise jurisdiction under this chapter and Chapter 48. |
44. | 938.343. | Disposition of children alleged to have violated a civil law or an ordinance. |
45. | 938.344. | Disposition: certain intoxicating liquor, beer and drug violations. |
46. | 175.60. | License to carry a concealed weapon. |
47. | 946.71. | Unlawful use of license for carrying concealed weapon. |
48. | 948.61. | Dangerous weapons on school premises. |
49. | 252.25. | Violation of law related to health. |
50. | 323.28. | Emergency management—Penalties. |
51. | 943.145. | Criminal trespass to a medical facility. |
Any person, firm or corporation violating any of the provisions of the Wisconsin Statutes incorporated within and referred to under this section shall, upon conviction thereof, be subject to a fine of not less than five dollars nor more than one thousand dollars, together with the costs of the action, and in default of payment of such fine and costs thereof, shall be subject to imprisonment in the county jail for a period not to exceed thirty days.
(Prior code § 9.17; §§ 1, 2 of Ord. dated February 3, 1970; §§ 1, 2 of Ord. dated August 4, 1970; §§ 1, 2 of Ord. dated May 18, 1971; Ord. 74-22 § 1, 1974; Ord. O-76-62 § 1, 1976; Ord. O-76-80 § 1, 1976; Ord. O-76-87 §§ 1, 2, 1976; Ord. O-79-113 § 1, 1979; Ord. O-82-41 §§ 1, 2, 1982; Ord. O-84-20 § 1, 1984; Ord. O-84-21 § 1, 1984; Ord. O-84-54 §§ 1—5, 1984; Ord. O-84-63 § 1, 1984; Ord. O-85-51 § 1, 1985; Ord. O-85-57 § 1, 1985; Ord. O-85-87 § 1, 1985; Ord. O-89-52A § 1, 1989; Ord. 91-41 § 1, 1991; Ord. O-92-15 § 1, 1992; Ord. O-92-34 § 1, 1992; Ord. O-94-24 § 1, 1994; Ord. O-94-46 § 1, 1994; Ord. O-95-16 § 1, 1995; Ord. O-96-96 § 1, 1996; Ord. O-04-18 § 5, 2004; Ord. O-11-13, § II, 10-4-2011)
The municipal judge may punish for contempt in the following cases:
(Prior code § 9.24(1); § 1 (part) of Ord. dated February 3, 1970)
The municipal justice may impose a forfeiture for contempt not to exceed fifty dollars, or upon default in payment of the forfeiture, a jail sentence of not to exceed seven days.
(Prior code § 9.24(2); § 1 (part) of Ord. dated February 3, 1970)
(Ord. O-88-56 § 1, 1988; Ord. O-88-58 § 1, 1988)
Any person, firm, or corporation having a burglar, holdup, or any type of intrusion alarm shall be charged a fee as shown in the fee schedule for each false alarm responded to by the police department. If the possessor of the alarm can show to the satisfaction of the police chief that the false alarm was not the result of negligence or improper maintenance such fee may be waived.
(Ord. O-83-8 § 1, 1983; Ord. O-96-1 § 11(1), 1996)
(Ord. O-99-17 § 1, 1999)
No person, firm or corporation shall provide a private alarm service system programmed to a central office unless it shall also maintain a patrol and maintenance service capable of immediately dispatching a company representative to respond within thirty minutes to the location of any alarm transmitted to the central office during the hours that such system is in operation.
(Prior code § 9.28(2); Ord. 72-38 § 1 (part), 1972; Ord. 73-67 § 1 (part), 1973)
No person, firm or corporation shall cause to be connected to a police department a private alarm system unless such person, firm or corporation is issued an annual hold-up alarm permit by the chief of police.
(Prior code § 9.28(3); Ord. 72-38 § l (part), 1972; Ord. 73-67 § l (part), 1973)
The chief of police shall issue hold-up alarm permit to those person, firms or corporations who:
(Prior code § 9.28(4); Ord. 72-38 § 1 (part), 1972; Ord. 73-67 § 1 (part), 1973; Ord. O-76-123 § 1, 1976; Ord. O-77-179, § 1, 1977; Ord. O-80-79 § 1, 1980; Ord. O-81-9 § 1, 1981; Ord. O-93-64, § 1, 1993; Ord. O-96-1 § 11(2), 1996)
Those persons, firms or corporations presently having alarm systems which are prohibited in this chapter shall be permitted to maintain the connection until June 30, 1973, after which date failure to disconnect from any department or departments of the City of Wauwatosa will be deemed a violation of this chapter.
(Prior code § 9.28(5); Ord. 72-38 § 1 (part), 1972; Ord. 73-67 § 1 (part), 1973)
Property owned or leased by the City of Wauwatosa, its school district, boards or commissions, is excluded from the provisions of this chapter.
(Prior code § 9.28 (6); Ord. 72-38 § 1 (part), 1972; Ord. 73-67 § l (part), 1973)
(Ord. O-12-02, § I, 1-3-2012)
The common council of the City of Wauwatosa finds that public nuisances exist in the City of Wauwatosa in the operation of certain establishments, and the use and alteration of property in violation of building codes, fire codes, zoning codes and public health, safety, morality and general welfare laws and ordinances, all of which interfere with the interest of the public in the quality of life and total community environment, the tone of commerce in the city, property values and the public health, safety, morals, and welfare; the common council further finds that the continued occurrence of such activities and violations is detrimental to the health, safety, morals and welfare of the people of the City of Wauwatosa and the businesses thereof and visitors thereto. It is the purpose of the common council to create one standardized procedure for securing legal and equitable remedies relating to the subject matter encompassed by this chapter, without prejudice to the use of or procedures available under existing state or local law or subsequently enacted ordinances and to strengthen existing ordinances on the subject. This chapter is intended to apply to public, not private, nuisances.
(Ord. O-08-2 § 1 (part), 2008)
No person shall erect, cause, continue, maintain or permit to exist, any public nuisance within the city.
(Ord. O-08-2 § 1 (part), 2008)
(Ord. O-08-2 § 1 (part), 2008)
The police chief, fire chief, health officer, forester, chief inspector or the director of public works, director of community development, chief building inspector or any of their designees shall enforce those provisions of this chapter that come within the jurisdiction of their offices; and they shall make inspections upon complaint to ensure that such provisions are not violated.
(Ord. O-08-2 § 1 (part), 2008)
(Ord. O-08-2 § 1 (part), 2008)
(Ord. O-08-2 § 1 (part), 2008)
(Ord. O-08-2 § 1 (part), 2008)
If a person adversely affected by an abatement order fails to comply with the order within the time prescribed in the order or by ordinance, the city department responsible for the issuing the order shall issue a citation. If a person adversely affected by an order issued pursuant to the provisions of this chapter desires to appeal the decision of the enforcement official, an appeal of the citation may be made through the municipal court process. The municipal court shall conduct a hearing on the appeal within thirty days of receipt of the appeal, unless such time limit is waived by the defendant.
(Ord. O-08-2 § 1 (part), 2008)
Regulation of explosives and blasting activity within the city of Wauwatosa shall be conducted pursuant Section 14.04.010 of this code, adopting the rules and regulations of the most current National Fire Protection Association (NFPA) and International Code Council (ICC) codes, as further adopted in Administrative Code provisions by the State of Wisconsin Department of Safety and Professional Services ("DSPS").
(Prior code § 9.12(1))
Editor's note(s)—Ord. No. O-20-02, pt. XII, adopted January 7, 2020, renamed § 7.20.010 from "explosives defined" to "explosives and blasting."
The provisions of the general orders on explosives of the Industrial Commission of Wisconsin, and amendments and supplements made thereto from time to time, are made a part of this chapter by reference.
(Prior code § 9.12(2))
No person, firm, or corporation shall transport, store, sell, deliver, use or have in possession any explosive without first obtaining a permit therefor from the chief of the fire department. Any person, firm, or corporation desiring a permit, as required by this section, shall file with the chief of the fire department an application for such permit in writing on a form furnished for such purpose. Every application shall state the name or names of the persons, firms or corporations, who desire to transport, store, sell, deliver, use, have in possession or who desire to do any work for which a permit is required by this section stating further the location and manner of storage, or sale, or the location where such blasting is to be done, the kind of explosive to be used, the kind or character of excavation, or other work to be done, the method of detonating the explosive, and any other information required by the chief of the fire department.
(Prior code § 9.12(3)(a))
Editor's note(s)—Ord. No. O-15-23, pt. IX, adopted Oct. 20, 2015, repealed § 7.20.40 which pertained to permit and fee for explosives and derived from § 9.12(3)(b) of the prior code and Ord. No. O-74-144, § 1, 1974.
No permit shall be transferable from one person, firm or corporation to another.
(Prior code § 9.12(3)(c))
Maximum quantity of explosives per shot for instantaneous firing or per delay for delay firing in pounds. | Distance from blast area to nearest building or structure, in feet—Trenching: tunnels and shafts. |
0.5 | 2.00 |
1.0 | 3.25 |
2.0 | 6.50 |
3.0 | 9.50 |
4.0 | 13.0 |
5.0 | 16.0 |
10.0 | 32.0 |
(Prior code § 9.12(4))
If, after a permit has been issued, as hereinabove provided, it appears from the supervision of the engineer, that the issuee or those acting under the issuee have violated, or are violating any of the provision of this chapter, relating to blasting or the use of explosives, the chief of the fire department may then and there notify the issuee and revoke the permit.
(Prior code § 9.12(5))
(Prior code § 9.11)
Editor's note(s)—Ord. No. O-19-23, pt. XXI, adopted September 3, 2019, repealed ch. 7.28, §§ 7.28.010—7.28.050. Former ch. 7.28 pertained to smoking regulations and derived from §§ 9.10(2), 9.12(1), 9.16(2) of the prior code and Ord. O-80-70, § 1, adopted 1980.
The city council of Wauwatosa is enacting this chapter to help prevent the spread of graffiti vandalism and to establish a program for the removal of graffiti from public and private property. The council is authorized to enact this chapter pursuant to its police powers. The council finds that graffiti is a public nuisance and destructive of the rights and values of property owners as well as the entire community. Unless the city acts to remove graffiti from public and private property, the graffiti tends to remain. Other properties then become the target of graffiti, and entire neighborhoods are affected and become less desirable places in which to be, all to the detriment of the city. The city council intends, through the adoption of the ordinance codified in this chapter, to provide additional enforcement tools to protect public and private property from acts of graffiti vandalism and defacement.
(Ord. O-96-35 § 1 (part), 1996)
For the purposes of this chapter, the following words shall have the meanings respectively ascribed to them in this section, except where the context clearly indicates a different meaning:
"Aerosol paint container" means any aerosol container that is adapted or made for the purpose of applying spray paint or other substances capable of defacing property.
"Broad-tipped marker" means any felt tip indelible marker or similar implement with a flat or angled writing surface that, at its broadest width, is greater than one-fourth of an inch, containing ink or other pigmented liquid that is not water soluble.
"Etching equipment" means any tool, device, or substance that can be used to make permanent marks on any natural or man-made surface.
"Graffiti" means any unauthorized inscription, word, figure, painting or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to any surface of public or private property by any graffiti implement, to the extent that the graffiti was not authorized in advance by the owner or occupant of the property, or, despite advance authorization, is otherwise deemed a public nuisance by the city council.
"Graffiti implement" means an aerosol paint container, a broad-tipped marker, gum label, paint stick or graffiti stick, etching equipment, brush or any other device capable of scarring or leaving a visible mark on any natural or man-made surface.
"Paint stick" or "graffiti stick" means any device containing a solid form of paint, chalk, wax, epoxy, or other similar substance capable of being applied to a surface by pressure and leaving a mark of at least one-eighth of an inch in width.
"Spray tips" mean the nozzle or spray cap of any type of aerosol can. These tips can be interchanged on spray cans to achieve different paint pattern effects.
(Ord. O-96-35 § 1 (part), 1996)
(Ord. O-96-35 § 1 (part), 1996)
(Ord. O-96-35 § 1 (part), 1996)
(Ord. O-96-35 § 1 (part), 1996)
The city council hereby creates the City of Wauwatosa anti-graffiti trust fund. As allowed by state law, penalties assessed against violators of this chapter shall be placed in the fund, along with any monetary donations received from persons wishing to contribute to the fund. The council shall direct the expenditures of monies in the fund. Such expenditures shall be limited to the payment of the cost of graffiti removal, the payment of rewards for information leading to the conviction of violation of the graffiti prevention ordinance, the costs of administering the graffiti prevention ordinance, and such other public purposes as may be approved by the council.
(Ord. O-96-35 § 1 (part), 1996)
The mayor and common council of the City of Wauwatosa, Milwaukee County, Wisconsin, do hereby find as follows, and adopt such findings as their legislative history for the provisions hereinafter enacted.
The Wisconsin Statutes provide for the punishment, treatment and supervision of persons convicted or otherwise responsible for sex crimes against children, including their release into the community.
Chapter 980 of the Wisconsin Statutes provides for the civil commitment of sexually violent persons, a more dangerous type of sex offender, and specifically, in Section 980.08, Stats., following such commitment, under certain conditions, provides for the supervised release of such persons into the community.
The City of Wauwatosa places a high priority on maintaining public safety through highly skilled and trained law enforcement as well as dependency upon laws that deter and punish criminal behavior.
Sex offenders have very high recidivism rates, and according to a 1998 report by the U.S. Department of Justice, sex offenders are the least likely to be cured and the most likely to re-offend and prey on the most innocent members of our society. In addition, more than two-thirds of the victims of rape and sexual assault are under the age of eighteen, and sex offenders have a dramatically higher recidivism rate for their crimes than any other type of violent felon.
The common council has been advised by counsel of the findings of a number of the municipal governing bodies within the state of Wisconsin as well as numerous Legislatures of these United States, including Wisconsin, and also including, but not limited to Pennsylvania, Alabama, Iowa, Florida, Maine, and Louisiana, as they pertain to laws adopted which relate to and in part impose restrictions upon sex offenders with respect to residency; and
The common council having also been advised of the decision of the United States Court of Appeals for the 8th Circuit, in Doe v. Miller, 405 F.3d 700, 716 (8th Cir. 2005), providing in part: "The record does not support a conclusion that the Iowa General Assembly and the Governor acted based merely on negative attitudes toward, fear of, or a bare desire to harm a politically unpopular group. [Citation omitted]. Sex offenders have a high rate of recidivism, and the parties presented expert testimony that reducing opportunity and temptation is important to minimizing the risk of re-offense. Even experts in the field could not predict with confidence whether a particular sex offender will re-offend, whether an offender convicted of an offense against a teenager will be among those who "cross over" to offend against a younger child, or the degree to which regular proximity to a place where children are located enhances the risk of re-offense against children. One expert in the district court opined that it is just "common sense" that limiting the frequency of contact between sex offenders and areas where children are located is likely to reduce the risk of an offense. [Citation omitted]. The policymakers of Iowa are entitled to employ such "common sense," and we are not persuaded that the means selected to pursue the States legitimate interest are without rational basis."
The common council recognizes that, through 2005 Wisconsin Acts 431 and 434, the Wisconsin Legislature has both created and repealed statutory provisions relating to the placement of sexually violent persons as set forth by the Wisconsin Revisor of Statutes in a letter dated September 25, 2006, thereby leaving the location of sex offender residency unregulated.
The common council having considered a proposed amendment to the municipal code to provide residency restrictions for sex offenders and to prevent loitering by such persons to further protect children, and upon all of the records and files and reports and proceedings pertaining to the subject matter, and all of the prior actions and experience of the City of Wauwatosa in protecting the community from sexually violent persons, finds the proposed amendments will serve to protect the health, safety and welfare of the community.
(Ord. O-07-21 § 1 (part), 2007)
This chapter is a regulatory measure aimed at protecting the health and safety of children in Wauwatosa from the risk that convicted sex offenders may re-offend in locations close to their residences. The city finds and declares that sex offenders are a serious threat to public safety. When convicted sex offenders reenter society, they are much more likely than any other type of offender to be rearrested for a new rape or sexual assault. Given the high rate of recidivism for sex offenders, and that reducing opportunity and temptation is important to minimizing the risk of re-offense, there is a need to protect children where they congregate or play in public places in addition to the protections afforded by state law near schools, daycare centers and other places children frequent. The city finds and declares that in addition to schools and daycare centers, children congregate or play at public parks.
(Ord. O-07-21 § 1 (part), 2007)
As used in this chapter and unless the context otherwise requires:
(Ord. O-07-21 § 1 (part), 2007; Ord. O-08-17 §§ 1, 2, 2008)
(Ord. O-07-21 § 1 (part), 2007)
A designated offender residing within five hundred feet of the real property comprising any of the uses enumerated in Section 7.32.040 above, does not commit a violation of this chapter if any of the following apply:
(Ord. O-07-21 § 1 (part), 2007)
(Ord. O-07-21 § 1 (part), 2007)
The previous section shall not apply where the actor was accompanied by his or her parent, guardian, or other adult person having his or her care, custody or control, or where that actor was exercising first amendment rights protected by the United States constitution or Wisconsin constitution, including freedom of speech, the free exercise of religion, and the right of assembly.
(Ord. O-07-21 § 1 (part), 2007)
(Ord. O-07-21 § 1 (part), 2007)
(Ord. O-07-21 § 1 (part), 2007)
Consistent with the State of Wisconsin's Fair Employment Law, contained in Sections 111.31 to 111.395, Wisconsin Statutes, the city of Wauwatosa prohibits discrimination in employment on the bases of race (including hair texture and protective hairstyles), color, age, religion, creed, ancestry, national origin, sex or gender, disability, arrest or conviction record, marital status, sexual orientation, military service, or use or non-use of lawful products off the employer's premises during nonworking hours. In addition, consistent with Section 106.52, Wisconsin Statutes, the city of Wauwatosa prohibits discrimination in public places of accommodation or amusement.
The city of Wauwatosa encourages anyone who believes that they have been discriminated against in violation of the State of Wisconsin prohibitions on discrimination stated in Section A above to file a formal complaint with the State of Wisconsin Equal Rights Division, which has the responsibility under the Wisconsin Statutes to enforce those prohibitions. Instructions on how to file such a complaint are available on the city's website.
It is declared that the open and notorious solicitation and enticing for prostitution is contrary to the welfare and morals or the citizens of Wauwatosa, and that the elimination of such activity is a proper exercise in municipal police power. The elimination of prostitution and other crimes related thereto through the curtailing of loitering by persons engaged in such activities is the purpose of this chapter.
(Ord. O-75-155 § 1 (part), 1975)
It is unlawful for any person to loiter in or near any thoroughfare or place open to the public in a manner and under circumstances manifesting the purpose of inducing, enticing, soliciting or procuring another to commit an act of prostitution. Among the circumstances which may be considered in determining whether such purpose is manifested are: that such person is a prostitute or panderer, repeatedly beckons to, stops or attempts to stop, or engages male or female passersby in conversation. The violator's conduct must be such as to demonstrate a specific intent to induce, entice, solicit or procure another to commit an act of prostitution. No arrest shall be made for a violation of this section unless the arresting officer first affords such persons an opportunity to explain such conduct, and no one shall be convicted of violating this section if it appears at trial that the explanation given was true and disclosed a lawful purpose.
(Ord. O-75-155 § 1 (part), 1975)
As used in this chapter:
(Ord. O-75-155 § 1 (part), 1975)
The general penalty provisions shall apply for any violation of this chapter.
(Ord. O-75-155 § 1 (part), 1975)
It is declared that the crime of prostitution is offensive to the community and has become a growing problem in some sections of the city, particularly those having motels, restaurants and taverns. For the purpose of eradicating this criminal conduct in the city, the solicitation for the purposes of performing acts of prostitution is declared to be unlawful.
(Ord. O-75-156 § 1 (part), 1975)
(Ord. O-75-156 § 1 (part), 1975)
Unlawful solicitation for the purpose of committing prostitution and/or pandering is prohibited within the city. Any person violating any provision or this chapter shall be subject to the general penalty provision.
(Ord. O-75-156 § l (part), 1975)
The general penalty provisions shall apply for any violation of this chapter.
(Ord. O-75-156 § 1 (part), 1975)
No person shall make or assist in making any noise or other vibration tending to unreasonably disturb the peace and quiet, comfort or repose of persons in the vicinity thereof unless the making and continuing of the same cannot be prevented and is necessary for the protection or preservation of property or of the health, safety, life or limb of some person, or if the activity is otherwise authorized by law.
(Ord. O-03-9 § 1 (part), 2003)
(Ord. O-03-9 § 1 (part), 2003)
(Ord. O-03-9 § 1 (part), 2003)
No person, firm or corporation operating, having charge of, or occupying any building, premises or vehicle shall keep or allow to be kept any animal or bird which shall habitually by any noise disturb the peace and quiet of any person in the vicinity thereof.
(Ord. O-03-9 § 1 (part), 2003)
No person, firm or corporation shall park or leave standing for more than fifteen minutes within the limits of the city a vehicle containing livestock, live fowl or other living animals except as authorized by law or with a permit issued by the chief of police.
(Ord. O-03-9 § 1 (part), 2003)
(Ord. O-03-9 § 1 (part), 2003)
It is unlawful for any person, between the hours of ten p.m. and seven a.m. to cause, suffer, or allow any noise by the use or operation of any lawnmower upon any premises, which shall disturb the comfort, quiet, or repose of persons therein, or in the vicinity.
(Prior code § 9.02(5); Ord. O-03-09 § 2)
(Ord. O-03-09 § 3; Ord. 73-152 § 1, 1973)
No person shall cause, suffer, or allow any unnecessary or unreasonably loud or harsh sound by means of the switching of trains, which shall disturb the comfort, quiet or repose of persons in the vicinity thereof.
(Prior code § 9.02(8); Ord. O-03-09 § 4)
No person shall cause, suffer or allow any air moving, conditioning or cooling equipment of any nature or kind to be so operated or maintained as to cause any unusual or excessive noise which disturbs the comfort, quiet or repose of persons in the vicinity thereof, and, to this end, all available and reasonable sound deadening and muffling devices and practices shall be employed.
(Prior code § 9.02(9); Ord. O-03-09 § 5; Ord. 72-23 § 1, 1972)
No person shall cause, suffer, or allow any unnecessary or unreasonably loud or harsh sound by means of the loading or unloading of merchandise at stores between the hours of ten p.m. and six a.m. which shall disturb the comfort, quiet, or repose of persons in the vicinity thereof.
(Prior code § 9.02(10); Ord. O-03-09 § 6)
For the purpose of providing for the public health, welfare, safety and good order of the inhabitants of the City of Wauwatosa, it is unlawful for any person, firm or corporation leasing, maintaining or operating any car wash facility as an incidental or accessory use in connection with the operation of a gasoline or oil service station or otherwise, within the City of Wauwatosa, to cause, permit, suffer or allow such car wash facility to operate or function beyond the hours that such gasoline or oil service station or otherwise is open for business, and in no case shall such car wash facility be operated or be functioning between the hours of ten p.m. and seven a.m. of any day.
(Prior code § 9.02(11))
No person shall use a telephone to make a call originating within the City of Wauwatosa or received within the City of Wauwatosa for the following purposes:
(Ord. O-89-53A § 1, 1989; Ord. O-03-9 § 9, 2003)
Unless a specific penalty is otherwise provided, violations of Chapter 7.46 shall be subject to the penalties provided in Section 1.12.010 of the code.
(Ord. O-03-9 § 10, 2003)
(Ord. O-00-6 § 1, 2000)
Editor's note(s)—Ord. No. O-18-20, pt. I, adopted October 16, 2018, repealed § 7.48.003. Former § 7.48.003 pertained to aggressive panhandling and derived from Ord. O-00-6, adopted 2000.
(Ord. O-76-30 § 1, 1976; Ord. O-81-25 §§ l, 2, 3, 1981)
It is unlawful for any person to:
(Ord. O-00-6 § 3, 2000; Ord. O-11-13, § III, 10-4-2011)
(Ord. 73-73 § 1, 1973)
Whenever any assemblage or private or public party, on or in public or private premises, shall, by reason of liquor or other cause, become boisterous, noisy or turbulent, so as to become annoying to neighbors or disturbing to those who are ill, or who desire to sleep, or who desire to have peace and quiet, and whenever such boisterous, noisy or turbulent assemblage or party shall tend to disturb or shall actually disturb the peace and quiet of the neighborhood, such assemblage or party is a public nuisance and shall be summarily abated and closed up by the police of this city, and any person or persons participating therein shall be subject to arrest and to the penalties provided in Section 7.48.160.
(Ord. O-00-6 § 4, 2000)
No person owning, occupying, or having charge of any building or premises, or any part thereof, or any vehicle, shall cause, suffer or allow any loud, excessive, or unusual noise in the operation or use of any radio, phonograph, or other mechanical or electrical sound making or reproducing device, instrument, or machine, which loud, excessive, or unusual noise shall disturb the comfort, quiet, or repose of persons therein or in the vicinity.
(Prior code § 9.02(3))
(Prior code § 9.02(4); Ord. 72-13 §§ l, 2, 1972)
(Ord. O-00-6 § 5, 2000)
Unless a specific penalty is otherwise provided, violations of Chapter 7.48 shall be subject to the penalties provided in Section 1.12.010 of the code.
(Ord. O-00-6 § 6, 2000)
Editor's note(s)—Ord. No. O-17-15, Pt. I, adopted June 20, 2017, repealed ch. 7.50 and enacted a new ch. 7.50 as set out herein. Former ch. 7.50 pertained to parades and special events and derived from Ord. No. O-12-09, adopted March 20, 2012; and Ord. No. O-15-23, adopted October 20, 2015.
The city of Wauwatosa recognizes that special events organized by individuals, private organizations, and non-profits serve an important role in enhancing the city's quality of life and can provide benefits to the community as a whole. In an effort to treat all persons and groups uniformly, to facilitate the successful staging of these special events, and to be mindful of the efficient use of available facilities and resources, the city will commit staff time and facilities to review applications to hold special events and assist the organizers as needed to ensure that special events have an overall positive effect upon the community and its resources.
The city will review special event applications for the purpose of assisting the event organizer in complying with various applicable public safety requirements, as well as be involved during the special event as needed to protect the safety and welfare of the public, and resources owned by the public.
During the city's review and oversight in this process, the city will address traffic and parking issues, health and safety issues related to the participants and the public, effects upon neighboring properties, fire potential, explosions, disorder and other dangers to persons or property, preservation of peace and order, sanitation, and the overall safeguarding of the public health. The city will also consider the potential diversion of public health, safety, and emergency services from their regular and necessary duties, and the additional costs of providing public services necessary to protect the public health, safety, and welfare associated with special events.
"Special event" means a temporary gathering of people on public or private property and involving at least one of the circumstances listed below. The city administrator, or his designee, shall have the exclusive authority to determine whether or not an event meets the definition of "special event."
"City property" includes all municipal buildings, streets and other rights of way, parking lots owned, leased or controlled by the city of Wauwatosa.
"Extraordinary services" mean reasonable and necessary services provided by the city which specifically result from the special event. Extraordinary services result in measurable financial costs which are above and beyond the normal levels of public health and safety services on a nonevent day. Extraordinary services will normally be those services requiring city employees to be specifically assigned to tasks in support of the special event and/or those services resulting in overtime pay or similar costs which result from the event. Examples of extraordinary services may include police protection, traffic control, fire monitoring, dedicated paramedic service, parks services, and other services necessary to ensure the protection of participants and citizens, the proper functioning of city services, and the proper administration of this chapter and policy. The city will make reasonable efforts to adjust the schedules of employees to minimize the requirement for overtime pay or other costs for extraordinary services where sufficient advanced notice of the event is provided.
"Block party" means a temporary event that closes one block of a street and does not close an intersection.
Special event permit applications shall address the following issues and attach additional supporting material, if necessary. A summary of required information follows, and more specific requirements can be obtained from city departments when planning the event and seeking city approval.
A non-refundable administrative fee is required for all special event permit applications. Permit shall not be issued unless the fee is paid. The permit application fees identified herein are separate from other specific fees or licenses required, and separate from any requirement to reimburse the city for the actual cost of any extraordinary services required for the permitted event, or for damage or destruction resulting from the event.
No person shall carry, possess, or drink any liquid beverage in a glass container while at a special event that received a temporary liquor license. This applies during the time a special event permit is in force, except any authorized vendor required by law to maintain the product in original glass containers prior to service in a non-glass beverage container.
Organizers of special events shall be required to sign an agreement in a form acceptable to the city in which they agree to the city of Wauwatosa, and its departments, and hold the city and its departments, employees, and agents, harmless from any liability to any person resulting from any damage or injury to property or any person which occurs in connection with the permitted event proximately caused by the any actions or inactions of the event's organizer, their officers, employees, or agents, or any person under their control insofar as permitted by law.
All special event organizers shall procure at their expense, a policy of insurance subject to the following minimum requirements for special events:
1. Bodily injury (each occurrence) | $1,000,000.00 |
2. Bodily injury (aggregate) | $1,000,000.00 |
3. Property damage (each occurrence) | $500,000.00 |
4. Property damage (aggregate) | $1,000,000.00 |
The city administrator, or his designee, may cancel or suspend a special event regardless of whether or not a permit has been issued, without prior notice for any significant change in conditions which would or may adversely affect the public health or safety of the community, or for any condition that would place facilities, grounds, or other natural resources at risk of damage or destruction if the event were permitted to take place. Any special event permit applicant aggrieved by a decision of the city staff with respect to cancellation/suspension of an application, imposition of conditions or determination of the extraordinary fees may, upon written request to the city clerk, have the decision reviewed by the government affairs committee of the common council prior to an events scheduled date. Such review and determination of the committee shall constitute final action.
If any provision of this chapter or application thereof to any person or circumstances be held invalid, the remainder of this chapter and the application of such provision to other persons or circumstances shall not be affected. The city of Wauwatosa reserves the right to amend or repeal this chapter at any time upon proper notice; and all rights, privileges and immunities conferred by this chapter or by acts done pursuant hereto shall exists subject to such power.
It is declared that the protection and preservation of the home is the keystone of democratic government; that the public health and welfare and the good order of the community require that members of the community enjoy in their homes and dwellings a feeling of well-being, tranquility, and privacy, and when absent from their homes and dwellings, carry with them the sense of security inherent in the assurance that they may return to the enjoyment of their homes and dwellings; that the practice of picketing before or about residences and dwellings causes emotional disturbance and distress to the occupants; obstructs and interferes with the free use of public sidewalks and public ways of travel; that such practice has as its object the harassing of such occupants; and without resort to such practice full opportunity exists, and under the terms and provisions of this chapter will continue to exist for the exercise of freedom of speech and other constitutional rights; and that the provisions hereinafter enacted are necessary for the public interest to avoid the detrimental results herein set forth and are enacted by the common council of the city of Wauwatosa pursuant to the provisions of Section 62.11(5) of the Wisconsin Statutes.
(Prior code § 9.19(1))
It is unlawful for any person to engage in picketing before or about the residence or dwelling of any individual.
(Ord. O-80-100 § 1, 1980)
Wisconsin Statutes 947.06 is adopted and by reference made a part of this code as though fully set forth herein.
(Ord. O-74-98 § 1, 1974)
To linger idly or aimlessly without lawful purpose.
(Ord. O-88-72 § l (part), 1988)
A person commits a violation if he loiters or prowls in a place, at a time, or in a manner not usual for law-abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the actor takes flight upon appearance of a peace officer, refuses to identify himself, or manifestly endeavors to conceal himself or any object. Unless flight by the actor or other circumstances makes it impracticable, a peace officer shall prior to any arrest for an offense under this section afford the actor an opportunity to dispel any alarm which would otherwise be warranted, by requesting him to identify himself and explain his presence and conduct. No person shall be convicted of an offense under this section if the peace officer did not comply with the preceding sentence, or if it appears at trial that the explanation given by the actor was true and, if believed by the peace officer at the time, would have dispelled the alarm.
(Ord. O-88-72 § 1 (part), 1988)
(Ord. O-88-72 § l (part), 1988)
(Ord. O-01-31 § 1; Ord. O-88-72 § 1 (part), 1988)
No person shall loiter upon the public streets, alleys, sidewalks, street crossings, parks, vacant lots, public buildings or any public place in the City of Wauwatosa in such manner as to prevent, interfere with or obstruct the ordinary free use of such public streets, alleys, sidewalks, street crossings, parks, vacant lots, public buildings or public places by persons using or passing along over or by the same.
(Ord. O-88-72 § 1 (part), 1988)
No person shall loiter upon the public streets, private driveways or sidewalks or in adjacent doorways or entrances so as to obstruct the free entry of such property.
(Ord. O-88-72 § 1 (part), 1988)
No person shall by loitering interfere with the free use of any place of public assembly or public use by others using such place of public assembly.
(Ord. O-88-72 § 1 (part), 1988)
No person shall loiter on any private premises without invitation from the owner or occupant.
(Ord. O-88-72 § 1 (part), 1988)
Any person violating the provisions of this chapter may be subject to forfeiture under the general penalty provisions of this code.
(Ord. O-88-72 § 1 (part), 1988)
(Ord. O-98-44 § 1 (part), 1998)
(Ord. O-98-44 § 1 (part), 1998)
The municipal court may suspend the operating privilege of a person who is at least sixteen years of age but less than eighteen years of age and is a dropout. Such suspension shall be in effect until the person reaches the age of eighteen.
(Ord. O-98-44 § 1 (part), 1998)
(Ord. O-98-44 § 1 (part), 1998)
Any person cited for a violation under this chapter shall be required to appear in municipal court.
(Ord. O-98-44 § 1 (part), 1998)
(Ord. O-97-8 § 1 (part), 1997)
Every owner, keeper or proprietor of any lodging house, rooming house, motel or hotel shall, at all times, during which the premises accommodate guests, roomers or lodgers maintain on duty a responsible management representative or designee. Such management representative or designee shall be an individual capable of assisting and cooperating with the police or other law enforcement officials in maintaining the public health, welfare and safety.
(Ord. O-97-8 § 1 (part), 1997)
All information required to be procured and kept pursuant to Section 7.60.010 of this chapter shall be provided to any federal, state or local sworn law enforcement officer having the lawful power to arrest, upon demand of the officer. The officer shall have a reasonable suspicion that such information is relevant to a then-pending inquiry or investigation at the time he makes the demand. Nothing in this requirement shall be construed as giving any such officer any greater right or license to enter a room or invade privacy than the officer shall otherwise possess as a matter of common law, probable cause, statutory right or warrant.
(Ord. O-97-8 § 1 (part), 1997)
Every owner, keeper or proprietor of any lodging house, rooming house, motel or hotel shall keep and maintain in each and every rental unit, a telephone equipped for outgoing calls, and which telephone will allow any person therein to place a direct call to 911, the Wauwatosa police department or the Wauwatosa fire department. The existence of a minor dialing requirement, such as dialing 9 to obtain an outside line, shall not be deemed a violation of this section.
(Ord. O-97-8 § 1 (part), 1997)
No person shall procure or provide lodging in any lodging house, rooming house, motel or hotel, or any services therefrom, through misrepresentation or production of false identification, or identification which misrepresents the identity of the person procuring or sharing in such lodging or service. A violation of this section shall be punishable under Section 1.12.010.
(Ord. O-97-8 § 1 (part), 1997)
No owner, keeper or proprietor of any lodging house, rooming house, motel or hotel shall rent or provide a room for any number of persons greater than the sleeping accommodations provided within the particular rental unit. A violator of this section shall be punishable under Section 1.12.010.
(Ord. O-97-8 § 1 (part), 1997)
No owner, keeper or proprietor, guest or resident of any lodging house, rooming house, hotel or motel shall allow to congregate within any room or single rental unit a number of persons which is greater than three times the number of persons for whom sleeping accommodations are provided within the single room or rental unit. A violation of this section shall be punishable under Section 1.12.010.
(Ord. O-97-8 § 1 (part), 1997)
In addition to any forfeiture under Section 1.12.010 for violation of this chapter, the city may institute an action or proceeding to enjoin a violation, and such violation shall constitute the basis for revocation of any and all licenses and permits where the city is the issuing authority.
(Ord. O-97-8 § 1 (part), 1997)
The board of public works, pursuant to the powers granted to it by Section 62.14, Wisconsin Statutes, has the authority to approve various policies related to City parks, including the Parks and Forestry Manual, as well as to create rules and regulations for the City parks. The board of public works has enacted the following rules and regulations to promote the orderly governing, management, improvement and care for the parks, parkways, boulevards and pleasure drives located within the city limits of Wauwatosa, and to secure the quiet, orderly and suitable use and enjoyment thereof by the people, which rules and regulations are approved and adopted by the common council of the city of Wauwatosa.
(Ord. O-74-150 § 1 (part), 1974)
The following locations are city parks in which this chapter applies:
(Ord. O-09-20, § I, 10-6-2009; Ord. O-11-13, §§ IV, V, 10-4-2011)
Editor's note(s)—Ord. No. O-09-20, § I, adopted Oct. 6, 2009, repealed former § 7.64.020, and enacted a new § 7.64.020 as set out herein. The former § 7.64.020 pertained to similar subject matter and derived from Ord. No. O-04-18, § 4, 2004; Ord. No. O-81-50, §§ 1, 2, 1981; Ord. No. O-74-150, § 1(part), 1974.
(Ord. O-74-150 § l (part), 1974; Ord. O-09-20, § II, 10-6-2009)
To assure proper cleanup and conduct, the director of public works or designee may require a bond or other form of financial security approved by the city attorney (also referred to as a damage deposit). If permittee or an event attendee does any of the following, this may result in a forfeiture of part or all of the bond that has been posted:
(Ord. O-09-20, § III, 10-6-2009)
Editor's note(s)—Ord. No. O-09-20, § III, adopted Oct. 6, 2009, repealed former § 7.64.040, and enacted a new § 7.64.040 as set out herein. The former § 7.64.040 pertained to similar subject matter and derived from Ord. No. O-74-150, § 1(part), 1974.
The director of public works or designee shall issue a permit hereunder when he finds that:
(Ord. O-74-150 § l (part), 1974)
Within ten days after receipt of an application, the director of public works or designee shall apprise an applicant in writing of his reasons for refusing a permit, and any aggrieved person shall have the right to appeal in writing within ten days after being refused a permit to the board of public works, which shall consider the application under the standards set forth above. The decision of the board of public works shall be final.
(Ord. O-74-150 § l (part), 1974)
A permittee shall be bound by all park rules and regulations and all applicable ordinances, state and federal statutes, fully as though the same were inserted in the permits.
(Ord. O-74-150 § 1 (part), 1974)
The person or persons to whom such permit is issued shall be liable for any loss, damage or injury sustained by any person by reason of the negligence of the person or persons to whom such permit has been issued.
(Ord. O-74-150 § l (part), 1974)
The director of public works or designee shall have the authority to revoke a permit upon a finding of a violation of any rule or ordinance, or upon good cause shown.
(Ord. O-74-150 § l (part), 1974)
Editor's note(s)—Ord. No. O-09-20, § IV, adopted Oct. 6, 2009, repealed §§ 7.64.100—7.64.150, which pertained to concession park permits required at Hart Park, concession permit fees, exempt status, rental of park facilities to include vending machines, concession permittees required to comply with park rules and applicants for concession permits must also comply with other ordinances and derived from Ord. No. O-74-150, § 1(part), 1974.
(Ord. O-74-87 § l (part), 1974)
(Ord. O-74-87 § l (part), 1974
(Ord. O-74-87 § l (part), 1974; Ord. O-11-13, § VI, 10-4-2011)
No person having the control or care of a dog shall suffer or permit such dog to enter or remain in a public park or parkway unless it be led by a leash of suitable strength not more than six feet in length, and then only within such areas in parks as have been designated by order of the park commission. The park commission shall cause signs to be posted in areas wherein dogs are not permitted.
(Ord. O-74-87 § l (part), 1974)
(Ord. O-74-87 § l (part), 1974)
Editor's note(s)—Ord. No. O-09-17, § I, adopted Sept. 1, 2009, deleted § 7.65.060, which pertained to boating regulations and derived from Ord. No. O-82-62, § 1, 1982.
Swimming is permitted only at designated places. No person shall wade, bathe or swim within a park or parkway except at such pools or beaches as are or may be designated for that purpose by the park commission.
(Ord. O-74-87 § l (part), 1974)
No person shall bring into or drink any spirituous, vinous, malt or mixed liquors in any park or parkway, except in such areas as designated by the park commission, and then only by written permission of the park commission, and except at such places as beverages are sold by licensees of the commission.
(Ord. O-74-87 § l (part), 1974)
(Ord. O-74-87 § l (part), 1974)
(Ord. O-74-87 § l (part), 1974)
No person shall sleep, or camp, or lodge in any park or parkway, except in such places as designated for such purposes, as overnight, or tourist, or trailer camps, and then only subject to the rules and regulations of the park commission, governing the use of such areas.
(Ord. O-74-87 § l (part), 1974)
Except for vehicular traffic moving through streets or roadways, and except when the commission publishes general permission to use all or certain parks or parkways upon summer nights, the parks and parkways shall be closed each night between the hours of midnight and sunrise the following morning, and no person shall remain therein during said hours; provided that, the park commission may from time to time, in all or any of the parks or parkways, publish or post closing hours different from the above, or discontinue closing hours, as in the exercise of the judgment of the commission may appear reasonable and necessary.
(Ord. O-74-87 § l (part), 1974)
Chapter 47 of the county code of ordinances relating to regulations for the management and control of the parks and parkways in Milwaukee County is by reference made a part of this code as though fully set forth herein and shall apply to all county parks and parkways within the jurisdiction of the city. Any future amendments, revisions or modifications of county ordinances contained in Chapter 47 of the county code of ordinances incorporated herein are intended to be made a part of this chapter.
(Ord. O-88-25 § 1, 1988)
The throwing or depositing of garbage, bottles, cans, debris, chemicals or dyes or any other materials or liquids of whatsoever kind within or above any fountain situated upon public grounds within the City of Wauwatosa is prohibited.
(Prior code § 9.27(1); § 1 (part) of Ord. dated August 4, 1970)
The tampering with any fountain or facility pertaining to any fountain situated upon public grounds within the City of Wauwatosa is prohibited.
(Prior code § 9.27(2); § 1 (part) of Ord. dated August 4, 1970)
Wading or swimming in any water fountain or the pool of the fountain situated upon public grounds within the City of Wauwatosa is prohibited.
(Prior code § 9.27(3); § 1 (part) of Ord. dated August 4, 1970)
The provisions of this chapter shall not apply to work or services authorized and performed to fountains by or for the City of Wauwatosa.
(Prior code § 9.27(4); § 1 (part) of Ord. dated August 4, 1970)
No person shall remove from the Wauwatosa Public Library any book or other library materials without having such material checked out.
(Ord. O-77-103 § 1 (part), 1977)
No person shall mar, deface or in any other way damage or mutilate any book or other library materials belonging to or in the custody of the Wauwatosa Public Library.
(Ord. O-77-103 § 1 (part), 1977)
No person shall fail on demand to return any book or other library materials belonging to, assigned to or on loan to the Wauwatosa Public Library.
(Ord. O-77-103 § 1 (part), 1977)
No person who, after receiving a demand for the return of any Wauwatosa Public Library material, shall take or check out any material from such library and their library privileges suspended until such time as the material demanded has either been returned or just compensation made for such material based upon a value determined by the librarian. The library privileges of a parent or guardian may also be suspended in accordance with the responsibility provided for in Section 7.68.050.
(Ord. O-77-103 § 1 (part), 1977)
The parent or guardian of any minor child violating any provision of this chapter shall be held responsible for the loss or return of any such material checked out by their minor child. The parent or guardian shall be subject to the penalty provisions of this chapter for the violations of this chapter committed by their minor child or ward. The library privileges of a parent or guardian may be suspended as provided for in 7.68.040.
(Ord. O-77-103 § 1 (part), 1977)
Any person violating any of the provisions of this chapter shall be subject to the general penalty provisions of this code.
(Ord. O-77-103 § 1 (part), 1977)
Any group or person that misrepresents itself or its purpose in an application for the use of a city or library meeting room shall be subject to citation and prosecution in Wauwatosa municipal court.
(Ord. O-94-6 § 2, 1994)
(Prior code § 6.031(1); § 1 (part) of Ord. dated March 21, 1972; Ord. O-86-54 § 1, 1986; Ord. O-94-23 § 1, 1994)
Section 7.82.010 shall not apply to employees of class "A" and class "C" licenses while handling such commodities in unopened containers in the course of their employment.
(Prior code § 6.031(2))
No underage person shall represent that he or she is of the legal drinking age for the purpose of asking for or receiving alcoholic beverages from any person licensed to sell alcoholic beverages.
(Prior code § 6.032; Ord. O-86-54 § 2, 1986)
It is unlawful for any person under the age of seventeen years to congregate, loiter, wander, stroll, stand or play in or upon the public streets, highways, roads, alleys, parks, public buildings, places of amusement and entertainment, vacant lots or any public places in the City of Wauwatosa, either on foot or in or upon any conveyance being driven or parked thereon, between the hours of eleven p.m. and five a.m. of the following day, official city time, unless accompanied by his or her parent, guardian or other adult person having his or her care, custody or control. This section is subject to the exceptions listed below.
(Ord. O-88-69 § 1 (part), 1988)
It is unlawful for the parent, guardian or other adult person having the care and custody of a person under the age of seventeen years to allow such minor to congregate, loiter, wander, stroll, stand or play in or upon the public streets, highways, roads, alleys, parks, public buildings, places of amusement and entertainment, vacant lots, or any public places in the City of Wauwatosa between the hours of eleven p.m. and five a.m. of the following day unless the said person under the age of seventeen years is accompanied by his or her parent, guardian or other adult person having the care, custody or control of such minor; provided, that the parent, guardian or other adult person herein who shall have made a missing person notification to the police department shall not be considered to be in violation of this section.
(Ord. O-88-69 § 1 (part), 1988)
It is unlawful for any person, firm or corporation operating places of amusement or entertainment, or any agent, servant or employee of any such person, firm or corporation to permit any person under the age of seventeen years to enter or remain in such places of amusement or entertainment during the hours prohibited in this chapter, unless such person is accompanied by his or her parent, guardian or other adult person having the care, custody or control of such minor.
(Ord. O-88-69 § l (part), 1988)
It is unlawful for any person, firm or corporation operating a hotel, motel, lodginghouse or roominghouse, or any agent or servant or employee of any such person, firm or corporation operating a hotel, motel, lodginghouse or roominghouse, to permit any person under the age of eighteen years to visit, loiter, idle, wander or stroll in any portion of such hotel, motel, lodginghouse or roominghouse between the hours of ten p.m. and seven a.m. of the following day, official city time; provided, however, that the provisions of this section do not apply when the minor is accompanied by his or her parent, guardian or other adult person having the care, custody and control of such minor.
(Ord. O-88-69 § 1 (part), 1988)
Persons under the age of seventeen may use public streets, sidewalks, alleys, street crossings and public buildings between the hours of eleven p.m. and five a.m. without being accompanied by a parent, guardian or other adult person; provided, that the purpose is directly related to education, employment or religious worship.
(Ord. O-88-69 § 1 (part), 1988)
(Ord. O-88-69 § 1 (part), 1988)
As used in this chapter:
It is unlawful for any person to intentionally use any type of carotid restraint or any type of neck restraint on any individual.
Self defense and defense of others, as defined in Section 939.48, Wisconsin Statutes, is a defense to liability in this section.
The general penalty provisions shall apply for any violation of this chapter.
In this chapter, unless the context otherwise requires:
(Ord. O-78-23 § 1 (part), 1978)
(Ord. O-78-23 § 1 (part), 1978; Ord. O-11-13, § VII, 10-4-2011)
(Ord. O-11-13, § I, 10-4-2011)
(Ord. O-93-49 § 1 (part), 1993)
(Ord. O-93-49 § 1 (part), 1993)
No person shall do any of the following:
The following enumerated sections of the Wisconsin State Statutes pertaining to health are hereby made a part of the code as though fully set forth herein. Any future amendments, revisions or modifications of the statutes incorporated herein are intended to be made a part of this chapter.
| 1. Wisconsin Statutes Chapter 97 | Food Regulation |
(Ord. O-06-8 § 2, 2006)
The following enumerated sections of the Wisconsin Administrative Code pertaining to health are hereby and by reference made a part of this code as though fully set forth herein. Any future amendments, revisions and modifications of the Administrative Code incorporated herein are intended to be made a part of this chapter.
ATCP 76 | Safety, Maintenance and Operation Public Swimming Pools |
ATCP 78 | Recreational and Education Camps |
ATCP 79 | Campgrounds |
ATCP 72 | Hotels, Motels and Tourist Rooming Houses |
ATCP 74 | Local Agents and Regulation |
ATCP 75 | Retail Food Establishments |
SPS 380 | Design and construction of Public Swimming Pools & Water Attractions |
ATCP 13 | Rabies |
(Ord. O-09-05, 4-21-2009)
Editor's note(s)—Ord. No. O-09-05, adopted Apr. 21, 2009, deleted the former § 8.02.010, and enacted a new § 8.02.010 as set out herein. The former § 8.02.010 pertained to similar subject matter and derived from Ords. No. O-06-8, § 3, 2006 and O-95-33, § 1, 1995.
It is unlawful to construct, erect, or rebuild any building, structure, or factory to be used for the purpose of manufacturing or compounding of chemicals, extracts, or any other substances which give off or emit any nauseous or offensive odors or smells in the city of Wauwatosa unless plans are approved, and a permit granted therefor, by the common council.
(Prior code § 5.06(1))
It is unlawful to use any structure, building, or factory in the city of Wauwatosa for any of the purposes mentioned in this section without first applying to and receiving the permit of the common council of the city of Wauwatosa therefor.
(Prior code § 5.06(2))
It is unlawful to use any structure, building, or factory in the city of Wauwatosa, for the storing of nitric, sulphuric, or other acids, the fumes or vapors from which will injure the health, comfort, or conveniences of the inhabitants of the city of Wauwatosa.
(Prior code § 5.06(3))
Editor's note(s)—The title of Chapter 8.08 was amended by Ord. No. O-09-05, adopted 4-21-2009.
Definition. Whatever is dangerous, unsanitary or unwholesome to human life or health and whatever renders the land, water, air, articles of food or drink impure or unwholesome, is a nuisance and illegal; and any person or persons who creates, causes or maintains any such thing or condition, is guilty of a violation of this of this chapter and shall be liable for all the costs and expenses attendant upon the removal of such thing or condition, and for any further penalty that may be hereinafter provided.
(Ord. O-01-33 §§ 1, 3 (part))
Whenever the health officer or his/her designee knows or has reasonable causes to believe, or whenever any complaint is made to the officer, that there is upon any land or premises, or on any adjacent to any road, street, alley, thoroughfare, or public place, within the limits of this city, any thing detrimental to the public health or that is a nuisance, for the protection of the public health, and for the safety of all persons affected or concerned, the health officer of his/ her designee shall enter upon any premises and into any dwelling to ascertain any nuisance that may exist, and examine the condition or inspect the premises and dwelling.
(Ord. O-01-33 §§ 1, 3 (part))
Whenever any nuisance shall be found, the health officer or his/her designee shall issue an order to the owner or occupant thereof to remove or abate the same at his expense within a reasonable time as specified in the order and if he shall refuse or neglect to comply with such order, he shall be subject to a fine in accordance with Section 1.12 of the city ordinances. In addition to the penalties herein provided, appropriate legal or equitable action may be commenced to enjoin any person from violating any of the provisions of this section. Each day on which any person shall so fail, neglect, omit, or refuse to comply with such order after service of the same may be considered a separate violation.
(Ord. O-01-33 §§ 1, 3, (part))
The order shall specify a time within which the owner and or occupant shall comply therewith and any corresponding penalties.
(Ord. O-01-33 §§ 1, 3, (part))
The order shall be served on the owner or occupant of the premises by delivering a copy of same to such occupant personally; or by delivering the same to and leaving it with an adult, competent person in charge of the premises or vehicle; or in case no such person is found upon the premises; by affixing a copy thereof in a conspicuous place near the entrance to the premises or vehicle; or by certified mail with return receipt requested.
(Ord. O-01-33 §§ 1, 3, (part))
Any person aggrieved by an order from the city in respect to this chapter may appeal the order by filing a written notice of the appeal with the board of health which shall schedule a hearing for no more than thirty days from receipt of the appeal. The decision of the board of health shall be delivered to the appellant no more than seven days following the date of the hearing.
(Ord. O-01-33 §§ 1, 3, (part))
No person shall resist or obstruct the health officer while he or she is in the discharge of any duty. No person shall refuse or neglect to obey any direction given by the health officer in matters pertaining to his or her duties.
(Ord. O-09-05, 4-21-2009)
Editor's note(s)—Ord. No. O-09-05, adopted Apr. 21, 2009, deleted the former § 8.08.070, and enacted a new § 8.08.070 as set out herein. The former § 8.08.070 pertained to similar subject matter and derived from Ord. No. O-80-69, § 1, 1980.
It shall be the duty of every healthcare provider or laboratory which cares for clients who reside within the limits of the city to make a report to the health officer of any case of disease or condition that is reportable in State of Wisconsin per State Statute Ch. 252 and Ch. DHS 145 that he/she may be called upon to attend professionally within the city limits and any healthcare provider or laboratory who neglects or refuses to make report is herein required within the timeframe laid out by WI State Statute Ch. 252 and Ch. DHS 145 of the time when they visit and ascertains any case or disease such as herein mentioned shall be subject to the general penalty provisions of the code.
(Ord. O-09-05, 4-21-2009)
Editor's note(s)—Ord. No. O-09-05, adopted Apr. 21, 2009, deleted the former § 8.08.090, and enacted a new § 8.08.090 as set out herein. The former § 8.08.090 pertained to similar subject matter and derived from Ord. No. O-80-69, § 6, 1980 and prior code § 5.01(9).
As used in this section, the following words and phrases shall have the following meanings ascribed to them in this section.
(Ord. O-02-4 § 1, 2002; Ord. O-02-27 § 1, 2002)
(Ord. O-02-4 § 2, 2002; Ord. O-02-26 § 1, 2002)
No one having charge or control of any schoolhouse or church, or of any room or building used for school or church purposes, or for any public assembly in this city, shall permit the body of any person dead from smallpox, diphtheria, scarlet fever, Asiatic cholera, or other dangerous contagious diseases to be taken into such building or room for the purpose of holding funeral services over such body; and no sexton, undertaker or other person having charge or direction of the burial of any body dead from any of these diseases herein mentioned shall permit the casket or coffin containing such body to be opened in the presence of any child; neither shall any child be permitted to act as pall bearer or carrier at any such funeral; and the health officer shall have power to prevent the attendance at the funeral or burial of any person dead from dangerous contagious diseases of all persons other than those necessary for the interment of such body; and any person who violates any of the provisions of this section shall be subject to the general penalty provisions of the code.
(Ord. O-09-05, 4-21-2009)
Editor's note(s)—Ord. No. O-09-05, adopted Apr. 21, 2009, deleted the former § 8.08.120, and enacted a new § 8.08.120 as set out herein. The former § 8.08.120 pertained to similar subject matter and derived from Ord. No. O-80-69, § 8, 1980 and prior code § 5.01(12).
Editor's note(s)—Ord. No. O-19-23, pt. XXIII, adopted September 3, 2019, repealed § 8.08.130. Former § 8.08.130 pertained to spitting in public places prohibited and derived from § 5.02 of the prior code.
The following definitions apply throughout the entire chapter:
"City" means Wauwatosa, Wisconsin.
