Number
251072
Version
SUBSTITUTE 2
Reference
211687
Sponsor
ALD. WESTMORELAND, TAYLOR, SPIKER AND BURGELIS
Title
A substitute ordinance relating to the impounding of vehicles used in reckless driving offenses.
Section
101-24.9-1 am
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 101-24.9-1 of the code is amended to read:
101-24.9. Impounding Vehicles Used in Reckless Driving Offenses.
1. AUTHORITY. Under the authority of s. 349.115, Wis. Stats., law enforcement officers may >>, at their discretion,<< impound any vehicle used in the commission of reckless driving, as defined under s. 346.62, Wis. Stats. or a local ordinance in strict conformity with s. 346.62, Wis. Stats.>>, at the time of issuing a citation or making an arrest for the offense<<.
Part 2. Section 101-24.9-2 and 3 of the code is repealed and recreated to read:
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 ha...
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