No person shall abandon or leave any vehicle upon any public
or private property for such time and under such circumstances as
to cause such vehicle to become a nuisance.
(Ord. 409, 7-2-1979)
For the purposes of this chapter, any one of the following circumstances
existing prior to, or at the time notice is delivered, shall be considered
prima facie evidence that a vehicle upon public or private property
is an abandoned vehicle constituting a nuisance.
A.
Deflated
or Removed Tires: When any of the four tires of the main wheels of
such vehicle have been removed or are deflated other than for repair.
B.
Main Wheels
Removed: When any of the main wheels of the vehicle have been removed,
other than for repair.
C.
Suspended
by Jacks, Blocks or Other Devices: When such vehicle is totally or
partially suspended above the ground by jacks, blocks or any other
lifting devices, other than for repair.
D.
Current
License Plates or Permits not Displayed—Exception: When current
license plates or valid temporary permits are not displayed on such
vehicle; provided, that this shall not apply to vehicles in the possession
of licensed dealers for the purpose of sale at the place licensed
for such sale.
E.
Vehicle
Inoperable: When any part of the mechanism of the vehicle has been
removed so as to render the vehicle inoperable, other than for repair.
(Ord. 409, 7-2-1979)
A.
Notice:
No person in charge or control of any public or private property whether
as owner, tenant, occupant, lessee, contract purchaser or otherwise,
shall allow any abandoned vehicle which constitutes a nuisance to
remain on such property longer than 10 days after having received
written notice to remove same from the municipality. Notice shall
be deemed delivered when deposited in the United States mail, by registered
or certified mail, with postage prepaid, and addressed to the owner
or occupant of the premises upon which such vehicle rests.
B.
Failure
to Comply: Upon the failure of the person in charge or control of
such property to remove the vehicle within the allotted time, the
municipality may abate the vehicle as a nuisance and collect the costs
of such removal in the same manner as provided for the abatement of
nuisances generally.
(Ord. 409, 7-2-1979)
A.
Ownership
Undeterminable: When any vehicle in the town is determined to be abandoned
as provided in this chapter, or when any bicycle or motorcycle is
left on the streets or alleys of the town and the owner or owners
cannot be ascertained, the chief of police shall sell the vehicle
and contents, if any, bicycle or motorcycle at public auction to the
highest bidder.
B.
Notice
of Sale: If such property has a value of less than $200, no notice
of such sale shall be necessary. If it has a retail value of more
than $200, notice of said sale shall be published once in the Basin
Republican Rustler newspaper, giving a full description of the article
of sale.
C.
Proceeds
of Sale: All expenses incident to the sale and storage of such property
shall be first paid from the receipts from such sale, and any residue
shall be paid by the chief of police to the town clerk-treasurer for
credit to the general fund. After any vehicle, bicycle or motorcycle
has been sold under this section, the former owner or person entitled
to possession has no further right, title, claim or interest in or
to the article so sold.
D.
Proceeds
Insufficient to Cover Costs: In the event the reasonable expenses
incident to the sale and storage of such article so sold cannot be
paid from the receipts of sale, such expenses shall be paid from the
general fund of the town.
E.
Certificate
of Sale: When any vehicle is sold, the chief of police, at the time
of payment of the purchase price, shall execute a certificate of sale
in duplicate. The original certificate of sale shall be delivered
to the purchaser and the copy shall be retained by the chief of police.
The certificate of sale shall contain the name and address of the
purchaser, the date of the sale, the consideration paid, a description
of the vehicle and a stipulation that no warranty is made as to the
condition or title of the vehicle. The purchaser, upon presentation
of the certificate of sale to the county clerk of any one of the counties
of Wyoming, and payment of the fees required by law, is entitled to
be issued a certificate of title and a registration card for the vehicle.
F.
Return
of Sale: The chief of police selling the vehicle shall transmit to
the town clerk-treasurer, in duplicate, a return of sale setting forth
a description of the vehicle, the purchase price, the name and address
of the purchaser, the costs incurred in the sale and the costs and
expenses incurred in the removal, preservation and custody of the
vehicle.
G.
Balance
of Proceeds: The chief of police shall transmit to the town clerk-treasurer
the balance of the proceeds of the sale after deducting the costs
incurred in the sale and the costs and expenses incurred in the removal,
preservation and custody of the vehicle.
H.
Suit for
Recovery: If any vehicle is removed from any highway or public or
private property as provided herein, the owner of such vehicle shall
not be permitted to institute, in any court, a suit in law or equity
against any police officer or his/her agents for the recovery of any
item in or on said vehicle that may be lost, stolen or damaged resulting
therefrom.
(Ord. 414, 1-7-1980)
A.
Misdemeanor:
It is a misdemeanor for any person to violate or fail to comply with
any of the provisions of this chapter.
(Ord. 409, 7-2-1979; 2003 Code)