"Groundwater" means all water found beneath the surface of the city of Wauwatosa located in sand, gravel, lime, rock or sandstone, geological formations, or any combinations of these formations.
"Health officer" means the health officer of the city of Wauwatosa.
"Human health hazard" means a substance, activity, or condition that is known to have potential to cause acute or chronic illness or death; to endanger life; to generate or spread infectious diseases; or otherwise injuriously affect the health of the public if exposure to the substance, activity or condition is not abated.
"Immediate health hazard" means a condition which exists or has the potential to exist which should, in the opinion of the health officer or his/her designee, be abated or corrected immediately to prevent possible harm or severe damage to human health and/or the environment.
"Ordinance" means the "City of Wauwatosa Human Health Hazard Ordinance."
"Owner" means a person who has legal title to a structure, building, or dwelling or a person who has charge, care or control of a dwelling or unit of a dwelling as a tenant, occupant or as an agent of or as executor, administrator, trustee, or guardian of the estate of a person under this paragraph.
"Person" means any individual, firm, corporation, society, institution, public body or any other entity.
"Pollution" means the contaminating or rendering unclean or impure the air, land or waters of the city, or making the same injurious to public health, harmful for commercial or recreational use, or deleterious to fish, bird, animal or plant life.
"State" means State of Wisconsin.
"Structure, building, or dwelling" means a building or structure having walls and a roof erected or set upon an individual foundation or slab constructed base designated or used for the housing, shelter, enclosure, or support of persons, animals or property of any kind. This definition includes mobile homes.
(Ord. O-01-33 § 4 (part); Ord. O-09-05, 4-21-2009)
(Ord. O-01-33 § 4 (part))
This ordinance codified in this chapter, is adopted pursuant to the authority granted by Chapters 251 and 254 of the Wisconsin Statutes.
(Ord. O-01-33 § 4 (part))
(Ord. O-01-33 § 4 (part))
(Ord. O-01-33 § 4 (part))
Severability. Each section, paragraph, sentence, clause, word, and provision of this ordinance is severable, and if any provisions shall be held unconstitutional or invalid for any reason, such decisions shall not affect the remainder of the chapter nor any part thereof other than that affected by such decision.
(Ord. O-01-33 § 4 (part))
(Ord. O-01-33 § 4 (part); Ord. O-02-25 § 1, 2002)
(Ord. O-01-33 § 4 (part))
(Ord. O-01-33 § 4 (part); Ord. O-09-05, 4-21-2009)
(Ord. O-01-33 § 4 (part))
(Ord. O-01-33 § 4 (part))
Editor's note(s)—Ord. O-19-20, pt. I, adopted August 6, 2019, repealed ch. 8.12, § 8.12.010 and enacted a new ch. 8.12 as set out herein. Former ch. 8.12 pertained to similar subject matter and derived from Ord. No. O-10-09, adopted May 4, 2010.
The common council of the city of Wauwatosa finds that:
The chapter is adapted for the purpose of protecting the public health, safety, comfort and general welfare of the people of the city of Wauwatosa. This chapter is adapted under the authority of Section 101.123(4m), Wisconsin Statutes.
Except as set forth below, the definitions of Section 101.123(1), Wisconsin Statutes, are hereby adopted. In this section:
"Electronic smoking device" means any product containing or delivering nicotine or any other substance intended for human consumption that can be used by a person in any manner for the purpose of inhaling vapor or aerosol from the product. The term includes any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen, or under any other product name or descriptor.
"Smoking" includes inhaling, exhaling, burning or carrying any lighted or heated cigar, cigarette, pipe, hookah pipe, plant or other combustible substance in any manner or in any form and use of electronic devices with electrical ignition or vaporization (e-cigarettes/cigars or similar devices).
The provisions of Section 101.123, Wisconsin Statutes, as amended by 2009 AB 720 and as further amended by 2009 Wisconsin Act 276, are hereby adopted in their entirety.
Prohibition against smoking under this section shall include use of an electronic smoking device as defined in this chapter.
No person shall sell or offer for sale or provide for nominal or no consideration any electronic smoking device to any person under eighteen years of age.
No person under eighteen years of age shall possess or use any electronic smoking device.
Consistent with Section 101.123, Wisconsin Statutes, the prohibition of smoking contained under this chapter does not apply to the immediate outdoor vicinity of city owned buildings.
Each section, paragraph, sentence, clause, word, and provision of this chapter is severable, and if any such section or provision shall be held unconstitutional or invalid for any reason, such decision(s) shall not affect the remainder of the chapter nor any part thereof other than that affected by such decision.
Interpretation. Whenever the provisions of the Wisconsin Statutes and this chapter conflict, the provisions of this chapter shall apply.
Editor's note(s)—Ord. O-19-20, pts III—X, adopted August 6, 2019, repealed ch. 8.13, §§ 8.13.010—8.13.090. Former ch. 8.13 pertained to electronic smoking devices and derived from Ord. No. O-10-09, adopted May 4, 2010 and Ord. No. O-15-08, adopted February 17, 2015. Similar subject matter can now be found in ch. 8.12.
The provisions of Wisconsin State Statutes Chapter 463 - Body Art and Tanning Facilities, and Wisconsin Administrative Code Chapter SPS 221 Tattooing and Body Piercing, as those chapters may be amended in the future, are hereby adopted and made a part of this code as though fully set forth herein, for the purpose of regulating and licensing such establishments by the City of Wauwatosa, as an agent of the State of Wisconsin, as provided by Sec. 463.16, Wisconsin Statutes.
Individuals who are fully vaccinated against COVID-19 may resume normal indoor and outdoor activities without the requirement of wearing a face covering or physically distancing, except in healthcare settings or as otherwise required by law. The city acknowledges the right, independent of any ordinance, of the owners or operators of individual properties, workplaces, places of business or other public accommodations to set their own rules and policies regarding the wearing of masks. This section is intended to incorporate and comply with the definitions and limitations contained within the Interim Public Health Recommendations for Fully Vaccinated People issued by the Centers for Disease Control and Prevention on May 13, 2021.
Exceptions. Exceptions for face coverings shall be made under the following circumstances:
This chapter shall expire, and have no further force and effect, on June 16, 2021, unless and until the common council enacts a different expiration date by a future amendment to this chapter.
As used in this chapter, the following words and phrases shall have the meanings ascribed to them in this section:
(Ord. O-88-26 § 1 (part), 1988; Ord. O-94-49 §§ 1, 2 (part), 3—7, 1994; Ord. O-97-43 § 1 (part), 1997; Ord. O-10-02, §§ I—IV, 3-2-2010)
(Ord. O-88-26 § 1 (part), 1988; Ord. O-94-49 §§ 2 (part), 8, 1994)
Domestic solid wastes collected and disposed of by the city include the following options for the handling of domestic solid wastes:
Option 1. Use of a city-furnished wheeled refuse cart, stored on the premises at each residence, and placed at the curbside or alley for pickup and disposal by city forces.
Option 2. Use of backyard collection service utilizing a city-furnished wheeled refuse cart stored in an off-street location on the premises for pickup and disposal by city forces and subject to payment of a nonrefundable annual user fee established by the common council. Yard waste and special refuse are not a part of backyard service.
Under the above options, domestic solid waste shall be prepared and stored as follows:
(Ord. O-88-26 § 1 (part), 1988; Ord. O-90-39 § 1, 1990; Ord. O-94-49 §§ 2 (part), 9—12, 1994; Ord. O-97-43 § 1 (part), 1997)
Each and every owner, operator, manager, housekeeper, tenant or occupant of every dwelling, building or portion thereof receiving refuse service by city forces, and wherein any refuse accumulates, shall collect the same into the following containers:
(Ord. O-88-26 § 1 (part), 1988; Ord. O-94-49 §§ 13, 14, 1994; Ord. O-97-43 § 1 (part), 1997)
The placing out of combined refuse for curbside or alley collection by city forces, shall be by seven a.m. on the scheduled day of collection, but not sooner than two-thirty p.m. on the day prior to collection including Saturdays and Sundays.
The refuse containers shall be removed from the curb side or alley prior to eight a.m. on the day following collection service.
(Ord. O-88-26 § 1 (part), 1988; Ord. O-97-43 § 1 (part), 1997)
Containers for the collection of refuse shall be kept in the following listed places:
(Ord. O-88-26 § 1 (part), 1988)
(Ord. O-88-26 § 1 (part), 1988; Ord. O-91-8 § 1, 1991; Ord. O-94-49 § 15, 1994)
Public dumping grounds are prohibited within the limits of the city of Wauwatosa. A "public dumping ground" for the purpose hereof is defined to be a place where refuse, rubbish, ashes or garbage might be deposited or dumped by the public or by any municipal corporation. Such public dumping ground is a nuisance.
(Ord. O-88-26 § 1 (part), 1988)
The placing or causing to be placed or deposited or maintained upon any private or city property of any waste material that shall give off offensive odors or become combustible is hereby declared to be a public nuisance and is prohibited.
(Ord. O-88-26 § 1 (part), 1988)
The placing or causing to be placed within the corporate limits of the city of Wauwatosa any paper, rags, or other similar materials so that the same may be blown about by the wind is a public nuisance and is prohibited.
(Ord. O-88-26 § 1 (part), 1988)
The placing or causing to be placed of recyclables, yard waste, scrap metals, lead acid and other vehicle batteries, contractor-generated waste, sewage treatment residues, liquid or industrial wastes, and hazardous wastes including pathological wastes, explosives, and toxic chemicals or other wastes which according to existing or future laws or regulations require special handling in their collection and disposal is prohibited.
Items prohibited from refuse carts shall be managed as indicated in Section 8.25.
Police officers, officers of the city or agents so assigned by the city of Wauwatosa are empowered to issue citations for the violation of any ordinance codified in this chapter, and the citation shall contain the following information:
(Ord. O-88-26 § 1 (part), 1988)
| First violation | Warning |
| Second violation | $100.00 forfeiture |
| Third and subsequent violations | Double the last forfeiture |
(Ord. O-95-52 § 1, 1995; Ord. O10-02, § V, 3-2-2010)
The purpose of this chapter is to promote recycling, composting, and resource recovery through the administration of an effective recycling program, as provided in Section 287.11, Wisconsin Statutes and Chapter NR 544, Wisconsin Administrative Code.
(Ord. O-07-24 § 2, 2007)
The ordinance codified in this chapter is adopted as authorized under Sections 66.0415, 287.11(2)(b), and 289.01 of the Wisconsin Statutes.
(Ord. O-07-24 § 3, 2007)
It is not intended by this chapter to repeal, abrogate, annul, impair or interfere with any existing rules, regulations, ordinances or permits previously adopted or issued pursuant to law. However, whenever this chapter imposes greater restrictions, the provisions of this chapter shall apply.
(Ord. O-94-48 § 1 (part), 1994)
In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes. Where any terms or requirements of this chapter may be inconsistent or conflicting, the more restrictive requirements or interpretation shall apply. Where a provision of this chapter is required by Wisconsin Statutes, or by a standard in Chapter NR 544, Wisconsin Administrative Code, and where the chapter provision is unclear, the provision shall be interpreted in light of the Wisconsin Statutes and the Chapter NR 544 standards in effect on the date of the adoption of the ordinance codified in this chapter, or in effect on the date of the most recent text amendment to this chapter.
(Ord. O-94-48 § 1 (part), 1994)
Should any portion of this chapter be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected.
(Ord. O-94-48 § 1 (part), 1994)
The requirements of this chapter apply to all persons within the city of Wauwatosa, as well as occupants and owners or designated agents of multiple-family dwellings and nonresidential facilities and properties.
(Ord. O-94-48 § 1 (part), 1994)
The provisions of this chapter shall be administered by the city of Wauwatosa and its designated agents.
(Ord. O-94-48 § 1 (part), 1994)
Words, phrases, or other expressions used in this chapter shall have meanings as follows:
"Appliance (major appliance)" means those which are considered to contain freon, PCB-containing capacitors, and mercury-containing switches or timing devices, including, but not necessarily limited to: air conditioners, clothes dryers and washers, dehumidifiers, dishwashers, fluorescent lighting fixtures with ballasts, freezers, forced air furnaces, garbage disposals and compactors, heat pumps, mercury vapor lamps, microwave ovens, ranges and stoves, refrigerators, and water heaters.
"Bi-metal container" means a container for carbonated or malt beverages that is made primarily of a combination of steel and aluminum.
"City" means the city of Wauwatosa, Wisconsin.
"Composting" means the controlled biological decomposition and conversion of solid organic material into a humus-like substance called compost. The process is aerobic, meaning that it requires the presence of oxygen. The process uses various natural microorganisms such as bacteria and fungi to break down the complex organic compounds into simpler substances.
"Container board" means corrugated paperboard used in the manufacture of shipping containers and related products.
"Contractor" means the entity named and designated in the contract(s) the city has entered into to provide recycling, solid waste, yard waste and/or street cleaning services.
"Department" means the city of Wauwatosa department of public works, or its designee.
"DNR" means the Department of Natural Resources of the state of Wisconsin and its various bureaus and specialized management sections.
"Drop-off center" means the site operated by the city at the public works yard at 11100 W. Walnut, Wauwatosa, Wisconsin, where residents of the city can deposit recyclables, yard waste and residential refuse.
"EPA" means the United States Environmental Protection Agency.
"E-Waste" includes all covered electronic devices including a consumer video display device, consumer computers and related accessories (such as hard drives/towers, printers, keyboards, mice, and monitors), cell phones and televisions.
"Foam polystyrene packaging" means packaging made primarily from foam polystyrene that satisfies one of the following criteria:
"Fully automated collection" means curbside pickup of recycling cart materials by use of dedicated recycling trucks with robotic arms to lift and empty the contents of the cart into the body of the truck(s) or their attached collection equipment.
"HDPE" means high density polyethylene, currently labeled by the Society of the Plastics Industry, Inc. (SPI) code number 2.
"Holidays" mean New Year's Day (January 1st); Good Friday; Memorial Day (Last Monday in May); Independence Day (July 4th or if on a weekend, the day so designated by the city); Labor Day (first Monday in September); Thanksgiving Day (fourth Thursday in November or the day designated by the Governor of Wisconsin); Christmas Day (December 25th or, if on a weekend, the day so designated by the city); and the last normal workdays before Christmas Day and before New Year's Day; or as otherwise designated now or in the future in the agreement between the city and Local 305 AFSCME AFL-CIO District Council 48.
"Landfill" means a location used for the burial of solid waste and process residue in accordance with all applicable local, state, and federal laws, rules and regulations.
"LDPE" means low-density polyethylene, currently labeled by the SPI code number 4.
"Magazines" mean magazines and other materials printed on similar paper.
"MRF" means material recovery facility or facilities which receives commingled recyclables, and separates and processes these recyclables for sale to end-user markets.
"Multiple-family dwelling" means a property containing five or more residential units, including those which are occupied seasonally.
"Newspaper" means newspaper and other materials printed on newsprint.
"Nonresidential facilities and properties" mean commercial, retail, industrial, institutional and governmental facilities and properties. This term does not include multiple-family dwellings. Nonresidential facilities and properties includes any location at which goods or services are provided or manufactured, including locations under construction, demolition, or remodeling, or used for special events such as fairs, festivals, sport venues, conferences, and exhibits.
"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, but can include mixed paper if high grade office paper is included in the mixed paper pack.
"Operating hours" means normal hours of operation of the drop-off center, and/or for providing other services to the city.
"Other resins" or "multiple resins" mean plastic resins currently labeled by the SPI code number 7.
"Person" means any individual, corporation, limited liability company, partnership, association, local governmental unit, as defined in Section 66.0131(1)(a) Wisconsin Statutes, state agency or authority or federal agency.
"PETE" or "PET" means polyethylene terephthalate, currently labeled by the SPI code number 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.
"Postconsumer waste" means solid waste other than solid waste generated in the production of goods, hazardous waste, as defined in Section 291.01(7), Wisconsin Statutes, waste from construction and demolition of structures, scrap automobiles, or high-volume industrial waste, as defined in Section 291.01(17), Wisconsin Statutes.
"PP" means polypropylene, currently labeled by the SPI code number 5.
"Process residue" or "residue" means the unusable material, excepting rejects, generated in processing of recyclables at the MRF or elsewhere and which requires disposal in a landfill.
"Processing" means preparation of source-separated or commingled recyclables for market.
"PS" means polystyrene, currently labeled by the SPI code number 6.
"PVC" means polyvinyl chloride, currently labeled by the SPI code number 3.
"Recyclables" mean materials in the waste stream that can be remanufactured into useful products; specifically those materials described under Wisconsin Statutes 287.07. "Curbside and drop-off collected recyclables" are recyclables currently collected or collected in the future by city forces or contractor(s). These materials may include aluminum beverage containers, steel and bimetal cans, newspaper, magazines, corrugated paper or other container board, office paper, plastic containers, and glass containers. This list may be expanded or revised to comply with state of Wisconsin landfill disposal bans.
"Recycling" means the series of activities involving the recovery of recyclables from solid waste and returning them to productive use through reprocessing or remanufacture.
"Recycling cart" means the two-wheeled cart provided by the city dedicated to the storage and collection of recyclables; and designated as being not for garbage or yard materials.
"Rejects" mean solid waste materials not included under the definition of curbside and drop-off collected recyclables and inadvertently set out for collection, or dropped off, by residents, and material which the contractor demonstrates, to the satisfaction of the city, to be unusable because of its nature or condition at the time of delivery to the MRF.
"Single stream recycling" (also known as "fully commingled" or "single sort") means a system in which all recyclables are mixed together in the recycling cart and a dedicated collection truck, instead of being separated and packaged separately by type of recyclables by the residents and handled separately throughout the collection process. In the city's single stream recycling program, both the collection and processing systems are to be designed to handle this fully-commingled mixture of recyclables.
“Solid waste” has the meaning specified in s. 289.01(33), Wis. Stats.
“Solid waste facility” has the meaning specified in s. 289.01(35), Wis. Stats.
“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.
"State" means the state of Wisconsin.
"Subcontractor" means a corporation, partnership or individual having a direct contract with the contractor for performing any work or services for the city on behalf of the contractor.
"Tires (or scrap tires or waste tires)" mean vehicle tires from passenger cars and light trucks that are no longer suitable for their original purpose because of wear, damage, or defect.
"Unacceptable waste" means any explosives, biomedical waste, radioactive waste, or hazardous waste. The definition of what constitutes hazardous waste shall be determined according to Wisconsin NR 600 (Note: Wisconsin NR 605.05 exempts household hazardous wastes from regulation as hazardous waste)
"Vehicle batteries" mean lead acid batteries used in motor powered vehicles. Batteries in electric vehicles should be managed according to manufacturer instructions.
"Waste oil (or oil)" means any waste oil used in the engine or crankcase of a motor vehicle.
"Yard waste" or "yard materials" mean leaves, yard and garden debris (except grass in the city of Wauwatosa), and brush, including clean woody vegetative material no greater than six inches in diameter. This term does not include stumps, roots or shrubs with intact root balls or fruit from fruit-bearing trees.
(Ord. O-07-24 § 5, 2007; Ord. O-10-02, §§ VI—VIII, 3-2-2010)
Occupants of single-family and two- to four-unit residences, multiple-family dwellings and nonresidential facilities and properties shall separate for recycling the following materials from postconsumer waste.
Acceptable recycling methods for the below materials vary and several materials listed are not accepted in curbside recycling carts. Refer to appropriate sections below for specific instructions for materials listed and refer to the City website for updated information on materials accepted in curbside carts.
A. Yard materials; B. Major appliances; C. Waste oil; D. Lead acid and all other vehicle batteries; E. Scrap tires; F. Foam polystyrene packaging; G. Aluminum containers; H. Bi-metal containers; I. Corrugated paper and other container board; J. Glass containers; K. Magazines; L. Newspaper; M. Office paper; N. Rigid plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS, and other resins or multiple resins; and O. Steel containers.
(Ord. O-07-24 § 6, 2007)
The separation requirements of Section 8.25.100 do not apply to the following:
(Ord. O-07-24 § 7, 2007)
To the greatest extent practicable, the recyclables separated in accordance with Section 8.25.100 shall be cleaned and kept free of contaminants such as food or product residue, oil or grease, or other nonrecyclable materials, including but not limited to containers for household hazardous waste, medical waste, and agricultural chemicals. Recyclables shall be stored in a manner which protects them from inclement weather, and prevents their scattering and contribution to other nuisance conditions. Plastic bags are not accepted in curbside recycling and recyclables cannot be collected in plastic bags. Recyclables may be placed loose into recycling carts or in open paper bags within recycling carts. Recyclables prepared for city curbside collection shall be placed in the dedicated recycling carts separate from other refuse containers for collection according to the provisions of Chapter 8.24 of this code for solid waste collection and disposal.
(Ord. O-07-24 § 8, 2007)
A city-furnished recycling cart shall be delivered to each eligible residence and used exclusively for recyclables generated by this residence. Recycling carts remain the property of the city of Wauwatosa and shall be used in accordance with the applicable provisions of this chapter.
(Ord. O-07-24 § 9, 2007; Ord. O-10-02, § IX, 3-2-2010)
Occupants of single-family and two- to four-unit residences, multiple-family dwellings, and nonresidential facilities and properties shall manage yard waste as follows:
(Ord. O-07-24 § 10, 2007)
Occupants of single-family and two- to four-unit residences, multiple-family dwellings, and nonresidential facilities and properties shall manage major appliances by separating them for recycling and delivering them to private appliance dealers or scrap yards that may accept them for a fee. Single family and two to four unit residences may also place the appliances at the curb for special city pick-up, which must be scheduled in advance by calling the public works department; or may deliver the appliances to the drop-off center at the public works yard. The city curbside and drop-off collections of appliances are subject to recycling fees established by the city and identified in Section 8.25.250.
(Ord. O-94-48 § 1 (part), 1994)
Occupants of single-family and two- to four-unit residences, multiple-family dwellings, and nonresidential facilities and properties shall manage waste motor oil, lead acid and all other vehicle batteries, scrap tires and electronic waste (e-waste) as follows.
(Ord. O-94-48 § 1 (part), 1994)
Except as otherwise directed by the department, occupants of single-family and two- to four-unit residences shall do the following for the preparation and collection of the separated recyclables specified in Section 8.25.100(F) through (O) for the single stream recycling program.
Specific recyclable materials and proper preparation of recyclables can change based on commodity market conditions and available recycling equipment. The City’s website is kept up-to-date with relevant recycling guidance and allowable material. Recyclables shall be placed loose into the recycling cart or within an open paper bag, materials bagged in plastic are not permitted.
(Ord. O-07-24 § 11, 2007)
Separated recyclables prepared according to Section 8.25.160 above shall be placed in the recycling cart for fully automated curbside collection. Provisions which govern curbside collection of recyclables include the following.
(Ord. O-07-24 § 12, 2007)
Residential recyclables and refuse, upon placement at the curb, shall become the property of the city. Recyclables collected by a hauler under contract with the city, multiple-family dwelling or nonresidential facility, shall become the property of the hauler/contractor once collected.
It is unlawful for any person, unless under contract with or licensed by the municipality or state, to collect or remove any recyclable material that has been deposited or placed at the curb for recycling, or placed in a recycling container adjacent to a home, multiple-family dwelling, or nonresidential building, including city drop-off center containers; and such action will be subject to the penalties established by the city and identified in Section 8.25.250 below.
(Ord. O-94-48 § 1 (part), 1994)
(Ord. O-94-48 § 1 (part), 1994)
(Ord. O-94-48 § 1 (part), 1994)
(Ord. O-94-48 § 1 (part), 1994)
No person may dispose of in a solid waste disposal facility or burn in a solid waste treatment facility any of the materials specified in Sections 8.25.100(F) through (O) which have been separated for recycling, except waste tires may be burned with energy recovery in a solid waste treatment facility. Violations of this provision are subject to the penalties specified in Section 8.25.250.
(Ord. O-94-48 § 1 (part), 1994)
"Hazardous substances", including as examples, acids, blasting materials, ammunition, paints, lacquers and varnishes, combustible alloys or chemicals and/or radioactive materials; shall not be included with collection of refuse and/or recyclables. Such unacceptable wastes should be managed in the following manner.
(Ord. O-94-48 § 1 (part), 1994)
(Ord. O-94-48 § 1 (part), 1994; Ord. O-02-1 § 1 (part), 2002; Ord. O-10-02, § X, 3-2-2010)
(Ord. O-07-24 § 13, 2007)
It is unlawful for any person, firm, or corporation, or for any officer, member, agent, servant, or employee of any firm or corporation to place, throw, or leave any slops, dirty water, or other liquid of offensive smell, or otherwise nauseous or unwholesome, or any dead carcass, carrion, meat, fish, entrails, manure, or other nauseous or unwholesome matter or substance, or any rubbish, ashes, paper, dirt, stones, bricks, manure, tin cans, boxes, barrels, or other substances whatsoever or to place any circulars, handbills, cards, posters, dodgers, or other printed or advertising matter, or to drain or pour, or to permit to drain or flow, oil, kerosene, benzene, or other similar oil or oily substance or liquid, in or upon any sidewalk, street, alley, or other public place, park or ground, or river or waterway within the City of Wauwatosa.
(Ord. O-09-05, 4-21-2009)
Editor's note(s)—Ord. No. O-09-05, adopted Apr. 21, 2009, deleted the former § 8.28.010, and enacted a new § 8.28.010 as set out herein. The former § 8.28.010 pertained to similar subject matter and derived from prior code § 5.11(1).
It is unlawful to deliver any advertising matter, handbills, newspapers, or similar material to any premises where the owner or occupant has informed the distributor or person making the deliveries that he or she does not desire to receive such materials.
(Ord. O-01-11 § 1, 2001)
Trash receptacles shall be of adequate size to handle the imposed loads. Pickups shall be frequent enough to prevent the overloading of receptacles. Receptacles shall have covers and the covers shall be kept closed except when the receptacles are having trash placed in them or are being emptied. Receptacles shall be cleaned frequently enough so as to prevent an odor nuisance. The area around the receptacle shall be kept free of debris.
(Ord. O-97-42 § 3, 1997)
It is unlawful for any person, firm or corporation to deposit, throw or scatter, or to suffer, permit or to allow the accumulation of straw, sticks, stones, grass, wood, leaves, paper or paper boxes, bags, cartons or containers, iron, tin, tin cans, wire, nails, bottles or glass of any kind or any other rubbish, or any waste material in, upon or along any street, sidewalk, alley or other public place, park or ground, or upon any private property within the city of Wauwatosa. Such litter shall be deposited in public or private receptacles.
(Prior code § 5.115(1))
An exception to the depositing of refuse or other materials contained in Sections 8.28.010 and 8.28.050 shall be the depositing of refuse or other materials in the public works yard as provided for by permit issued by the department of public works. Such depositing of refuse or other materials shall be limited to residents of the city of Wauwatosa or other specifically authorized persons or agencies and shall be limited to the designated location(s) specified in such permit. Any person, firm or corporation violating this section shall be subject to a forfeiture of not less than fifty dollars.
(Ord. O-85-75 § 1, 1985)
Section 8.28.050 is not intended to prohibit the depositing of yard refuse such as tree branches, shrub clippings, grass trimmings, and other similar yard refuse in the parkway area along the curb in front of private property, provided that such yard refuse shall be properly placed in receptacles or tied in accordance with the rules of the city of Wauwatosa yard refuse collection department, nor is Section 8.28.050 intended to prohibit the depositing of leaves along the curb for pick-up by the city of Wauwatosa.
(Prior code § 5.115(2))
Editor's note(s)—Ord. No. O-09-05, Apr. 21, 2009, deleted § 8.28.080, which pertained to throwing rubbish in Menomonee River unlawful and derived from prior code § 5.08(1).
No establishment serving food or drinks to the public may provide any customer with a single-use, plastic straw, where "single-use" means a product that is designed and intended to be used only once and is generally recognized by the public as an item that is to be discarded after one use.
Section 8.30.010 shall not prohibit:
(Ord. O-96-8 § 1 (part), 1996)
(Ord. O-96-8 § 1 (part), 1996)
The department may approve a modification of a rule for a facility if the department is provided with satisfactory proof that the grant of a variance will not jeopardize the public's health, safety or welfare.
(Ord. O-96-8 § 1 (part), 1996)
(Ord. O-96-8 § 1 (part), 1996)
(Ord. O-09-05, 4-21-2009)
Editor's note(s)—Ord. No. O-09-05, adopted Apr. 21, 2009, deleted the former § 8.32.050, and enacted a new § 8.32.050 as set out herein. The former § 8.32.050 pertained to similar subject matter and derived from Ord. No. O-96-8, § 1 (part), 1996.
(Ord. O-96-8 § 1 (part), 1996)
(Ord. O-96-8 § 1 (part), 1996)
Storage and Handling.
(Ord. O-96-8 § 1 (part), 1996)
(Ord. O-96-8 § 1 (part), 1996)
(Ord. O-96-8 § 1 (part), 1996)
(Ord. O-96-8 § 1 (part), 1996)
(Ord. O-96-8 § 1 (part), 1996)
(Ord. O-96-8 § 1 (part), 1996)
(Ord. O-96-8 § 1 (part), 1996)
(Ord. O-96-8 § 1 (part), 1996)
Any person, firm, or corporation violating any provision of this chapter shall be subject to the general penalty provisions of this code. A citation may be issued pursuant to Sections 1.24.010 of this code and Wisconsin Statute Chapter 800.
(Ord. O-96-8 § 1 (part), 1996)
Every owner, agent or manager of any building whatsoever who leases, rents or lets such building as living quarters, on terms either expressed or implied to furnish heat to the tenants or occupants thereof, shall and is directed to maintain a minimum temperature of seventy degrees Fahrenheit at all times.
(Prior code § 5.17 (1); § l (part) of Ord. dated April 18, 1972)
Every owner, agent or manager of any building whatsoever who leases, rents or lets such building as a business establishment where one or more persons are employed, on terms either expressed or implied to furnish heat to the tenants thereof, shall and is hereby directed to maintain a minimum temperature of sixty-eight degrees Fahrenheit during the usual working hours on work days.
(Prior code § 5.17(2); § l (part) of Ord. dated April 18, 1972)
Every owner, agent or manager of any building whatsoever who leases, rents or lets such building for retail store purposes, on terms either expressed or implied to furnish heat to the tenants or occupants thereof, shall and is hereby directed to maintain a minimum temperature of sixty-five degrees Fahrenheit during usual business hours.
(Prior code § 5.17(3); § 1 (part) of Ord. dated April 18, 1972)
The above provisions of this chapter shall not apply to buildings or portions thereof used and occupied for trades, businesses or occupations where high or low temperatures are essential.
(Prior code § 5.17(4); § l (part) of Ord. dated April 18, 1972)
For purposes of this chapter, wherever a building is heated by means of a furnace, boiler or apparatus under the control of the owner, agent, manager or lessor of such building, in the absence of a contract or agreement to the contrary, the lessor, owner, agent or manager shall be deemed to have contracted, undertaken or bound himself or herself to furnish heat in accordance with the provisions of this chapter.
(Prior code § 5.17(5); § 1 (part) of Ord. dated April 18, 1972)
Heating systems complying with the requirements of this chapter shall be provided, maintained and operated for all occupied areas within the scope of this chapter.
(Prior code § 5.17(6); § 1 (part) of Ord. dated April 18, 1972)
A "parking lot" is defined as a parcel of land used in connection with a commercial, mercantile or residential establishment and incidental to such establishment as an accessory use, for the purpose of providing parking space for automobiles.
(Prior code § 5.19(1))
Such parking lot shall be surfaced with proper materials so as not to create a nuisance. A "nuisance" is defined in this chapter as the spreading and depositing of stones, rocks, loose materials or dust, upon public or adjacent properties, from the parking lot, or disturbing noises resulting from materials used for surfacing of the parking lot, or lighting of the parking lot which shall be so bright or glaring as to disturb the comfort, quiet or repose of persons in the vicinity, each and all of which is detrimental to the public health, safety, and welfare.
(Prior code § 5.19(2))
No person, firm or corporation owning, controlling or managing any parking lot in connection with any commercial, mercantile or residential establishment within the city of Wauwatosa shall maintain or cause to be maintained thereon a nuisance as defined in Section 8.44.020.
(Prior code § 5.19(3))
In the event that a nuisance is maintained or caused to be maintained on any parking lot as provided in the hereinabove provisions the city engineer shall give a thirty-day written notice to such person, firm, or corporation owning, controlling or managing any such parking lot, to abate the nuisance.
(Prior code § 5.19(4))
Any person, firm or corporation using or developing any lot or parcel of land for the storage, placement, display or parking of motor vehicles, other vehicles, and/or trailers, including the providing of access to the lot or parcel of land, excepting single family residential use, shall be subject to and shall comply with the provisions of Sections 8.44.070 to 8.44.170 and all ordinances of the city of Wauwatosa and with all rules, regulations and directives of the board of public works.
(Prior code § 5.22(1) (part); § l (part) of Ord. dated November 3, 1970; Ord. O-74-49 § 1, 1974)
Any such lot or parcel of land shall be paved with plant mix, asphaltic concrete or Portland cement concrete of sufficient strength to support the normal loads placed thereon.
(Prior code § 5.22(1) (a); § l (part) of Ord. dated November 3, 1970)
No motor vehicle, other vehicle or trailer shall be parked, placed, stored or in any manner displayed within two feet of any front, side or rear lot line of any lot or parcel of land, except when such lot or parcel of land adjoins premises zoned and used for residential purposes, and the primary structure on such adjoining premises is located less than eight feet from the common lot line, then all motor vehicles, other vehicles or trailers shall be stored, parked, placed or displayed such distance from such residential lot line as shall together with the shortest distance from such lot line to such structure equal ten feet.
(Prior code § 5.22(l)(b); § l (part) of Ord. dated November 3, l970)
Entrances and exits to and from such lot or parcel of land shall not exceed thirty feet in width at the curb opening, shall not be placed except in conjunction with curb openings; shall be separated by at least twenty feet; and shall be at least ten feet from the lot line to which they are parallel if such lot line abuts upon a street.
(Prior code § 5.22(1) (c); § l (part) of Ord. dated November 3, 1970)
Bumper or curb stops or other approved devices shall be installed on such lot or parcel of land except at entrances and exits to and from such premises and arranged so no part of any parked motor vehicle, other vehicle or trailer shall extend nearer to the lot line than the distance set forth in Section 8.44.080.
(Prior code § 5.22(1) (d); § l (part) of Ord. dated November 3, 1970)
If a city storm sewer is reasonably available, drainage from such lot or parcel of land shall be conveyed to such sewer in a lateral of proper size. If a storm sewer is not reasonably available, positive drainage shall be provided for on such lot or parcel of land so as to contain surface waters within such lot or parcel of land and discharge the same to a public drainage course, but, in no event, over adjoining lands.
(Prior code § 5.22(1)(e); § 1 (part) of Ord. dated November 3, 1970)
Parking stalls of not less than eight feet seven inches in width measured at right angles shall be provided for the parking of motor vehicles. When stall identification is required by the board of public works they shall be by the painting of at least two inch wide stripes of traffic paint.
(Prior code § 5.22(1) (f); § l (part) of Ord. dated November 3, 1970; Ord. O-74-117 § 1, 1974)
Walls, fencing, and/or other means to protect the public and the property adjacent to the parking lot shall be provided where deemed necessary by the board of public works.
(Prior code § 5.22 (1) (g); § l (part) of Ord. dated November 3, 1970)
The costs of moving public improvements interfering with driveways, all construction and remodeling of curbs, driveways, adjacent portions of public streets and sidewalks, etc., are the sole responsibility of the applicant.
(Prior code § 5.22 (1) (h); § 1 (part) of Ord. dated November 3, 1970)
The board of public works is authorized and empowered to issue additional rules, regulations and directives as it may deem necessary for the public interest. In the event any of the requirements herein contained may cause undue or unnecessary hardship upon any person, firm or corporation, application may be made to the board of public works for a variance setting forth the nature of the same and reasons therefor, and such may be granted by the board upon notice of such application to the alderperson of the district.
(Prior code § 5.22(2); § l (part) of Ord. dated November 3, 1970)
In the event of noncompliance with the provisions of Sections 8.44.060 to 8.44.150, the city engineer shall give a thirty-day written notice to such person, firm or corporation developing, owning, controlling or managing any such parking lot, ordering compliance, and failure to comply with such order within such thirty-day period constitutes a violation of this section and Sections 8.44.060 to 8.44.150.
(Prior code § 5.22(3); § 1 (part) of Ord. dated November 3, 1970)
(Ord. O-79-120 § 1, 1979)
It is unlawful for any person, firm or corporation to illuminate any public or private playground or park within the city of Wauwatosa which shall be so bright or glaring as to disturb the comfort or repose of persons in the vicinity.
(Prior code § 5.21(1))
Plans and specifications for lighting facilities at any public or private playground or park within the city of Wauwatosa shall be subject to the specific approval of the common council.
(Prior code § 5.21(2))
Editor's note(s)—Ord. No. O-09-05, Apr. 21, 2009, deleted § 8.52.010, which pertained to abatement and derived from prior code § 5.03(1).
(Ord. O-09-05, 4-21-2009)
Editor's note(s)—Ord. No. O-09-05, adopted Apr. 21, 2009, deleted the former § 8.56.010, and enacted a new § 8.56.010 as set out herein. The former § 8.56.010 pertained to similar subject matter and derived from prior code § 5.14(1).
Whenever accumulation of rubbish, boxes, lumber, scrap metal, car bodies, or any other materials provide rat harborage the person, firm, or corporation owning or in control of such materials shall cause the materials to be removed or the materials shall be stored so as to eliminate the rat harborage. Lumber boxes and similar materials shall be neatly piled. These piles shall be raised at least one foot above the ground. When the owner of the materials cannot be found, after reasonable search, the owner or manager of the premises on which the materials are stored shall be responsible for disposal, or proper piling, of the materials.
(Prior code § 5.14(2))
No person, firm, or corporation shall place, or allow to accumulate, any materials that may serve as a food for rats in a site accessible to rats. Any waste material that may serve as food for rats shall be stored in rat-proof containers. Feed for birds shall be placed on raised platforms or such feed shall be placed where it is not accessible to rats.
(Prior code 5.14(3))
Whenever rat holes, burrows, or other evidences of rat infestation are found on any premises or in any building within the city, it shall be the duty of the owner or manager of such property to exterminate the rats or to cause the rats to be exterminated. Within ten days after extermination, the owner, manager, or tenant shall cause all of the rat holes or burrows in the ground to be filled with earth, ashes or other suitable material.
(Prior code § 5.14(4))
(Ord. O-09-05, 4-21-2009)
Editor's note(s)—Ord. No. O-09-05, adopted Apr. 21, 2009, deleted the former § 8.56.050, and enacted a new § 8.56.050 as set out herein. The former § 8.56.050 pertained to similar subject matter and derived from prior code § 5.14(5).
It shall be the duty of the health officer or the health inspector under his or her direction, to investigate all reported rat harborages and also in his or her regular food inspection calls to inspect the premises for potential rat harborages and feeding places.
(Ord. O-09-05, 4-21-2009)
Editor's note(s)—Ord. No. O-09-05, adopted Apr. 21, 2009, deleted the former § 8.56.060, and enacted a new § 8.56.060 as set out herein. The former § 8.56.060 pertained to similar subject matter and derived from prior code § 5.14(6).
All premises shall be kept free from insect, rodent and other pest infestation. Whenever insect, rodents, or other pests are found they shall be promptly exterminated or removed by an approved process that will not be injurious to human health. After extermination or removal, proper precautions shall be taken to prevent reinfestation.
Delete reference to insect to comport with Wisconsin Statutes § 94.701(3) which provides that a political subdivision may not prohibit the use of or otherwise regulate pesticides.
(Ord. O-09-05, 4-21-2009)
Editor's note(s)—Ord. No. O-09-05, adopted Apr. 21, 2009, deleted the former § 8.56.070, and enacted a new § 8.56.070 as set out herein. The former § 8.56.070 pertained to similar subject matter and derived from Ord. No. O-97-42, § 4, 1997.
No receptacle used or designed to be used as a container for a food product, drug, or medicinal preparation, shall be so used in the course of selling, offering for sale, or giving away the contents thereof, except by the owner of such receptacle in the conduct of his business, and no receptacle designed to be used as a container for a food product, drug, or medicinal preparation, shall be used or filled by any person, firm or corporation if the name, label, trademark, or device of any person, firm, or corporation, other than that of the user thereof, appears thereon, and no such receptacle or container shall be refilled until thoroughly sterilized and cleansed.
(Prior code § 5.13(1))
No person, firm, or corporation, excepting the owner, shall sell or offer for sale any vial, can, bottle, jar, or receptacle of any kind, which has been once filled and used for medicinal purposes or as a container for a food product and which has blown or stamped therein or thereon, the name of the manufacturer first using the same, provided, however, that the taking or accepting of a deposit as security for the return of any such vial, bottle, jar, or other receptacle, shall not be deemed a sale of the same.
(Prior code § 5.13(2))
(Ord. O-95-31 § 1 (part), 1995)
No person shall operate a roominghouse without first obtaining a license therefor as herein provided. To protect public health and safety, the city will issue or renew no more than one roominghouse license during any one calendar year.
(Ord. O-95-31 § 1 (part), 1995; Ord. O-95-51 § 1, 1995)
Application for a rooming house license shall be made to the health department in writing and shall include the full name or names of the person, firm or corporation making application, business address of business to be licensed, location of the business to be licensed and, if a corporation, the full names and addresses of its officers and manager or managers.
(Ord. O-95-31 § 1 (part), 1995; Ord. O-14-16, § III, 6-3-2014)
The annual fee for such license shall be at the rate as shown in the fee schedule.
(Ord. O-95-31 § 1 (part), 1995)
The license shall be issued by the health department upon payment of the fee as set forth in the consolidated fee schedule and after an inspection by the city health officer or his or her designee has revealed that the rooming house is in full compliance with this chapter and state regulations. The rooming house license shall be issued annually and shall expire on June 30th of each year. Licenses may be renewed July 1 of each year by the health department upon written application and payment of the fee.
(Ord. O-95-31 § 1 (part), 1995; Ord. O-14-16, § III, 6-3-2014)
Any license shall be and remain conspicuously posted in the office or public hallway of the roominghouse licensed.
(Ord. O-95-31 § 1 (part), 1995)
The number of persons that may be accommodated in the roominghouse shall not be more than one person for every four hundred cubic feet of air space for sleeping purposes, this being declared to be a minimum for public health and safety.
(Ord. O-95-31 § 1 (part), 1995)
Any license granted hereunder may be revoked by the health officer for failure to comply with the provisions hereof. No such license shall be transferable, and every person shall notify the health officer in writing within twenty-four hours after having relinquished proprietorship, or having sold, transferred or given away or otherwise disposed of his interest in or control of any roominghouse and shall file with the city clerk in writing the name and address of the person to whom it has been sold, transferred, or given away or otherwise disposed of such interest or control in any such roominghouse. No person shall conduct any roominghouse the license wherefore shall have been issued in the name of any other person.
(Ord. O-95-31 § 1 (part), 1995)
The proprietor of every roominghouse shall report within twenty-four hours to the health officer any person suffering or suspected of suffering from a communicable disease.
(Ord. O-95-31 § 1 (part), 1995)
Each sleeping room in any roominghouse shall have at least four hundred cubic feet of air space for each person sleeping therein. Each such room shall be adequately ventilated, having window space opening on street, court or yard equal to one tenth of the floor area of such room. Each such room shall be kept free of filth and vermin. The bedding therein shall be kept clean and sanitary. The walls, floors and ceilings of each such room in any roominghouse, and the hallways, stairways and toilet rooms or other parts thereof shall be cleaned and properly repaired, painted and fumigated under the supervision of the health officer as frequently as may be required.
(Ord. O-95-31 § 1 (part), 1995)
In every roominghouse there shall be at least one toilet room for every eight persons. All such toilet rooms shall be equipped with running water and shall be entirely shut off from sleeping rooms by a partition extending from floor to ceiling. Each such toilet room shall have a proper ventilation and outside air shall have a window at least three feet square opening upon a street, yard, court or vent shaft. There shall be provided an adequate number of wash basins and baths as determined by the health officer, and the same shall be equipped with hot and cold running water.
(Ord. O-95-31 § 1 (part), 1995)
A licensee shall be responsible for the observance of all the provisions of this chapter, for the rules and regulations passed pursuant thereto, and for any unclean or unsanitary conditions in his roominghouse. The owner or agent shall be responsible for the proper cleanliness and sanitary conditions of the premises upon which any roominghouse is located and for the exterior condition of any roominghouse.
(Ord. O-95-31 § 1 (part), 1995)
The health officer is authorized to require or make such reasonable rules and regulations as will insure the proper cleanliness and sanitation of all roominghouses and the proper provision for water, towels, bathing facilities, cuspidors, beds, bedding, mattresses and other furniture, and things for the preservation of health and to prevent spread of communicable disease. Such rules and regulations shall be approved by a majority of the common council and shall have the force of ordinances as by statute provided, the penalty for the violation of such rules and regulations being that fixed for the violation of this chapter.
(Ord. O-95-31 § 1 (part), 1995)
The smoking of tobacco products and other substances indoors and in vehicles causes recognized adverse health effects on not only the individuals smoking but also on others. Smoking indoors adversely affects among other things, health, safety, comfort, employee production and building maintenance expenses.
While difficult to quantify exactly, smoking indoors drives up publicly funded expenses in terms of increased health insurance premiums, increased sick leave use, increased building maintenance and decreased employee productivity. In addition, there is a public interest of taxpayers to an investment in its employees by paying their health insurance, and a need to maintain employee health to keep city costs from rising.
Having considered the problems caused by smoking indoors and believing it to be in the best interest of Wauwatosa and its citizens, the common council recommends adoption of the Clean Indoor Air Ordinance set forth herein.
(Ord. O-00-12 § 1 (part), 2000)
Reports from the Surgeon General, the Environmental Protection Agency and others show that smoking contributes to health problems of city employees and members of the public exposed to indoor smoke, both directly through deliberate use of smoking materials and indirectly, to nonsmokers, through involuntary inhalation of smoke in the air. This ordinance is enacted to protect the health and comfort of the public through the regulation of smoking, according to the authority granted this city by Section 101.123(2)(c), Stats.
(Ord. O-00-12 § 1 (part), 2000)
"Smoking" as the term is used in this chapter means a lighted cigar, cigarette, pipe or any other lighted smoking item or equipment.
(Ord. O-00-12 § 1 (part), 2000)
No person may smoke indoors at any time in any city-owned building or in any city-owned or leased vehicle.
(Ord. O-00-12 § 1 (part), 2000)
Any person found guilty of violating this ordinance or any part of this ordinance, shall be subject to a forfeiture of not more than twenty-five dollars, together with the costs of prosecution.
(Ord. O-00-12 § 1 (part), 2000)
The chief building inspector shall cause to be posted at the entryway of all city buildings, signs notifying the public of the fact that the building is a smoke-free building. Absence of such signs, however, shall not be a defense to the violation of this ordinance.
(Ord. O-00-12 § 1 (part), 2000)
All Wauwatosa law enforcement officials are hereby authorized in the name of the city of Wauwatosa to issue citations for prosecution for violations occurring under this chapter as well as the chief building inspector.
Prosecutions under this chapter shall be made by the issuance of citations and the procedure to be followed shall be governed by those Wisconsin Statutes Section 66.0113 which are pertinent and applicable to its prosecution of ordinances by citation.
(Ord. O-00-12 § 1 (part), 2000; Ord. O-02-1 § 1 (part), 2002)
In addition to or in lieu of enforcement of this ordinance by forfeiture, violations of this section by city employees and officers may be punished by appropriate discipline as a violation of a reasonable work rule.
(Ord. O-00-12 § 1 (part), 2000)
No person, firm, or corporation shall hereafter plant or set out female Cottonwood trees (populus deltoides-female) or female Silver Leaf Poplar trees (populus alba) within the city of Wauwatosa, and the planting or setting out of the same is a menace to public health, safety, and welfare and a public nuisance.
(Prior code § 10.09(1))
The City Forester, pursuant to Wisconsin Statutes Section 27.09, shall have the right to inspect trees, vines, hedges, plants, logs, and branches within the city of Wauwatosa to determine whether the same be healthy or diseased. The forester shall have the right to enter upon any private property to make such examination. Such examinations shall include the right to take samples from such trees, etc. for laboratory testing purposes. If any tree, vine, hedge, plant, log or branch is found dead, diseased, infected or infested, and in the opinion of the city forester is liable to spread any disease or is found to harbor destructive insects, or if any tree, vine, hedge, plant, log or branch is dangerous to the public, the city forester shall give three weeks written notice to the owner, agent or occupant of such property of such condition and direct that such owner, agent or occupant remove and destroy such tree, vine, hedge, plant, log or branch. The city forester is empowered and authorized, after the three week notice has passed and there is noncompliance with said notice, to cause such trees, etc. to be removed, pruned or treated at the expense of the owner of the land whereon the same stand.
(Prior code § 10.111(1) (part); Ord. O-97-20 § 2, 1997)
In the event that such owner, agent or occupant shall fail to remove any Elm trees, logs or branches infected with the Dutch Elm disease, within the time required by the city forester, the city forester is empowered to enter upon any property for the purpose of removing such trees, logs or branches, and the cost of such removal shall be charged against the property.
(Prior code § 10.111(1) (part))
(Prior code § 10.111(1) (part); § 1 of Ord. dated December 7, 1971; Ord. O-80-1 § 1, 1980)
Editor's note(s)—Ord. No. O-15-23, pt. X, adopted Oct. 20, 2015, repealed § 8.76.080 which pertained to transportation of dead or diseased trees or vegetation through the city and derived from § 10.111(2) of the prior code.
No person, firm or corporation owning, occupying or controlling land shall permit the existence of noxious weeds, as defined in Section 8.78.020, upon such land.
(Ord. O-76-21 § l (part), 1976)
"Noxious weeds," as used in this chapter, includes the following: Canada thistle, leafy spurge, field bindweed (creeping Jenny), poison ivy, ragweed, perennial sow thistle, and burdock.
(Ord. O-76-21 § 1 (part), 1976)
The weed commissioner shall be appointed by the mayor as provided for by state statute, and the duties and powers of the weed commissioner shall be those enumerated in Section 66.0517(3)(a) of the Wisconsin Statutes.
(Ord. O-76-21 § 1 (part), 1976; Ord. O-81-45 § 1, 1981; Ord. O-02-1 § 1 (part), 2002)
The weed commissioner is authorized to assess the property owner for the destruction of weeds as a tax on the lands upon which such weeds were destroyed in accordance with the requirements of Section 66.0517(3)(b) of the Wisconsin Statutes.
(Ord. O-76-6 § 1, 1976; Ord. O-81-45 § 2, 1981; Ord. O-02-1 § 1 (part), 2002)
"Fumigant," as used in this chapter, is defined broadly to include any form of toxic gas, fumes, mist, smoke, dust, or any other chemical or chemicals used in pest control, which may be harmful to humans, but including contact sprays and other surface treatments.
(Ord. O-76-33 § l (part), 1976)
No person, firm or corporation shall use any fumigant if such fumigation is to be carried on within five hundred feet of an inhabited structure without first having obtained, from the health department, a fumigation permit.
(Ord. O-76-33 § l (part), 1976)
(Ord. O-76-33 § l (part), 1976)
(Ord. O-76-33 § l (part), 1976)
The permittee shall post all doors or entrances to the premises indicating that the premises are being fumigated or otherwise chemically treated with potentially dangerous substances. The permittee shall notify the fire department and police department at least two hours prior to the administration of the chemical substance of the intent to proceed with the fumigation. The permittee shall notify all other persons as requested by the health commissioner. The health commissioner may impose any conditions and terms that are reasonable to safeguard the health, safety, and welfare of the public in regard to the administration of any of these chemical substances to be used for pest or vermin control.
(Ord. O-76-33 § l (part), 1976)
Any person, firm or corporation violating the terms and conditions of the permit issued pursuant to this chapter shall have such permit subject to immediate suspension and may be prosecuted for such violation. A hearing on any suspension shall be held within thirty days before the government affairs committee of the city of Wauwatosa to determine whether to reinstate or revoke the permit.
(Ord. O-76-33 § 1 (part), 1976)
No person, firm or corporation shall operate a swimming pool open for public use as defined in the Wisconsin Administrative Code without first having obtained a license for such pool.
(Ord. O-85-35 § 1 (part), 1985)
Written application to operate or to allow the public to use a public swimming pool shall be filed with the health department. The health department may authorize or deny the license after an inspection by the city health officer has revealed that the public swimming pool is in full compliance with this chapter and state regulations. The annual fee for such license shall be set forth in the consolidated fee schedule based on state statute. The public swimming pool license shall be issued annually and shall expire on June 30th of each year.
(Ord. O-85-35 § 1 (part), 1985; Ord. O-14-16, § IV, 6-3-2014)
Chapter HSS 171 of the Wisconsin Administrative Code is adopted by reference as though fully set forth herein.
(Ord. O-85-35 § l (part), 1985)
Chapter HFS 172 of the Wisconsin Administrative Code is adopted by reference as though fully set forth herein.
(Ord. O-09-05, 4-21-2009)
Editor's note(s)—Ord. No. O-09-05, adopted Apr. 21, 2009, deleted the former § 8.90.040, and enacted a new § 8.90.040 as set out herein. The former § 8.90.040 pertained to similar subject matter and derived from Ord. No. O-85-35, § 1 (part), 1985.
(Ord. O-85-35 § l (part), 1985; Ord. O-09-05, 4-21-2009)
Any person having a substantial interest which is adversely affected by an administrative determination under this chapter shall have a right of review or appeal as provided in Chapter 68, Wisconsin Statutes.
(Ord. O-85-35 § l (part), 1985)
The following enumerated sections of the Wisconsin Statutes in connection with the herein-described misdemeanor offenses are hereby and by reference made a part of this code as if fully set forth herein:
(Ord. O-91-9 § 1, 1991)
The common council of the city of Wauwatosa finds that it is necessary to adapt this chapter to promote the public health, safety and general welfare of the citizens of the city of Wauwatosa and to ensure the humane treatment of animals by regulating the care and control of animals within the city.
(Ord. O-02-34 § 1 (part), 2002)
(Ord. O-02-34 § 1 (part), 2002)
(Ord. O-02-34 § 1 (part), 2002; Ord. O-14-18, § I, 7-1-14)
(Ord. O-02-34 § 1 (part), 2002)
(Ord. O-02-34 § 1 (part), 2002; Ord. O-09-06, 4-21-2009)
Findings. The common council of the City of Wauwatosa desires to provide for the health, safety, and well being of its residents, to ensure and maintain property conditions and values, and to provide a domestic and sustainable source of nourishing food through limited chicken egg production in a residential environment respecting its urban surroundings and rural origins.
(Ord. O-13-01, § I, 2-5-2012; Ord. O-13-18, § I, 10-15-2013)
(Ord. O-13-01, § I, 2-5-2012; Ord. O-13-18, § I, 10-15-2013)
The following definitions will be used in the interpretation and application of this section.
"Apiary." Colonies, hives, and other equipment associated with honey bees assembled in one location for beekeeping operations; also known as a bee yard.
"Beekeeper." A person who owns or has responsibility for one or more colonies of honey bees and has demonstrated to the development director or his or her designee that he or she has obtained formal education or training or sufficient practical experience to act as a beekeeper.
"Beekeeping equipment." Anything used in the operation of a honey bee apiary, such as hive bodies, honey supers, frames, top covers, and/or bottom boards.
