1. Purpose and Title. This section shall provide the City of West Allis with rules and regulations to improve public safety by promoting the control of fire hazards and life safety; 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 achievements of these objectives.
2. Application. The provisions of this Code shall apply equally to public and private property, and it shall apply to all structures. The owner of the property and the occupier of the property shall comply with the provisions of this Code.
3. Adoption of Fire Prevention Regulations. The following are adopted by reference and incorporated into the West Allis Fire Prevention Code, as if fully set forth herein, and any violation of the incorporated provisions constitutes a violation of this Code:
   1. The provisions of the Fire Prevention Code of the National Fire Protection Association (NFPA), NFPA No. I, and its incorporated standards and codes, as published in the National Fire Codes of the NFPA and listed in Annex A of the NFPA Fire Prevention Code, as it is from time to time updated and amended.
   2. The codes of the State of Wisconsin relating to fire prevention as they are from time to time amended by the Department of Safety & Professional Services.
4. Enforcement. [Ord. O-2013-0012, 3/5/2013]
   1. Fire Prevention Bureau. The Fire Prevention Code shall be enforced by the Fire Chief of the City of West Allis. The Fire Chief may detail such members of the Fire Department as Inspectors as shall be deemed necessary. A Fire Prevention Bureau in the West Allis Fire Department is created to operate under the supervision of the Chief and to assist the Chief in the enforcement of the Fire Prevention Code. The Fire Chief shall designate an official of the West Allis Fire Department as the officer in charge of the Fire Prevention Bureau. The officer in charge of the Fire Prevention Bureau shall be responsible for the direct administration and enforcement of the Fire Prevention Code.
   2. Frequency of Inspections. The Fire Chief shall base the frequency of inspections on a risk hazard analysis that shall include hazard classification, occupancy type, record of Fire Code violations and fire events. All occupancies shall be inspected at least once per calendar year, providing that the interval between inspections does not exceed fifteen (15) months.
5. Bulk Storage of Liquefied Petroleum Gases. Liquefied petroleum gas installations with an aggregate capacity of more than 90 pounds shall not be permitted in the City of West Allis, except in the MC-1 Manufacturing District, as defined by Section 12.42 of the Revised Municipal Code, and the Heavy Industrial District, as defined in Section 12.10 of the Revised Municipal Code, or unless otherwise permitted as a special exception by the Common Council.
   
