The title of this chapter is the "Town of Brooklyn Junk and Unlicensed Vehicle Ordinance." The purpose of this chapter is to regulate for public health and safety reasons junk and unlicensed vehicles.
[HISTORY: Adopted by the Town Board of the Town of Brooklyn 5-13-2014 by Ord. No. 2014-01. Amendments noted where applicable.]
The Town Board has the authority to adopt this chapter.
This chapter, adopted by a majority of the Town Board on a roll-call vote with a quorum present and voting and proper notice having been given, provides for the regulation of junk and unlicensed vehicles.
As used in this chapter, the following terms shall have the meanings indicated:
Any household or office device, instrument, utensil, apparatus, or machine that utilizes power, including, but not limited to, any stove, clothes washer or dryer, refrigerator, dish washer, freezer, water heater, water pump, furnace, television set, home entertainment device, computer or peripheral device, or other home or office electronic device.
Goods used or bought for use primarily in a business, including farming and a profession.
Scrap metal, metal alloy, wood, concrete, or synthetic or organic material or any junked, inoperative, unlicensed, or unregistered vehicle, structure, equipment, furniture, appliances, or machinery, or any part thereof. "Junk" includes refuse, used tires, parts of dismantled buildings, agricultural use equipment not in usable condition, parts of agricultural use equipment, and contaminated recyclable material.
Dismantled for parts or scrapped.
Parts from a junked vehicle.
Any place that is owned, maintained, operated, or used for storing, keeping, processing, buying, or selling junk. "Junkyard" includes sanitary landfills, refuse dumps, garbage dumps, automobile graveyards, scrap metal processors, auto-wrecking yards, salvage yards, auto-recycling yards, used auto parts yards, and places for temporary storage of automobile bodies or parts awaiting disposal as a normal part of a business operation when the business will continually have like materials located on the premises. "Junkyard" does not include places where litter, trash, and other debris are scattered along or upon a highway or temporary operations and outdoor storage of limited duration.
A structure or assemblage of parts that transmits forces, motion, or energy from one part to another in a predetermined way by electrical, mechanical, or chemical means. "Machinery" does not include a building.
Has the meaning given in § 218.0101(23), Wis. Stats.
Has the meaning given in § 218.20(1r), Wis. Stats.
In reference to "all-terrain vehicles" as defined in § 340.01(2g), Wis. Stats., "snowmobiles" as defined in § 340.01(58a), Wis. Stats., or "boats" as defined in § 29.001(16), Wis. Stats., means those that are required to, but do not have nor bear, required current and valid State of Wisconsin licenses or registrations.
A committee established by the Town Board to address and aid in regulation of those uses and activities that may cause public nuisance or public health and safety threats in the Town.
In reference to vehicles, mobile homes, or manufactured homes means those that are required to be licensed or registered for operation in the state, but do not have nor bear required current and valid State of Wisconsin licenses or registration.
Every device in, upon, or by which any person or property is or may be transported. "Vehicle" includes, but is not limited to, all of the following:
Aircraft, as defined in § 29.001(6), Wis. Stats.
"All-terrain vehicles" as defined in § 340.01(2g), Wis. Stats.
"Antique vehicles" as described in § 341.265, Wis. Stats.
"Automobiles" as defined in § 340.01(4), Wis. Stats.
"Boats" as defined in § 29.001(16), Wis. Stats.
"Camping trailers" as defined in § 340.01(6m), Wis. Stats.
"Farm equipment" as defined in § 100.47(1), Wis. Stats.
"Farm tractors" as defined in § 340.01(16), Wis. Stats.
"Hobbyist or homemade vehicles" as defined in § 341.268, Wis. Stats.
"Junk vehicles" as defined in § 340.01(25j), Wis. Stats.
"Implements of husbandry" as defined in § 340.01(24), Wis. Stats.
"Manufactured homes" as defined in § 101.91(2), Wis. Stats.
"Mobile homes" as defined in § 340.01(29), Wis. Stats.
"Mopeds" as defined in § 340.01(29m), Wis. Stats.
