NUMB:
971806
VERS:
SUBSTITUTE 1
REF:
941628
XXBY:
THE CHAIR
TITL:
A substitute ordinance relating to the fees for removal and storage of vehicles.
SECS:
101-25-1 am
101-25-2 am
105-65-3 am
ANLS:
- Analysis -
The code currently authorizes towing of vehicles in violation of various parking regulations and provides for a charge of $135 per vehicle for removal and storage under s. 101-25. In addition, s. 105-65 provides for removal and storage charges for abandoned vehicles. This ordinance changes the terminology of "charge" to "vehicle reclamation charge" and establishes a vehicle reclamation charge of $80 for each vehicle and $11 for each day of storage.
BODY:
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 101-25-1 and 2 of the code is amended to read:
101-25. Towing Away of Vehicles.
1. AUTHORITY. Whenever any police officer finds a vehicle standing upon any highway in violation of ss. 101-3, 101-22.5, 101-23, 101-24, 101-24.1, 101-24.2, 101-26, 101-26.5, 101-27 and 101-32, 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]] >>vehicle reclamation charge that is imposed in order to reclaim a vehicle<< under this section shall be [[$135 per vehicle]] >>$80 per vehicle and $11 for each day of storage<<. The [[charges for removal and storage]] >>vehicle reclamation charge<< shall be paid to the commissioner of public works at the storage facility and the vehicle may be released from storage upon payment of all >>vehicle reclamation<< charges and presentation of proper identification. A notice informing the owner of the location of the vehicle, the procedure for reclaiming the vehicle and the availability of a review before the city attorney shall be mailed to the last known address within 24 hours after removal.
2. ADJUSTMENTS. Whenever the >>vehicle reclamation<< charges [[for removal and storage]] are paid, the vehicle shall be released to its owner. Whenever the citation 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 charge for which the citation upon which removal and storage is authorized is dismissed by the court, the commissioner of public works shall release the vehicle without payment of >>vehicle reclamation<< charges [[for removal and storage]] and shall refund any >>vehicle reclamation<< charges for [[removal and storage of]] such vehicle which shall have previously been paid.
Part 2. Section 105-65-3 of the code is amended to read:
105-65. Control of Abandoned Motor Vehicles and Trailers.
3. REMOVING AND IMPOUNDING. The chief of police or the commissioner of public works or any person acting on their behalf is authorized to remove or cause to be removed any motor vehicle or trailer which reasonably appears to be in violation of subs. 1 or 2, except that the removal of a motor vehicle or trailer in violation of sub. 1 may only be performed by or under the direction of a traffic officer or towing contractor under contract to the city. Whenever the >>vehicle reclamation<< charges >>as provided in s. 101-25-1<< [[for removal and storage]] are paid, the vehicle shall be released to its owner. Whenever the citation 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 charge for which the citation upon which removal and storage is authorized is dismissed by the court, the commissioner of public works shall release the vehicle without payment of >>vehicle reclamation<< charges [[for removal and storage]] and shall refund any >>vehicle reclamation<< charges for [[removal and storage of]] such vehicle which shall have been previously paid.
LRB:
APPROVED AS TO FORM
____________________________
Legislative Reference Bureau
Date: _____________________
CATT:
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
___________________________
Office of the City Attorney
Date: ____________________
ZDPT:
Department of Public Works
DFTR:
LRB98081.2
MCW
3/25/98