Number
071135
Version
ORIGINAL
Reference
Sponsor
ALD. DONOVAN, BOHL, ZIELINSK, BAUMAN AND MURPHY
Title
Resolution supporting introduction and passage of legislation by the Wisconsin Legislature authorizing adoption of municipal ordinances that permit the impoundment of vehicles operated in violation of cruising-related and other specified ordinances.
Analysis
This resolution directs the Intergovernmental Relations Division-Department of Administration to support legislation, such as 2007 Senate Bill 296, that authorizes municipalities to pass ordinances providing for the removal and impoundment of a motor vehicle at the time a citation is issued for the operation of the vehicle in connection with violation of ordinances that are specified by the municipality.
Legislation supported by this resolution would:
1. Require the inclusion of language in a municipal ordinance stating whether the
municipality may contract with a third party for towing services.
2. Require that a conforming municipal ordinance provide for the release of the
vehicle upon payment of any forfeiture for the authorized traffic violation and
the reasonable costs of towing and impounding the vehicle.
3. Permit the recovery of any unpaid forfeiture amounts, towing charges, storage
costs and un-recovered costs of disposal of the vehicle in a civil action by the
municipality against the owner of the vehicle.
Body
Whereas, Motor vehicles operated in violation of city ordinance constitute a hazard to the public, especially in situations related to cruising or unlawful assemblies; and
Whereas, Impoundment of vehicles operated in violation of ordinance may constitute both a deterrent to unlawful behavior, and an incentive to promptly resolve matters involving traffic-related citations; and
Whereas, Common Council File Number 051534, adopted April 11, 2006, directed the Intergovernmental Relations Division - Department of Administration to seek introduction and passage of state legislation authorizing municipalities to impound motor vehicles upon issuance of a citation in certain circumstances; and
Whereas, 2007 Senate Bill 296 (SB 296) has been introduced in the Wisconsin legislature; and
Whereas, SB 296 would authorize municipalities to provide by ordinance for the impoundment of a motor vehicle at the time of issuance of a citation for operating the motor vehicle in violation of an ordinance; and
Whereas, SB 296 includes authorization to recover towing charges, costs of storage and un-recovered costs of disposal, if any, of the impounded motor vehicle from the owner of the vehicle either voluntarily or through civil action; and
Whereas, SB 296 further requires release of an impounded motor vehicle upon payment of forfeiture amounts, reasonable towing charges and storage costs; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that the Intergovernmental Relations Division - Department of Administration is directed to seek passage of SB 296, or similar legislation, authorizing municipalities to adopt ordinances and procedures for the impoundment, storage and disposal of motor vehicles, when appropriate, in circumstances involving the issuance of a citation for operation of the motor vehicle in violation of specified ordinances; and, be it
Further Resolved, That SB 296, or similar legislation, include provisions authorizing the a municipality to contract with third parties for towing services; and, be it
Further Resolved, That SB 296, or similar legislation, provide that a municipality shall release an impounded vehicle upon payment of reasonable forfeiture amounts, costs of towing and costs of storage; and, be it
Further Resolved, That SB 296, or similar legislation, shall authorize a municipality to recover any unpaid forfeiture amounts, towing charges, costs of storage, and, in the event that the city disposes of the vehicle, the un-recovered costs related to disposal, by civil action brought against the owner of the vehicle.
Requestor
Drafter
LRB07557-1
RLW
11/19/2007