"Motor bicycles" as defined in § 340.01(30), Wis. Stats.
"Motor buses" as defined in § 340.01(31), Wis. Stats.
"Motor homes" as defined in § 340.01(33m), Wis. Stats.
"Motor trucks" as defined in § 340.01(34), Wis. Stats.
"Motorcycles" as defined in s. 340.01(32), Wis. Stats.
"Railroad trains" as defined in § 340.01(48), Wis. Stats.
"Recreational vehicles" as defined in § 340.01(48r), Wis. Stats.
"Road machinery" as defined in § 340.01(52), Wis. Stats.
"Road tractors" as defined in § 340.01(53), Wis. Stats.
"Salvage vehicles" as defined in § 340.01(55g), Wis. Stats.
"School buses" as defined in § 340.01(56), Wis. Stats.
"Semi trailers" as defined in § 340.01(57), Wis. Stats.
"Snowmobiles" as defined in § 340.01(58a), Wis. Stats.
"Special interest vehicles" as defined in § 341.266, Wis. Stats.
"Trailers" as defined in § 340.01(71), Wis. Stats.
"Truck tractors" as defined in § 340.01(73), Wis. Stats.
Unlicensed demolition vehicles and unlicensed racing vehicles.
Golf carts, garden tractors, riding lawn mowers, and other motorized tractors, motorized carts, and motorized utility vehicles that require no registration or licensure by the State of Wisconsin.
The following acts, uses, activities, things, occupations, places or physical conditions, not properly and timely removed after written notice to remove from the Town Board to any owner or occupant of the land where the act, use, activity, thing, occupation, place, or physical condition exists, is located or occurred, or to any person responsible for the creation, maintenance or providing of the act, use, activity, thing, occupation, place or physical condition, are specifically declared to be a public nuisance:
A.
Junked vehicle and junked part areas. Any place in the Town within 500 feet of the center line of any Town highway in the Town, or within 750 feet of the center line of any county trunk, state trunk or federal highway, where junked vehicles or junked vehicle parts are accumulated or stored, or any place in the Town where junked vehicles or junked vehicle parts are accumulated or stored outside of a building for a period exceeding 72 hours if upon public property or for a period exceeding 30 days if upon private property, except when exempt under the terms of another ordinance.
B.
Junkyard and junked vehicle, appliance and machinery areas. Any place in the Town where junked or abandoned vehicles, not otherwise subject to Subsection A or C, or junked or abandoned appliances, equipment or machinery are accumulated or stored for a period exceeding 72 hours if upon public property or for a period exceeding 30 days if upon private property, and any place otherwise within the definition of "junkyard" under this chapter that is not timely removed or discontinued after receipt of written notice to remove from the Town Board, unless exempt under § 129-7 of this chapter.
C.
Unlicensed or unregistered vehicle area. Any place in the Town where, for a period exceeding 30 days upon private property, a not registered, unlicensed or unregistered vehicle is parked, stored or otherwise kept outside a building without the written permission of the Town Board and is not timely removed or discontinued after receipt of written notice to remove from the Town Board, unless exempt under § 129-7 of this chapter.
No person shall leave unattended or stored any vehicle, regardless of the vehicle's physical condition, registration or license held, any appliance, equipment or machinery, or parts thereof, on any public street, public road, public highway or other public property in the Town, including the road right-of-way, for such time and under such circumstances as to cause the vehicle, appliance, equipment or machinery to reasonably appear to have been abandoned. When any vehicle, machinery, appliances or equipment has been left unattended, parked or stored on any public street, road, highway or other public property, including a road right-of-way, within the Town for a period of more than 72 hours, the vehicle, structure, machinery, appliances or equipment is presumed by the Town to be abandoned, and a public nuisance and may be removed in accordance with § 342.40, Wis. Stats., and the owner of the vehicle is subject to the imposition of forfeitures under § 129-10 of this chapter. This section does not apply to a railroad train stopped at a railway crossing as defined in § 340.01(47), Wis. Stats.
A.
Exemptions.
