[HISTORY: Adopted by the Village Board of the Village of
Kimberly as indicated in article histories. Amendments noted where
applicable.]
[Adopted 10-3-1988 as Sec. 10-4-8 of the 1988 Code]
No disassembled, inoperable, unlicensed, junked or wrecked motor
vehicles, truck bodies, tractors, trailers, farm machinery or appliances
shall be stored unenclosed outside a building upon private property
within the Village for a period exceeding 10 days unless it is in
connection with an authorized business enterprise located in a properly
zoned area maintained in such a manner as not to constitute a public
nuisance.
As used in this article, the following terms shall have the
meanings indicated:
Motor vehicles, recreational vehicles, truck bodies, tractors,
farm machinery or trailers in such state of physical or mechanical
ruin as to be incapable of propulsion, being operated upon the public
streets or highways, or which is otherwise not in safe or legal condition
for operation on public streets or highways due to missing or inoperative
parts, flat or removed tires, expired or missing license plates or
other defects.
Any stove, washer, refrigerator or other appliance which
is no longer operable in the sense for which it was manufactured.
Defined in § 340.01(35), Wis. Stats.
Motor vehicles, truck bodies, tractors, recreational vehicles
or trailers which do not bear lawful current license plates.
This article shall not apply to any motor vehicle or motor vehicle
accessories stored within an enclosed building or on the premises
of a business enterprise operated in a lawful place and manner in
a properly zoned area when necessary to the operation of such business
enterprise, in a storage place or depository maintained in a lawful
place and manner, or seasonal use vehicles such as snowmobiles, motorcycles,
motor scooters and nonmotorized campers, provided such vehicles are
stored in compliance with the ordinances of the Village. Also excepted
are motor vehicles registered pursuant to §§ 341.265
and 341.266, Wis. Stats. In other situations the Village Board may
issue temporary permits permitting an extension of not to exceed an
additional 30 days' time to comply with this article where exceptional
facts and circumstances warrant such extension.
A.
Whenever the Fox Valley Metro Police Department shall find any vehicles
or appliances, as described herein, placed or stored in the open upon
private property within the Village, it shall notify the owner of
said property on which said vehicle or appliance is stored of the
violation of this article. If said vehicle or appliance is not removed
within five days, the Fox Valley Metro Police Department shall cause
to be issued a citation to the property owner or tenant of the property
upon which said vehicle or appliance is stored.[1]
B.
If such vehicle or appliance is not removed within 20 days after issuance of a citation, the Chief of Police shall cause the vehicle or appliance to be removed and impounded, and it shall thereafter be disposed of as prescribed in §§ 459-3 through 459-6 by the Chief of Police or his/her duly authorized representative. Any cost incurred in the removal and sale of said vehicle or appliance shall be recovered from the owner. However, if the owner of the vehicle or appliance cannot readily be found, the cost of such removal shall be charged to the property from which it is removed, which charges shall be entered as a special charge on the tax roll.
Any person who shall interfere with the enforcement of any of the provisions of this article and shall be found guilty thereof shall be subject to a penalty as provided in § 1-4. Each motor vehicle or appliance involved shall constitute a separate offense.
