[HISTORY: Adopted by the Town Board of the Town of Addison
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-21-2015 by Ord. No. 2015-02]
[Amended 12-17-2020 by Ord. No. 2020-06]
In order to promote the public safety, health, welfare and enjoyment
of public travel, to preserve and enhance the scenic beauty of lands
bordering public highways, and to promote prosperity, economic well-being
and the general welfare of the Town of Addison, it is hereby declared
to be in the public interest to regulate and restrict the storage
and parking of accumulated junk, motor vehicles, waste tires, appliances
and parts thereof that constitute a public nuisance. This article
is not intended to create undue hardship to any area within the Town.
[Amended 12-17-2020 by Ord. No. 2020-06]
No person, firm, or corporation shall park, store, leave, or permit the parking or storing of accumulated junk, waste tires, inoperable motor vehicles, appliances or parts thereof of any kind which are in an abandoned, wrecked, dismantled, partially dismantled, rusted, or inoperative condition or which are not currently registered or licensed to the owner or occupant or family member of the owner of property within the Town contrary to the declaration of purpose in § 277-1.
Terms used in this article are defined as follows:
A collection or increase in quantity or number that creates
an unsightly heap or mass contrary to the declaration of purpose as
stated in this article or that constitutes a junkyard.
Any stove, washer, dryer, refrigerator or other appliance
which is no longer operable in the sense for which it was manufactured.
An establishment or property which is maintained, used, or
operated for storing, keeping, buying or selling wrecked, scrapped,
ruined, or dismantled motor vehicles or motor vehicle parts. Ten or
more such vehicles constitute an automobile graveyard.
To strip of equipment or to take apart.
A junkyard which is established, expanded, or maintained
in violation of Town of Addison ordinances and is not in strict conformity
with § 175.25(2), (3), (4) and (5), Wis. Stats.
In such a state of physical or mechanical ruin as to be incapable
of propulsion, or which is otherwise not in safe or legal condition
for operation due to missing parts, or is not currently registered
or licensed for operation on public highways.
Any old scrap metal, iron, alloy, synthetic material or any
junked, ruined, dismantled, inoperable, or wrecked motor vehicle,
machinery or parts thereof.
Any place which is owned, operated, or used for storing,
keeping, processing, buying or selling junk, including automobile
graveyards, scrap metal processors, auto wrecking, auto recycling,
salvage yards, used parts yards and temporary storage of motor vehicle
bodies or parts waiting disposal.
Any vehicle which is self-propelled by a combustion engine
or motor.
A collection of 25 or more tires on a residential property
that are no longer suitable for their original purpose due to wear,
damage, or defect.
[Added 12-17-2020 by Ord. No. 2020-06]
This article shall not apply to:
A.
Any vehicle enclosed within a building on private property, provided
that such storage does not constitute a fire or safety hazard.
B.
Any vehicle, equipment or appliance within a building or screened
fence at least six feet in height.
C.
Any vehicle, equipment, or appliance kept in connection with a business
enterprise properly operated in full compliance with ordinances of
the Town of Addison and maintained in such a way as not to constitute
a public nuisance.
D.
Any motor vehicle in operable condition specifically adapted or designed
for operation on drag strips or raceways not exceeding one vehicle
per parcel.
E.
Any currently registered vehicle which is in the process of being
repaired by its owner or a family member on property of the owner
or occupant, provided that the time for such outdoor repair shall
not exceed 30 days.
F.
Situations where the Town Board issues temporary permits with a possible
thirty-day extension to comply with this article where exceptional
facts and circumstances warrant such extension.
G.
Any retail
business premises where tires are sold if no more than 500 waste tires
are kept on the premises at one time.
[Added 12-17-2020 by Ord. No. 2020-06]
H.
Any waste
tires being used for agricultural purposes including but not limited
to holding down covers over hay or straw are exempt.
[Added 12-17-2020 by Ord. No. 2020-06]
A.
Whenever the Town Board, Building Inspector, or any law enforcement
agency designated by the Town Board shall find probable cause as to
violations described herein upon private property within the Town,
the owner and/or occupant of said property on which violations are
apparent shall be notified of such violations of this article.
B.
If such violations are not abated within 20 days from the date of
notice, this may be cause to be issued a citation to the property
owner and/or the occupant of said property.
C.
The Town shall have any and all other remedies afforded by the Wisconsin
state statutes for removal and to bring into compliance said properties
found to be in violation of this article, in addition to the forfeitures
and cost of prosecution (§§ 66.0139 and 175.25, Wis.
Stats.).
D.
Any costs incurred under provisions provided in Subsection C above by the Town shall be recovered from the owner and/or occupant. However, if the owner of any vehicle, appliance, waste tires, or accumulation of junk 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, pursuant to § 66.0627, Wis. Stats.
[Amended 12-17-2020 by Ord. No. 2020-06]
E.
Each day that an accumulation of vehicles, appliances, waste tires
or junk as herein defined shall be parked or stored contrary to the
provisions hereof shall constitute a separate and distinct offense.
[Amended 12-17-2020 by Ord. No. 2020-06]
F.
Any vehicles permitted to be parked or stored under this article
may also be required to comply with the Town Zoning Code and any required
screening.
Any person who shall interfere with the enforcement of any of the provisions of this article and shall be found guilty thereof shall be subject to a penalty as provided in § 1-1 of this Code. Each motor vehicle or appliance involved shall constitute a separate offense.