City of Two Rivers, WI
Manitowoc County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Two Rivers (Title 8, Ch. 4, of the 1981 Code). Amendments noted where applicable.]
Section 342.40, Wis. Stats., is hereby adopted and by reference made a part of this chapter as though fully set forth herein, to the extent this chapter has applicability to abandoned vehicles as referred to in that statute. Any act required to be performed or prohibited by the statutory provisions incorporated herein by reference are required or prohibited by this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
VEHICLE
Any machine propelled by power other than human power designed to travel along the ground by use of wheels, treads, runners or slides, and shall include, without limitation, automobiles, trucks, trailers, semitrailers, motorcycles, tractors, and other motor vehicles or vehicles as defined in § 340.01, Wis. Stats., as well as snowmobiles and mobile homes as defined in this Code, whether or not the vehicle is duly registered as appropriate with the State of Wisconsin.
No person shall keep any dismantled or partially dismantled, junked, wrecked, unregistered, unlicensed or inoperable vehicle on any privately owned premises in the City, or on any publicly owned premises within the City, including any street, highway or other roadway, for a period of time in excess of 72 hours. Any such vehicle shall constitute a public nuisance, and any owner or keeper of such vehicle shall be subject to a forfeiture as provided in this chapter. In addition, the vehicle may be impounded and sold as provided herein. A "junked vehicle" shall not include vehicles owned by a collector as defined in § 341.266(1)(a), Wis. Stats., duly stored on the collector's property as provided in § 341.266(4), Wis. Stats.
No person shall leave any vehicle unattended on any privately owned property or publicly owned property, including any street, highway or other roadway, for such time or under such circumstances as would cause the vehicle to reasonably appear to be abandoned. Except as otherwise provided herein or by other governing law, a vehicle shall be deemed abandoned if it has been left unattended without the permission of the owner of the property on which it is located, if private property, or on publicly owned property, including any street, highway or other roadway, only if it is left unattended at the same location in excess of 72 hours. Any such vehicle constitutes a public nuisance. Violation of this section shall subject the owner or keeper of such vehicle to a forfeiture as provided in this chapter. In addition, such vehicle may be impounded and sold as provided herein. Notwithstanding the foregoing to the contrary, a vehicle shall not be deemed abandoned if it is out of ordinary public view while situated on privately owned property.
A vehicle shall not be considered junked or abandoned as provided in this chapter if 1) it is kept in an enclosed building; 2) it is in an appropriate storage place or depository maintained in a lawful place and manner authorized by the City; 3) it is kept in connection with and in the ordinary course of business of an automotive sales or repair business enterprise located in a properly zoned area. In addition, a vehicle shall not be considered abandoned if it is validly parked in a metered or paid parking lot or parking space where the required fee has been paid.
[Amended at time of adoption of Code (see Title 1, General Provisions, Ch. 1-1, Art. III)]
Any junked or abandoned vehicle found to be in violation of this chapter may be impounded and disposed of as provided in § 342.40, Wis. Stats., and any other governing law. Notice shall be given by personal service or certified mail, return receipt requested. Except in the case of stolen vehicles, any cost incurred in the removal and sale of such vehicle shall be recovered from the owner of the vehicle. If the owner cannot be located after reasonable effort, the cost of removal and sale shall be charged to the property from which the vehicle is removed, and such charges may be entered as a special charge on the tax roll. Any person who received a notice of vehicle impoundment and objects to all or any part thereof may appeal to the City Manager within five days of receipt of the notice of vehicle impoundment and the City Manager shall hear such appeal within 30 days of receipt of written notice of the appeal. After such hearing, the City Manager may reverse, affirm, or modify the order or determination appealed from, and the grounds for his decision shall be stated in writing. The City Manager shall, by certified letter, notify the party appealing the order or determination of his/her decision within 10 days after the hearing has been concluded and file the written decision with the City Clerk. The notice of impoundment shall include a notice describing the right of appeal to the City Manager as described herein. No action to impound or sell a vehicle shall be taken if appeal is made as provided in this section until such time as a decision is made by the City Manager. The City elects not to be governed by Ch. 68, Wis. Stats., as to this appeal. Vehicle may be disposed of after 10 days in storage pursuant to § 342.40, Wis. Stats.
[Amended at time of adoption of Code (see Title 1, General Provisions, Ch. 1-1, Art. III)]
Any person violating or failing to comply with any of the provisions of this chapter shall be liable for forfeiture in an amount not less than $5 nor more than $500. Each day such violation is committed or permitted to continue shall constitute a separate offense.