10.630 Towing of Motor Vehicles.

(1) Authority to Tow. Pursuant to Wis. Stat. § 349.13(3), whenever any traffic officer finds a vehicle upon a highway or a parking facility which is so situated as to constitute an emergency under subsection (2) of this section, the officer is authorized to order the towing and removal of such vehicle as provided for herein.

(2) Emergency Situations. A traffic officer may exercise the authority granted under subsection (1) of this section whenever a vehicle is parked:

(a) In such a manner to impede the free flow of traffic on any street or parking facility or to otherwise constitute a traffic hazard.

(b) In a posted tow away zone.

(c) In violation of MMC 10.410.

(d) In such a manner to block ingress and egress to or from any parking facility or private drive.

(e) In any manner as to obstruct or impede access to any emergency vehicle or safety equipment.

(3) Procedure. When a traffic officer elects to exercise the authority under subsection (1) of this section, the officer shall:

(a) Make a reasonable effort under the circumstances to contact the owner or person in control of such vehicle, if such person can be found.

(b) Issue a parking ticket or Municipal Court citation for the parking violation.

(c) As soon as practicable after towing of said vehicle, the officer or a designee shall attempt to inform the owner:

1. Of the location of the vehicle;

2. Of the right to regain possession of the motor vehicle upon payment of reasonable storage charges and towing fees; and

3. Of the right of the owner to challenge the reasonableness of the grounds for the towing.

(4) Release of Impounded Vehicle and Personal Property. Any vehicle impounded under this section and personal property within the vehicle shall be released as provided for in Wis. Stat. §§ 342.40 and 349.13(5), respectively.

(5) Additional Authority. The authority granted in this section to tow motor vehicles shall be in addition to any authority to tow junked and abandoned vehicles under MMC 16.130.

(6) Habitual Violation. When a vehicle is subject to an outstanding balance of $400.00 or more in parking tickets and additional fees issued by the City of Manitowoc, the vehicle(s) may be considered in habitual violation of the parking ordinances until such time that all outstanding parking tickets are paid in full. The outstanding balance is calculated by determining the total amount of parking tickets assessed against the vehicle, the vehicle’s registration plate, and the vehicle’s registered owner. Further, upon subsequent violation, contact or sighting, a vehicle considered to be in habitual violation of the parking ordinance pursuant to MMC 10.390 through 10.550 may be towed and impounded at the owner’s expense.

(7) Release of Vehicle. A person wishing his vehicle to be released must provide identification and a receipt showing all outstanding parking citations are paid in full, including the citation for which the towing occurred as well as any towing, storage, or administration fee assessed pursuant to subsection (3) of this section. Whenever all such charges are paid, the vehicle shall be released to its owner. If a citation upon which removal and storage are authorized is released by the Chief of Police or his duly authorized representative or dismissed by the court because the citation was improperly issued, the Chief of Police or his duly authorized representative shall release the vehicle without payment of charges for removal and storage and shall refund any charges for removal and storage of such vehicle which shall have previously been paid. See MMC 10.610(2) for storage fees as it relates to impounded vehicles.

[Ord. 15-330 § 1, 2015; Ord. 14-1725 § 1, 2014. Prior code § 10.1095]