(a) Definitions. The following definitions are applicable in this Section:
(1) Habitual Parking Violator. A person who has received, more than sixty (60) days previously, five (5) or more citations for nonmoving traffic violations that remain unpaid and which the person has not scheduled an appearance in court in response to the citations.
(2) Immobilization Device. Has the meaning given in Sec. 341.65(1)(a), Wis. Stats.
(3) Nonmoving Traffic Violation. Has the meaning given in Sec. 345.28(l)(c).
(4) Owner. Has the meaning given in Sec. 341.65(1)(am), Wis. Stats.
(5) Parking Enforcer. A traffic officer or any other person who enforces nonmoving traffic violations and who is employed by the Village of Edgar.
(b) Existence of Violations; Notices; Enforcement. A vehicle owned by a habitual parking violator may be removed, immobilized, impounded and/or disposed of as provided by this Section, provided that all of the following criteria exist:
(1) Existence of Habitual Parking Violations. The Village of Edgar has cited the owner of the motor vehicle for five (5) or more nonmoving traffic violations that, at the time of the vehicle's removal or immobilization, occurred more than sixty (60) days previously and for which the owner has neither paid the forfeiture for each of these violations nor scheduled an appearance in court in response to each of these citations.
(2) Notice of Violations.
a. The Village has mailed to the last known address of the vehicle's owner a minimum of one (1) notice that specifies, for each citation counted under Subsection (b)(l) above:
1. The date on which the citation was issued, the license plate number or vehicle identification number of the vehicle involved;
2. The place where the citation may be paid;
3. The amount of forfeiture; and
4. The means by which the citation may be contested.
b. The notice shall also inform the owner that any motor vehicle owned by him/her may be immobilized with an immobilization device or removed and impounded if, within sixty (60) days after the owner has received five (5) or more citations and at the time the vehicle is immobilized or removed and impounded, the owner has neither paid the forfeiture for each violation that occurred more than sixty
(60) days previously nor scheduled an appearance in court in response to each citation issued more than sixty (60) days previously for which the forfeiture has not been paid.
c. The notice under this subparagraph may be combined with any other notice provided by the Village to the owner.
(3) Authorization to Impound or Immobilize. Any parking enforcer who discovers any motor vehicle to which Subsections (b)(l) and (2) applies that is legally or illegally parked on any portion of a street, highway, or publicly owned or leased parking facility within the Village to cause the motor vehicle to be immobilized with an immobilization device or removed to a suitable impoundment location or both. Upon immobilization or removal of the motor vehicle, the parking enforcer shall follow the notification procedure specified in Sec. 341.65(2)(b), Wis. Stats.
(4) Use of Removal Service. The Village may utilize the services of a third-party removal service for the performance of services related to immobilization or removal of motor vehicles. The services shall be rendered only at the request of a parking enforcer.
(5) Removal Fees; Towing and Storage Costs.
a. The Village may charge a reasonable removal fee that will be charged to remove an immobilization device placed on a vehicle pursuant to this Section.
b. The Village shall require the payment from the vehicle owner the payment of towing and/or storage charges associated with the removal and/or impoundment of a vehicle, and of reasonable charges associated with disposal of a vehicle, under this Section.
(6) Immobilization Notice. If a motor vehicle is immobilized, the parking enforcer or an authorized third-party contractor shall place in a highly visible location and in a reasonably secure manner on the vehicle, at the time of immobilization, a written notice that does all of the following:
a. Warns any driver of the vehicle that the immobilization device has been placed on the vehicle.
b. Specifies, for each citation counted under Subsection (b)(l) above, the license number or vehicle identification number of the vehicle involved, the place where the citation may be paid, and the means by which the citation may be contested, or provides a telephone number at which an individual is available to provide this information twenty-four (24) hours a day.
c. States the amount of the device removal fee under Subsection (b)(5)a above that is in addition to any amount required to be paid as specified in the notice under Subsection (b)(2)a above.
(7) Additional Parking Citations While lmmobll/zed. If the motor vehicle is immobilized in a time-limited legal parking space, the Village shall not issue, after the vehicle's immobilization, any citation for a time-limited nonmoving traffic violation for the vehicle within the first four (4) hours after the vehicle is immobilized.
(8) Removal of Immobilization Device Upon Notice. When a motor vehicle has been immobilized, the Village or its third-party contractor shall remove, or provide sufficient information to allow the vehicle owner to remove, the immobilization device without undue delay, not to exceed three (3) hours, after receiving notice that the person has satisfied the requirements for release of the motor vehicle under Subsection (c).
