349.13(5)(a)(a) No person who removes or stores a vehicle under
subs. (3) to
(4) or otherwise at the request of a law enforcement officer, and no person who removes or stores a disabled vehicle, accident debris or other object that obstructs the roadway of a freeway or expressway, as defined in
s. 346.57 (1) (ag), may incur any civil liability for the act, except for civil liability for failure to exercise reasonable care in the performance of the act or for conduct that is willful, wanton or malicious.
349.13(5)(b)1.a.
a. "Personal property" means all property within the vehicle which is not mounted, attached or affixed to the vehicle.
349.13(5)(b)1.b.
b. "Proper identification" means identification which would be sufficient to establish ownership to release the vehicle.
349.13(5)(b)2.
2. A person who has custody of a vehicle removed or stored under
subs. (3) to
(4) or otherwise at the request of a law enforcement officer shall release the personal property within the vehicle to the owner of the vehicle during regular office hours upon presentation by the owner of proper identification.
349.13(5)(b)3.
3. No charge may be assessed against the owner for the removal or release of the personal property.
349.13(5)(b)4.
4. If the owner removes the personal property from a motor vehicle under this paragraph, the vehicle shall be deemed abandoned unless the person enters into a written agreement to pay the full charges for towing and storage. The owner shall be informed of this subdivision by the person who has custody of the vehicle before the property is released. A vehicle deemed abandoned under this subdivision may be disposed of as are other abandoned vehicles by the local authority.
349.13(5)(c)
(c) A traffic or police officer who requests removal of a vehicle under
subs. (3) to
(4) by a towing service shall, within 24 hours of requesting the removal, notify the towing service of the name and last-known address of the registered owner and all lienholders of record of the vehicle if the vehicle is to be removed to any location other than a public highway within one mile from the location from which the vehicle is to be removed and if the officer is not employed by a municipality or county that has entered into a towing services agreement which requires the municipality or county to provide notice to such owner and lienholders of the towing.
349.13 History
History: 1973 c. 248;
1975 c. 299;
1977 c. 29 ss.
1654 (3), (8) (a),
1656 (43);
1977 c. 116,
272,
418;
1979 c. 34,
59,
231,
276,
325;
1981 c. 227;
1981 c. 255 ss.
10,
11,
13;
1983 a. 77 s.
15;
1983 a. 213;
1985 a. 29;
1985 a. 87 s.
5;
1989 a. 304;
1991 a. 269,
316;
1993 a. 246;
1995 a. 448;
1997 a. 27,
159,
258;
1999 a. 85;
2003 a. 142.
349.13 Annotation
Legislative Council Note, 1977: The last 2 sentences of sub. (1) are eliminated as unnecessary. These sentences contain explanations of what is meant by a sign which indicates that stopping or standing is prohibited and what is meant by a sign prohibiting parking. Although these explanations attempt to explain the conduct required of motorists by these signs, they do not define the key terms, "park or parking" and "stand or standing". In place of these explanations, definitions of the terms "park or parking" and "stand or standing" are created in 340.01 (42m) and (59m) in this bill. "Stop" is presently defined in s. 340.01 (62). [Bill 465-A]
349.13 Annotation
It is not a violation of due process to tow an illegally parked car without first giving the owner notice and the opportunity to be heard regarding the lawfulness of towing the car. Sutton v. City of Milwaukee,
672 F.2d 644 (1982).
349.135
349.135
Authority to regulate radios or other electric sound amplification devices. 349.135(1)
(1) Notwithstanding
s. 346.94 (16), the governing body of any town, city, village or county may, by ordinance, provide that, except as provided in
s. 347.38 (1), no person may operate or park, stop or leave standing a motor vehicle while using a radio or other electric sound amplification device emitting sound from the vehicle that is clearly audible under normal conditions from a distance of 50 or more feet, unless the electric sound amplification device is being used to request assistance or warn against an unsafe condition. The ordinance may provide that any person violating the ordinance may be required to forfeit not less than $40 nor more than $80 for the first violation and not less than $100 nor more than $200 for the 2nd or subsequent violation within a year.
349.135(2)
(2) Any ordinance enacted under
sub. (1) may not apply to any of the following:
349.135(2)(a)
(a) The operator of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm.
349.135(2)(c)
(c) The operator of a vehicle that is being used for advertising purposes.
349.135(2)(d)
(d) The operator of a vehicle that is being used in a community event or celebration, procession or assemblage.
