Committee recommends local ordinance to allow impoundment of vehicles used in reckless driving; council action to await governor—s signature

A substitute ordinance that would authorize impounding vehicles used in reckless driving cleared the Public Safety and Health Committee on Oct. 23, with members urging the Common Council to hold final action until the governor signs the state enabling legislation.

Alderman Russell Westmoreland introduced file 251072, saying the state—s recent passage of Assembly Bill 78/Senate Bill 65 creates authority for municipalities to permit towing and impoundment of vehicles used in reckless driving. "This will allow vehicles to be impounded at the officer's discretion for a first offense," Westmoreland said, adding the change closes what he described as prior statutory "loopholes" that limited towing to repeat offenders who owned the vehicle.

The Milwaukee Police Department described the ordinance as a tool to remove dangerous vehicles from roadways. Assistant Chief Craig Sarno told the committee, "Driving is not in the constitution. It is not a right. It's privilege." Sarno said the measure would give officers the ability to impound vehicles involved in reckless driving; he reported MPD had issued 457 reckless-driving citations year to date and said, "Had this been in effect, the beginning of the year, that would have been 457 cars that we would have had to tow."

Committee members pressed for detail on implementation. Legislative staff and the Legislative Reference Bureau advised the committee that the governor had not yet signed the bills and recommended that the council wait for the governor—s signature and the statutory publication window before final local enactment. Max (Legislative Reference Bureau) advised holding final council passage until the state signature and any required publishing had completed.

The committee also heard operational detail about towing and release procedures. Tow-lot manager Nicole Anderson said the city tow lot can hold roughly 1,400 vehicles in winter conditions and can reserve roughly 300 spaces for vehicles subject to a 90-day holding period required under the ordinance. Peter Knox of Parking Services summarized typical reclaim costs and conditions: a $150 tow fee, roughly $25 per day storage, a $50 relocation fee when applicable, and requirements that releasors satisfy citations and registration requirements. MPD explained officers make reasonable efforts to determine whether a vehicle has been reported stolen and that owners of stolen vehicles are not assessed tow charges when the department recovers a vehicle and releases it to the owner.

Members also debated the phrase "at the officer's discretion." Westmoreland said he opposed open-ended discretion but accepted it as part of the current compromise and pledged to seek future refinements. MPD said it is preparing a standard operating procedure (SOP) that will integrate towing and citation expectations; the department said members shall issue reckless-driving citations when elements are met and that towing would be incorporated into SOP 6-10.

Alderman Westmoreland moved to recommend passage of the ordinance and the committee approved the recommendation by unanimous consent; members asked that final council action be held until after the governor—s signature and any required publication period. The committee added several aldermen as co-sponsors and recorded that the matter will return for further procedural steps at the council level when the state action becomes effective.

What happens next: The committee—s recommendation moves the file to the Common Council. City legislative staff advised holding the council vote until after the governor signs the enabling state legislation and any statutory publication period has elapsed so the ordinance can take effect promptly and with clarity about timing and messaging.

Quotes used in this article are drawn from committee testimony and are attributed to speakers who spoke on the record at the Oct. 23 meeting.