§ 28-7. Parked, stopped or standing vehicle emitting noise; exceptions.

(a)

No abrogation of other noise restrictions. The provisions of this section are in addition to, and not in lieu of, the provisions of section 16-4(9) and all other village noise regulations. Nothing in this section shall be construed to abrogate other village noise regulations as they may be amended from time to time by the village board.

(b)

Seizure authorized. Notwithstanding any provision of this chapter to the contrary, the village authorizes a law enforcement officer, at the time of issuing a citation in the village for a violation of Wis. Stats. § 346.94(16) or this section, to seize any radio, electric sound amplification device or other sound-producing device used in the commission of the violation if the person charged with such violation is the owner of the radio, electric sound amplification device or other sound-producing device and has three or more prior convictions within a three-year period.

(c)

Period of impoundment. The village may impound a vehicle violating this section for not more than five working days to permit the village or its authorized agent to remove the radio, electric sound amplification device or other sound-producing device if the vehicle is owned by the person charged with the violation and the sound-producing device may not be easily removed from the vehicle. Upon removal of the sound-producing device, an impounded vehicle shall be returned to its rightful owner upon payment of the reasonable costs of impounding the vehicle and removing the sound-producing device.

(d)

Procedure. Any sound-producing device seized under this section shall be treated in substantially the manner provided in Wis. Stats. §§ 973.075(3), 973.076 and 973.077 for property realized through the commission of any crime, except that the sound-producing device shall remain in the custody of the applicable law enforcement agency, a district attorney or village attorney, as applicable, who shall institute the forfeiture proceedings, and, if the sound-producing device is sold by the law enforcement agency, all proceeds of the sale shall be retained by the village.

(e)

Disposal of unclaimed vehicle. The village may, following the procedure for an abandoned vehicle under Wis. Stats. § 342.40, dispose of any impounded vehicle which has remained unclaimed for a period of 90 days after disposition of the forfeiture action.

(f)

Defenses. The following are defenses in any action for violation of this section:

(1)

Stolen vehicle. It is a defense to liability under this section that a report that the vehicle was stolen was given to a traffic officer before the violation occurred or within a reasonable time after the violation occurred.

(2)

Vehicle not under owner's control. If the owner of the vehicle provides a traffic officer employed by the authority issuing the citation with the name and address of the person operating the vehicle or having the vehicle under his 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 or having the vehicle under his control at the time of the violation, then the owner of the vehicle shall not be liable under this section or under Wis. Stats. § 346.94(16).

(3)

Leased vehicle. 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 traffic officer employed by the authority issuing the citation with the information required under Wis. Stats. § 343.46(3), then the lessee and not the lessor shall be liable under this section or under Wis. Stats. § 346.94(16).

(4)

Dealer vehicle on test drive. If the vehicle is owned by a dealer, as defined in Wis. Stats. § 340.01(11), but including the persons specified in Wis. Stats. § 340.01(11)(a) to (d), 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 traffic officer employed by the authority issuing the citation with the name, address and operator's license number of the person operating the vehicle or having the vehicle under his control on a trial run, then that person, and not the dealer, shall be liable under this section or under the applicable provision of Wis. Stats. § 346.94(16).

(g)

Presumption of vehicle owner liability. The owner of a vehicle involved in a violation of Wis. Stats. § 346.94(16) or this section, or any other village ordinance prohibiting excessive noise, including, but not limited to, the provisions of this article, shall be presumed liable for the violation as provided in this section.

State law reference

Authority for local regulation, impoundment, seizure and forfeitures for sound-producing devices, Wis. Stats. § 66.0411; local authority to regulate radios and other electric sound amplification devices, Wis. Stats. § 349.135; radio or other electric sound amplification emitting from vehicle restricted, Wis. Stats. § 346.94(16); horns and warning devices, Wis. Stats. § 347.38.