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Committee reviews new state towing authority for reckless driving, delays action pending police input
Summary
Staff recommended the committee adopt recently passed state towing authority for reckless driving, but members asked for police-department input and more staff detail; the committee deferred taking action until the city attorney's analyst and PD can attend the next meeting.
The Waukesha City Ordinance and Licensing Committee discussed adopting a state law that would allow towing and immediate impoundment for certain reckless driving offenses, but held off taking action at its Feb. 23 meeting to gather more information from city staff and the police department.
Brian, a city staff member who prepared a memo with assistant Michael Radovich, told the committee the office's final recommendation is to adopt the state statute largely as drafted, but he said other stakeholders have not yet weighed in and that the item was not ready for action. “The final recommendation is to go ahead and adopt the state statute pretty much as is,” Brian said, while also saying staff wanted broader comment before moving forward.
Committee members raised practical and policy questions. Alderperson Steve Van Trieste, who referred the item to the committee, said he supports moving the matter forward when appropriate and suggested coordinating with the city administrator and the mayor. Members asked whether vehicles are typically impounded after OWI stops, how many reckless-driving citations the police department issued in the past year, and where to store towed cars. Brian noted the law appears intended to give police another tool and that officers retain discretion at the scene. He also explained that differences in draft language produce different unclaimed-vehicle timelines — the memo references 60 days for stolen vehicles and 90 days for disposition after impoundment — and suggested staff will check whether the city can vary those timelines from the state statute.
Alicia asked about costs when a towed vehicle proves to be stolen and whether the city could recover towing and impound costs through restitution; Brian said restitution is theoretically part of criminal judgments but that recovery is often difficult in practice. Members requested that Michael Radovich, who prepared the memo, and a police-department representative attend the next meeting so the committee can get operational details before deciding whether to adopt the statute.
No motion or vote was taken on the towing authority; the committee agreed to hold the discussion for the next meeting when additional staff and PD representatives can respond to questions.