   Existing nonconforming residential installations are exempt from this restriction, but such installation may not be moved, replaced or expanded in capacity over that in existence at the time of passage of this Code.
6. Storage of Flammable and/or Combustible Liquids in Storage Tanks.
   1. The storage of flammable liquids, other than liquefied petroleum gases, in outside above ground tanks, is prohibited in the following zoning districts: all zoning districts established by the zoning ordinance of the City of West Allis, except the MC or Heavy Industrial Manufacturing District, or unless permitted as a special exception by the Common Council of the City of West Allis.
   2. New bulk plants for flammable and combustible liquids are prohibited in the following zoning districts: all zoning districts established by the zoning ordinance of the City of West Allis, except the MC or Heavy Industrial Manufacturing District, or unless permitted as a special exception by the Common Council of the City of West Allis.
   3. Underground storage tanks shall be prohibited in areas of the City which are zoned or used for residential purposes, unless permitted as a special exception by the Common Council of the City of West Allis.
   4. Above ground storage tanks must be approved by the Common Council and must meet the following requirements:
      1. The tank must be labeled as to contents and size after installation and must have NFPA 704 markings.
      2. A listed dispensing device and manual nozzle.
      3. A fire extinguisher with minimum classification of 2A20BC.
      4. An emergency shut-off switch for the fuel pump.
      5. A six foot high industrial fence around the tank.
      6. A masonry spill containment to hold one hundred twenty-five percent (125%) of the product stored in the tank.
      7. Plans showing each tank's proper location from buildings and lot lines.
      8. Posts or guardrails to prevent any part of a delivery or fueling vehicle from striking either tank(s) or pump(s).
      9. Building and electrical permits.
      10. Automatic shut-off valve between each tank and fuel pump.
      11. Such other requirements set forth in the codes adopted by Section 5.10(3) that the Fire Prevention Bureau determines will enhance safety.
      12. Conditional approval from the Fire Prevention Bureau.
7. Automatic Fire Protection Equipment.
   1. Intent. The intent of this section is to require automatic fire extinguishing systems in vent hoods and direct systems for all commercial type kitchens to effectively extinguish fire at its source and reduce the property damage and loss caused by kitchen fires.
   2. Definitions. For the purpose of this section, the following definitions shall be applicable:
      1. "Accepted" means approved in writing by the Fire Prevention Bureau.
      2. "Approved Automatic Fire Extinguishing Systems" means a package unit as listed by the Underwriters Laboratories, Inc. (or other nationally recognized testing laboratory), fire protection equipment list in effect at the date of installation, for the extinguishment of fires in hoods, filters and ducts used for ventilation of cooking equipment or a system individually designed to the applicable standards for the type of extinguishing equipment.
      3. "Cooking Equipment" means ranges, ovens, broilers, deep fryers, grills and other cooking appliances designed for use in preparing food.
      4. "Duct System" means enclosures or pipes attached to the hood and leading to the outside for the purpose of venting and dissipating cooking vapors, smoke and residue.
      5. "Establishment" means a building or room, public or private, where food is prepared for consumption either on or off the premises by customers, patients, members or inmates of such building or room. Included in, but not limited to, this definition are schools, churches, hospitals, nursing homes, lodges, hotels, motels, cafeterias, restaurants, taverns, food kitchens and places of detention.
      6. "Hood" means the portion of the cooking system usually installed above the cooking equipment and designed for the primary collection of cooking vapors and residues, constructed of galvanized steel or stainless steel, and having tight joints.
      7. "Package Unit" means a complete automatic fire extinguishing system designed by the manufacturer and installed in accordance and compliance with the manufacturer's instructions and recommendations. Systems designed for individual installation by competent authority and accepted by the Fire Prevention Bureau shall be deemed to be in compliance with this section.
   3. Where Required.
      1. All hood and duct systems installed in an establishment shall be equipped with approved automatic fire extinguishing systems designed for manual and automatic operation and shall meet all the requirements of the Codes adopted in Section 5.10(3).