(1)
Any storage of junked vehicles or junked vehicle parts on private lands in the Town that is in conformity with local zoning and land use regulation, for which the owners, operators or persons otherwise responsible for the storage of the vehicles or parts have been issued a conditional use permit, is exempt from the provisions of § 129-5A applicable to storage of junked vehicles and junked vehicle parts. The exemption granted under this paragraph is strictly limited to the extent allowed by the conditional use permit.
(2)
Any operation of a junkyard on private lands in the Town that is in conformity with local zoning and land use regulation, for which the owners, operators or persons otherwise responsible for the operation of the junkyard have obtained all the proper and necessary federal, state, county, Town and extraterritorial municipal approvals, permits or licenses for the operation or have obtained licenses for operation of a junkyard on that privately owned premises under § 84.31, Wis. Stats., is exempt from the provisions of § 129-5B applicable to junked vehicles, junked machinery, junked appliances or junked equipment, and parts thereof. The exemption granted under this paragraph is strictly limited to the extent allowed by the approvals, permits or licenses.
(3)
Any commercial motor vehicle salvage or motor vehicle retail sales business on private lands in the Town that is in conformity with local zoning and land use regulation, for which the owners, operators or persons otherwise responsible for the conduct of the business hold a current motor vehicle salvage dealer license under § 218.205, Wis. Stats., authorizing storage uses, operations and activities at property locations in the Town, or hold a current motor vehicle dealer license under § 218.0114, Wis. Stats., for salvage, sale or storage operation and activities at a property location in the Town, and are actively engaged in the Town, as determined in writing by the Town Board, in the commercial motor vehicle salvage or motor vehicle retail sales business on property in the Town, is exempt from the provisions of § 129-5B applicable to junked vehicles, junked machinery, junked appliances or junked equipment, and parts thereof. The exemption granted under this paragraph is strictly limited to the extent allowed by the applicable license.
(4)
Any business engaged in the retail sales of manufactured homes, mobile homes, camper trailers or recreational vehicles on private lands in the Town that is in conformity with local zoning and land use regulation, for which the owners, operators or persons otherwise responsible for the conduct of the business hold a current and valid manufactured home dealers license under § 101.951, Wis. Stats., or a current and valid recreational vehicle dealers license under § 218.12, Wis. Stats., issued by the State of Wisconsin, and are actively engaged in the Town, as determined in writing by the Town Board, in the business of commercial retail sales of manufactured homes, mobile homes, camper trailers or recreational vehicles on property in the Town, is exempt from § 129-5B applicable to junked vehicles, junked machinery, junked appliances or junked equipment, and parts thereof. The exemption granted under this paragraph is strictly limited to the extent allowed by the applicable license.
(5)
Any parking, storage or other keeping outside of buildings in the Town of two or fewer unlicensed or unregistered vehicles or two or fewer boats, snowmobiles or all-terrain vehicles not registered with the State of Wisconsin, on private lands owned or leased by the owner or leaseholder of the vehicles that is in conformity with local zoning and land use regulation, even if the vehicles are not stored for purposes of sale or repair, is exempt from the provisions of § 129-5C relating to the keeping and storage of unlicensed or unregistered vehicles.
(6)
Any parking, storage or other keeping of any agricultural use vehicles in the open on private lands in the Town that is in conformity with local zoning and land use regulation by the owner or leaseholder of the land, if the vehicles are and can be used by the owner or leaseholder without repair for normal agricultural use in the Town, is exempt from the provisions of § 129-5B applicable to junked vehicles, junked machinery, junked appliances or junked equipment, and parts thereof. Notwithstanding anything contained in this paragraph, storage of inoperable junk or other unrepaired agricultural use vehicles on private property of any person for more than 30 days in the open shall be deemed a violation of § 129-5B, unless the storage is at a commercial implement repair location where the equipment or implements can and will be timely repaired and removed from the premises.
B.
Permits.
(1)
Upon proper and timely application by an owner or occupant of the premises in the Town to the Town Clerk for a permit, and after a public hearing held by the Town Board, the Town Board may permit on public or private lands in the Town, with or without conditions and restrictions: The storage in the open on private premises of vehicles, structures, machinery, appliances or equipment in the Town that are subject to § 129-5.
