Madison, WI Header
File #: 26300    Version: 1 Name: Unlawful towing
Type: Ordinance Status: Passed
File created: 5/7/2012 In control: TRANSIT AND PARKING COMMISSION (ended 06/2018)
On agenda: 7/3/2012 Final action: 7/3/2012
Enactment date: 7/11/2012 Enactment #: ORD-12-00093
Title: Creating Section 23.561 of the Madison General Ordinances to prohibit towing a vehicle from private property without owner consent, a repossession judgment, or a citation issued to the vehicle for illegal parking.
Sponsors: Michael E. Verveer
Attachments: 1. Registration Forms Common Council Meeting 7-3-12.pdf
Fiscal Note
It is unknown precisely how many additional tickets may be issued, and how much additional revenue may be derived from forfeitures, but, based on data from the past several years, MPD estimates that perhaps 2,000 to 4,000 additional tickets may be issued annually, generating an estimated $60,000 to $120,000 annually in additional General Fund revenues (plus a small amount derived from forfeitures for tickets issued to property owner-violators).
Title
Creating Section 23.561 of the Madison General Ordinances to prohibit towing a vehicle from private property without owner consent, a repossession judgment, or a citation issued to the vehicle for illegal parking.
Body
DRAFTER'S ANALYSIS:  Wis. Stat. § 349.13(3m)(2009-10) declares: "No vehicle involved in trespass parking on a private parking lot or facility shall be removed without the permission of the vehicle owner, except upon the issuance of a repossession judgment or upon formal complaint and a citation for illegal parking issued by a traffic or police officer." This ordinance establishes a penalty for towing done in violation of that statute.
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The Common Council of the City of Madison do hereby ordain as follows:
      1.      Section 23.561 entitled "Unlawful Towing from Private Property" of the Madison General Ordinances is created to read as follows:
"23.561UNLAWFUL TOWING FROM PRIVATE PROPERTY.
(1)      It shall be unlawful for any person, firm, or corporation to remove a vehicle involved in trespass parking on a private parking lot or facility without the permission of the vehicle owner except upon the issuance of a repossession judgment or upon formal complaint and a citation for illegal parking issued by a parking, traffic or police officer, as required in Wis. Stat. § 349.13(3m) (2009-10).
(2)      Any person, firm, or corporation violating the provisions of Subsection (1) shall be subject to a forfeiture of not less than one hundred dollars ($100) and not more than one thousand dollars ($1000)."
2.      Subdivision (a) of Subsection (3) entitled "Schedule of Deposits" of Section 1.08 entitled "Issuance of Citations for Violations of Certain Ordinances and Providing a Schedule of Cash Deposits" of the Madison General Ordinances is amended by creating therein the following:
"Offense                        Ord. No./Adopted Statute No.**                 Deposit
Unlawful towing from private property.                   23.561(1)                  $400"
EDITOR'S NOTE:  New bail deposits must be approved by the Municipal Judge prior to adoption.  This deposit has been so approved.