349.135(2)(f)
(f) The operator of a motorcycle being operated outside of a business or residence district.
349.135 History
History: 1995 a. 373;
1997 a. 35.
349.137
349.137
Authority to regulate use of motor vehicle immobilization devices. 349.137(1)(b)
(b) "Parking area" means an area used for parking that is not on a highway.
349.137(1)(c)
(c) "Parking enforcer" means a person who enforces restrictions against unauthorized parking. The term includes a person who owns or operates a parking area and any employees or agents of an owner or operator.
349.137(1)(d)
(d) "Removal fee" means a fee charged by a parking enforcer to remove an immobilization device, including any amounts imposed for parking in violation of a restriction against unauthorized parking.
349.137(1)(e)
(e) "Unauthorized parking" means parking a motor vehicle in a parking area contrary to a sign posted under
s. 346.55 (4).
349.137(2)
(2) No person may use an immobilization device to immobilize a motor vehicle to enforce restrictions against unauthorized parking except in conformity with a municipal ordinance enacted under this section or a rule adopted under
s. 36.11 (8).
349.137(3)
(3) The governing body of any municipality may by ordinance or the chancellor of a campus of the University of Wisconsin System may by rule under
s. 36.11 (8) provide for the use of immobilization devices to enforce restrictions against unauthorized parking. Any ordinance under this subsection or rule under
s. 36.11 (8) shall do all of the following:
349.137(3)(a)
(a) Require the owner or operator of a parking area in which immobilization devices may be used to post and maintain in a manner that is clearly visible to operators entering the parking area a sign at each vehicular entrance to the parking area. At least one additional sign shall be posted for every 10 parking spaces in the parking area. The ordinance or rule shall require all such signs to be at least 12 inches by 18 inches in size and to clearly indicate all of the following:
349.137(3)(a)1.
1. That unauthorized parking is prohibited in the parking area.
349.137(3)(a)2.
2. That an immobilization device may be used in the parking area to enforce restrictions against unauthorized parking.
349.137(3)(a)3.
3. Whether a removal fee will be charged to remove an immobilization device and, if so, the amount of the fee.
349.137(3)(ag)
(ag) Prohibit a parking enforcer from using an immobilization device to immobilize a motor vehicle to enforce parking restrictions against unauthorized parking unless the parking enforcer possesses a valid license authorizing that activity issued by the municipality.
349.137(3)(am)
(am) Establish a process by which the owner, lessee or operator of a motor vehicle may contest the propriety of the use of an immobilization device or the amount of a removal fee.
349.137(3)(b)
(b) Require the parking enforcer, before using an immobilization device, to do all of the following:
349.137(3)(b)2.
2. Maintain in effect a policy of bodily injury and property damage liability insurance for injury or damage arising from the use of an immobilization device in an amount of at least $1,000,000 per use of an immobilization device.
349.137(3)(b)3.
3. Notwithstanding
s. 346.94 (4), at the time of immobilization of a motor vehicle, place a written notice in a reasonably secure manner on the motor vehicle that clearly states all of the following:
349.137(3)(b)3.a.
a. The name of the parking enforcer and a telephone number that a person may call to request the removal of the immobilization device.
349.137(3)(b)4.
4. Have a person available 24 hours a day either at the parking area or at the telephone number shown on the notice described in
subd. 3. to take requests for removal and to remove the immobilization device.
349.137(3)(c)
(c) Require the parking enforcer, before removing an immobilization device, to do all of the following:
349.137(3)(c)1.
1. Display prominently an identification card that identifies that person as a parking enforcer and that contains a photograph of that person.
349.137(3)(c)2.
2. Inform the owner, lessee or operator of the motor vehicle, orally and in writing, before removing an immobilization device, of all of the following:
349.137(3)(c)2.a.
a. If a removal fee is charged, that the owner, lessee or operator is required either to pay the removal fee or to sign a deferral agreement described in
par. (d) 2.
349.137(3)(c)2.b.
b. That a parking enforcer may commence legal action to collect any removal fee that has not been paid within 14 days after the removal of an immobilization device.
349.137(3)(c)2.c.
c. That the owner, lessee or operator of an immobilized motor vehicle may contest the propriety of the use of an immobilization device on his or her motor vehicle or the validity of a removal fee using the process described in
par. (am), and may contest any legal action commenced to collect a removal fee.
349.137(3)(c)2.d.
d. That, except for the payment of the removal fee or the signing of a deferral agreement, no person may be required to do anything to have an immobilization device removed.
