§ 74-59. Junked vehicles and appliances.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Disassembled, inoperable, junked or wrecked motor vehicles, truck bodies, tractors, trailers means as follows: 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 means any stove, washer, refrigerator or other appliance which is no longer operable in the sense for which it was manufactured.

Motor vehicle means as defined in Wis. Stats. § 340.01(35).

Unlicensed motor vehicles, truck bodies, tractors or trailers means as follows: motor vehicles, truck bodies, tractors, recreational vehicles or trailers which do not bear lawful current license plates.

(b)

Storage of automobiles. No disassembled, inoperable, unlicensed, junked or wrecked motor vehicles, truck bodies, tractors, trailers, farm machinery, vehicle parts or tires, construction debris or appliances shall be stored upon private residential property or not enclosed within a building upon nonresidential property within the city for a period exceeding ten days unless it is in connection with an authorized business enterprise located in a properly zoned area maintained in such a manner as to not constitute a public nuisance. A business enterprise with up to ten dissembled, inoperable, unlicensed, junked or wrecked motor vehicles, trailers or other large items of machinery that are not enclosed within a building shall be considered a public nuisance for the purposes of this section. Any of such items that are being repaired shall not be stored outside for more than 45 days.

(c)

Exceptions. This section 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 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 ordinance. Also excepted are motor vehicles registered pursuant to Wis. Stats. §§ 341.265 and 341.266. In other situations, the common council may issue temporary permits permitting an extension of not to exceed an additional 30 days' time to comply with this section where exceptional facts and circumstances warrant such extension.

(d)

Enforcement.

(1)

Whenever the police department shall find any vehicles, vehicle parts or tires, or appliances, as described in this section, placed or stored in the open upon private property within the city, they shall notify the owner of such property on which such vehicle or appliance is stored of the violation of this section. If such vehicles, part thereof 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 such vehicle or appliance is stored.

(2)

If such vehicle or appliance is 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 it shall thereafter be disposed of as prescribed in sections 74-54—74-57 by the chief of police or duly authorized representative. Any costs incurred in the removal and sale of such vehicle or appliance shall be recovered from the owner. However, if the owner of the vehicle or appliance cannot readily be found, the costs 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.

(e)

Penalty. Any person who shall interfere with the enforcement of any of the provisions of this section and shall be found guilty thereof shall be subject to a penalty as provided in section 1-11. Each motor vehicle or appliance involved shall constitute a separate offense.

(Code 1994, § 10-5-8; Ord. of 11-4-2003(4), § 10-5-8(a))

State law reference

Abandoned vehicles generally, Wis. Stats. § 342.40.