[HISTORY: Adopted by the Village Board of the Village of
Howards Grove as §§ 10-5-1 to 10-5-7 of the 1993 Code
of Ordinances. 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
Howards Grove 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 Howards Grove 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 is enclosed within a building,
or if designated as not abandoned by the Village Board or a law enforcement
officer.
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 Village 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 § 362-3.
A.
Applicability. The provisions of this section shall apply to the removal, storage, notice, reclaimer or disposal of abandoned vehicles as defined in § 362-1.
B.
Removal.
(1)
Any law enforcement 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 of Howards Grove which has been
abandoned shall cause the vehicle to be removed to a suitable place
of impoundment.
(2)
Upon removal of the vehicle, the law enforcement officer shall notify
the Village of the abandonment and of the location of the impounded
vehicle.
C.
Storage and reclaimer. Any abandoned vehicle which is determined
by the Village Board, or its designee, or a law enforcement officer
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 Village Board,
or its designee, or a law enforcement officer 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 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 Village Board, or its designee, or a
law enforcement officer 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 Village
of Howards Grove;
(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 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
(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 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 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 Village Board, or its designee, or a law
enforcement officer 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 Village 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 Village shall be made available to any interested person or
organization which makes a written request for such 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 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 chapter and any other
provisions of this Municipal Code, this chapter shall control.
