Chapter 10.24
JUNKED OR ABANDONED VEHICLES
Sections:
10.24.010 Definitions.
10.24.020 Accumulation or storage—Permit required.
10.24.030 Unattended vehicles on public highway or street.
10.24.040 Nuisance declared.
10.24.050 Notification to remove.
10.24.060 Removal by city.
10.24.070 Disposal of impounded vehicles.
10.24.080 Violations—Penalties.
10.24.010 Definitions.
As used in this chapter:
“Abandoned vehicle” means and includes any vehicle that has been allowed to remain on any alley, street, highway, public place or private property in the city without the owner’s permission for more than forty-eight (48) hours, except that the time limit shall be ten days relative to vehicles left on private property which is open to the public.
“Junked vehicle” means and includes any motor vehicles, truck bodies, tractors or trailers in such state of physical or mechanical condition as to be incapable of propulsion or of being operated upon the public streets or highways including, but not limited to, wrecked, disassembled, inoperable, or disabled vehicles. Junked vehicle shall also include, by rebuttable presumption, a vehicle whose registration is expired and has been so expired for a period of more than sixty (60) days.
“Vehicle” means and includes any motor vehicle, trailer, semi-trailer, or mobilehome as defined in Section 340.01 of the Wisconsin Statutes. Additionally, “vehicle” means any automobile, automobile part, all-terrain vehicle, snowmobile, motorhome, bus, motorcycle, van or other device designed for travel. (Ord. 1545 § 1 (part), 1996: prior code 9.39(1))
10.24.020 Accumulation or storage—Permit required.
No person shall accumulate or store any junked or abandoned vehicles or parts thereof outside any building or on any real estate without a permit issued by the city pursuant to Wisconsin Statute Section 175.25. This section shall not apply to vehicles kept in an appropriate storage place or depository maintained in a lawful place and manner for or by the city. In no event may any accumulation or storage be allowed within seven hundred fifty (750) feet of the center line of a State trunk or Federal Highway. (Ord. 1545 § 1 (part), 1996: prior code 9.39(2))
10.24.030 Unattended vehicles on public highway or street.
No person shall leave unattended any vehicle on any public highway or street within the city for such a time and under such circumstances as to cause the vehicle to reasonably appear to have been abandoned. (Ord. 1545 § 1 (part), 1996: prior code 9.39(3))
10.24.040 Nuisance declared.
Any vehicle which is abandoned or junked as defined by this chapter is declared to be a public nuisance and may be abated as hereinafter provided. (Ord. 1545 § 1 (part), 1996: prior code 9.39(4))
10.24.050 Notification to remove.
No person owning, having custody of, or on whose property is located any junked vehicle, shall allow such junked vehicle to remain on the premises longer than ten days after notification by the inspection services department or the police department. This section shall not apply to a vehicle in an enclosed building nor to a business premises operated in a lawful place and manner when necessary to the operation of such business and the keeping of such vehicles is in an orderly and safe manner as approved by the plan commission, nor to premises holding a permit under Section 10.24.020. (Ord. 2138-08 § 1, 2008: Ord. 1545 § 1 (part), 1996: prior code 9.39(5))
10.24.060 Removal by city.
A. Subject to Wisconsin Statute Section 349.13 (3m), the chief of police or his designee is authorized to remove or have removed any vehicle left on any public or private property within the city, without the permission of the owner, which reasonably appears to be in violation of Section 10.24.040, or to be lost, stolen, unclaimed, or which presents an immediate hazard or obstruction. Such vehicle shall be impounded until lawfully claimed or disposed of in accordance with Section 342.40, Wisconsin Statutes. The chief of police is authorized to establish reasonable storage charges for vehicles which are impounded.
B. The chief of police or any member of his department designated by him is authorized to initiate legal or equitable action to cause the removal of any vehicle left on private property. (Ord. 1545 § 1 (part), 1996: prior code 9.39(6, 7))
10.24.070 Disposal of impounded vehicles.
A. Any vehicle impounded under this chapter shall be disposed of by sealed bid or auction sale as deemed appropriate in the given instance by the chief of police or his designee, which individual shall act as the duly authorized representative of the city for statutory purposes. Such sale shall conform to the provisions of Section 342.40, Wisconsin Statutes.
B. If it is determined by the chief of police or his designee that the cost and towing charges for the impoundment would exceed the value of the vehicle, the vehicle may be junked or sold to a licensed dealer prior to the expiration of the impoundment period, upon determination that the vehicle is not stolen or otherwise wanted for evidence or other reason.
C. Any vehicle which is impounded and not disposed of under subsection B of this section shall be retained in storage for a minimum period of twenty (20) days after certified notice has been sent to the owner and lien holders of record to permit reclamation of the vehicle after payment of accrued charges, such charges to include but not be limited to towing, storage and notice charges. Such notice shall set forth the year, make, model and serial number of the vehicle, if possible; the place where the vehicle is being held; and shall inform the owner and lien holders of their right to reclaim the vehicle. The notice shall state that the failure of the owner or lien holders to exercise their rights to reclaim their vehicle under this chapter shall be deemed a waiver of all right, title and interest in the vehicle and a consent to the sale of the vehicle. Each vehicle not reclaimed by the owner or lien holder may be sold.
D. The owner of a junked or abandoned vehicle, except a stolen vehicle, is responsible for the junking or abandonment and all costs of impounding and disposing of the vehicle. Costs not recovered from the sale of the vehicle may be recovered in a civil action by the municipality against the owner. Such costs shall be in addition to the forfeiture provided for violation of this chapter.
E. Within five days after the sale or disposal of a vehicle the city shall advise the Wisconsin Department of Transportation, Division of Motor Vehicles, of such sale or disposition of a form supplied by the Division. A copy of such form shall also be given to the purchaser of the vehicle. (Ord. 1545 § 1 (part), 1996: prior code 9.39(8))
10.24.080 Violations—Penalties.
Any person violating this chapter, shall be fined in accordance with the penalty provisions of Chapter 1.12. In default of payment of forfeiture and costs of prosecution, the violator shall be imprisoned in the county jail until such forfeitures and costs are paid, but not to exceed thirty days. Each day a violation of this chapter continues shall constitute a separate offense. (Amended during 8-98 supplement; Ord. 1545 § 1 (part), 1996: prior code 9.39(9))