Number
051344
Version
SUBSTITUTE 2
Reference
Sponsor
ALD. DONOVAN, BOHL AND ZIELINSKI
Title
A substitute ordinance relating to the immobilization, impoundment, and disposal of unregistered motor vehicles.
Sections
105-65.5 rp
101-24.7 cr
101-34-2-f am
101-34-7-f am
Analysis
Under Wisconsin law, municipalities are authorized to enact ordinances prohibiting the location of unregistered motor vehicles upon alleys, streets, highways, public ways or thoroughfares and providing for the immobilization, impoundment, and disposal of such vehicles. 2005 Wisconsin Act 185 (“The Act”) changes the definition of “unregistered motor vehicle” so that it applies to motor vehicles that do not display valid registration plates, temporary operation plate or other evidence of registration for the vehicles’ current registration period or a registration period that expired the preceding month, rather than motor vehicles that reasonably appear to have been unregistered for at least 30 days. The Act provides a definition of parking enforcer that includes persons who are employed by a municipality and enforce nonmoving traffic violations. The Act also eliminates provisions exempting certain persons from conviction or costs if it is shown that the vehicle is not subject to registration in Wisconsin and removes redundant provisions that persons are exempt from conviction upon presenting evidence that a complete registration application had already been submitted to the state department of transportation at the time of the offense. This ordinance repeals the current ordinance relating to unregistered vehicles at code of ordinances, chapter 105, public safety, and creates a new section in chapter 101, traffic code, in strict conformity to state statutes regarding unregistered vehicles as amended by the Act. Placing these provisions in chapter 101 will permit parking enforcers, who are not authorized to issue uniform citations, to issue parking citations for violations of the...
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