   4. Installation Requirements.
      1. A dimensional drawing or sketch showing the hood and ducts and the extinguishing system shall be prepared, together with a form showing the size of the hood and ducts, the area of the protected surface, the model, size and number of package units, the size and length of piping, the number and type of fittings, and the number of nozzles and distance of nozzles above the cooking surface.
      2. Review of Plans. All plans for automatic fire extinguishing equipment shall be submitted for review and acceptance by the Fire Prevention Bureau prior to installation of the equipment. Three sets of plans and specifications will be submitted to the Bureau for review. Two sets shall be returned to the installer and shall be stamped "Approved by the Fire Prevention Bureau," with the date of such approval, and the other set shall be retained by the Fire Prevention Bureau.
      3. Installation. Installation of the system shall be done by or under the supervision of a factory authorized representative. Package units or individually designed units shall be installed in conformance with the limitations of the designers' or manufacturers' specifications and in compliance with the codes adopted in Section 5.10(3). Hoods shall be installed with a clearance of not less than 18 inches from woodwork or other combustible material. A manual control for operation of the system shall be installed near the hood no higher than five feet or lower than two feet from the floor and shall be free from any obstruction.
   5. Maintenance. All extinguishing systems shall be inspected semi-annually by a factory authorized representative and a certificate of this inspection, signed by the factory representative and the owner or occupier of the establishment, shall be submitted to the Fire Prevention Bureau.
8. Fire Hydrant Requirements on Private Property.
   1. Intent. The intent of this section is to insure adequate water supply for fire fighting purposes to structures and buildings located at extended distances from approved fire hydrants on private property.
   2. Where Required.
      1. Any building, hereafter erected or structurally altered to increase the floor area by 50% or more, which is located such that any part of the building or addition is 300 feet or more from any street or highway, or 500 feet or more by normal access routes from an approved fire hydrant, shall have provided, at the owner's expense, free standing, approved fire hydrants located as follows:
         1. One approved fire hydrant shall be located between twenty-five (25) to 50 feet from the building's main entrance.
         2. Additional approved fire hydrants shall be provided around the perimeter of the building and positioned twenty-five (25) to 50 feet from the exterior wall so that no approved fire hydrant is more than 500 feet from any other approved fire hydrant by normal access routes.
         3. When a substantial portion of the building perimeter is not accessible by normal access routes, approved wall hydrants per National Fire Protection Association (NFPA) Codes and standards will be provided. The number and location will be determined by the Chief of the Fire Department.
      2. Fire Department standpipes.
         1. Class 3 standpipes will be installed in any building, hereafter erected or structurally altered to increase the floor area by 50% or more, if three stories or more, and/or new buildings, which, because of their occupancy, create special fire fighting problems. All standpipes will be installed per National Fire Protection Association (NFPA) Codes and Standards 14. The number and location will be determined by the Chief of the Fire Department.
         2. The installation of a sprinkler system will not supersede the requirements for the installation of Fire Department standpipes.
      3. Any new mobile home or trailer park or any mobile home or trailer park which expands by adding additional trailers or area to the present court site shall provide an approved fire hydrant when any trailer or building located in such park is more than 300 feet from an approved fire hydrant. Approved fire hydrants shall be provided so that no trailer or building is more than 300 feet from any approved fire hydrant.
      4. Approved Fire Hydrant. Where an internal fire protection appliance incorporates a Fire Department connection, a pumper hydrant shall be provided, at the owner's expense, within 100 feet of the connection.
   3. Approved Fire Hydrant. An approved fire hydrant is a hydrant approved by the West Allis Water Department and Fire Department with one four and one-half (4-1/2) inch and two two and one-half (2-1/2) inch Fire Department connections.
      
