Village of Wild Rose, WI Chapter 8-4 Abandoned and Junked Vehicles

[HISTORY: Adopted by the Board of Trustees of the Village of Wild Rose. Amendments noted where applicable.]

§ 8-4-1 Violations.

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 reasonable appear to have been abandoned. Whenever 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.

§ 8-4-2 Removal and impoundment of vehicles.

Any vehicle in violation of this chapter shall be removed and impounded until lawfully claimed or disposed of under the provisions of § 8-4-3.

§ 8-4-3 Removal, storage, notice or reclaimer of abandoned vehicles.

The provisions of this section shall apply to the removal, storage, notice, reclaimed 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 or his/her designee of the abandonment and of the location of the impounded vehicle.

B. Storage and reclaimer. Any abandoned vehicle which is determined by 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 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.

§ 8-4-4 Disposal of abandoned vehicles.

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 the chapter may be sold by public auction sale or public sale, calling for the receipt of sealed bids. A Class I 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.

§ 8-4-5 Report of sale or disposal.

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.

§ 8-4-6 Owner responsible for impoundment and disposal 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. Costs not covered from the sale of the vehicle may be recovered in a civil action by the Village against the owner.

§ 8-4-7 Conflict with other provisions.

In the event of any conflict between this chapter and any other provisions of this Code, this chapter shall control.

§ 8-4-8 Junked vehicles and appliances on private property.

A. Storage of automobiles restricted.

(1) No dismantled, inoperable, unlicensed, junked or wrecked motor vehicle shall be stored or allowed to remain in the open upon public or private property within the Village for longer than 72 hours, unless in connection with an automotive sale or repair business located in a properly zoned area.

(2) Any business engaged in automotive sale or repair may retain such vehicle in the open, on private property, for a period not to exceed three months, after which such vehicles must be enclosed by a screening or live planting to be approved by the Village Board.

B. Definitions.

(1) The terms "disassembled, inoperable, junked or wrecked vehicles, truck bodies, tractors, trailers," as used in this section, are defined as follows: motor vehicles, truck bodies, tractors, or trailers in such state of physical or mechanical ruin as to be incapable of propulsion or being operated upon the public streets or highways.

(2) The term "unlicensed motor vehicles, truck bodies, tractors or trailers," as used in this chapter, is defined as follows: motor vehicles, truck bodies, tractors or trailers which do not bear lawful current license plates.

(3) The term "motor vehicle" is defined in § 340.01(35), Wis. Stats.

(4) The term "inoperable appliance" is defined as any stove, washer or refrigerator which is no longer operable in the sense for which it was manufactured.

C. Exceptions. This section 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, 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. Other exceptions are motor vehicles registered pursuant to § 341.265 and § 341.266, Wis. Stats. In other situations, the Chief of Police may issue permits allowing an extension, not to exceed an additional 30 days' time, to comply with this section where exceptional facts and circumstances warrant such extension.

D. Enforcement.

(1) Whenever the Police Department shall find any vehicles or appliances as described herein placed or stored in the open upon private property within the Village, they shall notify the owner of said property on which said vehicle or appliance is stored of the violation of this chapter. If said vehicle or appliance is not removed within five days, the Police Department 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 20 days after issuance of a citation, the Chief of Police shall cause the vehicle or appliance to be removed and impounded and it shall thereafter be disposed of as prescribed in §§ 8-4-3 through 8-4-6 by the Chief of Police or his/her duly authorized representative. 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.

E. Penalty. Any person who shall interfere with the enforcement of any of the provisions of this chapter, and shall be found guilty thereof, shall be subject to a penalty as provided in § 1-1-8, or as determined by the Municipal Judge. Each motor vehicle or appliance involved shall constitute a separate office.

[Amended at time of adoption of Code (see Ch. 1-2, Adoption of Code)]