[HISTORY: Adopted by the Village Board of Trustees of the
Village of Slinger as Secs. 6.06 and 9.15 of the former Municipal
Code. Amendments noted where applicable.]
No person shall abandon any vehicle unattended within the Village
of Slinger for such time and under such circumstances as to cause
the vehicle to reasonably appear to be abandoned.
B.
Presumption of abandonment.
Any vehicle left unattended for more than 24 hours on any public street
or grounds or on private property is deemed abandoned and constitutes
a public nuisance, provided that the vehicle shall not be deemed abandoned
under this section if left unattended on private property out of public
view by permission of the owner or lessee.
[Amended 12-3-2018 by Ord. No. 11-01-2018]
C.
Exceptions. This section shall not apply to a vehicle in an enclosed
building; a vehicle in an appropriate storage place or depository
maintained in a lawful place and manner authorized by the Village;
a vehicle parked in a metered or paid lot or parking space where the
required fee has been paid or meter activated; or unless it is connected
with an automotive sales or repair business enterprise located in
a properly zoned area.
[Amended 12-20-2021 by Ord. No. 12-01-2021]
D.
Exemption.
(1)
Any owner or person operating a registered vehicle which shall become
disabled or inoperative for any reason, and who should be unable to
cause removal of such vehicle from any street, alley, 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 Village together with
a fee as set by the Village Board to offset the cost of towing and
junking charges and shall be exempt from the provisions of this chapter.
(2)
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 Village or contractor engaged by the Village for towing of disabled vehicles. The provisions of § 453-2H shall apply to any vehicle removed under this subsection.
E.
Inoperable, wrecked or discarded vehicles. No person owning or having
custody of any partially dismantled, nonoperable, wrecked, junked
or discarded motor vehicle shall allow such vehicle to remain on any
public highway, parking lot or ramp longer than 24 hours after notification
thereof by the Police Department. Notification shall be accomplished
by placing in a conspicuous place on the vehicle and by mailing or
serving upon the owner or occupant in charge of the premises a written
notice setting forth briefly the applicable provisions of this section
and the date of the notice. Any vehicle so tagged which is not removed
within 24 hours after notice is declared to be a public nuisance and
may be removed and disposed of as provided in this Code.
[Amended 12-3-2018 by Ord. No. 11-01-2018]
(1)
Exceptions. This section shall not apply to a motor vehicle in an
appropriate storage place or depository maintained in a lawful place
and manner authorized by the Village.
A.
Removal and impoundment for sale or junk. Any vehicle found abandoned in violation of this chapter shall be impounded by the Police Department, and may be stored in a junk or salvage yard or other suitable place, such as a towing facility, until lawfully claimed or disposed of as provided in this section. If the Chief of Police or his duly authorized representative determines that towing costs and storage charges for the minimum of 25 days’ impoundment after certified mail notice has been sent to the owner and lienholders of record, as required by § 342.40(3)(c), Wis. Stats., would exceed the value of the vehicle, the vehicle may be junked or sold prior to the expiration of the 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, sealed bid or junked in accordance with Subsection D of this section.
[Amended 12-3-2018 by Ord. No. 11-01-2018; 12-20-2021 by Ord. No. 12-01-2021]
B.
Minimum impoundment period. The minimum period of impoundment or
storage of a vehicle found in violation of this chapter shall be 10
days.
[Amended 12-3-2018 by Ord. No. 11-01-2018]
C.
Notice to owner. The police department removing or causing the removal
of any vehicle found in violation of this section shall within 10
days thereafter notify the owner and lien holders 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 lien
holders 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.
D.
Sale. Each retained vehicle not reclaimed by the owner or lien holder
may be disposed of by sealed bid, auction or junked as provided in
§ 342.40(3), Wis. Stats.
[Amended 12-20-2021 by Ord. No. 12-01-2021]
E.
Sale to bar claims against vehicle. The sale of a motor vehicle under
the provisions of this section shall forever bar all prior claims
thereto and interest therein except as hereinafter provided.