      The connecting water line from the City water main to the vicinity of the approved fire hydrant shall be not less than an eight inch diameter water pipe. A 12 inch water line shall be installed if it is needed to meet minimum fire flow requirements. Looped water line systems may be required for larger developments. The hydrant branch from the new water line to the new fire hydrant shall be not less than six inches in diameter and shall not exceed 40 feet in length and be capable for delivering 1,500 gallons per minute with 20 pounds residual pressure. All approved fire hydrants and valves shall be purchased from the West Allis Water Department and shall be approved by the Chief of the Fire Department and shall be installed in accordance with the standards of the West Allis Engineering Department.
   4. Use of Approved Fire Hydrants on Private Property. Approved fire hydrants, provided pursuant to the terms of this section, shall be used solely for the purpose of fire protection.
      1. Property owners providing approved fire hydrants, pursuant to the requirements of this section, shall grant the City of West Allis, through the Department of Public Works, a 10 foot easement on both sides of the water main and around the approved fire hydrant, for the purpose of routine inspection, testing, maintenance and repair of the water main and approved fire hydrant by the City of West Allis. Subsequent to June 1, 1982, the grant of such easement shall be a condition prerequisite to the issuance of an occupancy permit. Easements granted pursuant to the terms of this subsection shall be subject to the following conditions:
         1. Access to approved fire hydrants with easements shall not be obstructed under any circumstance. Prohibited obstructions may include, but are not limited to, snow accumulation, parked vehicles, material and equipment storage and refuse storage.
         2. Improvements within easements may be constructed only upon prior written approval by the City of West Allis Fire Department and Department of Public Works.
         3. The cost of repairing and restoring improvements within easements, which is incurred as the result of repair or replacement of water mains, shall be borne by the property owner.
         4. Property owners providing approved fire hydrants, pursuant to the terms of this section, shall bear the cost of repairs to approved fire hydrants which are required as the result of damage. Damage repairs shall be accomplished by either of the following:
            1. The City of West Allis, with the cost of such repairs billed to the property owner.
            2. A contractor selected by the property owner and approved by the West Allis Water Department. The work of the contractor shall be inspected and approved by the West Allis Water Department.
         5. Property owners shall immediately advise the West Allis Fire Department and Water Department as to easement approved fire hydrants which have been damaged or are found to be inoperable.
         6. The grant of an easement to the City of West Allis for the purpose of inspection, testing, maintenance and repair of approved fire hydrants shall not affect the responsibility of property owners for City of West Allis Water Utility quarterly service charges.
      2. Owners of approved fire hydrants installed prior to June 1, 1982, may grant an easement to the City of West Allis for the purposes and under the conditions described in subsection (1) above, and provided that prior to the acceptance of the easement:
         1. Approved fire hydrants shall be of an approved type, conforming to the standards prescribed by subsection (c) above.
         2. The capacity and operating condition of the water distribution system servicing each approved fire hydrant shall be approved by the West Allis Fire Department and Department of Public Works.
         3. Each approved fire hydrant shall be satisfactorily flow tested.
   5. Inspection, Testing, Maintenance and Repair of Approved Fire Hydrants.
      1. Inspection, testing, maintenance and repair of approved fire hydrants, as to which an easement has been granted, pursuant to subsection (e) above, shall be conducted in accord with the terms of the easement.
      2. Inspection, testing, maintenance and repair of approved fire hydrants, as to which an easement has not been granted, pursuant to the provisions of subsection (e) above, shall be the responsibility of the property owner. This responsibility shall include the obligations to:
         1. Flow test each approved fire hydrant at least once during each five year period and maintain records of the result of such tests for a period of five years. Such records shall be subject to inspection upon demand by representatives of the West Allis Fire Department and Water Department.
         2. Maintain approved fire hydrants in proper operating condition at all times and upon request of officials of the West Allis Fire Department, perform such tests, to include a flow test, which will demonstrate the proper operating condition of the approved fire hydrant.
         3. Not obstruct access to the approved fire hydrant under any circumstance. Prohibited obstructions may include, but are not limited to, snow accumulation, parked vehicles, material and equipment storage and refuse storage.
         4. Property owners shall immediately advise the West Allis Fire Department and Water Department as to approved fire hydrants which have been damaged or which are found to be inoperable.
9. Open Burning. [Ord. O-2000-0002, 6/1/2010]
   1. Open burning is prohibited in the City of West Allis and no person, firm, corporation or other entity shall burn, cause to be burned, or suffer or allow to burn in the open air leaves, garden refuse, wood, refuse, or other combustible material.
   2. This subsection shall not apply to:
      1. A charcoal or gas grill used in the cooking of food.
      2. The smoking of tobacco products.
      3. A device for the burning of wood that is equipped with a metal hood and screen that completely encloses the area where wood is burned so as to prevent embers or sparks from exiting the device.
