LRB-3138/1
ARG:bjk:jf
2007 - 2008 LEGISLATURE
November 2, 2007 - Introduced by Senators Darling and Plale, cosponsored by
Representatives Honadel, Zepnick and Townsend. Referred to Committee on
Ethics Reform and Government Operations.
SB296,1,3
1An Act to create 349.175 of the statutes;
relating to: local ordinances
2authorizing the removal, impoundment, and disposal of vehicles involved in
3traffic violations.
Analysis by the Legislative Reference Bureau
Current law provides that the state's traffic laws are to be uniform in operation
throughout the state and no local authority may enact or enforce any traffic
regulation unless the regulation is not contrary to or inconsistent with state law or
is expressly authorized by state law. A local authority may enact and enforce any
civil traffic regulation that is in strict conformity with state law or expressly
authorized by state law (authorized traffic ordinance).
This bill allows a municipality, as part of any authorized traffic ordinance, to
provide for the removal (towing) and impoundment, at the time a citation is issued,
of any motor vehicle being operated in connection with the ordinance violation for
which the citation is issued and for the disposal of impounded vehicles operated in
violation of the ordinance. If an authorized traffic ordinance provides for the towing,
impoundment, and disposal of vehicles, the ordinance must: 1) specify whether the
municipality may contract with a third party for towing services; and 2) provide for
the recovery of reasonable charges for the towing, storage, and disposal of vehicles.
Under the bill, if an authorized traffic ordinance provides for the towing,
impoundment, and disposal of vehicles, a traffic officer may, at the time of issuing a
citation for an ordinance violation, cause the vehicle involved to be towed to a
suitable place of impoundment. The owner of the towed and impounded vehicle may
secure release of the vehicle by paying any forfeiture for the authorized traffic
ordinance violation and the reasonable costs of towing and impounding the vehicle.
If the owner fails to timely pay any forfeiture and the towing and impoundment
charges, the municipality may dispose of the vehicle. The vehicle owner is
responsible for all charges associated with towing, impounding, and disposing of the
vehicle, and charges not recovered from the sale of the vehicle may be recovered in
a civil action by the municipality against the owner. The bill provides procedures
guiding the impoundment and disposal of vehicles, which are the same as those
procedures applicable to towed and impounded unregistered vehicles under current
law.
For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB296, s. 1
1Section
1. 349.175 of the statutes is created to read:
SB296,2,4
2349.175 Authority to remove, impound, and dispose of vehicles
3involved in traffic violations. (1) In this section, "owner" has the meaning given
4in s. 341.65 (1) (am).
SB296,2,9
5(2) (a) Any ordinance enacted by the governing body of a municipality under
6s. 349.06 or as otherwise authorized under this chapter may also provide for the
7removal and impoundment, at the time a citation is issued, of any motor vehicle being
8operated in connection with the ordinance violation for which the citation is issued
9and for the disposal of impounded vehicles operated in violation of the ordinance.
SB296,2,1110
(b) If an ordinance provides for the removal, impoundment, and disposal of
11vehicles as described in par. (a), the ordinance shall do all of the following:
SB296,2,1412
1. Specify whether the municipality may contract with a 3rd party for the
13performance of services related to removal of vehicles, which services shall be
14rendered only at the request of a traffic officer.
SB296,3,3
12. Provide for the recovery of reasonable towing and storage charges associated
2with the removal and impoundment of vehicles, and of reasonable charges associated
3with disposal of vehicles, under this section.
SB296,3,10
4(3) (a) If an ordinance provides for the removal, impoundment, and disposal of
5vehicles as described in sub. (2) (a), a traffic officer may, at the time of issuing a
6citation for violation of the ordinance, cause the motor vehicle involved in the
7violation for which the citation is issued to be removed to a suitable place of
8impoundment. Upon removal of the vehicle, if the operator of the vehicle is not the
9owner of the vehicle, the traffic officer shall follow the notification procedure
10specified in s. 341.65 (2) (b).
SB296,3,1211
(b) Any motor vehicle impounded as provided in par. (a) shall remain
12impounded until lawfully claimed or disposed of as provided in this section.
SB296,3,1713
(c) Notwithstanding sub. (5) and s. 341.65 (2) (g), the owner of a motor vehicle
14that is removed and impounded under par. (a) may secure release of the vehicle by
15paying any forfeiture imposed for violation of the ordinance and the reasonable costs
16of removing and impounding the vehicle, as established by ordinance under sub. (2)
17(b) 2.
SB296,3,22
18(4) The owner of any motor vehicle removed and impounded as provided under
19this section is responsible for all charges associated with removing, impounding, and
20disposing of the vehicle, as provided under sub. (2) (b) 2. Charges not recovered from
21the sale of the vehicle may be recovered in a civil action by the municipality against
22the owner.
SB296,4,6
23(5) The procedures and provisions of s. 341.65 (2) (f) to (h) shall apply with
24respect to the impoundment and disposal of motor vehicles authorized to be removed,
25impounded, and disposed of under this section to the same extent as these provisions
1apply to the impoundment and disposal of unregistered motor vehicles that are
2removed under authority of s. 341.65, except that reclamation of the vehicle by the
3owner requires compliance with sub. (3) (c) rather than s. 341.65 (2) (e). The
4provisions of s. 349.13 (5) (b) shall apply with respect to vehicles removed or stored
5under this section to the same extent as these provisions apply with respect to
6vehicles removed or stored under authority of s. 349.13.
