The following words, terms, and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
A motor vehicle, trailer, semitrailer, or mobile home as defined by statute in § 351-1, whether or not such vehicle is registered under Ch. 341, Wis. Stats.
Each violation of any provision of this Article II shall be subject to the penalties and remedies described in § 1-3 of this Code, except that the forfeiture amount described in § 1-3A shall be not less than $50 and not more than $100 for each violation. In addition, and not to the exclusion or prejudice of such general penalties, the violator shall be liable to the Village for all costs and expenses incurred in impounding and disposing of an abandoned vehicle.
No person shall abandon any vehicle unattended within the Village
for such time and under such circumstances as to cause the vehicle
to reasonably appear to be abandoned.
Any vehicle left unattended for more than 48 hours on any public
street or grounds, or on private property where parking is prohibited,
limited, or restricted without the permission of the owner or lessee,
is deemed abandoned and constitutes a public nuisance; provided, however,
that the vehicle shall not be deemed abandoned under this article
if left unattended on private property out of public view by permission
of the owner or lessee.
This article shall not apply to a vehicle in an enclosed building
or a vehicle in an appropriate storage place or depository maintained
in a lawful place and manner authorized by the Village.
Any vehicle found abandoned in violation of this article shall be impounded by the Washington County Sheriff’s Deputy or Village law enforcement officer until lawfully claimed or disposed of as provided in this article. If the Washington County Sheriff or his or her duly authorized representative determines that towing costs and storage charges for 10 days, as provided in § 351-15, would exceed the value of the vehicle, the vehicle may be junked or sold prior to the expiration of the impoundment period upon determination by the Washington County Sheriff’s Deputy or Village law enforcement officer that the vehicle is not wanted for evidence or any other reason; provided, however, that vehicles in excess of 19 model years of age shall be sold or disposed of only by auction sale or sealed bid in accordance with § 351-17.
The minimum period of impoundment or storage of a vehicle found
in violation of this article shall be 10 days.
The law enforcement officer removing or causing the removal
of any vehicle found in violation of this article shall immediately
notify the Washington County Sheriff’s Deputy or Village law
enforcement officer of the abandonment and location of the impounded
vehicle and shall, within 10 days thereafter, notify the owner and
lienholders of record, by certified mail, of the impoundment and of
their right to reclaim the vehicle. The notice shall set forth the
information contained in § 342.40(3), Wis. Stats., and shall
state that the failure of the owner or lienholders to exercise their
right to reclaim the vehicle shall be deemed a waiver of all right,
title and interest in the vehicle and a consent to sale of the vehicle.
Each retained vehicle not reclaimed by the owner or lienholder
may be disposed of by sealed bid or auction sale as provided in § 342.40(3),
Wis. Stats.
The sale of a motor vehicle under the provisions of this article
shall forever bar all prior claims thereto and interest therein except
as provided in this article.
The purchaser of any vehicle on sealed bid or auction sale under § 351-17 shall have 10 days to remove the vehicle from the storage area but shall pay a reasonable storage fee set by the Village fee schedule for each day the vehicle has remained 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 again sold.
Any listing of vehicles to be sold pursuant to this article
shall be made available by the Clerk to any interested person or organization
who or which makes a written request therefor for a fee set by the
Village fee schedule.
Within five days after sale or disposition of a vehicle under
this article, the Clerk shall advise the State Department of Transportation
of such sale or disposition on a form supplied by such Department.
At any time within two years after the sale of a motor vehicle
as provided in this article, any person claiming ownership of such
motor vehicle or a financial interest therein may present a claim
to the Village Board setting forth such facts as are necessary to
establish such ownership or interest, and that the failure of the
claimant to reclaim the vehicle prior to sale was not the result of
the neglect or fault of claimant. If the Village Board is satisfied
as to the justice of such claim, it may allow the claim, but in no
case shall the amount allowed exceed the sum paid into the treasury
as the result of the sale of such motor vehicle, nor the amount of
interest of the claimant therein.
Any owner or person operating a registered vehicle which shall become disabled or inoperative for any reason, and who shall be unable to cause removal of such vehicle from any alley, street, highway or public place not otherwise regulated as a restricted parking, stopping or standing zone, shall, within 12 hours of such occurrence, notify the Washington County Sheriff’s Deputy or Village law enforcement officer of the location of the vehicle and shall transfer and deliver clear title for such vehicle to the Village together with a fee set by the Village fee schedule to offset the cost of towing and junking charges and shall be exempt from the provisions of this article. When so requested by the owner or person in charge of a vehicle, the Washington County Sheriff’s Deputy or Village law enforcement officer shall be authorized to order such vehicle removed and junked directly from the scene of disablement by a contractor engaged by the Village for towing of disabled vehicles. The provisions of § 351-21, Notice to State Department of Transportation, shall apply to any vehicle removed under this section.