"Colony." An aggregate of honey bees in a hive consisting of workers, but having one queen and potentially many drones, including brood, combs, honey and the receptacle inhabited by the bees.
"Flyway barrier." A natural or manmade obstacle designed to cause bees to fly upward after exiting the hive and directing them away from neighboring and adjoining areas inhabited by humans. Barriers may be fences, or evergreen shrubs and are six feet in height.
"Hive." The structure containing a colony of honey bees.
"Honey bee." All stages of the common domestic honey bee, Apis mellifera species. Keeping of Apis mellifera scutellata is not permitted under any conditions.
"Swarm." For purposes of this chapter, a swarm is a propagation or colony of honey bees outside of its hive.
The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in this paragraph:
"Animal care facility" means an animal control facility or animal shelter, maintained by or under contract with any state, county, or municipality, whose mission and practice is, in whole, or significant part, the rescue and placement of animals in permanent homes or rescue organizations.
"Animal rescue organization" means any not-for-profit organization that has tax-exempt status under Section 501(c)(3) of the United States Internal Revenue Code, whose mission and practice is, in whole or in significant part, the rescue and placement of animals in permanent homes. This term does not include an entity that is a breeder or broker or one that obtains animals from a breeder or broker for profit or compensation.
"Breeder" means a person that maintains a dog or cat for the purpose of breeding and selling their offspring.
"Broker" means a person that transfers a dog or cat from a breeder for resale by another person.
"Cat" means a member of the species of domestic cat, felis catus.
"Dog" means a member of the species of domestic dog, canis familiaris.
"Pet store" means a retail establishment where companion animals are sold, exchanged, bartered, or offered for sale to the general public. Such definition shall not include an animal care facility or animal rescue organization.
A violation of this section shall be subject to the general penalty provisions of Section 1.12.010 of this code, and each dog or cat sold or held for sale in violation of this section shall constitute a separate violation.
It is unlawful for any person to keep swine, horses, ponies and other nonhousehold pets in the city of Wauwatosa, within one hundred feet of any public street, alley or highway of the city, or upon any lot or parcel of land in the city within one hundred feet of the lot line or boundary line of an adjoining owner.
(Ord. O-80-104 § 10 (part), 1980; Ord. O-85-67 § 1, 1985)
(Ord. O-80-104 § 10 (part), 1980; Ord. O-08-11 § 1, 2008; Ord. O-09-06, 4-21-2009)
It is unlawful for any person, firm, or corporation to keep, harbor, or maintain live roosters, turkeys, geese, or ducks within the city of Wauwatosa, except as stated in Section 9.08.060.
(Ord. O-80-104 § 10 (part), 1980; Ord. O-13-01, § II, 2-5-2012)
No person shall suffer or permit any horses, mules, cattle, sheep, goats or swine of which he is the owner, caretaker or custodian to run at large, either with or without a keeper, upon the streets, avenues, alleys or public grounds of the city of Wauwatosa.
(Ord. O-80-104 § 10 (part), 1980)
(Ord. O-80-104 § 10 (part), 1980)
It is unlawful for any person, firm, or corporation to sell or offer for sale, to barter, or to give away baby roosters or ducklings as pets or novelties. This section shall not be construed to prohibit the sale of live chicks or ducklings in proper brooder facilities by hatcheries or stores engaged in the business of selling them to be raised.
(Ord. O-80-104 § 10 (part), 1980; Ord. O-13-01, § III, 2-5-2012)
Any person, firm or corporation violating any of the provisions of this chapter shall be subject to the general penalty provisions of the Wauwatosa Code of Ordinances as set forth in Section 1.12.010.
(Ord. O-80-104 § 10 (part), 1980)
It is unlawful for any person, firm or corporation, other than a governmental employee acting in his official capacity, to set any trap of whatsoever kind upon any public land within the city of Wauwatosa for the purpose of trapping wild animals.
(Ord. O-80-104 § 11, 1980)
Except as otherwise specifically provided in this chapter, all provisions of Chapters 340 to 348 of the Wisconsin Statutes describing and defining regulations with respect to vehicles and traffic for which the penalty is a forfeiture only, including penalties to be imposed and procedure for prosecution, are adopted and by reference made a part of this chapter as if fully set forth herein. Any act required to be performed or prohibited by any statute incorporated herein by reference is required or prohibited by this chapter. Any future amendments, revisions or modifications of the statutes incorporated herein are intended to be made part of this chapter in order to secure uniform statewide regulation of traffic on the highways, streets and alleys of the state of Wisconsin.
(Ord. O-78-84 § 1, 1978; Ord. O-82-39 § 1, 1982)
All provisions of Chapter Trans 305, Wisconsin Administrative Code, are adopted by reference excepting the penalty provisions thereof. Any person violating the provisions of this section shall be subject to the general penalty provisions of this code.
There are also adopted by reference the following sections of the Wisconsin Statutes, but the prosecution of such offenses under this chapter shall be as provided in Chapters 340 to 348 of the Wisconsin Statutes and the penalty for violation thereof shall be limited to a forfeiture as provided in Section 1.12.010 of this code.
941.01(1) (Negligent operation of vehicle off highway)
947.045 (Drinking in motor vehicles on highway)
941.03 (Highway obstruction).
(Prior code § 11.01(1) (b); Ord. 72-15 § l (part), 1972; Ord. O-76-81 § 1, 1976)
This chapter shall be enforced in accordance with the provisions of Sections 345.20 to 345.53, Chapter 299 and Section 66.0114, of the Wisconsin Statutes.
(Prior code § 11.01(2) (part); Ord. 72-15 § l (part), 1972; Ord. O-02-1 § 1 (part), 2002)
Stipulations of guilt or no contest may be made by persons arrested for violations of this chapter in accordance with Section 66.0114(1)(b), Wisconsin Statutes, whenever the provisions of Section 345.27 are inapplicable to such violations. Stipulations shall conform to the form contained on the uniform traffic citation and complaint under Section 345.11, Wisconsin Statutes, and may be accepted within ten days of the date of the alleged violation. Stipulations may be accepted by the city police department.
(Prior code § 11.01(2) (a); Ord. 72-15 § l (part), 1972; Ord. O-75-154 § 1, 1975; Ord. O-02-1 § 1 (part), 2002)
Any person stipulating guilt or no contest under Section 11.04.040 must make the deposit required under Section 345.26, Wisconsin Statutes, or, if the deposit is not established under such statute, shall deposit a forfeited penalty as provided in the schedule established by the municipal judge and approved by the common council. Deposits may be brought or mailed to the office of the police department as directed by the arresting officer. Deposits for parking or nonmoving violations shall be mailed or brought to the city police department.
(Prior code § 11.01(2) (b); Ord. 72-15 § l (part), 1972)
Every officer accepting a forfeited penalty or money deposit under this chapter shall receipt therefor in triplicate as provided in Section 345.26(3) (b), Wisconsin Statutes. Every officer accepting a stipulation under the provisions of this chapter shall comply with the provisions of Sections 343.27, 343.28, 345.26(1) (a) and 345.27(2), Wisconsin Statutes, and shall require the alleged violator to sign a statement of notice in substantially the form contained on the uniform traffic citation and complaint promulgated under Section 345.11, Wisconsin Statutes.
(Prior code § 11.01(2) (c); Ord. 72-15 § l (part), 1972)
Any officer accepting deposits or forfeited penalties under this chapter shall deliver them to the city treasurer within twenty days after receipt. Any officer authorized to accept deposits under Section 345.26, Wisconsin Statutes, or this chapter shall qualify by taking the oath prescribed by Section 19.01, Wisconsin Statutes, and filing an official bond in the sum of ten thousand dollars as described by Section 19.01.
(Prior code § 11.01(2) (d); Ord. 72-15 § 1 (part), 1972; Ord. 72-39 § 1, 1972)
If the alleged violator of a "nonmoving traffic ordinance violation" (herein defined to mean parking violation) fails to pay the amount of forfeiture as provided on such citation or fails to appear in court within twenty-eight days after the issuance of the nonmoving traffic citation, the chief of police or his designee may take any or all of the actions authorized under Wisconsin Statutes 345.28 and 345.34 through 345.47 inclusive, which are hereby specifically adopted and shall be followed in actions to recover forfeitures for nonmoving traffic violations. The additional cost of using the registration program as established under Wisconsin Statutes 85.13 shall be assessed against and added to the amount of forfeiture to be paid by the alleged violator as authorized by Wisconsin Statutes 345.28.
(Ord. O-82-71 § 1, 1982; Ord. O-84-47 § 1, 1984)
As used in this chapter:
"Parking" means leaving the trailer on a city street, or public right-of-way for more than four hours.
"Trailer" means any wheeled, non-motorized vehicle or assembly; includes tractor trailers. Motor homes or trailers attached to motor vehicles are not trailers under this chapter.
(Ord. O-96-21 § 1 (part), 1996)
It is unlawful for any person, firm, or corporation owning, operating, or in possession of any trailer to park the same on any public street or right-of-way in the city of Wauwatosa without first having obtained a street occupancy permit as prescribed in Sections 12.04.020, 12.04.050, and 12.04.060 of the city code.
(Ord. O-96-21 § 1 (part), 1996)
Any person violating any of the provisions of this chapter shall be subject to the general penalty provisions of this code.
(Ord. O-96-21 § 1 (part), 1996)
It shall be the duty of the police department of this city to enforce the provisions of this title. Officers of the police department are authorized to direct all traffic either in person or by means of visible or audible signal in conformance with the provisions of this title, provided that in the event of a fire or other emergency or to expedite traffic or safeguard pedestrians, officers of the police or fire department may direct traffic, as conditions may require, notwithstanding the provisions of this title.
(Prior code § 11.02(1))
The chief of police, mayor, and the city administrator or any two of them if the third is not readily available, are empowered to make and enforce regulations necessary to make effective the provisions of this title and to make and enforce temporary regulations to cover emergencies or special conditions. If immediately available, the chairman of the transportation affairs committee will be conferred with regard to the implementation of such rules and regulations. Each alderperson shall be notified promptly of the establishment of such temporary rules and regulations. Following the implementation, such rules and regulations shall be reviewed at the next regular or special meeting of the transportation affairs committee. Any regulation affecting parking restrictions may be made for periods not to exceed thirty days.
(Ord. O-79-32 § 1, 1979)
It is unlawful for any person to refuse or fail to comply with any lawful order, signal, or direction of a traffic officer.
(Prior code § 11.02(3))
The provisions of this title shall apply to the operator of any vehicle owned by or used in the service of the United States Government, or of this state or any political subdivision thereof, and it is unlawful for any operator to violate any of the provisions of this title except as otherwise provided.
(Prior code § 11.02(4))
The provisions or this title regulating the movement, parking, and standing of vehicles shall not apply to authorized emergency vehicles while the operator of such vehicle is operating the same in an emergency in the necessary performance or public duties. This exemption shall not, however, protect the operator of any such vehicle from the consequence of a reckless disregard of the safety of others.
(Prior code § 11.02(5))
Every person propelling any such cart, bicycle, or riding a bicycle or animal or driving or leading any animal upon a roadway shall be subject to the provisions of this title applicable to the operator of any vehicle, except those provisions with reference to the equipment of vehicles and except those provisions which by their very nature would have no application.
(Prior code § 11.02(6))
It shall be the duty of the crossing guards appointed pursuant to Section 349.215 of the Wisconsin Statutes to protect persons who are crossing a street in the vicinity of a school.
(Ord. O-90-38 § 1 (part), 1990)
Every operator of a motor vehicle approaching a school crossing which is controlled by an adult crossing guard appointed under Section 349.215 of the Wisconsin Statutes shall follow the directions of the school crossing guard. If directed by the school crossing guard to stop, the operator shall stop the vehicle not less than ten feet nor more than thirty feet from the school crossing and shall remain stopped until the school crossing guard directs the operators to proceed.
(Ord. O-90-38 § 1 (part), 1990)
School crossing guards shall wear insignia or uniforms which designate them as school crossing guards and shall be equipped with signals and signs to direct traffic to stop at school crossings.
(Ord. O-90-38 § 1 (part), 1990)
Every place where traffic crossing or entering an artery for through traffic is required to stop under the provisions of this title shall be plainly marked with an official stop sign or traffic-control signal notifying traffic of such artery for through traffic and directing traffic to stop.
(Prior code § 11.03(1))
No provisions of this title for which signs are required shall be enforceable against an alleged violator if, at the time and place of the alleged violation, the sign herein required is not in proper position and sufficiently legible to be seen by an ordinarily observant person.
(Prior code § 11.03(2))
(Ord. O-89-10 § 1, 1989)
It is unlawful for the operator of any motor vehicle or for the operator of any streetcar to disobey the instructions of any official traffic sign or signal placed in accordance with the provisions of this title unless otherwise directed by a traffic officer.
(Prior code § 11.03(3))
It is unlawful for the operator of any motor vehicle to disobey the instructions of any official traffic sign or signal placed by legal authority of the municipality on any municipal property, including but not limited to the Memorial Civic Center parking lot and service drives, Hart Park parking lot or service drives, municipal parking lots, public school parking lots or service drives, public works parking lot or service drives, fire department and/or police department parking. lot or service drives.
(Ord. O-76-122 § 1, 1976)
Whenever traffic at an intersection is alternately directed to proceed and to stop by the use of signals exhibiting colored lights or by whistles, said lights and whistles shall signify as follows:
(Prior code § 11.03(4))
It is unlawful for any person or place or maintain or display upon or in view of any highway any sign, signal or device which purports to be or is an imitation of or resembles an official traffic sign or signal, or which attempts to direct the movement of traffic or which hides from view any official traffic sign or signal. Every such prohibited sign, signal, or device is a public nuisance, and any police or traffic officer is empowered to remove the same, or cause the same to be removed, without notice.
(Prior code § 11.03(5)(a))
It is unlawful for any person to wilfully deface, injure move, obstruct, or interfere with any official sign or signal.
(Prior code § 11.03(5)(b))
(Ord. O-77-73 § 1, 1977)
The operator of any vehicle shall yield the right-of-way to a pedestrian crossing the street within any marked or unmarked crosswalk at an intersection except at those intersections where the movement of traffic is being regulated by traffic officers or traffic control signals.
(Prior code § 11.04(1))
At intersections where traffic is controlled by traffic control signals or by traffic officers operators of vehicles shall yield the right-of-way to pedestrians crossing or those who have started to cross the street on a green or "GO" signal and in all other cases pedestrians shall yield the right-of-way to vehicles lawfully proceeding directly ahead on a green or "GO" signal.
(Prior code § 11.04(2))
Upon the intersections of divided streets, the pedestrian shall have right-of-way only on that portion of the street between the street limits and the center of the street.
(Prior code § 11.04(3))
Every pedestrian crossing street at any point other than a marked or unmarked crosswalk shall yield the right-of-way to vehicles upon the street.
(Prior code § 11.04(4))
Pedestrians upon any sidewalk shall have the right-of-way over all vehicles crossing such sidewalk.
(Prior code § 11.04(5))
Editor's note(s)—Ord. No. O-20-02, pt. XIV, adopted January 7, 2020, repealed § 11.20.060. Former § 11.20.060 pertained to walking on the left side of the street required and derived from Ord. O-01-20, § 1, adopted 2001.
It is unlawful for any person to be in the roadway for the purpose of soliciting a ride from the operator of any private vehicle.
(Prior code § 11.04(7))
Editor's note(s)—Ord. No. O-19-23, pt. XXIV, adopted September 3, 2019, repealed § 11.20.080. Former § 11.20.080 pertained to alighting from or boarding moving streetcars or vehicles prohibited and derived from § 11.04(8) of the prior code.
No person shall stand or loiter on any roadway other than in a safety zone if such act interferes with the lawful movement of traffic.
(Prior code § 11.04(9))
It is unlawful for any railroad company, conductor, engineer, brakeman or other person in charge thereof to block any railroad crossing and street intersection for a period of time longer than five minutes, except in cases of emergency or accident.
(Prior code § 11.05(6))
It is unlawful for any railroad company, conductor, engineer, brakeman or other person in charge thereof to permit or cause to permit any train, engine or car to remain standing for a period of time longer than two hours, within a distance of three hundred thirty feet from the center of any railroad crossing and street intersection, except in cases of emergency or accident, and except in cases where freight cars are in the process of being unloaded.
(Prior code § 11.05(7))
It is unlawful for any person, firm, or corporation, owning and/or operating any motor bus or vehicle used for the transportation of passengers, to permit or cause to permit any such motor bus or vehicle to park or stop anywhere on the streets of the city of Wauwatosa for the purpose of loading or unloading passengers, except at the curbs of streets designated as bus stops.
(Prior code § 11.05(8); Ord. O-83-13 § 1, 1983)
It is unlawful for any railroad company, conductor, engineer, brakeman or other person in charge thereof or responsible therefor to permit or cause to permit the switching of any railroad train, locomotive, car, or combination thereof, so as to block the intersection of the Milwaukee Road tracks and Harwood Avenue for a period of more than three minutes at any time between the hours of seven a.m. and nine a.m., or between the hours of four p.m. and six p.m., except in cases of accident.
The blocking of the hereinabove mentioned intersection for more than three minutes, as provided in this title, shall be prima facie evidence of a violation of this title.
(Prior code § 11.05(9); Ord. O-83-13 § 2, 1983)
"No turn on red" signs shall be installed at the following locations:
* Note: "When Pedestrians are Present" signs are added at these locations.
No person shall park, stop, or leave standing any vehicle, whether attended or unattended, upon any street unless parallel to the edge of the street, headed in the direction of traffic, on the right side of the street, and with the right wheels of the vehicle within twelve inches of the curb or edge of the street; except upon those streets which have been marked or signed for angle parking by official markers or signs, where vehicles shall be parked at the angle indicated by such markers or signs.
(Prior code § 11.06(1))
It is unlawful for the operator of a vehicle to stop, stand or park such vehicle in any of the following places, except when necessary to avoid conflict with other traffic or to comply with the directions of a traffic officer or traffic-control signs or signals:
(Prior code § 11.06(2); Ord. O-84-60 § 2, 1984; Ord. O-95-13 § 1, 1995)
It is unlawful for the operator of a vehicle to park such vehicle in any of the following places except to comply with the directions of a traffic officer or traffic-control signal or sign:
(Prior code § 11.06(3); § 1 of Ord. dated April 21, 1970; Ord. O-74-27 § 1, 1974; Ord. O-77-46 § 1, 1977; Ord. O-78-34 §§ l, 2, 1978; Ord. O-80-32 § 1, 1980; Ord. O-80-35 § 2, 1980; Ord. O-80-54 § 1, 1980; Ord. O-82-38 §§ 2, 3, 1982; Ord. O-84-60 § 1, 1984)
(Prior code § 11.06 (4); Ord. O-80-80 § 1, 1980; Ord. O-80-81 § 1, 1980)
Whenever any traffic officer finds a vehicle standing upon a street in violation of the provisions of this chapter, he is authorized to move such vehicle or to require the operator in charge thereof to move such vehicle to a position permitted under this chapter.
(Prior code § 11.06 (5))
(Ord. O-75-83 § 1, 1975)
The provisions of this chapter shall not apply to the operator of any vehicle which is disabled while on the street in such a manner or to such extent that it is impossible to avoid stopping or temporarily leaving such vehicle in such position.
(Prior code § 11.06(6))
No vehicle shall be parked or stopped on the left side of the street except upon one-way streets.
(Prior code § 11.06(7))
It is unlawful for any person, firm or corporation owning, driving, or in charge of any automobile, motor truck or other vehicle to stop the same on that portion of any street as designated in the following schedule:
(a) At any time.
(b) Between seven a.m. and nine a.m. and between two-thirty p.m. and four-thirty p.m.
(c) At any time except buses.
W. Center Street—south side
(a) From a point 20 feet west of to a point 20 feet east of the crosswalk at the main entrance to Whitman Jr. High School.
W. Center Street—north side
(a) From a point 20 feet west of to a point 20 feet east of the crosswalk at the main entrance to Whitman Jr. High School.
Glenview Avenue—west side
(b) From a point 442 feet north of Hill Street to a point 345 feet south of Blue Mound Road.
N. 67th Street—west side
(a) From a point 125 feet south of Garfield Avenue to a point 325 feet south thereof.
(c) From Garfield Avenue to a point 125 feet south of Garfield Avenue (the driveway to Washington Public School).
N. 112th Street—east side
(a) From Locust Street to a point 300 feet north of Locust.
(Ord. O-84-24 §§ 1, 2, 1984; Ord. O-84-90 § 1, 1984; Ord. O-88-63 § 1, 1988; Ord. O-90-11 § 1, 1990; Ord. O-90-12 § 1, 1990; Ord. O-90-13 § 1, 1990; Ord. O-90-25 § 1, 1990)
It is unlawful for any person, firm or corporation owning, driving, or in charge of any automobile, motor truck or other vehicle to park the same on that portion of any street as designated in the following schedule:
(a) At any time.
(b) For more than one hour between nine a.m. and seven p.m., except on Sundays and legal holidays. (c) For more than two hours between nine a.m. and six p.m., except on Sundays and legal holidays. (d) For more than one hour between nine a.m. and ten p.m., except on Sundays and legal holidays. (e) For more than two hours between nine a.m. and ten p.m., except on Sundays and legal holidays. (f) For more than one-half hour between nine a.m. and six p.m., except on Sundays and legal holidays. (g) For more than fifteen minutes between nine a.m. and ten p.m. (h) On schooldays, between seven-thirty a.m. and four-thirty p.m. (i) During the hours specified in the following schedule. (j) On Sundays. (k) Between three p.m. and six p.m., except on Saturdays, Sundays and legal holidays. (l) Between eight a.m. and six p.m., except on Saturdays, Sundays and legal holidays. (m) For more than three hours between nine a.m. and six p.m., except on Saturdays, Sundays and legal holidays. (n) Between six-thirty a.m. and nine a.m., except on Saturdays, Sundays and legal holidays. (o) Between seven a.m. and one p.m. on Sundays. (p) At any time, except on Sundays and legal holidays. (q) Between eight a.m. and six p.m., on Saturdays, Sundays and legal holidays. (r) For more than one-half hour between seven a.m. and eight p.m. on any election day, when temporary signs are posted, whether or not such restriction is designated in the following schedule. (s) Between five-thirty p.m. and nine p.m. (t) For more than two hours between nine a.m. and six p.m., except on Saturdays, Sundays and legal holidays. (u) For more than two hours between nine a.m. and three p.m., except on Saturdays, Sundays and legal holidays. (v) Between five p.m. and seven-thirty p.m. (w) Between nine p.m. and two a.m. (x) Between eight a.m. and three p.m., except on Saturdays, Sundays and legal holidays. (y) For more than ten minutes between the hours of seven a.m. and ten a.m. except on Saturdays, Sundays and legal holidays. (z) Except buses. (aa) No stopping, standing, parking, six a.m. through nine a.m., two-thirty p.m. through four-thirty p.m., school days. (bb) For more than one hour between nine a.m. and six p.m., except on Sundays and legal holidays. (cc) For more than ten minutes between three p.m. and six p.m., Monday through Friday. (dd) On Sundays from eight a.m. to one p.m. (ee) Between eight a.m. and six p.m. (ff) Between seven a.m. and one p.m. (gg) Between six a.m. and nine a.m. and between three p.m. and six p.m., except Saturdays, Sundays and holidays. (hh) For more than one hour from nine a.m. to three p.m., except Saturdays, Sundays and holidays. (ii) Between nine a.m. and three p.m. except Saturdays, Sundays and holidays. (jj) No stopping, standing or parking. (kk) No stopping, standing or parking on weekdays. (ll) No stopping, standing or parking six to nine a.m. and three to six p.m. on weekdays. (mm) No stopping, standing or parking, except trucks closing rear doors. (nn) Except Sundays between eight a.m. and twelve p.m. (oo) Except Saturdays, Sundays and legal holidays. (pp) No stopping, standing, parking, seven-thirty a.m. through four-thirty p.m., schooldays. (qq) Between eight a.m. and eight p.m. (rr) On schooldays, for more than fifteen minutes, between seven a.m. and four p.m. (ss) On schooldays between noon and four p.m. (tt) On schooldays, for more than fifteen minutes between seven-thirty a.m. and four-thirty p.m. (uu) Between eleven-thirty p.m. and two a.m. Friday and Saturday. (vv) For more than two hours on schooldays. (ww) Between six a.m. and nine a.m., except Saturdays, Sundays, and holidays. (xx) No standing, stopping or parking on school days from eight a.m. to nine a.m. and three p.m. to four p.m. (yy) For more than three hours between nine a.m. and three p.m. (zz) Between five-thirty p.m. and two a.m. except on Sundays and legal holidays. (aaa) No parking for more than two hours between eight a.m. and four p.m. on school days. (bbb) For more than one hour between nine a.m. and seven p.m., except on Saturdays, Sundays and legal holidays. (ccc) No more than thirty minutes between the hours of eight-thirty a.m. and seven p.m. on weekdays, and eight-thirty a.m. to three p.m. on Saturdays and Sundays. (ddd) No parking here to corner. (eee) Ten minute parking seven-thirty a.m. - four-thirty p.m. school days and turn off motor. (fff) For more than two hours between nine a.m. to four p.m. except Saturday, Sunday and holidays. (ggg) For more than four hours. (hhh) For more than fifteen minutes from seven a.m. to nine a.m. and two p.m. to four-thirty p.m. on school days. (iii) For more than fifteen minutes from three p.m. to seven p.m. Monday through Thursday. (jjj) No parking, stopping, or standing from seven a.m. to nine a.m. and two p.m. to four-thirty p.m. on school days. (kkk) Fifteen-minute parking from six-thirty a.m. to seven p.m. (lll) From seven a.m. to five p.m. Monday—Friday. (mmm) From eight a.m. to six p.m. Monday—Friday. (nnn) For more than fifteen minutes from noon to five p.m. except Sundays and legal holidays.
(ooo) on school days from seven-thirty a.m. to nine a.m. and from two p.m. to four-thirty p.m.
(ppp) on school days or more than one hour between nine a.m. and two p.m.
(qqq) For more than 15 minutes
(rrr) No parking 7:00 AM - 8:00 AM & 2:00 PM-4:00 PM, and Two Hour Parking between 8:00 AM and 2:00 PM, on school days
(sss) on school days: from 7:30 a.m. to 9:00 a.m. and 2:00 p.m. to 4:30 p.m., nor for more than one hour between 9:00 a.m. and 2:00 p.m.
(ttt) for more than 1 hour between noon to 9 P.M.
(uuu) on school days from seven a.m. to three p.m.
(vvv) For more than fifteen minutes from seven a.m. to nine a.m., except Saturdays, Sundays and holidays
Applicable Section: 11.32.080
Schedule of streets, and portions thereof subject to the stated subsections of Section 11.32.080.
North 59th Street - west side
(a) from the south city limits to W. Wisconsin Avenue
North 60th Street - east side
(a) From Wisconsin Avenue to South City Limit
North 60th Street - west side
(a) from W. Blue Mound Road to 142 feet north thereof
(c) from W. McKinley Avenue to the alley south of W. Vliet Street
(e) from W. Vliet Street to the alley north thereof
(a) from the alley north of W. Vliet Street to W. Washington Boulevard
(n) from W. Washington Boulevard to W. Wright Street
(a) from 303 feet south W. Lloyd Street to W. Lloyd Street
(d) from W. Garfield Avenue to 100 feet south of the Transport Co. property line
(a) from 100 feet south of the Transport Co. property line to W. North Avenue
(g) from W. North Avenue to the alley north thereof
(n) from W. North Avenue to the alley north thereof
(e) from the alley north of W. North Avenue to W. Meinecke Avenue
North 61st Street - east side
(m) from W. Blue Mound Road to W. Wisconsin Avenue
(a) from W. Garfield Avenue to 134 feet south of W. North Avenue
(e) from 134 feet south of W. North Avenue to W. Meinecke Avenue
North 61st Street - west side
(m) from 150 feet north of W. Blue Mound Road to W. Wisconsin Avenue
(e) from W. Garfield Avenue to alley north of W. North Avenue
(a) from alley north of W. North Avenue to W. Wright Street
(bb) from West Blue Mound Road to a point 100 feet north thereof
North 62nd Street - east side
(a) between W. Lloyd Street and W. Garfield Avenue
(a) from W. Garfield Avenue to 134 feet south of W. North Avenue
(c) from 134 feet south of W. North Avenue to W. Meinecke Avenue
(a) from the north property line of 552 N. 62nd Street to 14 feet north thereof
(a) from Blue Mound Road north to the south lot line of 528 N. 62nd Street
(c) from the south lot line of 528 N. 62nd Street to West Wisconsin Avenue
(a) from 75 feet South of W. Martin Dr. To W. Martin Drive
(a) from 440 feet North of W. State St. To a point 253 feet North thereof
N. 62nd Street - west side
(a) from W. Blue Mound Road to W. Wisconsin Avenue
(a) from W. State Street to 73 feet north thereof
(c) from W. Garfield Avenue to alley north of W. North Avenue
(a) from W. Wright Street to north city limits
(a) from alley north of W. North Avenue to W. Meinecke Avenue
(a) from 557 feet north of State Street to 596 feet north of State Street
N. 63rd Court
N. 63rd Street - east side
(e) from W. Blue Mound Road to W. Wisconsin Avenue
(a) from W. Garfield Avenue to 118 feet south of W. North Avenue
(c) from 118 feet south of W. North Avenue to W. Meinecke Avenue
(a) from 170 feet south of the southernmost railroad track to State Street
N. 63rd Street - west side
(a) from the south city limit to W. Wisconsin Avenue
(a) from W. Lloyd Street to W. Garfield Avenue
(c) from W. Garfield Avenue to alley north of W. North Avenue
(a) from alley north of W. North Avenue to the north city limits
(a) along the west side of 63rd Street from approximately 225 feet of the southernmost railroad track to State Street
N. 64th Street - east side
(a) from W. Garfield Avenue to 139 feet south of W. North Avenue
(b) from 139 feet south of W. North Avenue to W. Meinecke Avenue
(c) from W. Blue Mound Road to W. Wisconsin Avenue
N. 64th Street - west side
(a) from W. Lloyd Street to W. Garfield Avenue
(c) from W. Garfield to a point 137 feet south of W. North Avenue
(a) from 139 feet north of North Avenue to W. Center Street
(a) from Ramona Avenue to the first driveway north of Ramona Avenue
N. 65th Street - east side
(a) from W. Garfield Avenue to 137 feet south of W. North Avenue
(c) from 137 feet south of W. North Avenue to W. Meinecke Avenue
N. 65th Street - west side
(a) from W. Lloyd Street to W. Garfield Avenue
(c) from W. Garfield to 137 feet of south W. North Avenue
(a) from 139 feet north of North Avenue to W. Center Street
(a) from Ramona Avenue to the first driveway north of Ramona Avenue
N. 66th Street - east side
(a) from W. Garfield Avenue to 135 feet south of W. North Avenue
(c) from 135 feet south of W. North Avenue to W. Meinecke Avenue
(i) between the hours of eight a.m. and four p.m., except Saturdays, Sundays and legal holidays, in front of 2622 N. 66th Street
(c) from the south city limits to W. Wisconsin Avenue
(f) from W. North Avenue to the alley north thereof
N. 66th Street - west side
(c) from W. Garfield Avenue to alley north of W. North Avenue
(a) from the alley north of W. North Avenue to W. Meinecke Avenue
(a) from the south city limits to W. Wisconsin Avenue
(a) from the south line of 6607 W. North Avenue to a point 12 feet north thereof
(f) from W. North Avenue to the alley north thereof
N. 67th Street - east side
(c) from W. Garfield Avenue to W. North Avenue
(c) from W. North Avenue to W. Meinecke Avenue
(c) from W. Wisconsin Avenue to Cedar Street
(j) from West Garfield Avenue to a point 55 feet north of West Garfield Avenue
N. 67th Street - west side
(a) from W. Lloyd Street to W. Garfield Avenue
(p) from W. Garfield Avenue to 30 feet south of the north lot line of the Washington School grounds
(a) from 30 feet south of the north lot line of the Washington School grounds to said north lot line
(c) from W. North Avenue to the alley
(a) from W. Garfield Avenue to W. North Avenue
(a) from the alley north of W. North Avenue to W. Meinecke Avenue
(l) from W. Wisconsin Avenue to Cedar Street
North 68th Street - east side
(t) from 602 N. 68th Street to W. Wisconsin Avenue
(a) from W. Milwaukee Avenue to W. Garfield Avenue
(a) from W. Garfield Avenue to 188 feet south of W. North Avenue
(c) from 188 feet south of W. North Avenue to W. Meinecke Avenue
(b) from a point 230 feet south of W. Blue Mound Rd. to a point 220 feet north thereof
(gg) from a point 230 feet south of W. Blue Mound Rd. to the south city limits of Wauwatosa
(gg) from 140 feet south of W. North Avenue to W. North Avenue on North 68th Street
(a) from Wisconsin Avenue to a point 175 feet north of Wisconsin Avenue
(c) from a point 175 feet north of Wisconsin Avenue to Aetna Court
(a) from Aetna Court to Honey Creek Parkway
(mmm) from 73 feet south of Milwaukee Avenue to 125 feet south of Milwaukee Avenue
(a) from 73 feet south of Milwaukee Avenue
(a) from 125 feet south of Milwaukee Avenue to State Street
(sss) from Center Street to a point 140-feet South of Center Street
N. 68th Street - west side
(c) from W. Wisconsin Avenue to W. Wells Street
(a) from W. Milwaukee Avenue to 200 feet north thereof
(n) from 200 feet north of W. Milwaukee Avenue to W. Garfield Avenue
(c) from W. Garfield Avenue to alley north of W. North Avenue
(a) from alley north of W. North Avenue to W. Center Street
(t) from 603 N. 68th Street to W. Wisconsin Avenue
(b) from Kinsman Street to a point 65 feet north
(a) from a point 230 feet south of W. Blue Mound Road to a point 220 feet north thereof
(gg) from a point 230 feet south of W. Blue Mound Road to the south city limits of Wauwatosa
(a) on the west side of 68th Street across from 6745 Wells Street
(gg) between Wisconsin Avenue and Wells Street
(tt) from W. Lloyd Street to W. North Avenue
(a) from Wisconsin Avenue to a point 190 feet north of Wisconsin Avenue
(c) from a point 190 feet north of Wisconsin Avenue to Aetna Court
(a) from Aetna Court to Honey Creek Parkway
North 69th Street - east side
(a) from W. Hillcrest Drive to W. North Avenue
(c) from W. North Avenue to W. Meinecke Avenue
(a) from West Bluemound Road to the south city limits
(a) from 56 feet north of the north lot line of 1118 N. 69th Street to the north side of Harvey Avenue
North 69th Street - west side
(a) from alley north of W. North Avenue to W. Meinecke Avenue
(a) from W. Clarke Street to W. Center Street
(c) from W. Garfield Avenue to alley north of W. North Avenue
(a) from 143 feet south of Blue Mound Road to 170 feet south thereof
(uu) from the south property line at 2243 North 69th Street to 175 feet south of West North Avenue
North 70th Street - east side
(k) from the south city limits to Maple Terrace
(a) from Maple Terrace to 50 feet north thereof
(k) from 50 feet north of Maple Terrace to the north lot line of 1114 N. 70th Street
(a) from the north lot line of 1114 N. 70th Street to W. State Street
(a) from W. Garfield Avenue to 139 feet south of W. North Avenue
(c) from 139 feet south of W. North Avenue to W. Meinecke Avenue
(p) from W. Clarke Street to W. Center Street
(w) from the alley north of W. North Avenue to West Meinecke Avenue
(c) from W. State Street to a point 20 feet south of the south driveway of Pick 'N Save
(a) from 20 feet south of the south driveway of Pick 'N Save to a point 20 feet north of the south driveway of Pick 'N Save
(a) from a point 20 feet south of the north driveway to a point 20 feet north of the north driveway to Pick 'N Save
(a) from Blanchard Street to 1524 North 70th Street
(g) from North Avenue to the alley south of North Avenue
North 70th Street - west side
(n) from the south city limits to 130 feet north of Auburn Avenue
(j) from Aetna Court 130 feet north of Auburn Avenue
(c) from W. Garfield Avenue to 149 feet north of W. North Avenue
(a) from 149 feet north of W. North Avenue to W. Meinecke Avenue
(w) from W. Garfield Avenue to the alley south of W. North Avenue
(a) from W. State Street to St. James Street
(a) from 130 feet north of Auburn Avenue to W. State Street
North 71st Street - east side
(a) from W. Garfield Avenue to 133 feet south of W. North Avenue
(a) from the alley south of W. Center Street to W. Center Street
(m) from the south lot line of 2312 N. 71st Street to W. Meinecke Avenue
North 71st Street - west side
(a) from W. State Street to St. James Street
(a) from 123 feet north of W. North Avenue to W. Meinecke Avenue
(a) from W. Clarke Street to the alley south of W. Center Street
(m) from W. Garfield Avenue to W. North Avenue
North 72nd Street - east side
(a) from Chestnut Street to 70 feet north of W. State Street
(c) from W. Clarke Street to W. Center Street
(a) from the dead-end, north to Honey Creek Parkway
(c) from the alley north of W. North Avenue to W. Meinecke Avenue
(a) from W. Garfield Avenue to 150 feet south of W. North Avenue
(a) From State Street to Blanchard Street
(g) fronting 2154 N 72nd Street
North 72nd Street - west side
(a) 1100 block
(l) from W. Milwaukee Avenue to W. Hillcrest Drive
(a) from alley north of W. North Avenue to W. Meinecke Avenue
(a) from W. Clarke Street to W. Center Street
(a) from the dead-end, north to Honey Creek Parkway
(c) from W. Garfield Avenue to 150 feet south of W. North Avenue
North 73rd Street - east side
(m) from 50 feet north of Milwaukee Avenue to W. Lloyd Street
(e) from W. Garfield Avenue to W. North Avenue
(c) from alley north of W. North Avenue to W. Meinecke Avenue
(a) 100 feet north and 100 feet south of Garfield Avenue
(xx) from W. Wright Street to W. Clarke Street
(yy) from W. Wright Street to W. Clarke Street
(yy) from W. Wright Street to W. Clarke Street
(jj) from Milwaukee Avenue to 50 feet north of Milwaukee Avenue
North 73rd Street - west side
(c) from W. Garfield Avenue to W. North Avenue
(a) from alley north of W. North Avenue to W. Meinecke Avenue
(a) from W. Clarke Street to W. Center Street
(a) 100 feet north and 100 feet south of Garfield Avenue
(h)(z) from West Wright Street to a point 245 feet north thereof (school drop-off area)
(h) from 245 feet north of West Wright Street to a point 225 feet north thereof
(jj) from Milwaukee Avenue to 50 feet north of Milwaukee Avenue
North 74th Street - east side
(a) From West State Street to 35 feet north thereof
(b) From 35 feet north of West State Street to Blanchard Street
(m) from Hillcrest Drive to W. Lloyd Street
(c) from W. Lloyd Street to W. Garfield Avenue
(m) from the alley north of W. North Avenue to 48 feet north thereof
(a) from West Wright Street to a point 55 feet north thereof
(h) from a point 68 feet north of West Wright Street to a point 260 feet north thereof (school drop-off zone)
(a) from 260 feet north of West Wright Street to West Center Street
(a) Milwaukee Avenue to Lloyd Street
(a) from Wright to 68 feet north
North 74th Street - west side
(a) from W. State Street to 246 feet north thereof
(c) from 246 feet north of W. State Street to St. James Street
(c) from Kenwood Avenue to W. Garfield Avenue
(a) from W. North Avenue to W. Wright Street
(m) from Hillcrest Drive to a point of 130 feet north thereof
(m) from a point 125 feet south of Hillcrest Drive to a point 55 feet south thereof
(a)(z) from 30 feet north of Milwaukee Avenue to a point 180 feet north thereof
(a) from Milwaukee Avenue to a point 30 feet north thereof
North 75th Street - east side
(a) from W. Blue Mound Road to the alley north thereof
(w) from the alley north of W. Blue Mound Road to Wellauer Drive
(o) from Hennessey Avenue to W. Wright Street
(o) from the property line of St. Pius Church to W. Clarke Street
(l) from the alley south of W. Center Street to W. Center Street
(m) from Hillcrest Drive to cul-de-sac
(a) in cul-de-sac
North 75th Street - west side
(w) from W. Blue Mound Road to Wellauer Drive
(a) from Wauwatosa East High School to Hillcrest Drive
(e) from Wellauer Drive south to Blue Mound Lane
(a) in cul-de-sac
North 76th Street - east side
(k) from Wellauer Drive to W. Wisconsin Avenue
(a) from W. Blue Mound Road to a point 45 feet north thereof
(a) from the alley north of W. Blue Mound Road to Wellauer Drive
North 76th Street - west side
(w) from W. Blue Mound Road to Wellauer Drive
(n) from W. Blue Mound Road to W. Wisconsin Avenue
(a) from Portland Avenue to Maple Street
North 77th Street - east side
(b) from W. Blue Mound Road to Wellauer Drive
North 77th Street - west side
(b) from W. Blue Mound Road to 292 feet south thereof
(bbb) from West Blue Mound Road to the north property line of 529 N. 77th Street
North 78th Street
North 79th Street
North 80th Street - east side
(a) from 125 feet south of the driveway of the Wauwatosa Presbyterian Church to 85 feet south of the driveway
North 81st Street - east side
(a) from 90 feet south of W. North Avenue to W. North Avenue
North 82nd Street
North 83rd Street
North 84th Street - west side
(dd) in front of 2659 N. 84th Street and the north ten feet in front of 2645 N. 84th Street
(ttt) from North Avenue to 53 feet north of North Avenue
(s) in front of the north 17 feet of 2321 N 84th Street
(s) in front of 2357 N 84th Street
(a) in front of 2336 N 84th Street
North 85th Street - east side
(c) from Hawthorne Avenue north to Ravenswood Circle
(t) from 15 feet north of the crosswalk at Watertown Plank Road north to the end of the block
(a) from 15 feet north of the crosswalk at Watertown Plank Road to the intersection of Watertown Plank Road
(c) from the north lot line of 169 N. 85th Street north to Ravenswood Circle
North 85th Street - west side
(c) from W. North Avenue to the north lot line of 2315 N. 85th Street
(a) from the north lot line of 2315 N. 85th Street to W. Meinecke Avenue
(a) from Watertown Plank Road to a point 80 feet north
(c) from Hawthorne Avenue north to Ravenswood Circle
(t) from Watertown Plank Road north to the north end of the block
(m) from the north corner of North Avenue to a point 110 feet north of the corner of North Avenue
(a) from Hawthorne Avenue to the north lot line of 169 N. 85th Street
North 86th Street - east side
(a) from a point 120 feet north of Watertown Plank Road north to the terminus of said North 86th Street south of the Milwaukee County Grounds
(d) from West North Avenue to 85 feet north thereof
(e) from the alley north of North Avenue to West Meinecke Avenue
(u) from Chestnut Street to the cul-de-sac at the north end of the 1200 block
North 86th Street - west side
(d) from W. North Avenue to the alley north thereof
(e) from the alley north of North Avenue to W. Meinecke Avenue
(u) from Chestnut Street to the cul-de-sac at the north end of the 1200 block
North 87th Street
North 88th Street - east side
(c) from W. North Avenue to W. Meinecke Avenue
North 88th Street - west side
(a) from W. North Avenue to the alley north thereof
(c) from the alley north of North Avenue to W. Meinecke Avenue
North 88th Street - both sides
(aaa) from Ravenswood Circle to Park Hill Drive
North 89th Street - east side
(e) from W. North Avenue to the alley north thereof
(c) from the alley north of W. North Avenue to W. Meinecke Avenue
North 89th Street - west side
(p) from the alley north of W. North Avenue to W. Meinecke Avenue
(a) from W. North Avenue to 120 feet north thereof
(a) from Wright to 119 feet south
(a) from 206 feet south of Wright to 288 feet south of Wright
(h) from 348 feet south of Wright to 599 feet south of Wright
(ooo) from 119 feet south of Wright to 206 feet south of Wright
(ooo) from 288-feet south of Wright to 348-feet south of Wright
(ppp) from 119 feet south of Wright to 206 feet south of Wright
(ppp) from 288 feet south of Wright to 348-feet south of Wright
North 89th Street - both sides
(aaa) from Ravenswood Circle to Park Hill Drive
North 90th Street - east side
(b) from Jackson Park Boulevard to 68 feet south of W. North Avenue
(a) from 68 feet south of W. North Avenue to W. North Avenue
(aaa) from West North Avenue to West Meinecke Avenue
(a) from Wright to 118 feet south
(h) from 118 feet south of Wright to 165 south of Wright
(h) from 335 feet south of Wright to 590 feet south of Wright
North 90th Street - west side
(a) from Jackson Park Boulevard to W. North Avenue
(aaa) from West North Avenue to West Meinecke Avenue
North 91st Street - east side
(a) from W. Clarke Street to the north city limit
(x) from 2575 N. 91st Street to Clarke Street
North 91st Street - west side
(a) from W. Wright Street to W. Clarke Street
(a) from 150 feet north of North Avenue to Meinecke Avenue
(a) from W. Clarke Street to 35-feet north of W. Clarke Street
(aaa) from 35-feet north of Clarke Street to 180 feet north of Clarke Street"
(rrr) from 180-feet north of Clarke Street to the North City Limit
North 92nd Street - east side
(a) from 120 feet south of West Glendale Avenue to 240 feet south of West Glendale Avenue
North 92nd Street - west side
(a) from the drive to 4025 N. 92nd Street to 35 feet north thereof
(a) from the north drive of 4545 N. 92nd Street to the extended south curb of Glendale Avenue
(a) from the north property line of 4653 N. 92nd Street to the south property line of 4639 N. 92nd Street
(a) from the south line of the entrance drive to 4545 N. 92nd Street to a point 100 feet south thereof
(m) from 220 feet south of W. Fiebrantz Avenue to 520 feet south of W. Fiebrantz Avenue
(a) from 80 feet north of the southernmost driveway into Luther Manor off of 92nd Street
North 93rd Street - west side
North 94th Street
North 94th Street - west side
(a) from W. Blue Mound Road to W. Wisconsin Avenue
North 96th Street
North 97th Street - east side
(a) from terminus at the south cul de sac near Blue Mound Road to the south corner of the 97th Street frontage road intersection
North 97th Street - west side (frontage road)
(q) from the terminus at the cul de sac near Blue Mound Road to the North terminus at the cul de sac near Wisconsin Avenue
North 98th Street - east side
(t)(q) from a point 140 feet north of Blue Mound Road to Wisconsin Avenue
North 98th Street - west side
(a) from Blue Mound Road to a point 130 feet north thereof
(ee) from a point 200 feet north of Blue Mound Road to Wisconsin Avenue
North 99th Street - east side
(a) from Blue Mound Road to a point 130 feet north thereof
(t)(q) from a point 130 feet north of Blue Mound Road to a point 260 feet north thereof
(a) from a point 260 feet north of Blue Mound Road to Wisconsin Avenue
North 99th Street - west side
(a) from Blue Mound Road to a point 160 feet north thereof
(t) from a point 330 feet north of Blue Mound Road to Wisconsin Avenue
North 100th Street - east side
(a) from a point 55 feet north of Glendale Avenue to a point 50 feet south of Glendale Avenue
(i) handicapped parking only from the side entrance of Madison School to 30 feet south thereof
(h) from the south property line of Madison School to a point 50 feet south of Glendale Avenue
(pp) from the bus stop north to the corner of Glendale Avenue
(pp) from the bus stop north to the sidewalk
(tt) from the school sidewalk south to Ruby Avenue
North 100th Street - west side
(a) from Glendale Avenue to a point 50 feet north thereof
North 101st Street
North 102nd Street - east side
(l) from Fisher Parkway to the first lot line south of W. North Avenue
North 102nd Street - west side
(l) from Fisher Parkway to the first lot line south of W. North Avenue
(a) from W. Capitol Drive to a point 50 feet south
North 103rd Street - east side
(a) from Blue Mound Road to a point 50 feet north thereof
(t) from a point 50 feet north of Blue Mound Road to Wisconsin Avenue
North 103rd Street - west side
(t)(q) from Blue Mound Road to Wisconsin Avenue
North 104th Street - east side
(t) from W. Garfield to W. North
North 104th Street - west side
(q) from W. Blue Mound Road to W. Wisconsin Avenue
(l) from Fisher Parkway to 45 feet north of W. Garfield Avenue
North 105th Street - east side
(t) from W. Garfield Avenue to Fairview Building parking lot
North 105th Street - west side
(l) from W. Garfield Avenue to W. North Avenue
North 106th Street - east side
(l) from Garfield to the alley south of W. North Avenue
North 106th Street - west side
(m) from Fisher Parkway to 96 feet south of the alley south of North Avenue
(a) from the alley south of W. North Avenue to a point 25 feet north thereof
(a) from the alley north of Blue Mound Road to approximately 50 feet south thereof
North 107th Street - east side
(q) from W. Blue Mound Road to Hibbard Street
(b) from the alley south of W. Blue Mound Road to Hibbard Street
(l) from Fisher Parkway to 96 feet south of the alley south of North Avenue
(c) from W. York Place to W. Capital Drive
North 107th Street - west side
(m) from Fisher Parkway to 96 feet south of the alley south of North Avenue
(a) from the alley south of W. Capitol Drive to W. Capitol Drive
North 108th Place - east side
(c) from W. Blue Mound Road to 134 feet north thereof
(a) on West Blue Mound Road to a point forty-five feet north thereof
(c) from forty-five feet north of West Blue Mound Road to a point sixty feet north thereof
North 108th Place - west side
(c) from W. Blue Mound Road to W. Wisconsin Avenue
North 108th Street
North 109th Street - east side
(l) from W. Michigan Street to W. Wisconsin Avenue
(a) from the north curb of W. Wisconsin Ave. to 30 feet north thereof
(zz) between West Bluemound Road and W. Michigan Street
N. 109th Street - west side
(l) from the north lot line of 609 N. 109th Street to W. Wisconsin Avenue
(l) from W. Wisconsin Avenue to the south lot line of 10905 W. Potter Road
N. 110th Street - east side
(u) from Mt. Vernon Avenue to the north lot line of 322 N. 110th Street
(pp) from the bus stop north to the corner of Glendale Avenue
(pp) from the bus stop south to the sidewalk
(tt) from the school sidewalk south to Ruby Avenue
N. 110th Street - west side
(a) from W. Capitol Drive to Glenway Court
(u) from Mt. Vernon Avenue to the north lot line of 337 N. 110th Street
N. 110th Place - east side
(ee) from W. Park Hill Avenue to a point 100 feet south thereof
N. 111th Street
(jj) in the cul-de-sac south of Center Street
N. 111th Street - east side
(m) from the north lot line of 2435N. 111th Street to W. Clarke Street
(x) from the north lot line of 336 N. 111th Street to W. Mt. Vernon Avenue
N. 111th Street - west side
(a) from the north lot line of 2435 N. 111th Street to W. Clarke Street
(l) from the north lot line of 337 N. 111th Street to W. Mt. Vernon Avenue
N. 112th Street - east side
(m) from W. Meinecke Avenue to W. Center Street
(a) from W. Locust Street to W. Burleigh Street
(h) from W. Potter Road to 100 feet south thereof
(i) between the hours of three and four-thirty p.m. on school days only from 100 feet south of W. Potter Road to W. Wisconsin Avenue
(l) from W. Wisconsin Avenue to W. Blue Mound Road
(l) from Mt. Vernon Avenue to Blue Mound Road
(jj) in front of 2900 N. 112th Street
N. 112th Street - west side
(a) from W. Meinecke Avenue to W. Center Street
(a) from West Burleigh Street to a point 675 feet south thereof
(l) from W. Blue Mound Road to the north lot line of 449 N. 112th Street
(i) between the hours of eight and nine a.m. on school days only from the north lot line of 449 North 112th Street to 100 feet south of W. Potter Road
(h) from 100 feet south W. Potter Road to W. Potter Road
(l) from 157 feet south of Blue Mound Road to 332 feet south of Blue Mound Road
North 113th Street - east side
(a) from W. Blue Mound Road to the north lot line of 450 N. 113th Street
(a) from W. North Avenue to West Center Street
(l) from Mt. Vernon Avenue to the south lot line of 11225 W. Blue Mound Road
(l) between the two most northern entrances to the Empire Fish Company property at 11200 Watertown Plank Road
(a) from Watertown Plank Road to 250 feet north
(a) from the north end of N. 113th Street (N. Plank Court) to a point 80 feet south thereof
(a) for a distance of 30 feet south of Miller Brands' southern driveway, and for a distance of 30 feet south of their northern driveway
(jj) from Watertown Plank Road to a point 170 feet (Empire Fish Center Drive) north of Watertown Plank Road
(kk) from a point 170 feet north of Watertown Plank Road to a point 255 feet (between the center and north drives of Empire Fish) north of Watertown Plank Road
(ll) from a point 245 feet north of Watertown Plank Road to Plank Court
North 113th Street - west side
(a) from W. North Avenue to 100 feet north thereof
(l) from Mt. Vernon Avenue to 175 feet south of W. Blue Mound Road
(a) from the north side of the drive entrance to 11302 W. Blue Mound Road to Wisconsin Avenue
(b) from Watertown Plank Road to 210 feet north
(mm) from Watertown Plank Road to a point 210 feet (Findley loading dock) north of Watertown Plank Road
(ll) from a point 210 feet north of Watertown Plank Road to a point 440 feet (north drive to Findley) north of Watertown Plank Road
(a) from the northernmost driveway of the property at 11320 Watertown Plank Road to a location fifteen feet south thereof
(a) from the drive entrance to 11302 W. Watertown Plank Road to a point 80 feet north thereof
North 114th Street - east side
(a) across from the loading dock at 3041 N. 114th Street, from 35 feet south of the railroad spur crossing to the railroad spur crossing
(a) from W. North Avenue to the alley north thereof
(c) from 26 feet north of W. Blue Mound Road to the south lot line of 456 N. 114th Street
(ii) from Mt. Vernon Avenue to the south lot line of 11391 W. Bluemound Road
(l) from the south lot line of 456 N. 114th Street to West Wisconsin Avenue
(h) from W. Center Street to Clarke Street
(a) from a point 80 feet south of the railroad spur to a point 45 feet north of the railroad spur in the 3000 block
North 114th Street - west side
(c) from W. Blue Mound Road to the south lot line of 455 No. 114th Street
(l) from 184 feet north of W. Blue Mound Road to W. Wisconsin Avenue
(ii) from Mt. Vernon Avenue to the south lot line of 11407 W. Bluemound Road
(a) from W. Locust Street to Burleigh Street
(vv) from Clarke Street to 190-feet south thereof
North 115th Street - east side
(l) from 230 feet north of W. Garfield Avenue to the south lot line of 2250 N. 115th Street
(a) from the alley south of W. North Avenue to the alley north of W. North Avenue
(l) from the south lot line of 500 N. 115th Street to W. Wisconsin Avenue
(u) from the south lot line of 2250 N. 115th Street to the alley north thereof
(l) from the south line of the alley south of W. North Avenue to a point 40 feet south thereof
(t) from the alley north of W. North Avenue to the north lot line of 2320 N. 115th Street
North 115th Street - west side
(x) from 210 feet north of W. Garfield Avenue to the alley south of W. North Avenue
(x) from the alley south of W. North Avenue to a point 57 feet south of the south line of the alley south of W. North Avenue
(a) from 15 feet south of the North Avenue crosswalk to the alley north of North Avenue
(a) from W. Blue Mound Road to the south lot line of 501 N. 115th Street
(l) from the south lot line of 501 N. 115th Street to W. Wisconsin Avenue
(l) from Mt. Vernon Avenue to W. Blue Mound Road
(l) from Watertown Plank Road south to the north property line of 1141 North 115th Street
(t) from the alley north of North Avenue to the north lot line at 2313 North 115th Street
(h) from W. Center Street to Clarke Street
North 116th Street - east side
(a) from the alley south of W. North Avenue to the alley north of W. North Avenue
(u) from W. Garfield Avenue to the alley south of W. North Avenue
(l) from 130 feet north of W. North Avenue to W. Meinecke Avenue
(u) from the south lot line of 536 N. 116th Street
(a) from West Blue Mound Road to the south lot line of 458 N. 116th Street
(a) from Watertown Plank Road to a point 185 feet north thereof
North 116th Street - west side
(l) from Garfield Avenue to W. North Avenue
(a) from W. North Avenue to 30 feet north thereof
(c) from 15 feet north of W. North Avenue to the south property line of 2323 North 116th Street
(l) from the south property line of 2323 North 116th Street to the north property line of 2323 North 116th Street
(u) from the north property line of 2323 North 116th Street to W. Meinecke Avenue
(l) from a point 150 feet north of W. Blue Mound Road to the north lot line of 551 N. 116th Street
(a) from W. North Avenue to a point 220 feet south
(b) from the alley south of West Blue Mound Road to a point 45 feet north thereof
(t) from West Blue Mound Road to a point 45 feet north of alley
(t) from a point 30 feet north of the alley south of West Blue Mound Road to West Blue Mound Road
(jj) from the alley south of West Blue Mound Road to a point 30 feet north thereof
North 117th Street - east side
(c) from W. Locust Street to a point 200 feet south of West Burleigh Frontage Road
(a) from the Burleigh Frontage Road to a point 235 feet south thereof
(l) from the north lot line of the business lot north of W. North Avenue to W. Meinecke Avenue
(u) from W. Locust Street south 233 feet
(l) from the driveway of 2942 N. 117th Street to 20 feet north thereof
North 117th Street - west side
(l) from the north lot line of the business lot north of W. North Avenue to W. Meinecke Avenue
(a) from 70 feet south of the Burleigh Frontage Road to the Burleigh Frontage Road
(a) from the north curbline of the Bowlero's middle drive to 140 feet north thereof
(u) from W. Locust Street south 267 feet
(l) from 125 feet south of the middle drive of the Bowlero Parking Lot to the middle drive of the Bowlero Parking Lot
(c) from W. North Avenue to a point 150 feet north thereof
North 118th Street - east side
(a) from W. Capitol Drive Frontage Road north to 96 feet north thereof
(a) from the driveway at 2800 N. 118th Street to West Locust Street
(x) from W. Garfield Avenue to the alley south of W. North Avenue
North 118th Street - west side
(c) from the north end of the property at 2243 N. 118th Street to the south end of the driveway at 2229 N. 118th Street
North 119th Street - east side
(a) from W. North Avenue to the drive at 2324 N. 119th Street
(a) from 20 feet north of the intersection with Gilbert Avenue to a location 20 feet south of Gilbert Avenue
North 119th Street - west side
(a) from the south curbline of Burleigh Frontage Road to W. Burleigh Street
(a) from Garfield Avenue to 300 feet south of Gilbert Avenue, from April 1st to September 30th
North 120th Street - east side
(o) from W. North Avenue to 200 feet north thereof
(a) from W. Fairview Avenue to the south lot line of 120 N. 120th Street
North 120th Street - west side
(a) from the north property line of 121 N. 120th Street to 24 feet south thereof
(o) from W. North Avenue to 400 feet north thereof
(u) from Dearbourn Avenue to the northern property line of 315 N. 120th Street
North 121st Street - east side
(a) from 65 feet south of Ripley Avenue to Ripley Avenue
(a) from W. Cathedral Avenue to W. Blue Mound Road
North 121st Street - west side
(b) from Fairview Avenue to Ripley Avenue
(a) from Ripley Avenue to the railroad crossing north thereof
(a) from Ripley Avenue to a point 70 feet north of the railroad crossing
(a) from 60 feet south of Blue Mound Road to Blue Mound Road
(a) from W. Blue Mound Road to a point 80 feet north thereof
North 122nd Street - east side
(a) from 100 feet south of North Avenue to North Avenue
North 122nd Street - west side
(b) from Woodland Avenue to W. Garfield Avenue
(nnn) from the alley south of W. North Avenue to a point 47-feet south thereof
North 123rd Street - both sides
(x) from Fairview Avenue to Ripley Avenue
(w) from North Avenue to a point 83 feet north thereof
North 124th Street - east side
(a) from the south lot line of 2380 N. 124th Street to the north lot line of 2428 N. 124th Street
(a) from W. Center Street to a point 170 feet south thereof
(f) from Locust Street to a point 200 feet south of Burleigh Street
(a) from a point 680 feet north of West North Avenue to a point 750 feet north of West North Avenue
(t) from W. Hadley to W. Locust Street
(a) from a point 200 feet south of Burleigh to the north city limits
North 124th Street - west side
(a) from the cul-de-sac south of Watertown Plank Road to Watertown Plank Road
Aberdeen Court
Aetna Court - north side
(a) from N. 68th Street to 320 feet west thereof
Aetna Court - south side
(jjj) No parking, stopping, or standing from 7:00 a.m. to 9:00 a.m. and 2:00 p.m. to 4:30 p.m. on school days.
