[HISTORY: Adopted by the Town Board of the
Town of Ledgeview 2-18-2009 by Ord. No. 2009-003.[1] Amendments noted where applicable.]
[1]
This ordinance also repealed former Ch. 121,
Vehicles, Junked, adopted 7-22-1957, as amended.
The purpose of the chapter is to authorize the
Town of Ledgeview to regulate and to prohibit junked motor vehicles
on the public grounds and on private property. Pursuant to that authorization,
the Town Board finds that such chapter, restraint, prohibition is
necessary and desirable to promote or enhance the:
A.
Quality of urban attractiveness and the aesthetic
appearance of the Town.
B.
Protection of property values throughout the Town.
C.
Preservation of the livability and the attractiveness
of neighborhoods.
D.
Promotion of tourism, conventions and other opportunities
for economic development of the Town.
E.
Attractiveness of the Town thoroughfares and commercial
roads which present the primary, public visibility to visitors and
to passersby of the Town.
F.
Promotion of the comfort, happiness and emotional
stability of the occupants of the property in the vicinity of junked
motor vehicles.
A.
In determining whether a vehicle constitutes a junked
motor vehicle, the Town of Ledgeview Zoning Administrator or his appointed
designee, in applying the specific criteria in the definition of the
term "junked motor vehicle," shall take into consideration, but not
limited to, whether the tires, wheels and other essential parts of
the vehicle are present for the operation of the vehicle, flat tires,
removed parts, the condition of the exterior or any other specific
evidence that would support a finding that the vehicle violates this
section.
[Amended 5-17-2022 by Ord. No. 2022-10]
B.
This section shall not apply to a vehicle in an enclosed
building; a vehicle on the premises of a lawfully operated business
enterprise involving the sale, dismantling, repair, or restoration
of such vehicles; a vehicle in an appropriate storage place or depository
maintained in a lawful place and manner by or on behalf of the Town;
nor to a dismantled, nonoperating vehicle which is licensed as an
antique or collector's auto and which is actively being restored.
The following words, terms and phrases, and
their directive, when used in this chapter, shall have the meaning
ascribed to them in this section, except where the context clearly
indicates a different meaning:
A vehicle that is left:
Any motor vehicle on private or public property that is declared
to be a health or safety hazard by the Town of Ledgeview Zoning Administrator
or his or her appointed designee or member of the staff when the vehicle
is found to be:
[Amended 5-17-2022 by Ord. No. 2022-10]
A breeding ground or harbor for mosquitoes or
other insects, snakes, rats, or other pests;
A point of weed growth and/or other vegetation
over 12 inches in height;
A point of collection for pools or ponds of
water;
A point of concentration of gasoline, oil or
flammable or explosive materials;
So located that there is a danger of the vehicle
falling or turning over;
A place in which debris, bottles or other solid
waste is discarded and is present within the vehicle;
A source of danger for persons through entrapment
in areas of confinement that cannot be opened from the inside or from
exposed surfaces of metal, glass or other rigid materials; or
The creation of another similar condition or
circumstance which exposes the general public to safety or health
hazards.
A vehicle that does not display a current and valid license
plate lawfully upon that vehicle and that:
A self-propelled device used or intended to be used for the
transportation of freight or passengers upon a street or highway or
while attached to any self-propelled device.
An individual, firm, partnership, association, corporation,
governmental agency, or combination thereof, holding and presenting
the legal certificate of title to the particular vehicle.
[Amended 12-16-2014 by Ord. No. 2014-023]
It shall be unlawful for any person to leave a vehicle:
A.
On any public street or highway longer than 72 hours.
B.
On property owned or operated by the Town for longer than 24 hours.
C.
On private property without the consent of the owner, occupant or
lessee thereof for longer than two hours.
D.
Parking of a vehicle that leaks gas, oil, or other fluids, on public
or private property.
E.
Parking on sidewalk or sidewalk area. Crosswalks and sidewalks must
be unobstructed by parked vehicles.
[Amended 8-2-2010 by Ord. No. 2010-09]
It shall be unlawful for the owner of a motor vehicle or the owner, lessee or occupant of real property upon which the motor vehicle is located to leave or allow to remain on the property any motor vehicle which is an abandoned, junked or hazardous motor vehicle unless pursuant to a valid license issued pursuant to § 175.25, Wis. Stats. Violation of this section is hereby determined to be a public nuisance subject to abatement under § 68-4 of this Code.
No person shall leave any partially dismantled,
nonoperating, nonregistered, wrecked, or junked vehicle on any street
or highway within the Town or on any public property within the Town.
A.
Overnight parking.
[Amended 3-3-2014 by Ord. No. 2014-001]
(1)
Residents and visitors are not allowed to park on
the streets of the Town of Ledgeview between the hours of 2:00 a.m.
and 6:00 a.m., during the five-month period from November 1 through
April 1 of the following year.
B.
Stopping, standing or parking outside of business
or residence districts.
(1)
No person shall park, stop or leave standing any vehicle,
whether attended or unattended, upon the roadway of any highway outside
a business or residence district when it is practical to park, stop
or leave such vehicle standing off the roadway, but even the parking,
stopping or standing of a vehicle off the roadway of such highway
is unlawful unless the following requirements are met:
(a)
An unobstructed width upon the roadway of such
highway must be left opposite such standing vehicle for the free passage
of other vehicles.
(b)
Such standing vehicle must be capable of being
seen by operators of other vehicles from a distance of 500 feet in
each direction along such highway.
(c)
Vehicles parking on the side of the roadway
shall remain on the hardened surface or shoulder area adjacent to
the roadway.
(d)
Parking does not interfere with or block snow removal equipment
during snow days.
[Added 3-3-2014 by Ord. No. 2014-001]
(2)
This section also applies to vehicles or equipment
used in highway maintenance or construction work unless the nature
of the work is such as to require the stopping or standing of the
vehicle or equipment on the roadway.
(a)
Parking during construction or event shall be
on the side of roadway consistent with the flow of traffic. If the
residence or business area contains mailboxes only on one side of
the roadway, construction vehicle(s) shall park on the roadway opposite
the mailboxes.
C.
Bicycle lanes. It is unlawful for any person to operate,
drive, park or leave standing any motor vehicle in or upon any of
the bicycle lanes designated or established in the Town of Ledgeview.
D.
Roundabouts.
No person shall park, stop or leave standing any vehicle, trailer
or equipment, whether attended or unattended, on a roundabout.
[Added 4-17-2012 by Ord. No. 2012-005]
(1)
This
subsection does not apply to vehicles, trailers or equipment used
in highway maintenance for construction work service or public works
service if the nature of the work is such as to require the stopping
or standing of the vehicle, trailer or equipment on the roundabout.
(2)
This
subsection does not apply to vehicles, trailers or equipment used
to maintain the roundabout to include landscaping or lawn service
if the nature of the work is such as to require the stopping of the
vehicle, trailer or equipment on the roundabout.
A.
Any person violating any of the provisions of this chapter shall, upon conviction thereof, pay a forfeiture in accordance with § 1-16, Fee and forfeiture schedule of this Code, together with the costs of prosecution for each violation. In default of payment of such forfeiture and costs, such person shall be imprisoned in the county jail until payment of said forfeiture and costs of prosecution is made. Confinement to the county jail shall not exceed 30 days for each offense. Beginning with the notification, each day a violation exists shall constitute a separate offense.
B.
This section shall not preclude the Town of Ledgeview
from maintaining any appropriate action to prevent or remove a violation
of this chapter.
C.
Authority
to tow. Pursuant to § 349.13(3) and (3m), Wis. Stats., whenever
the Town Code Enforcement Officer finds a vehicle standing upon a
highway in violation of a prohibition, limitation or restriction on
stopping, standing or parking imposed under Ch. 346, Wis. Stats.,
or this chapter, or a disabled vehicle that obstructs the roadway
or a freeway as defined by § 346.57(1)(ag), Wis. Stats.,
the Town Code Enforcement Officer is authorized to move the vehicle
or to require the operator in charge thereof to move the vehicle to
a position where parking is permitted or to either private or public
parking or storage premises. The removal may be performed by, or under
the direction of, the Town Code Enforcement Officer or pursuant to
contract approved by the Town Board.
[Added 6-22-2010 by Ord. No. 2010-006]