349.137(3)(c)2.e.
e. That, if a parking enforcer uses an immobilization device on a motor vehicle that is not parked in violation of a restriction against unauthorized parking, the owner, lessee or operator shall not be required to pay a removal fee and the parking enforcer shall be liable to the owner, lessee or operator of the motor vehicle for an amount equal to the removal fee.
349.137(3)(d)
(d) Require the owner, lessee or operator of a motor vehicle to do any of the following before an immobilization device may be removed:
349.137(3)(d)2.
2. Sign a deferral agreement under which the person signing the agreement agrees to pay the removal fee to the parking enforcer or contest the removal fee, or the propriety of the use of an immobilization device on his or her motor vehicle, using the process described in
par. (am) within 14 days after the immobilization device is removed.
349.137(3)(e)
(e) Require the parking enforcer to remove the immobilization device without undue delay after receiving a request to remove the device, not to exceed 60 minutes whenever a request for removal is made by telephone.
349.137(3)(f)
(f) Require that, whenever a deferral agreement is signed, the parking enforcer provide the owner, lessee or operator of the motor vehicle a copy of the signed deferral agreement.
349.137(3)(g)
(g) Require a person who signs a deferral agreement and does not do any of the activities described in
par. (d) 2. within 14 days after the removal of the immobilization device to pay an amount not to exceed 3 times the removal fee plus the reasonable costs incurred to collect the removal fee to the parking enforcer within 30 days after the removal of the immobilization device.
349.137(3)(h)
(h) Require a parking enforcer who uses an immobilization device on a motor vehicle that is not parked in violation of a restriction against unauthorized parking to pay an amount equal to the removal fee to the owner, lessee or operator of the motor vehicle within 14 days after the determination that the immobilization device was used improperly.
349.137(3)(i)
(i) Prohibit a parking enforcer from requiring a person to transfer any goods, perform any services, or waive any available legal rights or remedies, as a condition for removing an immobilization device, except as specified in
par. (d).
349.137(3)(j)
(j) Specify the maximum removal fee that may be charged.
349.137(4)(a)(a) A municipality may enact or enforce any regulation of the use of immobilization devices to enforce parking restrictions that is not contrary to or inconsistent with this section.
349.137(4)(b)
(b) A chancellor of a campus of the University of Wisconsin System may adopt or enforce any rule under
s. 36.11 (8) regulating the use of immobilization devices to enforce parking restrictions that is not contrary to or inconsistent with this section.
349.137 History
History: 1995 a. 434;
1997 a. 27;
1997 a. 35 s.
437.
349.14
349.14
Authority to use parking meters. 349.14(1)
(1) It is the public policy of this state that the use of parking meters by cities, villages, towns and counties to measure the time for parking vehicles is a local matter to be determined by the local authorities.
349.14(2)
(2) Cities, villages, towns and counties may by ordinance or resolution provide for the installation and operation of parking meters and may provide for the use of the revenue collected from such meters for general street and highway maintenance, repair and construction, for meeting the cost of traffic and parking regulation, for the purchase and operation of publicly owned off-street parking facilities, and for such other expenses and purposes as the local authority deems reasonably necessary to provide for the convenience, safety and welfare of persons using the streets and highways for vehicular traffic.
349.14 History
History: 1993 a. 246.
349.145
349.145
Authority to establish disabled parking enforcement assistance councils. Any city, village or county may by ordinance or resolution establish a disabled parking enforcement assistance council. The majority of such a council shall be appointed by the local authorities from among those residents of the city, village or county to whom or on whose behalf the department has issued a special registration plate under
s. 341.14 (1) to
(1r) or a special identification card under
s. 343.51. Members of such a council may report violations of
s. 341.625 (1),
343.52,
346.503 or
346.505 (2) or ordinances in conformity therewith to a traffic officer of the city, village or county as provided in
s. 341.625 (2),
343.52 (3),
346.503 (5) or
346.505 (3). If a 1st or 2nd class city has enacted an ordinance under
s. 346.50 (3m), the council shall perform any duties required by
s. 346.50 (3m).
349.15
349.15
Authority to modify weight limitations and classify highways. 349.15(1)(1) The limitations on size and weight imposed by
ch. 348 are lawful throughout the state and local authorities may not alter such limitations except as otherwise provided in this chapter.
349.15(2)
(2) The county highway committee with respect to the county trunk highway system and the local authorities with respect to highways maintained by them may designate all or parts of such highways to be class "B" highways for the purpose of putting into effect the weight limitations set forth in
s. 348.16, except that no portion of any such highway which is a state trunk highway or connecting highway may be so designated.
