Committee moves to adopt state law allowing impoundment of vehicles used in reckless driving

On Monday, March 9, the Waukesha City Ordinance and Licensing Committee voted unanimously to recommend adopting Wisconsin Statute 349.115 into the municipal code, a change staff said would allow police to impound vehicles used in reckless driving.

Assistant City Attorney Michael Radovich told the committee his office had received a referral to add the state statute to the municipal code and that the state legislature recently amended the law. "My office did get a referral regarding adopting the statute into our code," Radovich said, and he offered to answer questions from members.

The committee pressed staff on implementation details. Committee members asked whether the ordinance would be effective immediately; staff said the ordinance is on its first reading and would have a second reading at the next council meeting, and that ordinance changes generally become effective the day after publication in the Freeman. Radovich also noted a minor wording error in subsection 7(a) that will be corrected at the next meeting so the code explicitly states the city shall return a vehicle when towing and storage costs are paid.

Police operations and logistics were part of the discussion. A committee member asked for the police perspective; the chief said he supports the change as a tool to keep residents safer and to hold drivers accountable. Committee members questioned how impounded vehicles would be stored; staff and the chief said partnering towing companies will handle most storage while the department retains vehicles involved in fatalities or serious incidents.

On stolen-vehicle scenarios, staff and the chief said the department seeks to identify stolen vehicles before impound and would work to return them to owners without charging costs where appropriate; Radovich added the city could pursue restitution or civil claims against reckless drivers in severe cases to recover incurred costs.

The committee adopted a motion to approve ID 26-03071, "adoption of Wisconsin Statute 349.115 into municipal code regarding the impounding of vehicles used in reckless driving." Alderson Ventre Estes moved the recommendation and Alderperson Lemke seconded; the chair announced the motion passed unanimously. The chair noted the short modification to section 7(a) mentioned by Radovich will be clarified at the council reading.

Because this action is a first reading, it is subject to the council's subsequent readings and publication rules before it becomes enforceable city law. The committee adjourned other business and moved on to licensing and event permit items.