For the purpose of this chapter, the following
definitions shall be applicable:
ABANDONED MOTOR VEHICLE
A motor vehicle which, through disuse and failure to be used,
remains in one location for a period of 30 consecutive days or more;
a motor vehicle which has been reported as stolen to any law enforcement
agency; or a motor vehicle which does not have affixed thereto a current
motor vehicle license.
DISCARDED MOTOR VEHICLE
A motor vehicle placed upon public or private property without
the permission or knowledge of the owner of said property, and a motor
vehicle the ownership of which the real estate owner is unaware.
DISMANTLED MOTOR VEHICLES
Any motor vehicle which has parts, accessories or equipment
removed therefrom so that it cannot be operated legally upon any highway.
EQUIPMENT
Any part of a motor vehicle or any accessories for use thereon
which affect the safety or operation of such motor vehicle, or the
safety of the occupants therein.
JUNK
Old iron, chain, brass, copper, tin, lead, other base metals,
trailers, farm machinery and equipment or any parts thereof to be
junked or demolished, taken apart or destroyed for salvage materials,
paper, wastepaper, used lumber or building material, paper clippings,
rags, rubber, glass or bottles, and all articles and things discarded
as manufactured articles composed of or consisting of any one or more
of the articles mentioned, including industrial metal or scrap or
other material commonly included within the term "junk."
JUNKED MOTOR VEHICLES
Any motor vehicle which has been wrecked or damaged in such
a manner that it cannot safely or legally be operated.
MOTOR VEHICLE
A vehicle which is designed for operation on land, which
is self-propelled and can be used for transporting people or materials,
and including, but not limited to, automobiles, trucks, busses, motorized
campers, motor vehicles, motorcycles, motor scooters and tractors.
NONOPERABLE MOTOR VEHICLE
A motor vehicle, parts of which have been removed from the
motor vehicle rendering the same incapable of being safely or legally
operated.
PERSON
Any individual, firm, partnership, corporation or association.
PRIVATE PROPERTY
Any real property not owned by the federal government, state
government, City of New Berlin or other political subdivision.
REMOVAL
The physical relocation of a motor vehicle, and/or accessories
or equipment.
TRASH
Any rubbish, ashes, paper, dirt, discarded stones or bricks,
tin cans, boxes, barrels, discarded wood and lumber, brush and any
form of discarded vegetation, foundry sand and industrial waste of
any kind or description.
WRECKED MOTOR VEHICLE
Any motor vehicle which has been damaged by collision either
with a motor vehicle or stationary object and parts of which are bent,
broken or unattached so that it is rendered incapable of being safely
or legally operated.
[Amended 6-19-2001 by Ord. No. 2142]
Any person owning or having possession of any
dismantled or partially dismantled or abandoned, junked, or wrecked,
nonoperable or discarded motor vehicle or motor vehicle equipment
or accessories shall not store or permit to be stored any such dismantled,
partially dismantled, abandoned, junked, wrecked, nonoperable or discarded
motor vehicle or any such equipment or accessories on any private,
public, or municipal property in the City of New Berlin for a period
of more than 30 consecutive days, unless it is in connection with
the operation of a junkyard, and no person owning any private property
in the city, as determined from the tax assessment records of the
city, shall store or permit to be stored or to remain any such vehicles
or accessories on such private property for more than 30 consecutive
days. Such storage is hereby declared to be a public nuisance and
may be abated or removed and penalties imposed as provided by this
Code.
This chapter shall not apply to the following:
A. Automobile sales or repair enterprises operated in
a properly zoned area for such enterprises and provided that inside
storage is provided for such motor vehicles.
B. Vehicles kept or stored on private property in a garage or other accessory building which conforms to Chapter
275, Zoning.
[Amended 6-19-2001 by Ord. No. 2142]
No person shall accumulate or store or permit the accumulation or storage of any junk or trash upon any property in the city, unless it is in connection with the operation of a junkyard or the operation of a landfill as is authorized by Chapter
220, Solid Waste, Article
III, Landfills, of this Code.
Except as otherwise provided, any person who shall violate any provision of this chapter or permit or cause a public nuisance shall be subject to a penalty as provided in Chapter
1, General Provisions, §
1-18 of this Code.
[Added 4-28-2015 by Ord.
No. 2542]
Those motor vehicles which are towed at the direction of the
City and which are being stored by the City shall be subject to the
provisions of this section. At such time as the City of New Berlin
allows for the release of the vehicle for return to its owner, the
City shall send a notice to the owner of the vehicle, by certified
mail, advising said owner that his or her vehicle has been released
for pickup, and that he or she may contact the Police Department to
make arrangements to do so. In the event that such notice is issued
and the owner of the vehicle fails to pick up the vehicle within seven
days of the owner’s receipt of said notice, the owner shall
be charged a fee of $10 per day, or such portion of a day that elapses
thereafter until the vehicle is picked up, which fee shall be paid
before the vehicle may be released to the owner. In the event the
owner fails to pick up the vehicle within 30 days of the date of the
notice provided for hereunder, the vehicle shall be considered abandoned
and the provisions of this chapter referring to abandoned vehicles
shall apply.