City of Madison, Wisconsin | Legislative Information Center
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File #: 34309    Version: 1 Name: Unlawful Towing from Private Property
Type: Ordinance Status: Passed
File created: 5/28/2014 In control: TRANSIT AND PARKING COMMISSION
On agenda: 7/1/2014 Final action: 7/1/2014
Enactment date: 7/11/2014 Enactment #: ORD-14-00125
Title: Amending Sections 23.561 and 1.08(3)(a) of the Madison General Ordinances to reflect changes to Wis. Stat. § 349.13(3m) related to trespass parking and to establish bail deposits for violating this section.
Sponsors: Paul R. Soglin, John Strasser
Attachments: 1. BODY
Fiscal Note
There may be a small increase in General Fund revenues derived from forfeitures.
Title
Amending Sections 23.561 and 1.08(3)(a) of the Madison General Ordinances to reflect changes to Wis. Stat. § 349.13(3m) related to trespass parking and to establish bail deposits for violating this section.
Body
DRAFTER'S ANALYSIS:  On July 1, 2014, a new version of Wis. Stat. § 349.13(3m) will be effective as it relates to trespass parking on private property.  While the amended statute gives more rights to property owners to remove vehicles engaged in trespass parking, the State makes it illegal to remove vehicles without first notifying a local law enforcement agency of the make, model, vehicle identification number, and registration plate number of the vehicle and the location to which the vehicle will be removed.  It also outlaws the towing of vehicles that have been reported as stolen.
Currently, Sec. 23.561 contains a penalty for acts by a towing company that violate the prior version of Wis. Stat. § 349.13(3m).  This amendment eliminates the penalty for acts that are no longer illegal and creates a penalty for acts specifically made illegal by the State under the new version of the statute.
Additionally, Sec. 1.08 is amended to reflect appropriate bail deposits for violations of this section.
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The Common Council of the City of Madison do hereby ordain as follows:
      Please see "BODY" in attachments.