Number
130906
Version
ORIGINAL
Reference
Sponsor
THE CHAIR
Title
An ordinance relating to notification of owners of towed vehicles.
Sections
101-25-1 am
Analysis
Currently, the city is required to mail a notice to the owner of a vehicle whose vehicle has been towed for a violation of a traffic code provision informing the person of the location of the vehicle, the procedure for reclaiming the vehicle and the availability of a review before the city attorney within 24 hours after removal of the vehicle. This ordinance changes the notification period to 72 hours after removal of the vehicle.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 101-25-1 of the code is amended to read:
101-25. Towing Away of Vehicles. 1. AUTHORITY. Whenever any police officer, or the commissioner of public works or any of the commissioner's designees finds a vehicle standing upon any highway in violation of [[ss]] >>s.<<. 101-3, 101-22.5, 101-23, 101-23.2, 101-24, 101-24.1, 101-24.2, 101-26, 101-26.5, 101-26.7, 101-27, 101-27.8, 101-29 [[and]] >>or<< 101-32, the officer, or commissioner of public works or the commissioner's designee is authorized to remove the vehicle to a secure impound lot. The removal may be performed by or under the direction of the officer, or the commissioner of public works or the commissioner's designee, or a towing contractor under contract with the city. The vehicle reclamation charge that is imposed in order to reclaim a vehicle under this section shall be $105 per vehicle for standard towing, and $125 for flatbed towing. The charge for outdoor storage shall be $20 for each day of storage, and the charge for indoor storage shall be $30 per vehicle for each day of storage. An additional reclamation charge shall be imposed for the actual costs, including costs of labor, incurred in the treatment, disposal, removal or abatement of any substance, chemical or other material contained within or upon a vehicle when, in the judgment of the commissioner or commissioner's designee, such action is necessary to render the vehicle into a safe and sanitary condition. The 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]] >>72<< hours after removal.
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
DPW-Parking
Drafter
LRB149581-1
TWM:lp
10/11/2013