LRB-4411/1
ZDW:amn
2017 - 2018 LEGISLATURE
January 29, 2018 - Introduced by Representatives Spiros, Kooyenga, R. Brooks,
Zepnick, Horlacher and Macco, cosponsored by Senators Stroebel,
Carpenter and Marklein. Referred to Committee on Local Government.
AB882,1,3 1An Act to create 349.139 of the statutes; relating to: the immobilization or
2removal, impoundment, and disposal of motor vehicles for multiple nonmoving
3traffic violations.
Analysis by the Legislative Reference Bureau
This bill authorizes a municipality or county to enact an ordinance providing
for the immobilization or towing, impoundment, and disposal of vehicles owned by
habitual parking violators.
Under current law, an authority that issues citations for nonmoving traffic
violations (commonly referred to as “parking tickets”) may enforce violations in
several ways. A person issued a parking ticket may pay the ticket by mail or appear
in court to contest the parking ticket. If the person does neither, the authority that
issued the ticket may issue a summons to the person and request that the
Department of Transportation suspend the person's vehicle registration. In lieu of
this procedure, the authority that issued the ticket may, subject to requirements,
issue a warrant for the person and for the person's arrest.
Under current law, any county or municipality may enact an ordinance
prohibiting unregistered motor vehicles on highways and providing for the
immobilization, removal, impoundment, and disposal of these vehicles. The bill
authorizes a municipality or county to enact an ordinance providing for the
immobilization (typically with a “car boot”) or towing, impoundment, and disposal
of vehicles owned by habitual parking violators and for which all of the following
apply:

1. The municipality or county has issued tickets to the owner of the motor
vehicle for five or more parking violations that occurred more than 60 days
previously and for which the owner has neither paid each ticket nor scheduled an
appearance in court in response to each unpaid ticket.
2. The municipality or county has mailed to the last-known address of the
owner at least one notice that provides certain information, including the manner in
which each parking ticket may be paid or contested. The notice must also inform the
owner that the owner's vehicles may be immobilized or towed and impounded.
Under the bill, a properly enacted ordinance authorizes any parking enforcer
to have a vehicle immobilized on, or towed and impounded from, any highway or
public parking facility. The parking enforcer must follow certain procedures for
notification of law enforcement and for providing information about the
immobilization to the vehicle owner.
Under the bill, the owner of a motor vehicle that is immobilized or towed and
impounded may secure release of the motor vehicle by paying any fee associated with
the immobilization or towing and impounding of the vehicle and paying all
forfeitures for the unpaid parking tickets or scheduling an appearance in court. If
the requirements for release of the vehicle are not timely satisfied, the bill authorizes
disposal of the vehicle. Any motor vehicle immobilized or impounded must remain
immobilized or impounded until lawfully claimed or disposed of. The owner of the
vehicle is responsible for all charges associated with immobilizing, removing,
impounding, and disposing of the motor vehicle.
For further information see the state and 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:
AB882,1 1Section 1. 349.139 of the statutes is created to read:
AB882,2,3 2349.139 Authority to immobilize, remove, impound, and dispose of
3motor vehicles for nonmoving traffic violations.
(1) In this section:
AB882,2,74 (a) “Habitual parking violator" means a person who has received, more than
560 days previously, 5 or more citations for nonmoving traffic violations that remain
6unpaid and for which the person has not scheduled an appearance in court in
7response to the citations.
AB882,2,88 (b) “Immobilization device" has the meaning given in s. 341.65 (1) (a).
AB882,2,99 (c) “Nonmoving traffic violation" has the meaning given in s. 345.28 (1) (c).
AB882,3,1
1(d) “Owner" has the meaning given in s. 341.65 (1) (am).
AB882,3,32 (e) “Parking enforcer" means a traffic officer or any other person who enforces
3nonmoving traffic violations and who is employed by a municipality or county.
AB882,3,7 4(2) The governing body of any municipality or county may by ordinance provide
5for the immobilization or removal, impoundment, and disposal of vehicles owned by
6habitual parking violators as provided in this section. Any ordinance under this
7section shall do all of the following:
AB882,3,98 (a) Limit application of the ordinance to those motor vehicles for which all of
9the following apply:
AB882,3,1410 1. The municipality or county has cited the owner of the motor vehicle for 5 or
11more nonmoving traffic violations that, at the time of the vehicle's immobilization or
12removal, occurred more than 60 days previously and for which the owner has neither
13paid the forfeiture for each of these violations nor scheduled an appearance in court
14in response to each of these citations.
AB882,3,1915 2. a. The municipality or county has mailed to the last-known address of the
16owner at least one notice that specifies, for each citation counted under subd. 1., the
17date on which the citation was issued, the license number or vehicle identification
18number of the vehicle involved, the place where the citation may be paid, the amount
19of the forfeiture, and the means by which the citation may be contested.
AB882,4,220 b. The notice under subd. 2. a. shall also inform the owner that any motor
21vehicle owned by him or her may be immobilized with an immobilization device or
22removed and impounded if, within 60 days after the owner has received 5 or more
23citations and at the time the vehicle is immobilized or removed and impounded, the
24owner has neither paid the forfeiture for each violation that occurred more than 60

