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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED VEHICLE. All motor vehicles or other vehicles in a state of disrepair rendering the vehicle incapable of being driven in its condition; or any motor vehicle or other vehicle that has not been moved or used for seven consecutive days or more and is apparently deserted.
ANTIQUE VEHICLE. Any motor vehicle or other vehicle 25 years of age or older.
HIGHWAY. Any street, alley, or public way within the village.
INOPERABLE MOTOR VEHICLE. Any motor vehicle from which, for a period of at least six months, the engine, wheels, or other parts have been removed, or on which the engine, wheels, or other parts have been altered, damaged, or otherwise
treated that the vehicle is incapable of being driven under its own motor power; but shall not include a motor vehicle which has been rendered temporarily incapable of being driven under its own power in order to perform ordinary service or repair operations nor to any motor vehicles that are kept within a building when not in use, to historic vehicles over 25 years of age, or to a motor vehicle on the premises of a business engaged in wrecking or junking of motor vehicles.
(Ord. 73-17, passed 8-7-73)
(A) The abandonment of a motor vehicle or other vehicle or any part thereof on any highway in this municipality is unlawful and subject to penalties as set forth in this chapter. The abandonment of a motor vehicle or other vehicle or any part thereof on private or public property, other than a highway, in view of the general public, anywhere in this municipality is unlawful except on property of the owner or bailee of such abandoned vehicle. A motor vehicle or other vehicle or any part thereof so abandoned on private property may be authorized for removal by or upon the order of the Chief of the Police Department of the municipality, after a waiting period of seven days or more has expired.
(B) Inoperable motor vehicles, and abandoned vehicles, as defined in § 90.01, whether on public or private property, are hereby declared to be a nuisance.
(Ord. 73-17, passed 8-7-73) Penalty, see § 90.99
All persons are required to dispose of any inoperable motor vehicles under their control upon written notice received from the corporate authorities of the village or from the Chief of Police, or any member of the Police Department designated by him commanding such disposition of said inoperable motor vehicle. Failure to comply with said notice within 72 hours from receipt thereof shall be deemed a violation of this chapter.
(Ord. 73-17, passed 8-7-73) Penalty, see § 90.99
When an abandoned, lost, stolen, or unclaimed motor vehicle or other vehicle comes into the temporary possession or custody of a person in this state, not the owner of the vehicle, such person shall immediately notify the Police Department when the vehicle is within the corporate limits of the municipality. Upon receipt of such notification, the Chief of the Police Department shall authorize a towing service to remove and take possession of the abandoned, lost, stolen, or unclaimed motor vehicle or other vehicle. The towing service will safely keep the towed vehicle and its contents, maintain a record of the tow until the vehicle is claimed by the owner or any other person legally entitled to possession thereof, or until it is disposed of as provided in this chapter.
(Ord. 73-17, passed 8-7-73)
(A) When a motor vehicle or other vehicle is abandoned on a highway in this village, ten hours or more, its removal by a towing service may be authorized by order of the Chief of the Police Department.
(B) When an abandoned, unattended, wrecked, burned, or partially dismantled motor vehicle or other vehicle is creating a traffic hazard because of its position in relation to the highway or its physical appearance is causing the impeding of traffic, its immediate removal from the highway by a towing service may be authorized by order of the Chief of the Police Department.
(C) When a vehicle removed from either public or private property is authorized by order of the Chief of the Police Department, the owner of the vehicle will be responsible for all towing costs.
(Ord. 73-17, passed 8-7-73)
When a motor vehicle or other vehicle is authorized to be towed away, the Police Department shall keep and maintain a record of the vehicle towed, listing the color, year of manufacturer, manufacturer's trade name, manufacturer's series name, body style, Vehicle Identification Number, and license plate year and number displayed on the vehicle. The record shall also include the date and hour of tow, location towed from, location towed to, reason for towing, and the name of the officer authorizing the tow.
(Ord. 73-17, passed 8-7-73)
(A) When the Police Department does not know the identity of the registered owner or other legally entitled person, they will cause the motor vehicle registration records of the state to be searched by a directed communication to the Secretary of State for the purpose of obtaining the required ownership information.