   3. The exception allowed in Subsection 5.10(9)(b)3 shall not apply during such times as the West Allis Fire Chief declares a ban on burning due to dry conditions. Notice of such ban shall be published in the official City newspaper. After publication or after direct notice, no person shall use such a device until the West Allis Fire Chief declares that the ban is terminated.
   4. The burning permitted in Subsection 5.10(9)(b)3 shall be subject to the following conditions:
      1. Such devices shall not be used on porches or decks or within 10 feet of a dwelling, garage, or other accessory structure.
      2. Such devices shall not be used between the hours of 11:00 p.m. and 8:00 a.m.
      3. Such devices shall be tended by a competent person at all times combustion is occurring. To constitute being "tended," the device must be within the direct observation of the competent person taking care of the fire.
10. Smoking in Theaters. No person shall ignite a match or other flame-producing device or shall smoke or carry a lighted cigar, cigarette or pipe in any theater, except in areas approved by the Fire Prevention Bureau, provided such areas are free from all flammable and combustible floors, walls, furniture, fixtures and decorations. Whenever a patron is observed smoking in violation hereof, the owner, lessee, manager, person in possession or charge or employee shall notify such person forthwith of the violation and shall notify the West Allis Police Department or West Allis Fire Department, if such violation continues. This paragraph shall not be construed to prohibit the use of lighted cigars, cigarettes or pipes upon the stage of any theater when used in connection with any performance, when permission has been granted by the Fire Prevention Bureau.
11. Causing Fire by Tobacco Smoking. No person, by smoking or attempting to light or to smoke cigarettes, cigars, pipes or tobacco in any manner in which lighters or matches are employed, shall, in a careless, negligent or reckless manner, set fire to any bedding, furniture, curtains, trash or other refuse, or any part of a building, so as to endanger life or property in any way or to any extent.
12. Smoking in Schools or Public Libraries. It shall be unlawful to light a match or any flame-producing device, or to smoke or carry a lighted cigar, cigarette or pipe in any school building or in the Public Library, except in areas approved for such a purpose by the Fire Prevention Bureau. It shall be the duty of the person or persons in charge of such buildings to post and maintain signs bearing the words "NO SMOKING" in locations designed to give notice to persons entering the building or as designated by the Fire Prevention Bureau.
13. Christmas Tree Sales.
    1. For the purpose of this paragraph, the following minimum standards shall apply to the storage, handling and display of Christmas trees and foliage:
       1. Trees and foliage shall be stacked not closer than 10 feet from any gasoline pump or other device for the transfer of petroleum products.
       2. Aisles or clear spaces of not less than three feet shall be maintained at all times.
       3. No Christmas trees or foliage shall contact any electric wires.
       4. A fire extinguisher with a 2A10BC rating or greater shall be provided by the merchant for each seventy-five (75) feet of travel in the display and/or storage area.
       5. All storage and sales of Christmas trees and foliage shall be held outside of all buildings.
    2. It shall be unlawful to light a match or any flame producing device, or to smoke or carry a lighted cigar, cigarette or pipe in areas where Christmas trees or foliage is sold, displayed or stored. The person in charge of the Christmas tree sales shall post "NO SMOKING" signs in locations designed to give persons entering the area notice of this regulation.
14. Automatic Fire Detection Systems and Warning Systems.
    1. Definitions. For the purpose of this paragraph, the following definitions shall be applicable:
       1. Approved. Acceptable to the Fire Prevention Bureau.
       2. Automatic Fire Detector. A device designed to detect specific products of fire.
       3. Ceiling. The upper surface of a space, regardless of height. Areas with a suspended ceiling would have two ceilings, one visible from the floor and one above the suspended ceiling.
       4. Labeled. Equipment or materials to which has been attached a label, symbol or other identifying mark of an organization approved by the Fire Prevention Bureau and concerned with product evaluation, that maintains periodic inspection of production of labeled equipment or materials and by whose labeling the manufacturer indicates compliance with appropriate standards or performance in a specified manner.
       5. Listed. Equipment or materials included in a list published by an organization approved by the Fire Prevention Bureau and concerned with product evaluation, that maintains periodic inspection of production of listed equipment or materials and whose listing states either that the equipment or material meets appropriate standards or has been tested and found suitable for use in a specified manner.
       6. Public Building. Any structure that the public has access to regardless of the limitation of the access. This would include, but is not limited to, financial institutions, apartments, theaters, restaurants, service stations, retail stores, taverns, office buildings, schools, hospitals and buildings owned by the City.
       7. Spacing. A horizontally measured dimension relating to the allowable coverage of fire detectors.
    2. Fire Detection System Requirements. The owner of each public building shall install the appropriate automatic fire detection system for their building. The appropriate type of automatic fire detection system will be determined in accordance with National Fire Protection Association 72E. If there is a disagreement in interpretation in determining what type of automatic fire detection system to install, the Fire Prevention Bureau will make the final decision.
       
