§ 82-29. Seizure after fourth offense in three years.

(a)

Definition. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Sound-producing device does not include a piece of equipment or machinery that is designed for agricultural purposes and that is being used in the conduct of agricultural operations.

(b)

Citation. At the time of issuing a citation for violation of this article, an officer may 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:

(1)

The owner of the radio, electric sound amplification device or other sound-producing device; and

(2)

The owner of such device has three or more prior convictions of this article, Wis. Stats. § 346.94(16), a municipal ordinance adopting Wis. Stats. § 346.94(16), or any other municipal ordinance prohibiting excessive noise within a three-year period of time.

(c)

Impoundment of vehicle. 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, the vehicle may be impounded for not more than five working days to permit the village or an authorized agent to remove the radio, electric sound amplification device or other sound-producing device. Upon removal of the sound-producing device, an impounded vehicle shall be returned to its rightful owner upon payment of the reasonable cost of impounding the vehicle and removing the sound-producing device.

(d)

Costs. The cost of removal of a sound-producing device shall constitute a cost of prosecution and shall be added to any forfeiture assessed for violation of this article.

(e)

Forfeitures; sales. Any sound-producing device seized under this section shall be treated in substantially the same manner as 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 police department, and the village attorney shall institute forfeiture proceedings. If the sound-producing equipment is sold by the police department, all proceeds from the sale shall be retained by the village.

(f)

Return to owner upon payment of costs. Upon payment of the forfeiture imposed by the court and the costs assessed under subsection (d) of this section, the sound-producing device shall be returned to its rightful owner.

(g)

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

(h)

Applicability of section provisions. This section does not apply to a radio, electric sound amplification device or other sound-producing device on a motorcycle.

(Code 1991, § 7.12(4)(e)—(g), (5)(a)—(e))