[HISTORY: Adopted by the Town Board of the Town of Lake Tomahawk
at time of adoption of Code (see Ch. 1, General Provisions, Art.
II). Amendments noted where applicable.]
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 Town of Lake Tomahawk 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
Town of Lake Tomahawk 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 72 hours, the vehicle shall be deemed abandoned and
constitutes a public nuisance.
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 travel.
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.
For purposes of this chapter, the following irrebuttable presumptions
shall apply:
A.
A vehicle shall be presumed unattended if it is found
in the same position 72 hours after issuance of a traffic ticket or citation
and if such traffic ticket or citation remains placed upon the windshield
during said 72 hours.
B.
Any vehicle left unattended for more than 72 hours on
any public street or public ground or left unattended for more than 72 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 or if designated as not abandoned by Town law enforcement officers.
This chapter shall not apply to a vehicle in an enclosed building, a
vehicle stored on a premises licensed for storage of junk or junked vehicles,
or 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 § 346-6.
The provisions of this section shall apply to the removal, storage,
notice, reclaiming or disposal of abandoned vehicles.
A.
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 Town of Lake Tomahawk 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 Town Clerk or his designee of the abandonment and of the location
of the impounded vehicle.
B.
Storage and reclaiming. Any abandoned vehicle which is
determined by Town law enforcement officers 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 Town
law enforcement officers determine 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. 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 Town
law enforcement officers to prove an ownership or secured party interest in
said vehicle.
C.
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, that the vehicle has been deemed abandoned and
impounded by the Town of Lake Tomahawk; the determined value of the abandoned
vehicle or if the cost of towing and storage charges will exceed the determined
value of the vehicle; 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 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 Town 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. Class 1 notice, including the
description of the vehicle, 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 Town Clerk 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.
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 Town against the owner.
B.
Payment of removal and impoundment costs is not required
when the vehicle has been impounded for purposes of a law enforcement investigation.
In the event of any conflict between this chapter and any other provisions
of this Code, this chapter shall control.
Any person who shall interfere with the enforcement of any of the provisions of this chapter and shall be found guilty thereof may be subject to a penalty as provided in § 1-4 of this Code. Each motor vehicle involved shall constitute a separate offense.