       The automatic fire detection system will be installed in accordance with the manufacturer's specifications and recommendations and in accordance with the standards of National Fire Protection Association 72E. This will include, but is not limited to, these requirements:
       
       Direct and permanent wiring to a proper unswitched circuit.
       Interconnection to the fire alarm system when that system is required by Code.
       Connection to an outside alarm.
       Complete information regarding the automatic fire detection systems, including specifications and floor plans showing the location of the fire detection systems, shall be submitted to the Fire Prevention Bureau for approval prior to the installation of the detectors.
       
       Before requesting final approval of the installation by the Fire Prevention Bureau, the installing contractor shall furnish a written statement to the effect that the automatic fire detection systems have been installed in accordance with approved plans and tested in accordance with the manufacturer's specifications.
       
       Upon completion of the installation, a satisfactory test of the automatic fire detectors, in accordance with Chapter 8 of the National Fire Protection Association 72E, shall be made in the presence of a representative of the Fire Prevention Bureau.
       
       The automatic fire detection systems shall be maintained and tested in accordance with the National Fire Protection Association standards.
    3. Failure to Test Systems.
       1. If the owner of a building fails to comply with the testing required in subsection (b), the Fire Department shall inform the owner, in writing, that if the required testing is not completed within 14 days, the Fire Department will conduct the testing. The notice shall be mailed to the owner's last known address and to the building manager, if any, and shall be posted in a conspicuous place on the property in question.
       2. If, after the expiration of the 14 days set forth in the notice, the owner has failed to comply, the Fire Department may conduct the testing. The cost of the testing shall be billed to the owner of the property and shall be payable within 60 days from the date the invoice is mailed to the owner. If the owner fails to pay the costs of testing the alarm system, within 60 days, the charges shall become a lien against the property and shall be extended upon the tax roll as a delinquent tax against the property, as set forth in sec. 66.60(16) of the Wisconsin Statutes.
    4. Smoke Detectors. A member of the Fire Department, who obtains information that a smoke detector which is required is not installed or is not functional, shall give notice to the owner as provided in sec. 101.645(3) of the Wisconsin Statutes. If, after five days from the date of the notice, the owner has not complied, the Fire Department may install the required smoke detectors or replace batteries in existing smoke detectors to make them functional. The cost of the Fire Department installing smoke detectors or batteries shall be billed to the owner as set forth in subsection (c)(2).
    5. Citation for Violation. In addition to the charges for service set forth in subsections (c) and (d), any West Allis Police Officer is authorized to issue a citation for violations of this section as follows:
       
       

       First violation in a calendar year	$25.00 plus costs
       Second violation in a calendar year	$50.00 plus costs
       Third and subsequent violations in a calendar year	$100.00 plus costs