1days previously nor scheduled an appearance in court in response to each citation
2issued more than 60 days previously for which the forfeiture has not been paid.
AB882,4,43 c. The notice under this subdivision may be combined with any other notice
4provided by the municipality or county to the owner.
AB882,4,115 (b) Authorize any parking enforcer who discovers any motor vehicle to which
6par. (a) applies that is legally or illegally parked on any portion of the street, highway,
7or publicly owned or leased parking facility within the corporate limits of the
8municipality or county to cause the motor vehicle to be immobilized with an
9immobilization device or removed to a suitable place of impoundment or both. Upon
10immobilization or removal of the motor vehicle, the parking enforcer shall follow the
11notification procedure specified in s. 341.65 (2) (b).
AB882,4,1412 (c) Specify whether the municipality or county may contract with a 3rd party
13for the performance of services related to immobilization or removal of motor
14vehicles. The services shall be rendered only at the request of a parking enforcer.
AB882,4,1615 (d) Provide for a reasonable removal fee, if any, that will be charged to remove
16an immobilization device placed on a vehicle under this section.
AB882,4,1917 (e) Provide for the recovery of reasonable towing or storage charges associated
18with the removal or impoundment of a vehicle, and of reasonable charges associated
19with disposal of a vehicle, under this section.
AB882,4,2320 (f) Require that, if the motor vehicle is immobilized, the parking enforcer or a
213rd-party contractor place in a highly visible location and a reasonably secure
22manner on the vehicle, at the time of immobilization, a written notice that does all
23of the following:
AB882,4,2524 1. Warns any driver of the vehicle that the immobilization device has been
25placed on the vehicle.
AB882,5,5
12. Specifies, for each citation counted under par. (a) 1., the license number or
2vehicle identification number of the vehicle involved, the place where the citation
3may be paid, and the means by which the citation may be contested, or provides a
4telephone number at which an individual is available to provide this information 24
5hours a day.
AB882,5,76 3. States the amount of the removal fee under par. (d), if any, that is in addition
7to any amount required to be paid as specified in the notice under par. (a) 2. a.
AB882,5,118 (g) If the motor vehicle is immobilized in a time-limited, legal parking space,
9prohibit the municipality or county from issuing, after the vehicle's immobilization,
10any citation for a time-limited nonmoving traffic violation for the vehicle within the
11first 4 hours after the vehicle is immobilized.
AB882,5,1912 (h) If the motor vehicle is immobilized, require the municipality or county, or
13a 3rd-party contractor, to remove, or provide sufficient information to allow the
14vehicle owner to remove, the immobilization device without undue delay, not to
15exceed 3 hours, after receiving notice that the person has satisfied the requirements
16for release of the motor vehicle under sub. (3) (b). The ordinance shall also provide
17a procedure for the municipality, county, or 3rd-party contractor to promptly receive
18notice when a person has satisfied the requirements for release of a motor vehicle
19under sub. (3) (b).
AB882,5,22 20(3) (a) Any motor vehicle immobilized or impounded as provided in sub. (2)
21shall remain immobilized or impounded until lawfully claimed or disposed of as
22provided in this subsection and sub. (5).
AB882,5,2423 (b) The owner of a motor vehicle that is immobilized under sub. (2) may secure
24release of the motor vehicle by doing all of the following:
AB882,5,2525 1. Paying any removal fee provided in sub. (2) (d).
AB882,6,4
12. Paying all forfeitures specified in each notice under sub. (2) (a) 2. a. for, or
2scheduling an appearance in court in response to, or a combination of paying
3forfeitures and scheduling appearances with respect to, all citations counted under
4sub. (2) (a) 1.
AB882,6,65 (c) The owner of a motor vehicle that is removed and impounded under sub. (2)
6may secure release of the motor vehicle by doing all of the following:
AB882,6,77 1. Paying any charges provided in sub. (2) (e).
AB882,6,118 2. Paying all forfeitures specified in each notice under sub. (2) (a) 2. a. for, or
9scheduling an appearance in court in response to, or a combination of paying
10forfeitures and scheduling appearances with respect to, all citations counted under
11sub. (2) (a) 1.
AB882,6,2312 (d) If an owner secures release of a motor vehicle under par. (b) or (c) by
13scheduling an appearance in court and thereafter fails to appear or fails to comply
14with any court order with respect to any citation counted under sub. (2) (a) 1. for
15which the forfeiture has not been fully paid, including failure to satisfy in full any
16court-ordered payment plan or other agreement approved by the court, the court
17may order a law enforcement officer, or an authorized employee or contractor of the
18municipality or county, to immobilize the motor vehicle involved in the nonmoving
19traffic violations or the municipality or county may cause the motor vehicle to be
20immobilized or removed and impounded as provided under sub. (2). If the court
21orders the motor vehicle immobilized, upon compliance with the court order, the
22court shall order a law enforcement officer, or an authorized employee or contractor
23of the municipality or county, to remove the immobilization device.
AB882,7,424 (e) Notwithstanding par. (a), if any motor vehicle immobilized or impounded
25is an unregistered motor vehicle for purposes of s. 341.65 or an abandoned motor

1vehicle for purposes of s. 342.40, the municipality or county may take any action
2authorized under s. 341.65 or 342.40. Any vehicle immobilized under this section for
3longer than the period specified in s. 342.40 (1m) shall be considered abandoned for
4purposes of s. 342.40.
AB882,7,9 5(4) The owner of any motor vehicle immobilized or removed and impounded as
6provided under this section is responsible for all charges associated with
7immobilizing, removing, impounding, and disposing of the motor vehicle, as provided
8under sub. (2) (d) and (e). Charges not recovered from the sale of the motor vehicle
9may be recovered in a civil action by the municipality or county against the owner.
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