Wauwatosa's Sidewalk & Pedestrian Rules: The Rules That Matter

Every city handles sidewalk & pedestrian rules a little differently. In Wauwatosa, Wisconsin, there are 3 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Sidewalk Repair

In Wauwatosa, the owner of every lot or tract of land adjoining a public sidewalk must keep that sidewalk in good and safe condition. Neglect draws a five-dollar penalty for each three-day period the defect goes unfixed, plus the city's costs of prosecution, under Wauwatosa Municipal Code Section 12.20.090.

Key details: Who must maintain: Abutting property owner (§ 12.20.090). Neglect penalty: $5 per 3 days plus prosecution costs. Repair notice period: 3 days after board of public works notice. Non-compliance outcome: City repairs, bills owner via special tax. Standard sidewalk width: 5 feet (§ 12.20.050).

Ignoring the ordinary maintenance duty under Section 12.20.090 carries a forfeiture of five dollars for each three-day period of neglect plus the costs of prosecution. Ignoring a formal repair notice under Section 12.20.100 is costlier: the board of public works repairs the sidewalk itself and certifies the expense to the city clerk, who levies it as a special tax lien against the property, collected exactly like a delinquent property tax.

Encroachment Permits

No one may encroach on Wauwatosa city land, a right-of-way or an easement, including the strip behind the curb where sidewalks sit, without common council authorization. Municipal Code Section 12.42.010 requires an application to the board of public works and, for structures needing a building permit, a nonrefundable fee before work begins.

Key details: Authorization required from: Common council (§ 12.42.010). Application filed with: Board of Public Works (§ 12.42.020). Fee: Nonrefundable, per fee schedule for structures. Fee waiver: Board may waive for unusual circumstances. Agreement recorded at: Milwaukee County register of deeds.

Encroaching on city land, a right-of-way or an easement without common council authorization under Section 12.42.010 exposes the encroachment to removal. Under Section 12.42.050 the city can take out the unauthorized structure itself and place the cost of removal as a lien against the abutting property whenever the encroachment can reasonably be traced to that property's owner or tenant.

Obstruction Rules

Wauwatosa's disorderly conduct chapter makes it unlawful to obstruct or interfere with the free use of or travel on public sidewalks, streets or rights-of-way, and separately bars discarding litter or refuse on a public sidewalk unless another code provision allows it.

Key details: Governing section: Wauwatosa Municipal Code § 7.48.010. Also relevant: Public nuisance definition, § 7.18.030. Complaint-driven: § 7.18.040 inspections occur upon complaint. Penalty: General penalty per § 7.48.160 / § 1.12.010. Adopted: Ord. O-00-6, 2000; amended Ord. O-11-13, 2011.

Section 7.48.160 sets the penalty for Chapter 7.48 violations, including sidewalk obstruction, at the general penalty in Section 1.12.010 unless a more specific penalty applies: a forfeiture of one to five thousand dollars for a first offense, with each day of a continuing obstruction potentially treated as a separate offense.

The Bottom Line

Wauwatosa's sidewalk & pedestrian rules 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 Wauwatosa is broadly strict or permissive.

Keep in mind that Wauwatosa 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.