(B) The Police Department will cause the stolen motor vehicle files of the State Police to be searched by a directed communication to the State Police for stolen or wanted information on the vehicle. When the State Police files are searched with negative results, the information contained in the National Crime Information Center (NCIC) files will be searched by the State Police. The information determined from these record searches will be used by the Police Department in sending a notification by certified mail to the owner or legally entitled person advising where the vehicle is held, requesting a disposition be made, and setting forth public sale information.
(C) When the registered owner or other person legally entitled to the possession of a motor vehicle or other vehicle cannot be identified from the registration files of this state or from the registration files of a foreign state, if applicable, the Police Department shall notify the State Police for the purpose of identifying the vehicle's owner or other person legally entitled to the possession of the vehicle. The information obtained by the State Police will be immediately forwarded to the law enforcement agency having custody of the vehicle for notification of owner.
(Ord. 73-17, passed 8-7-73)
Any time before a motor vehicle or other vehicle is sold at public sale or disposed of as provided herein, the owner or other person legally entitled to its possession may reclaim the vehicle by presenting to the Police Department proof of ownership or proof of the right to possession of the vehicle. No vehicle shall be released to the owner or other person under this division until all towing and storage charges have been paid.
(A) (1) Whenever an abandoned, lost, stolen, or unclaimed motor vehicle or other vehicle, seven years of age or newer, remains unclaimed by the registered owner or other person legally entitled to its possession for a period of 30 days after notice has been given as provided herein, the Police Department having possession of the vehicle shall cause it to be sold at public sale to the highest bidder. Notice of the time and place of the sale shall be posted in a conspicuous place for at least ten days prior to the sale on the premises where the vehicle has been impounded. At least ten days prior to the sale, the Police Department shall cause a notice of the time and place of the sale to be sent by certified mail to the registered owner or other person known by the Police Department or towing service to be legally entitled to the possession of the vehicle. Such notice shall contain a complete description of the vehicle to be sold and what steps must be taken by any legally entitled person to reclaim the vehicle.
(2) In those instances where the certified notification specified herein has been returned by the postal authorities to the Police Department due to the addressee having moved or being unknown at the address obtained from the registration records of this state, the sending of a second certified notice will not be required.
(B) (1) When the identity of the registered owner or other person legally entitled to the possession of an abandoned, lost, or unclaimed vehicle of seven years of age or newer cannot be determined by any means provided for in this chapter, the vehicle may be sold as provided herein or disposed of in the manner authorized by the chapter without notice to the registered owner or other person legally entitled to the possession of the vehicle.
(2) When an abandoned vehicle of more than seven years of age is impounded as specified by this chapter, it will be kept in custody for a minimum of ten days for the purpose of determining ownership, the contacting of the registered owner by the U.S. Mail, public service, or in person for a determination of disposition; and, an examination of the State Police stolen motor vehicle files for theft and wanted information. At the expiration of the ten-day period, without the benefit of disposition information being received from the registered owner, the Chief of Police will authorize the disposal of the vehicle as junk only.
(3) A motor vehicle or other vehicle classified as an antique vehicle is excluded from this chapter.
(Ord. 73-17, passed 8-7-73)
When a motor vehicle or other vehicle in the custody of the Police Department is reclaimed by the registered owner or other legally entitled person, or when the vehicle is sold at public sale or otherwise disposed of as provided in this chapter, a report of the transaction will be maintained by the Police Department for a period of one year from the date of the sale or disposal.
(Ord. 73-17, passed 8-7-73)
When a vehicle located within the corporate limits of this village is authorized to be towed away by the Chief of Police and disposed of as set forth in this chapter, the proceeds of the public sale or disposition after the deduction of towing, storage, and processing charges shall be deposited in the municipal treasury.
(Ord. 73-17, passed 8-7-73)
Any police officer, towing service owner, operator, or employee shall not be held to answer or be liable for damages in any action brought by the registered owner, former registered owner, or his legal representative, or any other person legally entitled to the possession of a motor vehicle or other vehicle when the vehicle was processed and sold or disposed of as provided by this chapter.
(Ord. 73-17, passed 8-7-73)
Any person violating any provision of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined an amount not exceeding $500. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable hereunder as such.
(Ord. 73-17, passed 8-7-73)