[HISTORY: Adopted by the Common Council of the City of Brodhead
as Title 10, Ch. 5, of the 1997 Code. Amendments noted where applicable.]
No person owning or having custody of any partially dismantled,
nonoperable, wrecked, unlicensed, junked or discarded motor vehicle
shall allow such vehicle to remain upon private property longer than
10 days after notification thereof by the Police Department, or owning
or having custody of any motor vehicle that does not have valid current
registration to allow such vehicle to remain on any public highway,
parking lot or ramp longer than 48 hours after notification thereof
by the Police Department. Notification shall be accomplished by placing
in a conspicuous place on the vehicle a dated notice, which shall
be red in color, and by mailing or serving upon the owner or occupant
in charge of the premises a dated written notice bearing the same
date as the red notice setting forth briefly the applicable provisions
of this section. The red notice shall read as follows: "WARNING. This
vehicle is declared to be a public nuisance if not removed, and it
may be removed and disposed of by the Police Department, all as provided
in this chapter. You must remove the vehicle from this location so
as to make it in compliance with this chapter within _____ hours/days."
Any vehicle so tagged which is not removed within 48 hours if upon
any public street or grounds or within 10 days if upon private property
is declared to be a public nuisance and may be removed and disposed
of as provided in this chapter. No person, after notification to remove
any partially dismantled, nonoperable, wrecked, junked or discarded
motor vehicle from any private property has been given pursuant to
this chapter, shall move the same to any other private property upon
which such storage is not permitted or onto any public highway or
other public property so as to again make the vehicle in violation
of this chapter. Whenever the Chief of Police, or any member of his/her
Department, shall find or be notified that any such vehicle has been
so removed, the time periods as originally provided for herein as
applicable to the first location of the subject vehicle which first
required the dated notice shall continue to apply notwithstanding
such removal. In addition, such removal is a separate offense under
this chapter.
[Amended 9-10-2001]
Section 429-1 shall not apply to a motor vehicle in an appropriate storage place or depository maintained in a lawful place and manner authorized by the Code of the City of Brodhead. Further, the prohibition against persons owning or having custody of unlicensed motor vehicles, as provided in § 429-1 above, does not apply to operable motor vehicles used and kept exclusively on private property that is zoned industrial and which are used upon the private property for industrial uses such as moving equipment, parts, and materials.
As used in this chapter, the following terms shall have the
meanings indicated:
A motor vehicle, motor truck automobile, motor bus, station
wagon, truck tractor or semitrailer but does not mean a motor home,
trailer or snowmobile, whether or not the vehicle is registered under
Ch. 341, Wis. Stats.
No person shall abandon any vehicle unattended within the City
of Brodhead 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 for more than 10 days on private property is
deemed abandoned and constitutes a public nuisance after notification
thereof by the Police Department, provided that the vehicle shall
not be deemed abandoned under this chapter if left unattended on private
property out of public view, by permission of the owner or lessee.
Notification shall be accomplished by placing in a conspicuous place
on the vehicle a dated notice, which shall be red in color, and by
mailing or serving upon the owner or occupant in charge of the premises
a dated written notice bearing the same date as the red notice setting
forth briefly the applicable provisions of this section. The red notice
shall contain the following notice: "WARNING. This vehicle is deemed
abandoned and constitutes a public nuisance, and if not removed, it
may be removed and disposed of by the Police Department as provided
in this chapter. You must remove the vehicle from this location so
as to make it in compliance with this chapter within _____ hours/days."
Any vehicle so tagged which is not removed within 48 hours if upon
any public street or grounds or within 10 days if upon private property
is declared to be a public nuisance and may be removed and disposed
of as provided in this chapter. No person, after notification to remove
any abandoned motor vehicle from any private property has been given
pursuant to this chapter, shall move the same to any other private
property upon which such storage is not permitted or onto any public
highway or other public property so as to again make the vehicle in
violation of this chapter. Whenever the Chief of Police, or any member
of his Department, shall find or be notified that any such vehicle
has been so removed, the time periods as originally provided for herein
as applicable to the first location of the subject vehicle which first
required the dated notice shall continue to apply notwithstanding
such removal. In addition, such removal is a separate offense under
this chapter.
Section 429-5 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 Code of the City of Brodhead.
Any vehicle found in violation of this chapter shall be impounded by the Police Department until lawfully claimed or disposed of as provided in this chapter. Notwithstanding § 429-8 hereof, if the Chief of Police or his/her duly authorized representative determines that towing costs and storage charges for the 10 days would exceed the value of the vehicle, the vehicle may be junked or sold prior to the expiration of the minimum impoundment period upon determination by the Chief of Police that the vehicle is not wanted for evidence or any other reason, provided 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 § 429-10.
The minimum period of impoundment or storage of a vehicle found
in violation of this chapter shall be 10 days.
The Chief of Police shall, upon the removal and impoundment
of any vehicle found in violation of this chapter, notify, within
10 days of such removal, 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 rights 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 chapter
shall forever bar all prior claims thereto and interest therein except
as hereinafter provided.
The purchaser of any vehicle on sealed bid or auction sale under § 429-10 shall have 10 days to remove the vehicle form the storage area upon payment of a storage fee of $10 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 chapter
shall be made available by the City Clerk-Treasurer to any interested
person or organization who makes a written request therefor, for a
fee of $10.
Within five days after sale or disposition of a vehicle under
this chapter, the Clerk-Treasurer shall advise the Wisconsin Department
of Transportation of such sale or disposition on a form supplied by
the Department.
At any time within two years after the sale of a motor vehicle
as provided herein, any person claiming ownership of such motor vehicle
or a financial interest therein may present a claim to the Common
Council 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 City is satisfied as to the justice of such claim,
it may allow the same, but in no case shall the amount allowed exceed
the sum paid into the City Treasury as the result of the sale of such
motor vehicle, nor the amount of interest of the claimant therein.
A.
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
Police Department of the location of the vehicle and shall transfer
and deliver clear title for said vehicle to the City, together with
a fee of $10 to offset the cost of towing and junking charges, and
shall be exempt from the provisions of this chapter.
B.
When so requested by the owner or person in charge of a vehicle, the Police Department shall be authorized to order such vehicle removed and junked directly from the scene of disablement by the Police Department or contractor engaged by the City for towing of disabled vehicles. The provisions of § 429-7 shall apply to any vehicle removed under this section.
