[HISTORY: Adopted by the Village Board of the Village of
Birnamwood 8-1-2011 by Ord. No.
11-08-01. Amendments noted where applicable.]
The intent of this chapter is to address the issue of abandoned/unregistered/unlicensed
vehicles within the Village limits
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. No person shall visibly display
any vehicle that is unregistered or unlicensed within the Village.
As used in this chapter, the following terms shall have the
meanings indicated:
Every device in, upon, or by which any person or property is
or may be transported.
"Vehicle" includes aircraft, all-terrain vehicles, antique vehicles,
automobiles, boats, camping trailers, farm equipment, farm tractors,
hobbyist or homemade vehicles, junk vehicles, mobile homes, mopeds,
motor bicycles, motor buses, motor homes, motor trucks, motorcycles,
snowmobiles, recreational vehicles, school buses, and trailers.
Any vehicle left unattended for more than 48 hours on any public
street or grounds, or on private property where parking is prohibited,
limited or restricted, without the permission of the owner or lessee,
is deemed "abandoned" and constitutes a public nuisance, provided
that the vehicle shall not be deemed "abandoned" under this chapter
if left unattended on private property out of public view by permission
of the owner or lessee.
This chapter shall not apply to a vehicle in an enclosed building
or a vehicle in an appropriate storage place or depository maintained
in a lawful place and manner authorized by the Village.
Any vehicle found abandoned in violation of this chapter shall
be impounded by any police officer until lawfully claimed or disposed
of as provided in this chapter. If the police officer determines that
towing costs and storage charges for 10 days, as provided in Subsection
A below, would exceed the value of the vehicle, the vehicle may be
junked or sold prior to the expiration of the impoundment period upon
determination by the police officer 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 Subsection C below.
A.
Minimum impound period. The minimum period of impoundment or storage
of a vehicle found in violation of this chapter shall be 10 days.
B.
Notice to owner. The police officer removing or causing the removal
of any vehicle found in violation of this chapter shall immediately
notify the County Sheriff of the abandonment and location of the impounded
vehicle and shall, within 10 days thereafter, notify the owner and
lienholders of record, by certified mail, of the impoundment and of
their right to reclaim the vehicle. The notice shall set forth the
information contained in § 342.40(3), Wis. Stats., and shall
state that the failure of the owner or lienholder to exercise their
right to reclaim the vehicle shall be deemed a waiver of all right,
title and interest in the vehicle and a consent to sale of the vehicle.
C.
Sale. 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.
D.
Sale to bar claims against vehicle. 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.
E.
Purchaser to remove vehicle. The purchaser of any vehicle on sealed bid or auction sale under Subsection C above shall have 10 days to remove the vehicle from the storage area upon payment of a storage fee of the actual cost of commercial storage for each day 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.
F.
Request for list. Any listing of vehicles to be sold pursuant to
this chapter shall be made available by the Clerk-Treasurer to any
interested person or organization who makes a request therefor.
G.
Notice to Department. Within five days after the sale or disposition
of a vehicle under this chapter, the Clerk-Treasurer shall advise
the Wisconsin Department of Transportation of such sale or disposition
on a form supplied by the Department.
H.
Owner may file claim. 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 the sale was not the result
of the neglect or fault of claimant. If the Board is satisfied as
to 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 a result of the sale of such motor vehicle nor the amount of interest
of the claimant therein.
I.
Exemption. Any owner or person operating a registered vehicle which shall become disabled or inoperative for any reason and who shall be unable to cause removal of such vehicle from any alley, street, highway or public place not otherwise regulated as a restricted parking, stopping or standing zone shall, within 24 hours of such occurrence, notify the Police Department of the location of the vehicle and shall transfer and deliver clear title for said vehicle to the Village together with a fee for the cost of towing and junking charges and shall be exempt from the provisions of this chapter. When so requested by the owner or person in charge of a vehicle, the County Sheriff shall be authorized to order such vehicle removed and junked directly from the scene of disablement by the contractor engaged by the Village for towing of disabled vehicles. The provisions of Subsection E above shall apply to any vehicle removed under this subsection.
This chapter is effective on publication or posting.
