[HISTORY: Adopted by the City Council of
the City of Weyauwega 5-21-2001 by Ord. No. 2001-01 as §§ 10-5-1
to 10-5-7 of the 2001 Code. Amendments noted where applicable.]
A.
Abandonment of vehicles prohibited. No person shall
leave unattended any motor vehicle, trailer, semitrailer or mobile
home on any public street or highway or private or public property
in the City of Weyauwega for such time and under such circumstances
as to cause the vehicle to reasonably appear to have been abandoned.
Whenever any such vehicle has been left unattended on any street or
highway in the City of Weyauwega or upon private or public property
without the permission of the property owner or other person charged
with the lawful jurisdiction thereof for more than 72 hours, the vehicle
shall be deemed abandoned and constitutes a public nuisance.
B.
STREET
UNATTENDED
VEHICLE
Definitions. For purposes of this chapter, the following
definitions shall be applicable:
Any public highway or alley and shall mean the entire width
between the boundary lines of any public way where any part thereof
is open to the public for purposes of vehicular traffic.
Unmoved from its location with no obvious sign of continuous
human use.
A motor vehicle, trailer, semitrailer or mobile home, whether
or not such vehicle is registered under Wisconsin law.
C.
Presumptions. For purposes of this section, the following
irrebuttable presumptions shall apply:
(1)
A vehicle shall be presumed unattended if it is found
in the same position 72 hours after issuance of a traffic ticket or
citation and if such traffic ticket or citation remains placed upon
the windshield during said 72 hours.
(2)
Any vehicle left unattended for more than 72 hours
on any public street or public ground or left unattended for more
than 72 hours on private property without the consent of the property
owner is deemed abandoned and constitutes a nuisance, provided that
the vehicle shall not be deemed abandoned under this subsection if
left unattended on private property outside of public view and enclosed
within a building or if designated as not abandoned by the Chief of
Police or designee.
D.
Exceptions. This section shall not apply to a vehicle
in an enclosed building or a vehicle stored on a premises licensed
for storage of junk or junked vehicles and fully in compliance with
City zoning regulations or to a vehicle parked in a paid parking lot
or space where the required fee has been paid.
Any vehicle in violation of this chapter shall be removed and impounded until lawfully claimed or disposed of under the provisions of § 450-3.
A.
Applicability. The provisions of this section shall apply to the removal, storage, notice, reclaimer or disposal of abandoned vehicles as defined in § 450-1.
B.
Removal.
(1)
Any police officer who discovers any motor vehicle,
trailer, semitrailer or mobile home on any public street or highway
or private or public property in the City of Weyauwega which has been
abandoned shall cause the vehicle to be removed to a suitable place
of impoundment.
(2)
Upon removal of the vehicle, the police officer shall
notify the Chief of Police or his/her designee of the abandonment
and of the location of the impounded vehicle.
C.
Storage and reclaimer. Any abandoned vehicle which
is determined by the Chief of Police or his/her designee to be abandoned
shall be retained in storage for a period of 14 days after certified
mail notice, as hereinafter provided, has been sent to the Wisconsin
titled owner and/or secured party of record with the Wisconsin Division
of Motor Vehicles, except that if the Chief of Police or his/her designee
determines an abandoned vehicle to have a value of less than $100,
or that the cost of towing and storage charges for impoundment will
exceed the value of the vehicle, it may be junked or sold by direct
sale to a licensed salvage dealer after having been retained in storage
for a period of seven days and after certified mail notice, as hereinafter
provided, has been sent to the Wisconsin titled owner or secured party
of record with the Wisconsin Division of Motor Vehicles, provided
that it is first determined that the vehicle is not reported stolen
or wanted for evidence or other reason. All substantially complete
vehicles in excess of 19 model years of age shall be deemed as a having
value in excess of $100. Any such vehicle which may be lawfully reclaimed
may be released upon the payment of all accrued charges, including
towing, storage and notice charges, and upon presentation of the vehicle
title or other satisfactory evidence to the Chief of Police or his/her
designee to prove an ownership or secured party interest in said vehicle.
D.
Notice to owner or secured party. Certified mail notice,
as referred to herein, shall notify the Wisconsin titled owner of
the abandoned vehicle, if any, and/or the secured party of record
with the Wisconsin Division of Motor Vehicles, if any, of the following:
(1)
That the vehicle has been deemed abandoned and impounded
by the City of Weyauwega;
(2)
The determined value of the abandoned vehicle;
(3)
If the cost of towing and storage costs will exceed
the determined value of the vehicle;
(4)
That if the vehicle is not wanted for evidence or
other reason, the vehicle may be reclaimed upon the payment of all
accrued charges, including towing, storage and notice charges, within
14 days of the date of notice, unless it has been determined that
the vehicle has a value less than $100 or that the cost of towing
and storage charges for impoundment will exceed the value of the vehicle,
in which case the vehicle may be reclaimed within seven days upon
the payment of the aforesaid charges; and
(5)
That the owner or aforesaid secured party may, upon
request, be granted a hearing relating to the determinations made
with respect to said vehicle within the period that such vehicle may
be reclaimed.
Any abandoned vehicle impounded by the City
which has not been reclaimed or junked or sold by direct sale to a
licensed salvage dealer pursuant to the provisions of this chapter
may be sold by public auction sale or public sale calling for the
receipt of sealed bids. A Class 1 notice, including the description
of the vehicles, the name(s) and address(es) of the Wisconsin titled
owner and secured party of record, if known, and the time of sale
shall be published before the sale.
Within five days after the direct sale or disposal
of a vehicle as provided for herein, the Chief of Police or his/her
designee shall advise the State of Wisconsin Department of Transportation,
Division of Motor Vehicles, of such sale or disposal on a form supplied
by said Division. A copy of the form shall be given to the purchaser
of the vehicle enabling the purchaser to obtain a regular certificate
of title for the vehicle. The purchaser shall have 10 days to remove
the vehicle from the storage area but shall pay a reasonable storage
fee established by the City for each day the vehicle remains in storage
after the second business day subsequent to the sale date. Ten days
after the sale the purchaser shall forfeit all interest in the vehicle
and the vehicle shall be deemed to be abandoned and may be sold again.
Any listing of vehicles to be sold by the City shall be made available
to any interested person or organization who or which makes a written
request for such list to the Police Department. The Police Department
may charge a reasonable fee for the list.
A.
The owner of any abandoned vehicle, except a stolen
vehicle, is responsible for the abandonment and all costs of impounding
and disposing of the vehicle. Costs not covered from the sale of the
vehicle may be recovered in a civil action by the City against the
owner.
B.
Payment of removal and impoundment costs is not required
when the vehicle has been impounded for purposes of law enforcement
investigation.
In the event of any conflict between this chapter
and any other provisions of this Municipal Code, this chapter shall
control.
