Section
342-1 shall not apply to a motor vehicle in an appropriate storage place or depository maintained in a lawful place and manner authorized by this Municipal Code.
As used in this chapter, the following terms shall have the
meanings indicated:
VEHICLE or MOTOR VEHICLE
A motor vehicle, motor truck, automobile, motorcycle, motor
bus, station wagon, truck tractor or semi-trailer, but does not mean
a motor home, trailer or snowmobile, whether or not the vehicle or
motor vehicle is registered under Ch. 341, Wis. Stats.
No person shall abandon any vehicle unattended within the Village
for such time and under such circumstances as to cause the vehicle
to reasonably appear to be abandoned.
Any vehicle found in violation of this chapter shall be impounded by the Police Department until lawfully claimed or disposed of as provided in this chapter. Notwithstanding §
342-7 hereof, if the Chief of Police or his authorized representative determines that towing costs and storage charges for the 10 days would exceed the value of the vehicle, the vehicle may be junked or sold prior to the expiration of the minimum 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 or sealed bid in accordance with §
342-9 of this chapter.
The minimum period of impoundment or storage of a vehicle found
in violation of this chapter shall be 10 days.
Each retained vehicle not reclaimed by the owner or lienholder
may be disposed of by sealed bid or auction sale as provided in § 342.40(3),
Wis. Stats.
The sale of a motor vehicle under the provisions of this chapter
shall forever bar all prior claims thereto and interest therein, except
as hereinafter provided.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The purchaser of any vehicle on sealed bid or auction sale under §
342-9 shall have 10 days to remove the vehicle from the storage area upon payment of a storage fee for each day, as provided in the Village Fee Schedule, 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 at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Any listing of vehicles to be sold pursuant to this chapter
shall be made available by the Village Clerk to any interested person
or organization who makes a written request therefor for a fee as
provided in the Village Fee Schedule.
Within five days after sale or disposition of a vehicle under
this chapter, the Clerk shall advise the Wisconsin Department of Transportation
of such sale or disposition on a form supplied by the Department.
At any time within two years after the sale of a motor vehicle
as provided herein, any person claiming ownership of such motor vehicle
or a financial interest therein may present a claim to the Village
Board setting forth such facts as are necessary to establish such
ownership or interest and that the failure of the claimant to reclaim
the vehicle prior to sale was not the result of the neglect or fault
of claimant. If the Village is satisfied as the justice of such claim,
it may allow the same, but in no case shall the amount allowed exceed
the sum paid into the Village treasury as the result of the sale of
such motor vehicle nor the amount of interest of the claimant therein.
Any person who shall be in violation of this chapter shall,
upon conviction thereof, forfeit not less than $10 nor more than $100,
together with the costs of prosecution, and in default of payment
shall be imprisoned in the county jail until such forfeiture and costs
are paid, but not to exceed 10 days.