Public Conduct in West Allis, WI

If you live in West Allis or are thinking about moving there, public conduct are one of those things you probably won't think about until they affect you directly. West Allis has 4 specific rules on the books covering different aspects of public conduct, and some of them might surprise you.

Outdoor Smoking Restrictions

West Allis bans smoking within 25 feet of building entrances, near the Farmers Market, and within 100 feet of public playground equipment.

Key details: Governing section: WAMC § 7.20. Buffer near entrances: 25 feet. Buffer near playgrounds: 100 feet. Fine range: $100-$250 per violation.

$100-$250 forfeiture per violation for smoking in a banned location; a person in charge who fails to enforce the rule faces a separate $100 forfeiture, capped at $100 total per day.

Loitering Rules

West Allis makes it an offense to loiter or prowl in a way that raises alarm about safety, but officers must first ask the person to identify themselves and explain their presence.

Key details: Required officer step: Ask person to identify, explain. Trigger factors: Flight, concealment, refusal to identify. Built-in defense: Officer skipped ID request. Legal standard: Circumstances warranting safety alarm.

An arrest under this section fails if the officer never gave the person a chance to identify themselves and explain their conduct, or if that explanation would have dispelled the alarm.

Public Alcohol Use

Open containers of alcohol or CBD/THC beverages are banned on West Allis public ways and City property, with carve-outs for licensed premises and permitted community events.

Key details: Covers: Alcohol and CBD/THC beverages. Applies to: Public ways, City property. Exception: Council-designated community events. Exception: Farmers market purchases.

Possessing or drinking from an open container on a public way or City property outside the listed exceptions is a citable violation enforced by West Allis Police.

Public Marijuana Use

West Allis police issue a municipal citation, not a criminal charge, for marijuana possession under home-rule authority, including use in public, unless the person has a qualifying prior conviction or over 25 grams.

Key details: Legal basis: Wis. Stat. § 66.0107(1)(bm). Adopted state offense: Wis. Stat. § 961.41. Penalty type: Municipal forfeiture, not criminal. Large-amount limit: Over 25 grams needs DA declination. Adopting ordinance: Ord. O-2014-0035 (2014).

A marijuana-possession citation is a municipal forfeiture capped at the fine or forfeiture set for the comparable state offense under § 961.41, plus prosecution costs - not a criminal charge.

If you are coming from a city with tighter rules, you will find West Allis gives residents more flexibility on public marijuana use.

The Bottom Line

West Allis's public conduct rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming West Allis is broadly strict or permissive.

Keep in mind that West Allis can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.