349.15(3)
(3) Any city of the first class may, with respect to the streets of such city, by ordinance increase the maximum weight limitations specified in
ss. 348.15 and
348.16.
349.15 History
History: 1977 c. 29 s.
1654 (3).
349.15 Annotation
The police power under this section need not be based on the condition of the roadbed, but may be exercised to promote the general welfare of the public. 66 Atty. Gen. 110.
349.16
349.16
Authority to impose special or seasonal weight limitations. 349.16(1)(1) The officer in charge of maintenance in case of highways maintained by a town, city or village, the county highway commissioner or county highway committee in the case of highways maintained by the county and the department in the case of highways maintained by the state may:
349.16(1)(a)
(a) Impose special weight limitations on any such highway or portion thereof which, because of weakness of the roadbed due to deterioration or climatic conditions or other special or temporary condition, would likely be seriously damaged or destroyed in the absence of such special limitations;
349.16(1)(b)
(b) Impose special weight limitations on bridges or culverts when in its judgment such bridge or culvert cannot safely sustain the maximum weights permitted by statute;
349.16(1)(c)
(c) Order the owner or operator of any vehicle being operated on a highway to suspend operation if in its judgment such vehicle is causing or likely to cause injury to such highway or is visibly injuring the permanence thereof or the public investment therein, except when
s. 84.20 is applicable or when the vehicle is being operated pursuant to a contract which provides that the governmental unit will be reimbursed for any damage done to the highway. Traffic officers also may order suspension of operation under the circumstances and subject to the limitations stated in this paragraph.
349.16(2)
(2) Imposition of the special weight limitations authorized by
sub. (1) (a) shall be done by erecting signs on or along the highway on which it is desired to impose the limitation sufficient to give reasonable notice that a special weight limitation is in effect and the nature of that limitation. Imposition of the special weight limitations authorized by
sub. (1) (b) shall be done by erecting signs before each end of the bridge or culvert to which the weight limitation applies sufficient to give reasonable notice that a special weight limitation is in effect and the nature of that limitation. All weight limitation signs and their erection shall comply with the rules of the department and shall be standard throughout the state.
349.16(3)
(3) The authority in charge of the maintenance of the highway may exempt vehicles carrying certain commodities specified by the authority or which are used to perform certain services specified by the authority from the special weight limitations which are imposed under
sub. (1) (a), or may set different weight limitations than those imposed under
sub. (1) (a) for vehicles carrying those commodities or which are used to perform those services, if such exemption or limitation is reasonable and necessary to promote the public health, safety and welfare. The authority in charge of the maintenance of the highway shall exempt from the special or seasonal weight limitations imposed under
sub. (1) (a) a vehicle that is used to transport material pumped from a septic or holding tank if, because of health concerns, material needs to be removed from a septic or holding tank within 24 hours after the vehicle owner or operator is notified and if the vehicle is operated for the purpose of emptying the septic or holding tank and disposing of its contents and is operated on a route that minimizes travel on highways subject to weight limitations imposed under
sub. (1) (a). Within 72 hours after operating a vehicle that transported material pumped from a septic or holding tank and that exceeded special or seasonal weight limitations as authorized by this subsection, the owner or operator of the vehicle shall notify the authority in charge of maintenance of the highways over which the vehicle was operated.
349.17
349.17
Authority of cities, villages and towns to regulate heavy traffic. 349.17(1)(1) Any city, village or town may by ordinance or resolution designate any street or highway under its jurisdiction as a heavy traffic route and designate the type and character of vehicles which may be operated thereon. A city, village or town may restrict or prohibit heavy traffic from using other streets or highways under its jurisdiction except that it may not place such restrictions on streets or highways over which are routed state trunk highways and may not prohibit heavy traffic from using a street or highway for the purpose of obtaining orders for supplies or moving or delivering supplies or commodities to or from any place of business or residence which has an entrance on such street or highway. Whenever a city, village or town designates any street or highway under its jurisdiction as a heavy traffic route, it shall cause appropriate signs to be erected giving notice thereof.
349.17(2)
(2) In this section, "heavy traffic" means all vehicles not operating completely on pneumatic tires and all vehicles or combination of vehicles, other than motor buses, designed or used for transporting property of any nature and having a gross weight of more than 6,000 pounds.
349.17 History
History: 1977 c. 116;
1993 a. 246.