Alice Street - east side
(m) from Milwaukee Avenue, around the cul-de-sac, to the north side of the driveway to 1443 Alice Street
Alice Street - west side
Alta Vista Avenue
Argonne Drive
Auburn Avenue - south side
(a) from 68th Street to 60 feet west thereof
Auburn Avenue - north side
Auer Avenue
Avon Court - south side
(t) from Robertson Street, west to the dead-end cul-de-sac
(fff) from Robertson Street to Glenview Avenue
Avon Court - north side
(t) from Robertson Street, west to the dead-end cul-de-sac
(fff) from Robertson Street to Glenview Avenue
Bel Air Circle - east side
(b) for entire length
Bel Air Circle - west side
(b) for entire length
Bel Air Court
Betsy Ross Place
Beverly Place
Blanchard Street - south side
(a) from Wauwatosa Avenue to a point 125 feet west of North 74th Street
(c) from a point 125 feet west of North 74th Street to a point 25 feet west of North 74th Street
Blanchard Street - north side
(a) from N. 68th Street to N. 69th Street
(a) from N. 70th Street to the east end of the street
(a) from N. 72nd Street to N. 74th Street
(a) from Wauwatosa Avenue to a point 210 feet east of Wauwatosa Avenue
(c) from a point 210 feet east of Wauwatosa Avenue to the western edge of the driveway for 7430 Blanchard Street
(a) from the western edge of the driveway for 7430 Blanchard Street to the eastern edge of the driveway for 7400 Blanchard Street
Blue Mound Road - south side
(a) from the west curbline of N. 70th Street to 80 feet west thereof
(a) from Glenview Avenue to Glencoe Circle (east end)
(a) from N. 113th Street to 78 feet west thereof
(n) from Glencoe Circle (west end) to N. 89th Street
(a) from N. Mayfair Road to N. 110th Street
(a) from Homewood Avenue to 100 feet west thereof
(b) from 72 feet east of the driveway at 11219 West Blue Mound Road to the bus stop at N. 112th Street
(n) from 72 feet east of the driveway at 11219 West Blue Mound Road to 62 feet east of the curbline of N. 113th Street
(a) from N. 115th Street to 178 feet west thereof
(i) between the hours of five p.m. and seven p.m., except on Sundays and legal holidays, from 100 feet west of Homewood Avenue to N. 119th Street
(i) for more than two hours between eight a.m. and six p.m., except Saturdays, Sundays and legal holidays, from a point 95 feet west of N. 116th Street to N. 117th Street
(b) from 92 feet east of N. 115th Street to N. 115th Street
(n) from N. 68th Street to the west lot line of 7123 W. Blue Mound Road
(a) from 172 feet east of N. 121st Street to N. 121st Street
(t) from the east lot line of 11063 W. Blue Mound Road to N. 111th Street
(a) from the west city limits to a point 50 feet east of the bus turnaround which is located in the 12300 block
(a) within the bus turnaround located in the 12300 block
(a) from N. 111th Street to 100 feet west thereof
(a) from N. 121st Street to a point 100 feet west thereof
(a) from 52 feet west of N. 69th Street to 79 feet west thereof
(a) from N. 115th Street to N. 116th Street
(a) from a point 325 feet east of N. 68th Street to a point 250 feet west thereof
(c) adjacent to the property located at 11127 W. Blue Mound Road
(a) beginning at the existing No Parking Zone in front of 6713 Blue Mound Road to the eastern city limits (approximately 167 feet to the east of the existing no parking zone)
Blue Mound Road - north side
(e) from N. 61st Street to 40 feet east of N. 62nd Street
(a) from N. 75th Street to N. 76th Street
(b) from Glenview Avenue to Robertson Street
(a) from 100 feet east of N. 97th Street to N. 97th Street
(a) from N. 113th Street to a point 75 feet east thereof
(a) from N. 121st Street to a point 110 feet east thereof
(a) from 50 feet east of N. 98th Street to N. 98th Street
(a) from 50 feet east of N. 99th Street to the driveway of St. Camillus Health Center
(a) from 30 feet east of N. 103rd Street to N. 103rd Street
(c) from N. 103rd Street to 438 feet west of N. 104th Street
(a) from N. 120th to N. 121st Street
(a) from 30 feet east of N. 111th Street to 60 feet west of N. 111th Street
(a) from 65 feet east of N. 117th Street to N. 117th Street
(a) from 60 feet east of Underwood Parkway to Underwood Parkway
(a) from the east lot line of 10636 W. Blue Mound Road to N. 108th Place
(a) from the driveway at 9720 W. Blue Mound Road to a point 18 feet west thereof
(a) from 40 feet east of N. 62nd Street to N. 62nd Street
(a) from 45 feet east of the east driveway entrance to 8112 W. Blue Mound Road to said east driveway entrance
(a) from 45 feet east of west driveway entrance to 8112 W. Blue Mound Road to said east driveway entrance
(a) from 45 feet east of west driveway entrance to 8112 W. Blue Mound Road to said west driveway entrance
(a) from 35 feet east of the east drive of 12000 W. Blue Mound Road to said east drive
(a) from 35 feet east of the west drive of 12000 W. Blue Mound Road to the drive of 12020 W. Blue Mound Road
(a) from 115 feet east of North 115th Street to 60 feet west thereof
(a) from 60 feet east of N. 75th Street to N. 75th Street
(l) from N. 119th Street to 35 feet east of the east driveway of 12000 W. Blue Mound Road
(a) from N. 68th Street to N. 73rd Street
(a) from Mayfair Road to North 109th Street
(q) from North 97th Street to North 99th Street
(a) from North 99th Street to North 103rd Street
(c) from North 114th Street to 115 feet east of North 115th Street
(a) W. Blue Mound Road from Honey Creek Parkway to a point 100 feet west of the Parkway
(a) from N. 115th Street to N. 116th Street
(a) from N. 64th Street to N. 65th Street
(nn) from approximately 200 feet west of N. 68th Street to N. 71st Street
(a) from 105 feet east of Honey Creek Parkway to Glenview Avenue
(a) from a point 185 feet east of N. 68th Street to a point 200 feet west thereof
(a) at the no loading zone in front of 9898 W. Blue Mound Road
(a) from Pleasant View Street to 120 feet east of Pleasant View Street
(a) from Robertson Street to 150 feet east thereof
Brookside Place
Burleigh Frontage Road - north side
(c) from N. 117th Street to 36 feet east of N. 119th Street
Burleigh Frontage Road - south side
(a) from a point 94 feet east of the west curbline of N. 119th Street to the west curbline of N. 119th Street
(c) from N. 117th Street to a point 94 feet east of the west curbline of N. 119th Street
Burleigh Street - south side
(a) from N. 114th Street to the expressway entrance
(k) from the expressway entrance to the east lot line of 12029 W. Burleigh Street
(a) from N. 117th Street to the driveway east of 12019 W. Burleigh Street
(a) from the east lot line of 12029 W. Burleigh Street to N. 121st Street
(a) from N. 121st Street to 40 feet west thereof
(a) from 30 feet east of N. 122nd Street to N. 122nd Street
(c) from the driveway east of 12019 W. Burleigh Street to the east lot line of 12029 W. Burleigh Street
(c) from 80 feet west of N. 121st Street to 30 feet east of N. 122nd Street
(a) from Mayfair Road to 233 feet west thereof
(c) from N. 122nd Street to N. 124th Street
(a) from the drive at 11123 W. Burleigh Street to 50 feet west thereof
(a) from 95 feet west of N. 112th Street to N. 112th Street
Burleigh Street - north side
(a) from the expressway entrance to 60 feet west of the east driveway into the Briggs and Stratton property
(a) from 112 feet east of the east edge of Kohl's office driveway to the east edge of said driveway
(a) from Mayfair Road to 265 feet west thereof
Byron Place
Capitol Drive Frontage Road - south side
(a) from 850 feet east of the freeway to 1,000 feet west of the freeway
Capitol Drive Frontage Road - north side
(a) from 850 feet east of the freeway to 1,000 feet west of the freeway
Capitol Drive - south side
(a) front W. Lisbon Avenue to 107th Street
(a) from Mayfair Road to 124th Street
(jj) from 107th Street to Mayfair Road
Capitol Drive - north side
(a) from N. Mayfair Road to N. 124th Street
Cathedral Avenue - south side
Cathedral Avenue - north side
Cathedral Court - south side
(a) from N. 111th Street to and including the cul-de-sac east thereof
Cedar Street - south side
(a) from 12 feet east of the driveway at 6811 Cedar Street to 22 feet west of said driveway
(a) from the intersection of No. 68th Street and Cedar Street to a point twenty feet east thereof
Cedar Street - north side
(a) from N. 68th Street to N. 67th Street
Center Street - south side
(b) from N. 70th Street to seventy feet east of N. 71st Street
(a) from seventy feet east of N. 71st Street to N. 71st Street
(b) from N. 71st Street to N. 72nd Street
(a) from seventy feet east of Wauwatosa Avenue to Wauwatosa Avenue
(a) from N. Mayfair Road to the west lot line of 2673 N. 111th Street
(a) on the bridge over the expressway
(h) from N. 111th Street to N. 113th Street
(h) directly in front of 11327 W. Center Street
(e) from a point seventy feet east of Wauwatosa Avenue to N. 75th Street
(sss) from North 67th Street to North 68th Street
W. Center Street - south side
(i) handicapped parking between eight a.m. and twelve noon on Sundays only, for a distance of fifty feet directly in front of the main entrance of 7265 W. Center Street
(ff) from ninety feet west to one hundred forty feet west of Lefeber Avenue
W. Center Street - north side
(b) from the east city limit to Lefeber Avenue
(a) on the bridge over the expressway
(a) from N. Mayfair Road to the west side of the main entrance walk to Whitman Jr. High School
(h) from the west side of the main entrance walk to fifty feet east of the east curbline of the Whitman Jr. High School driveway
(a) from fifty feet east of the east curbline of the Whitman Jr. High School driveway to said east curbline
(h) from the west curbline of the Whitman Jr. High School driveway to the east limits of the bridge over the expressway
(a) from 125 feet east of 115th Street to 117th Street1
Chambers Street - south side
Chambers Street - north side
W. Cherry Street
Chestnut Street - south side
Chestnut Street - north side
Christine Drive
Church Street - east side
(m) from Menomonee River Parkway to Warren Avenue
Church Street - east side
(m) from Menomonee River Parkway to Milwaukee Avenue
Church Street - west side
(m) from Menomonee River Parkway to 60 feet south of Milwaukee Avenue
(l) from 60 feet south of Milwaukee Avenue to Milwaukee Avenue
(m) from Milwaukee Avenue to Warren Avenue
(p) from Warren Avenue to Hillcrest Drive
(a) from Hillcrest Drive to Woodland Avenue
Clarke Street - north side
(a) from the alley in the 7500 block to thirty-six feet west thereof
(o) from N. 90th Street to Swan Boulevard
(a) from Wauwatosa Avenue to sixty feet east thereof
(l) W. Clark Street from N. 75th Street to the alley west thereof
Concordia Avenue
Congress Street - south side
(a) from N. 110th Street to N. Mayfair Road
Congress Street - north side
(a) from N. 110th Street to N. Mayfair Road
Courtland Avenue - south side
(a) from the curbline of N. Mayfair Road to one hundred twenty feet east thereof
Crescent Court
Crestview Court
Currie Avenue - south side
(t) from Robertson Avenue west to the dead-end
(fff) from Robertson Street to Glenview Avenue
Currie Avenue - north side
(c) from Robertson Avenue west to the dead-end
(fff) from Robertson Street to Glenview Avenue
Currie Place - east side
(t) from end of cul-de-sac to Currie Avenue
Currie Place - west side
(a) from end of cul-de-sac to Currie Avenue
Dearbourn Avenue - south side
Dearbourn Avenue - north side
(u) from N. 116th Street to N. 120th Street
(l) from the west side of the easternmost driveway at 11905 W. Dearbourn Avenue to a point forty feet west thereof
Derby Avenue
Dewey Avenue - east side
(a) from one hundred ten feet north of Chestnut Street to two hundred twenty feet north of Chestnut Street
(h) from two hundred ten feet south of Harwood Avenue to Harwood Avenue
Dewey Avenue - west side
(a) from two hundred ten feet south of Harwood Avenue to Harwood Avenue
(l) from Chestnut Street to two hundred ten feet south of Harwood Avenue
Diane Drive
Eagle Street
Elm Lawn Avenue
Elm Lawn Street - west side
(c) from Watertown Plank north to the end of the street
(a) from the first 30 feet south of Watertown Plank Road to the corner of Watertown Plank Road
Elm Lawn Street - east side
(l) from Watertown Plank north to the end of the street Elmhurst Parkway
(a) from the first 30 feet south of Watertown Plank Road to the corner of Watertown Plank Road
Elm Spring Avenue - east side
(b) from W. Blue Mound Road to W. Wisconsin Avenue
Elm Spring Avenue - west side
(b) from W. Blue Mound Road to W. Wisconsin Avenue
Elmspring Court
Fairview Avenue - north side
(a) from N. 121st Street to the west city limits
Fairwood Court - west side
(u) from W. Chambers Street to the dead-end
Ferrick Place
Ferrick Street
Fiebrantz Avenue - south side
(a) from Mayfair Road to the alley west thereof
Fiebrantz Avenue - north side
Forest Street
Garfield Avenue - south side
(a) from one hundred ten feet east of Wauwatosa Avenue to Wauwatosa Avenue
(l) from N. 107th Street to the alley west thereof
(m) from the alley west of N. 107th Street to Mayfair Road
(m) From N. 104th Street to N. 107th Street
(a) from N. 74th Street to N. 64th Street
(a) from one hundred ten feet east of Wauwatosa Avenue to Wauwatosa Avenue
(ggg) from Wauwatosa Avenue to N. 74th Street
Garfield Avenue - north side
(a) from N. 67th Street to one hundred forty-eight feet west thereof
(a) from N. 74th street to Wauwatosa Avenue
(m) from the alley west of N. 107th Street to N. Mayfair Road
(a) from N. 107th Street to the alley west of N. 107th Street
(ggg) from N. 74th Street to N. 72nd Street
Geralyne Circle
Geralyne Drive
Gilbert Avenue - south side
(a) from a location 20 feet east of the intersection with N. 119th Street to the western terminus
Gilbert Avenue - north side
(a) from a location 20 feet east of the intersection with N. 119th Street to the western terminus
(a) from 20 feet east of N. 119th Street to N. 118th Street, from April 1st to September 30th
(a) from N. 113th Street to N. 116th Street
Glencoe Circle - both sides
(aaa) from Blue Mound Road to Glencoe Place
Glencoe Place - both sides
Glendale Avenue - south side
(pp)(z) from N. 100th Street to a point 335 feet east thereof
(h) between N. 100th and N. 101st Streets
(pp) from N. 100th Street to a point 214 feet east of said N. 100th Street
(pp) from N. 100th Street to a point 236 feet east of N. 100th Street to a point 270 feet east of said N. 100th Street
(rr) from a point 270 feet east of N. 100th Street to a point 748 feet of said N. 100th Street
Glendale Avenue - north side
(a) from N. 100th Street to a point 113 feet east of said N. 100th Street
Glenview Avenue - east side
(u) from W. Blue Mound Road to W. Wisconsin Avenue
(k) from W. Blue Mound Road to W. Wisconsin Avenue
(o) from W. Wisconsin Avenue to St. Jude's Court
(a) from Currie Avenue to ten feet north thereof
(a) from thirty feet south of Portland Avenue to Portland Avenue
(gg) from the extended north curbline of W. Chestnut Street to one hundred fifty feet south of Harwood Avenue
(a) from one hundred fifty feet south of Harwood Avenue to Harwood Avenue
Glenview Avenue - west side
(c) from Hawthorne Avenue to a point four hundred forty-two feet north of Hill Street
(a) from four hundred forty-two feet north of Hill Street to three hundred forty-five feet south of Blue Mound Road
(c) from three hundred forty-five feet south of Blue Mound Road to Blue Mound Road
(n) from W. Blue Mound Road to W. Wisconsin Avenue
(a) from W. Wisconsin Avenue to one hundred fifty feet north thereof
(o) from one hundred fifty feet north of W. Wisconsin Avenue to four hundred sixty-four feet north thereof
(e) from one hundred twenty feet south of Currie Avenue to twenty feet north of Currie Avenue
(a) from Portland Avenue to one hundred feet north thereof
(c) from W. Blue Mound Road to W. Wisconsin Avenue
(n) from W. Chestnut Street to Harwood Avenue
(a) from W. Blue Mound Road to a point 135 feet south thereof
(c) from a point 135 feet south of W. Blue Mound Road to a point 210 feet south thereof
(a) from 345 feet south of West Blue Mound Road to a point 160 feet south thereof
(c) from 505 feet south of West Blue Mound Road to Hawthorne Avenue
Glenview Place - east side
(l) from Harwood Avenue to a point forty-five feet north of Harwood Avenue
(l) from one hundred twenty-five feet north of Harwood Avenue to a point one hundred sixty feet north thereof
Glenview Place - west side
(a) in the 1200 block
Glenway Court
Glenway Street
Grand Parkway
Grantosa Drive
Gridley Avenue - south side
(a) in the cul de sac at the western end of the block west of Robertson Avenue
(fff) from a point 62-feet west of Glenview Avenue to 161-feet west of Glenview Avenue
(a) From Kavanaugh Place to a point 56 feet west of said Kavanaugh Place
(pp) From a point 166 feet east of Kavanaugh Place to a point 426 feet west of said Kavanaugh Place
(a) From a point 426 feet west of Kavanaugh Place to a point 62-feet west of Glenview Avenue
(a) from 161-feet west of Glenview Avenue to 249-feet west of Glenview Avenue
(fff) from 249 feet west of Glenview Avenue to Robertson Street
Gridley Avenue - north side
(fff) from Robertson Street, west to the cul-de-sac
(y) Gridley Avenue - north side east of Glenview
for more than ten minutes between the hours of seven a.m. and ten a.m. except on Saturdays, Sundays and legal holidays
(a) from 179-feet west of Glenview Avenue to 248-feet west of Glenview Avenue
(ooo) from Glenview Avenue to 92-feet west thereof
(ooo) from 380-feet west of Glenview Avenue to 400-feet west of Glenview Avenue
Hadley Street
Harding Boulevard
North Harding Boulevard
Harley Davidson Avenue - north side
(a) from the Capitol Drive frontage road entrance to Harley Davidson Avenue at a point six hundred thirty feet west thereof
Harley Davidson Avenue - south side
(a) from the Capitol Drive frontage road to Harley Davidson Avenue to a point two hundred twenty feet west thereof
Harmonee Avenue - south side
(a) from Wauwatosa Avenue to Harwood Avenue
Harmonee Avenue - north side
(a) from Wauwatosa Avenue to Harwood Avenue Hart Park Lane - north side
(a) from N. 72nd Street to west limits of Hart Park Lane
Harvard Avenue
Harvey Avenue
(a) in the cul-de-sac west of North 69th Street
Harvey Avenue - north side
(a) from 30 feet west of N. 69th Street to the east side of N. 69th Street
Harwood Avenue - south side
(a) from Milwaukee Avenue to 80 feet west thereof
(m) from 80 feet west of Milwaukee Avenue to Mower Court
(a) from a point 95 feet west of the west curbline of Dewey Avenue to the east limits of Watertown Plank Road
(m) from Mower Court to a point 280 feet east of Wauwatosa Avenue
(f) from a point 280 feet east of Wauwatosa to Wauwatosa Avenue
(a) from the Chicago-Pacific Railroad to a point 100 feet west thereof
(m) from a point 100 feet west of the Chicago-Pacific Railroad to a point 95 feet west of Dewey Avenue
(vvv) from 100 feet west of the railroad to Dewey Avenue
(b) from Wauwatosa Avenue to a point 280 feet east
(g) in two 15-minute parking stalls on Harwood Avenue nearest to Wauwatosa Avenue
Harwood Avenue - north side
(a) from Lincoln Place to a point 15 feet west thereof
(m) from a point 15 feet west of Lincoln Place to a point 170 feet west of Lincoln Place
(a) from a point 170 feet west of Lincoln Place to a point 185 feet west of Lincoln Place
(h) from a point 185 feet west of Lincoln Place to a point 215 feet west of Lincoln Place
(a) from the railroad to 65 feet west thereof
(m) from 65 feet west of the railroad to Dewey Avenue (extended)
(vvv) in front of 7754 Harwood Avenue
(a) from Dewey Avenue (extended) to the east limits of Watertown Plank Road
North Harley Davidson Avenue
(jj) the east side thereof
Hawthorne Avenue - north side
(a) from No. 89 Street to a point 42 feet west thereof
Hennessey Avenue
Hibbard Avenue - south side
(a) from N. 107th Street to a point east of 10637 Hibbard Avenue
Hibbard Avenue - north side
(q) from N. 104th Street to Blue Mound Road
Highwood Avenue
Hill Street - both sides
(c) from Glenview Avenue to N. 85th Street
Hillcrest Drive - south side
(a) from 68th Street to Washington Circle
Hillcrest Drive - north side
(a) from Wauwatosa Avenue to Church Street
(h) from Church Street to Forest Street
(a) from 72nd Street to 74th Street
(m) from 74th Street to 150 feet west of 74th Street
(a) from 150 feet west of 74th Street to Wauwatosa Avenue
Hillside Avenue
Hillside Lane
(a) on south side of street
Homewood Avenue - east side
Homewood Avenue - west side
Honey Creek Parkway
(a) where posted in accordance with county ordinances
Hope Avenue
Innovation Drive - both sides
(a) all locations
Jackson Park Boulevard - south side
Jackson Park Boulevard - north side
Kavanaugh Place - east side
(a) from the drive of 1272 Kavanaugh Place to Harwood Avenue
(m) from a point 60 feet south of Harwood Avenue to a point 170 feet south thereof
(a) from the driveway at 1252 Kavanaugh Place to a point 25 feet south thereof
(a) from 148 feet north of Gridley Avenue to 166 feet north of Gridley Avenue
Kavanaugh Place - west side
(a) from Portland Avenue to Harwood Avenue
Keefe Avenue - north side
(a) from Menomonee River Parkway to city limits
Kenwood Avenue
Kenyon Avenue
Kinsman Street - both sides
(c) on the entire length of the street
Knoll Boulevard
Knoll Terrace
Laurel Court
Lefeber Avenue - east side
(c) from the south lot line of 2648 Lefeber Avenue to W. Center Street
(c) from W. Garfield Avenue to 155 feet south of W. North Avenue
(c) from W. North Avenue to the alley north of W. North Avenue
(c) from the alley north of W. North Avenue to Meinecke Avenue
Lefeber Avenue - west side
(a) from alley north of W. North Avenue to W. Meinecke Avenue
(a) from W. Clarke Street to W. Center Street
(c) from W. Garfield Avenue to W. North Avenue
(c) from W. North Avenue to the alley north of W. North Avenue
Lincoln Place - south side
(a) from Harwood Avenue to a point 162 feet northerly and westerly thereof
(a) from a point 194 feet west of Harwood Avenue to a point 259 feet west of Harwood Avenue
(a) from a point 459 feet west of Harwood Avenue to a point 563 feet west of Harwood Avenue
(c) from a point 162 feet west of Harwood Avenue to a point 194 feet west of Harwood Avenue
(c) from a point 259 feet west of Harwood Avenue to a point 459 feet west of Harwood Avenue
(c) adjacent to the property located at 1532 North Wauwatosa Avenue
Lincoln Place - north side
(a) from Harwood Avenue to Wauwatosa Avenue
Lisbon Avenue - south side
(a) from the east city limits (just west of N. 100th Street) to W. Capitol Drive
Livingston Street
Lloyd Street
(m) from N. 73rd Street to N. 74th Street
Lloyd Street - north side
Locust Street - south side
(a) from N. 112th Street to N. 114th Street
Locust Street - north side
(l) from N. 112th Street to 20 feet west thereof
Lombard Court - east side
(a) from 85 feet south of the alley to a point 65 feet south of the alley
(a) from the south line of the alley south of Vliet Street to a point 100 feet south thereof
(a) from 85 feet south of the alley, to a point 65 feet south of the alley
Ludington Avenue - east side
(a) from Jackson Park Boulevard to North Avenue
Ludington Avenue - west side
(a) from Jackson Park Boulevard to 84 feet north of Jackson Park Boulevard
(c) from 84 feet east of Jackson Park Boulevard to W. North Avenue
Maple Lane
Maple Terrace - south side
(a) from N. 70th Street to a point 23 feet east thereof
(a) from 287 feet and six inches east of N. 70th Street to N. 68th Street
(h) from 23 feet east of N. 70th Street to 104 feet east of N. 70th Street
(h) from 170 feet and six inches east of N. 70th Street to 287 feet and six inches east of N. 70th Street
(j) from N. 70th Street to N. 72nd Street
Maple Terrace - north side
(a) from N. 68th Street to 40 feet west thereof
(a) from N. 70th Street to the drive at 7030 W. Maple Terrace
(m) from the drive at 7030 W. Maple Terrace to N. 72nd Street
Marion Street - north side
(vv) from North 99th to North 100th Street
Marion Street - south side
(vv) from city limits east of North 100th Street to North 99th Street
West Martha Drive - south side
West Martha Drive - north side
(a) from N. 116th Street to the drive of 11622 Martha Drive
Martha Washington Drive - east side
(u) in the 1500 block
(a) from a point 25 feet north of the West Washington Boulevard underpass to a point 25 feet south thereof
Martha Washington Drive - west side
(a) from Milwaukee Avenue to 200 feet north thereof
(a) from a point 25 feet north of the West Washington Boulevard underpass to a point 25 feet south thereof
Martin Drive - north side
(l) in the 6100 block
(w) from N. 60th Street to Martha Washington Drive
Martin Drive - south side
(a) from the east driveway of 6005 Martin Drive to 112 feet west thereof
(c) from 265 feet east of N. 62nd Street to N. 62nd Street
(w) from N. 60th Street to the east drive of 6005 W. Martin Drive
Mary Ellen Place - south side
(hh) from the east property line of 7705 Mary Ellen Place to the west lot line of 7729 Mary Ellen Place
Mayfair Court
Mayfair Road - east side
(a) from the south city limits to W. Burleigh Street
(a) from W. York Place to W. Capitol Drive
(a) from 326 feet south of W. Congress Street to W. Congress Street
(n) from W. Keefe to W. York Place
(k) from W. Keefe to W. York Place
Mayfair Road - west side
(a) from West Blue Mound Road to North City Limits
Mayfair Road Frontage Road - east side
(a) from 120 feet south of W. Walnut Road to W. Walnut Road
Mayfair Road Frontage Road - west side
(a) from the drive at 1555 N. Mayfair Road to W. Walnut Road
(f) from 90 feet south of West Walnut Road to 375 feet south of West Walnut Road
Maywood Avenue
Maywood Court
McKinley Avenue
Meadow Court - both sides, including the cul-de-sac
(u) in the 12100 block
W. Meinecke Avenue - south side
(a) from N. 60th Street to N. 62nd Street
(a) from N. 111th Street to N. 113th Street
(ggg) from N. 72nd Street to N. 74th Street
W. Meinecke Avenue - north side
(u) from N. 74th Street to Wauwatosa Avenue
(n) from N. 89th Street to N. 90th Street
(a) from N. 74th Street to N. 60th Street
W. Meinecke Avenue - both sides
(c) Between N. 86th Street and N. 88th Street
Melrose Avenue - south side
(o) from N. 74th Street to Wauwatosa Avenue
Melrose Avenue - both sides
(m) from N. 74th Street to Wauwatosa Avenue
Melvina Avenue
Menomonee River Parkway - south side
(a) from Harwood Avenue to 35 feet west of Church Street
Menomonee River Parkway - north side
(a) from Harwood Avenue to Church Street
N. Menomonee River Parkway
Michigan Street
Michigan Street - south side
(ttt) for more than 1 hour between noon to 9 P.M.
Milwaukee Avenue - south side
(a) from N. 67th Street to 55 feet west thereof
(a) from N. 68th Street to 175 feet east thereof
(a) from N. 68th Street to 250 feet west thereof
(k) from 250 feet west of N. 68th Street to N. 69th Street
(n) from 250 feet west of N. 68th Street to N. 69th Street
(m) from N. 69th Street to Alice Street
(a) from Alice Street to Harwood Avenue
(m)(n) from Harwood Avenue to 28 feet east of N. 74th Street
(a) from 28 feet east of N. 74th Street to 50 feet west of N. 74th Street
(aa) from 50 feet west of N. 74th Street to 60 feet east of Wauwatosa Avenue
(a) from 60 feet east of Wauwatosa Avenue to Wauwatosa Avenue
(m) from Wauwatosa Avenue to Church Street
(n) from Wauwatosa Avenue to Underwood Avenue
(l) from Church Street to 75 feet west thereof
(m) from 75 feet west of Church Street to 500 feet west of Ridge Court
(a) from the west curb line of Lombard Court to a point 45 feet west of this curb line
Milwaukee Avenue - north side
(a) from Washington Circle to 165 feet west of N. 68th Street
(m) from 165 feet west of N. 68th Street to N. 73 Street
(p) from N. 73rd Street to 70 feet west of Wauwatosa Avenue
(l) from 70 feet west of Wauwatosa Avenue to Underwood Avenue
(m) from Underwood Avenue to 470 feet west of Ridge Court
Mountain Avenue - east side
Mountain Avenue - west side
(a) from 200 feet northeast of N. 68th Street to N. 68th Street
Mt. Vernon Avenue - south side
Mt. Vernon Avenue - north side
(a) from Mayfair Road to N. 110th Street
Mower Court - east side
(a) from Harwood Avenue to the end of Mower Court
Mower Court - west side
(c) from Harwood Avenue to the end of Mower Court
Nash Street
Nelson Place
Normandy Court
Normandy Lane
North Avenue - south side
(a) from N. 60th Street to 150 feet west thereof
(a) from N. 61st Street to a point 50 feet west
(a) from N. 68th Street to 184 feet west thereof
(a) from Lefeber Avenue west to eleven feet west of the east lot line of 7251 W. North Avenue
(a) from 200 feet east of Wauwatosa Avenue to the Civic Center driveway
(a) from 30 feet west of the drive of 8529 W. North Avenue to the drive of 8603 W. North Avenue
(a) from 60 feet east of Pasadena Boulevard to 60 feet west of Pasadena Boulevard
(e) from 60 feet west of Pasadena Boulevard to Ludington Avenue
(c) from 90 feet west of N. 115th Street to 20 feet east of N. 116th Street
(a) from 20 feet east of N. 116th Street to 90 feet west of N. 116th Street
(b) from 165 feet west of N. 122nd Street to N. 124th Street
(a) from the driveway at 6319 W. North Avenue to the driveway at 6325 W. North Avenue
(a) from North 118th Street to 60 feet west thereof
(c) from 8431 W. North Avenue to 8639 W. North Avenue
(a) from N. 119th Street to 96 feet west thereof
(gg) from 50 feet east of N. 80th Street to 50 feet west of N. 80th Street
(c) 28 feet east of the driveway for 8407 W. North Avenue and extending the existing 2-hour regulations from the west to the terminus of the No Parking Zone
(c) from 15 feet east of the driveway at 9125 West North Avenue and ending at Ludington Avenue
(c) from Wauwatosa Avenue to North 60th Street, except as otherwise specifically provided herein
(m) from a point of 35 feet east of the easterly crosswalk at N. 70th Street to N. 68th Street
(iii) 15 feet east of the easterly crosswalk at 70th Street for a distance of 20 feet east
(a) from N. Mayfair Road to N. 107th Street
(a) from 107 feet west of N. 106th Street to N. 106th Street
(a) from 73 feet west of the east curb line extended of N. 100th Street to 27 feet east of North 100th Street
(a) from 72 feet east of N. 100th Street to 83 feet west of N. 94th Street
(a) from 318 feet west of Swan Boulevard to Swan Boulevard
(c) except on Sundays and legal holidays, from N. 107th Street to 107 feet west of N. 106th Street
(c) from N. 106th Street to 102 feet west of N. 104th Street
(kkk) beginning at the western end of the bus stop at 8807 W. North Avenue and continuing to the alley west of that parcel
(a) from N. 107th Street to 90 feet west of N. 115th Street
(c) from 90 feet west of N. 116th Street to N. 117th Street
North Avenue - north side
(a) from 195 feet west of N. 60th Street to N. 61st Street
(a) from 200 feet east of Wauwatosa Avenue to 200 feet west of Wauwatosa Avenue
(a) from N. 85th Street to 30 feet west thereof
(e) from 30 feet west of N. 85th Street to 90 feet east of N. 85th Street
(nnn) from 90 feet west of N. 85th Street to 130 feet each of N. 86th Street
(e) from 130 feet west of N. 85th Street to 30 feet east of N. 86th Street
(a) from 30 feet east of N. 86th Street to N. 86th Street
(e) from the west side of the driveway immediately west of Pasadena Boulevard to N. 88th Street
(a) from N. 88th Street to 100 feet west thereof
(e) from 100 feet west of N. 88th Street to N. 89th Street
(a) from N. 89th Street to N. 90th Street
(t) from North 91st Street to Swan Boulevard
(a) from Swan Boulevard to a point 410 feet west thereof
(c) from 65 feet west of N. 116th Street to 45 feet east of N. 117th Street
(a) from 45 feet east of N. 117th Street to N. 117th Street
(a) from 50 feet east of N. 115th Street to 65 feet west on N. 116th Street
(p) from the east drive at 12210 W. North Avenue to N. 123rd Street
(a) from 151 feet west of N. 74th Street to 231 feet west of N. 74th Street
(h) from 200 feet west of Wauwatosa Avenue to the west driveway of Longfellow Jr. High
(k) from the west driveway of Security Savings and Loan to the west end of the median strip located in front of 9304 W. North Avenue
(k) from the Longfellow driveway west to the bus zone
(a) from a point 160 feet east of North 66th Street to a point 210 feet east of North 66th Street
(c) from North 84th Street to North 85th Street
(c) from N. 117th Street to a point 40 feet east of N. 118th Street
(a) from N. 118th Street to a point 40 feet east of N. 118th Street
(rr) from 50 feet west of Wauwatosa Avenue to a point 300 feet west thereof
(a) from the Longfellow Middle School driveway to the Milwaukee County bus stop west of the above-described driveway
(c) from Wauwatosa Avenue to North 60th Street, except as otherwise specifically provided.
(a) from the Longfellow Middle School driveway to the Milwaukee County bus stop west of the above-described driveway
(a) from 437 feet west of N. 102nd Street to 53 feet west of N. 114th Street
(a) from 374 feet west of N. 102nd Street to 250 feet west of N. 102nd Street
(a) from 184 feet west of N. 102nd Street to 201 feet east of N. 102nd Street
(a) from N. 101st Street to 112 feet east of N. 101st Street
(a) from 114 feet west of N. 100th Street to Swan Boulevard
Oakhill Avenue - north side
(a) from N. 74th Street to Wauwatosa Avenue
Oakhill Avenue - south side
Oxford Place
Palmetto Avenue
Park Drive - east side
(u) from Meadow Court to W. Locust Street
West Park Hill Avenue - north side
(a) between N. 110th Street and N. 113th Street
Park Ridge Avenue
Parkside Court
Parkside Drive
Park View Court - north side
(a) from Ludington Avenue to a point 57 feet west thereof
Park View Court - south side
(a) from Ludington Avenue to a point 50 feet west thereof
Pasadena Boulevard - both sides
(a) from W. North Avenue to the alley north thereof
(e) from the alley north of W. North Avenue to W. Wright Street
Perry Court
Plank Court - north side
(a) for a distance of 45 feet to the east of the driveway of Tosa Business Service Center
Plank Court - south side
(a) from North 113th Street to a point 180 feet east thereof
(a) from a point 590 feet east of North 113th Street to a point 700 feet east thereof
Pleasant Street
Pleasant View Street - east side
(b) from W. Blue Mound road to W. Wisconsin Avenue
Pleasant View Street - west side
(b) from W. Blue Mound Road to W. Wisconsin Avenue
Portland Avenue
(a) in the cul de sac at the western end of the block west of Portland Avenue
Portland Avenue - north side
(a) from Robertson Avenue to the County Grounds
(a) from a point 245 feet west of North 76th Street to a point 370 feet west thereof
(a) from Glenview Avenue to a point 107 feet east of said Glenview Avenue
(pp) from a point 107 feet east of Glenview Avenue to a point 147 feet east of said Glenview Avenue
(pp) from a point 187 feet east of Glenview Avenue to a point 272 feet east of said Glenview Avenue
(pp) from a point 312 feet east of Glenview Avenue to a point 552 feet east of said Glenview Avenue
(a) from a point 552 feet east of Glenview Avenue to Kavanaugh Place
(a) from 100 feet west of Glenview Avenue to 159-feet west of Glenview Avenue
(ooo) from Glenview Avenue to 100-feet west thereof
(ooo) fronting 8202 Portland Avenue
Portland Avenue - south side
(a) from 94 feet east of Glenview Avenue to 94 feet west of Glenview Avenue
(fff) from Robertson Street to the County Grounds
(a) from Kavanaugh Place to 94 feet east of Glenview Avenue from 7:00 a.m. to 9:00 a.m. and 2:00 p.m. to 4:30 p.m. on school days.
(uuu) from 114 feet west of Glenview Avenue to 159 feet west of Glenview Avenue
(fff) from 159 feet west of Glenview Avenue to Robertson Street
Potter Road - north side
(a) from the railroad west of Mayfair road to 130 feet west of N. 109th Street
(a) from N. Mayfair road to the first driveway west thereof
(h) from 50 feet east of N. 112th Street to 258 feet east of N. 112th Street
(h) from N. 112th Street to N. 113th Street
Potter Road - south side
(a) from Mayfair Road west to the railroad tracks
Powell Place - north side
(a) from N. 65th Street to 53 feet west thereof
Ravenswood Circle - both sides
(f) from 120 feet south of W. Blue Mound Road (opposite Robertson Street) to 300 feet south thereof
(aaa) from Blue Mound Road to Glencoe Place
Raymir Circle
Raymir Place
Red Arrow Court
Research Park Drive - both sides
(a) all locations
Revere Avenue - north side
(a) from N. 65th Street to N. 68th Street
Revere Avenue - south side
Richmond Court
Ridge Boulevard - south side
Ridge Boulevard - north side
(a) from Swan Boulevard to N. 93rd Street
Ridge Court - east side
Ridge Court - west side
(o) from the circle south of Milwaukee Avenue to Milwaukee Avenue
Ripley Avenue - north side
Ripley Avenue - south side
(a) from N. 120th Street to N. 121st Street
River Parkway - north side
(a) from 68th Street to 705 feet east of 68th Street
(lll) from 925 feet east of 68th Street to 1,240 feet east of 68th Street
(a) from 110 feet west of 63rd Street to 63rd Street
River Parkway - south side
(a) from 68th Street to 65 feet east of 68th Street
(lll) from 910 feet east of 68th Street to 1,225 feet east of 68th Street
(a) from 1,225 feet east of 86th Street to 63rd Street
Robertson Street - east side
(b) from W. Blue Mound Road to W. Wisconsin Avenue
(fff) from Wisconsin Avenue to Red Arrow Court
Robertson Street - west side
(a) from W. Blue Mound Road to W. Wisconsin Avenue
(fff) from Wisconsin Avenue to Red Arrow Court
Rockway Place
Rogers Street
Romona Avenue
Ruby Avenue
St. Anne Court - both sides
(t) for its entire length
St. Charles Street - both sides
(m) from 613 feet south of Milwaukee Avenue to Milwaukee Avenue
St. James Street - cul-de-sac
(a) from the drive of 6842 St. James Street extending 80 feet to a point directly opposite the drive of 6842 St. James Street
St. James Street - north side
(a) from N. 70th Street to a point opposite the east curb of N. 70th, south of St. James Street
(a) from N. 72nd Street to N. 74th Street
St. James Street - south side
(a) from N. 70th Street to a point opposite the west curb of N. 70th, north of St. James Street
(c) from N. 72nd Street to N. 74th Street
St. Jude Court - both sides
(o) for its entire length
St. Paul Avenue
Sarasota Place
West State Street - south side
(a) from the east city limit to 35 feet west thereof
(a) from 100 feet west of the city limit to 65 feet west thereof
(a) from N. 62nd Street to N. 63rd Street
(a) from 158 feet east of N. 68th Street to 200 feet west of N. 68th Street
(n) from N. 68th Street to N. 72nd Street
(a) from Underwood Avenue to a point just east of the Harwood Avenue Parking Mall
(c) from the Harwood Mall (extended) to the east line of Wauwatosa Avenue (extended)
(a) from Wauwatosa Avenue (extended) to a point 35 feet east thereof
(c) from 35 feet east of the east line of Wauwatosa Avenue (extended) to No. 72nd Street
(m) from 72nd Street to a point 35 feet east of the east line of Wauwatosa Avenue
West State Street - north side
(c) from N. 62nd Street to the east lot line of 6310 W. State Street
(a) from the east lot line of 6310 W. State Street to the driveway west thereof
(a) from 300 feet east of N. 68th Street to 234 feet west of N. 68th Street
(a) from Underwood Avenue to a point just east of the Harwood Avenue Parking Mall
(a) from 140 feet east of N. 72nd Street to N. 72nd Street
(f) from 60 feet east of N. 74th Street to N. 74th Street
(b) from N. 75th Street to Harwood Avenue
(a) from the hydrant east of 6332 W. State Street to the driveway of 6332 W. State Street
(a) from the west driveway at 6432 West State Street to 20 feet west thereof
(a) from a point 132 feet east of the east line of the State Street driveway of 6950 W. State Street (Pick-N-Save) to North 70th Street
(m) from N. 70th Street to 140 feet east of N. 72nd Street
(b) from N. 74th Street to 65 feet east of Wauwatosa Avenue
(a) from Wauwatosa Avenue to a point 65 feet east thereof
(a) from North 72nd Street to a point forty feet west thereof
(m) From a point 140 feet west of North 72nd Street to a point 275 feet east of North 74th Street
(a) from a point 275 feet east of N. 74th Street to a point 212 feet east of N. 74th Street
(a) at 6432 West State Street from a point 10 feet east of the fire hydrant to a point 35 feet west of this hydrant for a total length of 45 feet
(c) from N. 75th Street to Harwood Avenue
(ddd) from the front of the property at 7018 West State Street to the Corner of 70th street.
Stewart Avenue
Stickney Avenue - north side
Stickney Avenue - south side
(a) from Wauwatosa Avenue to Ludington Avenue
Sunset Avenue
Sunset Court
Swan Boulevard - east side
(n) from Jackson Park Boulevard to the alley (extended) south of W. North Avenue
(k) from Jackson Park Boulevard to the alley (extended) south of W. North Avenue
(a) from the alley (extended) south of W. North Avenue to W. North Avenue
(n) from the alley north of W. North Avenue to Beverly Place
(k) from the alley north of W. North Avenue to Beverly Place
(a) from Clarke Street to 175 feet north thereof
(a) from Watertown Plank Road to Menomonee River Parkway
(ccc) in the angled parking spaces between West North Avenue and the alley immediately north thereof
(h) from 175 feet north of Clarke to the North City Limit
Swan Boulevard - west side
(k) from Jackson Park Boulevard to W. North Avenue
(k) from the alley north of W. North Avenue to Beverly Place
(n) from Jackson Park Boulevard to W. North Avenue
(n) from the alley north of W. North Avenue to Beverly Place
(a) from W. North Avenue to the alley north thereof
(a) from 4 feet south of the driveway at 2621 Swan Boulevard to the north lot line of 2639 Swan Boulevard
(a) from Watertown Plank Road to Menomonee River Parkway
Terrace Court - north side
(o) from N. 68th Street to N. 70th Street
Townsend Avenue
Two Tree Lane
Underwood Avenue - east side
(a) from Milwaukee Avenue to Hillcrest Drive
(m) from Harmonee Avenue to a point 175 feet north thereof
(a) from a point 175 feet north of Harmonee Avenue to a point 320 feet north of Harmonee Avenue
(m) from a point 320 feet north of Harmonee Avenue to Milwaukee Avenue
Underwood Avenue - west side
(a) from the intersection with Harmonee Avenue to a point 45 feet thereof
(m) from a point 45 feet North of Harmonee Avenue to a point 143 feet north of Harmonee Avenue and also from a point 376 feet North of Harmonee Avenue to the intersection with Milwaukee Avenue
(g) from a point 188 feet North of Harmonee Avenue to a point 376 feet north of Harmonee Avenue
(g) in two 15-minute parking stalls on the south end of Underwood Avenue at State Street adjacent to the existing handicap stalls
(t) from Milwaukee Avenue to Warren Avenue
(h) from Warren Avenue to 1817 Underwood Avenue
(m) from 1817 Underwood Avenue to Hillcrest Drive
(h) from Hillcrest Drive to Woodland Avenue
Underwood Court
Underwood Court - north side
Underwood Court - south side
(qq) from 113th Street to the west dead-end
Underwood Parkway - east side
(a) from W. Blue Mound Road to 80 feet north thereof
Underwood Parkway - west side
Upper Parkway - north
Upper Parkway - south
Vienna Avenue
Vista Avenue - north side
(a) from 60 feet east of N. 68th Street to N. 68th Street
Vista Avenue - south side
(l) from N. 67th Street to N. 68th Street
Vliet Street - north side
(a) from N. 60th Street to 65 feet west thereof
(t) from 65 feet west of N. 60th Street to 244 feet west thereof
(a) from 309 feet west of N. 60th Street to the alley west thereof
(t) from the alley west of N. 60th Street to Martha Washington Drive
Vliet Street - south side
(b) from 150 feet west of N. 60th Street to Lombard Court
W. Blue Mound Road - south side
(d) offstreet parking area, from a point 320 feet east of North 110th Street to 430 feet east thereof
Walnut Road - north side
(a) from the department of public works site to the west edge of the police department drive
(a) from Highway 100 to the Northwestern Railroad crossing
Walnut Road - south side
(a) from Highway 100 to the Northwestern Railroad crossing
Warren Avenue - north side
(a) from Wauwatosa Avenue to 50 feet west thereof
(m) from Church Street to N. 81st Street
(rr) between Wauwatosa and Underwood Avenues
Warren Avenue - south side
(a) from Wauwatosa Avenue to Church Street
(m) from Church Street to N. 81st Street
Washington Boulevard - north side
(a) from 155 feet east of the west intersection with Washington Circle to Washington Circle
Washington Boulevard - south side
(c) from N. 60th Street to Washington Circle
(a) from 103 feet east of the west intersection with Washington Circle to Washington Circle
Washington Circle
Watertown Plank Road - north side
(a) from 335 feet west of Mayfair Road to N. 116th Street
(a) from the east limits of Watertown Plank Road to N. Mayfair Road
Watertown Plank Road - south side
(a) from the west driveway of 10833 Watertown Plank Road to the east driveway of 11315 Watertown Plank Road
(a) from 90 feet east of the west driveway of 11315 Watertown Plank Road to said west drive
(a) from the east driveway of 12217 Watertown Plank Road to 85 feet west thereof
(a) from the west driveway of 12217 Watertown Plank Road to 85 feet west thereof
(a) from North 115th Street to North 116th Street
(k) from 113th Street to 115th Street
(i) from 113th Street to 115th Street no parking from 6:30 a.m. to 9:00 a.m. except Saturdays, Sundays and holidays
(gg) from N. 124th Street east to the Hawk's Nursery property
(a) from west of the driveway at 12017 Watertown Plank Road to a point 30 feet west thereof
(a) from the east limits of Watertown Plank Road to N. Mayfair Road
Watson Avenue - north side
(a) from the dead-end barrier to 7442 Watson Avenue
(c) from the dead-end barrier to Wauwatosa Avenue
Watson Avenue - south side
(c) from the dead-end barrier to Wauwatosa Avenue
(a) from one hundred seven feet east of Pleasant View Street to Pleasant View Street
Wauwatosa Avenue - east side
(a) from State Street Meinecke Avenue (ww) from 185 feet south of W. Clarke Street to a point 120 feet south thereof
(a) from W. Clarke Street to a point 185 feet south thereof
(b) from W. Clarke Street to a point 230 feet north thereof
(a) from 230 feet north of W. Clarke Street to W. Center Street
(a) from Wright Street to a point 150-feet north thereof
Wauwatosa Avenue - west side
(a) from W. State Street to the driveway at the rear of 7509 Harwood Avenue
(a) from Eagle Street to the north city limit
(a) from the driveway at the rear of 7509 Harwood Avenue to W. Meinecke Avenue
(a) from Wright Street to a point 150-feet north thereof
Wellauer Drive
Wellauer Drive - south side
(a) between N. 76th Street and N. 77th Street
Wells Street - north side
(c) from N. 67th Street to one hundred fifteen feet west of N. 68th Street
(a) from one hundred fifteen feet west of N. 68th Street to two hundred thirty-five feet west of N. 68th Street
(k) from two hundred thirty-five feet west of N. 68th Street to N. 70th Street
Wells Street - south side
(c) from N. 65th Street to one hundred sixty feet west of N. 68th Street
(l) from one hundred sixty feet west of N. 68th Street to N. 70th Street
Wilson Boulevard
Windsor Court - east side
(b) from W. Wisconsin Avenue to the north lot line of 840 Windsor Court
Windsor Court - west side
(a) from W. Wisconsin Avenue to and including the cul-de-sac located in the 800 block
Wirth Street - south side
(a) from seventy feet east of the drive at 12301 W. Wirth Street to seventy feet west of the drive
(jj) from the east terminus of Wirth Street to a point five hundred feet west thereof
Wisconsin Avenue - north side
(l) from No. 109th Street to the east lot line of 10914 W. Wisconsin Avenue
(a) from one hundred seven feet east of Pleasant View Street to Pleasant View Street
(b) from Robertson Street to Windsor Court
(a) from Windsor Court to fifty feet west of Windsor Court
(b) from fifty feet west of Windsor Court to one hundred seven feet east of Pleasant View Street
(b) from Pleasant View Street to the entrance of the county hospital
(a) from the entrance to Milwaukee County General Hospital to ninety feet west thereof
(gg)(hh) from Pleasant View Street (Ext.) to the city limits west of Pleasant View Street
(gg) from N. 67th Street to N. 68th Street
(a) from seventy-five feet east of 103rd Street to fifty feet west of North 103rd Street
(a) within 25 feet of the crosswalk at North 101st Street
(a) from Robertson Street to a point one-hundred and ninety feet east of Glenview Avenue
(a) from 68th Street to a point two-hundred and eighty feet east thereof
Wisconsin Avenue - south side
(a) from Pleasant View Avenue to eighty feet west thereof
(a) from 98th Street to a point eighty-five feet west thereof
(a) from 99th Street to a point one hundred feet west thereof
(b) from Robertson Street to Pleasant View Avenue
(c) from eighty feet west of Pleasant View Avenue to 8655 W. Wisconsin Avenue
(gg)(hh) from a point eighty feet west of Pleasant View Street to the city limits west of Pleasant View Street
(gg) from N. 67th Street to N. 68th Street
(a) between N. 108th and N. 109th Streets
(a) along the frontage of 8639 W. Wisconsin Avenue
(a) from the rear driveway entrance to 1000 West Blue Mound Road to 50 feet west of the driveway into the parking garage for St. Camillus
(a) within 25 feet of the crosswalk at North 101st Street
(a) from 68th Street to Glenview Avenue
(a) from Glenview Avenue to a point one-hundred and fifty feet west thereof
(a) from 68th Street to a point two-hundred and eighty feet east thereof
Woodland Avenue - north side
(a) from Wauwatosa Avenue to Underwood Avenue
Woodland Avenue - south side
Woodward Avenue
(i) for more than two hours between seven a.m. and five p.m. except Saturdays, Sundays and legal holidays from Melvina Avenue to Capitol Drive
Wright Street - north side
(a) from N. 74th Street to Wauwatosa Avenue
Wright Street - south side
(o) from N. 74th Street to Wauwatosa Avenue
Yale Court
Yale Place
York Place
1 Note(s)—This subsection shall take effect upon completion and opening of the intersection of 117th and Center Streets as part of the 2024 Center Street pavement project.
