[Adopted 6-30-1994 as
Title 8, Ch. 4, Secs. 8-4-1 through 8-4-7, of the 1994 Code]
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 for such time and under such circumstances
as to cause the vehicle to reasonably appear to have been abandoned.
Wherever any such vehicle has been left unattended on any street or
highway in the Village 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.
Any vehicle in violation of this article shall be removed and impounded until lawfully claimed or disposed of under the provisions of §
435-3.
The provisions of this section shall apply to the removal, storage,
notice, reclaiming or disposal of abandoned vehicles.
A. 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 Village 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 of his/her designee of the abandonment and of the
location of the impounded vehicle.
B. Storage and reclaiming. 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. 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.
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; 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 of 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 vehicle may be reclaimed.
Any abandoned vehicle impounded by the Village which has not
been reclaimed, junked or sold by direct sale to a licensed salvage
dealer pursuant to the provisions of this article, may be sold by
public auction sale or public sale calling for the receipt of sealed
bids. Class 1 notice, including the description of the vehicle, the
names(s) and address(es) of the Wisconsin title 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/her 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.
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.
In the event of any conflict between this article and any other
provisions of this Code, this article shall control.
[Adopted 6-30-1994 as
Title 8, Ch. 4, Sec. 8-4-8, of the 1994 Code]
As used in this article, the following terms shall have the
meanings indicated:
INOPERABLE APPLIANCE
Any stove, washer or refrigerator which is no longer operable
in the sense for which it was manufactured.
This article 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 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 such vehicles are stored in rear yard
areas. Such business enterprises shall include auto junkyards and
auto repair and body shops but shall not include automobile service
stations or tire, battery and accessory sales stores, except those
service stations which operate a duly licensed wrecker service. Also
excepted are motor vehicles registered pursuant to §§ 341.265
and 341.266, Wis. Stats. In other situations, the Chief of Police
may issue permits permitting an extension of not to exceed an additional
30 days' time to comply with this article where exceptional facts
and circumstances warrant such extension.
Any person who shall interfere with the enforcement of any of the provisions of this article and shall be found guilty thereof shall be subject to a penalty as provided in §
1-2. Each motor vehicle or appliance involved shall constitute a separate offense.