[HISTORY: Adopted by the Village Board of the Village of Webster 3-13-1986
as Title 8, Ch. 4 of the 1986 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 Webster
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 Webster 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
irrebutable 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 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 § 281-3.
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 of Webster 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.
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 seven days and after certified mail notice, as hereinafter priced, 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.
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 of Webster; 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 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 seven 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 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 Municipal Code, this chapter shall control.
A.
Storage of automobiles restricted.
(1)
No disassembled, inoperable, unlicensed, junked or wrecked
motor vehicles, truck bodies, tractors, trailers, farm machinery or appliances
shall be stored or allowed to remain in the open upon private property within
the village for a period exceeding 10 days unless it is in connection with
a properly licensed automotive or appliance sales, repair or storage business
enterprise located in a properly zoned area.
(2)
Any business engaged in automotive sales or repair may
retain such vehicles in the open, on private property, for a period not to
exceed three months, after which such vehicles must be enclosed by a screening
or live planting to be approved by the Village Board.
B.
DISASSEMBLED, INOPERABLE, JUNKED OR WRECKED MOTOR VEHICLES, TRUCK BODIES,
TRACTORS OR TRAILERS
INOPERABLE APPLIANCE
MOTOR VEHICLE
UNLICENSED MOTOR VEHICLES, TRUCK BODIES, TRACTORS OR TRAILERS -
Definitions. As used in this section, the following terms
shall have the meanings indicated:
Motor vehicles, truck bodies, tractors, farm machinery or trailers
in such state of physical or mechanical ruin as to be incapable of propulsion
or being operated upon the public streets or highways or which are 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.
Any stove, washer or refrigerator which is no longer operable in
the sense for which it was manufactured.
Is defined in § 340.01(35), Wis. Stats.
Motor vehicles, truck bodies, tractors or trailers which do not bear
lawful current license plates.
C.
Exceptions. This section 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
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 rear yard areas. Such business
enterprises shall include auto junk yards and auto repair and body shops but
shall not include automobile service stations or tire, battery and accessory
sales stores, except those service stations which operate a duly licensed
wrecker service. Also excepted are motor vehicles registered pursuant to §§ 341.265
and 341.266, Wis. Stats. In other situations the Chief of Police may issue
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.
D.
Enforcement.
(1)
Whenever the Chief of Police shall find any vehicles
or appliances, as described herein, placed or stored in the open upon private
property within the village, he shall notify the owner of said property on
which said vehicle or appliance is stored of the violation of this section.
If said vehicle or appliance is not removed within five days, the Chief of
Police shall cause to be issued a citation to the property owner or tenant
of the property upon which said vehicle or appliance is stored.
(2)
If such vehicle or appliance is not removed within 20 days after issuance of a citation, the Chief of Police shall cause the vehicle or appliance to be removed and impounded and it shall thereafter be disposed of as prescribed in §§ 281-3 through 281-6 by the Chief of Police or his duly authorized representative. 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.