(Prior code § 11.06(8); Ord. 72-45 § 1, 1972; Ord. 73-1 §§ l, 2, 1973; Ord. 73-2 § 1, 1973; Ord. 73-3 §§ l, 2, 1973; Ord. 73-4 § 1, 1973; Ord. 73-5 § 1, 1973; Ord. 73-6 § 1, 1973; Ord. 73-7 § 1, 1973; Ord. 73-8 § 1, 1973; Ord, 73-15 § 1, 1973; Ord. 73-19 § 1, 1973; Ord. 73-20 § 1, 1973; Ord. 73-21 § 1 1973; Ord. 73-37 § 1, 1973; Ord. 73-38 § 1, 1973; Ord. 73-39 § 1, 1973; Ord. 73-40 § 1, 1973; Ord. 73-42 § 1, 1973; Ord. 73-48 § 1, 1973; Ord. 73-49 § 1, 1973; Ord. 73-50 § 1, 1973; Ord. 73-51 § 1, 1973; Ord. 73-52 § 1, 1973; Ord. 73-53 § 1, 1973; Ord. 73-54 § 1, 1973; Ord. 73-55 § 1, 1973; Ord. 73-56 § 1, 1973; Ord. 73-57 § 1, 1973; Ord. 73-58 § 1, 1973; Ord. 73-59 § 1, 1973; Ord. 73-60 § 1, 1973; Ord. 73-75 §§ 1, 2, 1973; Ord. 73-82 §§ 1, 2, 1973; Ord. 73-107 § 1, 1973; Ord. 73-108 § 1, 1973; Ord. 73-114 § 1, 1973; Ord. 73-131 § 1, 1973; Ord. 73-132 §§ 1, 2, 1973; Ord. 73-133 § 1, 1973; Ord. 73-134 § 1, 1973; Ord. 73-139 § 1, 1973; Ord. 74-142 § 1, 1973; Ord. 73-143 § 1, 1973; Ord. 73-144 § 1, 1973; Ord. 73-145 § 2, 1973; Ord. 73-150 § 1, 1973; Ord. 73-162 § 1, 1973; Ord. 73-163 § 1, 1973; Ord. 73-164 § 1, 1973; Ord. 73-165 § 1, 1973; Ord. 74-3 § 1, 1974; Ord. 74-9 § 1, 1974; Ord. 74-10 § 1, 1974; Ord. 74-13 § 1, 1974; Ord. 74-14 § 1, 1974; Ord. 74-15 § 1, 1974; Ord. 74-21 § 1, 1974; Ord. 74-26 § 1, 1974; Ord. 74-29 § 1, 1974; Ord. 74-30 § 1, 1974; Ord. 74-31 § 1, 1974; Ord. O-74-36 § 1, 1974; Ord. O-74-37 § 1, 1974; Ord. O-74-38 § 1, 1974; Ord. O-74-39 § 1, 1974; Ord. O-74-40 § 1, 1974; Ord. O-74-48 § 1, 1974; Ord. O-74-58 § 1, 1974; Ord. O-74-66 § 1, 1974; Ord. O-74-75 § 1, 1974; Ord. O-74-77 § 1, 1974; Ord. O-74-82 § 1, 1974; Ord. O-74-83 § 1, 1974; Ord. O-74-104 § 1, 1974; Ord. O-74-105 § 1, 1974; Ord. O-74-106 § 1, 1974; Ord. O-74-107 § 1, 1974; Ord. O-74-115 § 1, 1974; Ord. O-74-118 § 1, 1974; Ord. O-74-130 § 1, 1974; Ord. O-74-131 § 1, 1974; Ord. O-74-132 § 1, 1974; Ord. O-74-134 § 1, 1974; Ord. O-74-135 § 19, 1974; Ord. O-74-142 §§ 1, 2, 1974; Ord. O-74-143 § 1, 1974; Ord. O-74-149 § 1, 1974; Ord. O-75-5 § 1, 1975; Ord. O-75-6 § 1, 1975; Ord. O-75-13 § 1, 1975; Ord. O-75-14 § 1, 1975; Ord. O-75-16 § 1, 1975; Ord. O-75-17 § 1, 1975; Ord. O-75-18 § 1, 1975; Ord. O-75-19 § 1, 1975; Ord. O-75-20 § 1, 1975; Ord. O-75-21 § 1, 1975; Ord. O-75-39 § 1, 1975; Ord. O-75-41 § 1, 1975; Ord. O-75-42 § 1, 1975; Ord. O-75-59 § 1, 1975; Ord. O-75-60 §§ 1, 2, 1975; Ord. O-75-62 § 1, 1975; Ord. O-75-63 § 1, 1975; Ord. O-75-64 § 1, 1975; Ord. O-75-65 § 1, 1975; Ord. O-75-67 § 1, 1975; Ord. O-75-68 § 1, 1975; Ord. O-75-82 § 1, 1975; Ord. O-75-88 § 1, 1975; Ord. O-75-89 § 1, 1975; Ord. O-75-90 §§ 1, 2 1975; Ord. O-75-91 §§ 1, 2, 1975; Ord. O-75-92 § 1, 1975; Ord. O-75-93 § 1, 1975; Ord. O-75-93 §§ 1, 2, 1975; Ord. O-75-94 § 1, 1975; Ord. O-75-95 § 1, 1975; Ord. O-75-96 §§ 1, 2, 1975; Ord. O-75-97 §§ 1, 2, 1975; Ord. O-75-99 §§ 1, 2, 1975; Ord. O-75-100 § 1, 1975; Ord. O-75-101 § 1, 1975; Ord. O-75-102 § 1, 1975; Ord. O-75-103 §§ 1, 2, 1975; Ord. O-75-104 § 1, 1975; Ord. O-75-107 §§ 1, 2, 1975; Ord. O-75-109 §§ 1, 2, 1975; Ord. O-75-113 §§ 1, 2, 1975; Ord. O-75-114 § 1, 1975; Ord. O-75 115 § 1, 1975; Ord. O-75-116 § 1, 1975; Ord. O-75-117 § 1, 1975; Ord. O-75-118 § 1, 1975; Ord. O-75-119 § 1, 1975; Ord. O-75-120 § 1, 1975; Ord. O-75-121 § 1, 1975; Ord. O-75-122 § 1, 1975; Ord. O-75-123 § 1, 1975; Ord. O-75-124 § 1, 1975; Ord. O-75-140 § 1, 1975; Ord. O-75-152 § 1, 1975; Ord. O-75-153 § 1, 1975; Ord. O-75-165 § 1, 1975; Ord. O-75-166 § 1, 1975; Ord. O-75-167 § 1, 1975; Ord. O-75-185 § 1, 1975; Ord. O-76-2 §§ 1, 2, 1976; Ord. O-76-3 §§ 1, 2, 1976; Ord. O-76-11 § 1, 1976; Ord. O-76-12 § 1, 1976; Ord. O-76-13 § 1, 1976; Ord. O-76-14 § 1, 1976; Ord. O-76-51 § 1, 1976; Ord. O-76-52 § 1, 1976; Ord. O-76-57 § 1, 1976; Ord. O-76-59 § 1, 1976; Ord. O-76-61 § 1, 1976; Ord. O-76-67 § 1, 1976; Ord. O-76-70 § 1, 1976; Ord. O-76-71 § 1, 1976; Ord. O-76-72 § 1, 1976; Ord. O-76-73 § 1, 1976; Ord. O-76-74 § 1, 1976; Ord. O-76-75 § 1, 1976; Ord. O-76-77 § 1, 1976; Ord. O-76-84 § 1, 1976; Ord. O-76-86 § 1, 1976; Ord. O-76-94 § 1, 1976; Ord. O-76-95 § 1, 1976; Ord. O-76-99 § 1, 1976; Ord. O-76-127 § 1, 1976; Ord. O-76-128 § 1, 1976; Ord. O-76-129 § 1, 1976; Ord. O-76-130 § 1, 1976; Ord. O-76-131 § 1, 1976; Ord. O-76-132 § 1, 1976; Ord. O-76-136 § 1, 1976; Ord. O-76-137 § 1, 1976; Ord. O-76-140 § 1, 1976; Ord. O-76-141 § 1, 1976; Ord. O-76-142 §§ 1, 2, 1976; Ord. O-76-143 § 1, 2, 3, 1976; Ord. O-76-152 § 1, 1976; Ord. O-76-153 § 1, 1976; Ord. O-77-1 § 1, 1977; Ord. O-77-2 §§ 1, 2, 1977; Ord. O-77-9 §§ 2, 3, 1977; Ord. O-77-10 § 1, 1977; Ord. O-77-12 § 1, 1977; Ord. O-77-19 § 1, 1977; Ord. O-77-24 § 1, 1977; Ord. O-77-25 § 1, 1977; Ord. O-77-31 § 1, 1977; Ord. O-77-32 §§ 1, 2, 1977; Ord. O-77-33 § 1, 1977; Ord. O-77-34 § 1, 1977; Ord. O-77-42 § 1, 1977; Ord. O-77-44 § 1, 1977; Ord. O-77-60 § 1, 1977; Ord. O-77-71 § 1, 1977; Ord. O-77-82 § 1, 1977; Ord. O-77-83 § 1, 1977; Ord. O-77-84 § 1, 1977; Ord. O-77-85 § 1, 1977; Ord. O-77-90 § 1, 1977; Ord. O-77-100 § 1, 1977; Ord. O-77-113 § 1, 1977; Ord. O-77-114 § 1, 1977; Ord. O-77-117 § 1, 1977; Ord. O-77-118 § 1, 1977; Ord. O-77-119 § 1, 1977; Ord. O-77-120 § 1, 1977; Ord. O-77-122 § 1, 1977; Ord. O-77-134 § 1, 1977; Ord. O-77-150 §§ 1, 2, 1977; Ord. O-77-151 § 1, 1977; Ord. O-77-152 § 1, 1977; Ord. O-77-157 §§ 1, 2, 1977; Ord. O-77-160 § 1, 1977; Ord. O-77-167 § 1, 1977; Ord. O-77-169 § 1, 1977; Ord. O-77-170 §§ 1, 2, 1977; Ord. O-77-177 § 1, 1977; Ord. O-77-178 § 1, 1977; Ord. O-78-2 §§ l, 2, 1978; Ord. O-78-3 § 1, 1978; Ord. O-78-4 § 1, 1978; Ord. O-78-12 § 1, 1978; Ord. O-78-13 § 1, 1978; Ord. O-78-14 § 1, 1978; Ord. O-78-19 §§ l, 2, 1978; Ord. O-78-20 §§ l, 2, 1978; Ord. O-78-21 § 1, 1978; Ord. O-78-26 § 1, 1978; Ord. O-78-35 §§ l, 2, 1978; Ord. O-78-42 §§ l, 2, 3, 4, 1978; Ord. O-78-55 § 1, 1978; Ord. O-78-57 § 1, 1978; Ord. O-78-63 § 1, 1978; Ord. O-78-71 § 1, 1978; Ord. O-78-72 § 1, 1978; Ord. O-78-73 § 1, 1978; Ord. O-78-81 § 1, 1978; Ord. O-78-82 § 1, 1978; Ord. O-78-83 § 1, 1978; Ord. O-78-100 § 1, 1978; Ord. O-78-101 § 1, 1978; Ord. O-78-102 § 1, 1978; Ord. O-78-106 § 1, 1978; Ord. O-78-112 § 1, 1978; Ord. O-78-113 § 1, 1978; Ord. O-78-114 § 1, 1978; Ord. O-78-127 § 1, 1978; Ord. O-78-128 § 1, 1978; Ord. O-78-129 § 1, 1978; Ord. O-73-131 § 1, 1978; Ord. O-78-132 §§ 1, 2, 1978; Ord. O-78-144 §§ l, 2, 1978; Ord. O-78-145 §§ 1, 2, 1978; Ord. O-78-150 § 1, 1978; Ord. O-78-156 §§ 1, 2, 1978; Ord. O-79-4 § 1, 1979; Ord. O-79-5 §§ 1, 2, 1979; Ord. O-79-6 § 1, 1979; Ord. O-79-11 § 1, 1979; Ord. O-79-12 §§ 1, 2, 1979; Ord. O-79-18 §§ 1, 2, 3, 4, 5, 6, 1979; Ord. O-79-20 § 1, 1979; Ord. O-79-21 §§ 1, 2, 3, 1979; Ord. O-79-26 § 1, 1979; Ord. O-79-30 §§ 1, 2, 1979; Ord. O-79-31 § 1, 1979; Ord. O-79-31 §§ 1, 2, 1979; Ord. O-79-34 § 1, 1979; Ord. O-79-35 §§ 1, 2, 1979; Ord. O-79-36 § 1, 1979; Ord. O-79-50 § 1, 1979; Ord. O-79-56 § 1, 1979; Ord. O-79-61 § 1, 1979; Ord. O-79-66 § 1, 1979; Ord. O-79-67 § 1, 1979; Ord. O-79-68 § 1, 1979; Ord. O-79-78 § 1, 1979; Ord. O-79-81 §§ 1, 2, 1979; Ord. O-79-82 § 1, 1979; Ord. O-79-83 § 1, 1979; Ord. O-79-84 § 1, 1979; Ord. O-79-85 § 1, 1979; Ord. O-79-86 §§ 1—3, 1979; Ord. O-79-87 § 1, 1979; Ord. O-79-90 §§ 1, 2, 1979; Ord. O-79-92 § 1, 1979; Ord. O-79-98 §§ 1, 2, 1979; Ord. O-79-100 §§ 1—4, 1979; Ord. O-79-125 § 1, 1979; Ord. O-79-126 § 1, 1979; Ord. O-79-129 §§ 1, 2, 1979; Ord. O-80-2 § 1, 1980; Ord. O-80-5 §§ 1, 2, 1980; Ord. O-80-6 §§ 1, 2, 1980; Ord. O-80-10 § 1, 1980; Ord. O-80-14 § 1, 1980; Ord. O-80-15 § 1, 1980; Ord. O-80-17 § 1, 1980; Ord. O-80-24 §§ 1, 2, 1980; Ord. O-80-25 § 1, 1980; Ord. O-80-33 § 1, 1980; Ord. O-80-38 § 1, 1980; Ord. O-80-39 § 1, 1980; Ord. O-80-44 §§ 1, 2, 1980; Ord. O-80-46 §§ 1—5, 1980; Ord. O-80-53 §§ 1, 2, 3, 1980; Ord. O-80-54 § 1, 1980; Ord. O-80-78 § 1, 1980; Ord. O-80-84 § 1, 1980; Ord. O-80-91 § 1, 1980; Ord. O-80-93 § 1, 1980; Ord. O-80-98 §§ 1—4, 1980; Ord. O-80-99 § 1, 1980; Ord. O-80-103 § 1, 1980; Ord. O-81-1 § 1, 1981; Ord. O-81-4 § 1, 1981; Ord. O-81-5 § 1, 1981; Ord. O-81-8 § 1, 1981; Ord. O-81-11 § 1, 1981; Ord. O-81-12 §§ 1, 2, 1981; Ord. O-81-17 §§ 1, 2, 1981; Ord. O-81-24 §§ 1, 2, 1981; Ord. O-81-47 §§ 1, 2, 1981; Ord. O-81-48 § 1, 1981; Ord. O-81-49 § 1, 1981; Ord. O-81-64 §§ 1, 2, 1981; Ord. O-81-67 § 1, 1981; Ord. O-81-78 §§ 1, 2, 1981; Ord. O-81-86 § 1, 1981; Ord. O-81-87 § 1, 1981; Ord. O-81-88 § 1, 1981; Ord. O-81-90 §§ 1, 2, 1981; Ord. O-81-98 §§ 1—4, 1981; Ord. O-81-99 § 1, 1981; Ord. O-81-103 § 1, 1981; Ord. O-82-1 § 1, 1982; Ord. O-82-6 § 1, 1982; Ord. O-82-7 §§ 1—3, 1982; Ord. O-82-9 § 1, 1982; Ord. O-82-10 § 1, 1982; Ord. O-82-11 § 1, 1982; Ord. O-82-17 §§ 1—3, 1982; Ord. O-82-18 §§ 1, 2, 1982; Ord. O-82-21 § 1, 1982; Ord. O-82-43 § 1, 1982; Ord. O-82-44 § 1, 1982; Ord. O-82-48 §§ 1, 2, 1982; Ord. O-82-50 § 1, 1982; Ord. O-82-51 § 1, 1982; Ord. O-82-64 §§ 1, 2 and 3, 1982; Ord. O-82-70 § 1, 1982; Ord. O-83-2 § 1, 1983; Ord. O-83-3 § 1, 1983; Ord. O-83-16 § 1, 1983; Ord. O-83-20 § 1, 1983; Ord. O-83-21 § 1, 1983; Ord. O-83-32 § 1, 1983; Ord. O-83-33 § 1, 1983; Ord. O-83-34 § 1, 1983; Ord. O-83-38 §§ 1, 2, 1983; Ord. O-83-39 § 1, 1983; Ord. O-83-50 § 1, 1983; Ord. O-83-63 §§ 1, 2, 1983; Ord. O-83-72 § 1, 1983; Ord. O-83-74 § 1, 1983; Ord. O-83-75 § 1, 1983; Ord. O-83-76 § 1, 1983; Ord. O-83-77 § 1, 1983; Ord. O-83-79 §§ 1—4, 1983; Ord. O-83-86 § 1, 1983; Ord. O-83-91 § 1, 1983; Ord. O-84-4 § 1, 1984; Ord. O-84-5 §§ 1, 2, 3, 4, 1984; Ord. O-84-6 § 1, 1984; Ord. O-84-8 § 1, 1984; Ord. O-84-14 § 1, 1984; Ord. O-84-15 § 1, 1984; Ord. O-84-17 § 1, 1984; Ord. O-84-18 § 1, 1984; Ord. O-84-19 §§ 1, 2, 3, 1984; Ord. O-84-23 § 1, 1984; Ord. O-84-31 §§ 1, 2, 1984; Ord. O-84-33 § 1, 1984; Ord. O-84-46 §§ 1-4, 1984; Ord. O-84-48 §§ 1, 2, 1984; Ord. O-84-49 §§ 1, 2, 1984; Ord. O-84-50 § 1, 1984; Ord. O-84-53 § 1, 1984; Ord. O-84-57 § 1, 1984; Ord. O-84-58 § 1, 1984; Ord. O-84-61 §§ 1, 2, 1984; Ord. O-84-70 § 1, 1984; Ord. O-84-89 § 1, 1984; Ord. O-85-1 § 1, 1985; Ord. O-85-2 § 1, 1985; Ord. O-85-9 § 1, 1985; Ord. O-85-10 § 1, 1985; Ord. O-85-13 § 1, 1985; Ord. O-85-16 § 1, 1985; Ord. O-85-17 § 1, 1985; Ord. O-85-18 §§ 1, 2, 1985; Ord. O-85-19 § 1, 1985; Ord. O-85-41 §§ 1, 2, 1985; Ord. O-85-50 §§ 1, 2, 1985; Ord. O-85-54 § 1, 1985; Ord. O-85-55 § 1, 1985; Ord. O-85-60 § 1, 1985; Ord. O-85-65 § 1, 1985; Ord. O-85-66 § 1, 1985; Ord. O-85-78 § 1, 1985; Ord. O-85-79 § 1, 1985; Ord. O-85-81 § 1, 1985; Ord. O-86-1 § 1, 1986; Ord. O-86-5 §§ 1, 2, 1986; Ord. O-86-7 § 1, 1986; Ord. O-86-17 § 1, 1986; Ord. O-86-19 §§ 1, 2, 1986; Ord. O-86-30 § 1, 1986; Ord. O-86-33 §§ 1—4, 1986; Ord. O-86-38 § 1, 1986; Ord. O-86-39 § 1, 1986; Ord. O-86-40 § 1, 1986; Ord. O-86-41 § 1, 1986; Ord. O-86-45 § 1, 1986; Ord. O-86-46 § 1, 1986; Ord. O-86-50 §§ 1, 2, 1986; Ord. O-87-4 § 1, 1987; Ord. O-87-8 § 1, 1987; Ord. O-87-9 §§ 1, 2, 1987; Ord. O-87-16 §§ 1, 2, 1987; Ord. O-87-21 § 1, 1987; Ord. O-87-22 § 1, 1987; Ord. O-87-23 § 1, 1987; Ord. O-87-24 § 1, 1987; Ord. O-87-30 § 1, 1987; Ord. O-87-32 § 1, 1987; Ord. O-87-34 § 1, 1987; Ord. O-87-36 § 1, 1987; Ord. O-87-37 § 2, 1987; Ord. O-87-43 § 1, 1987; Ord. O-87-44 § 1, 1987; Ord. O-87-46 § 1, 1987; Ord. O-87-47 § 1, 1987; Ord. O-87-49 § 1, 1987; Ord. O-87-50 §§ 1, 2, 1987; Ord. O-87-59 § 1, 1987; Ord. O-88-1 § 1, 1988; Ord. O-88-5 § 1, 1988; Ord. O-88-10 §§ 1, 2, 1988; Ord. O-88-20 § 1, 1988; Ord. O-88-21 § 1, 1988; Ord. O-88-22 § 1, 1988; Ord. O-88-23 §§ 1, 2, 3, 1988; Ord. O-88-36 § 1, 1988; Ord. O-88-45 §§ 1, 2, 1988; Ord. O-88-55 §§ 1, 2, 1988; Ord. O-88-60 §§ 1, 2, 1988; Ord. O-88-62 § 1, 1988; Ord. O-89-1 §§ 1, 2, 3, 4, 1989; Ord. O-89-4 § 1, 1989; Ord. O-89-18 § 1, 1989; Ord. O-89-19 § 1, 1989; Ord. O-89-20 § 1, 1989; Ord. O-89-21 § 1, 1989; Ord. O-89-22 §§ 1—3, 1989; Ord. O-89-28 § 1, 1989; Ord. O-89-31 § 1, 1989; Ord. O-89-32 §§ 1, 2, 1989; Ord. O-89-42 §§ 1, 2, 1989; Ord. O-89-46 §§ 1, 2, 1989; Ord. O-89-47 § 1, 1989; Ord. O-90-14 § 1, 1990; Ord. O-90-21 § 1, 1990; Ord. O-90-22 § 1, 1990; Ord. O-90-28 § 1, 1990; Ord. O-90-32 § 1, 1990; Ord. O-90-41 §§ 1, 2, 1990; Ord. O-91-1 § 1, 1991; Ord. O-91-2 §§ 1—3, 1991; Ord. O-91-3 § 1, 1991; Ord. O-91-5 §§ 1, 2, 1991; Ord. O-91-6 § 1, 1991; Ord. O-91-7 §§ 1, 2, 1991; Ord. O-91-11 §§ 1—4, 1991; Ord. O-91-16 §§ 1—3, 1991; Ord. O-91-17 § 1, 1991; Ord. O-91-18 § 1, 1991; Ord. O-91-19 § 1, 1991; Ord. O-91-30 § 1, 1991; Ord. O-91-31 §§ 1, 2, 1991; Ord. O-91-32 § 1, 1991; Ord. O-91-34 §§ 1, 2, 1991; Ord. O-91-35 § 1, 1991; Ord. O-91-36 § 1, 1991; Ord. O-91-37 § 1, 1991; Ord. O-92-2 §§ 1, 2, 1992; Ord. O-92-5 § 1, 1992; Ord. O-92-6 §§ 1, 2, 1992; Ord. O-92-8 §§ 1—3, 1992; Ord. O-92-14 § 1, 1992; Ord. O-92-21 § 1, 2, 1992; Ord. O-92-24 § 1, 1992; Ord. O-92-26 § 1, 1992; Ord. O-92-28 § 1, 1992; Ord. O-92-29 § 1, 1992; Ord. O-93-7 § 1, 1993; Ord. O-93-8 § 1, 1993; Ord. O-93-12 § 1, 1993; Ord. O-93-14 § 1, 1993; Ord. O-93-16 § 1, 1993; Ord. O-93-17 § 1, 1993; Ord. O-93-28 § 1, 1993; Ord. O-93-48 § 1, 1993; Ord. O-93-72 § 1, 1993; Ord. O-93-74 § 1, 1993; Ord. O-93-76 § 1, 1993; Ord. O-93-77 §§ 1—3, 1993; Ord. O-93-89 § 1, 1993; Ord. O-93-90 § 1, 1993; Ord. O-94-4 § 1, 1994; Ord. O-94-5 § 1, 1994; Ord. O-94-12 § 1, 1994; Ord. O-94-13 § 1, 1994; Ord. O-94-14 § 1, 1994; Ord. O-94-17 §§ 1, 2, 1994; Ord. O-94-20 §§ 1, 2, 1994; Ord. O-94-21 § 1, 1994; Ord. O-94-43 §§ 1—3, 1994; Ord. O-94-67 § 1, 1994; Ord. O-94-68 § 1, 1994; Ord. O-94-70 § 1, 1994; Ord. O-95-1 §§ 1, 2, 1995; Ord. O-95-12 § 1, 1995; Ord. O-95-15 § 1, 1995; Ord. O-95-17 § 1, 1995; Ord. O-95-24 § 1, 1995; Ord. O-95-25 § 1, 1995; Ord. O-95-26 §§ 1, 2, 1995; Ord. O-95-28 § 1, 1995; Ord. O-95-40 § 1, 1995; Ord. O-95-42 § 1, 1995; Ord. O-95-53 §§ 1, 2, 1995; Ord. O-96-2 §§ 1, 2, 1996; Ord. O-96-3 §§ 1, 2, 1996; Ord. O-96-5 §§ 1—3, 1996; Ord. O-96-7 § 1, 1996; Ord. O-96-9 § 1, 1996; Ord. O-96-22 § 1, 1996; Ord. O-96-26 § 1, 1996; Ord. O-96-56 § 1, 1996; Ord. O-96-57 § 1, 1996; Ord. O-96-60 §§ 1, 2, 1996; Ord. O-96-70 § 1, 1996; Ord. O-97-3 § 1, 1997; Ord. O-97-4 § 1, 1997; Ord. O-97-5 § 1, 1997; Ord. O-97-10 §§ 1, 2, 1997; Ord. O-97-11 §§ 1—6, 1997; Ord. O-97-16 § 1, 1997; Ord. O-97-17 § 1, 1997; Ord. O-97-22 §§ 1, 2, 1997; Ord. O-97-25 § 1, 1997; Ord. O-97-26 § 1, 1997; Ord. O-97-31 § 1, 1997; Ord. O-97-36 § 1, 1997; Ord. O-97-41 § 1, 1997; Ord. O-97-46 §§ 1, 2, 1997; Ord. O-98-5 § 1, 1998; Ord. O-98-6 § 1, 1998; Ord. O-98-25 § 1, 1998; Ord. O-98-40 §§ 1—3, 1998; Ord. O-99-3 § 1, 1999; Ord. O-99-4 § 1, 1999; Ord. O-99-11 § 1, 1999; Ord. O-99-15 § 2, 1999; Ord. O-99-16 § 2, 1999; Ord. O-99-21 §§ 1, 2, 1999; Ord. O-99-27 § 1, 1999; Ord. O-99-29 § 2, 1999; Ord. O-99-30 § 1 (part), 1999; Ord. O-00-11 § 1, 2000; Ord. O-00-17 § 1, 2000; Ord. O-00-18 § 1, 2000; Ord. O-00-22 § 1, 2000; Ord. O-00-29 §§ 1—30, 2000; Ord. O-00-30 §§ 1—3, 2000; Ord. O-01-1 §§ 1, 2, 2001; Ord. O-01-2 §§ 1, 2, 2001; Ord. O-01-6 §§ 1, 2, 2001; Ord. O-01-12 §§ 1, 2, 2001; Ord. O-01-13 §§ 1, 2, 2001; Ord. O-01-15 §§ 1, 2, 2001; Ord. O-01-18 §§ 1, 2, 2001; Ord. O-01-22 §§ 1, 2, 2001; Ord. O-01-28 § 1, 2001; Ord. O-01-32 §§ 1, 2, 2001; Ord. O-02-5 §§ 1, 2, 2002; Ord. O-02-6 § 1, 2002; Ord. O-02-7 § 1, 2002; Ord. O-02-13 § 1, 2002; Ord. O-02-21 § 1, 2002; Ord. O-02-29 §§ 1, 2, 2002; Ord. O-02-35 § 1, 2002; Ord. O-03-2 § 1, 2003; Ord. O-03-11 § 1, 2003; Ord. O-03-12 § 1, 2003; Ord. O-03-15 §§ 1, 2, 2003; Ord. O-03-16 §§ 1, 2, 2003; Ord. O-03-20 §§ 1, 2, 2003; Ord. O-03-22 § 1, 2003; Ord. O-03-27 §§ 1, 2, 2003; Ord. O-04-1 §§ 1, 2, 2004; Ord. O-04-2 §§ 1, 2, 2004; Ord. O-04-5 § 1, 2004; Ord. O-04-6 § 1, 2004; Ord. O-04-7 § 1, 2004; Ord. O-04-8 §§ 1, 2, 2004; Ord. O-04-16 § 1, 2004; Ord. O-04-24 § 1, 2004; Ord. O-04-25 § 1, 2004; Ord. O-04-26 § 1, 2004; Ord. O-04-27 § 1, 2004; Ord. O-04-33 § 1, 2004; Ord. O-05-1 § 1, 2005; Ord. O-05-2 § 1, 2005; Ord. O-05-12 §§ 1, 2, 2005; Ord. O-05-22 § 1, 2005; Ord. O-05-24 § 1, 2005; Ord. O-06-1 §§ 1, 2, 2006; Ord. O-06-2 § 1, 2006; Ord. O-06-16 § 1, 2006; Ord. O-07-2 § 1, 2007; Ord. O-07-4 §§ 1, 2, 2007; Ord. O-07-5 § 1, 2007; Ord. O-07-8 § 1, 2007; Ord. O-07-11 §§ 1—3, 2007; Ord. O-07-13 §§ 1, 2, 2007; Ord. O-07-14 §§ 1, 2, 2007; Ord. O-07-16 §§ 1—3, 2007; Ord. O-07-17 §§ 1—3, 2007; Ord. O-07-18 §§ 1—22, 2007; Ord. O-07-19 §§ 1, 2, 2007; Ord. O-07-22 § 1, 2007; Ord. O-07-23 §§ 1, 2, 2007; Ord. O-08-1 §§ 1—3, 2008; Ord. O-08-5 §§ 1, 2, 2008; Ord. O-08-14 § 1, 2008; Ord. O-08-15 §§ 1, 2, 2008; Ord. O-08-27, § I, 11-19-2008; Ord. O-08-29, §§ III—VI, 11-19-2008; Ord. O-08-34, § I, 12-17-2008; Ord. O-09-10, §§ I, II, 6-16-2009; Ord. O-09-13, § I, 7-21-2009; Ord. O-09-23, § I, 10-20-2009; Ord. O-09-24, § I, 10-20-2009; Ord. O-09-27, §§ I—VI, 11-3-2009; Ord. O-09-31, §§ I—IV, 12-15-2009; Ord. O-10-06, § I, 5-4-2010; Ord. O-10-11, §§ I, II, 7-20-2010; Ord. O-10-15, § I, 9-21-2010; Ord. O-10-18, § I, 10-5-2010; Ord. O-10-19, § I, 10-19-2010; Ord. O-10-22, § I, 11-16-2010; Ord. O-10-23, §§ I—III, 11-16-2010; Ord. O-11-01, § I, 1-4-2011; Ord. O-12-03, §§ I, II, 1-3-2012; Ord. O-12-04, § I, 1-3-2012; Ord. O-12-13, §§ I, II, 7-3-2012; Ord. O-12-14, § I, 7-3-2012; Ord. O-12-15, § I, 7-3-2012; Ord. O-12-19, § I, 8-7-2012; Ord. O-12-22, § I, 11-20-2012; Ord. O-12-24, § I, 12-4-2012; Ord. O-13-09, §§ I, II, 6-18-2013; Ord. O-13-14, § I, 9-3-2013; Ord. O-13-13, § I, 10-1-2013; Ord. O-14-03, § I, 2-4-2014; Ord. O-14-04, § I, 2-4-2014; Ord. O-14-10, § I, 4-2-2014; Ord. O-14-12, §§ I, II, 4-2-2014; Ord. O-14-21, §§ I—V, 9-2-2014; Ord. O-14-23, § I, 10-7-2014; Ord. O-14-24, §§ I, II, 10-7-2014; Ord. O-14-25, § I, 10-7-2014)
(Ord. O-98-23 § 1, 1998)
(Prior code § 11.06(9)(b); § 1 (part) of Ord. dated November 17, 1970; Ord. O-76-103 § 1, 1976; Ord. O-76-158 § 1, 1976; Ord. O-80-108 §§ 1, 2, 1980)
A listing of special privilege loading zone and site-specific parking permits is available in the office of the City Engineer.
(Ord. O-89-5 § 1, 1989; Ord. O-90-3 § 1, 1990; Ord. O-91-4 §§ 1, 2, 1991; Ord. O-92-1 § 1, 1992; Ord. O-94-15 § 1, 1994; Ord. O-97-2 § 1, 1997; Ord. O-98-8 § 1, 1998; Ord. O-98-39 § 1, 1998; Ord. O-01-39 § 2, 200)
Editor's note(s)—Ord. No. O-19-34, pt. XXIII, adopted December 17, 2019, repealed § 11.32.320. Former § 11.32.320 pertained to bus loading zones and derived from the Prior Code, § 11.06 (10-1); Ord. O-74-59, § 1, adopted 1974; Ord. O-79-37, § 1, adopted 1979; Ord. O-79-103, adopted 1979 and Ord. O-05-25, § 1, adopted 2005.
(Ord. O-78-50 § 1, 1978; Ord. O-78-56 § 1, 1978; Ord. O-80-18 § 1, 1980; Ord. O-80-87 § 1, 1980; Ord. O-85-15 § 1, 1985; Ord. O-90-8 § 1, 1990)
It is unlawful for any person, firm, or corporation owning, driving, or in charge of any motor truck, commercial vehicle or trailer in excess of five thousand pounds, including weight of load, to park the same on any street in the city of Wauwatosa between the hours of seven p.m. and seven a.m. on weekdays and between the hours of twelve a.m. and twelve p.m. on Sundays and legal holidays.
(Prior code § 11.06(12))
(Prior code § 11.06(13); §§ l, 2, of Ord. dated October 6, 1970)
Vehicular traffic shall move only in one direction upon the following alleys:
(Prior code § 11.06(14); § 1 of Ord. dated February 16, 1971; Ord. O-76-15 § 2, 1976; Ord. O-77-11 § 1, 1977; Ord. O-78-158 § 1, 1978; Ord. O-79-72 § 1, 1979)
No motor vehicle shall be left standing on any street in the city of Wauwatosa with the motor running except when attended by some person competent to operate the same.
(Prior code § 11.06(15))
It is unlawful for any person, firm or corporation owning, driving, or in charge of any automobile, motor truck, or other vehicle, to park the same in any public alley within the city of Wauwatosa except for the following purposes:
(Prior code § 11.06(16); Ord. 72-5 § 1, 1972)
No person, firm or corporation shall park a vehicle within that portion of the city street right-of-way between the curb line and a public sidewalk, if one exists unless specifically designated as a parking area. Parking over a sidewalk is also prohibited.
(Prior code § 11.06(19); § 1 of Ord. dated July 7, 1970; Ord. 73-70 § 1, 1973; Ord. O-77-3 § 1, 1977; Ord. O-83-13 § 4, 1983; Ord. O-87-3 § 1, 1987)
It is unlawful for any person, firm or corporation owning, driving or in charge of any automobile, motor truck or vehicle to park or stand the same except to comply with the directions of a traffic officer or traffic-control signal or sign on the following streets:
(Prior code § 11.06(20); § 1 of Ord. dated February 16, 1971; Ord. O-74-28 § 1, 1974; Ord. O-74-97 § 1, 1974; Ord. O-74-148 § 1, 1974; Ord. O-75-168 § 1, 1975; Ord. O-76-69 § 1, 1976; Ord. O-76-76 § 1, 1976; Ord. O-77-43 § 1, 1977; Ord. O-79-19 § 1, 1979; Ord. O-79-73 § 1, 1979; Ord. O-80-24 § 2, 1980; Ord. O-85-12 § 1, 1985; Ord. O-85-53 § 1, 1985; Ord. O-87-29 § 1, 1987; Ord. O-93-54 § 1, 1993; Ord. O-97-13 § 1, 1997)
It is unlawful for any person, firm or corporation owning, driving or in charge of any automobile, motortruck or other vehicle, except for those complying with the physically disabled persons registration requirements as contained in Section 346.503, Wisconsin Statutes, to stop or park the same on the portions of streets as hereinafter indicated:
(Ord. O-01-7 § 2, 2001; Ord. O-01-26 § 1, 2001; Ord. O-08-26 § 1, 2008; Ord. O-12-20, § I, 8-7-2012; Ord. O-12-23, § I, 11-20-2012; Ord. O-14-05, § I, 2-4-2014; Ord. O-14-06, § I, 2-4-2014)
(Ord. O-06-22 § 2, 2006)
It is unlawful for any person, firm or corporation owning, driving or in charge of any automobile, motor-truck or other vehicle, except for those complying with the physically disabled persons registration requirements as contained in Section 346.503, Wisconsin Statutes, to stop or park the same on the portions of streets as hereinafter indicated unless backing into the designated angled parking spaces:
The municipally owned parking lot located:
(Ord. O-79-43 § 1 (part), 1979; Ord. O-80-102 § 3, 1980; Ord. O-83-78 § 1, 1983; Ord. O-90-2 § 1, 1990; Ord. O-02-38 § 1, 2002)
(Ord. O-79-43 § 1 (part), 1979; Ord. O-79-127 § 1, 1979)
(Ord. O-79-43 § 1 (part), 1979; Ord. O-80-47 § 3, 1980)
It is unlawful for any person, firm or corporation owning, driving, or in charge of any automobile, motor truck or other vehicle, to park the same in the Pioneer lot for more than two hours between nine a.m. and six p.m., except on Sundays and holidays.
(Ord. O-97-11 § 7, 1997; Ord. O-10-07, § III, 5-4-2010)
(Ord. O-79-43 § 1 (part), 1979)
(Ord. O-98-32 § 1, 1998; Ord. O-08-28, §§ I, II, 11-19-2008)
(Ord. O-83-80 § 1, 1983; Ord. O-87-1 §§ 1, 2, 1987; Ord. O-95-41 § 1, 1995; Ord. O-08-29, §§ I, II, 11-19-2008)
(Ord. O-83-80 § 2, 1983; Ord. O-08-30, §§ I, II, 11-19-2008)
(Ord. O-84-62 § 1, 1984)
(Ord. O-97-11 § 8, 1997)
(Ord. O-97-11 § 9, 1997; Ord. O-99-19 § 1, 1999; Ord. O-10-07, §§ I, II, 5-4-2010)
Additional Parking Restrictions. It is unlawful for any person, firm or corporation owning, driving, or in charge of any motor vehicle, to park the same in the Lefeber lot for more than two hours between the hours of nine a.m. and six p.m., except on Saturdays, Sundays, and holidays.
(Ord. O-02-38 § 2, 2002)
In the "Little Red Store Lot" on Harwood Avenue, the following specific restrictions shall apply:
(Ord. O-10-16, § I, 10-5-2010)
In the Locust Street drop off lot, the following restrictions shall apply:
Upon all streets of sufficient width, except upon one-way streets, the operator of a vehicle shall operate the same upon the right half of the roadway and shall operate a slow-moving vehicle as closely as practical to the right-hand edge or curb of the roadway unless it is impractical to travel on such side of the roadway and unless overtaking and passing another vehicle subject to the limitations applicable to overtaking and passing as set forth in this chapter. The foregoing provisions of this section shall not be deemed to prevent the marking of lanes for traffic upon any roadway and the allocation of designated lanes to traffic moving in a particular direction or at designated speeds.
(Prior code § 11.07(1))
It is unlawful for the operator of a vehicle to operate on any portion of the left side of a street in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be made in safely. The provisions of this section shall not apply upon one-way streets or upon streets laned for traffic; and in all cases of the latter vehicles traveling in marked lanes shall move in the direction permitted any such lanes.
(Prior code § 11.07(2))
On streets that are divided longitudinally a parkway, viaduct, wall, or other form of division, vehicles shall keep to the right of such division unless directed to do otherwise by an official traffic sign or signal or by a traffic officer.
(Prior code § 11.07(3))
Operators of vehicles proceeding in opposite directions shall pass each other to the right, each giving the other at least one-half of the main traveled portion of the roadway as nearly as possible.
(Prior code § 11.07(4))
The operator of an overtaking motor vehicle not within a business or residence district shall give audible warning with his warning device before passing or attempting to pass a vehicle proceeding in the same direction.
(Prior code § 11.07(5) (a))
The operator of a vehicle upon a roadway shall not deviate from the traffic lane in which he is operating without first ascertaining that such movement can be made with safety to other vehicles approaching from the rear.
(Prior code § 11.07(5) (b))
The operator of any vehicle overtaking another vehicle proceeding in the same direction shall pass such vehicle at a safe distance to the left thereof and shall not again operate to the right side of the roadway until safely clear of such overtaking vehicle.
(Prior code § 11.07(5) (c))
The operator of a vehicle about to be overtaken and passed by another vehicle approaching from the rear shall give way to the right if practical in favor of the overtaking vehicle on suitable and audible signal being given by the operator of the overtaking vehicle and shall not increase speed of his vehicle until completely passed by the overtaking vehicle.
(Prior code § 11.07(5)(d))
It is unlawful for the operator of a vehicle to operate on the left side of the street upon any part of a grade or upon a curve in the street where the operator's view along the street is obstructed within a distance of one thousand feet.
(Prior code § 11.07(5)(e))
It is unlawful for the operator or any vehicle to overtake and pass any other vehicle proceeding in the same direction at any steam, gas, or electric railway crossing or at an intersection of streets unless permitted to do so by a traffic officer or upon streets which are properly marked by traffic lanes.
(Prior code § 11.07(5)(f))
Whenever any vehicle has stopped at a marked or unmarked crosswalk or at any intersection to permit a pedestrian to cross the street, it is unlawful for the operator of any other vehicle approaching from the rear to overtake and pass such stopped vehicle.
(Prior code § 11.07(5)(g))
The operator of any vehicle upon any street, upon a signal by putting up the hand or other signal of distress made by a person riding, driving, or leading an animal which is frightened shall cause such motor vehicle to stop unless a movement forward is necessary to avoid an accident or injury, and such operator shall, upon request, stop all motive power until such animal is under control.
(Prior code § 11.07(5)(h))
The operator of a vehicle intending to turn to the right at an intersection shall approach the point of turning in the traffic lane nearest the right-hand edge or curb of the street and in turning shall keep as closely as practicable to the right-hand edge or curb of the street. A signal of intention to turn right when required shall be given continuously during not less than the last one hundred feet traveled by the vehicle before turning.
(Prior code § 11.07(6)(a))
The operator of a vehicle intending to turn to the left at an intersection or into a private driveway shall make such turn from the traffic lane immediately to the right of the next to the center of the street and shall pass immediately to the left of the center of the intersection, passing as closely as practicable to the left of the center of the intersection, and shall leave the intersection immediately to the right of the center of the intersecting street. A signal of intention to turn left when required shall be given continuously during not less than the last one hundred feet traveled by the vehicle before turning.
(Prior code § 11.07(6)(b))
The provisions of Sections 11.36.130 and 11.36.140 shall not apply to those vehicles that are required to travel in such lanes that said provisions cannot be complied with.
(Prior code § 11.07(6)(c))
At any intersection where traffic is controlled by a traffic control signal, by a traffic officer, or where prohibited by an official traffic sign, it is unlawful for the operator of a vehicle to turn such vehicle at the intersection so as to proceed in the opposite direction.
(Prior code § 11.07(6)(d); § 1 of Ord. dated February 16, 1971)
It is unlawful for the operator of any vehicle operating on any street in a business district or on any artery for through traffic in a residence district to turn his vehicle so as to proceed in the opposite direction at any place except at an intersection where such turns are permitted.
(Prior code § 11.07(6)(e))
It shall be unlawful for motor vehicle drivers or operators to make a left turn on certain streets.
(Prior code § 11.07(6)(f))
All left-hand turns by motor vehicles at the following intersections are prohibited:
(Ord. O-01-19 § 2, 2001; Ord. O-03-5 § 1, 2003; Ord. O-03-14 § 1, 2003; Ord. O-06-4 § 1, 2006; Ord. O-07-3 § 1, 2007; Ord. O-8-13 § 1, 2008; Ord. O-09-11, § I, 6-16-2009; Ord. O-12-21, § I, 10-16-2012)
Editor's note(s)—Subsection 23. shall take effect upon the completion and opening of the above-described intersection as part of the 2024 Center Street pavement project.
All U-turns by motor vehicles at the following locations are prohibited:
(Prior code § 11.07(6)(h); Ord. 73-71 § 1, 1973; Ord. O-75-40 § 1, 1975; Ord. O-77-159 § 1, 1977; Ord. O-78-36 § 1, 1978; Ord. O-79-102 § 1, 1979; Ord. O-83-12 § 1, 1983; Ord. O-85-38 § 1, 1984; Ord. O-84-59 § 1, 1984; Ord. O-84-68 § 1, 1984; Ord. O-86-6 § 1, 1986; Ord. O-98-9 § 1, 1993; Ord. O-09-11, § II, 6-16-2009; Ord. O-14-07, § I, 2-4-2014; Ord. O-14-11, § I, 4-2-2014)
All right-hand turns by motor vehicles at the following intersections are prohibited:
(Prior code § 11.07(6)(i); Ord. 73-76 § 1, 1973; Ord. O-75-42 § 1, 1975; Ord. O-76-5 § 1, 1976; Ord. O-78-41 § 2, 1978; Ord. O-79-91 § 1, 1979; Ord. O-85-8 § 1, 1985; Ord. O-85-14 § 1, 1985; Ord. O-88-54 § 1, 1988; Ord. O-03-5 § 2, 2003; Ord. O-03-14 § 2, 2003)
When two vehicles approach or enter an intersection at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right, except as otherwise provided in this section and Sections 11.36.230 to 11.36.290. The driver of any vehicle driving at an unlawful speed shall forfeit any right-of-way which he might otherwise have hereunder. The driver of a vehicle approaching but not having entered an intersection shall yield the right-of-way to a vehicle within such intersection and turning therein to the left across the line of travel of such first mentioned vehicle; provided, the driver of the vehicle turning left has given plainly visible signal of intention to turn as aforesaid.
(Prior code § 11.07(7)(a))
The operator of any vehicle that has come to a full stop as required by Sections 11.36.220 to 11.36.290, upon entering an artery for through traffic, as well as operators of vehicles on such arteries for through traffic, shall be subject to the provisions of Section 11.36.240.
(Prior code § 11.07(7)(b))
The operator of a vehicle within an intersection intending to turn to the left across the path of any vehicle approaching from the opposite direction, may make such left turn where it is permitted only after affording a reasonable opportunity to the operator of such vehicle to avoid a collision.
(Prior code § 11.07(7)(c))
Funeral processions have the right-of-way at intersections when vehicles comprising such procession have their headlights lighted excepting in case of an emergency or when directed otherwise by a traffic officer. Such procession, however, shall be governed by traffic control signals, except that when the leading vehicle has proceeded across an intersection in accordance with such signal, all vehicles in such procession may so proceed regardless of any change in such signal. It is unlawful for any vehicles to form a procession and have their headlights lighted for the purpose of securing the right-of-way by this section to funeral processions.
(Prior code § 11.07(7)(d))
It is unlawful for the operator of a vehicle upon a street not to yield the right-of-way to an authorized emergency vehicle which is operating upon official business and the operator thereof sounds audible signal by means of a siren.
(Prior code § 11.07(7)(e))
The operator of a vehicle emerging from an alley, private driveway or garage shall stop such vehicle immediately prior to moving on to the sidewalk or sidewalk area extending across the path of such vehicle or if there is no sidewalk or sidewalk area, then before crossing near limits of the roadway.
(Prior code § 11.07(7)(f))
The operator of a vehicle entering a public street from an alley, garage, or private driveway shall yield the right-of-way to all vehicles approaching on such street.
(Prior code § 11.07(7)(g))
The operator of any vehicle that has been parked shall, while moving from such position yield the right-of-way to all vehicles approaching on such street.
(Prior code § 11.07(7)(h))
Upon the approach of any authorized emergency vehicle giving audible signal by siren, the operator of every vehicle shall immediately operate the same to a position as near as possible and parallel to the right hand edge or curb of the roadway, clear of any intersection of streets, and shall stop and remain in such position, unless otherwise directed by a traffic officer until such authorized emergency vehicle shall have passed.
(Prior code § 11.07(8))
It is unlawful for the operator of any vehicle other than one on official business to follow any authorized emergency vehicle in response to a call or alarm, closer than five hundred feet or to drive into or park any such vehicle within the block where the fire apparatus has stopped in response to an alarm.
(Prior code § 11.07(9))
The operator of any vehicle shall not at any time operate through or over a safety zone when such safety zone is clearly indicated.
(Prior code § 11.07(10) (a))
The operator of any vehicle may pass on either side of a safety zone upon those streets having two street railway tracks, or upon one-way streets.
(Prior code § 11.07(10)(b))
The operator of a vehicle shall not drive his vehicle upon any side walk area except at a permanently or temporarily established driveway.
(Prior code § 11.07(11))
No person shall participate in any race or speed or endurance contest with a motor vehicle upon any street.
(Prior code § 11.07(12))
It is unlawful for the operator of any vehicle or streetcar to operate a vehicle between the vehicles comprising a funeral procession as provided in this title except when authorized to do so by a traffic officer.
(Prior code § 11.07(13))
The operator of a vehicle shall not back the same unless such movement can he made in safety, and it is unlawful for any operator to back his vehicle into an intersection of streets upon which complete turns are prohibited, for the purpose of making such complete turn.
(Prior code § 11.07(14))
It is unlawful for any person riding upon a bicycle, motorcycle, coaster, sled, roller skates, toboggan, toy vehicle, or any other similar vehicle or device to cling or attach himself or his vehicle to any other moving vehicle or streetcar upon a street.
(Prior code 11.07(15))
The operator of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon and the condition of the street.
(Prior code § 11.07(16) (a))
The operator of any slow moving vehicle, when operating upon a street outside of a business or residential district, shall not follow another slow moving vehicle within three hundred feet, but this provision does not prevent one slow moving vehicle overtaking and passing another, nor does it apply to funeral processions.
(Prior code § 11.07(16)(b))
It is unlawful for the operator of any vehicle to operate the same when it is so loaded or when there are in the front seat such a number of persons, or any person so situated, as to obstruct the view of the operator to the front or to the sides, or to interfere with the operator having free use of both hands and feet to the operating mechanism or controls of the vehicle.
(Prior code § 11.07(17) (a))
Editor's note(s)—Ord. No. O-19-34, pt. XXIV, adopted December 17, 2019, repealed § 11.36.420. Former § 11.36.420 pertained to one arm driving and derived from the Prior Code, § 11.07(17)(b).
Except as otherwise provided in Sections 11.36.440 to 11.36.480, the speed of any vehicle shall not be in excess of the following:
(Prior code § 11.07 (18) (a); Ord. O-97-23 § 1, 1997)
The speed of any vehicle shall not be in excess of the posted speed limits of forty-five miles per hour on the following highways:
(Prior code § 11.07 (18) (b) (1); Ord. O-76-145 § 1, 1976)
The speed of any vehicle shall not be in excess of the posted speed limits of forty miles per hour on the following highways:
(Prior code § 11.07 (18) (b) (2); Ord. O-76145 § 2, 1976)
The speed of any vehicle shall not be in excess of thirty-five miles per hour on the following highways:
(Prior code § 11.07 (18) (b) (3); § 1 of Ord. dated January 6, 1970; § 2 of Ord. dated June 16, 1970; Ord. O-76-49 § 2, 1976; Ord. O-76-145 § 3, 1976; Ord. O-84-16 § 2, 1984; Ord. O-84-34 § 2, 1984; Ord. O-93-27 § 1 (part), 1993)
The speed of any vehicle shall not be in excess of thirty miles per hour on the following highways:
(Prior code § 11.07(18) (b) (4); § 2 of Ord. dated January 6, 1970; § 1 of Ord. dated June 16, 1970; Ord. O-74-46 § 1, 1974; Ord. O-76-49 § 1, 1976; Ord. O-79-90 § 1, 1978; Ord. O-84-16 § 1, 1984; Ord. O-84-34 § 1, 1984; Ord. O-92-27 § 1, 1992; Ord. O-93-27 § l (part), 1993)
The speed of any vehicle shall not be in excess of twenty-five miles per hour on the following highways:
(Ord. O-13-16, § I, 10-1-2013)
The speed of any vehicle shall not be in excess of twenty miles per hour on the following highways:
(Ord. O-06-18 § 1, 2006)
(Prior code § 11.07(18) (c))
The speed limitations set forth in Sections 11.36.430 to 11.36.480 shall not apply to authorized emergency vehicles when responding to emergency calls and the operators thereof sound audible signal by siren or exhaust whistle, and when such emergency vehicle is equipped with at least one lighted lamp exhibiting red light visible under normal atmospheric conditions from a distance of five hundred feet to the front of such vehicle. This provision shall not relieve the operator of an authorized emergency vehicle from the duty to operate with due regard for the safety of all persons using the highway, nor shall it protect the operator of any such vehicle from the consequence of a reckless disregard of the safety of others.
(Prior code § 11.07(19))
It is unlawful for the operator of any vehicle to fail to come to a full and complete stop within thirty feet of the near limits of an intersection at which has been erected an official stop sign or traffic signal designating an artery for through traffic.