(2)
A permit under this Subsection B may be issued by the Town Board regardless of the ownership or possession rights to the vehicles, machinery, equipment or appliances to be stored or maintained.
(3)
The applicant shall be notified of the public hearing required under Subsection B(1) at least 20 days before the public hearing by the mailing by U.S. Mail of a first class notice letter to the last known address of the applicant noted on the application.
(4)
The permit shall be for a specific location, may be established for a term of months or years, and may be reissued upon application by the permit holder, if the permit holder is in full compliance with this chapter and with the permit conditions and restrictions as issued.
(5)
The conditions and restrictions, if any, in the permit established by the Town Board for any permitted storage or maintenance shall be reasonable restrictions and conditions to protect the public health, safety and welfare of persons within the Town and to limit or negate potential public nuisances caused by the permitted storage or maintenance. The conditions and restrictions shall be stated in writing and attached to the written permit upon issuance by the Town Board.
(6)
The owner or occupant of the permitted premises is responsible for compliance with the conditions and restrictions in the permit issued, regardless of whether the owner or occupant of the premises has any legal or equitable interest in the vehicles, machinery, appliances or equipment subject to the permit.
A.
Inspection of premises.
(1)
Whenever a complaint is made to the Town Board, Town Clerk, Town Chairperson or any appropriate Town committee or agent that a public nuisance under this chapter or a violation of a permit issued under this chapter exists within the Town, the Town Chairperson, Town committee, or other agents of the Town Board shall promptly inspect or cause to be inspected the premises complained of and shall make a written report of its findings to the Town Board, which report shall thereafter be filed with the Town Clerk and kept of record in the office of the Town Clerk. Whenever practicable, the Town Chairperson, Town committee, or other agents of the Town Board shall cause photographs to be made of the premises for inclusion in the written report to the Town Board.
(2)
If the person subject to complaint holds a current permit under this chapter or any Town building permit, under the Town's village powers under § 60.22, Wis. Stats., the Town Chairperson, the Town committee or other agents of the Town Board may immediately request the Town Board to hold a public hearing to consider suspension or revocation of the permit for refusal to comply with the permit conditions and this chapter. The Town Board shall hold a public hearing prior to taking any action to revoke or suspend a permit. The permit holder shall be notified of the public hearing at least 20 days before the public hearing by the mailing by U.S. Mail of a first class notice letter to the last known address of the permit holder noted on the permit or permit application.
(3)
The Town Board may, in the alternative to revocation, suspend any issued permit for a period up to six months. Any revocation shall be for a period in excess of six months, and no reapplication can be received or acted upon by the Town Board for the premises or for the owner or occupant of the premises for any activity, use or item prohibited by or requiring a permit under this chapter during the revocation period.
(4)
For any decision regarding the revocation or suspension of any permit, the Town Board shall determine and state the reason or reasons for any revocation, nonrevocation or suspension of the permit based on the lack of compliance with the permit conditions and this chapter by the permit holder or by any employees or agents of the permit holder. The reason or reasons for the decision shall be stated in writing and sent to the permit holder within 10 days after the decision by the Town Board by mailing by U.S. Mail of a first class letter to the last known address of the permit holder noted on the permit or permit application.
B.
Owner of premises responsibility. Any owner or occupant of land in the Town is responsible for compliance with this chapter on the owner's or occupant's land regardless of ownership of and responsibility for the uses, activities or things located on the land that are subject to this chapter.
C.
Summary abatement.
