[HISTORY: Adopted by the Village Board of the Village of
Tigerton 4-5-1988 as §§ 8-4-1 to 8-4-7 of the 1988 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 Village of
Tigerton 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 Village of Tigerton 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 travel.
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 purpose 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 or if designated as not abandoned
by the Chief of Police.
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, 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 § 511-3.
The provisions of this section shall apply to the removal, storage,
notice, reclaimer or disposal of abandoned vehicles.
A.
Removal.
(1)
Any police officer who discovers any motor vehicles, trailer, semitrailer
or mobile home on any public street or highway or private or public
property in the Village of Tigerton 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 Police
Chief or his designee of the abandonment and of the location of the
impounded vehicle.
B.
Storage and reclaiming. Any abandoned vehicle which is determined
by the Police Chief or his 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 Motor Vehicle Division,
except that, if the Police Chief or his 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 priced, has been sent
to the Wisconsin titled owner or secured party of record with the
Wisconsin Motor Vehicle Division, and provided that it is first determined
that the vehicle is not reported stolen or wanted for evidence or
other reason. 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 Police Chief or his designee
to prove an ownership or secured party interest in said vehicle.[1]
C.
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
Motor Vehicle Division, if any, that the vehicle has been deemed abandoned
and impounded by the Village of Tigerton; the "determined value" of
the abandoned vehicle or if the cost of towing and storage charges
will exceed the determined value of the vehicle; 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 the
vehicle has been determined to have 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 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 vehicles may be reclaimed.
Any abandoned vehicle impounded by the Village 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 bid.
Class 1 notice, including the description of the vehicle, 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 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.
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 Village 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 section and any other
provisions of the Village's Code, this chapter shall control.