(Prior code § 11.07(20))
It is unlawful for any person to endanger the safety of his own person or property or the safety of another's person or property by a high degree of negligence in the operation of a vehicle.
(Prior code § 11.07(22))
No person shall operate a vehicle upon a highway at a speed so slow as to impede or block the reasonable and lawful movement of traffic. Traffic officers may direct such a person to move at a reasonable increased speed or to yield the roadway to overtaking vehicles in accordance with Chapter 11.12 of this title.
(Prior code § 11.07(23))
The following streets are designated and declared to be arteries for through traffic:
(Prior code § 11.08(1); § 1 of Ord. dated February 2, 1972; Ord. 72-3 § 1 (part), 1972; Ord. 72-4 § 1 (part), 1972; Ord. 74-17 § 1, 1974; Ord. O-88-66 § 1, 1988)
The development department is authorized to establish and to designate and shall thereafter maintain, or cause to be maintained, by appropriate devices, marks or lines upon the surface of the roadway, crosswalks at intersections where, in its opinion, there is particular danger to pedestrians crossing the roadway, and at such other places as it may deem necessary.
(Prior code § 11.08(2))
(Prior code § 11.08(3))
The police department is authorized and empowered to erect and maintain or cause to be erected and maintained islands of safety in such place or places as it may deem advisable.
(Prior code § 11.08(4))
It is unlawful for any person to operate any vehicle upon a street with any sign, poster, or other nontransparent material upon the front windshield, side wings, side or rear windows of such motor vehicle other than a certificate or other paper required to be so displayed by law.
(Prior code § 11.08(5)(a))
Every windshield on a motor vehicle shall be equipped with a device for cleaning rain, snow, or other moisture from the windshield and such device shall be so constructed as to be controlled or operated by the operator of the vehicle.
(Prior code § 11.08(5)(b))
The windshield, side wings, and windows of all motor vehicles shall be kept reasonably clean at all times.
(Prior code § 11.08(5)(c))
No person shall operate a motor vehicle upon any street unless such motor vehicle is equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and annoying smoke.
(Prior code § 11.08(6))
It is unlawful to use a muffler cut-out on any motor vehicle upon a street excepting authorized emergency vehicles.
(Prior code § 11.08(7))
(Ord. O-05-29 § 1, 2005)
No vehicle shall be operated or moved on any street unless such vehicle is so constructed and loaded as to prevent its contents from dropping, sifting, leaking, or otherwise escaping therefrom.
(Prior code § 11.08(8))
It is unlawful for the operator of any vehicle to operate the same when any person is upon any portion thereof not designed or intended for the use of passengers when such vehicle is in motion.
(Prior code § 21.08(9)(a))
It is unlawful for any person to ride on any streetcar or vehicle upon any portion thereof not designed or intended for the use of passengers when the vehicle is in motion. This provision does not apply to an employee engaged in the necessary discharge of his duty nor to persons riding within truck bodies in space intended for merchandise.
(Prior code § 11.08(9)(b))
It is for any person to lead any animal upon a street from a motor vehicle, trailer, semitrailer, or bicycle.
(Prior code § 11.08(9)(c))
No person shall throw any missiles, circulars, or pamphlets at the occupants of any vehicle or throw or place any missile, circular, or pamphlet in or on any vehicle whether the vehicle is occupied or not.
(Prior code § 11.08(10))
It is unlawful for any person to place or cause to be placed upon a street any foreign substance which is or may be injurious or damaging to any vehicle or any part thereof.
(Prior code § 11.08(11))
It is unlawful for any person upon roller skates or riding in or on a roller coaster, toy vehicle, hand sled toboggan, or similar device to go upon any roadway except while crossing a roadway at a crosswalk.
(Prior code § 11.08(12))
No streetcar or vehicle shall be driven over any unprotected hose of the fire department when laid down on any street, private driveway, or streetcar track to be used at any fire or alarm of fire, without the consent of the fire chief or fire department official in command.
(Prior code § 11.08(13))
Whenever the load on any vehicle extends more than four feet beyond the rear of the bed or body thereof there shall be displayed at the end of such load in such position as to be clearly visible at all times from the rear of such load, a red flag not less than twelve inches in length and width.
(Prior code § 11.08(14))
(Prior code § 11.08(15)(a))
Every motor vehicle, when operated upon a street, shall be equipped with brakes adequate to control the movement of and to stop and to hold such vehicle, including two separate means of applying the brakes, each of which means shall be effective to apply the brakes to at least two wheels, except that a motorcycle need be equipped with only one brake. All such brakes shall be maintained in good working order and shall be considered efficient if the vehicle can be stopped under normal conditions within fifty feet when traveling at a rate of speed of twenty miles per hour.
(Prior codes § 11.08(l5)(b))
Every motor vehicle, when operated upon a street, shall be equipped with a horn in good working order, capable of emitting sound audible under normal conditions for a distance of not less than two hundred feet; and it is unlawful, except as otherwise provided in Section 11.40.220, for any vehicle to be equipped with, or for any person to use upon a vehicle, any siren or compression spark plug whistle, or for any person at any time to use a horn otherwise than as a reasonable warning or to make any unnecessary or unreasonably loud or harsh sound by means of a horn or other warning device.
(Prior code § 11.08(15)(c))
An authorized emergency vehicle shall be equipped with a siren.
(Prior code § 11.08(15)(d))
No person shall operate any motor vehicle upon a street unless such vehicle is equipped with a mirror so located as to reflect to the operator a view of the roadway for a distance of two hundred feet to the rear of such vehicle.
(Prior code § 11.08(15)(e))
(Prior code § 11.08(15)(f))
Editor's note(s)—Ord. No. O-19-34, pts. XXVII, XXVIII, adopted December 17, 2019, repealed § 11.40.250 and § 11.40.260. Former §§ 11.40.250 and 11.40.260 pertained to boulevards designated and vehicles carrying loads prohibited and derived from the Prior Code, § 11.08(16)(a), (b); § 1 of an ordinance adopted October 5, 1971 and §§ 1, 2 of an ordinance adopted November 16, 1971.
(Prior code § 11.08(17)(a))
Nothing in Section 11.40.280 shall be deemed to include vehicles of the city of Wauwatosa in the performance of public duties, nor shall it be deemed to include vehicles of Milwaukee County or of any public utility while such vehicles of Milwaukee County or of any public utility are engaged in the performance of emergency duties, nor to vehicles for the carriage of passengers, nor to vehicles making deliveries to properties located upon said streets.
(Prior code § 11.08 (17) (b))
(Ord. O-74-44 § 1, 1974; Ord. O-84-1 § 1, 1984; Ord. O-10-17, § I, 10-5-2010)
It is unlawful for any person, firm, or corporation to operate any vehicle designated or used for the purpose of transporting material of any nature when the gross weight of such vehicle is three tons or greater, or any vehicle not operating completely upon pneumatic tires on the following streets:
(Prior code § 11.08(19)(a); § 1 of Ord. dated November 17, 1970; § 1 of Ord. dated August 1, 1972; Ord. 72-47 § 1, 1972; Ord. 73-91 § 1, 1973; Ord. 73-101 § 1, 1973; Ord. 73-106 § 1, 1973; Ord. 74-4 § 1, 1974; Ord. O-75-11 § 1, 1975; Ord. O-75-58 § 2, 1975; Ord. O-77-135, 1978; Ord. O-78-70 § 1, 1978; Ord. O-78-91 § 1, 1978; Ord. O-78-135 § 1, 1978; Ord. O-78-136 § 1, 1978; Ord. O-81-13 § 2, 1980; Ord. O-81-18 § 1, 1981; Ord. O-83-13 § 6, 1983; Ord. O-83-62 §§ 1—3, 1983; Ord. O-83-92 § 1, 1983; Ord. O-84-45 § 1, 1984; Ord. O-84-71 § 1, 1984; Ord. O-91-40 § 1, 1991; Ord. O-6-71 § 1, 1996)
(Prior code § 11.08(19)(b); Ord. O-75-58 § 1, 1975; Ord. O-78-111 § 1, 1978; Ord. O-78-143 § 1, 1978; Ord. O-79-128 § 1, 1979; Ord. O-80-13 § 1, 1980; Ord. O-80-35 § 1, 1980; Ord. O-81-13 § 1, 1981; Ord. O-81-44 § 1, 1981; Ord. O-81-89 § 1, 1981; Ord. O-81-108 § 1, 1981)
Nothing contained in Sections 11.40.310 and 11.40.320 shall be deemed to prohibit the ordinary use of any of the streets designated for the purpose of obtaining orders for and delivering or moving supplies or other necessary commodities to or from any place of business or residence fronting on the streets or intersecting streets.
(Prior code § 11.08(19) (c))
There is declared an emergency to exist in the city of Wauwatosa by reason of a heavy snowstorm whenever snow falls during any period of twenty-four hours or less to a depth of three inches or more in that such storm constitutes a serious public hazard impairing transportation, the movement of food and fuel supplies, medical care, fire, health and police protection, and other vital facilities of the city. Such emergency is declared to continue for a period of forty-eight hours or until such earlier time as snow plowing operations have been declared completed by the director of public services.
(Prior code § 11.08(20)(a))
The city designates Wauwatosa snowplows as "authorized emergency vehicles," pursuant to Section 340.01(3)(e), Wisconsin Statutes. Wauwatosa snowplows are accorded the rights and responsibilities of authorized emergency vehicles during the performance of their municipal duties.
(Ord. O-96-4 § 1, 1996)
Whenever such an emergency exists and the director of public services shall have caused announcement thereof to be made by not less than two radio stations whose normal operating range covers the city of Wauwatosa, it is unlawful for any person to park, or suffer to be parked, any vehicle of any kind or description after the expiration of one hour from the time of such public announcement provided for in Section 11.40.340, upon any street within the city of Wauwatosa, provided that vehicles may be parked for a period of time not longer than three minutes for actual loading or unloading of passengers or thirty minutes for actual loading or unloading of property; provided further that no other ordinance restricting parking as to place or time is violated thereby.
(Prior code § 11.08(20)(b))
Any person, firm or corporation who violates any provisions of Section 11.40.340 or 11.40.350 shall be subject to a forfeiture of twenty-five dollars, which may be paid by stipulation within seven days of the date of violation, after which a stipulated forfeit penalty of thirty-five dollars shall be paid; if not paid within thirty days of the date of violation, the stipulated forfeit penalty shall be fifty dollars.
(Ord. O-86-27 § 1, 1986)
The city engineer is empowered to temporarily prohibit or regulate the movement of trucks or other vehicles of any nature whatsoever in excess of a gross weight of six thousand pounds upon any gravel, dirt, oiled, or light road or plant mix bituminous material surfaced street or alley in the city of Wauwatosa for such length of time as may be necessary to prevent the street or alley to be damaged or rendered impassable by reason of the vehicles traveling upon the streets or alleys. The city engineer may permit, by written order only and under appropriate safeguards the delivery of emergency supplies and fuel.
(Prior code § 11.08(21)(a))
The city engineer is empowered to erect suitable signs giving notification of the temporary prohibition or regulation. The signs shall be placed upon and along all streets or alleys on which the temporary prohibition or regulation is in force. The temporary prohibition or regulation of trucks and vehicles shall become effective on the day following the placing of the signs and shall remain in force until the signs are removed.
(Prior code § 11.08(21) (b))
Sections 11.40.370 through 11.40.390 are enacted as an exercise of the police power to safeguard and protect the surface of streets and alleys in newly developed subdivisions and other areas, so as to insure the safe and ready movement of fire, police and other vehicles necessary and vital to the protection of life and property.
(Prior code § 11.08(21) (c))
No driver of a vehicle shall attempt to avoid obedience to any traffic-control device by driving upon or through any private property or upon or through the driveway of any public building or parking lot.
(Prior code § 11.08(24); Ord. O-83-13 § 7, 1983)
(Prior code § 16.11; Ord. O-87-7 § 1, 1987)
It is unlawful to operate or park any unauthorized motorized vehicle in or upon any portion of public land including, but not limited to, parks, median strips, parkways, school grounds or open-space easements, unless designated as a park drive, roadway, parking area or temporary parking area within such public land. "Motorized vehicle" means any self-propelled device in, upon or by which any person or property is or may be transported or drawn. Any person violating the provisions of this Section shall be subject to the general penalty provisions of this code.
(Ord. O-83-17 § 1, 1983)
In accordance with the authority of Wisconsin Statute 346.33(1) (d), U-turns are prohibited on North Mayfair Road at the signalized divided highway opening intersecting with the driveway entrance to Mayfair Shopping Center.
(Ord. O-84-73 § 1, 1985)
The purpose and intent of this chapter is to eliminate the inappropriate and unnecessary keeping and storage of inoperative motor vehicles and motor vehicle accessories on private property. The city council finds that such keeping and storage is unsightly, unhealthy and unsafe, and contrary to the health, safety and welfare of the residents of the City of Wauwatosa.
(Ord. O-09-29, § I, 11-17-2009)
(Ord. 73-140 § 1 (part), 1973; Ord. O-09-29, § II, 11-17-2009)
(Ord. 73-140 § l (part), 1973; Ord. O-77-35 § 1, 1977; Ord. O-09-29, §§ III—VI, 11-17-2009)
(Ord. O-09-29, § VII, 11-17-2009)
The owner or lessee of any junk motor vehicle or parts thereof, and the owner, agent, or tenant of any premises within any zoning district upon which such junk motor vehicle or parts thereof are parked, stored or maintained, shall be individually responsible for complying with the provisions of Sections 11.44.010 through 11.44.040.
(Ord. 73-140 § l (part), 1973)
(Ord. O-09-29, § VIII, 11-17-2009; Ord. O-12-11, § XIII, 5-15-2012)
In addition to other remedies provided by law, the following penalties shall apply to violations of Sections 11.44.005 through 11.44.040:
(Ord. O-09-29, § IX, 11-17-2009)
Editor's note(s)—Ord. No. O-09-29, § IX, adopted Nov. 17, 2009, repealed former § 11.44.040, and enacted a new § 11.44.040 as set out herein. Former § 11.44.040 pertained to similar subject matter and derived from Ord. 73-140, § 1 (part), 1973.
(Prior code § 10.19; Ord. O-80-75 § 1 (part), 1980)
No person shall abandon any vehicle within the city, and no person shall leave any vehicle within the city for such time and under such circumstances as to cause such vehicle reasonably to appear to have been abandoned. Whenever any vehicle has been allowed to remain standing on any street, alley or public or private place in the city for more than seventy-two hours, the same shall be deemed to have been left or abandoned within the meaning of this section.
(Prior code § 9.25(1); § 1 (part) of Ord. dated April 21, 1970; Ord. O-79-24 § 1, 1979; Ord. O-88-51 § 1, 1988)
The owner, owner's agent, lawful occupant, or property manager of private property requesting to have an abandoned vehicle removed by the city from such private property shall submit a written request to the Wauwatosa police department stating:
(Ord. O-88-52 § 1, 1988)
No person shall leave any nonoperable wrecked or junked motor vehicle on any street, alley or public place within the city.
(Prior code § 9.25(2); § 1 (part) of Ord. dated April 21, 1970)
As authorized by Wisconsin Statutes 342.40 the chief of police or any member of his department designated by him is authorized to remove or have removed any motor vehicle left at any place within the city which reasonably appears to be in violation of Section 11.44.070 or which reasonably appears to be lost, stolen or unclaimed. Such motor vehicle shall be impounded until lawfully claimed or disposed of in accordance with Section 11.44.100. The chief of police is authorized to remove and junk, or cause to be removed and junked by private contract, any motor vehicle left at any place within the city which reasonably appears to be in violation of Section 11.44.080.
(Prior code § 9.25(3); § 1 (part) of Ord. dated April 21, 1970; Ord. O-88-50 § 1, 1988)
At any time prior to the sale of impounded motor vehicles as herein provided, any person establishing his ownership or right of possession to such vehicles may reclaim or obtain possession of the same by paying to the chief of police all moneys due for the storage and towing thereof and other expenses arising out of the care of the same. After any such motor vehicle has been stored as aforesaid for thirty days or more and has not been reclaimed as aforesaid, the police department may sell the same at public auction. Notice of such sale shall be published in a newspaper having a general circulation in the city of Wauwatosa once a week for three consecutive weeks, but the same notice may include one or more motor vehicles. At such sale the highest bid in cash for any such motor vehicle shall be accepted, unless the same is, in the judgment of the police department, inadequate, in which event all bids may be rejected. In case all bids are rejected or no bid at all is received, the police department may, at its discretion, either readvertise the same or adjourn the same from time to time to a definite date each time, or sell such motor vehicle at a private sale or junk the same. After deducting the reasonable and necessary expenses arising out of the care and sale of any motor vehicle, the balance of the proceeds shall be paid into the policemen's pension fund pursuant to Section 62.13(9)(a) of the Wisconsin Statutes.
As an alternative to the above method of disposal, the chief of police is empowered to use the procedure as set forth in Section 342.40 of the Wisconsin Statutes, which is adopted by reference in Section 3.52.010 of this code.
(Prior code § 9.25(4)(a); § 1 (part) of Ord. dated April 21, 1970; § 1 of Ord. dated November 16, 1971; Ord. 72-54 § 1, 1972; Ord. O-76-37 § 1, 1976; Ord. O-88-46 § 1, 1988)
The sale of a motor vehicle under the provisions of Sections 11.44.070 to 11.44.140 shall forever bar all prior claims thereto and interest therein except as hereinafter provided.
(Prior code § 9.25(4)(b); § 1 (part) of Ord. dated April 21, 1970)
At any time within two years after the sale of a motor vehicle as provided in this chapter, any person claiming ownership of such motor vehicle or a financial interest therein may present a claim to the city setting forth such facts as are necessary to establish such ownership or interest. If the city is satisfied as to the justice of such claim, it may allow the same, but in no case shall the amount allowed exceed the sum paid to the city treasurer as the result of the sale of such motor vehicle nor the amount of the interest of the claimant therein.
(Prior code § 9.25(4)(c); § 1 (part) of Ord. dated April 21, 1970)
"Person" is any person, firm, partnership, association, corporation, company or organization of any kind.
(Prior code § 9.25(5); § 1 (part) of Ord. dated April 21, 1970)
(Ord. O-94-19 § 1, 1994)
(Ord. O-79-39 § 4 (part), 1979)
(Prior code § 11.12(2))
No person riding a bicycle shall attach himself or his bicycle to any vehicle upon a roadway.
(Ord. O-79-39 § 4 (part), 1979)
Persons riding bicycles upon a roadway may ride two abreast if such operation does not impede the normal and reasonable movement of traffic.
(Ord. O-79-39 § 4 (part), 1979)
(Ord. O-79-39 § 4 (part), 1979)
Editor's note(s)—Ord. No. O-17-04, pt. III, adopted February 7, 2017 repealed § 11.48.060. Former § 11.48.060 pertained to warning devices required on bicycles and derived from Ord. O-79-39 § 4 (part), 1979.
It is unlawful for any person to ride a bicycle which has a wheel diameter of twenty-four inches or more upon the sidewalks in any portion of the city of Wauwatosa.
(Prior code § 11.12(7); Ord. O-79-40 § 1, 1979; Ord. O-79-44 § 1, 1979)
Any person riding or operating a bicycle upon any street within the limits of the city of Wauwatosa shall observe all traffic rules and regulations.
(Prior code § 11.12(8); Ord. O-79-39 § 2, 1979)
It is unlawful for anyone to ride a bicycle in the city of Wauwatosa unless it is legally registered in Wauwatosa or in some other place or unless it is owned in a place not having a provision for registration, as provided in this chapter.
(Prior code § 11.12(9) (part))
The owner of a bicycle shall register with the police department his or her name and address and a complete description of the bicycle on forms issued by the department, and shall do likewise thereafter prior to the expiration of such license. The registrations shall be numbered and kept by the department as a public record. Upon each registration there shall be issued a license which shall entitle the licensee and persons authorized by the licensee to operate the bicycle in the city until such license expires. Simultaneously upon the issuance of the license there shall be issued an identification license plate to be fastened to the bicycle. Each license shall, together with a serial number identical with the registration number, show a non-expiring period for its validity.
(Ord. O-76-97 § 1, 1976; Ord. O-96-1 § 10, 1996; Ord. O-96-10 § 1, 1996)
License tags shall be affixed securely to the bicycle, permanently. The tags shall be placed so as to be visible by a law enforcement officer.
Wauwatosa license tags may be removed by the bicycle owner, if the owner moves out of the city, or if the bicycle is sold or transferred to another purchaser, or if the bicycle is damaged or no longer useable. Licensed bicycle owners are required to notify the police department if they no loner live in Wauwatosa or have sold or junked their bicycle.
(Ord. O-79-39 § 4 (part), 1979; Ord. O-96-10 § 2, 1996)
No bicycle shall be registered unless it is in a safe mechanical condition. The police department may inspect bicycles and deny registration if they are found to be mechanically unsafe.
(Ord. O-79-39 § 4 (part), 1979)
No person shall wilfully or maliciously remove, destroy or mutilate any identification tag.
(Prior code § 11.12(9)(d); Ord. O-79-39 § 3, 1979; Ord. O-96-10 § 3, 1996)
The transfer of registration is strictly prohibited.
(Ord. O-79-39 § 4 (part), 1979)
Every person, firm, or corporation engaged in the business of buying, selling, exchanging, or trading in new or used bicycles shall, within forty-eight hours thereof, report the sale or purchase of any used bicycle or bicycle equipment, fully describing the same on forms furnished by the police department.
(Prior code § 11.12(10))
(Ord. O-79-39 § 4 (part), 1979; Ord. O-80-66 § 1, 1980)
(Ord. O-77-47 § 1, 1977; Ord. O-80-66 § 2, 1980)
The following definitions apply to this chapter and to Chapter 11.51 - Dockless Mobility Systems:
Any person violating the provisions of this section or Chapter 11.51 of this code shall, upon conviction for such violation, be subject to a forfeiture of between fifty dollars and five hundred dollars per day for each dockless mobility device operated or parked in violation of this section or the program. For each second or subsequent conviction, the forfeiture shall be between five hundred dollars and one thousand dollars.
The following definitions apply to this chapter and to Chapter 11.50 - Electric Scooters and Dockless Mobility Devices:
Editor's note(s)—Ord. No. O-19-23, pt. XXVI, adopted September 3, 2019, repealed ch. 11.52, §§ 11.52.010—11.52.030. Former § ch. 11.52 pertained to emergency traffic regulations and derived from § 11.14(1)—(3) of the prior code.
(Prior code § 11.17; § 1 of Ord. dated March 3, 1970; Ord. O-80-75 § l (part), 1980)
The following sections of Chapter 350 of the Wisconsin Statutes describing and defining regulations with regard to snowmobiles and their use, for which the penalty is a forfeiture only, are adopted and by reference made a part of this chapter as if fully set forth herein. Any act required to be performed or prohibited by any statute incorporated herein by reference is required or prohibited by this chapter. Sections of Chapter 350 adopted by reference are:
350.02 Operations of snowmobiles on or in the vicinity of highways;
350.03 Right-of-way;
350.08 Owners permitting operation;
350.09 Headlamps, tail lamps and brakes, etc.;
350.10 Miscellaneous provisions for snowmobile operations.
(Ord. O-74-99 § 1, 1974; Ord. O-11-13, § VIII, 10-4-2011)
No person shall ride, drive, lead, or propel any vehicle or animal (excluding household pets) upon any sidewalk in the city of Wauwatosa, except at permanently established driveways or as provided in Section 12.04.210 of this code. Any person who violates any provision of this section shall be subject to the penalty provisions of this code.
(Prior code § 11.11(1); Ord. O-80-65 § 1, 1980)
No person shall engage in any sport or exercise with hand-sleighs or hand bob-sleighs whereby any person or passenger in or upon any street or sidewalk within the limits of the city of Wauwatosa shall or may be impeded, endangered, or injured. Any person or persons offending against the provisions of this section shall be subject to the penalty provisions of this code.
(Prior code § 11.11(2); Ord. O-80-65 § 2, 1980)
Any person to whom a police notice or summons has been issued to appear at the police station for violating the provisions of Chapter 11.32 of this title or the provisions of any other ordinance regulating the stopping, standing and parking on any street or alley may, within seven days after six p.m. on the day of the violation, deliver by mail or in person to the police station of the city of Wauwatosa, a written admission and consent to judgment (hereafter called "admission") signed by such person of the charges set forth in the notice or summons, together with his check, money order or cash for the amount shown in the municipal fine schedule. No violator of Chapter 11.32 of this title or such other ordinance shall be tried in court until after the time allowed the violator by this section for filing such admission has expired, unless the admission is signed by the defendant and filed as herein provided, in which case the trial shall be had as soon as possible. When a case is tried upon such admission, no witnesses shall be sworn for the prosecution or the defense. If, after signing the admission, the defendant at the time of trial insists that witnesses be sworn for the defense, the case shall immediately be adjourned to a day certain, and witnesses may be subpoenaed on behalf of the prosecution and the defense. The trial of the case shall then proceed in the usual manner, and the provisions of this chapter shall not apply.
(Prior code § 11.09(5) (part); § 1 (part), of Ord. dated October 20, 1970; Ord. O-81-66 § 1, 1981; Ord. O-82-79 § 1, 1982; Ord. O-97-21 § 1, 1997)
Any person who fails to pay the stipulated forfeit penalty as shown in the municipal fine schedule within seven days of the violation shall pay additional penalties as shown in the municipal fine schedule. The penalty shall be increased further if the fine remains unpaid after thirty days, as shown in the municipal fine schedule.
(Prior code § 11.09(5) (part); §§ 1 (part), 2 of Ord. dated October 20, 1970; Ord. O-79-52 § 1, 1979; Ord. O-81-66 § 2, 1981; Ord. O-82-79 § 2, 1982; Ord. O-86-28 § 1, 1986; Ord. O-97-21 § 2, 1997)
The privilege of stipulation granted to violators by this chapter shall not be available to any person found guilty by stipulation or otherwise of four or more traffic violations during the twelve months preceding his last arrest.
(Prior code § 11.09(5) (part))
The provisions of Sections 11.64.050 to 11.64.070 shall not apply to any violation under Section 11.32.350B of this title prohibiting restricting or limiting the parking of any motor truck, commercial vehicle, or trailer in excess of five thousand pounds, including weight of load, on any street in the city of Wauwatosa where official signs have been posted by the city prohibiting, restricting, or limiting the parking of such vehicles. The penalties violations under Section 11.32.350B of this title shall be as set forth under Section 346.53 Wisconsin Statutes abbreviated.
(Prior code § 11.09(5) (part); § 3 of Ord. dated October 6, 1970)
The fine for any handicap parking violation shall be as set out in the municipal fine schedule. The city has adopted Wisconsin State Code Section 346.503, 505 by reference. Any handicap parking violation which remains unpaid after seven days shall increase as shown in the municipal fine schedule. Any unpaid handicap parking violation after thirty days shall have additional penalties assessed, as shown in the fine schedule.
(Ord. O-97-21 § 3, 1997)
Whenever any police officer finds a vehicle in a tow-away zone or a vehicle which has in excess of ten tickets in violation of Wauwatosa Code Chapters 11.16, 11.28, 11.32, 11.34, 11.36, 11.40, 11.52 and 11.60 and the requirements of Section 11.66.015 of this chapter have been met, the officer is authorized to remove the vehicle to either private or public parking or storage premises. The removal may be performed by or under the direction of an officer or a towing contractor under contract with the city. The charges for removal and storage under this section shall be listed in the consolidated fee schedule. The charges for removal and storage, plus any unpaid Wauwatosa traffic tickets, shall be paid to the police department prior to release of the vehicle. The vehicle may be released upon presentation of all necessary receipts and presentation of proper identification. A notice informing the vehicle owner of the location of the vehicle, the procedure for reclaiming the vehicle and the availability of a review before the municipal court judge shall be mailed to the last known address within twenty-four hours after removal.
(Ord. O-97-24 § 1 (part), 1997; Ord. O-06-22 § 1 (part), 2006)
Except for those vehicles in a tow-away zone, prior to removing a vehicle pursuant to Section 11.66.010 of this section for more than ten unpaid parking tickets, the police shall ensure the following:
(Ord. O-97-24 § l (part), 1997; Ord. O-06-22 § 1 (part), 2006)
Whenever the charges for removal and storage, and the unpaid traffic tickets are paid, the vehicle shall be released to its owner. Whenever the citation(s) upon which removal and storage is authorized is released by the chief of police, or by the city attorney after a review, or whenever the citation upon which removal and storage is authorized is dismissed by the municipal court judge, the police department shall authorize release of the vehicle without payment of charges for removal and storage and shall refund any charges for removal and storage of such vehicle which have been previously paid.
(Ord. O-97-24 § 1 (part), 1997; Ord. O-06-22 § 1 (part), 2006)
Pursuant to Section 349.115, Wisconsin Statutes, a law enforcement officer may impound any vehicle used in the commission of a violation of Section 346.62, Wisconsin Statutes, or a local ordinance in strict conformity with Section 346.62, Wisconsin Statutes, at the time of issuing a citation for the offense. That vehicle may be impounded until the person fully pays impounding, towing, and storage fees. The impounded vehicle shall be returned to the owner or disposed of pursuant to Sections 349.115(2) and (3), Wisconsin Statutes.
After thirty days have passed, the fleet maintenance superintendent, his designee or his duly authorized agent shall appraise the value of such vehicle based on the prevailing salvage market. The fleet maintenance superintendent shall dispose of the vehicle, according to city procedures which include selling for salvage, selling through auction, using for parts, or otherwise converting to city use.
(Ord. O-97-24 § 1 (part), 1997; Ord. O-06-22 § 1 (part), 2006)
(Ord. O-97-24 § 1 (part), 1997; Ord. O-06-22 § 1 (part), 2006)
Cross reference(s)—For provisions pertaining to animals and vehicles on sidewalks, see Chapter 11.60 of this code. For provisions pertaining to street projections and overhanging signs, see Chapter 15.14, of this code.
The following definitions shall apply in the interpretation and enforcement of this chapter:
(Ord. O-99-25 § 1, 1999)
The fee for plans and specifications requested by bidders and suppliers on public works contracts shall be as shown on the fee schedule.
(Ord. O-86-49 § 2, 1986; Ord. O-96-1 § 18(1), 1996)
No person, firm or corporation shall occupy any street, alley, public place or right-of-way in the city of Wauwatosa or perform any of the following work or functions thereon without first obtaining a street occupancy permit as hereinafter provided:
(Prior code § 10.01(2); § 1 (part) of Ord. dated April 20, 1971; Ord. O-99-25 § 2, 1999)
No street occupancy permit shall be required for any routine maintenance work such as: fine grading, seeding, sodding, smoothing only of slopes, and ditches that involves no change in grade of any surface within the right-of-way.
(Prior code § 10.01(3); § 1 (part) of Ord. dated April 20, 1971)
(Prior code § 10.01(4); § 1 (part) of Ord. dated April 20, 1971; Ord. 74-18 §§ 1, 2, 1974; Ord. O-75-46 § 1, 1975; Ord. O-02-1 § 1 (part), 2002)
(Ord. O-99-25 § 3, 1999)
(Ord. O-99-25 § 4, 1999)
(Ord. O-99-25 § 5, 1999; Ord. O-05-3 §§ 1—3, 2005)
(Ord. O-05-3 § 4, 2005)
No person shall make any excavation in any street, alley, or public place for any purpose whatsoever unless he shall first have secured a permit therefor from the director of public works, except where required by a contract with the city for constructing, paving or reconstruction of a street. City forces charged with the duty of repairing or reconstructing streets shall not be required to secure a permit.
(Prior code § 10.01(7); § 1 (part) of Ord. dated April 20, 1971)
Upon application and payment of the fees and deposits for which provision is hereinafter made, the director of public works, may, in his discretion, where not inconsistent with any ordinance, issue a permit to excavate or disturb the surface of any street, alley, or public place. The permit shall state the name of the applicant, the nature and purpose of the excavation or disturbance of the street surface, the locations thereof, the amount of the permit fee, and the number of days for which the permit shall remain in force. All permits shall be made out in triplicate, one copy to be given to the permittee, one copy to be delivered to the superintendent of the street and sewer division, and one copy to remain on file in the office of the director of public works.
(Prior code § 10.01(8); § 1 (part) of Ord. dated April 20, 1971)
No permits shall be issued to any person other than city forces except upon payment of the fees and deposits set out in Sections 12.04.100 to 12.04.120.
(Prior code § 10.01(9) (part); § 1 (part) of Ord. dated April 20, 1971)
No fees will be required for permits for placing poles or posts where the excavation does not exceed four square feet. All other excavations must pay permit fees as shown in the fee schedule.
(Ord. O-96-1 § 18(3), 1996)
Inspection fees shall be as follows:
(Prior code § 10.01(9)(b); § 1 (part) of Ord. dated April 20, 1971; Ord. O-81-74 § 3, 1981; Ord. O-96-1 § 18(4), 1996)
Deposits of such further sum or sums as will be needed to restore the pavement to its former condition shall be required as follows:
(Prior code § 10.01(9)(c); § 1 (part) of Ord. dated April 20, 1971; Ord. O-81-74 § 4, 1981)
Upon failure to obtain a permit before work has been started, except in emergency cases, the total fees shall be double the fees charged.
(Ord. O-85-52 § 1, 1985)
The schedule of prices for pavement repairs and miscellaneous maintenance charges shall be as set out in the fee schedule.
(Ord. O-96-1 § 18(5), 1996)
No person, firm or corporation shall excavate for any driveway or sidewalk within the city of Wauwatosa until the city electrician indicates in the field the location of existing cables. After excavation the owner and/or contractor shall not place concrete until the cables have been examined by the city electrician. If any cables are damaged the board of public works shall forthwith cause the damaged cables to be repaired and to charge the cost of the repairs to the owner and/or contractor. In the event of a default in payment the city of Wauwatosa may proceed to enforce payment by civil action.
(Prior code § 10.02)
No utility company and/or contractor shall excavate in any street within the city of Wauwatosa where underground cables exist until the city electrician indicates in the field the location of existing cables. Prior to backfilling the excavation, the utility company and/or contractor shall notify the city electrician that the excavation work has been completed. The city electrician shall then proceed to examine the cables and if no damage has resulted shall authorize backfilling of the excavation. If any cables are damaged the board of public works shall forthwith cause the damaged cables to be repaired and to charge the cost of the repairs to the utility company and/or contractor. In the event of a default in payment the city of Wauwatosa may proceed to enforce payment by civil action.
(Prior code § 10.03; § 2 of Ord. dated April 20, 1971)
No person, firm, or corporation shall break out any street curb in the city for any purpose without first obtaining a permit from the city engineer.
(Prior code § 10.04(1))
Before the issuance of such permit, a permit fee and license fee shall be paid pursuant to the schedule of Section 12.04.100. The city engineer is authorized to embody in said permit any conditions as he may deem necessary to give full protection to the city.
(Prior code § 10.04 (2); Ord. 72-35 § 1, 1972)
(Prior code § 10.05; Ord. O-80-75 § l (part))
No person, company, corporation, or association shall be permitted or allowed to obstruct in any manner whatsoever the gutter or any part thereof on any improved street by the construction, partly or wholly within the gutter, of driveways or approaches to private property abutting on such improved streets, or in any manner whatsoever.
(Prior code § 10.06(1))
It shall be the duty of the board of public works to forthwith cause the removal of all such crossings or other gutter obstructions wherever found on any improved street in this city.
(Prior code § 10.06(2))
The board of public works in and for the city of Wauwatosa is authorized to close streets and portions of streets while being repaired or oiled for such time as in its discretion is necessary, by placing barriers across the roadway portion of such streets or portion thereof.
(Prior code § 10.07(1))
It is unlawful for any person to go upon any portion of any street closed because of repairs, or having been oiled, or to drive any animal or vehicle or permit any animal or vehicle under his control to go upon such street or portion thereof, without permission from the board of public works.
(Prior code § 10.07(2))
(Ord. O-81-79 § 1, 1981; Ord. O-02-1 § 1 (part), 2002)
Every person owning or occupying any premises bounded by a public street or sidewalk, in the city of Wauwatosa, is required to trim off all overhanging boughs of each and every overhanging tree growing on or near such street or sidewalk, and to keep the same trimmed in such a manner that such overhanging boughs or limbs will in no way interfere with public travel on such street or sidewalk, and so that there will be a clear space above any street or sidewalk of at least eight feet.
(Prior code § 10.08(2))
In case the provisions of Section 12.08 010 are violated by any owner or occupant of such premises by the failure to keep such trees trimmed as provided in Section 12.08.010, it shall be the duty of any police officer of the city or the city engineer to whom the complaint shall be made, to forthwith inform the owner or occupant of such premises of such fact, by written notice requiring such person to conform to the provisions of Section 12.08.010 within twenty-four hours of the service of such notice. In case of the failure of any such person to comply with the provisions of Section 12.08.010 within such time after the service of such notice the board of public works is authorized to cause the tree or trees to be so trimmed, and charge the cost thereof to the property, and make written report thereof to the city clerk so that the same may be included in the tax roll of taxes assessed and charged against such property in the manner provided by law for special taxes.
(Prior code § 10.08(3))
No person, corporation, or association shall plant, cut, prune, or remove any tree or shrub in a public highway in the city of Wauwatosa, or cut, disturb, or interfere in any way with the roots of any tree in such public highway or spray any such trees or shrubs with any chemicals or insecticides without written permit of the board of park commissioners.
(Prior code § 10.10(1))
No shade or ornamental tree or shrub shall be placated in any of the public highways of the city of Wauwatosa until such tree or shrub and the place where it is to be planted shall have first been approved by the board of park commissioners of the city of Wauwatosa and a permit granted by the board therefor.
(Prior code § 10.10(2))
No person shall place or maintain upon the ground in a public highway of the city of Wauwatosa stone, cement, lumber, or other substance or material which shall impede the free passage of water and air to any tree or shrub in such highway without leaving an open space or ground outside the trunk of the tree or the base of said shrub of an area nor less than sixteen square feet. Before depositing any such materials in any highway of the city near to trees or shrubs therein, the person so depositing the material shall place such guards around the trees and shrubs as shall effectually prevent injury to them.
(Prior code § 10.10(3))
No person shall break or injure any tree or shrub planted in any highway of the city of Wauwatosa, nor shall he pour salt water upon any such public highway in such place as to injure any tree or shrub planted or growing therein.
(Prior code § 10.10(4))
No person, corporation, or association shall attach any electric insulators, or any device for the holding of electric wires, to any tree growing or planted upon any public highway of the city of Wauwatosa. Every person, corporation, or association having any wire or wires charged with electricity running through a public highway shall securely fasten such wire or wires to a post or other structure so that they shall not come in contact with any tree thereon, and every such person, corporation, or association shall, when and if the board of park commissioners determine it to be necessary in order to prune or cut down any trees growing on a public highway in the city of Wauwatosa, temporarily remove any such wire or wires, or cut off the electricity within twenty-four hours after service upon the owner of the wire or wires, or his or its agents, of a written notice of the board of park commissioners to remove the wire or wires, or cut off the electricity.
(Prior code § 10.10(5))
No person, corporation, or association shall prevent, delay, or interfere with the department of public works or its employees in the planting, pruning, spraying, or removing of a tree or trees or shrubs, living or dead, in that part of any street lying between the lot line and the curb or in the center or side plots of boulevards in the city, or from removing stone, cement, lumber, or other substance placed about a tree or shrub in a highway in the city contrary to the provisions of Sections 12.08.030 to 12.08.100.
(Prior code § 10.10(6))
The board of park commissioners may from time to time make such rules and regulations as it may deem to be to the best interest of the city for the control of trees and shrubs in the public highways or boulevards.
(Prior code § 10.10(7))
No tree other than approved forms of ash, crab, ginkgo, hackberry, linden, locust, maple, oak or any other specie prescribed by the board of park commissioners of at least one and one-quarter inch in diameter at a point six inches above the ground shall be planted in front of any lot between sidewalk and curb upon any improved street established at correct grade in the city of Wauwatosa. Where no sidewalks or curbing is installed in front of any lot or tract of land or where pavements and underground utilities have not been installed in any street or proposed street, no trees shall be planted on that portion of such lot or tract adjacent to the street or proposed street without the express written permission of the board of park commissioners.
(Ord. O-80-23 § 2 (part), 1980)
The board of park commissioners shall fix and prescribe the specie or species of trees and the locations of which the same shall be planted and they shall cause such trees to be planted. The cost for initial plantings shall be assessed against such owners in the manner provided by law and they shall be notified of the planting in the manner prescribed by law.
(Ord. O-80-23 § 2 (part), 1980)
The cost of planting a replacement tree in a street right-of-way shall be chargeable as a special assessment against the abutting property, if the tree that has been replaced was removed as a benefit to the owner of the property.
(Prior code § 10.11(4); § 1 of Ord. dated August 1, 1972)
At those street locations where the city forester determines that there is not adequate space between a curb and a sidewalk to properly plant a street tree, the board of park commissioners is authorized to have a street tree planted between the sidewalk and private property line where space allows or on the private property adjoining the city street, if the owner of such private property grants an easement to the city for such purposes. Such easement shall grant to the city the right to plant a tree of the city's choice, at a location selected by the city forester, to spray, trim, remove or perform other services in the maintenance of such tree as may be done to other street trees. Such easement shall extend a radius of thirty-five feet from the center of the tree. Such tree, although planted on private property, shall remain the property of the city to the same extent as though planted within the street right-of-way.
(Ord. O-75-126 § 1, 1975)
The following definitions shall apply in the interpretation and enforcement of this chapter:
The city of Wauwatosa shall apply Tosa streets infrastructure and principles to all public and private projects, including new construction, reconstruction, resurfacing, restoration, rehabilitation, operations, retrofits, and other maintenance work for the entire dedicated right-of-way. Attention shall be given to streets and intersections:
Every street project on public or private property shall incorporate Tosa streets infrastructure sufficient to enable reasonable safe travel along and across the right-of-way for each category of use; provided, however, that such infrastructure may be excluded, upon written approval by the bicycle and pedestrian facilities advisory committee and the board of public works. These bodies may also request decisions on such exemptions from the transportation affairs committee and the common council. Streets may be exempted from the application of Tosa streets principles on projects where documentation, data, and other information indicate:
The city of Wauwatosa shall incorporate Tosa streets principles into all appropriate plans, zoning and subdivision codes, laws, manuals, rules, regulations, programs and parking and site plan reviews, as appropriate, including the implementation of the city's comprehensive plan, the bicycle and pedestrian facilities plan, the capital improvement program and the annual operational budget. Best practices for these improvements will use the best and latest design standards available such as existing design guidance from the American Association of State Highway Officials (AASHTO), WisDOT guidelines for sidewalk placement, the Institute of Transportation Engineers, the national association of city transportation officials, the Americans with Disabilities Act, the Public Right-of-Way Accessibility Guidelines (PROWAG), or the Model Design Manual for Living Streets and National Association of City Transportation Officials (NACTO) Urban Street Design Guidelines.
The implementation of this policy shall reflect the context and character of the surrounding built and natural environments, and enhance the appearance of such.
Tosa Streets may be achieved through single projects or incrementally through a series of smaller improvements or maintenance activities over time.
The width of streets hereinafter established in the city of Wauwatosa shall be as provided for in Section 236.16(2) of the Wisconsin Statutes, except that each proposed dead-end street where no extension is contemplated, shall have a width as recommended by the board of public works and the city plan commission and approved by the common council.
(Prior code § 18.04)
Street widths shall be as follows:
(Prior code § 18.05; § 1 of Ord. dated April 20, 1971; Ord. O-74-90 § 1, 1974; Ord. O-78-97 § 1, 1978)
No person, firm or corporation shall maintain, plant or permit to remain on any private or public premises situated at the intersection of two or more streets or alleys in the city of Wauwatosa, any hedge, tree, shrub or other growth which may obstruct the view of the operator of any motor vehicle approaching such intersection to the extent that such operator is unable to observe other vehicles or pedestrians approaching or crossing such intersection. Any such hedge, tree, shrub or other growth is a public nuisance.
(Prior code § 10.115(1))
Whenever the chief of police or the city engineer or their designee find on examination that any hedge, tree, shrub, or other growth or part thereof growing or located upon private premises is a public nuisance as defined in this chapter, or which endangers the life, health, safety or property of the public, the city engineer shall notify the owner or his agent in writing or by publication in a newspaper of general circulation in the city that the nuisance must be removed or otherwise abated as directed in the notice within the time specified, which shall not be less than ten days unless the chief of police or the city engineer or their designee shall determine that immediate correction or removal is necessary for public safety. Any person who feels aggrieved by the order or the failure of an order to be issued may appeal the determination of the chief of police and/or engineer or their designee to the board of public works. The board of public works shall be authorized to make a final determination in regard to such matter.
(Ord. O-77-133 § 1, 1977)
If the owner of such premises or his agent refuses or neglects to comply with the notice within the time specified, the city forester shall cause the nuisance to be removed or otherwise abated and shall report the expense thereof to the city treasurer who shall enter it as a charge against the property upon which the hedge, tree, shrub or other growth is located.
(Prior code § 10.115(3))
The city forester shall have the authority to enter upon private premises at all reasonable times for the purposes of examining any hedge, tree, shrub or other growth located upon or over such premises and carry out any of the provisions of this chapter. No person, firm, or corporation shall prevent, delay or interfere with the city forester or his agents, employees or servants while they are engaged in carrying out any work or activities authorized by this chapter.
(Prior code § 10.115(4))
Editor's note(s)—Ord. No. O-21-04, pt. I, adopted February 16, 2021, repealed §§ 12.20.010 and 12.20.020. Former §§ 12.20.010 and 12.20.020 pertained to contractors—license required—application—fee and derived from § 6.07(1, 2) of the prior code; Ord. O-74-72, § 1, adopted 1974; Ord. O-76-102, § 1, adopted 1976; Ord. O-81-74, § 7, adopted 1981 and Ord. O-96-1, § 19, adopted 1996.
The board of public works is authorized and empowered to make and prescribe such rules and regulations as it may deem necessary for the public interest concerning the manner of constructing, laying, or rebuilding sidewalks or concrete or asphaltic driveways within the city of Wauwatosa, and is authorized and empowered to make and prescribe standard specifications for the method of construction of said sidewalks or concrete or asphaltic driveways. All persons, firms, corporations, associations, or individuals who lay or rebuild sidewalks or concrete or asphaltic driveways within the city of Wauwatosa under the provisions of this chapter shall be subject to such rules and regulations as may be prescribed by the board of public works as hereby authorized, and such sidewalks or concrete or asphaltic driveways shall be constructed in accordance with such standard specifications as may be duly adopted by the board of public works under power and authority hereby conferred upon the board of public works.
(Prior code § 6.07(2) (part); Ord. O-74-72 § 1, 1974)
All sidewalks hereafter constructed on the sidewalk portion of any improved street in the city of Wauwatosa shall be constructed five feet in width, unless a sidewalk of different width is established therefor by any existing ordinance of the city of Wauwatosa.
(Prior code § 10.12(1))
The standard sidewalk hereby established for such improved streets in the city of Wauwatosa shall be a cement, brick, stone, asphalt, or such modern and improved sidewalk material, other than wood, as the board of public works shall approve and authorize, such sidewalk to be laid upon concrete foundation, sidewalk to be constructed of the width provided in Section 12.20.050, and of such thickness as the board of public works deems necessary to provide a durable and substantial sidewalk where constructed in the city.
(Prior code § 10.12(2))
It shall be the duty of the board of public works to prepare and sign suitable specifications for the construction of standard sidewalks on such improved streets in the city of Wauwatosa which specifications shall be filed in the office of the city clerk and shall control in the construction of sidewalks hereafter constructed on such improved streets in the city.
(Prior code § 10.12(3))
All sidewalks constructed on streets adjoining property classified in the zoning ordinance as neighborhood shopping, business or light manufacturing districts shall be of a width extending from the back of the curb to the lot line.
(Prior code § 10.12(4))
The owner of every lot or tract of land in the city of Wauwatosa, adjoining which there is a sidewalk, is required to keep such sidewalk in good and safe condition to prevent accident, and for each three days of neglect so to do shall forfeit and pay penalty of five dollars together with the costs of prosecution.
(Prior code § 10.13(1))
Whenever any sidewalk in the city of Wauwatosa is, in the opinion of the board of public works of the city, in such an unsafe condition as to require repairing, it shall be the duty of said officers to notify the owner of the property adjoining such sidewalk, as provided in Section 66.0907 of the Wisconsin Statutes to repair the same in a manner to be approved by the board, within three days, and in case any such owner neglects to do so, the board shall immediately cause the same to be repaired and shall certify and return the expense thereof to the city clerk, and such expense is levied upon the property bounded by such sidewalk as a special tax thereon, and the same shall be collected as is provided in Section 66.615 of the Wisconsin Statutes.
(Prior code § 10.13(2); Ord. O-02-1 § 1 (part), 2002)
The laying, removal, replacement, or repair of sidewalks, which have been declared by the board of public works to be unsafe, defective, or insufficient in the city of Wauwatosa, is authorized to be done by and under the supervision of the board of public works without submitting such work to competitive bidding.
(Prior code § 10.13(3))
For the purpose of carrying out the provisions of Sections 12.20.090 to 12.20.130, the board of public works is authorized to hire the necessary workmen and equipment and purchase the necessary materials and equipment required therefor.
(Prior code § 10.13(4))
In the cases authorized by statute, the board of public works is given the authority, at its discretion, to receive bids and let contracts for the construction of new sidewalks when it is deemed to be to the best advantage of the city of Wauwatosa and of the particular property on which the sidewalk abuts.
(Prior code § 10.13(5))
No person, firm, or corporation shall construct any new sidewalk in the city of Wauwatosa without first obtaining a permit from the city engineer.
(Prior code § 10.131(1))
Before the issuance of such permit, a permit fee and inspection fee in accordance with the schedule set forth in Section 12.04.100 shall be paid. The city engineer is hereby authorized to embody in said permit any conditions as he may deem necessary to give full protection to the city.
(Prior code § 10.131 (2); Ord. 72-34 § 1, 1972)
Upon failure to obtain a permit before work has been started, except in emergency cases, the total fees shall be double the fees charged.
(Ord. O-85-52 § 2, 1985)
(Ord. O-88-17 § 1, 1988)
The owner, occupant or person in charge of each and every apartment or building in the city of Wauwatosa, fronting upon or adjoining any street, and the owner or person in charge of any unoccupied building or lot fronting as aforesaid, shall clean the sidewalk in front of or adjoining such apartment or building, or unoccupied lot or building, as the case may be, of mud, dirt, rubbish, filth or other substance to the width of such sidewalk and cause the same to be kept clean of mud, dirt, rubbish, filth or other substance.
(Prior code § 10.14(1-5))
The provisions of Sections 12.24.010 to 12.24.050 shall be enforced by the police department of the city of Wauwatosa.
(Prior code § 10.14(3))
Beginning in the 2022—2023 snow season, in case the provisions hereof are not complied with, the city, by the board of public works, shall cause all ice, snow, mud, dirt, rubbish, filth, or other substance to be removed from such sidewalk, without a written notice to the individual property owner and shall demand payment of the expense of such removal by the occupant of any such occupied premises or of the owner or agent of any such unoccupied premises. If the expense of such removal is not paid forthwith it shall be a tax upon the premises bounded by such sidewalk, to be levied and assessed thereon and collected as provided in Section 66.0907(5), Wisconsin Statutes.
(Prior code § 10.14(4); Ord. O-74-113 § 1, 1974; Ord. O-02-1 § 1 (part), 2002)
It is unlawful for any person, firm, or corporation to throw or put or cause to be thrown or put any snow or ice from private property into any street, avenue or other public place in the city of Wauwatosa.
(Prior code § 10.16(1))
It is unlawful for any person, firm or corporation to throw or put or cause to be thrown or put, any snow or ice on, over, or around a fire hydrant so as to obstruct the view of the hydrant or to cause an obstruction to the connection of fire equipment to the hydrant.
(Prior code § 10.16(2))
Other than the Milwaukee County Bus Rapid Transit, any property owner adjacent to a bus stop shall keep and maintain all bus stops along publicly-owned or operated transportation systems free and clear of an accumulation of snow and ice, within twenty-four hours following any snow fall or accumulation of ice, and cause the same to be kept clear from snow or ice; provided, that when ice is so formed at any street car or bus stop that it cannot be so removed, then the person, firm or corporation herein referred to shall keep the same sprinkled with calcium chloride, sodium chloride, other acceptable deicing materials or sand; provided, also, that in case snow shall continue to fall for more than twenty-four hours, then and in that case it shall be removed immediately after the same shall cease to fall.
(Prior code § 10.17(1))
In case of failure to comply with Section 12.24.100, the city of Wauwatosa through the supervision of the board of public works shall cause all snow and ice to be removed from streetcar and bus stops wherever necessary, and in case the ice is so formed at any streetcar or bus stop that it cannot be so removed, then the city of Wauwatosa through the supervision of the board of public works shall keep the same sprinkled with ashes, sawdust or sand; and charge the cost of such removal or sprinkling to the person, firm or corporation responsible for the maintenance of the streetcar or bus stops. In the event of non-payment the city of Wauwatosa may proceed to enforce payment by civil action.
(Prior code § 10.17(2))
(Ord. O-92-16 § 1, 1992; Ord. O-96-1 § 17, 1996)
"Loading zone" as used in this chapter means and includes that portion of a street adjacent to a curb or property line reserved for the exclusive use of vehicles for the purpose of loading or unloading materials, articles or commodities.
"Site-specific parking" as used in this chapter means and includes specific on-street (or public parking lot) parking requirements which are instituted at the request of an individual property owner or business operator to accommodate a unique situation or circumstance brought about by the use in place at a property located adjacent to the location of the site-specific parking accommodation being requested or approved.
(Prior code § 10.18(1))
(Ord. O-93-29 §§ 1, 2, 1993)
(Prior code § 10.18(3); Ord. 93-29 §§ 3, 4, 1993; Ord. O-96-1 § 16, 1996; Ord. O-01-39 § 1, 2001; Ord. O-04-17 § 1, 2004)
All grades and elevations heretofore fixed and established and all grades and elevations that shall or may be hereafter established in the city of Wauwatosa, are and shall be described by reference to the level of the Milwaukee River, as it was in March, 1836, assumed as a base or datum line, from which elevations and the height of all grades shall be measured in feet, and decimal fractions of a foot. For the purpose of fixing and establishing the level of the base or datum line, it is ordained and declared that the same is one hundred thirty-four and eleven one-hundredths feet below the permanent bench mark upon the water table at the northeast corner of Hardwood Library, at the southwest corner of North Main Street and East Milwaukee Avenue, made for that purpose by the city engineer by order of the common council, and the base line is one hundred twelve and sixty-seven one-hundredths feet below the permanent bench mark upon the stone monument located and set for the like purpose and by like authority on the sidewalk at the southwest corner of Greenfield Avenue, and West Main Street, the top surface of said stone monument being the bench mark last referred to.
(Prior code § 18.01)
The names of the various streets or parts of streets in the city of Wauwatosa shall be in accordance with the official street map of the city, adopted on September 21, 1954, together with any and all changes, additions, and deletions of street names provided by resolutions adopted by the common council subsequent thereto.
