Ordinance committee backs adding state reckless-driving impound statute to Waukesha code

The Waukesha City Ordinance and Licensing Committee voted unanimously March 9 to recommend inserting the recent changes to Wisconsin Statute 349.115 into the municipal code to allow impoundment of vehicles used in reckless driving.

Assistant City Attorney Michael Radovich presented the referral and told the committee his office had prepared a memorandum outlining the state amendments and that a minor correction would be made to subsection 7(a) to explicitly state that the city will return the vehicle once towing and storage costs are paid. “My office did get a referral regarding adopting the statute into our code,” Radovich said, and he offered to answer questions.

The police chief said the measure would give officers an additional enforcement tool focused on public safety. “I fully support it. I think it’s good,” the chief said, describing reckless driving as “a public safety threat” and saying impoundment can help keep drivers accountable.

Committee members pressed staff on implementation details: when the ordinance would take effect, how the city handles storage and towing, how impound rules compare with OWI/DUI practices, and who bears costs when a stolen vehicle is impounded. The clerk and Radovich explained this was a first reading; ordinances become effective the day after publication following the council process, and the clerk can publish promptly to enable enforcement as soon as allowed. Radovich said the amended language mainly clarifies the city’s duty to return vehicles when costs are paid and otherwise strengthens the city’s existing remedy.

On logistics, the chief said the department uses multiple contracted tow operators and retains vehicles involved in fatalities on a city lot, while partnering tow companies store other impounded vehicles. If a vehicle proves to be stolen, the department seeks to identify and return it to the owner; Radovich reiterated the duty to return stolen vehicles free of charge. He also said the city could seek restitution or civil claims against reckless drivers when the city incurs recoverable costs.

Alderson Ventreast moved to approve the recommendation to adopt Wisconsin Statute 349.115 into the municipal code, incorporating the small language change Radovich noted; the motion was seconded and passed unanimously. The committee recorded no opposing votes and the item will move forward to the full council with the recommended technical revision.

The committee’s action directs the clerk and city attorney’s office to prepare the ordinance language reflecting the amendment for council consideration; the next procedural step is the council’s second reading and publication schedule.