Number
020955
Version
ORIGINAL
Reference
Sponsor
ALD. DONOVAN, BREIER AND PAWLINSKI
Title
An ordinance relating to on-street parking of vehicles without visible vehicle identification numbers.
Sections
105-65.7 cr
Analysis
This ordinance prohibits any person from leaving any vehicle parked on city rights-of-way on which the vehicle identification number has been removed, altered, obliterated or otherwise made impossible to read, including instances in which the number is not readily visible from outside the vehicle. If the chief of police or commissioner of public works finds, on any alley, street, highway or public place within the city, any vehicle on which the identification number is not readily visible or on which the identification number has been removed, altered, obliterated or made impossible to read, the chief or the commissioner may order the vehicle to be ticketed and towed. The penalty for a violation of this ordinance is a forfeiture of not less than $50 nor more than $1,000, plus prosecution costs, or in default of payment thereof, imprisonment for a period not to exceed 40 days.
Body
Whereas, Section 342.30(1g) and (2), Wis. Stats., prohibit any person from removing, altering or obliterating a vehicle identification number or otherwise intentionally making such number impossible to read, including preventing the number from being readily visible from outside the vehicle; and
Whereas, Section 342.30(2m)(a), Wis. Stats., states that a traffic officer or person authorized to enforce non-moving traffic violations may use reasonable means to gain access to a vehicle if that vehicle's identification number cannot be read as required by s. 340.30(2), Wis. Stats.; and
Whereas, Section 342.30(4)(a), Wis. Stats., states that if a law enforcement agency finds a vehicle on which the vehicle identification number has been removed, altered or obliterated or made impossible to read, the law enforcement agency may seize the vehicle; and
Whereas, In s. 101-1-2 of the Milwaukee Code of Ordinances, the City of Milwaukee adopts ch. 342, Wis. Stats., by reference; and
Whereas, The identification number provides an effective and reliable means for positive identification of a vehicle for public safety purposes; and
Wheras, The identification number serves the important public policy purpose of assisting law enforcement officers in the prevention of vehicle theft as well as the identification of stolen vehicles; and
Whereas, The Milwaukee Common Council finds that there is a growing problem of on-street parking of vehicles lacking readily-visible vehicle identification numbers; and
Whereas, To promote public safety and to assist law enforcement personnel in performance of their duties, it is important to require some form of readily-visible identification on all vehicles at all times; now, therefore
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 105-65.7 of the code is created to read:
105-65.7. Vehicle Identification Numbers. 1. DEFINITION. In this section:
a. "Chief of police" means the police chief or any employe of the police department acting on the chief's behalf.
b. "Commissioner of public works" means the commissioner of public works or any employe of the department of public works acting on the commissioner's behalf.
c. "Identification number" means the numbers, letters or combination of numbers and letters assigned by the manufacturer of a vehicle or vehicle part or by the Wisconsin department of transportation and stamped upon or affixed to a vehicle or vehicle part for the purpose of identification. This term does not include the letters, numbers or combination thereof on vehicle license plates.
d. "Owner" shall include the lessee of a vehicle if the vehicle is registered or required to be registered by the lessee pursuant to ch. 341, Wis. Stats.
2. PROHIBITED. a. No person may remove, alter or obliterate an identification number.
b. No person may make it impossible to read a motor vehicle's identification number from outside the vehicle.
3. REMOVAL OF VEHICLE. If the chief of police or commissioner of public works finds, on any alley, street, highway or public place within the city, any vehicle on which the identification number has been removed, altered, obliterated or made impossible to read, including any vehicle on which the identification number is not readily visible when observed from outside the vehicle, the chief or commissioner may have the vehicle immediately removed to a suitable place of impoundment. If the identification number cannot be identified, the impounded vehicle shall be presumed to be contraband. If the identification number can be identified, a notice informing the registered owner of the location of the vehicle, the procedure for reclaiming the vehicle and the availability of an informal hearing before the city attorney shall be sent to the registered owner's last known address as registered by the owner with the state department of motor vehicles within 72 hours after removal.
4. DISPOSAL OF UNCLAIMED VEHICLES. As soon as practical after removal and impoundment of a vehicle under sub. 3, a duly authorized representative of the commissioner of public works shall appraise the value of such motor vehicle based on the prevailing market. Such vehicle shall be disposed of according to s. 105-65.
5. OWNER RESPONSIBLE FOR COSTS. The owner of any motor vehicle on which the identification number has been removed, altered, obliterated or made impossible to read, or is not readily visible from outside the vehicle, is responsible for all costs of impounding and disposing of the vehicle. Costs not recovered from the sale of the motor vehicle may be recovered in a civil action by the city against the owner.
6. RELEASE OF VEHICLE; CONDITIONS. Notwithstanding sub. 4, the owner of a vehicle that is impounded under this section may secure release of the vehicle by doing all of the following:
a. Paying any forfeiture imposed for violation of this section established pursuant to sub. 7 and the reasonable costs of impounding the motor vehicle.
b. Providing satisfactory evidence that the motor vehicle is currently registered in the state of Wisconsin or that, at the time of impoundment, a complete application for registration of the vehicle, including evidence of inspection under s. 110.20, Wis. Stats., when required, accompanied by the required fee had been delivered to the Wisconsin department of transportation or deposited in the mail properly addressed with prepaid postage, or the vehicle is exempt from registration under ch. 341, Wis. Stats.
c. Providing a current, valid driver's license and current certificate of title for the vehicle. If the vehicle's owner does not have a valid driver's license, the vehicle may be released to another person with a valid driver's license provided the licensed individual is accompanied by the vehicle's owner or can present a signed affadavit from the vehicle's owner authorizing the vehicle's release to the licensed invidual.
d. If the vehicle's identification number was removed, altered, obliterated or otherwise made impossible to read, even from inside the vehicle, providing satisfactory evidence that an applicantion to replace the identification number has been made to the Wisconsin department of transportation pursuant to s. 342.30(1m), Wis. Stats.
7. PENALTY. Any person convicted of violating sub. 2 shall forfeit not less than $50 nor more than $1,000 for each violation, together with the costs of prosecution. Upon failure to pay the forfeiture, the person shall be imprisoned in the county jail or house of correction for not more than 40 days for each offense.
LRB
APPROVED AS TO FORM
_________________________
Legislative Reference Bureau
Date:_____________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
________________________
Office of the City Attorney
Date:____________________
Requestor
Drafter
01575-1
jro
10/15/02