(1)
Notice to owner. If the Town Chairperson, Town committee or other agents of the Town Board determine, by written notice to the Town Board, that a public nuisance exists under this chapter within the Town on private or public land and that there is great, immediate and substantial danger or threat to the public health or safety, the Town Board, Town Chairperson, Town committee or other agents of the Town Board shall serve a written order upon the person who is causing, permitting or maintaining the public nuisance, and the owner or occupant of the premises where the public nuisance is caused, permitted or maintained. If immediate personal service cannot be made, one copy of the written notice shall be posted on the premises in a location likely to attract the attention of the owner or occupant of the premises or the person who is causing, permitting or maintaining the public nuisance, and one copy of the notice shall be served by mailing by U.S. Mail of a first class letter to the last known address for the owner or occupant of the premises. The order notice shall direct the owner or occupant to remove the public nuisance within 24 hours and shall state that unless the public nuisance is so timely abated, the Town may cause, due to the emergency conditions, the public nuisance to be abated and shall charge the costs of abatement to the owner, occupant or person causing, permitting or maintaining the public nuisance.
(2)
Abatement by Town. If the public nuisance is not abated within the time provided in the notice under Subsection C(1) or if the owner, occupant or person causing the public nuisance, if known, cannot be found, the Town Chairperson, the Town committee or other agents of the Town Board, with approval of the Town Board, shall cause the abatement or removal of the public nuisance by immediately seeking for the Town a court order that allows for the immediate enjoinment and abatement of the public nuisance.
D.
Abatement by court action. If the Town Board determines that a public nuisance exists on public or private premises but that the nature of the nuisance does not threaten great, immediate and substantial danger to the public health or safety, the Town Board shall file a written report or its resolution of its findings with the Town Clerk, who shall, after approval and filing of the report or resolution by the Town Board, take one or more of the following actions, as directed by the Town Board:
(1)
Issue and serve a written order to cease and desist the public nuisance upon the person causing, permitting or maintaining the public nuisance and the owner or occupant of the premises where the public nuisance is located.
(2)
Issue and serve a citation for violation of this chapter upon the person causing, permitting or maintaining the public nuisance and the owner or occupant of the premises where the public nuisance is located.
(3)
Cause the Town Attorney to draft a formal civil complaint to be filed and served upon the alleged violators based upon an alleged violation of this chapter or the conditions of any permit as issued or have drafted by the Town Attorney to be filed and served a formal complaint for abatement of the public nuisance under Ch. 823, Wis. Stats.
E.
Other methods not excluded. Nothing in this chapter may be construed as prohibiting the injunction and abatement of public nuisances against any person, including against a permit holder that holds a current and valid permit issued by the Town under this chapter, by the Town or its officials in accordance with the laws of the State of Wisconsin or this chapter.
In addition to any other penalty imposed by this chapter for the erection, contrivance, creation, continuance or maintenance of a public nuisance and violation of this chapter, the cost of abatement of any public nuisance by the Town may be collected under this chapter or § 823.06, Wis. Stats., as a debt or expense from the owner or occupant of the real property for causing, permitting or maintaining the public nuisance. If notice to abate the nuisance has been given to the owner or occupant previously, the cost of abatement may be assessed against the real property for services rendered and incurred by the Town to enjoin or abate the public nuisance as a special charge under § 66.0627, Wis. Stats., unless paid earlier. If any vehicle, structure, equipment or appliance is abandoned or remains unclaimed in violation of this chapter, the Town Board may proceed to declare this personal property abandoned and proceed to dispose of this personal property under § 66.0139, Wis. Stats., by public auction or other means as determined in writing by the Town Board.
A.
Penalties.
(1)
First offense. Any person who violates this chapter shall, upon conviction, forfeit not less than $20 nor more than $500 together with the costs of prosecution and, in default of payment of such forfeiture and costs of prosecution, shall be imprisoned in the county jail until the forfeiture and costs are paid, but not exceeding 90 days.
(2)
Second and subsequent offenses; penalty. Any person guilty of violating this chapter or any person who has previously been convicted of a violation of this chapter shall, upon conviction, forfeit not less than $100 nor more than $1,000 for each offense together with the costs of prosecution and, in default of payment of such forfeiture and costs of prosecution, shall be imprisoned in the county jail until the forfeiture and costs of prosecution are paid, but not exceeding six months.
B.
Separate violations. Each day of violation of this chapter constitutes a separate offense.
If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
This chapter is effective on publication or posting.