(Prior code § 18.02)
The grades or elevations, for the streets hereinafter listed, are hereby fixed and permanently established or reestablished in accordance with the grades set forth on file drawings in the Wauwatosa city engineer's office, said drawings being the construction plans herewith made a part of this chapter, assuming as a base for the elevations the level of the Milwaukee River as it was in the month of March, A.D., 1836.
| Street | Limits | File No. |
| Portland Avenue | Kavanaugh Place to North 76th Street | 15-480 |
| West Fiebrantz Avenue | North 100th Street to North 92nd Street | 15-481 |
| Woodland Avenue | North 124th Street to North 119th Street | 15-482 |
| North 122nd Street | West Walnut Road to West North Avenue | 15-483 |
| Woodside Court | Cul-de-sac West of North 122nd Street to Woodland Avenue | 15-484 |
| West Congress Street | North 94th Street to North 92nd Street | 15-485 |
| North 68th Street | At West North Avenue | 15-487 |
| North 68th Street | West Blue Mound Road to West Wisconsin Avenue | 15-489 |
(§ 1 of Ord. dated August 1, 1972)
The widths of the roadways of the streets listed in Section 12.36.030 between the limits stated are hereby fixed or refixed in accordance with the widths set forth on the file drawings, herewith made a part of this chapter.
(§ 2 of Ord. dated August 1, 1972)
(Ord. O-94-9 (part), 1994)
The chief of police of the city of Wauwatosa is given authorization to issue permits for temporarily detouring users of a specific street for purposes of allowing its use for unusual purposes, such as parades, children's plays, recreational purposes, civic celebration, block parties and other such similar type functions.
(Prior code § 10.085(1); Ord. 72-14 § 1 (part), 1972)
(Ord. O-77-89 § 1, 1977)
Such permit shall not be allowed to unreasonably interfere with the public's right to use such street nor completely prevent access to and from properties located on the street involved.
(Prior code § 10.085(2); Ord. 72-14 § 1 (part), 1972)
Upon the complaint of any person that his rights to use said street are impaired, the chief of police may immediately revoke the permit.
(Prior code § 10.085(3); Ord. 72-14 § 1 (part), 1972)
Any person denied a permit may appeal to the board of public works, who shall have the power to review and issue a permit within its discretion.
(Prior code § 10.085(4); Ord. 72-14 § 1 (part), 1972)
No person, firm or corporation shall encroach upon any city land, right-of-way, and/or easement without authorization of the common council.
(Ord. O-76-17 § 1 (part), 1976)
Prior to encroaching upon any city land, right-of-way and/or easement, an application shall be made to the board of public works, together with a description of the proposed encroachment. A nonrefundable fee as set out in the fee schedule shall be paid to the city treasurer when applying for an encroachment involving a retaining wall or a structure for which a building permit is required. The board of public works is authorized to waive the encroachment fee when in the judgment of the board unusual or extraordinary circumstances exist which justify such waiver.
(Ord. O-78-124 § 1, 1978; Ord. O-96-1 § 15, 1996)
Approval of any encroachment shall be subject to the property owner executing an encroachment agreement which shall be prepared by the city attorney and shall be subject to final approval by the common council after having received a recommendation from the board of public works.
(Ord. O-76-17 § 1 (part), 1976)
Any such encroachment agreement, if approved by the common council, shall be recorded by the city clerk in the register of deeds' office for Milwaukee County.
(Ord. O-76-17 § 1 (part), 1976)
In addition to any other rights the city may have in regard to its land, right-of-way and/or easements, the city may remove any unauthorized encroachment from such land, right-of-way and/or easement and place the cost for such removal as a lien against the abutting property if such encroachment can be reasonably determined to have been caused by such property owner or tenant thereof.
(Ord. O-76-17 § 1 (part), 1976)
The following described public rights-of-way are hereby designated pedestrian ways or malls in accordance with the provisions of Wis. Stats. 66.0905:
(Ord. O-82-28 § 1 (part), 1982; Ord. O-84-44 § 1, 1984; Ord. O-02-1 § 1 (part), 2002)
(Ord. O-82-28 § 1 (part), 1982)
(Ord. O-87-65 § 1, 1987)
No permit to park excavating equipment, construct, install, alter or rebuild plumbing or to engage in or work at plumbing in or near the right-of-way of the city, shall be issued until the applicant for such permit has filed with the city clerk and has been approved by the board of public works the following.
(Ord. O-97-32 § 1 (part), 1997)
The common council of the City of Wauwatosa finds that Wauwatosa'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
The common council of the city of Wauwatosa finds that regulating the amount of contaminants, including polycyclic aromatic hydrocarbons (PAHs) contained in coal tar sealant products and other high PAH sealant products, entering the water resources of the Wauwatosa will improve and protect public health and the water quality of Wauwatosa and neighboring water resources.
"Coal tar" means a byproduct of the process used to refine coal. Coal tar contains high levels of polycyclic aromatic hydrocarbons (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% polycyclic aromatic hydrocarbons (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" means 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)" mean 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 individual so designated by the city administrator.
Violations of this chapter will be enforced by the city of Wauwatosa.
The director may exempt a person from a requirement of this chapter if the director determines that:
The rates, charges and late penalties are those approved and ordered by the State of Wisconsin/Public Service Commission, which rates, charges and late penalties are and by reference made a part of this code as though fully set forth herein. Any future amendments, revisions or modifications of the State of Wisconsin/Public Service Commission order are intended to be made a part of this section.
(Ord. O-04-19 § 1 (part), 2004)
Where a four-inch or larger connection is made to the main for private fire-protection service, such service line may be tapped with a smaller size branch line for general service. This small branch line shall be metered and the water therefrom billed at the regular metered rates, Section 13.04.010.
(Ord. O-04-19 § 1 (part), 2004)
When new customers connect for water service, the connection charge to cover part or all of the cost of the initial water meter, and testing and setting the meter, shall be as shown in the schedule below. Where a change in size of meter is authorized by the water superintendent, an additional charge or refund, as may be appropriate, equal to the difference between the charge for the size meter removed and the size meter installed will apply.
SCHEDULE OF CHARGES
3/4-inch meter—$117.75
One-inch meter—$125.00
Larger sizes—actual cost
(Ord. O-04-19 § 1 (part), 2004)
Flat rates are prohibited.
(Ord. O-04-19 § 1 (part), 2004)
Failure to receive a bill in no way exempts consumers from the provisions hereof.
(Ord. O-04-19 § 1 (part), 2004)
All general water customers are served on a meter basis except as otherwise specifically provided hereby.
(Ord. O-04-19 § 1 (part), 2004)
(Ord. O-04-19 § 1 (part), 2004)
This chapter and the rules herein contained shall be considered a part of the contract with every person who takes water supplied by the water department, and every such person taking water shall be considered as having expressed his consent to be bound thereby, and whenever any one of the rules is violated, the right is reserved to cut off the water without notice, and the water shall not again be turned on without payment of the rates approved by the Wisconsin Public Service Commission for turning the same on again.
(Ord. O-04-19 § 1 (part), 2004)
(Ord. O-04-19 § 1 (part), 2004)
(Ord. O-04-19 § 1 (part), 2004)
On October 15th of each year, notice shall be given by the water department to the owner or occupant of all lots or parcels of real estate to which water has been furnished by the water department prior to October 1st, and payment for which is owing and in arrears at the time of giving such notice. Such notice shall be in writing and shall state the amount of such arrears including any penalty assessed pursuant to the rules of the water department; that unless the same is paid by November 1st thereafter, a penalty of ten percent of the amount of such arrears will be added thereto; and that unless such arrears, with any such added penalty, shall be paid by November 15th thereafter, the same will be levied as a tax against the lot or parcel of real estate to which water was furnished and for which payment is delinquent as above specified. Such notice may be served by delivery to either such owner or occupant personally, or by letter addressed to such owner or occupant at the post office address of such lot or parcel of real estate. On November 16th the water department shall certify and file with the city clerk a list of all lots or parcels of real estate, giving the legal description thereof for which notice of arrears in payment were given as above specified and which arrears still remain unpaid, and stating the amount of such arrears, together with the added penalty thereon as herein provided. Each such delinquent account, including such penalty, shall thereupon become a lien upon the lot or parcel of real estate to which the water was furnished and payment for which is delinquent, and the city clerk shall insert the same as a tax against such lot or parcel of real estate. All proceedings in relation to the collection of general property taxes and to the return and sale of property for delinquent taxes shall apply to the tax if the same is not paid within the time required by law for payment of taxes upon real estate.
(Ord. O-04-19 § 1 (part), 2004)
(Ord. O-04-19 § 1 (part), 2004)
Any person who lays any water service pipe or introduces into or about any building, or on any grounds, any water pipe, or who makes any attachment or any connections whatever with the mains or pipes of the water department, or who prepares any work for such connections, or who does any plumbing work connected with the introduction in or supply of water from the water department, or who makes any repairs, additions to, or alterations of any pipe, tap, stop-cock, water closets, or any other fixtures, connected or designed to be connected with the service water pipe shall be duly licensed to perform said work by the water superintendent and the plumbing inspector of the city of Wauwatosa and shall have first obtained a permit for the doing of such work from the plumbing inspector.
(Ord. O-04-19 § 1 (part), 2004)
Any person desiring to introduce water on his premises must make formal application to the office of the water department, must make payment for tapping and connection charges, and sign an application and or permit constituting a contract for water supplied and its specific use, which contract embodies this chapter as part of the same.
(Ord. O-04-19 § 1 (part), 2004)
(Ord. O-04-19 § 1 (part), 2004)
Each service shall be from a tap provided exclusively for that service, except where special permission is obtained to connect more than one service to a tap. When two or more consumers are served from one tap, a violation of the rules by one of the consumers so served will result in the water being shut off at the stop-cock and the water will not be turned on again until the offending consumer has complied with the rules and paid any penalties and fines that may be assessed.
(Ord. O-04-19 § 1 (part), 2004)
Applications for the original installation of a supply from the city water main, or for any extension or alteration of an existing supply from the curb line, or within the street property line, shall be filed by the owner of the property or an authorized agent therefore for the approval of the water superintendent prior to the performance of any such work. If a master plumber, or the owner, makes such application, he shall provide, fully and truly, the legal description of the property, the street location, the officially designated building number, the size and character of the supply pipe, and the fixtures or appliances to be supplied, noting, particularly, any special refrigeration or air conditioning water-consuming appliances.
(Ord. O-04-19 § 1 (part), 2004)
(Ord. O-04-19 § 1 (part), 2004)
Consumers taking water for supplying boilers for generating steam or for other general use and depending upon the water main pressure for supply shall do so at their own risk, and the utility shall not be liable for any damage because of lack of pressure or failure of supply.
(Ord. O-04-19 § 1 (part), 2004)
The water cannot be turned on for a consumer except by a duly authorized employee of the utility. When a plumber has completed a job he must leave the water turned off. This does not prevent a plumber from testing his work.
(Ord. O-04-19 § 1 (part), 2004)
(Ord. O-04-19 § 1 (part), 2004)
Utility permission for the use of hydrants applies only to such hydrants as are specifically designated for use by the utility, and only to the specific uses so designated. Unauthorized use of, tampering with or damage to city of Wauwatosa fire hydrants is subject to the general penalty provisions of this code.
(Ord. O-04-19 § 1 (part), 2004)
(Ord. O-04-19 § 1 (part), 2004)
(Ord. O-04-19 § 1 (part), 2004)
In all cases, service pipe materials must conform to the standards established in Wisconsin Administrative Code Section Comm 84, Plumbing Products.
(Ord. O-04-19 § 1 (part), 2004)
(Ord. O-04-19 § 1 (part), 2004)
(Ord. O-04-19 § 1 (part), 2004)
When a permit for a tap is used for building purposes, the service must be carried to the inside of the curb line and when the building is completed the service must be taken up, tap drawn, and the main plugged, unless it is required to be extended to supply the building, in which case application must be made in the usual manner of extension.
(Ord. O-04-19 § 1 (part), 2004)
No corporation valve shall be entered in any premises where a corporation valve has been previously inserted, or water conveyed for the purpose of giving an increased or additional supply, except in conformity with and subject to the rules and regulations of the water department. Nor shall any two corporation valves be entered in any of the distributing mains within a less distance than four feet from each other; nor shall any change of corporation valves he made to any premises until the corporation valve previously used shall have been drawn, and the opening where such corporation valve was inserted shall have been stopped with a brass plug, at the expense of the party asking for such change. Plumbers making any repairs to hydrants or other fixtures attached to the water system, where water has been shut off by reason of such needed repairs, shall give to the owner or occupant of the premises a written certificate that such fixture has been properly repaired, otherwise the water shall not again be let on and no plumber shall, after making such repairs, leave the stop open and the water on.
(Ord. O-04-19 § 1 (part), 2004)
Original meters shall be furnished and placed by the utility and are not to be disconnected or interfered with. All meters shall be so located that they shall be preserved from obstruction and allow easy access thereto for reading and inspection, such location to be designated by the water superintendent. All piping within the building must be supplied by the owner.
(Ord. O-04-19 § 1 (part), 2004)
Outside meter attachments shall be furnished and installed by the utility at the request of any customer for such type of a meter. The utility shall designate the location of the outside meter attachment. The customer shall not disconnect or interfere with an outside meter attachment after same has been installed by the utility.
(Ord. O-04-19 § 1 (part), 2004)
All the water used on any premises where meters are attached, except water used for fire protection, must pass through the meter, and all meters must be placed where they are secure from frost and injury and must be at all times accessible to the water superintendent or any person delegated by him.
(Ord. O-04-19 § 1 (part), 2004)
No water meter shall be connected with the water supply pipes of any premises or building until such meter shall have been tested and approved under the directions of the water superintendent.
(Ord. O-04-19 § 1 (part), 2004)
If, from any cause, the meter or indicator breaks or fails to indicate the amount of water consumed for any quarterly period, the parties using the water must pay for such quarterly period as billed pursuant to Section 13.04.160.
(Ord. O-04-19 § 1 (part), 2004)
The cost of repairs and replacement of meters occasioned by ordinary wear and tear shall be borne by the utility, except for additional meters desired by the owner or consumer which shall be furnished, repaired and replaced at the expense of such owner or consumer.
(Ord. O-04-19 § 1 (part), 2004)
Water meters provided to customers of the water utility are in the custody and control of the owner of the premises being serviced and it shall be presumed that any damage to the meter while on the premises is caused by the owner of the premises through neglect, carelessness or failure to provide adequate protection for such meter. The owner of the premises shall be responsible for damage to such meter and costs related to repairs resulting from such damage. The owner of the premises having water service shall not allow or permit tampering with such meter or water service for the purpose of obtaining water without an accurate flow being recorded.
(Ord. O-04-19 § 1 (part), 2004)
When the utility has reasonable evidence that a consumer is obtaining his supply of water, in whole or in part by means of devices or methods used to stop or interfere with the proper metering of the utility service being delivered to his equipment, the utility reserves the right to estimate and present immediately a bill for service unmetered as a result of such interference, and such bill shall be payable subject to a twenty-four hour disconnection of service. When the utility has disconnected the consumer for any such reason, the utility will reconnect the consumer upon the following conditions:
(Ord. O-04-19 § 1 (part), 2004)
If a consumer demands that a test be made of his meter in addition to the periodic testing or upon installation, the utility shall promptly make an accuracy test without charge of any metering installation upon request of the customer if twenty-four months or more have elapsed since the last complaint test of the meter in the same location. If less than twenty-four months have elapsed, an amount equal to one-half the estimated cost of the meter test shall be advanced to the utility by the customer. Said amount shall be refunded if the test shows the meter to be over registering by more than two percent and a proportionate adjustment shall be made in past bills. A report giving the results of such test shall be made to the customer and a complete original test record shall be kept on file in the office of the utility. Upon request, the test shall be made in the presence of the customer during normal business hours.
(Ord. O-04-19 § 1 (part), 2004)
(Ord. O-04-19 § 1 (part), 2004)
Frozen services shall be thawed by and at the entire expense of the utility except where the customer has been notified in advance of a corrective measure to follow or the freezing was caused by contributory fault or negligence on the part of the customer, such as reduction of the cover or undue exposure of the piping in the building or on the customer's property, or failure to comply with the water department specifications and requirements as to depth of service or sufficient backfill.
(Ord. O-04-19 § 1 (part), 2004)
The consumer shall protect the stop box on the property and shall keep the same free from dirt and other obstruction. The utility shall not be liable for failure to locate stop box and shut off water in case of a leak on the consumer's premises.
(Ord. O-04-19 § 1 (part), 2004)
The utility reserves the right to shut off the water in the mains temporarily to make repairs, alterations, or additions to the plant system. When the circumstances will permit of sufficient delay, the utility will give notification by newspaper publication, or otherwise, of the discontinuance of the supply. No rebate or damages will be allowed to consumers for such temporary suspension of supply.
(Ord. O-04-19 § 1 (part), 2004)
(Ord. O-04-19 § 1 (part), 2004)
If the drip or waste from any private hydrant becomes a nuisance to the adjacent property, or overruns the sidewalk, and freezing becomes dangerous in winter, the supply will be shut off at the connection point to the city water main, and kept off until the leak is satisfactorily corrected.
(Ord. O-04-19 § 1 (part), 2004)
No person shall enter a claim for damage against the city of Wauwatosa as a water utility, or any officer thereof, for damage to any pipe, fixture, or appurtenance by reason of interrupted water supply, or variation of pressure, or for damage of any nature whatsoever caused by the turning off, or turning on, either wholly or partially, of the water supply for the extension, alteration, or repair of any water main or premises supply, or for the discontinuance of the premise water supply for the violation of any rule or regulation of the water department. No claim will be allowed against the city on account of the interruption of the water supply caused by the breaking of pipes or machinery, or by stoppage for repairs, on account of fire or other emergency; and no claims shall be allowed for any damage by the breakage of any pipe or machinery.
(Ord. O-04-19 § 1 (part), 2004)
In all cases where the water has been turned off for violation of these rules by order of the water department it shall not be turned on again until the cause for which the water was turned off has been removed and all penalties and charges in accordance with the rate structure approved by the Wisconsin Public Service Commission have been paid in full, together with such forfeiture as may be imposed, shall have been paid. If it is found that the water has been turned on again without compliance with the above requirements, it is lawful for the water department to cause the connection to be drawn, and it shall not be inserted again until the payment of the appropriate fee for drawing and replacing the connection.
(Ord. O-04-19 § 1 (part), 2004)
Any person, except the regularly authorized agent of the water superintendent, who taps any main distributing pipes, or inserts any stop-cocks or connection point therein, or who digs up or molests the same, or who interferes or meddles with any meter or indicator, or who turns off or on, or attempts to turn off or on, any stop-cock or gate connected with the water system and located on any street or sidewalk in the city, shall be subject to the general penalty provisions of the code.
(Ord. O-04-19 § 1 (part), 2004)
Any person who in any way uses or takes any water for private use, or for flushing any sewer or settling any ditch filling, or who uses any water for building purposes without first having obtained a permit from the water department for such use of water shall be subject to the general penalty provisions of the code.
(Ord. O-04-19 § 1 (part), 2004)
Any person, who, without authority of the water superintendent, operates any valve connected with the street or supply mains, or opens any fire hydrant connected with the distribution system, except for the purpose of extinguishing fire, or who wantonly injures or impairs the same, upon conviction thereof, shall be subject to the general penalty provision of the code.
(Ord. O-04-19 § 1 (part), 2004)
Any person, except duly authorized parties, who opens any fire hydrant, or any person who sells or gives away water for any object or purpose without permission, or who willfully obstructs access to any fire hydrant, stop-cock, or gates connected with the water pipes by placing any building materials, rubbish, substance, or other hindrance, or who willfully places or deposits any dirt or other material in any stop-cock shall be subject to the general penalty provisions of the code.
(Ord. O-04-19 § 1 (part), 2004)
Any person who in any manner injures or impairs the efficiency of any well, reservoir, or stand pipe of the water system of the city of Wauwatosa, as sources of the water supply, or who in any manner defaces any of the same or any other building or property belonging to and a part of the water system of the city of Wauwatosa, or who in any way or by any means pollutes or injures the water therein, shall be subject to the general penalty provisions of the code.
(Ord. O-04-19 § 1 (part), 2004)
Any owner of lots, tracts, or parcels of land on that portion of either West North Avenue, North 83rd Street, Ludington Avenue or Kenyon Avenue, in the city of Wauwatosa, along which water mains have been laid by Milwaukee County, under permit of the common council of the city of Wauwatosa, heretofore granted and approved, on the twenty-fourth day of July, 1908, who desires to connect with the water main for supplying water to his premises, shall and is permitted to make such connections, subject to the following conditions, and not otherwise.
(Prior code § 12.03(1))
(Prior code § 12.03(2))
The application shall be executed by the applicant in presence of two witnesses, shall be acknowledged by the said applicant before a notary public, and the same shall be recorded in the office of the register of deeds of Milwaukee County, Wisconsin, and the application shall be so drawn as to provide that the conditions therein expressed and set forth shall be and constitute a lien upon the premises therein described for the payment of the cost of such service water main and for all water charges accruing by reason of such water connection for water supplied through the same at the rates provided to be paid for water furnished by the city.
(Prior code § 12.03(3))
The city clerk is directed to cause to be forth-with prepared and kept on hand a supply of application blanks for the purpose of carrying into effect the provisions of Sections 13.08.010 to 13.08.030.
(Prior code § 12.03(4))
Any person, firm, or corporation permitted to connect with the county water main on any part of any street where the city of Wauwatosa maintains a water main, may also connect his or its dwelling place, place of business or other property with the water main maintained by the city of Wauwatosa and use water therefrom.
(Prior code § 12.03(5))
Any owner of any lot or parcel of land situated in Sanderson's Subdivision, in the southwest quarter of Section 21, Town 7 North, Range 21 East, in Block 2, Sanderson's Subdivision, including Lots 1, 2, 3, 4, 5, 19, 20, and 21, Block 2, Sanderson's Subdivision now vacated, who may hereafter desire to connect with the water main of the city of Wauwatosa, shall first obtain a permit thereof which shall be granted only upon the payment of one-half the cost of a six-inch water main in front of such lot or parcel of land.
(Prior code § 12.04)
All structures used or intended to be used for human habitation located upon a parcel of land abutting any public right-of-way or easement wherein is located a water main, which main is a part of the city of Wauwatosa water utility system, shall be connected therewith in the manner prescribed by the board of public works unless such structure is served by a private well, in which case connection shall be made to such water main within two years from the effective date of this section, provided, however, that if such well is less than five years old as of such abovementioned date, connection may be deferred, but, in any event, shall be made no later than five years from the date of installation of such well.
(Prior code § 12.05(1))
All structures used or intended to be used for human habitation located upon a parcel of land abutting any public right-of-way or easement wherein a water main, which main is a part of the city of Wauwatosa water utility system, is constructed after the effective date of this section shall be connected therewith in the manner prescribed by the board of public works within two years after the date water is available from such main, provided, however, that if the private well supplying water to such structure is less than five years old as of such abovementioned date, connection may be deferred, but, in any event, shall be made no later than five years from the date of installation of such well.
(Prior code § 12.05(2))
The following standards shall be applied in determining date of required connection to water mains:
(Prior code § 12.05(3))
All private wells shall, within ninety days after connection to the city water supply, be permanently abandoned, and the owner or owners thereof shall fill and seal such well in such manner as to prevent it from acting as a channel for contamination or vertical movement of water by one of the methods set forth in Section 13.08.200 or any other method approved of by the Wisconsin State Board of Health, unless the owner or owners, as the case may be, shall obtain a well operation permit within such ninety days from the city of Wauwatosa.
(Prior code § 12.05(4) (part))
Private wells used in conjunction with nonresidential structures shall not be cross-connected with the municipal water supply system and from and after connection to the municipal water supply system as herein required water to the extent used for drinking or food preparation purposes in structures intended for or used for human habitation shall be supplied from the city of Wauwatosa water utility system.
(Prior code § 12.05 (4) (b)
Any person, firm or corporation causing or permitting a cross connection between the municipal water supply system and the piping of a private well water supply system, shall upon conviction be subject to the general penalty provisions of the code for each and every violation thereof, and each twenty-four-hour period during which a violation exists shall be deemed and constituted a separate offense.
(Ord. O-88-43 § 1, 1988)
Any person desiring to disconnect a water service from the Milwaukee county water main shall make written application for such disconnection upon the form provided to the city of Wauwatosa water superintendent.
(Prior code § 12.10(1))
If such application is approved, the disconnection shall be accomplished by the removal of the water meter and capping of the service piping at the point of entry to the home.
(Prior code § 12.10(2))
Any person desiring to disconnect the water service from the Wauwatosa water utility system and retain a connection to the Milwaukee county water main shall submit such request in writing to the board of public works setting forth the reasons for the request. If the board of public works finds that there are unusual circumstances and unnecessary hardship involved in disconnecting from the county system, it may grant such request upon such terms and conditions as it deems necessary.
(Prior code § 12.10(3))
Any person desiring to disconnect a water service to an abandoned building or a building which will be demolished shall make application for such disconnection upon the form provided to the city water superintendent, and such application shall be approved provided that unused service piping to the abandoned building or to a building which has been demolished shall be capped at the corporation connection, at the water main or at the discretion of the water superintendent. All work to be done by a licensed plumber.
(Prior code § 12.10(4))
All persons, firms and corporations owning any structures located upon a parcel of land abutting any public right-of-way or easement wherein is located a water main, which main is a part of the city of Wauwatosa water utility system, shall be connected to such water main in the manner prescribed by the board of public works and shall be using the water of the city of Wauwatosa water utility system by no later than May 1, 1970.
(Prior code § 12.11(1))
In the event any person, firm or corporation fails to connect to a water main as provided in Section 13.08.280 the city shall cause such connection to be made and the expense thereof shall be assessed as a special tax against the property as provided under the ordinances of the city and the statutes of the state of Wisconsin.
(Prior code § 12.11(2))
In the event any person, firm or corporation fails to use the water of the city of Wauwatosa water utility as provided in Section 13.08.280, such person, firm or corporation shall be deemed to have violated Section 13.08.280 and upon conviction shall be punished by a fine of not less than ten dollars nor more than two hundred dollars, together with the costs of prosecution and in default of payment thereof to imprisonment in the house of correction for a period not exceeding sixty days.
(Prior code § 12.11(3))
"Back pressure" means a pressure greater than the supply pressure that may cause backflow.
"Back siphonage" means the creation of a backflow as a result of negative pressure.
"Backflow" means the unwanted reverse flow of liquids, solids or gases.
"Cross connection" means a connection or potential connection between any part of the municipal water supply system and the piping from another environment in a manner that, under any circumstances, would allow substances from the other environment to enter the municipal water supply system by means of back siphonage or back pressure.
"Cross connection control device" means any mechanical device which automatically prevents backflow from a contaminated source into a potable water supply system.
"High hazard" means a situation where the municipal water supply system could be contaminated with a toxic substance or solution so as to make the water unsuitable for the designated use.
"Low hazard" means a situation where the municipal water supply system could be contaminated with a nontoxic substance or solution so as to make the water unsuitable for the designated use.
"Municipal water supply" means the municipal water supply system owned and operated by the Wauwatosa Water Utility.
"Potable" means relating to water that does not contain objectionable pollution, contamination, minerals, or infective agents and is considered satisfactory for domestic consumption.
(Ord. O-10-01, § I, 1-5-2010)
(Ord. O-10-01, § I, 1-5-2010)
The Wauwatosa Water Utility shall have the power and authority to inspect all properties served by the public water system where cross connections with the public water system are deemed possible. The frequency of inspections and re-inspections based on potential health hazards involved shall be as established by the Wauwatosa Water Utility and shall be in accordance with Section NR 811.09, Wisconsin Administrative Code.
(Ord. O-10-01, § I, 1-5-2010)
A representative of the Wauwatosa Water Utility shall have the power and authority at all reasonable times, for any proper purpose, to examine any property served by a connection to the public water system of the City of Wauwatosa for cross connections. If entry is refused, such representative may obtain a special inspection warrant under Wisconsin Statutes 66.0119. A copy of any testing conducted on any backflow preventer shall be provided to the Wauwatosa Water Utility.
(Ord. O-10-01, § I, 1-5-2010)
The owner of any property served by the municipal water system shall, upon request of an inspector, furnish any pertinent knowledge or information that the owner may have regarding the piping system on the owner's property.
(Ord. O-10-01, § I, 1-5-2010)
The utility is hereby authorized and directed to discontinue water service to any property wherein any connection in violation of this section exists and to take such other precautionary measures deemed necessary to eliminate any damage of contamination of the public water system. Water service shall be discontinued if the means of backflow prevention required by the utility is not installed, tested, maintained, and repaired in compliance with this ordinance and Wisconsin Administrative Code NR 811 or if it is found that the means of backflow prevention required by this chapter has been removed or bypassed. Water service shall be discontinued only after reasonable notice and opportunity for hearing.
(Ord. O-10-01, § I, 1-5-2010)
If it is determined by the utility that a cross connection or emergency endangers public health, safety or welfare and requires immediate action, service may be immediately discontinued. The owner, lessee, or occupant shall have an opportunity for hearing before the board of public works, within fourteen days of such emergency discontinuance.
(Ord. O-10-01, § I, 1-5-2010)
Water service to any property discontinued under the provisions of this chapter shall not be restored until the cross connection has been eliminated or a backflow prevention device approved by the utility has been installed in compliance with the provisions of this section. The utility shall charge fees as approved by the State of Wisconsin Public Service Commission for the reconnection of the water service.
(Ord. O-10-01, § I, 1-5-2010)
If the owner or occupant fails to discontinue the cross connection after reasonable notice, the water superintendent shall, in additional to discontinuing water service to the premises, inform the Wauwatosa Health Department and the chief building inspector that the owner or occupant has failed to comply with the notice.
(Ord. O-10-01, § I, 1-5-2010)
In addition to other remedies provided above, violations of this chapter shall be subject to the general penalty provisions of this code.
(Ord. O-10-01, § I, 1-5-2010)
Wisconsin Administrative Comm 82 is hereby adopted, except any penalty provisions therein, Wisconsin Administrative Code NR 811 is hereby adopted.
(Ord. O-10-01, § I, 1-5-2010)
This section does not supersede the State of Wisconsin Plumbing Code, Comm 81-87, or the City of Wauwatosa Plumbing Code contained in Chapter 15 of the Wauwatosa Municipal Code, but is supplementary to them.
(Ord. O-10-01, § I, 1-5-2010)
Any owner of any lot or parcel of land situated in the city of Wauwatosa, having a private well system which furnishes his water supply as of the date of the passage of the ordinance codified in this section, shall be permitted to have the payment of the special assessment charge for laying a water main fronting or abutting his lot or parcel of land, deferred, upon adoption of a resolution by the common council deferring such special assessment charge, and subject to the provisions of Sections 13.12.020 and 13.12.030.
(Prior code § 12.06(1))
If any owner of any lot or parcel of land hereinabove mentioned may hereafter desire to connect onto the water main of the city of Wauwatosa, he shall first obtain a permit thereof from the superintendent of the water department which shall be granted only upon the payment of a special assessment charge for such water main in front of or abutting his lot or parcel of land.
(Prior code § 12.06(2))
In any event such deferred payment shall be limited to a period of not exceeding ten years from the date of the passage of the ordinance codified in this section, and such special assessment charge is to be made within such period of time.
(Prior code § 12.06(3))
The provisions and regulations contained in the Wisconsin State Well Construction and Pump Installation Code, adopted by the State Board of Health and such rules and regulations as may be adopted by said board or may be adopted by the common council or board of public works of the city of Wauwatosa, shall extend over and govern all well constructions and pump installations in the city of Wauwatosa.
(Prior code § 12.07(1))
Any person who constructs a well or installs pumps intended or used for supplying water for human consumption, shall obtain a permit to perform said work from the superintendent of the waterworks of the city of Wauwatosa.
(Prior code § 12.07(2))
No permit shall be issued to a well driller or a pump installer who has been notified in writing of a violation of this code and who has failed to make the changes as ordered, by the superintendent of the waterworks.
(Prior code § 12.07(3))
Permit fees shall be as follows:
(Prior code § 12.07(4))
(Prior code § 12.07(5))
(Prior code § 12.07(6))
It is unlawful for any person to obstruct, block or halt any drainage course, ditch, or conduit, located on his property which serves as a means to carry off stormwater.
(Prior code § 12.08(1))
In the event that such drainage course, ditch, or conduit, is obstructed, blocked, or halted, due to construction activities or for any other reason, the person causing the same shall reroute such drainage course, ditch, or conduit, either by an open ditch or pipe, subject to the approval of the city engineer.
(Prior code § 12.08(2))
It is unlawful for any person, firm, or corporation to obstruct, block, or halt any drainage course, ditch, or conduit, which serves as a means to carry off storm water, in, upon, or along any street or alley within the city of Wauwatosa.
(Prior code § 12.08(4))
In the event that any drainage course, ditch, or conduit is obstructed, blocked or halted as provided in Section 13.16.040, the city engineer shall serve a written notice upon the person, firm, or corporation causing the same, to eliminate such unlawful condition within five days of the date of such notice.
(Prior code § 12.08(5))
In case of the neglect or refusal by such person, firm, or corporation to comply with the requirements of the notice referred to in Section 13.16.050, the city engineer shall, either through any available public agency or by contract or arrangement with private persons, eliminate such unlawful condition, in which case the cost of such work shall be charged to the person, firm, or corporation neglecting or refusing to comply with the requirements of Section 13.16.050 and shall become a lien against the real estate owned by such person, firm, or corporation fronting or abutting the location where such work is performed, and as assessed and collected as a special tax in addition to the fine or penalty as provided herein.
(Prior code § 12.08(6))
In the event that the city engineer finds and determines that an emergency exists which requires immediate elimination of such unlawful condition as provided in Section 13.16.040, he shall proceed forthwith, either through any available public agency or by contract or arrangement with private persons, to eliminate such unlawful condition, in which case the cost of such work shall be charged as provided in Section 13.16.060.
(Prior code § 12.08(7))
Upon presentation to the city clerk of a list of delinquent water and meter repair bills incurred during the preceding twelve months by Milwaukee waterworks consumers, submitted by the Milwaukee waterworks, on or before November 1st of each year, and the city treasurer shall pay to the Milwaukee waterworks the lump sum of such total delinquency.
(Prior code § 12.09(1))
The amounts of delinquent water and meter repair bills shall therefore become liens on the real estate to which water was furnished or upon which meters were repaired, and shall be inserted in the tax roll as delinquent taxes against the property involved and shall be collected, all in accordance with Section 13.04.180 of this title.
(Prior code § 12.09(2))
Except as otherwise herein provided, all houses, buildings, automobile house trailers and structures used or intended for use for human habitation and located and adjacent to a sanitary sewer or any block through which the city's system of sewerage extends are required to connect therewith in the manner prescribed by the health commissioner. If any person fails to comply for more than ten days after notice in writing, the city may cause the connection to be made and the expense thereof shall be assessed as a special tax against the property upon which the house, building, trailer or structure is located.
(Prior code § 5.04(1) (a))
Connection to the city's sanitary sewer system may be deferred upon request of the owner or occupant of a house, building, trailer or structure located adjacent to such sewerage system if, in the opinion of the city engineer, based on past experience, there is a probability of overflow in and backing up of sewerage in such system and further that the septic system located on the property for which deferment request is made has operated in a substantially satisfactory manner prior to the date of request for deferment. The probability of overflow and backup shall be deemed to exist for purposes of this section if such has occurred more than one time per year during the immediately preceding two years. A septic system shall be deemed to be operating in a substantially satisfactory manner if effluent therefrom does not flow across the surface of the ground. Deferment may be granted for such period of time as shall be deemed required by the city engineer, but not to exceed two years at any one time.
(Prior code § 5.04(l)(b))
The owner of any property against which the cost of connection is assessed as a special tax may, within thirty days after completion of the work, file a written option with the city clerk stating that he cannot pay such amount in one sum and asking that it be levied in not more than five equal installments, and the amount shall be so collected with interest at the rate of six percent per year from the date of completion of the work.
(Prior code § 5.04(l)(c))
(Prior code § 5.04(3)
The wastewater of this municipality is collected and treated in whole or in part by the wastewater system operated by the sewerage commission of the city of Milwaukee ("commission") on behalf of itself, the Metropolitan Sewerage Commission of the County of Milwaukee ("metropolitan commission") and the Metropolitan Sewerage District of the County of Milwaukee ("district"). The purpose of this chapter is to enable this municipality to establish and collect from users within the municipality those charges which represent the proportionate contribution by such users both to the cost of operating and maintaining the system and that part of the cost of past and future capital improvements in the system not defrayed by an ad valorem tax on real property. Such charges are required to enable the district to become and remain eligible for federal grants for wastewater facility capital improvements.
(Ord. O-83-46 § 1 (part), 1983)
(Ord. O-83-46 § 1 (part), 1983)
There is imposed a charge on each user in this municipality who discharges wastewater, directly or indirectly, into the wastewater system operated by the commission. Such charge shall be in the amount specified below for the various classes of users.
(Ord. O-83-46 § 1 (part), 1983)
The local user charge system shall generate adequate annual revenues to pay costs of annual operation and maintenance including replacement associated with financing the collection system which this municipality may be ordinance designated to be paid by the local user charge system. That portion of the total local user charge which is designated for operation and maintenance, including replacement of the collection system, shall be established by this chapter.
(Ord. O-83-46 § 1 (part), 1983)
There is imposed a local capital recovery ("LCR") charge on each industrial user in this municipality whose function is described by the Standard Industrial Classification ("SIC") Division D ("LCR User"). The LCR charge shall be in the amount specified below for the various classes of LCR users:
(Ord. O-83-46 § 1 (part), 1983)
There is imposed an industrial cost recovery (ICR) charge on each ICR user (as defined in District Rules and Regulations, Article XVII) in this municipality. The ICR charge shall be in the amount specified below for the various classes of ICR users:
(Ord. O-83-46 § 1 (part), 1983)
User, LCR and ICR charges shall be billed on a quarterly basis. Payment of such bills shall be made within fifteen days after mailing by the municipality. In the event that such bill is not paid when due, a late charge of one and one-half percent per month shall be added thereto. This late-payment charge will be applied to the total unpaid balance for service, including unpaid late payment charges.
(Ord. O-83-46 § 1 (part), 1983; Ord. O-02-1 § 1 (part), 2002)
In addition to the charges imposed pursuant to Sections 13.28.010 through 13.28.060 above, with respect to the wastewater system of the commission, this municipality is also empowered pursuant to Section 66.0821(4)(a) of the Wisconsin Statutes to establish and impose sewer charges necessary to meet the capital and operating and maintenance expenses of its local sewer system. Such charges are imposed and governed by Section 13.28.080 infra. The ordinance codified in this chapter shall not replace and repeal any other ordinances except to the extent of direct conflict therewith.
(Ord. O-83-46 § 1 (part), 1983; Ord. O-02-1 § 1 (part), 2002)
The common council of this municipality shall review the local user charge system on an annual basis and revise the local user charge rates as necessary to ensure the system generates sufficient revenues to pay the costs of operation and maintenance, including replacement, and that the system continues to provide for the proportional distribution of operation and maintenance including replacement costs among users and user classes. The common council shall establish the local sewer charge rate based upon the above costs, including, but not necessarily limited to, sewer cleaning; repair and replacement; inspection; rehabilitation; meter reading and maintenance; clerical, engineering and billing expenses and records; past and future debt service payments of the capital expenditures of the sewer system; and other justifiable administrative expenses.
(Ord. O-83-46 § 1 (part), 1983)
(Ord. O-83-46 § 1 (part), 1983)
All new buildings shall have a new lateral installed. For existing buildings, any building project in excess of $100,000.00 shall cause the building lateral to be replaced. In lieu of the above new lateral installation, the existing lateral may be reused if it is inspected and passes pressure testing requirements as established by the board of public works.
Wis. Stats. 59.065 requires that every governmental unit is responsible for the regulation of private sewage systems as defined in Wis. Stats. 145.01, and although there is only one property in the city of Wauwatosa having a private sewage system, the city is obligated to provide regulation for this private sewage system and for this purpose this chapter is adopted.
(Ord. O-82-3 § 1 (part), 1982)
This chapter shall be subject to the provisions of Chapter 145 Wis. Stats. and all subsequent rules and regulations promulgated thereunder regarding private sewage systems. Such statute is adopted and shall be applied to any private sewage system located within the city of Wauwatosa. This chapter shall not be more lenient or stringent than the rules and regulations promulgated pursuant to Chapter 145 Wis. Stats.
(Ord. O-82-3 § 1 (part), 1982)
(Ord. O-82-3 § 1 (part), 1982)
The city plumbing inspector shall act as the issuing agent and is assigned the duties of administering the private sewage system program.
(Ord. O-82-3 § 1 (part), 1982)
(Ord. O-82-3 § 1 (part), 1982)
(Ord. O-82-3 § 1 (part), 1982)
(Ord. O-82-3 § 1 (part), 1982)
The issuing agent shall investigate violations of the private sewage system ordinance and 146.13 Wis. Stats., issue orders to abate the violations and submit orders to the city attorney, district attorney, or attorney general for enforcement.
(Ord. O-82-3 § 1 (part), 1982)
Violation of this chapter is subject to the provisions of Wis. Stats. 66.0113.
(Ord. O-82-3 § 1 (part), 1982; Ord. O-02-1 § 1 (part), 2002)
The issuing agent shall perform other duties regarding private sewage systems as considered appropriate by the city or as required by the rules of the department.
(Ord. O-82-3 § 1 (part), 1982)
This title shall provide the city of Wauwatosa with rules and regulations to improve public safety by promoting the control of fire hazards; regulating the installation, use and maintenance of equipment; regulating the use of structures, premises, and open areas; providing for the abatement of fire hazards; establishing the responsibilities and procedures for code enforcement; and setting forth the standards for compliance and achievement of these objectives.
This title hereby adopts by reference the most current National Fire Protection Association (NFPA) and International Code Council (ICC) codes as adopted in Administrative Code provisions by the State of Wisconsin Department of Safety and Professional Services ("DSPS"). Not less than one copy of these adopted codes and standards shall be on file and available at the Fire Prevention Bureau, Wauwatosa Fire Department, and at the City of Wauwatosa Building and Safety Division, located in the Wauwatosa Civic Center. Relevant Administrative Code provisions of the State of Wisconsin relating to fire prevention as they now exist and as such codes are from time to time amended by the DSPS are adopted by reference as part of this title as though fully set forth herein, and violations of any provisions of state codes relating to fire prevention shall constitute a violation of this title.
| NFPA 10, 1990 | - Standards for Portable Fire Extinguisher | |
| NFPA 11, 1994 | - Standard for Low Expansion Foam | |
| NFPA 12, 1994 | - Standard for Carbon Dioxide Extinguishing System | |
| NFPA 12A, 1992 | - Halon 1301 Fire Extinguishing System | |
| NFPA 12B, 1990 | - Standard on Halon 1211 Fire Extinguishing Systems | |
| NFPA 13, 1994 | - Installation of Sprinkler Systems | |
| NFPA 13D, 1994 | - Installation of Sprinkler Systems in One-and Two-Family Dwellings and Mobile Homes | |
| NFPA 13R, 1991 | - Installation of Sprinkler System in Residential Occupancies up to Four Stories in Height | |
| NFPA 14, 1993 | - Installation of Standpipe and Hose Systems | |
| NFPA 15, 1990 | - Water Spray Fixed System for Fire Protection | |
| NFPA 16, 1991 | - Deluge Foam—Water Sprinkler and Foam-Water Spray System | |
| NFPA 16A, 1994 | - Installation of Closed-Head Foam Water Sprinkler | |
| NFPA 17, 1990 | - Dry Chemical Extinguishing System | |
| NFPA 17A, 1990 | - Wet Chemical Extinguishing System | |
| NFPA 20, 1990 | - Centrifugal Fire Pumps | |
| NFPA 33, 1989 | - Spray Applications Using Flammable and Combustible Materials | |
| NFPA 34, 1989 | - Dipping and Coating Processes Using Flammable and Combustible Liquids | |
| NFPA 37, 1994 | - Stationary Combustion Engines and Gas Turbines | |
| NFPA 43A, 1990 | - Storage of Liquid and Solid Oxidizing Materials | |
| NFPA 43B, 1993 | - Storage of Organic Peroxide Formulations | |
| NFPA 43C, 1986 | - Storage of Gaseous Oxidizing Materials | |
| NFPA 43D, 1986 | - Storage of Pesticides in Portable Containers | |
| NFPA 45, 1991 | - Laboratories Using Chemicals | |
| NFPA 50, 1990 | - Bulk Oxygen Systems at Consumer Sites | |
| NFPA 50A, 1989 | - Gaseous Hydrogen Systems at Consumer Sites | |
| NFPA 50B, 1989 | - Liquefied Hydrogen Systems at Consumer Sites | |
| NFPA 51, 1992 | - Design Installation of Oxygen Fuel Gas System for Welding, Cutting and Allied Processes | |
| NFPA 51B, 1994 | - Fire Prevention in Use of Cutting and Welding Processes | |
| NFPA 55, 1993 | - Storage, Use and Handling of Compressed and Liquefied Gases in Portable Cylinders | |
| NFPA 59A, 1994 | - Production, Storage and Handling of Liquefied Natural Gas (LNG) | |
| NFPA 65, 1987 | - Processing and Finishing of Aluminum | |
| NFPA 69, 1992 | - Explosion Prevention Systems | |
| NFPA 80, 1992 | - Fire Doors and Windows | |
| Chapter 15 | - Care and Maintenance | |
| NFPA 81, 1986 | - Fur Storage, Fumigation and Cleaning | |
| Chapter 4 | - Fire Protection | |
| Chapter 8 | - Fumigation | |
| Para. 12-8 | - Fire Control | |
| 12-8.2 | - Extinguishers | |
| 12-8.2.1 | - Extinguishers, Type and Number | |
| 12-8.3 | - Fire Extinguishing System | |
| 12-8.4 | - Detection and Alarm | |
| 12-8.5 | - Smoking | |
| NFPA 82, 1994 | - Incinerator, Waste and Linen Handling Systems and Equipment | |
| Chapter 3 | - Waste Chutes and Handling Systems and Equipment | |
| Para. 3-2.5 | - Chute Automatic Sprinklers | |
| 3-2.6 | - Chute Room Automatic Sprinklers | |
| 3-3.2 | - Automatic Sprinklers | |
| 3-3.4 | - Automatic Sprinklers Full Pneumatic Systems | |
| 3-4.1 | - Unlined Metal Chutes | |
| 3-4.2 | - Masonry Waste Chutes | |
| 3-4.3 | - Sprinkler Head Protection | |
| Chapter 4 | - Linen (Laundry) Chutes or Conveyors | |
| Para. 4-4 | - Automatic Sprinklers Waste Compactors | |
| Para, 4-4.1 | - Metal Gravity Type Chutes | |
| 4-4.2 | - Chute Terminal Rooms | |
| 4-4.3 | - Sprinkler Head Protection | |
| 4-5.3 | - Combination Gravity-Pneumatic Linen Handling Systems | |
| 4-5.3.2 | - | |
| Chapter 5 | - Waste Compactors | |
| Para. 5-3 | - Commercial and Industrial Compactors | |
| 5-3.1 | - | |
| Para. 5-3.2 | - | |
| 5-3.3 | - | |
| Chapter 6 | - Waste Storage Room | |
| Para. 6-3 | - Automatic Sprinklers | |
| NFPA 86, 1990 | - Ovens and Furnaces | |
| Chapter 10 | - Fire Protection | |
| Para. 10-1 | - Basic Fire Protections | |
| 10-1.1 | - | |
| 10-1.2 | - | |
| 10-1.3 | - Automatic Sprinkler System | |
| 10-1.3.1 | - | |
| 10-1.4 | - Water Spray System | |
| 10-1.4.1 | - | |
| 10-1.4.2 | - | |
| 10-1.4.3 | - | |
| 10-2 | - Supplementary Fire Protection | |
| 10-2.1 | - | |
| 10-2.2 | - Carbon Dioxide Extinguishing | |
| 10-2.3.1 | - | |
| 10-2.4 | - Dry Chemical Systems | |
| 10-2.4.1 | - | |
| 10-3 | - Portable Protection Equipment | |
| 10-3.1 | - Extinguishers | |
| 10-3.2 | - Hose Connections | |
| 10-3.3 | - Means of Access | |
| 10-4 | - Maintenance of Fire Protection Equipment | |
| 10-4.1 | - Inspection | |
| 10-4.2 | - | |
| 10-4.3 | - | |
| 10-4.4 | - | |
| NFPA 88A, 1991 | - Parking Structures | |
| Chapter 5 | - Protection | |
| Para. 5-1 | - Automatic Sprinkler Systems | |
| 5-2 | - Automatic System or Fire Detection and Smoke | |
| 5-3 | - Maintenance and Supervision of Fire Detection and Fire Extinguishing Systems | |
| 5-3.1 | - | |
| 5-3.2 | - | |
| 5-4 | - Portable Fire Extinguishers | |
| 5-5 | - Standpipes | |
| NFPA 91, 1990 | - Blowers and Exhaust Systems for Dust, Stock and Vapor Removal and Conveying | |
| NFPA 92A, 1988 | - Smoke Control System | |
| NFPA 99, 1993 | - Standard for Health Facilities | |
| NFPA 99B, 1993 | - Hypobaric Facilities | |
| NFPA 110, 1993 | - Emergency Stand-by Power, Chapter 6 Testing | |
| NFPA 214, 1992 | - Water Cooling Towers, Chapter 5, Fire Protection | |
| NFPA 220, 1992 | - Types of Building Construction | |
| NFPA 231, 1990 | - General Storage | |
| NFPA 231C, 1991 | - Standard for Rack Storage of Material | |
| NFPA 231D, 1989 | - Standard for Storage of Rubber Tires | |
| NFPA 231F, 1987 | - Standard for Storage of Rolled Paper | |
| NFPA 232, 1991 | - Standard for Protection of Records | |
| NFPA 241, 1989 | - Safeguarding Construction, Alteration and Demolition Operation, Chapters 1, 2, 3, 4, 5, 6 and 7 | |
| NFPA 327, 1987 | - Cleaning and Safeguarding Small Tanks and Containers | |
| NFPA 407, 1990 | - Standard for Aircraft Fuel Serving | |
| NFPA 418, 1990 | - Roof Top Heliport Construction and Protection | |
| NFPA 495, 1992 | - Explosive Material Code | |
| NFPA 505, 1992 | - Powered Industrial Trucks, Chapter 5; Full Recharging, Marking and Operations of Industrial Trucks | |
| NFPA 664, 1987 | - Wood Processing and Woodworking Facilities | |
| NFPA 704, 1990 | - Identification of Fire Hazards and Materials | |
| NFPA 1122, 1981 | - Code for Unmanned Rockets |
Not less than one copy of these codes and standards shall be on file and available at the fire prevention bureau, Wauwatosa Fire Department. Codes of the state of Wisconsin relating to fire prevention as they now exist and from time to time amended by the Department of Industry, Labor and Human Relations are adopted as part of this title and violations of any provisions of state codes relating to fire prevention shall constitute a violation of this title.
(Ord. O-92-3 (part), 1992; Ord. O-93-20 § 1, 1993; Ord. O-94-47 §§ 1—15, 1994)
The provisions of the fire prevention code shall apply equally to both public and private property, and it shall apply to all structures and their occupancies, except as otherwise specified.
(Ord. O-78-43 § 14, 1978)
This title shall be deemed in exercise of the police powers of the city of Wauwatosa for the preservation and protection of the public health, peace, safety and welfare, and all the provisions of the fire prevention code shall be liberally construed for that purpose.
(Ord. O-78-43 § 15, 1978)
The fire chief of the Wauwatosa fire department shall be responsible for the enforcement of the fire prevention code. The fire chief of the Wauwatosa fire department may detail such members of the fire department as inspectors as shall from time to time be necessary. To assist in the performance of the responsibilities and duties placed upon the fire chief of the Wauwatosa fire department, a bureau of fire prevention in the fire department of the city of Wauwatosa is created.
This bureau shall operate under the supervision of the fire chief of the Wauwatosa fire department. The fire chief of the fire department shall designate a fire official of the Wauwatosa fire department as chief fire inspector. The chief fire inspector shall be responsible for the direct administration and enforcement of the fire prevention code as may be set forth by the fire chief of the Wauwatosa fire department. The chief fire inspector shall be appointed on the basis of examination or other method for determining his qualifications. The fire chief of the Wauwatosa fire department may also designate such number of technical inspectors as shall from time to time be authorized by the appointing authority and the common council. Such technical inspectors shall be selected through an examination to determine their fitness for the position.
(Ord. O-78-43 § 3, 1978)
(Ord. O-78-43 § 4, 1978)
A board of examiners and appeals having been established by the action of the common council, being known as Chapter 15.06 creating the same, establishing their qualifications and duties, are deemed to be competent to sit in judgment on matters concerning the fire prevention code and its enforcement. All appeals of the fire prevention code will be filed through this board.
(Ord. O-78-162 § 1, 1978; Ord. O-95-34 § 1, 1995)
It shall be the duty of the chief fire inspector of the Wauwatosa fire department to investigate and to recommend to the city of Wauwatosa, through the chief of the department, such additional ordinances, or amendments to existing ordinances, as he may deem necessary for safeguarding life and property against fire.
(Ord. O-78-43 § 5, 1978)
The fire chief of the Wauwatosa fire department shall prepare instructions for the chief fire inspector and his assistants, and forms for their use in the reports required by this title.
(Ord. O-78-43 § 6, 1978)
The fire prevention bureau shall investigate the cause, origin and circumstances of every fire occurring in the City of Wauwatosa by which property has been destroyed or damaged and, so far as possible, shall determine whether the fire is the result of carelessness or design. Such investigations shall begin immediately upon the occurrence of such a fire. The chief fire inspector shall take charge immediately of the physical evidence, shall notify the proper authorities designated by law to pursue the investigation of such matters and shall further cooperate with the authorities in the collection of evidence and in the prosecution of the case. Every fire shall be reported in writing to the fire prevention bureau within twenty-four hours after the occurrence of the same by the fire department officer in whose jurisdiction such a fire has occurred. Such report shall be in such form as shall be prescribed by the chief fire inspector of the Wauwatosa fire department, and shall contain a statement of all facts relating to the cause, origin and circumstances of such fire, the extent of the damage thereof, and the insurance upon such property, and such other information as may be required, including the injury, death or rescue of persons.
(Ord. O-78-43 § 7, 1978)
Before permits may be issued as required by this title, the chief fire inspector or his assistants shall inspect and approve the receptacles, processes, vehicles, buildings or storage places to be used for any such purposes.
(Ord. O-78-43 § 8, 1978)
The chief fire inspector shall inspect or cause to be inspected all premises on a periodic basis, and shall make such orders as may be necessary for the enforcement of the laws and ordinances governing the same and for safeguarding of life and property from fire. The fire department shall establish a schedule of inspections for public buildings and places of employment which requires at least one inspection every calendar year. Under no circumstances shall the interval between inspections conducted under this section exceed fifteen months. The chief of the fire department may designate more frequent inspections of a particular building for occupancies, which by their nature, are liable to cause fires or otherwise endanger public health, or safety.
(Ord. O-78-43 § 9, 1978; Ord. O-14-17, § I, 7-1-14)
(Ord. O-78-43 § 10, 1978)
The chief fire inspector shall compile and keep a record of all fires and of all the facts concerning the same, including injuries, deaths, rescue of persons and statistics as to the extent of such fires and the damage caused thereby, and whether such losses were covered by insurance, and if so, in what amount. Such record shall be made daily from the reports made by the inspectors under the provisions of this title. All records shall be made public.
