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ORD1971202-- ORDINANCE # 202 AN ORDINANCE REGULATING THE STORAGE AND SALE OF JUNKED AND ABANDONED AUTOMOBILES ON PUBLIC PROPERTY IN THE CITY OF MUSKEGO. (' THE COMMON COUNCIL OF THE CITY OF MUSKEGO" WISCONSIN, DO ORDAIN AS FOLLOWS: SECTION I. Section 7.16 of the Municipal Code is hereby repealed and recreated to read as fol lows: 7.16(A) STORAGE AND SALE OF JUNKED AUTOS:PUBLIC PROPERTY. ( I) No d i sassesmb I ed or unoperab I e and un I icensed, and no junked, wrecked or abandoned motor veh ic I es sha I I be stored or al lowed to remain in the open, upon publ ic property within the City, for a period in excess of three days unless it is in connection with an automotive sales or repair business enterprise located in a properly zoned area. r (2) Procedure for D i spos it i on and Sa Ie. The fo I low i ng procedure shal I apply for the disposition of vehicles found on pub I ic highways or property: (a) Vehicles found upon a publ ic highway or upon the publ ic property of the City and which have remained in the same place for seventy-two hours or appear to have been abandoned sha I I be removed by the City under the direction of the Chief of Pol ice or his authorized agent. The Chief may use City equipment or private towing equipment. (b) The vehicle picked up shal I be impounded and may be stored at a local junk or storage yard not to exceed thirty days. ~- (c) Immediately upon impounding said vehicle, the Pol ice Department shal I notify the Division of Motor Vehicles of the recovery of the vehicle and its make, motor number, serial number and registration number, if ascertainable, and shal I obtain from the Division of Motor Vehicles the name and address of the last reg i stered owner and I i enho I der, if any. ,- (d) If such information is obtained, the last registered owner or lienholder shal I be notified of the impounding of the vehicle by the City and advised that upon payment of towing and storage charges within thirty days of the date of its impounding, that the veh icle wi II be released to the owner or I ien claimant or that at the end of th i rty days it will be j un ked or destroyed. If the vehicle is of such condition that the destruction thereof would be unreasonable, then the auction procedure provided for by Section 66.28 Wis. Stats. shall be fo II owed. r .. .- (3) If such vehicles are claimed by the owner, the junk or sa I vage yard sha II charge a reasonab I e fee for hand ling and storage. If such vehicles are not claimed, the impounding, notification and junking or sale procedure as provided for herein- above shal I be fol lowed. ...-- (4) Disposition if No Record Of Owner. Notwithstanding the provisions of Section (2) wrth respect to the storage of vehicles for thirty days, the Pol ice Department may immediately dispose of abandoned vehicles if the fo! lowing conditions are met: (a) The Division of Motor Vehicles advises the City that it has no record of registration of vehicle involved; or (b) If the motor, serial or registration number of the motor vehicle are not ascertainable or if no evidence of ownership is found upon or within the vehicle, such disposition shal I be made to a I icensed auto salvage or junk dealer, if possible, or if not, then to be dispersed of by pub! ic auction as provided in Section 66.28, Wis. Stats. (" (5) The provisions of this ordinance shal I not apply to auto salvage yards or junk yards that are duly I icensed under the ordinance provisions of the City pertaining to such operation. (6) Any person who sha II interfere in any way whatsoever with the due process of enforcement of any of the provisions of this ordinance and shal I be found gui Ity thereof, shal I be subject to a penalty of Twenty-five ($25.00) Dollars. Each motor vehicle in- volved shal I constitute a separate offense. (7) Penalty. The owner of any vehicle who shal I violate the provisions of this ordinance shall be subject to a forfeiture of not less than Ten ($10.00) Dol lars, nor more than Two Hundred ($200.00) Dol lars, together with the costs of said action; and in default of the payment thereof, shal I be imprisoned in the County Jai! unti I such forfeiture and costs are paid, and not to exceed six months. ..-- ( SECTION 2. AI I ordinances or parts of ordinances incon- sistent with or contravening this ordinance are hereby repealed. SECTION 3. This ordinance shal I be in ful I force and effect from and after its passage and publ ication. Passed and Approved this ~ t/ f 197 I . -- ATTES~þ. ~.-uJ City Clerk I"""" ( PUBLI SH ED: