[HISTORY: Adopted by the Village Board of the Village of Footville 2-4-1999 by Ord. No. 2-4-99. Amendments noted where applicable.]
No person owning or having custody of any partially dismantled, nonoperable, wrecked, junked, unlicensed or discarded motor vehicle shall allow such vehicle to remain on any public highway, parking lot or ramp longer than 72 hours. No disassembled, inoperable, unlicensed, junked or wrecked motor vehicles, truck bodies, tractors, trailers, farm machinery or appliances shall be stored unenclosed upon private residential property within the Village for a period exceeding 30 days unless it is in connection with an authorized business enterprise maintained in such a manner as to not constitute a public nuisance and in compliance with Village zoning regulations.
As used in this chapter, the following terms shall have the meanings indicated:
- DISASSEMBLED, INOPERABLE, JUNKED OR WRECKED MOTOR VEHICLES, TRUCK BODIES, TRACTORS, TRAILERS
- Motor vehicles, recreational vehicles, truck bodies, tractors, farm machinery or trailers in such state of physical or mechanical ruin as to be incapable of propulsion, being operated upon the public streets or highways or which is 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.
- INOPERABLE APPLIANCE
- Any stove, washer, refrigerator or other appliance which is no longer operable in the sense for which it was manufactured.
- MOTOR VEHICLE
- As defined in § 340.01(35), Wis. Stats.
- UNLICENSED MOTOR VEHICLES, TRUCK BODIES, TRACTORS OR TRAILERS
- Motor vehicles, truck bodies, tractors, recreational vehicles or trailers which do not bear lawful current license plates.
This chapter 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 in a properly zoned area, in such a manner as to not constitute a nuisance, 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 compliance with the Code of the Village. Also excepted are motor vehicles registered pursuant to §§ 341.265 and 341.266, Wis. Stats. In other situations, the Village Board may issue temporary permits permitting an extension of not to exceed an additional 30 days' time to comply with this chapter where exceptional facts and circumstances warrant such extension.
Whenever the Police Department shall find any vehicles, as described herein, on any public highway, parking lot, or ramp in violation of this chapter, they shall notify the owner of said vehicle. In the event said vehicle is not removed within five days, the Police Department shall cause to be issued a citation to the owner of the vehicle.
Whenever the Police Department shall find any vehicles or appliances, as described herein, placed or stored in the open upon private property within the Village, they shall notify the owner of said property on which said vehicle or appliance is stored in violation of this chapter. If said vehicles or appliance is not removed within five days, the Police Department shall cause to be issued a citation to the property owner or tenant of the property upon which said vehicle or appliance is stored.
If such vehicle or appliance as described in Subsection A or B of this section are 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 shall thereafter be disposed of as described in §§ 170-5 through 170-8 of this chapter 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.
Any vehicle or appliance found in violation of this chapter shall be impounded by the Police Department until lawfully claimed or disposed of as provided in this section. Notwithstanding § 170-6 hereof, if the Chief of Police or his duly authorized representative determines that removal and storage charges for 10 days would exceed the value of the vehicle or appliance, the vehicle or appliance may be junked or sold prior to the expiration of the minimum impoundment period upon determination by the Chief of Police that the vehicle or appliance is not wanted for evidence or any other reason; provided that vehicles in excess of 19 model years of age shall be sold or disposed of only by auction, sale or sealed bid in accordance with § 170-8 of this chapter.
The minimum period of impoundment or storage of a vehicle or appliance found in violation of this chapter shall be 10 days.
The Chief of Police shall, upon the removal and impoundment of any vehicle or appliance found in violation of this chapter, notify, within 10 days of such removal, the owner and lienholders of record, by certified mail, of the impoundment and of their right to reclaim the vehicle or appliance. This notice shall set forth the information contained in § 342.40(3), Wis. Stats., and shall state that the failure of the owner or lienholders to exercise their rights to reclaim the vehicle or appliance shall be deemed a waiver of all right, title and interest in the vehicle or appliance and a consent to sale of the vehicle.
Each retained vehicle or appliance not reclaimed by the owner or lienholder may be disposed of by sealed bid or auction sale as provided in § 342.40(3), Wis. Stats.
The sale of a motor vehicle or appliance under the provisions of this chapter shall forever bar all prior claims thereto and interest therein except as hereinafter provided.
The purchaser of any vehicle or appliance on sealed bid or auction sale under § 170-8 shall have 10 days to remove the vehicle or appliance from the storage area upon payment of a storage fee of $10 for each day the vehicle or appliance has remained in storage after the second business day subsequent to the sale date. Ten days after the sale, the purchaser shall forfeit all interest in the vehicle or appliance, and the vehicle or appliance shall be deemed to be abandoned and may be again sold.
Any listing of vehicles or appliances to be sold pursuant to this chapter shall be made available by the Village Clerk to any interested person or organization who makes a written request therefor, for a fee of $10.
Within five days after sale or disposition of a vehicle under this chapter, the Clerk shall notify the Wisconsin Department of Transportation of such sale or disposition on a form supplied by the Department.
At any time within two years after the sale of a motor vehicle as provided herein, any person claiming ownership of such motor vehicle or a financial interest therein may present a claim to the Village Board setting forth such facts as are necessary to establish such ownership or interest, and that the failure of the claimant to reclaim the vehicle prior to sale was not the result of the neglect or fault of claimant. If the Village is satisfied as to the justice of such claim, it may allow the same, but in no case shall the amount allowed exceed the sum paid into the Village Treasury as the result of the sale of such motor vehicle, nor the amount of interest of the claimant therein.
Any owner or person operating a registered vehicle which shall become disabled or inoperative for any reason, and who shall be unable to cause removal of such vehicle from any alley, street, highway or public place, not otherwise regulated as a restricted parking, stopping or standing zone, shall, within 12 hours of such occurrence, notify the Police Department of the location of the vehicle and shall transfer and deliver clear title for said vehicle to the Village together with a fee of $300 to offset the cost of towing and junking charges and shall be exempt from the provisions of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
When so requested by the owner or person in charge of a vehicle, the Police Department shall be authorized to order such vehicle removed and junked directly from the scene of disablement by the Police Department or contractor engaged by the Village for the towing of disabled vehicles. The provisions of § 170-5 shall apply to any vehicle removed under this subsection.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
Violations of this chapter shall be subject to the penalties provided in § 1-4, Penalties.