[HISTORY: Adopted by the Village Board of the Village of Mazomanie 6-28-1988
as §§ 8-4-1 to 8-4-7 of the 1988 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 Mazomanie
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 Mazomanie 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.
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 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.
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 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.
(2)
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 the Chief of Police.
D.
Exceptions. This section shall not apply to a vehicle
in an enclosed building, or to a vehicle stored on a premises licensed for
storage of junk or junked vehicles, 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 § 381-3.
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 Village 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 Police Chief 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 the Police Chief 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 Motor Vehicle Division, except that if the Police
Chief 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
Motor Vehicle Division, 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 the Police Chief or
his designee to prove an ownership or secured party interest in said vehicle.[1]
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 Motor
Vehicle Division, if any, that the vehicle has been deemed abandoned and impounded
by the Village; 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 it is determined
that 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.[2]
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. 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 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.
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 the Code, this chapter shall control.
