Number
251072
Version
ORIGINAL
Reference
211687
Sponsor
ALD. WESTMORELAND
Title
A substitute ordinance relating to the impounding of vehicles used in reckless driving offenses.
Section
101-24.9-2 rc
101-24.9-3 rc
101-24.9-3.5 cr
101-24.9-4 am
Analysis
This ordinance allows the police department to impound a vehicle used in any reckless driving offenses whether or not the driver is the owner of the vehicle, and removes certain other restrictions on vehicle impoundment. If a law enforcement officer finds that the impounded vehicle was stolen at the time of the offense, this ordinance allows the lawful owner to reclaim the vehicle without financial penalty.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 101-24.9-2 and 3 of the code is repealed and recreated to read:
101-24.9. Impounding Vehicles Used in Reckless Driving Offenses.
2. IDENTIFYING STOLEN VEHICLES. Upon impounding a vehicle under sub. 1, a law enforcement officer shall make a reasonable effort to determine if the vehicle has been reported as stolen. If the officer determines that the vehicle has been reported as stolen, the officer or the commissioner of public works shall make a reasonable attempt to contact the owner.
3. RECOVERY OF IMPOUNDED VEHICLE. The city shall return an impounded vehicle to the owner provided each of the following:
a. The owner has completed payment of any outstanding fine or forfeiture owed by the owner.
b. The owner has paid any additional costs associated with impounding the vehicle, including towing, transportation and storage fees in accordance with s. 101-25-1-b.
Part 2. Section 101-24.9-3.5 of the code is created to read:
3.5 RECOVERY OF IMPOUNDED STOLEN VEHICLE. Notwithstanding sub. 3, the commissioner of public works shall return to its owner a vehicle reported as stolen and impounded under sub. 1 without the payment of a fee or charge.
Part 3. Section 101-24.9-4 of the code is amended to read:
4. DISPOSAL OF IMPOUNDED VEHICLE. [[The]]>>Subject to sub. 2, the<< city may dispose of any vehicle impounded under [[sub. 2]]>>sub. 1<< in accordance with s. 342.40, Wis. Stats., provided the impounded vehicle remains unclaimed for more than 90 days after the disposition of the reckless driving citation for which the vehicle was impounded.
LRB
APPROVED AS TO FORM
K. Broadnax
____________________________
Legislative Reference Bureau
Date: October 16, 2025
______________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
____________________________
Office of the City Attorney
Date: ______________________
Requestor
Drafter
LRB180832-1
Max Drickey
10/16/2025