(c) Securing Vehicle Release.
(1) lmpoundment or Immobilization Time. Any motor vehicle immobilized or impounded as provided in this Section shall remain immobilized or impounded until lawfully claimed or disposed of as provided in Subsection (d) below.
(2) Securing Release - Immobilization. The owner of a motor vehicle that is immobilized under Subsection (b) may secure release of the motor vehicle by doing all of the following:
a. Paying any removal fee provided under Subsection (b)(S)a.
b. Paying all forfeitures specified in each notice under Subsection (b)(2) for, or scheduling an appearance in court in response to, or a combination of paying forfeitures and scheduling appearances with respect to, all citations counted under Subsection (b)(2).
c. When a person has satisfied the requirements for release of a motor vehicle under this Subsection, such person shall promptly give notice to the Village and/or third-party contractor of having done so.
(3) Securing Release - lmpoundment. The owner of a motor vehicle that is removed and impounded under Subsection (b) may secure release of the motor vehicle by doing all of the following:
a. Paying any removal and impoundment fees provided under Subsection (b)(S)b.
b. Paying all forfeitures specified in each notice under Subsection (b)(2) for, or scheduling an appearance in court in response to, or a combination of paying forfeitures and scheduling appearances with respect to, all citations counted under Subsection (b)(2).
c. When a person has satisfied the requirements for release of a motor vehicle under this Subsection, such person shall promptly give notice to the Village and/or third-party contractor of having done so.
(4) Failure to Make Court Appearance. If an owner secures release of a motor vehicle under Subsections (c)(2) or (3) by scheduling an appearance in court and thereafter fails to appear or fails to comply with any court order with respect to any citation counted under Subsection (b)(2) for which the forfeiture has not been fully paid,
including failure to satisfy in full any court-ordered payment plan or other agreement approved by the court, the court may order a law enforcement officer, or an authorized employee or contractor of the Village, to immobilize the motor vehicle involved in the nonmoving traffic violations or the Village may cause the motor vehicle to be immobilized or removed and impounded as provided under Subsection (b). If the court orders the motor vehicle immobilized, upon compliance with the court order, the court shall order a law enforcement officer, or an authorized employee or contractor of the Village, to remove the immobilization device.
(5) Unregistered or Abandoned Vehicles. Notwithstanding Subsection (c)(l), if any motor vehicle immobilized or impounded is an unregistered motor vehicle for purposes of Sec. 341.65, Wis. Stats., or an abandoned motor vehicle for purposes of Sec. 342.40, Wis. Stats., the Village may take any action authorized under Secs. 341.65 or 342.40, Wis. Stats., or Title 10, Chapter 5 of this Code of Ordinances. Any vehicle immobilized under this Section for longer than the period specified in Sec. 342.40(lm), Wis. Stats., shall be considered abandoned for purposes of Sec. 342.40, Wis. Stats.
(d) Motor Vehicle Owner Responsible for Charges. The owner of any motor vehicle immobilized or removed and impounded as provided under this Section is responsible for all charges associated with immobilizing, removing, impounding, and disposing of the motor vehicle, as provided herein. Charges not recovered from the sale of the motor vehicle may be recovered in a civil action by the Village against the owner.
(e) Applicable Statutory Procedures for lmpoundment and Disposal.
(1) The procedures and provisions of Sec. 341.65(2)([) to (h), Wis. Stats., shall apply with respect to the impoundment and disposal of motor vehicles authorized to be removed, impounded, and disposed of under this Section to the same extent as these provisions apply to the impoundment and disposal of unregistered motor vehicles that are removed under authority of Sec. 341.65, Wis. Stats., except that reclamation of the motor vehicle by the owner requires compliance with Subsection (3) of that Statute rather than Sec. 341.65(2)(e), Wis. Stats. The provisions of Sec. 349.13(5)(b), Wis. Stats., shall apply with respect to vehicles removed or stored under this Section to the same extent as these provisions apply with respect to vehicles removed and stored under authority of Sec. 349.13, Wis. Stats.
(2) Sec. 349.137, Wis. Stats., does not apply to the use of motor vehicle immobilization devices under this Section.
(f) Removal of Immobilization Device Prohibited. No person may remove, disconnect, tamper with, or otherwise circumvent the operation of an immobilization device installed under this Section except upon release of the motor vehicle to the owner or to make necessary repairs to a malfunctioning immobilization devices.
State Law Reference: Sec. 349.139, Wis. Stats.