[HISTORY: Adopted by the Village Board of the Village of
Winneconne as Title 10, Ch. 5, of the 2012 compilation of ordinances,
as amended through 5-22-2013.
Subsequent 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
Winneconne 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 Winneconne or upon private or public property without
the permission of the property owner or other person charged with
the lawful jurisdiction thereof, 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 after issuance of a traffic ticket or citation and if such
traffic ticket or citation remains placed upon the windshield during
subsequent checks.
(2)
Any vehicle left unattended on any public street or public ground
for an extended period of time or left unattended 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 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 § 497-3.
A.
Applicability. The provisions of this section shall apply to the removal, storage, notice, reclaiming or disposal of abandoned vehicles as defined in § 497-1.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Removal. 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 Winneconne which has
been abandoned shall cause the vehicle to be removed to a suitable
place of impoundment.
C.
Storage and reclaiming. Any abandoned vehicle which is determined
by a Village 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 a Village 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 48 hours 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 a 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 a Village law enforcement officer to prove
an ownership or secured party interest in said vehicle.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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 Winneconne;
(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 within 14 days of the notice under § 497-3D 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 vehicles, 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, a Village 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 to the Village. The Village 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 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 section and any other
provisions of this Municipal Code, this chapter shall control.
A.
Storage of automobiles and other debris restricted.
(1)
No disassembled, inoperable, unlicensed, junked or wrecked motor
vehicles, truck bodies, tractors, trailers, farm machinery, appliances,
household furnishings, abandoned mobile home or trailer, miscellaneous
junk or appliances, junk, or construction debris shall be stored unenclosed
upon private residential property within the Village of Winneconne
or if it is in connection with an authorized business enterprise maintained
in such a manner as to not constitute a public nuisance and in compliance
with Village zoning regulations; outside storage on a commercial or
industrial property shall be enclosed by a fence or other enclosure
of a design approved by the Village Board.
(2)
Any business engaged in automotive sales or repair located in a properly
zoned district may retain no more than five disassembled or wrecked
vehicles in the open for a period not to exceed 30 days, after which
such vehicles shall be removed.
B.
ABANDONED HOME OR TRAILER
DISASSEMBLED, INOPERABLE, JUNKED OR WRECKED MOTOR VEHICLES,
TRUCK BODIES, TRACTORS, TRAILERS
ENCLOSURE
INOPERABLE APPLIANCE
JUNK
MOTOR VEHICLE
OWNER
REPAIR WORK
STREET REPAIRS
TEMPORARY REPAIR WORK
UNLICENSED MOTOR VEHICLES, TRUCK BODIES, TRACTORS OR TRAILERS
Definitions. As used in this section:
One which has not been used or occupied, or which due to
dilapidated condition cannot be occupied in a healthful manner, within
the past 365 days.
Motor vehicles, recreational vehicles (boats, campers, snowmobiles, all-terrain vehicles, etc.), truck bodies, tractors, farm machinery or trailers, and other items listed in Subsection A, or defined in this subsection, in such state of physical or mechanical ruin as to be incapable of propulsion, being operated upon the public streets or highways or which is otherwise not in safe or legal condition for operation on public streets or highways due to missing or inoperative parts, flat or removed tires, expired or missing license plates or other defects. For purposes of this section, may also be referred to as "nuisance motor vehicles."
Type of construction required to hide and harbor vehicles
from public view, excluding tarps. The Village Board shall have sole
authority to determine the adequacy of enclosures required under this
chapter, which may be a structure, fence, vegetative screening, or
other type of acceptable enclosure.
Any stove, washer, refrigerator or other appliance which
is no longer operable in the sense for which it was manufactured.
Worn out or discarded material of little or no value, including,
but not limited to, household appliances or parts thereof, tools,
discarded building materials or any other unsightly debris, the accumulation
of which has an adverse effect upon the neighborhood or Village property
values, health, safety or general welfare.
As defined in § 340.01(35), Wis. Stats. Additionally,
"motor vehicle" means any automobile, automobile part, all-terrain
vehicle, snowmobile, motor home, bus, motorcycle, van or other device
designed for travel.
Considered to the person(s) who occupies the premises and
who may or may not be the responsible person(s) harboring such unlicensed
motor vehicle.
Includes mechanical, electrical and body work, maintenance,
construction, reconstruction, assembly, disassembly, restoration,
painting, upholstering or any similar or related work performed on
any motor vehicle.
"Temporary repair work" performed on a motor vehicle in a
manner and place which will not create a danger or hazard to vehicular
or pedestrian traffic.
Repair work which is performed within 24 hours of motor vehicle
becoming unexpectedly unroadworthy on a street, highway or thoroughfare,
which work will make or attempts to make said motor vehicle roadworthy.
Motor vehicles, truck bodies, tractors, recreational vehicles
or trailers which do not bear lawful current license plates.
C.
Exceptions.
(1)
This section shall not apply to:
(a)
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, in such a manner
as to not constitute a nuisance, when necessary to the operation of
such business enterprise, in an enclosed storage place or depository
maintained in a lawful place and manner.
(c)
Any business engaged in the sale, repair or storage of such
unlicensed vehicles in a properly zoned district may store such vehicles.
The Village Board may determine the necessity of such storage and
may impose limitations or require fencing or other type of approved
enclosure of such nonresidential properties.
(2)
In other situations, the Village Board may issue a one-time temporary
permit 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.
Vehicle repair work — limitations. "Repair work" of vehicles
may only be performed upon observance of the following conditions
and restrictions:
(1)
"Repair work" upon residentially zoned private property cannot be
performed for financial gain or profit obtained through fees, barter,
charges or appreciation in the value of a motor vehicle purchased
for the purpose of resale. "Repair work" upon other than residentially
zoned property shall be in accordance with the Village zoning ordinances
and in compliance with the applicable state and Village ordinances,
rules and regulations, licenses and permits.
(2)
Except for authorized street repairs, "repair work" which renders
a motor vehicle inoperable for a period of more than three days shall
only be performed in a garage, shed or enclosed structure, or, in
the case of a nonresidential property, in a fenced area which fully
screens repair work from the view of the owners, users and occupiers
of abutting and neighboring properties and from the view of passersby
using public thoroughfares, streets and highways.
(3)
"Street repairs" may be performed only within the scope of the definition
thereof.
E.
Enforcement.
(1)
Whenever a Village law enforcement officer shall find any vehicles
or appliances, as described herein, placed or stored in the open upon
private property within the Village, he/she shall notify the owner
of said property on which said vehicle or appliance is stored of the
violation of this section. If said vehicles or appliance is not removed
within five days, a Village law enforcement officer 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 15 days after issuance of a citation, a Village law enforcement officer shall cause the vehicle or appliance to be removed and impounded, and it shall thereafter be disposed of as prescribed in §§ 497-3 through 497-6 by a Village law enforcement officer. 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.
