Vehicle Owner's Liability for Cruising., Chapter 10. Traffic and Vehicles, Municipal Code, Code of Ordinances, West Allis

(1)

Definitions.

(a)

"Dealer" means a person who, for a commission or other thing of value, sells, exchanges, buys or rents, or offers or attempts to negotiate a sale or exchange of an interest in motor vehicles, recreational vehicles, trailers or semitrailers, or who is engaged wholly or in part in the business of selling motor vehicles, recreational vehicles, trailers or semitrailers.

(b)

"Owner" shall mean a lessee of a vehicle or a person who holds the legal title of a vehicle, except that if legal title is held by a secured party with the immediate right of possession of the vehicle vested in the debtor, the debtor is the owner for the purposes of this section.

(2)

The owner of a vehicle involved in a violation of Section 10.18 for cruising shall be presumed liable for the violation as provided in this section.

(3)

Notwithstanding Subsection (2), no owner of a vehicle involved in a violation of Section 10.18 for cruising may be convicted under this section if the person operating the vehicle or having the vehicle under his or her control at the time of the violation has been convicted for the violation under Section 10.18.

(4)

Procedure for Issuance of a Citation. An officer shall investigate the violation and may prepare a municipal citation for the violation. Within seven (7) days of the violation date, an officer shall serve the citation by personally serving it upon the owner of the vehicle, by leaving a copy of the citation at the owner's usual place of abode in compliance with Section 801.11(1)(b) of the Wisconsin Statutes, or by mailing the citation to the owner of the vehicle by first-class mail.

(5)

Defenses to the Imposition of Liability. Defenses to a citation issued under this section include:

(a)

That a truthful report that the vehicle was stolen was given to a law enforcement officer before the violation occurred or within a reasonable time after the violation occurred.

(b)

If the owner of the vehicle provides a West Allis police officer with the name and address of the person operating the vehicle or having the vehicle under his or her control at the time of the violation and sufficient information for the officer to determine that probable cause does not exist to believe that the owner of the vehicle was operating the vehicle at the time of the violation, then the owner of the vehicle shall not be liable under this section.

(c)

If the vehicle is owned by a lessor of vehicles and at the time of the violation the vehicle was in the possession of a lessee, and the lessor provides a West Allis police officer with the information required under Section 343.46(3) of the Wisconsin Statutes then the lessee and not the lessor shall be liable under this section.

(d)

If the vehicle is owned by a dealer, and at the time of the violation the vehicle was being operated by or was under the control of any person on a trial run, and if the dealer provides a West Allis police officer with the name, address and operator's license number of the person operating the vehicle, then that person and not the dealer shall be liable under this section.

(6)

Exclusions. This section shall not apply to:

(a)

Any publicly owned vehicle of any city, county, state, federal, or other governmental unit while such vehicle is being used for the official purposes of said governmental unit.

(b)

Any authorized emergency vehicle.

(c)

Any taxicabs for hire, buses, or other vehicles being driven for business purposes.

(d)

Any vehicle owned by a school or school district while such vehicle is being used for the official purposes of said school or school district.

(7)

Penalties. Any person violating the provisions of this ordinance shall forfeit the sum of one hundred fifty dollars ($150) upon the first conviction under this section within a one-year period. For a second conviction under this section within a one-year period, the person shall forfeit the sum of three hundred dollars ($300). For a third or subsequent conviction under this section within a one-year period, the person shall forfeit the sum of six hundred dollars ($600). For all violations, the person shall be required to pay the costs of prosecution. In default of payment thereof, the person shall be imprisoned in the Milwaukee County House of Correction until such forfeiture and costs are paid, but not more than the number of days set forth in Section 800.095(1)(b)1 of the Wisconsin Statutes, or by suspension of the person's operating privilege, pursuant to Section 800.095(1)(a) of the Wisconsin Statutes. For purposes of counting the one-year period, the date of violation shall be used.