[HISTORY: Adopted by the Common Council of the City of Fox
Lake as Title 10, Ch. 5, of the 1997 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 Fox
Lake 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 Fox
Lake 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 48 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 48 hours after issuance of a traffic ticket or citation and
if such traffic ticket or citation remains placed upon the windshield
during said 48 hours.
(2)
Any vehicle left unattended for more than 48 hours on any public
street or public ground or left unattended for more than 48 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.
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 § 456-3.
A.
Applicability. The provisions of this section shall apply to the removal, storage, notice, reclaimer or disposal of abandoned vehicles as defined in § 456-1.
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 Fox Lake 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 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 Motor Vehicle Division,
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 Motor Vehicle Division, 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
Motor Vehicle Division, if any, of the following:
(1)
That the vehicle has been deemed abandoned and impounded by the City
of Fox Lake;
(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 the vehicle has been determined to have a value
less than $100 or 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 vehicles 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 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 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 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.
A.
Storage
of automobiles restricted. No disassembled, inoperable, unlicensed,
junked or wrecked motor vehicles, truck bodies, tractors, trailers,
farm machinery, vehicle parts or tires, or appliances shall be stored
upon private residential property or unenclosed within a building
upon nonresidential property within the City of Fox Lake 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 to not constitute a public nuisance.
B.
DISASSEMBLED, INOPERABLE, JUNKED OR WRECKED MOTOR VEHICLES,
TRUCK BODIES, TRACTORS OR TRAILERS
INOPERABLE APPLIANCE
MOTOR VEHICLE
UNLICENSED MOTOR VEHICLES, TRUCK BODIES, TRACTORS OR TRAILERS
Definitions.
As used in this section, the following terms shall have the meanings
indicated:
Motor vehicles, recreational vehicles, truck bodies, tractors,
farm machinery, boats, Jet Skis®, campers or trailers in such
state of physical or mechanical ruin as to be incapable of propulsion
or being operated upon the public streets, waterways or highways or
which are otherwise not in safe or legal condition for operation on
public streets, waterways or highways due to missing or inoperative
parts, flat or removed tires, expired or missing license plates or
other defects.
[Amended 7-3-2019]
Any stove, washer, refrigerator or other appliance which
is no longer operable in the sense for which it was manufactured.
Is defined in § 340.01(35), Wis. Stats.
Motor vehicles, truck bodies, tractors, recreational vehicles
or trailers which do not bear lawful current license plates.
C.
Exceptions.
This section 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 that such vehicles
are stored in compliance with the ordinances of the City. Also excepted
are motor vehicles registered pursuant to §§ 341.265
and 341.266, Wis. Stats. In other situations the Common Council may
issue temporary permits permitting an extension of not to exceed an
additional 30 days' time to comply with this section where exceptional
facts and circumstances warrant such extension.
D.
Enforcement.
(1)
Whenever the Police Department shall find any vehicles, vehicle parts
or tires, or appliances, as described herein, placed or stored in
the open upon private property within the City, it shall notify the
owner of said property on which said vehicle or appliance is stored
of the violation of this section. If said vehicle, part thereof or
appliance is not removed within five days, the 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.
(2)
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 §§ 456-3 through 456-6 by the Chief of Police or his 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.
