[HISTORY: Adopted by the Village Board of the Village of Orfordville 3-31-1992
as §§ 10-5-1 to 10-5-7 of the 1992 Code. Amendments noted where
applicable.]
A.
Abandonment of vehicles prohibited. No person shall leave
unattended any motor vehicle, trailer, semitrailer or mobile home on any public
street or highway or private or public property in the Village of Orfordville
for such time and under such circumstances as to cause the vehicle to reasonably
appear to have been abandoned. Whenever any such vehicle has been left unattended
on any street or highway in the Village of Orfordville or upon private or
public property without the permission of the property owner or other person
charged with the lawful jurisdiction thereof for more than 48 hours, the vehicle
shall be deemed abandoned and constitutes a public nuisance.
B.
STREET
UNATTENDED
VEHICLE
Definitions. For purposes of this chapter, the following
definitions shall be applicable:
Any public highway or alley and shall mean the entire width between
the boundary lines of any public way where any part thereof is open to the
public for purposes of vehicular traffic.
Unmoved from its location with no obvious sign of continuous human
use.
A motor vehicle, trailer, semitrailer or mobile home, whether or
not such vehicle is registered under Wisconsin law.
C.
Presumptions. For purposes of this section, the following
irrebuttable presumptions shall apply:
(1)
A vehicle shall be presumed unattended if it is found
in the same position 48 hours after issuance of a traffic ticket or citation
and if such traffic ticket or citation remains placed upon the windshield
during said 48 hours.
(2)
Any vehicle left unattended for more than 48 hours on
any public street or public ground or left unattended for more than 48 hours
on private property without the consent of the property owner is deemed abandoned
and constitutes a nuisance, provided that the vehicle shall not be deemed
abandoned under this subsection if left unattended on private property outside
of public view and enclosed within a building, or if designated as not abandoned
by the Chief of Police.
D.
Exceptions. This section shall not apply to a vehicle
in an enclosed building or a vehicle stored on a premises licensed for storage
of junk or junked vehicles and fully in compliance with Village zoning regulations,
or to a vehicle parked in a paid parking lot or space where the required fee
has been paid.
Any vehicle in violation of this chapter shall be removed and impounded until lawfully claimed or disposed of under the provisions of § 301-3.
A.
Applicability. The provisions of this section shall apply to the removal, storage, notice, reclaimer or disposal of abandoned vehicles as defined in § 301-1.
B.
Removal.
(1)
Any police officer who discovers any motor vehicle, trailer,
semitrailer or mobile home on any public street or highway or private or public
property in the Village of Orfordville which has been abandoned shall cause
the vehicle to be removed to a suitable place of impoundment.
(2)
Upon removal of the vehicle, the police officer shall
notify the Chief of Police or his designee of the abandonment and of the location
of the impounded vehicle.
C.
Storage and reclaimer. Any abandoned vehicle which is
determined by the Chief of Police or his designee to be abandoned shall be
retained in storage for a period of 14 days after certified mail notice, as
hereinafter provided, has been sent to the Wisconsin titled owner and/or secured
party of record with the Wisconsin Division of Motor Vehicles, except that
if the Chief of Police or his designee determines an abandoned vehicle to
have a value of less than $100, or that the cost of towing and storage charges
for impoundment will exceed the value of the vehicle, it may be junked or
sold by direct sale to a licensed salvage dealer after having been retained
in storage for a period of 10 days and after certified mail notice, as hereinafter
provided, has been sent to the Wisconsin titled owner or secured party of
record with the Wisconsin Division of Motor Vehicles, provided that it is
first determined that the vehicle is not reported stolen or wanted for evidence
or other reason. All substantially complete vehicles in excess of 19 model
years of age shall be deemed as a having value in excess of $100. Any such
vehicle which may be lawfully reclaimed may be released upon the payment of
all accrued charges, including towing, storage and notice charges, and upon
presentation of the vehicle title or other satisfactory evidence to the Chief
of Police or his designee to prove an ownership or secured party interest
in said vehicle.[1]
D.
Notice to owner or secured party. Certified mail notice,
as referred to herein, shall notify the Wisconsin titled owner of the abandoned
vehicle, if any, and/or the secured party of record with the Wisconsin Division
of Motor Vehicles, if any, of the following:
(1)
That the vehicle has been deemed abandoned and impounded
by the Village of Orfordville;
(2)
The determined value of the abandoned vehicle;
(3)
If the towing and storage costs will exceed the determined
value of the vehicle;
(4)
That if the vehicle is not wanted for evidence or other
reason, the vehicle may be reclaimed upon the payment of all accrued charges,
including towing, storage and notice charges, within 14 days of the date of
notice, unless the vehicle has been determined to have a value less than $100
or the cost of towing and storage charges for impoundment will exceed the
value of the vehicle, in which case the vehicle may be reclaimed within 10
days upon the payment of the aforesaid charges; and[2]
(5)
That the owner or aforesaid secured party may, upon request,
be granted a hearing relating to the determinations made with respect to said
vehicle within the period that such vehicle may be reclaimed.
Any abandoned vehicle impounded by the Village which has not been reclaimed
or junked or sold by direct sale to a licensed salvage dealer pursuant to
the provisions of this chapter may be sold by public auction sale or public
sale calling for the receipt of sealed bids. A Class 1 notice, including the
description of the vehicles, the name(s) and address(es) of the Wisconsin
titled owner and secured party of record, if known, and the time of sale shall
be published before the sale.
Within five days after the direct sale or disposal of a vehicle as provided
for herein, the Chief of Police or his designee shall advise the State of
Wisconsin Department of Transportation, Division of Motor Vehicles, of such
sale or disposal on a form supplied by said Division. A copy of the form shall
be given to the purchaser of the vehicle enabling the purchaser to obtain
a regular certificate of title for the vehicle. The purchaser shall have 10
days to remove the vehicle from the storage area but shall pay a reasonable
storage fee established by the Village for each day the vehicle remains 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 sold again. Any listing
of vehicles to be sold by the Village shall be made available to any interested
person or organization who or which makes a written request for such list
to the Police Department. The Police Department may charge a reasonable fee
for the list.
A.
The owner of any abandoned vehicle, except a stolen vehicle,
is responsible for the abandonment and all costs of impounding and disposing
of the vehicle. Costs not covered from the sale of the vehicle may be recovered
in a civil action by the Village against the owner.
B.
Payment of removal and impoundment costs is not required
when the vehicle has been impounded for purposes of law enforcement investigation.
In the event of any conflict between this chapter and any other provisions
of this Code, this chapter shall control.