F.
Purchaser to remove vehicle. The purchaser of any vehicle in sealed bid or auction sale under Subsection D shall have 10 days to remove the vehicle from the storage area upon payment of a storage fee per the fee schedule approved by the Village Board 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.
[Amended 12-3-2018 by Ord. No. 11-01-2018]
G.
Request for list. Any listing of vehicles to be sold pursuant to
this section shall be made available by the Village Clerk to any interested
person or organization who makes a written request therefor, for a
fee per the fee schedule approved by the Village Board.
[Amended 12-3-2018 by Ord. No. 11-01-2018]
H.
Notice to Department. Within five days after sale or disposition
of a vehicle under this section, the Clerk shall advise the Department
of Transportation of such sale or disposition on a form supplied by
the Department.[1]
[1]
Editor's Note: Original Sec. 6.06L, Owner may file, which
immediately followed this subsection, was repealed 12-3-2018 by Ord.
No. 11-01-2018.
A.
Vehicle abandonment prohibited.
(1)
No person, firm, partnership, or corporation shall accumulate or store any junked, unlicensed, or inoperable motor vehicle, trailer, semi-trailer, mobile home, or parts thereof, outside of any building on any real estate, either public or private, located within the corporate limits of the Village, except upon a permit issued by the Village Planning Commission in accordance with Chapter 550, Zoning, of the Code of the Village of Slinger. When any motor vehicle, trailer, semi-trailer, mobile home, or parts thereof, have been left unattended in the Village for more than 24 continuous hours, the vehicle is deemed abandoned and constitutes a public nuisance.
(2)
Penalty. Any person, firm, partnership, or corporation violating the provisions hereof shall, upon conviction, be fined as provided in Chapter 1, General Provisions, of the Code of the Village of Slinger for each offense. Each day that the motor vehicle, trailer, semi-trailer, mobile home, or parts thereof shall be stored contrary to the provisions hereof shall constitute a separate and distinct offense.
[Amended 12-3-2018 by Ord. No. 11-01-2018]
B.
Removal of abandoned vehicles. In addition to issuing citations as
provided herein, the Chief of Police may cause the abandoned motor
vehicle, trailer, semi-trailer, mobile home, or parts thereof to be
removed to a suitable place of impoundment within five days of the
date of notice to remove said vehicle. The cost of such removal will
be charged to the owner of the vehicle or the owner of the property
from which it is removed and, if unpaid, shall be entered as a special
charge on the tax roll.
[Amended 12-20-2021 by Ord. No. 12-01-2021]
C.
Administrative review. Within five days of receipt of the notice
to remove the vehicle, a notified party may request a hearing before
the Village Clerk on the issue of whether the vehicle may be towed
by the Village.
D.
Disposition of impounded vehicles. Any motor vehicle, trailer, semi-trailer,
mobile home, or parts thereof, shall be impounded until lawfully claimed
or disposed of as provided in this section except if it is deemed
by a duly authorized Village representative that the cost of towing
and storage charges for the impoundment would exceed the value of
the property impounded, the property may be junked or sold by the
Village prior to expiration of the impoundment period upon determination
by the Chief of Police having jurisdiction that the property is not
stolen or otherwise wanted for evidence or any other reason. All substantially
complete vehicles in excess of 19 model years of age shall be disposed
of in accordance with § 342.40(3)(c), Wis. Stats.
E.
Cost. The owner of any abandoned motor vehicle, trailer, semi-trailer,
mobile home, or parts thereof, except stolen property, is responsible
for abandonment and all costs of impounding and disposing of the vehicle.
If the owner of any abandoned vehicle cannot be ascertained, the cost
of such removal will be charged to the owner of the property from
which such items are removed. Costs not recovered from the sale may
be recovered in a civil action by the Village against the owner of
the vehicle or placed on the tax roll as special assessment against
the property pursuant to Ch. 66, Wis. Stats.
