10-5-1 Abandoned Vehicles; Definitions
10-5-2 Removal and Impoundment of Vehicles
10-5-3 Removal, Storage, Notice or Reclaimer of Abandoned Vehicles
10-5-4 Disposal of Abandoned Vehicles
10-5-5 Report of Sale or Disposal
10-5-6 Owner Responsible for lmpoundment and Disposal Costs
10-5-7 Conflict with Other Code Provisions
10-5-8 Junked Vehicles and Appliances on Private Property
Sec 10-5-1 Abandoned Vehicles; Definitions.
(a) Abandonment of Vehicles Prohibited. No person shall leave unattended any motor vehicle, trailer, semitrailer or mobile home on any public street or highway or private or public property in the Village of Edgar for such time and under such circumstances as to cause the vehicle to reasonably appear to have been abandoned. Whenever any such vehicle has been left unattended on any street or highway in the Village of Edgar or upon private or public property without the permission of the property owner or other person charged with the lawful jurisdiction thereof for more than forty-eight (48) hours, the vehicle shall be deemed abandoned and constitutes a public nuisance.
(b) Definitions. For purposes of this Chapter, the following definitions shall be applicable:
(1) Vehicle. A motor vehicle, trailer, semitrailer or mobile home, whether or not such vehicle is registered under Wisconsin Law.
(2) Unattended. Unmoved from its location with no obvious sign of continuous human use.
(3) Street. Any public highway or alley and shall mean the entire width between the boundary lines of any public way where any part thereof is open to the public for purposes of vehicular traffic.
(4) Abandoned Motor Vehicle. Any motor vehicle which has been left or abandoned upon a public highway, the right-of-way thereof, or other publicly owned property for forty-eight (48) or more, or upon the property of another person without the permission of that person.
(5) Removal. The physical relocation of any property hereunder to an authorized location.
(c) Presumptions. For purposes of this Section, the following irrebuttable presumptions shall apply:
(1) A vehicle shall be presumed unattended if it is found in the same position forty-eight (48) hours after issuance of a traffic ticket, citation and if such traffic ticket or citation remains placed upon the windshield during said forty-eight (48) hours.
(2) Any vehicle left unattended for more than forty-eight (48) hours on any public street or public ground or left unattended for more than forty-eight (48) hours on private property without the consent of the property owner is deemed abandoned and constitutes a nuisance; provided, that the vehicle shall not be deemed abandoned under this Subsection if left unattended on private property and/or is enclosed within a building, or if designated as not abandoned by an enforcement officer.
(d) Exceptions. This Section shall not apply to a vehicle in an enclosed building or a vehicle stored on a premises which is fully in compliance with applicable zoning regulations or other Village ordinances, or to a vehicle parked in a paid parking lot or space where the required fee has been paid.
Any vehicle in violation of this Chapter may be removed and impounded until lawfully claimed or disposed of under the provisions of Section 10-5-3. The vehicle be inspected for scratches and dents on the vehicle and its contents; an inventory search may be made of the vehicle's contents.
(a) Applicability. The provisions of this Section shall apply to the removal, storage, notice, reclaimer or disposal of abandoned vehicles as defined in Section 10-5-1.
(b) Removal. Any law enforcement officer (or other enforcement authority) who discovers any motor vehicle, trailer, semitrailer, mobile home or other vehicle described in Section 10-5-1 on any public street or highway or private or public property in the Village of Edgar which has been abandoned shall cause the vehicle to be removed to a suitable place of impoundment.
(c) Storage and Reclaimer. Any abandoned vehicle which is determined by a law enforcement officer to be abandoned shall be retained in storage for a period of ten (I 0) days after certified mail notice, as hereinafter provided, has been sent to the Wisconsin titled owner and/or secured party of record with the Wisconsin Motor Vehicle Division, except that if a law enforcement officer determines an abandoned vehicle to have a value of less than One Hundred Dollars ($100.00), or that the cost of towing and storage charges for impoundment will exceed the value of the vehicle, it may be junked or sold by direct sale to a licensed salvage dealer after having been retained in storage for a period of forty- eight (48) hours and after certified mail notice, as hereinafter provided, has been sent to the Wisconsin titled owner or secured party of record with the Wisconsin Motor Vehicle Division, provided that it is first determined that the vehicle is not reported stolen or wanted for evidence or other reason. All substantially complete vehicles in excess of nineteen (19) model years of age shall be deemed as a having value of less than One Hundred Dollars ($100.00). Any such vehicle which may be lawfully reclaimed may be released upon the payment of all accrued charges, including towing, storage and notice charges and upon presentation of the vehicle title or other satisfactory evidence to a law enforcement officer to prove an ownership or secured party interest in said vehicle.
(d) Notice to Owner or Secured Party. Certified mail notice, as referred to herein, shall notify the Wisconsin titled owner of the abandoned vehicle, if any, and/or the secured party of record with the Wisconsin Motor Vehicle Division, if any, of the following:
(1) That the vehicle has been deemed abandoned and impounded by the Village of Edgar;
(2) The "determined value" of the abandoned vehicle;
(3) If the cost of towing and storage costs will exceed the determined value of the vehicle;
(4) That if the vehicle is not wanted for evidence or other reason, the vehicle may be reclaimed upon the payment of all accrued charges, including towing, storage and notice charges, within ten (10) days of the date of notice, unless the vehicle has been determined to have a value less than One Hundred Dollars ($100.00) or that the cost of towing and storage charges for impoundment will exceed the value of the vehicle, in which case the vehicle may be reclaimed within seven (7) days upon the payment of the aforesaid charges; and
(5) That the owner or aforesaid secured party may, upon request, be granted a hearing relating to the determinations made with respect to said vehicle within the period that such vehicles may be reclaimed.
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