[Adopted 12-10-2007 by Ord. No. 1-2007]
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 Holland 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 Holland 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 article, 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 article, 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 article 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 article shall be removed and impounded until lawfully claimed or disposed of under the provisions of § 318-11.
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 Holland 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 Holland; 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 article
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 article
and any other provisions of this Code, this article shall control.
