[HISTORY: Adopted by the Village Board of the Village of
Grafton as Title 10, Ch. 10.48, of the 1979 Code; amended in its entirety
by Ord. No. 002, Series 1999. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Includes mobile home, moped, motor bicycle, motor bus, motorcycle, motor trucks, or motor vehicles, as defined in Ch. 340, Wis. Stats.
Includes any inoperable, unlicensed, disassembled, or wrecked
vehicle. Included are vehicles on any public street or highway for
a period of 48 hours or more without the Village's consent. Vehicles
that are located on private property for such time and under such
circumstances as to cause a reasonable person to believe that they
are abandoned are deemed abandoned.
It shall be unlawful for any person, party, firm or corporation
to keep, place or store any "nuisance motor vehicle" upon any public
thoroughfare, street or highway, or upon any private or public property
within the Village in a manner inconsistent with this chapter.
Nuisance motor vehicles may be kept, placed or stored outside
of a garage or enclosed structure in conjunction with an authorized
and licensed auto sales, repair or salvage business. Also included
are vehicles located on private property enclosed completely in a
building or other storage place or if covered completely by a car
cover or tarpaulin.
A.Â
Authority to tow. Subject to the procedures hereinafter set forth,
nuisance motor vehicles may be towed and stored by the Police Department
at the cost and expense of the owner. Unclaimed towed vehicles may
be disposed of by either the Police Department or towing contractors
through means and procedures authorized by state law.
B.Â
Notice of intent to tow on private property. The owner of a nuisance
motor vehicle which is upon private property shall be notified of
a violation of this chapter and provided 10 calendar days to repair,
assemble, make the vehicle operable and roadworthy, and license any
vehicle which was unlicensed, or transport the vehicle to a garage
or enclosed structure, or place such vehicle within an authorized
and licensed sales, repair or salvage business.
C.Â
Notice of intent to tow on public property. The owner of a nuisance
motor vehicle which is upon public property shall be notified of the
ordinance violation and shall be provided with 24 hours to repair,
assemble, make the vehicle operable and roadworthy and license any
vehicle which was previously unlicensed, or transport the vehicle
to an authorized and licensed sales, repair or salvage business.
D.Â
Service of notice of intent to tow.. If the owner of a nuisance motor
vehicle can be reasonably determined, notification of the ordinance
violation and the intent to tow shall be made by personal service,
registered or certified mail with return receipt, and in addition,
a stick-on or otherwise waterproofed and fastened notice of intent
to tow shall be posted on the nuisance motor vehicle in a conspicuous
place. Notice shall be deemed adequate in the event that personal
service or return receipt from registered or certified mail has not
been returned.
E.Â
Other ordinances and laws. A nuisance motor vehicle may be towed
under authority of any other ordinance or law pursuant to procedures
therein specified where a tow is authorized by another ordinance or
law for reason other than a violation of this chapter.
F.Â
Notice of tow, impoundment, and storage. When a nuisance motor vehicle
is towed, and the owner and owner's address of the towed vehicle is
known or reasonably ascertainable to the person who authorized the
tow, said owner shall be provided notice, either personally or by
regular mail, that the vehicle has been towed to either a certain
towing contractor, to a certain location or to the Police Department's
impound lot. The owner shall be provided with the towing contractor's
phone number and advised that the vehicle should be claimed therefrom,
upon payment of the appropriate towing and storage charges, as soon
as possible, for daily storage charges are accumulating. This notice
shall also indicate that the vehicle may be disposed of by the towing
contractor or the Police Department to recoup such charges, in a manner
and through a procedure authorized by state law.
G.Â
Disposal of unclaimed vehicles. At any time prior to the sale of
impounded motor vehicles as herein provided, any person establishing
his ownership or right of possession to such vehicle may reclaim and
obtain possession of the same by paying all outstanding towing and
impound lot charges as set by the towing contractor or by the Chief
of Police or his/her designee. All nuisance motor vehicles will be
towed by contractor designated by the Chief of Police or his designee.
H.Â
Penalties for violations of nuisance motor vehicle ordinance. The
owner of a nuisance motor vehicle who fails, in a timely manner, to
comply with this chapter shall be subject to have his nuisance motor
vehicle towed and stored at his expense and shall, as hereinafter
provided, be subject to a money forfeiture, which will be in addition
to payment of towing and storage costs. Each day of violation of this
chapter shall be deemed a separate offense.
Any vehicle towed to the Grafton Police Department for reasons
other than violation of nuisance motor vehicle (i.e., emergency detention,
traffic violation arrests, safekeeping) have a grace period of five
days. After notification that the vehicle has been towed to the Grafton
Police Department (via person, phone, or mail) and the grace period,
the owner will be issued a citation for violation of this chapter.
Daily storage fees will commence after the five-day grace period.
The citation issued may include towing and storage costs.
All vehicles that are towed to the Grafton Police Department
that were used in the commission of a crime or are evidence of a crime
may be stored indefinitely. These vehicle are to be considered seized
and may be released or forfeited at the discretion of the Ozaukee
County District Attorney's office.