(Ord. O-78-43 § 11, 1978)
The chief fire inspector shall make an annual report of the activities of the fire prevention bureau and shall transmit this report to the mayor and the city administrator of the city of Wauwatosa through the fire chief of the Wauwatosa fire department. The report shall contain all proceedings under the fire prevention code with such statistics as the fire chief may wish to include therein.
(Ord. O-78-43 § 12, 1978)
The fire chief of the Wauwatosa fire department or the chief fire inspector shall also recommend any amendments to the fire prevention code or ordinance which, in his judgment, shall be desirable.
(Ord. O-78-43 § 13, 1978)
The Fire Prevention Code of the National Fire Protection Association, NFPA No. I, is amended and changed as follows in this chapter.
(Ord. O-78-43 § 18 (part), 1978)
A change in the occupancy classification of an existing building or structure, or upon the addition to an existing building or structure, the addition of which exceeds twenty-five percent of the total floor area of the existing building or structure, or any new building or structure the construction of which begins after June, 1981, will cause said building or structure to comply with the requirements of this chapter.
(Ord. O-81-72 § 1, 1981; Ord. O-83-25 § 1, 1983)
(Ord. O-78-43 § 18(1), 1978; Ord. O-83-25 § 2, 1983; Ord. O-92-3 §§ 2, 3, 1992)
Approved automatic fire sprinkler equipment shall be installed and maintained as follows:
(Ord. O-78-43 § 18(2), 1978; Ord. O-92-3 §§ 4—7, 1992)
(Ord. O-78-43 § 18(3), 1978)
Where the fire prevention bureau finds that existing buildings which are used in whole or in part for the purposes set forth in Section 14.20.030 constitute a severe fire hazard to its occupants or adjoining property, the chief of the fire department may require compliance with the provisions of Section 14.20.030.
(Ord. O-78-43 § 18(4), 1978)
(Ord. O-78-43 § 18(5), 1978)
(Ord. O-78-43 § 18(6), 1978)
(Ord. O-81-72 § 2 (part), 1981; Ord. O-03-13 § 1, 2003)
(Ord. O-81-72 § 2 (part), 1981; Ord. O-92-3 § 8, 1992)
A change to a more hazardous use of an existing building or structure by present or future occupants will cause the building or structure to comply with the requirements of this chapter.
(Ord. O-83-26 § 1 (part), 1983)
(Ord. O-83-26 § 1 (part), 1983)
Approved fire protection systems shall be installed as follows:
(Ord. O-83-26 § l (part), 1983)
No fire protection systems shall be installed or altered until plans and specifications on the proposed work shall be submitted to the fire prevention bureau and a permit issued by the fire prevention bureau is acquired.
(Ord. O-83-26 § l (part) 1983)
Except as provided below, it is unlawful for any person, firm or corporation to burn any substance or material in any improved street, alley, parkway or other improved public place in the city.
(Ord. O-03-7 § 2 (part), 2003)
Editor's note(s)—Ord. No. O-17-14, pt. II, adopted June 6, 2017, repealed § 14.24.020 which pertained to burning flammable and combustible materials outdoors and derived from Ord. O-03-7 adopted in 2003.
(Ord. O-03-7 § 2 (part), 2003)
The following items may not be burned outdoors within the city pursuant to the provisions of Section 14.24.020. above:
(Ord. O-03-7 § 2 (part), 2003)
No outdoor fireplace shall hereafter be constructed within the city unless fixed in a location conforming to building setback regulations applicable to all other structures.
Nothing herein contained shall prohibit the use of any presently existing and permanently located outdoor fireplace provided the same is not otherwise unsafe. No outdoor fireplace or portable grill shall be used for the process of cooking or preparing foods unless under constant supervision of a competent person while such fireplace or grill contains burning materials.
(Ord. O-03-7 § 2 (part), 2003)
In places of public assembly, all combustible decorative material including curtains, acoustical materials, streamers, cloth, cotton batting, straw, vines, leaves, trees, crepe paper, tinsel, moss and imitation leather, but not including floor coverings or materials applied directly to and adhering to a noncombustible base, shall be flameproof.
(Ord. O-03-7 § 2 (part), 2003)
Kindling and maintaining of any open fire out of doors within the city, other than those allowed above, shall require a permit to be obtained at least forty-eight hours in advance from the Wauwatosa fire department. Fee for said permit shall be as listed in the consolidated fee schedule.
(Ord. O-03-7 § 2 (part), 2003)
The Wauwatosa fire department or the Wauwatosa health officer may suspend outdoor burning within the city in the event of weather or climactic conditions which make such burning hazardous, or for any other reason deemed hazardous, for the protection of persons and property.
(Ord. O-03-7 § 2 (part), 2003)
(Ord. O-86-12 § 1, 1986)
(Ord. O-99-18 § 1, 1999)
Whenever the fire prevention bureau disapproves an application or the chief of the department requests a revocation, the applicant may appeal the decision to the board of examiners and appeals within thirty days of the appealed decision. A request of appeal will not stop the chief of the department from taking whatever appropriate action necessary, including withdrawal of building permit and stopping of the job in question.
(Ord. O-78-43 § 18(8)(B), 1978)
Whenever the applicant claims that the provisions of Chapters 14.20 through 14.28 of the fire prevention code do not apply to the structure in question or that the intent and meaning of Chapters 14.20 through 14.28 of the fire prevention code have been misconstrued or wrongly interpreted, the applicant may appeal the decision to the board of examiners and appeals within thirty days of the appealed decision. Such decision to appeal will not permit the start of construction or installation of the system in question until the final results of such appeal may be determined.
(Ord. O-78-43 § 18(8)(C), 1978)
All premises which the fire department may be called upon to protect in case of fire and which are not readily accessible from public roads shall be provided with suitable gates, access roads and fire lanes so that all buildings on the premises are accessible to fire apparatus.
Fire lanes shall be provided for all buildings which are set back more than one hundred fifty feet from a public road or exceed thirty feet in height and are set back over fifty feet from a public road.
Fire lanes shall be at least twenty feet in width with the road edge closest to the building at least ten feet from the building. Any dead-end road more than three hundred feet long shall be provided with a turnaround at the closed end at least ninety feet in diameter.
(Ord. O-92-3 § 12, 1992)
(Ord. O-90-29 § 1, 1990; Ord. O-91-20 § 1, 1991; Ord. O-92-3 § 14, 1992; Ord. O-94-10 § 1, 1994; Ord. O-94-47 § 16, 1994; Ord. O-94-58 §§ 1, 2, 1994; Ord. O-96-1 § 2, 1996)
It is unlawful to ignite or burn inside any building any type barbecue grill. They shall not be burned within twenty-four inches of any combustible material or on a combustible floor. They may not be used on any balcony within five feet of any opening into a dwelling or apartment.
(Ord. O-78-43 § 18(10), 1978)
Furnishings and decorations of an explosive or highly flammable characteristic shall not be used.
(Ord. O-92-3 § 15, 1992)
(Ord. O-78-43 § 18(12), 1978; Ord. O-78-85 § 2, 1978; Ord. O-79-51 § 1, 1979; Ord. O-80-3 § 1, 1980; Ord. O-81-72 § 4, 1981; Ord. O-83-18 § 1, 1983; Ord. O-92-3 § 16, 1992)
All kitchen cooking equipment in existing as well as new restaurants, institutions, schools and commercial buildings shall have fire protection equipment installed according to the provisions of this title.
(Ord. O-78-43 § 18(13), 1978)
All dwellings and buildings within the city of Wauwatosa damaged from fire shall be boarded up or secured, as shall be required by the fire prevention bureau, within twenty-four hours of the time of the fire. The owner shall assume the liability for the protection of the public until the property is secured.
(Ord. O-78-43 § 18(14), 1978)
The fees for the installation of new sprinkler systems and for additions and alterations to existing sprinkler systems shall be as shown in the fee schedule.
(Ord. O-78-43 § 18(15)(A), 1978; Ord. O-81-72 § 10, 1981; Ord. O-94-11 § 1 (part), 1994; Ord. O-96-1 § 3, 1996)
The fees for the installation of new standpipe systems and for additions and alterations to existing standpipe systems shall be as shown in the fee schedule.
(Ord. O-78-43 § 18(15)(B), 1978; Ord. O-81-72 § 11, 1981; Ord. O-94-11 § 1 (part), 1994; Ord. O-96-1 § 4, 1996)
(Ord. O-81-72 § 12, 1981; Ord. O-82-25 § 1, 1982; Ord. O-92-3 § 17, 1992; Ord. O-94-11 § 1 (part), 1994; Ord. O-96-1 § 5, 1996)
A fee as shown in the fee schedule shall be submitted with any request for a variance, waiver or position statement.
(Ord. O-78-43 § 18(16), 1978; Ord. O-94-11 § 1 (part), 1994; Ord. O-96-1 § 6, 1996)
Renewals of fire alarm permits may be handled administratively by the fire prevention division of the city.
(Ord. O-93-31 § 1, 1993)
(Ord. O-92-3 § 19, 1992; Ord. O-95-48 § 1, 1995)
(Ord. O-92-3 § 20 (part), 1992)
"Hazardous substance" means any substance or combination of substances including any waste of a solid, semisolid, liquid or gaseous form which may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or which may pose a substantial present or potential hazard to human health or the environment because of its quantity, concentration or physical, chemical or infectious characteristics. This term includes, but is not limited to, substances which are toxic, corrosive, flammable, irritants, strong sensitizers or explosives.
(Ord. O-92-3 § 20 (part), 1992)
(Ord. O-92-3 § 20 (part), 1992)
Any person who possesses or controls a hazardous material or infectious agent which was discharged or caused the discharge of a hazardous material or infectious agent shall reimburse the city of Wauwatosa for actual and necessary expenses incurred by the city or its agent to contain, remove or dispose of the hazardous substance or infectious agent or take any other appropriate action which is deemed appropriate under the circumstance.
(Ord. O-85-20 § 1 (part), 1985)
(Ord. O-98-12 § 1 (part), 1998)
(Ord. O-98-12 § 1 (part), 1998)
Except as provided in Section 167.10(3), Wisconsin Statutes, no person shall possess or use fireworks without a user's permit issued pursuant to Section 14.32.040.
(Ord. O-98-12 § 1 (part), 1998)
(Ord. O-98-12 § 1 (part), 1998)
No unlicensed person may use fireworks, caps, snakes or sparklers in a city park or at a fireworks display for which a permit has been issued if the display is open to the general public.
(Ord. O-98-12 § 1 (part), 1998)
Arson is one of the most destructive and potentially deadly crimes that exists and it is disturbing that in recent years arson-related fires have been increasing nationwide at an alarming rate. In an attempt to eliminate arson-related fires in the city, it is the purpose of this chapter to provide an additional incentive for persons having knowledge or information about such crimes to come forward with such evidence or information that may lead to the apprehension of arsonists.
(Ord. O-80-22 § 1 (part), 1980)
(Ord. O-80-22 § 1 (part), 1980)
It is unlawful for any person to violate this title, to permit or maintain such a violation, to refuse to obey any provision thereof, or to fail or refuse to comply with any such provision or regulation except as a variation may be allowed by the action of the chief fire inspector in writing. Proof of such unlawful act or failure shall be deemed prima facie evidence that such act is that of the owner or other person in control of the premises. Prosecution or lack thereof of either the owner, occupant or the person in charge shall not be deemed to relieve any of the others.
(Ord. O-78-43 § 2, 1978)
Any person who shall violate any of the provisions of this code adopted by this title; or shall fail to comply therewith; or shall violate or fail to comply with any order made thereunder; or shall build in violation of any details, statements, specifications or plans submitted or approved thereunder; or shall operate not in accordance with the provisions of any certificate, permit or approval issued thereunder, and from which no appeal has been taken; or who shall fail to comply with such an order as affirmed or modified by the chief fire inspector or by a court of competent jurisdiction within the time fixed in this title, shall severally for each and every violation and noncompliance, respectively, be guilty of an ordinance violation and subject to the general penalty provisions of Section 1.12.010 of this code. The imposition of a penalty for any violation shall not excuse the violation, nor shall the violation be permitted to continue. All such persons shall be required to correct or remedy such violations or defects within a reasonable time, and when not otherwise specified, the application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
(Ord. O-78-43 § 16, 1978)
(Ord. O-08-9 § 1 (part), 2008)
The building and safety division shall be supervised and managed by the development director and shall include building, electrical, plumbing and code enforcement officer, along with clerical staff as established by the common council.
(Ord. O-08-9 § 1 (part), 2008; Ord. O-12-11, § XIV, 5-15-2012)
When it is required by law for the city to have a chief building official, those duties shall be assigned to the development director but may be delegated to such positions as lead inspector or other inspectors as appropriate.
(Ord. O-12-11, § XV, 5-15-2012)
Editor's note(s)—Ord. No. O-12-11, § XV, adopted May 15, 2012, repealed the former § 15.02.030, and enacted a new § 15.02.030 as set out herein. The former § 15.02.030 pertained to chief building official—appointment, and derived from Ord. O-08-9, § 1(part), 2008.
Editor's note(s)—Ord. No. O-12-11, § XVI, adopted May 15, 2012, repealed § 15.02.040, which pertained to chief building official—duties, and derived from Ord. O-08-9, § 1(part), 2008.
The specific duties of the inspectors shall be outlined and on file with the human resources department.
(Ord. O-08-9 § 1 (part), 2008; Ord. O-12-11, § XVII, 5-15-2012)
(Ord. O-08-9 § 1 (part), 2008; Ord. O-12-11, § XVIII, 5-15-2012)
Whenever any building or portion thereof is being used or occupied contrary to the provisions of this code, the inspector shall order such use or occupancy discontinued and the building or portion thereof vacated by notice served on any person using or causing such use or occupancy to be continued, and such person shall vacate such building or portion thereof within ten days after receipt of such notice or make the building or portions thereof comply with the requirements of this code; provided, however, that in the event of any emergency, Section 15.02.130 of this chapter shall apply.
(Ord. O-08-9 § 1 (part), 2008)
The development director or designated representative is authorized and empowered to condemn and to raze buildings and structures which are so old, dilapidated, damaged or have become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation, occupancy or use, and unreasonable to repair in accordance with the provisions of Section 66.0413 of the Wisconsin Statutes and any amendments made thereto, and is further authorized to proceed in all matters.
(Ord. O-08-9 § 1 (part), 2008; Ord. O-12-11, § XIX, 5-15-2012)
All construction sites/projects shall be rendered safe for employees and the general public.
(Ord. O-08-9 § 1 (part), 2008)
(Ord. O-08-9 § 1 (part), 2008)
(Ord. O-08-9 § 1 (part), 2008)
(Ord. O-08-9 § 1 (part), 2008; Ord. O-12-11, § XX, 5-15-2012)
(Ord. O-08-9 § 1 (part), 2008)
The permit application becomes a valid permit to perform work upon signature of the development director or designated representative. The construction documents shall be stamped "conditionally approved," initialed and dated by the plans examiner. One such approved set of construction documents shall be retained by the building and safety division as a public record, and one such approved set of construction documents shall be returned to the applicant, which set shall be kept on such building or work site at all times during which the work authorized thereby is in progress and shall be open to inspection by public officials. Such approved construction documents shall not be changed, modified or altered without permission from the building and safety division.
(Ord. O-08-9 § 1 (part), 2008; Ord. O-12-11, § XXI, 5-15-2012)
(Ord. O-08-9 § 1 (part), 2008)
Every application for a permit shall be accompanied by two complete sets of plans and specifications, along with a survey prepared and certified by a Wisconsin registered surveyor.
(Ord. O-08-9 § 1 (part), 2008; Ord. O-12-11, § XXII, 5-15-2012)
(Ord. O-08-9 § 1 (part), 2008; Ord. O-08-31, §§ I, II, 11-19-2008; Ord. O-12-11, § XXIII, 5-15-2012)
(Ord. O-10-03, § I, 3-16-2010; Ord. O-12-11, § XXIV, 5-15-2012)
Any person, firm or corporation violating any provision of this title shall be subject to the violation and penalty provisions as outlined in Section 15.34.080 of this code.
(Ord. O-10-03, § II, 3-16-2010)
(Ord. O-08-9 § 2 (part), 2008)
As used in this chapter:
"Approved" refers to an approval by the building and safety division or its authorized representative. (Approval is not to be construed as an assumption of any legal responsibility for the design or construction.)
"Balcony" is a landing or porch projecting from the wall of a building.
"Building, addition" means new construction which increases the outside dimensions of a building.
"Building, alteration/remodel" means an enhancement, upgrading or substantial change or modification other than an addition, a repair or modifications to electrical, plumbing, heating, ventilating, air conditioning and other systems within a building.
"Building, existing" means any structure that is already constructed or one for which a legal permit has been issued prior to the adoption of this code.
"Building, height" means the vertical distance from grade to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the average height of the highest gable of a pitch or hip roof.
"Building, new" means any construction that results in the creation of a structure for the support, shelter or enclosure of persons, animals, chattel or movable property of any kind.
"Building, repair" means the act or process of restoring to original soundness.
"Building, structural repair" means the reconstruction or replacement of any load bearing component that has been damaged, deteriorated or is failing.
"Ceiling height" means the clear vertical distance from the finished floor to the finished ceiling. Any part of any room where the ceiling height is less than five feet, shall not be considered in computing the total floor area of the room for the purpose of determining the habitable occupancy thereof.
"Deck" means an unenclosed exterior structure, attached or adjacent to the exterior wall of a building, which has a floor, but no roof.
"Exit" means a direct, continuous, unobstructed means of egress from inside the dwelling to the exterior of the dwelling.
"Garage" means a structure used for storing motorized vehicles that has more than two sides completely enclosed.
"Garage, attached" means a private garage attached directly to the principal building or attached by means of an enclosed or open breezeway, porch, terrace, or vestibule, or a private garage so constructed as to form an integral part of the principal building.
"Garage, detached" means a private garage entirely separated from the principal building.
"Grade beam" means a concrete footing designed to carry all imposed loads and placed above the frost line with the top of the beam at or near grade.
"Guard" means a barrier erected to prevent a person from falling to a lower level.
"Handrail" means a horizontal or sloping rail intended for grasping by a hand, for guidance or support or preventing a fall down a stair.
"Imminent life or health safety violation" means a condition where the public may be seriously harmed unless immediate action is taken to remedy the violation. Examples include, but are not limited to, blocked exit or path of egress, structural deformity or condition suspected of imminent failure in the opinion of the inspector or a Wisconsin registered professional, non-operable required fire suppression or detection system, non-potable water due to cross-connection or other source of contamination, electrical shock hazard due to an ungrounded system or condition.
"Landing" means the level portion of a stairs located between flights of stairs or located at the top and base of a stairs.
"Plumbing appliance" means any one of a special class of plumbing fixtures intended to perform a special function. Included are fixtures having the operation or control dependent on one or more energized components, such as motors, controls, heating elements, or pressure- or temperature-sensing elements.
"Plumbing fixture" means a receptacle or device that is either permanently or temporarily connected to the water distribution system of the premises and demands a supply of water therefrom; discharges wastewater, liquid-borne waste materials or sewerage directly or indirectly to the drainage system of the premises; or requires both a water supply connection and a discharge to the drainage system of the premises.
"Porch" means an unenclosed exterior structure or at near grade attached or adjacent to the exterior wall of any building, having a roof and a floor.
"Stair," "stairs," or "stairway" means one or more risers and the necessary treads, which form a continuous passage from one elevation to another. Multiple stairways may be connected by platforms and landings.
"Stair riser height" means the distance in inches as measured vertically from tread to tread.
"Stair tread depth" means the distance in inches as measured horizontally from nosing to nosing.
(Ord. O-08-9 § 2 (part), 2008)
(Ord. O-08-9 § 2 (part), 2008; Ord. O-12-11, § XXV, 5-15-2012)
(Ord. O-08-9 § 2 (part), 2008; Ord. O-12-11, § XXVI, 5-15-2012)
(Ord. O-08-9 § 2 (part), 2008; Ord. O-12-11, § XXVII, 5-15-2012)
(Ord. O-08-9 § 2 (part), 2008; Ord. O-12-11, § XXVIII, 5-15-2012)
(Ord. O-08-9 § 3 (part), 2008)
Application for a well operation permit shall be made in writing by the owner or owners of a well to the plumbing inspector upon a form provided for the same and shall be issued, upon payment of the fee herein provided and after inspection to insure that the well and related equipment are in operable condition, that no connection exists between such well and municipal water supply and verification of a safe water sample.
(Ord. O-08-9 § 3 (part), 2008)
(Ord. O-08-9 § 3 (part), 2008)
In the event any cross-connection shall be found between the municipal water supply system and the piping of a private well water supply system, the owner or owners of such well shall immediately be notified in writing of such cross-connection, and that the permit for the use of such well stands suspended as of the date of the notice. In the event such cross-connection is not discontinued within five days of the date of notice of such violation, the permit for the use of such well shall stand permanently revoked. In the event it shall be found, upon any inspection, that the well equipment is inoperable, the owner or owners of such well shall immediately be notified of such condition and that the well operation permit is suspended for a period of thirty days from the date of such notice. In the event such condition is corrected within such thirty-day period, the well operation permit shall be automatically reinstated for the balance of its term. In the event such condition is not corrected within thirty days, the permit for the use of such well shall stand permanently revoked. Well equipment is inoperable within the meaning of this section when water from a well cannot be brought to ground level by the application of an adequate, available power supply, whether manual or otherwise, to such equipment. A safe water report is required prior to renewal or issuance of a well permit. Failure to provide this report prior to permit expiration shall require abandonment of the well.
(Ord. O-08-9 § 3 (part), 2008)
(Ord. O-08-9 § 3 (part), 2008)
An annual fee as outlined in the city consolidated fee schedule, for the five-year well operation permit shall be placed on the owner's property tax bill. Note: The division must be notified prior to November 1st of any well abandonment in order to have this fee removed from the owner's property tax bill.
(Ord. O-08-9 § 3 (part), 2008)
Whenever a private well is sealed, it shall be sealed in accordance with the state of Wisconsin Administrative Code Section NR 812. Prior to the sealing of any well all equipment shall be removed from the casing. The sealing operation shall be observed by the plumbing inspector. An inspection fee is required.
(Ord. O-08-9 § 3 (part), 2008)
A report shall be made to the plumbing inspector and the Department of Natural Resources by the owner of every well which has been permanently abandoned or removed from service. Such report shall include a detailed description of location, construction and geologic features and method of sealing.
(Ord. O-08-9 § 3 (part), 2008)
Any person who feels aggrieved by orders or decisions of the building and safety division or any person seeking a variance from this section may, within fifteen days from the date of said orders or decisions, appeal to the board of public works, and such board shall conduct a hearing in connection therewith within fifteen days of said appeal and submit its findings and decision within five days thereafter. The board's decision shall be final and binding.
(Ord. O-08-9 § 3 (part), 2008)
Editor's note(s)—Ord. No. O-10-03, § III, adopted March 16, 2010, repealed former Ch. 15.06, §§ 15.06.010—15.06.050, and enacted a new Ch. 15.06 as set out herein. Former Ch. 15.06 pertained to board of examiners and appeals. See the Ordinance List and Code Comparative Table and Disposition List for complete derivation.
In order to hear and decide appeals of orders, decisions, denials and interpretations; to determine the suitability of alternate materials, types of construction or fire-protection systems; or to review requests for interpretations of the provisions of Title 14, Fire Prevention Code and Title 15, Buildings and Construction, except as otherwise specifically modified in this code, there is created a board of building and fire code appeals.
(Ord. O-10-03, § III, 3-16-2010)
The board of building and fire code appeals shall consist of eight members. The members shall be comprised of a general contractor, a professional engineer, a fire professional, a journeyman electrician, a professional in the field of real estate development, valuation or related area of expertise, a professional architect, a resident of the city, and the development director who shall act as secretary to the board. Members, other than the development director, shall be appointed by the mayor and confirmed by the common council for terms of three years. The mayor shall appoint one member as a chairperson and the board shall elect a vice-chairperson at the first meeting in June annually. Where a determination of the development director is being appealed, the development director shall abstain from voting on the question.
(Ord. O-10-03, § III, 3-16-2010; Ord. O-12-11, § XXIX, 5-15-2012)
(Ord. O-10-03, § III, 3-16-2010; Ord. O-12-11, § XXX, 5-15-2012)
(Ord. O-10-03, § III, 3-16-2010; Ord. O-12-11, § XXXI, 5-15-2012)
(Ord. O-10-03, § III, 3-16-2010)
(Ord. O-10-03, § III, 3-16-2010)
(Ord. O-10-03, § III, 3-16-2010)
(Ord. O-21-18, pt. I, adopted August 3, 2021, repealed ch. 15.10, §§ 15.10.010—15.10.060 and enacted a new ch. 15.10 as set out herein. Former ch. 15.10 pertained to similar subject matter and derived from Ord. O-82-57 § 1 (part), 1982; Ord. O-12-05, § I, 1-17-2012 and Ord. O-19-03, pts. IV, V, 3-19-2019)
A. "Nonresidential structure" means structures other than one- and two-family residential properties. B. No building permit for any nonresidential structure for which a building permit is required shall be issued unless it has received the approval of the design review board. except that historically designated commercial structures or those located at historic sites or within historic districts shall be subject to design review by the historic preservation commission as described in Subsection 24.17.010 D.8. of this Wauwatosa Municipal Code. C. The design review board shall consider the exterior architectural appeal, the site location and proposed location of the structure on the building site, the landscaping, topography and whether the structure to be altered or constructed shall be so similar to, or so at variance from, other structures already constructed or under construction in the immediate neighborhood of the applicable district if, in the board's opinion, it causes a substantial depreciation in the property value of the neighborhood within the applicable district.
A. “Building, new” is defined in 15.04.020 B. No building permit for any new single-family or two-family residential construction for which a building permit is required shall be issued unless it has received the approval of the design review board, except that historically designated commercial structures or those located at historic sites or within historic districts shall be subject to design review by the historic preservation commission as described in Subsection 24.17.010 D.8. of this Wauwatosa Municipal Code. C. The design review board shall consider the exterior architectural appeal, the site location and proposed location of the structure on the building site, the landscaping, topography and whether the structure to be altered or constructed shall be so similar to, or so at variance from, other structures already constructed or under construction in the immediate neighborhood of the applicable district if, in the board's opinion, it causes a substantial depreciation in the property value of the neighborhood within the applicable district.
*Formal subsection title to be added via future legislative action.
A. Alterations/remodel, additions & garages is defined in 15.04.020 B. An Accessory Dwelling Unit is defined in 24.18.020 C. No building permit for any residential structure for which a building permit is required shall be issued unless it has received administrative approval, except that historically designated residential structures or those located at historic sites or within historic districts shall be subject to design review by the historic preservation commission as described in Subsection 24.17.010 D.8. of this Wauwatosa Municipal Code. D. Administrative Approval. Administrative approval of one- and two-family projects that require a building permit shall be performed by the development director or designated representative. Staff shall consider the exterior architectural appeal, the site location and proposed location of the structure on the building site, the landscaping, topography and whether the structure to be altered or constructed shall be so similar to, or so at variance from, other structures already constructed or under construction in the immediate neighborhood of the applicable district if, in staff's opinion, it causes a substantial depreciation in the property value of the neighborhood within the applicable district.
A notice stating the time, date and place of a meeting of the design review board shall be posted and publicized in accordance with the requirements of the open meeting law in the state of Wisconsin.
The design review board is empowered to adopt rules of procedure in addition to the other rules contained below:
A. Following a review before the design review board, any person who is aggrieved may file an appeal with the board of zoning appeals in accordance with the provisions of subsection 24.17.010 C. of this code. B. A request for review of a decision of the development director or designated representative shall be filed with the Design Review Board within ten calendar days of such decision, who shall consider the same factors described in that subsection in determining whether to uphold or overturn the decision of the manager. C. Any aggrieved person who chooses to have a decision under this section reviewed may appeal the decision to the board of zoning appeals in accordance with the provisions of subsection 24.17.010 C. of this code.
The board of zoning appeals in considering an appeal from a decision of the design review board shall hear the matter as a hearing de novo. The board of zoning appeals following such hearing may affirm, reverse or modify the decision of the design review board.
(Ord. O-99-13 § 1 (part), 1999)
For the purpose of this chapter the following words and phrases have the designated meaning:
"Abandoned sign" means a sign located on a property which becomes vacant and is unoccupied for a period of thirty days or more; any sign which pertains to a time, event or purpose which no longer applies; or a sign which no longer directs attention to a business activity, service or product sold on the premises.
"Awning sign" means a sign on an awning, canopy or similar structure.
"Banner" means any sign intended to be hung either with or without frames, possessing characters, letters, illustrations or ornamentation applied to paper, plastic or fabric of any kind. Flags, as defined below, shall not be considered banners for the purpose of this chapter.
"Billboard" means any off premises sign exceeding twelve square feet.
"Building front footage" means the maximum building width measured at grade on a straight line on the side of the building that faces a street.
"Business district" means those geographical areas identified in the zoning map defined at Section 24.01.110A of the City of Wauwatosa Code of Ordinances by any district designation other than a residential ("R") designation.
"Business premise" means an individual lessee or separate commercial activity in a MTCB, business site or mall.
"Business site" means a lot or lots occupied by a commercial activity.
"Changeable copy sign" means a sign that is designed so that characters, letters or illustrations can be changed or rearranged without altering the face or the surface of the sign.
"Construction sign" means any sign giving the name or names of principal contractors, architects and lending institutions responsible for construction on the site where the sign is placed, together with other pertinent information included thereon.
"Distracting sign" means an illuminated sign on which artificial or reflected light is not maintained stationary and constant in intensity and color at all times when in use. This includes animated, mechanical and audible signs.
"Directional sign" means a sign which designates entrances, exits, parking areas and similar functions without advertising.
"Election sign" means a temporary sign erected and maintained during that time period before or after a primary, general or special election, as more specifically defined in Section 15.14.290, below. No regulation contained herein shall concern the content or message contained on such election signs, but rather only the special rules for size, placement and related regulatory limitations placed on the additional temporary signs allowed by Section 15.14.290 during election periods.
"Face change" means the modification of a sign without changing the location or area of the sign.
"Flag" means any fabric or bunting, attached along only one edge to a pole or permanent structure, containing distinctive colors or patterns, logos and/or corporate masthead or official corporate title/name, and used solely as an identifier of a government or political subdivision, institution or business, with a maximum area of twenty-four square feet. Banners, as defined above, shall not be considered flags for the purpose of this chapter.
"Freestanding sign" means a sign which is attached to or part of a completely self-supporting structure other than a building that has a structural base of less than seventy-five percent of the width of the area of the sign.
"Height of sign" means the overall height of a sign or sign structure as measured from the adjacent ground surface to the highest point of the sign. In the case where a sign is to be located on a berm, the grade shall be determined by the average of the grades measured at the toes of slope at the front and back of the berm.
"Historical district" means those geographical areas defined in the City Zoning Code Chapter 24 as a historical district established by the historic preservation commission.
"Illegal sign" means any sign that:
"Illuminated sign" means any sign which has characters, letters, figures, designs or outline illuminated by electric lights or luminous tube.
"Legal nonconforming sign" means a sign that did meet code regulations when it was originally erected, either by adherence to the previous sign ordinances of the city of Wauwatosa, or by a variance or other exception granted, but does not comply with all the present regulations of this chapter.
"Maintenance" means the replacing or repairing of a part or portion of a sign made unusable by ordinary wear, tear or damage beyond the control of the owner or the reprinting of existing copy without changing the wording, composition or color of such copy.
"Marquee" means any permanent roof-like structure bearing a signboard or copy projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.
"Mayfair Mall area" means the area bounded by Center Street on the north, Blue Mound Country Club on the east, North Avenue on the south, and Mayfair Road on the west. This area includes the Mall and any attached buildings.
"Medical center district" means the geographical area defined in the City Zoning Code Chapter 24 as special purpose medical center district.
"Monument sign" means a sign independent from any building that has a structural base of not less than seventy-five percent the width of the sign. (Example: A sign that is eight feet wide would require a structural base of six feet or more in width.)
"Multiple tenant commercial building (MTCB)" means a commercial development in which there exists a number of separate commercial activities in which there are appurtenant facilities, such as parking or pedestrian mall, and which is designed to provide a single area in which the public can obtain varied products and services. Distinguishing characteristics of a MTCB may, but need not, include common ownership of the real property upon which the center is located, common wall construction and multiple-occupant commercial use of a single structure. For the purpose of this chapter, MTCB shall also include separate parcels sharing common walls and facilities, but not necessarily common owners. MTCB can be office, retail or mixed use in character.
"Off premises sign" means a sign which is not appurtenant to the use of the property where the sign is located, or to a product sold or a service offered upon the property where the sign is located, and which does not identify the place of business where the sign is located as purveyor of the merchandise or services advertised upon the sign.
"Pennant/streamer" means any lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from a rope, wire or string, usually in series, designed to move in the wind.
"Permanent sign" means any sign which is intended to be and is so constructed as to be of lasting and enduring condition, remaining unchanged in character, condition (beyond normal wear) and position, and in permanent manner affixed to the ground, wall or building.
"Planned development" means those geographical areas defined in the City Zoning Code Chapter 24 as residential planned development district and business planned development district.
"Portable sign" means any sign not permanently attached to the ground or a building. Tailored signs, sandwich board signs and balloons are included in this definition, except as provided under 15.14.240 and 15.14.430.
"Projecting signs" means any sign other than a wall sign affixed to any building or wall, whose leading edge extends beyond such building or wall.
"Real estate sign" means any temporary sign placed on a property which is for sale, rent or lease.
"Research park district" means the geographical area defined in the City Zoning Code Chapter 24 as special purpose research park planned development district.
"Residential district" means those geographical areas defined in the City Zoning Code Chapter 24 as R1-6 single family residence district; R1-9 single family residence district; R1-15 single family residence district; R2 two family residence district; R4 four family residence district; R8 eight family residence district.
"Roof sign" means a sign extending above the roof surface.
"Seasonal sign" means a sign used to identify seasonal commercial establishments, including but not limited to garden centers, Christmas tree lots and fruit and vegetable stands.
"Sign" means:
"Sign area" means the area of the sign shall be the area enclosed by the smallest square(s) or rectangle(s) that encompasses all of the copy and design.
"Sign face" means the entire display surface area of a sign upon, against or through which copy is placed.
"Temporary sign" means any type sign not permanently attached to the ground, wall or building, intended to be displayed for a period of time of sixty days or less.
"Village of Wauwatosa business improvement district" means the geographical area contained in that business improvement district established by Resolution 93-339 of the Wauwatosa common council and any amendments thereto.
"Wall sign" means any sign painted on or attached to and erected parallel to the face of or erected and confined within the limits of the outside wall of any building and supported by such wall or building and which displays only one advertising surface. This definition includes signs composed of individual letters or symbols.
"Water tower sign" means any sign painted on a freestanding water reservoir.
"Window sign" means any sign placed inside or upon an interior or exterior window surface, and which is intended to be seen from the exterior of the building.
(Ord. O-99-13 § 1 (part), 1999; Ord O-02-22 § 1, 2002; Ord. O-03-24 § 1, 2003; Ord. O-14-26, §§ I—IV, 10-7-2014)
(Ord. O-99-13 § 1 (part), 1999)
The chief inspector or delegated representative shall have the authority to revoke any sign permit upon determination that the sign authorized by the permit has been constructed or is being maintained in violation of the permit or the provisions of this chapter.
(Ord. O-99-13 § 1 (part), 1999)
(Ord. O-99-13 § 1 (part), 1999)
Signs that are on premises which becomes vacant or unoccupied for a period exceeding thirty days shall be presumed to have been abandoned, and it shall be the responsibility of the owner of record to have such sign structures or supports removed within forty-five days of receiving notice from the buildings and safety division.
(Ord. O-99-13 § 1 (part), 1999)
General penalty provisions shall apply to any violation of this code, and each day such violation continues is a separate violation. Double fees may be assessed where work is performed without the proper permit.
(Ord. O-99-13 § 1 (part), 1999)
(Ord. O-99-13 § 1 (part), 1999; Ord. O-02-22 § 2, 2002; Ord. O-14-26, §§ V, VI, 10-7-2014)
All applications to obtain a sign permit shall be made on a form furnished by the buildings and safety division. All such applications shall be signed by the owner(s) of the premises on which the sign is to be located and the lessee(s) of the premises to which the sign pertains, which signatures shall indicate agreement to be bound by the terms of this chapter. Throughout this chapter, the owner(s) and lessee(s) may be referred to collectively as holders of the permit, as defined herein. No permit under this chapter shall be issued to any person or entity other than the owner and lessee of a premises as provided herein, it being hereby intended that the subleasers (or the equivalent) of a premises shall be entitled to obtain a permit hereunder.
(Ord. O-99-13 § 1 (part), 1999)
At least two sets of plans or drawings shall be submitted for examination at the time the application is filed. The plans or drawings shall be legible and drawn to scale or be dimensioned, and shall include the following:
(Ord. O-99-13 § 1 (part), 1999)
In accordance with the city fee schedule, the applicant must tender a preliminary fee at time of application which will be applied to the permit, with the balance payable at time of issuance. Permit fees are not refundable.
(Ord. O-99-13 § 1 (part), 1999)
Editor's note(s)—Ord. No. O-14-26, § VII, passed October 7, 2014, repealed § 15.14.120, which pertained to sign tag and derived from Ord. O-99-13 § 1 (part), 1999.
(Ord. O-99-13 § 1 (part), 1999)
(Ord. O-99-13 § 1 (part), 1999; Ord. O-14-26, §§ VIII, 10-7-2014)
(Ord. O-99-13 § 1 (part), 1999)
Unless waived by the chief inspector, all signs for which a permit is required shall be subject to the following inspections:
(Ord. O-99-13 § 1 (part), 1999; Ord. O-14-26, § IX, 10-7-2014)
Each sign, including those specifically exempt from the permit requirements of this chapter, shall be maintained in good structural condition at all times. All signs shall be kept neatly painted, including all metal parts and supports thereof that are not galvanized or of rust-resistant material. The chief inspector or delegated representative shall have the authority at any time to inspect and order the painting, repair, alteration or removal of a sign which constitutes a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence or change in local conditions.
(Ord. O-99-13 § 1 (part), 1999)
(Ord. O-06-13 § 1, 2006)
Only the following signs are allowed in residential districts:
(Ord. O-99-13 § 1 (part), 1999; Ord. O-05-8 § 1, 2005)
Signage in a planned unit development overlay district shall be controlled by the underlying district sign regulations.
Exception. Signs in a planned unit development overlay district installed prior to July 25, 2023 may be controlled by the provisions in the plan for the development as adopted by the common council.
(Ord. O-99-13 § 1 (part), 1999; Ord. O-14-26, §§ X, XI, 10-7-2014)
(Ord. O-09-02, pt. I, 2-17-2009)
Editor's note(s)—Ord. No. O-09-02, Part I, adopted Feb. 17, 2009, deleted the former § 15.14.200, and enacted a new § 15.14.200 as set out herein. The former § 15.14.200 pertained to similar subject matter and derived from Ord. No. O-99-13, § 1 (part), 1999.
(Ord. O-99-13 § 1 (part), 1999)
(Ord. O-99-13 § 1 (part), 1999)
All signs, regardless of size and type, located within the area designated as the village of Wauwatosa business improvement district shall comply with the signage requirements as established within the business district, and be subject to independent review and approval on a case by case basis by the village of Wauwatosa business improvement district signage review board, with the following exceptions:
(Ord. O-99-13 § 1 (part), 1999; Ord. O-02-22 §§ 3—7, 2002; Ord. O-10-10, § I, 5-18-2010)
Each occupant shall submit sign plans to the "Milwaukee Regional Innovation Center/Project and Architectural Review Committee" ("MRIC/PARC") for approval prior to applying for a sign permit.
(Ord. O-01-14 § 1, 2001; Ord. O-11-11, §§ I, II, 9-20-2011)
(Ord. O-99-13 § 1 (part), 1999)
(Ord. O-99-13 § 1 (part), 1999)
(Ord. O-99-13 § 1 (part), 1999)
In addition to temporary signs otherwise allowed under this code, one additional temporary sign per choice regarding each issue and per candidate may be placed on any property for a period of sixty days prior to any election involving candidates for a federal, state or local office that represents the district in which the property is located or involves an issue on the ballot of an election within the district where the property is located. Except as specifically provided in this section, all election signs shall comply with the applicable provisions of this chapter.
(Ord. O-99-13 § 1 (part), 1999; Ord. O-05-8 § 2, 2005)
(Ord. O-99-13 § 1 (part), 1999)
(Ord. O-99-13 § 1 (part), 1999)
(Ord. O-99-13 § 1 (part), 1999)
Changeable copy signs including electronic message boards are permitted as follows:
(Ord. O-99-13 § 1 (part), 1999)
(Ord. O-99-13 § 1 (part), 1999; Ord. O-01-40 § 1, 2001)
(Ord. O-99-13 § 1 (part), 1999)
(Ord. O-99-13 § 1 (part), 1999)
(Ord. O-01-14 § 2, 2001)
(Ord. O-99-13 § 1 (part), 1999)
(Ord. O-99-13 § 1 (part), 1999)
(Ord. O-99-13 § 1 (part), 1999)
(Ord. O-99-13 § 1 (part), 1999)
(Ord. O-99-13 § 1 (part), 1999)
(Ord. O-99-13 § 1 (part), 1999)
Portable sandwich-type signs are permitted within the city right-of-way as follows, except as otherwise defined in Section 15.14.240 Village of Wauwatosa Business Improvement District:
(Ord. O-14-26, § XII, 10-7-2014)
The duties of the board of sign appeals specified in this chapter shall be performed by the design review board, which board shall be organized in accordance with Section 15.10.020.
(Ord. O-00-2 (Part I))
The board may request the use of services of the various departments or employees to assist in the performance of its duties.
(Ord. O-99-13 § 1 (part), 1999)
(Ord. O-99-13 § 1 (part), 1999)
(Ord. O-99-13 § 1 (part), 1999)
(Ord. O-99-13 § 1 (part), 1999)
Whenever any person, firm or corporation intends to move any building along or across any street or public right-of-way within the city, application for a permit for such removal shall be made in writing to the safety and buildings division. No person, firm or corporation shall move or cause to be moved any building upon or across any street or public right-of-way within the city without first securing a permit therefor.
(Ord. O-97-32 § 1 (part), 1997)
Before a permit to move any building upon or across any street or public right-of-way within the city is granted by the building inspector, the person, firm or corporation applying for such permit shall furnish a bond written by a bonding company licensed to do business in the state in the amount of two hundred fifty thousand dollars, to be approved by the city attorney and conditioned, among other things, that said person, firm or corporation will complete the moving of the building upon or across the streets or public right-of-way within the city, and have the building off of the streets or public rights-of-way within the city within the time specified within such permit, and further that the person, firm or corporation shall be liable for and shall pay any and all damages which may occur to any tree, shrub, pavement, street, public right-of-way, sidewalk, public utility or any other property of the city, and further that the person, firm or corporation will indemnify and hold harmless the city against liabilities, judgments, damages, claims, costs and expenses of whatsoever kind which may arise in consequence of the issuance of the permit.
(Ord. O-01-16 § 1, 2001)
Every permit to move a building shall state all conditions to be complied with, designating the route to be taken and limit the time for removal. The removal of a building shall be continuous during all hours of the day, and day-by-day and at night if the building inspector so orders until completed with the least possible obstruction to thoroughfares. No building shall be allowed to remain overnight upon any street crossing or intersection or so near thereto as to prevent easy access to any fire hydrant. Marker lights shall be kept in conspicuous places at each end of the building during the night.
(Ord. O-97-32 § 1 (part), 1997)
Every person, firm or corporation receiving a permit to move a building shall, within one day after said building reaches its destination, report that fact to the building inspector who shall report the same to the engineering department. The engineering department shall thereupon inspect the streets and the property of the city over which said building has been moved and ascertain the conditions of such property. If the removal of the building has caused any damages to the streets or the property of the city, the permit applicant shall forthwith place such property of the city in as good repair as the same wherein before the permit was issued. Upon the failure of the permit applicant to do so within ten days thereafter, to the satisfaction of the engineering department, the city shall repair the damage done or cause the same to be repaired, and the bonding company of the permit applicant shall be liable for payment of the same.
(Ord. O-97-32 § 1 (part), 1997)
The building site of any building hereafter moved shall be properly cleared of all debris and rubbish, shall be enclosed with a substantial fence, and shall be properly graded and leveled off so as not to spoil the appearance of the neighborhood. Excavations not made use of within sixty days after the moving is completed shall be deemed to constitute a nuisance and shall (unless extensions are granted by the building inspector) be restored to the original grade level by backfilling, and the owner shall, upon notification from the building inspector in writing, cause such excavations to be properly filled and leveled off within ten days after receiving such notice. Upon failure to comply with such notice, the building inspector may enter upon the premises with assistance as may be necessary, causing the existing condition to be corrected and the cost thereof charged against the property, which shall be a lien thereon and shall be collected as a special tax.
(Ord. O-97-32 § 1 (part), 1997)
(Ord. O-01-16 § 2, 2001)
(Ord. O-97-32 § 1 (part), 1997; Ord. O-05-13 § 1, 2005)
Waste material and rubbish shall not be stored nor allowed to accumulate within the building or in the immediate vicinity, but shall be removed from the premises as rapidly as practicable. Combustible waste and rubbish shall be removed at least daily. No material shall be disposed of by burning on the premises or in the immediate vicinity. All materials shall be removed from the premises in a safe manner and in compliance with the ordinances of the city of Wauwatosa. Adjacent property shall not be disturbed and the site shall be left clean and clear of all debris to the satisfaction of the building inspector.
(Ord. O-97-32 § 1 (part), 1997)
The site of any building hereafter razed shall be properly graded and leveled off so as to not spoil the appearance of the neighborhood. Time limits for completion of razing shall be in accordance with those set forth in Chapter 15.34 of this title. Upon failure by the owner to comply with this section, the building inspector may enter upon the premises with such assistance as may be necessary, causing the existing conditions to be corrected and the cost thereof charged against the property and shall be a lien thereon and shall be collected as a special tax.
(Ord. O-97-32 § 1 (part), 1997)
Owners of all residential or commercial buildings in the city of Wauwatosa shall file with the assessor a form to record the ownership of such buildings, accompanied by payment of the appropriate fee as set forth in the fee schedule. A form shall be filed for each tax key-numbered parcel containing a residential or commercial building. Multiple buildings on a parcel with a single tax key number shall be recorded on one form.
(Ord. O-02-30, § 1, 2002)
For the purpose of this chapter, "owner" means a person who jointly or severally is vested with all or part of the legal title to the premises, or is vested with all or part of the beneficial ownership and right to present use and enjoyment of the premises. The term includes, but is not limited to a mortgagee in possession, trustees, life estate holders, condominium associations, land contract vendors (sellers), land contract vendees (purchasers), general and limited partnerships, corporations, limited liability companies and cooperatives.
(Ord. O-02-30, § 1, 2002)
If the address of the owner or contact is outside of Milwaukee, Ozaukee, Kenosha, Racine, Walworth, Washington or Waukesha County, the owner shall designate an operator of the building, whose address shall be located within any of these counties. The operator shall be a real person or persons authorized to maintain the premises, accept service of process relating to code violations, and who can be contacted readily by the city of Wauwatosa or any tenant in the building.
(Ord. O-02-30, § 1, 2002)
The form shall contain all of the following information:
(Ord. O-02-30, § 1, 2002)
This ordinance shall not apply to owners of:
(Ord. O-02-30, § 1, 2002)
An owner who conveys any ownership interest in any building regulated by this section shall notify the city within fifteen days of the conveyance of that ownership interest in such building and shall provide the name and address of the buyer and the date of conveyance at no charge on forms provided by the city.
(Ord. O-02-30, § 1, 2002)
In the event of a change in ownership, or a change in address of the recorded owner or building operator, a recording form shall be filed by the new owner within fifteen days of such event, except that in the event of the death of the owner of a building recorded under this section, the estate or subsequent purchaser shall have sixty days to file such form. Any form submitted past the due date shall result in the doubling of the fee provided in the consolidated fee schedule and shall subject the owner to sanctions as described below. A change in any of the general partners shall be considered a change in ownership.
(Ord. O-02-30, § 1, 2002)
In the case of a land contract, both the land contract vendor (seller) and land contract vendee (purchaser) shall file the form for the subject property and provide the legal name, business or personal address and business or personal telephone numbers of both parties on the form. Upon satisfaction of the land contract the vendor (seller) shall file a notification of the conveyance of interest as required in 15.21.060, above, and the contract vendee (purchaser) who has acquired the fee interest in the building shall file an updated form as required in this subsection. There shall be no fee for the filing of such an amendment.
(Ord. O-02-30, § 1, 2002)
There shall be no fee for the filing of a revision to an existing recording where the change in information does not involve a change of ownership in the property, unless such form is filed in an untimely manner, in which case the fee shall be two times the fee provided in the consolidated fee schedule.
(Ord. O-02-30, § 1, 2002)
There shall be no fee for the filing of an amendment to an existing recording where the change in information results from the sale or transfer of ownership between husband, wife, father, mother, son, daughter, brother, sister, grandfather, grandmother, grandson or granddaughter.
(Ord. O-02-30, § 1, 2002)
Any owner, former owner or operator of the property failing to comply with this section or providing false, misleading or fraudulent information in violation of this section shall be subject to the penalties provided in Section 1.12.010.
(Ord. O-02-30, § 1, 2002)
(Ord. O-97-32 § 1 (part), 1997; Ord. O-03-28 § 1 (part), 2003)
In this chapter unless the context requires otherwise:
"Discriminate" and "discrimination" mean to segregate, separate, exclude or treat any person unequally only because of sex, race, color, sexual orientation as defined in Section 111.32(13m) of the Wisconsin Statutes, handicap, religion, national origin, familial status, sex or marital status of the person maintaining a household, lawful source of income, age or ancestry. It is intended that the factors set forth herein shall be the sole basis for prohibiting discrimination.
"Housing" means any improved property, including any mobile home as defined in Section 66.0435(1)(d) of the Wisconsin Statutes, which is used or occupied or is intended, arranged or designed to be used or occupied as a home or residence.
"Unimproved residential lot" means any residential lot upon which no permanent building or structure containing living quarters has been constructed.
(Ord. O-97-32 § 1 (part), 1997; Ord. O-02-1 § 1 (part), 2002; Ord. O-03-28 § 1 (part), 2003)
It is unlawful for any person to discriminate:
(Ord. O-97-32 § 1 (part), 1997)
(Ord. O-97-32 § 1 (part), 1997)
(Ord. O-97-32 § 1 (part), 1997)
For purposes of this chapter the following terms are used as definitions:
"Above-ground pool" means any swimming pool which is substantially above ground level, excluding wading pools.
"In-ground swimming pool" means any body of water used or intended to be used for wading or swimming, constructed, installed or maintained, which is substantially constructed below ground level, located outside a residential building on private property.
"Public swimming pools" means an outdoor or indoor pool that is entirely manmade so defined in Section H71.03(8), Wisconsin Administrative Code, excepting those serving less than three individual residential quarters such as homes or apartments. Public pools include those servicing or installed for the state or any political subdivision thereof, including school districts; those serving or installed at motels, hotels, resorts, camps, clubs, associations, housing developments, schools, religious, charitable or youth organizations institution or similar establishments. Included are buildings, equipment, and appurtenances, irrespective of whether or not a fee is charged for the use thereof.
"Wading pools" means pools made of plastic or other material having a depth of less than two feet and which are readily movable.
(Ord. O-97-32 § 1 (part), 1997)
All pools, ponds and other bodies of water with a depth of two feet or more, except hot tubs or spas, are deemed to be structures for purposes of Title 15 of this code, and for such reason no person, firm or corporation shall excavate for, or construct, install, enlarge, or alter any of the above without first obtaining a building permit. Electrical permits shall continue to be required for hot tubs or spas. Plans and specifications for public pools shall also be submitted to the health department for approval.
(Ord. O-97-32 § 1 (part), 1997; Ord. O-02-28 § 11, 2002)
Swimming pools, hot tubs or spas, ponds and other bodies of water with a depth of two feet or more are an attraction to small children and others and thus pose a potential danger if reasonable measures are not taken to prevent easy access. Therefore it is the intent of this subsection to provide reasonable requirements which prevent easy access by unattended or unauthorized persons or children. Every person, firm or corporation in possession of land within the city either as owner, purchased under a contract, lessee, tenant or licensee, upon which is situated one of the above described structures shall at all times comply with the following requirements as a minimum to provide for safety:
(Ord. O-97-32 § 1 (part), 1997; Ord. O-02-28, §§ 12, 13, 2002)
(Ord. O-97-32 § 1 (part), 1997; Ord. O-02-28 § 14, 2002)
All swimming pools, ponds, and other bodies of water with a depth of two feet or more, except hot tubs or spas, shall have an unobstructed area of four feet around their perimeters to allow access in cases of emergency.
(Ord. O-97-32 § 1 (part), 1997; Ord. O-02-28 § 15, 2002)
(Ord. O-97-32 § 1 (part), 1997)
Any person aggrieved by a provision of this chapter may appeal to the board of public works. The board of public works is authorized to grant a modification, provided there is a finding of exceptional circumstances and provided such modification will not cause an adverse effect upon the property values, cause undue distraction to motorists, impede or otherwise cause a nuisance to the public or create an attractive nuisance to children.
(Ord. O-97-32 § 1 (part), 1997; Ord. O-02-28 § 16, 2002)
Any person, firm or corporation violating any provision of this chapter shall be subject to the general penalty provisions of this code and/or may have the pool, hot tubs or spas, ponds and other bodies of water with a depth of two feet or more removed or safeguarded by the city with the cost of such being placed on a special charge against the property.
(Ord. O-97-32 § 1 (part), 1997; Ord. O-02-28 § 17, 2002)
(Ord. O-00-19 (part), 2000; Ord. O-05-4 § 11, 2005; Ord. O-05-32 § 3, 2005)
Permits shall not be required for the following:
(Ord. O-00-19 (part), 2000; Ord. O-05-32 § 4, 2005; Ord. O-10-08, § I, 5-4-2010; Ord. O-13-10, Pt. I, 7-2-2013)
Permits shall be required for the following:
(Ord. O-00-19 (part), 2000; Ord. O-05-4 § 12, 2005; Ord. O-05-32 § 5, 2005; Ord. O-13-10, Pts. II, III, 7-2-2013)
The design review board shall review all fences located in a front yard setback. The design review board may impose restrictions on height, length, setback, design materials, landscaping and color provided that these restrictions are not in conflict with any provision that is prohibited.
(Ord. O-00-19 (part), 2000)
To obtain a permit, the applicant shall first file an application therefore in writing on a form furnished by the buildings and safety division. Such application shall be accompanied by drawings, sketches, designs, survey or plot plan as may be necessary for review. A fee shall be paid in accordance with the city fee schedule.
(Ord. O-00-19 (part), 2000)
(Ord. O-00-19 (part), 2000; Ord. O-13-10, Pt. IV, 7-2-2013)
The chief inspector or other delegated inspector shall inspect the installation of any fence under permit for compliance with this section and conditions set forth by the design review board, board of public works or board of zoning appeals. Any person, firm or corporation violating any provision of this section shall be subject to the general penalty provisions of this chapter and Chapter 15.34.
(Ord. O-00-19 (part), 2000)
Except as otherwise provided, no person or organization shall maintain, own, erect or construct any building or structure which is used for commercial, multifamily, or institutional use or any part thereof or cause the same to be done which fails to support adequate radio coverage to public safety service workers, including but not limited to firefighters and police officers. For purposes of this section, adequate radio coverage shall include all of the following:
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