15. Automatic Closing Devices.
    1. Where Installed.
       1. Except on single and two family dwellings, there shall be an automatic closing device on all fire and smoke doors, except doors leading directly outside in all buildings, regardless of size.
       2. On all fire shutters and vents.
       3. Wired into fire alarm system where fire alarm system is required.
    2. How Installed. Per National Fire Protection Association standards and West Allis Fire Department requirements.
16. Automatic Fire Sprinklers. (Reserved)
17. Fireworks. The provisions of Section 6.03(8) of the Revised Municipal Code are incorporated by reference and made a part of the Fire Prevention Code, as if fully set forth herein. [Ord. O-2006-0030, 6/6/2006]
18. Modifications. The officer in charge of the Fire Prevention Bureau shall have power to modify any of the provisions of the Fire Prevention Code, upon application, in writing, by the owner or occupier, or a duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the Code, provided that the spirit of the Code shall be observed, public safety secured and substantial justice done. The particulars of such modifications, when granted or allowed, and the decision of the officer in charge of the Fire Prevention Bureau thereon, shall be entered upon the records of the Department and a signed copy shall be furnished to the applicant.
19. New Materials, Processes or Occupancies Which May Require Permits. The Building Inspector, the officer in charge of the Fire Prevention Bureau and the Chief of the Fire Department shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies which shall require permits, in addition to those now enumerated in this Code. The officer in charge of the Fire Prevention Bureau shall post such list in a conspicuous place in his office, distribute copies to interested persons and file a copy in the office of the City Clerk.
20. Interpretation. Whenever the provisions of this Code conflict with the provisions of the regulations adopted under Section 5.10(3), the provisions of this Code shall govern. Whenever the provisions of the regulations adopted under Section 5.10(3) conflict, the officer in charge of the Fire Prevention Bureau shall elect which provision is to govern.
21. Appeals. Whenever an application is denied, or when it is claimed that the provisions of the Code do not apply, or that the true intent and meaning of this Code have been misconstrued or wrongly interpreted, the applicant or aggrieved person may appeal from the decision to the Board of Appeals within 30 days from the date the written decision is received.
22. Possession of Ignition Devices Prohibited. [Ord. 6256, 10/1/1996]
    1. Definitions. For purposes of this section, the following terms shall mean:
       1. "Ignition Device" means matches, lighters and any other material used for the purpose of ignition.
       2. "Minor" means a person who has not yet attained the age of 18 years.
    2. Possession Prohibited. No minor may possess any ignition device, unless under the direct supervision of an adult.
    3. Delivery Prohibited. No adult shall permit an ignition device to be served, sold, dispensed, given away or made available to any minor, unless such minor is accompanied by a parent, guardian or spouse who has attained the age of 18 years.
    4. Confiscation. Any ignition devices possessed by a minor, contrary to Subsection (2), may be confiscated by a police officer.
    5. Penalty. Any person who violates any provision of this section shall forfeit $25 for the first violation and $50 for the second and subsequent violation, together with the costs of prosecution and, in default of payment thereof, by imprisonment in the Milwaukee County House of Correction until such forfeiture and costs are paid, but not more than the number of days set forth in sec. 800.095(4) of the Wisconsin Statutes, or by suspension of the defendant's operating privilege, pursuant to secs. 343.30 and 345.47 of the Wisconsin Statutes.
    6. Educational Program. In addition to or in lieu of any other penalties provided for in this Code, the Judge of any court of competent jurisdiction may order any person found guilty of violating this section to any educational programs, as the court deems appropriate, and include as part of the penalty thereof that such person pay the costs of such educational program.
       
23. Regulation of Alarm Systems
    1. Definitions. The following definitions are applicable to this subsection:
       1. Alarm System. A smoke detector, heat detector, duct detector, water flow detector, or similar system, which is designed to summon or cause a response by the Fire Department by transmitting a signal to a central alarm system or produces an audible or visual signal.
       2. False Alarm. A signal from an alarm system resulting in a response by the Fire Department when an emergency situation does not exist, regardless of the manner in which the Fire Department is alerted.
    2. False Alarms.
       1. No person owning real property served by an alarm system shall cause or permit the giving of a false alarm, whether intentional, accidental or otherwise.
       2. No person shall intentionally cause the activation of an alarm system knowing that no emergency exists.
       3. Fee for false alarm response. In the event that the Fire Department responds to a false alarm, a fee as specified in the most recent Schedule of Fees resolution shall be imposed upon the owner of the property served for the third and each subsequent false alarm at the same property in a calendar year. Any fee payable to the City of West Allis that remains unpaid 30 days after imposition of the fee is delinquent and may be assessed against the tax parcel served as a special charge for current service, without notice, pursuant to sec. 66.0627(2) of the Wisconsin Statutes.
       4. In cases of multi-family residential properties, false alarms initiated by the activation of smoke detector within a single apartment unit, the fee shall be assessed by the number of incidents per year originating from the same apartment unit.
    3. Exemptions. This section shall not apply to the following:
       
       1. An alarm system which gives a signal solely within the interior of the building in which it is located.
       2. Alarm systems which are installed in buildings owned or leased by the City of West Allis.
       3. Alarm systems installed in one and two-family dwellings.
          

Editor's Note: Former Subsection (22), Penalties, was repealed 7/6/2010 by Ord. O-2010-0023. Said ordinance also renumbered former Subsection (23) as Subsection (22).