ORD1972236ORDINANCE #236 (As Amended)
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AN ORDINANCE REGULATING THE STORAGE AND SALE OF
JUNKED AND ABANDONED AUTOMOBILES IN THE CI TY OF
MUSKEGO
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN,
DO ORDAIN AS FOLLOWS:
SECTION 1: VEHICLE ABANDONMENT PROHIBITED. No person
shall leave unattended any motor vehicle, trailer, semi-trailer,
or mobile home, nor shall any person allow any disassembled or
unoperab1e and unlicensed or junked, wrecked or abandoned motor
vehicles to remain in the open upon public or private property
within the City for a period in excess of seventy-two (72) hours
unless it is in connection with an automobile sales or repair
business located in a properly zoned area.
SECTION 2. PROCEDURE FOR DISPOSITION AND SALE. PUBLIC
HIGIDvAYS. The following procedure shall apply for the disposition
of vehicles found on public highways.
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(a) Vehicles found upon a public highway or upon the
public property of the City and which have remained in
the same place for seventy-two (72) hours or appear to
have been abandoned shall be removed by the City under
the direction of the Police Department or their authorized
agents. The Police Department may use City equipment
or private towing equipment.
(b) The vehicle picked up shall be impounded and may
be stored at a local junk or storage yard not to exceed
fourteen (14) days, but only if the apparent value thereof
exceeds $100.00).
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(c) Immediately upon impounding said vehicle, the Police
Department shall notify the Division of Motor Vehicles
of the recovery of the vehicle and its make, motor number,
series number and registration number, if ascertainable,
and shall obtain from the Division of Motor Vehicles the
name and address of the last registered owner and 1ienho1de.
if any.
(d) If such information is obtained, the last registered
owner or lienholder shall be notified of the impounding
of the vehicle by the Police Department and advised that
upon payment of towing and storage charges within fourteen
(14) days of the date if its impounding, that the vehicle
will be released to the owner or lien claimant or that at
the end of fourteen (14) days it will be junked or des-
troyed. If the vehicle is of the value of $100.00 or more,
then the auction procedure provided for by Section 66.28
Statutes shall be followed.
SECTION 3: PRIVATE PROPERTY: Whenever the Police
Department shall find any such vehicles placed or stored in the open
upon private property within the Corporate limits of the City, it
shall notify the owner of the property upon which such vehicles are
placed or stored of the intention of said City to remove such vehicles
immediately. If such vehicles are not removed within three (3) days
Ordinance 1/:236
Page 2.
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the Police Department shall cause the vehicles to be removed, the
cost of which to be charged to the owner of the vehicle if he is
not the owner of the real estate and to the owner of the real estate
if the vehicle also belongs to said owner or to any member of his
family. The cost of such removal and later storage, shall be
entered as a special charge on the tax roll if the owner fails to
pay said charges when applicable.
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SECTION 4: If such vehicles are claimed by the owner,
the junk or salvage yard shall charge a reasonable fee for handling
and storage. If such vehicles are not claimed, the impounding,
notification and junking or sale procedure as provided for herein-
above shall be followed.
SECTION 5: DISPOSITION IF NO RECORD OWNER. Notwith-
standing the provisions of Sections 2 and 3 with respect to the
storage of vehicles for fourteen (14) days, the Police Department
may immediately dispose of abandoned vehicles if the following
conditions are met:
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(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 shall be made to a licensed auto salvage or
junk dealer, if possible, or if not, then to a person
who shall be willing to pay the expenses of the City
in removing and storing the vehicle under this ordinance.
SECTION 6: Any abandoned vehicle which is determined
by a duly authorized municipal or county representative to have a
value less than $100.00 may be disposed of by direct sale to a
licenses salvage dealer upon determination that the vehicle is not
reported stòlen.
SECTION 7: Within five (5) days after the sale or
disposal of a vehicle as provided in Sections 5 and 6, the municipality
or county shall advise the division of the sale or disposition on
a form supplied by the division.
SECTION 8: The provisions of this ordinance shall not
apply to auto salvage yards or junk yards that are duly licensed
under the ordinance provisions of the City pertaining to such operation.
SECTION 9: Any person who shall interfere in any way
whatsoever with the due process of enforcement of any of the pro-
visions or this ordinance and shall be found guilty thereof, shall
be subject to a penalty of Twenty-Five ($25.00) Dollars. Each motor
vehicle involved shall constitute a separate offense.
þ~ SECTION 10: PENALTY. The owner of any vehicle which
shall be impounded or stored pursuant to the provisions of this
ordinance or who shall abandon a vehicle within the City and fail
to remove the vehicle when properly notified, shall be subject to
forfeiture of not less than $10.00 nor more than $200.00, together
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Ordinance #236, As Amended
Page 3.
with the costs of said action. Default of the payment shall be ~- prisonment in the County Jail until such forfeiture and costs are
paid but not to exceed six (6) months. This penalty is in addition
to all other expenses and charges made applicable under the provisions
of this ordinance.
SECTION 11: Any ordinance or parts of ordinances in-
consistent with or contravening the provisions of this ordinance
are hereby repealed.
SECTION 12: This ordinance shall be in full force and
effect from and after its passage and publication.
SECTION 13: Section 7.16 of the Municipal Code is hereby re-
pealed and recreated by this ordinance.
PASSED AND APPROVED THIS 10th DAY OF October ,
1972.
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Jerome J. Gottfried, Mayor
i~ ATTEST:
~þ.~-LJ
City Clerk
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