City of St. Francis, WI Chapter 431 Vehicles, Abandoned

[HISTORY: Adopted by the Common Council of the City of St. Francis as §§ 9.09(2) and 9.50 of the 1981 Code. Amendments noted where applicable.]

GENERAL REFERENCES

Vehicles and traffic — See Ch. 435.

§ 431-1 Vehicle abandonment prohibited.

[Amended 12-16-2014 by Ord. No. 1375]

A. Pursuant to § 32.40, Wis. Stats., no person shall leave unattended any motor vehicle, trailer, semitrailer or mobile home on any public street or highway or public or private property for such time and under such circumstances as to cause the vehicle to reasonably appear to have been abandoned. For purposes of this section, a motor vehicle, trailer, semitrailer, or mobile home shall be deemed abandoned and, therefore, a public nuisance if:

(1) It has been left unattended on any City street or highway or on any public property without the permission of the City, or on private property within the City without the permission of the property owner, for more than 24 hours; or

(2) It has been found unattended upon any public street, highway, alley or municipal parking lot in the City without current registration, or registration expiring within the immediately preceding 31 days, as required under Ch. 341, Wis. Stats.; or

(3) It has been found unattended upon any public street, highway, alley or municipal parking lot in the City without displaying valid registration plates, a temporary operation plate, or other evidence of registration as provided under § 341.18(1), Wis. Stats., for the vehicle's current registration period or for a registration period for the vehicle that expired within the immediately preceding 31 days.

B. No motor vehicle, trailer, semitrailer or mobile home shall be considered an abandoned vehicle for purposes of this section when it is out of ordinary public view.

§ 431-2 Removal and impoundment.

Any vehicle in violation of this chapter shall be impounded until lawfully claimed or disposed of under § 431-3, except that if the Chief of Police or his authorized representative determines that the cost of towing and storage charges for the impoundment would exceed the value of the vehicle, the vehicle may be junked by the City prior to expiration of the impoundment period upon determination by the Chief of Police or his authorized representative that the vehicle is not wanted for evidence or any other reason.

§ 431-3 Disposal.

A. Vehicles exceeding $100 in value.

(1) If the Chief of Police or his authorized representative determines that the value of an abandoned vehicles exceeds $100, he shall notify the owner and lienholders of record by certified mail that the vehicle has been deemed abandoned and impounded by the City and may be reclaimed within 15 days upon payment of accrued towing, storage, and notice charges and if not so reclaimed shall be sold. See also § 431-4.

(2) If an abandoned vehicle exceeding $100 in value is not reclaimed within the period and under the conditions provided in Subsection A(1) above, it may be sold at private sale.

(3) After deducting the expenses of impoundment and sale, the balance of the proceeds, if any, shall be paid into the City treasury.

B. Vehicles of less than $100 in value. Any abandoned vehicle which is determined by the Chief of Police or his authorized representative to have a value of less than $100 may be disposed of by direct sale to a licensed salvage dealer upon determination that the vehicle is not reported stolen.

§ 431-4 Owner responsible for abandonment and costs.

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, provided that no such costs shall be imposed without notice thereof to the owner and an opportunity for the owner to be heard thereon. Costs not recovered by the sale of the vehicle may be recovered in a civil action by the City against the owner.

§ 431-5 Notice of sale or disposition.

Within five days after the sale or disposal of a vehicle as provided in § 431-3, the Chief of Police or his authorized representative shall advise the State Department of Transportation, Division of Motor Vehicles, of such sale or disposition on a form supplied by the Division. A copy of such form shall be given to the purchaser of the vehicle and a copy shall be retained on file in the City.

§ 431-6 Violations and penalties.

Any person who shall violate any provision of this chapter shall be subject to a penalty as provided in § 1-4 of this Code.