[HISTORY: Adopted by the Village Board of Trustees 10-4-1993 (Sec. 10-5-8 of the 1993 Code
of Ordinances), as amended through 2-17-2015. Subsequent amendments noted where applicable.]
No disassembled, inoperable, unlicensed, junked or wrecked motor
vehicles, truck bodies, tractors, trailers, farm machinery, vehicle
parts or tires, or appliances shall be stored upon private residential
property or unenclosed within a building upon nonresidential property
within the Village of Spencer for a period exceeding 10 days unless
it is in connection with an authorized business enterprise located
in a properly zoned area maintained in such a manner as to not constitute
a public nuisance. No private residence zoned R1, R2, R3 shall have
more than two unenclosed, operable, properly licensed motor vehicle
per each validly licensed driver officially residing at that premises.
The total number of unenclosed vehicles per residence shall not exceed
five vehicles for more than 10 consecutive days.
As used in this chapter, the following terms shall have the
meanings indicated:
Motor vehicles, recreational vehicles, truck bodies, tractors,
farm machinery or trailers in such state of physical or mechanical
ruin as to be incapable of propulsion, being operated upon the public
streets or highways or which is otherwise not in safe or legal condition
for operation on public streets or highways due to missing or inoperative
parts, flat or removed tires, expired or missing license plates or
other defects. The motor vehicle is incapable of immediate propulsion
upon request by a police officer.
Any stove, washer, refrigerator or other appliance which
is no longer operable in the sense for which it was manufactured.
As defined in § 340.01(35), Wis. Stats.
Motor vehicles, truck bodies, tractors, recreational vehicles
or trailers which do not bear lawful current license plates.
This chapter shall not apply to any motor vehicle or motor vehicle
accessories stored within an enclosed building or on the premises
of a business enterprise operated in a lawful place and manner in
a properly zoned area when necessary to the operation of such business
enterprise, in a storage place or depository maintained in a lawful
place and manner, or seasonal use vehicles such as snowmobiles, motorcycles,
motor scooters and nonmotorized campers, provided such vehicles are
stored in compliance with the ordinances of the Village. Also excepted
are motor vehicles registered pursuant to §§ 341.265
and 341.266, Wis. Stats. In other situations, the Village Board may
issue temporary permits permitting an extension of not to exceed an
additional 30 days' time to comply with this section where exceptional
facts and circumstances warrant such extension. Temporary permission
to exceed these limits can be made by the Police Department on a case-by-case
basis.
A.
Whenever the Village Board, its authorized designee, or a law enforcement
officer, shall find any vehicles, vehicle parts or tires, or appliances,
as described herein, placed or stored in the open upon private property
within the Village, it shall notify the owner of said property on
which said vehicle or appliance is stored of the violation of this
section. If said vehicles, part thereof or appliance is not removed
within five days, the Village Board, its authorized designee, or a
law enforcement officer, shall cause to be issued a citation to the
property owner or tenant of the property upon which said vehicle or
appliance is stored.
B.
If such vehicle or appliance is not removed within 20 days after issuance of a citation, the Village Board, its authorized designee, or a law enforcement officer shall cause the vehicle or appliance to be removed and impounded, and it shall thereafter be disposed of as prescribed in §§ 446-3 through 446-6[1] by the Village Board, its authorized designee, or a law
enforcement officer. Any cost incurred in the removal and sale of
said vehicle or appliance shall be recovered from the owner. However,
if the owner of the vehicle or appliance cannot readily be found,
the cost of such removal shall be charged to the property from which
it is removed, which charges shall be entered as a special charge
on the tax roll.
Any person who shall interfere with the enforcement of any of the provisions of this section and shall be found guilty thereof shall be subject to a penalty as provided in § 1-3. Each motor vehicle or appliance involved shall constitute a separate offense.
